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.