§ 1120a.3. Criteria for exclusion or ejection.
(a) The exclusion list may include a person who meets one or more of the following criteria:
(1) A career or professional offender whose presence in an establishment licensee’s facility would, in the opinion of the Board, be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.
(2) An individual with a known relationship or connection with a career or professional offender whose presence in an establishment licensee’s facility would be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.
(3) A person who has been convicted of a criminal offense under the laws of any state, or of the United States, which is punishable by 1 year or more in prison, or who has been convicted of any crime or offense involving moral turpitude, and whose presence in a establishment licensee facility would be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.
(4) A person whose presence in a establishment licensee facility would be inimical to the interest of the Commonwealth or of licensed gaming therein, or both, including:
(i) Persons who cheat.
(ii) Persons whose gaming privileges have been suspended by the Board.
(iii) Persons whose Board permits, licenses, registrations, certifications or other approvals have been revoked.
(iv) Persons who pose a threat to the safety of the patrons, employees or persons on the property of an establishment licensee’s facility.
(v) Persons with a history of conduct involving the disruption of the gaming operations within a licensed facility or establishment licensee facility.
(vi) Persons subject to an order of a court of competent jurisdiction in this Commonwealth excluding those persons from licensed facilities or establishment licensee facilities.
(vii) Persons who have been charged, indicted or convicted of a gambling crime or a crime related to the integrity of gaming operations in this Commonwealth or another jurisdiction.
(viii) Persons who have performed an act or have a notorious or unsavory reputation that would adversely affect public confidence and trust in gaming.
(b) For purposes of subsection (a), a person’s presence may be considered inimical to the interest of the Commonwealth or of licensed video gaming therein, or both if known attributes of the person’s character and background meet one or more of the following criteria:
(1) Are incompatible with the maintenance of public confidence and trust in the credibility, integrity and stability of the operation of a establishment licensee facility.
(2) May reasonably be expected to impair the public perception of, and confidence in, the strict regulatory process created by 4 Pa.C.S. Part III (relating to video gaming).
(3) Create or enhance a risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or in the business or financial arrangements incidental thereto.
(c) A finding of inimicality may be based upon the following:
(1) The nature and notoriety of the character or background of the person.
(2) The history and nature of the involvement of the person with licensed gaming in this Commonwealth or another jurisdiction.
(3) The nature and frequency of contacts or associations of the person with an establishment licensee.
(4) Other factors reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of video gaming operations.
(d) A person’s race, color, creed, national origin or ancestry, or sex will not be a reason for placing the name of a person upon the exclusion list.
Cross References This section cited in 58 Pa. Code § 1120a.6 (relating to demand for hearing on the exclusion of a person).
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