Legislation
SECTION 1345
Excluded person; forfeiture of winnings; other sanctions
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 5
§ 1345. Excluded person; forfeiture of winnings; other sanctions. 1. A
person who is prohibited from gaming in a licensed gaming facility by
any order of the executive director, commission or court of competent
jurisdiction, including any person on the self-exclusion list pursuant
to subdivision one of section one thousand three hundred forty-four of
this title, shall not collect, in any manner or proceeding, any winnings
or recover any losses arising as a result of any prohibited gaming
activity.
2. For the purposes of this section, any gaming activity in a licensed
gaming facility that results in a prohibited person obtaining any money
or thing of value from, or being owed any money or thing of value by,
the gaming facility shall be considered, solely for purposes of this
section, to be a fully executed gambling transaction.
3. In addition to any other penalty provided by law, any money or
thing of value which has been obtained by, or is owed to, any prohibited
person by a licensed gaming facility as a result of wagers made by a
prohibited person shall be subject to forfeiture following notice to the
prohibited person and opportunity to be heard. A licensed gaming
facility shall inform a prohibited person of the availability of such
notice on the commission's website when ejecting the prohibited person
and seizing any chips, vouchers or other representative of money owed by
a gaming facility to the prohibited person as authorized by this
subdivision. All forfeited amounts shall be deposited into the
commercial gaming revenue fund.
4. In any proceeding brought by the commission against a licensee or
registrant for a willful violation of the commission's self-exclusion
regulations, the commission may order, in addition to any other sanction
authorized, an additional fine of double the amount of any money or
thing of value obtained by the licensee or registrant from any
self-excluded person. Any money or thing of value so forfeited shall be
disposed of in the same manner as any money or thing of value forfeited
pursuant to subdivision three of this section.
person who is prohibited from gaming in a licensed gaming facility by
any order of the executive director, commission or court of competent
jurisdiction, including any person on the self-exclusion list pursuant
to subdivision one of section one thousand three hundred forty-four of
this title, shall not collect, in any manner or proceeding, any winnings
or recover any losses arising as a result of any prohibited gaming
activity.
2. For the purposes of this section, any gaming activity in a licensed
gaming facility that results in a prohibited person obtaining any money
or thing of value from, or being owed any money or thing of value by,
the gaming facility shall be considered, solely for purposes of this
section, to be a fully executed gambling transaction.
3. In addition to any other penalty provided by law, any money or
thing of value which has been obtained by, or is owed to, any prohibited
person by a licensed gaming facility as a result of wagers made by a
prohibited person shall be subject to forfeiture following notice to the
prohibited person and opportunity to be heard. A licensed gaming
facility shall inform a prohibited person of the availability of such
notice on the commission's website when ejecting the prohibited person
and seizing any chips, vouchers or other representative of money owed by
a gaming facility to the prohibited person as authorized by this
subdivision. All forfeited amounts shall be deposited into the
commercial gaming revenue fund.
4. In any proceeding brought by the commission against a licensee or
registrant for a willful violation of the commission's self-exclusion
regulations, the commission may order, in addition to any other sanction
authorized, an additional fine of double the amount of any money or
thing of value obtained by the licensee or registrant from any
self-excluded person. Any money or thing of value so forfeited shall be
disposed of in the same manner as any money or thing of value forfeited
pursuant to subdivision three of this section.