16.1 Exclusions – Inimicals, Cheats, Career Criminals - Definitions
The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
(a) “Candidate” means any person whose name is included on the exclusion list.
(b) “Career or professional offender” means any person, whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing methods that constitute violations of the laws of the State of Arkansas.
(c) “Cheat” means any person whose act or acts in any jurisdiction would constitute any criminal offense relating to gaming play.
(d) “Excluded Person” means any person who has been placed upon the List of Excluded Persons by order of the Commission and is required to be ejected from a gaming facility.
(e) “Inimical” means adverse, unfriendly or hostile to the integrity of gaming.
(f) “List of Excluded Persons” means a list of names of persons who are required to be excluded or ejected from the Franchise Holder’s premises.
(g) “Occupational manner or context” means the systematic planning, administration, management or execution of an activity for financial gain.
16.2 Maintenance and Distribution of List
(a) The Commission shall maintain a list of persons to be excluded from a Franchise Holder’s premises.
(b) The list shall be distributed to every Franchise Holder in the State of Arkansas on at least a quarterly basis via E-Mail or U.S. Postal Service. Each Franchise Holder shall acknowledge receipt thereof by notifying the Commission via E-Mail or correspondence.
(c) The following information and data shall be provided for each excluded person:
i. The full name and aliases of the person to be excluded;
ii. A description of the person’s physical appearance, including height, weight, type build, color of hair and eyes and other physical characteristics which might assist in the identification of the person;
iii. Date of birth
iv. The effective date of the order of exclusion; and
v. A photograph, if obtainable and the date of the photo or a photo taken by the Franchise Holder’s surveillance department.
16.3 Criteria for Exclusion
(a) The exclusion list may include any person who meets the following criteria:
i. A career or professional offender whose presence in a Franchise Holder’s premises would be contrary to the interests of the State of Arkansas.
ii. An associate of a career offender or professional offender whose association is such that his or her presence in a Franchise Holder’s premises would be inimical to the interest of the State of Arkansas.
iii. Any person whose presence in a Franchise Holder’s premises would be inimical to the interest of the State of Arkansas, but not limited to:
(2) Persons whose privileges for an Employee License have been revoked;
(3) Persons who pose a threat to the safety of patrons or employees of the Franchise Holder and
(4) Persons with a documented history of conduct involving undue disruption of a Franchise Holder’s operations.
16.4 Procedure for Entry of Names
The Racing Commission shall, on its own initiative, or upon referral by the Franchise Holder, investigate or review any individual who would appear to be an appropriate candidate for placement on the exclusion list. An agent or other representative of the Racing Commission may conduct the investigation and place any candidate for exclusion on the list and notify that person. The Commission administrator or designee shall, within 30 days of placement thereon, affirm the decision of the Racing Commission representative to place an individual on the exclusion list, or the person’s name shall be removed from the list.
16.5 Duty of Franchise Holder RE: Excluded Persons
(a) A Franchise Holder shall exclude or eject any person that has been placed on the exclusion list;
(b) If an excluded person enters, attempts to enter, or is in a Franchise Holder premises and is recognized by the Franchise Holder personnel, the Franchise Holder personnel shall immediately notify the Racing Commission.
(c) It shall be a continuing duty of Franchise Holder to inform the Racing Commission of the names of persons it believes are appropriate candidates for placement on the exclusion list.
(d) Each Franchise Holder shall have the right to exclude undesirable individuals from its premises, and without limiting the generality of the forgoing, each Franchise Holder may have the person whose name appears on the exclusion list removed from the Franchise Holder’s premises or may press trespass charges against the individual.
(e) Any excluded person who has engaged in gaming activity at a Franchise Holder’s premises prior to detection and whose gaming has resulted in a win by the excluded patron, shall forfeit all winnings immediately upon detection of the excluded person by the Franchise Holder or Racing Commission. A Franchise Holder shall not reimburse the excluded person for any losses incurred while the excluded person engaged in gaming activity.
16.6 Removal from the Exclusion List
(a) An excluded person may petition the Commission to remove his or her name from the exclusion list.
(b) The petition for removal shall state with specificity the grounds believed by the petitioner to constitute good cause for the removal from the list.
(c) The Racing Commission or designee may decide the petition on the basis of the documents submitted or grant the petitioner a hearing. A hearing shall be granted only upon a finding that there is new evidence which is material and necessary, or that circumstances have changed since the placement of the excluded person on the list. All exclusion decisions may be appealed to the Racing Commission.