New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 5327
Executive Department
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4 sections
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9 NYCRR 5327.1 - Maintenance of the excluded persons list
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
- Related Register notice
- SGC-28-16-00006-A · Adopted rule
- Related notice published
- Sep 21, 2016
- Related notice effective date
- Sep 21, 2016
(a)The commission shall maintain a list of persons to be excluded or ejected from the gaming facility. The commission shall maintain such list on the commission’s website. Such list shall not be deemed all-inclusive.
(b)Each gaming facility licensee shall exclude from its premises any person who such gaming facility licensee knows meets the exclusion criteria of Racing, Pari-Mutuel Wagering and Breeding Law section 1342 and section 5327.2 of this Part.
(c)The following information shall be provided on the list for each excluded individual:
(1)the full name and all aliases the person is believed to have used;
(2)a description of the person’s physical appearance, including height, weight, type of build, color of hair and eyes and other physical characteristics that may assist in the identification of the person;
(3)the person’s date of birth;
(4)the effective date of the order mandating the exclusion of the person; and
(5)photograph, if obtainable, and the date thereof.
(d)Each gaming facility licensee shall ensure that it reviews the excluded persons list on a regular basis and that such list is made available to all employees of the gaming facility.
9 NYCRR 5327.2 - Criteria for exclusion
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
- Related Register notice
- SGC-28-16-00006-A · Adopted rule
- Related notice published
- Sep 21, 2016
- Related notice effective date
- Sep 21, 2016
A person shall be placed on the excluded persons list if the commission determines that the person meets one or more of the following criteria:
(a)is a career or professional offender, whose presence in a gaming facility would, in the opinion of the commission, be contrary to the interests of New York State or of casino gaming therein, or both;
(b)has a known relationship or connection with a career or professional offender whose presence in a licensed facility would be contrary to the interest of New York State or of casino gaming therein, or both;
(c)has been convicted of a gambling offense under the laws of any state or the United States that is punishable by more than 12 months in a state prison, a house of correction or any comparable incarceration, a crime of moral turpitude or a violation of the gaming laws of any state;
(d)has a notorious or unsavory reputation that would adversely affect public confidence and trust that casino gaming is free from criminal or corruptive elements;
(e)poses, by presence in a gaming facility, the potential of injurious threat to the interests of New York State if the person is permitted in a gaming facility. In determining whether a person poses a potential of injurious threat, the commission may consider whether the person:
(1)is a gaming cheat;
(2)has had a license or registration issued in accordance with Parts 5303 through 5307 of this Title, or a like license or registration issued by another jurisdiction, suspended or revoked or has been otherwise subjected to adverse action;
(3)poses a threat to the safety of the patrons or employees of a gaming facility;
(4)has a documented history of conduct involving the undue disruption of gaming operations in any jurisdiction;
(5)is subject to an order of a court of competent jurisdiction in New York State excluding those persons from a gaming facility;
(6)is subject to a no trespass order at any casino or gaming facility in any jurisdiction;
(7)is excluded from any video lottery facility in New York State;
(8)is excluded from any Indian gaming facility in New York State;
(9)is excluded from any horse racing track or off-track betting facility in New York State for any misconduct or behavior involving wagering or wagering integrity; or
(10)has pending charges or indictments for a gaming crime or a crime related to the integrity of gaming operations in New York State or any other jurisdiction.
9 NYCRR 5327.3 - Placement on the excluded persons list
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
- Related Register notice
- SGC-28-16-00006-A · Adopted rule
- Related notice published
- Sep 21, 2016
- Related notice effective date
- Sep 21, 2016
The placement of a person on the excluded persons list shall have the effect of requiring the exclusion or ejection of the excluded person from all New York State licensed gaming facilities.
9 NYCRR 5327.4 - Petition to remove name from the excluded persons list
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Nov 15, 2021
- Related Register notice
- SGC-28-16-00006-A · Adopted rule
- Related notice published
- Sep 21, 2016
- Related notice effective date
- Sep 21, 2016
(a)An excluded person may file a petition with the secretary of the commission to request a hearing for removal of his or her name from the excluded persons list after five years have elapsed from the day of placement of his or her name on the excluded persons list.
(b)Any petition pursuant to this section shall be signed by the excluded person, contain supporting affidavits and state specified grounds believed by the excluded person to constitute good cause for removal from the excluded persons list.