Authority and Implementation
Authority
Statutes providing for regulations requiring exclusion, ejectment of certain persons from establishments licensed to operate any gambling game or conduct pari-mutuel wagering are contained in chapter 463 of the Nevada Revised Statutes as amended in 1983 (the Nevada Gaming Control Act).
NRS 463.151 Regulations requiring exclusion or ejection of certain persons from licensed establishments: Persons included.
1. The legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.
2. The commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only. The list may include any person whose presence in the establishment is determined by the board and the commission to pose a threat to the interests of this state or to licensed gaming, or both.
3. In making that determination, the board and the commission may consider any:
(a) Prior conviction of a crime which is a felony in this state or under the laws of the United States, a crime involving moral turpitude or a violation of the gaming laws of any state;
(b) Violation or conspiracy to violate the provisions of this chapter relating to:
(1) The failure to disclose an interest in a gaming establishment for which the person must obtain a license; or
(2) Willful evasion of fees or taxes;
(c) Notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive elements; or
(d) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.
4. Race, color, creed, national origin or ancestry, or sex must not be grounds for placing the name of a person upon the list.
NRS 463.152 Regulations requiring exclusion or ejection of certain persons from licensed establishments: Notice to person whose name is placed on list.
Whenever the name and description of any person is placed on a list pursuant to NRS 463.151, the board shall serve notice of such fact to such person:
1. By personal service;
2. By certified mail to the last known address of such person; or
3. By publication daily for 1 week in one of the principal newspapers published in the city of Reno and in one of the principal newspapers published in the city of Las Vegas, Nevada.
NRS 463.153 Regulations requiring exclusion or ejection of certain persons from licensed establishments: Hearing; disposition; judicial review.
1. Within 30 days after service by mail or in person or 60 days after the last publication, as provided in NRS 463.152, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by agreement of the commission and the person demanding the hearing.
3. If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed under NRS 463.220 and 463.225 of its determination.
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. This order is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315 to 463.318, inclusive.
NRS 463.154 Regulations requiring exclusion or ejection of certain persons from licensed establishments: Penalties for failure to exclude or eject.
The commission may revoke, limit, condition, suspend or fine an individual licensee or licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only, in accordance with the laws of this state and the regulations of the commission, if that establishment or any individual licensee affiliated therewith knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded or ejected.
NRS 463.155 Regulations requiring exclusion or ejection of certain persons from licensed establishments: Unlawful entry by person whose name has been placed on list; penalty.
Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to NRS 463.151 is guilty of a gross misdemeanor if he thereafter enters the premises of a licensed gaming establishment which conducts pari-mutuel wagering or operates any race book, sports pool or games, other than slot machines only, without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.
(Amended: 1985)
Implementation
Regulation 28 of the Nevada Gaming Commission and Nevada Gaming Control Board entitled "List of Excluded Persons" contains eight sections, excerpts of which are quoted below.
28.010 List of exclusion and ejectment.
1. Pursuant to NRS 463.151 through 463.155, the Nevada gaming commission hereby provides for the establishment of a list of persons who are to be excluded or ejected from licensed gaming establishments that conduct pari-mutuel wagering or operate any horse race book, sports pool or games, other than slot machines only.
2. The criteria applied by the board and commission for inclusion of a person upon such list are those set forth in NRS 463.151(3), any one of which is sufficient for inclusion.
3. Evidence of notorious or unsavory reputation, as that term is used in NRS 463.151(3), may be established by identification of a person's criminal activities in published reports of various federal and state legislative executive bodies that have inquired into various aspects of criminal activities including but not limited to the following:
(a) California Crime Commission;
(b) Chicago Crime Commission;
(c) McClellan Committee (Senate Subcommittee on Investigation);
(d) New York Waterfront Commission;
(e) Pennsylvania Crime Commission Report;
(f) Senate Permanent Subcommittee on Investigations;
(g) State of Colorado Organized Crime Strike Force;
(h) President's Commission on Organized Crime.
28.020 Definitions.
28.030 Entry of names.
28.040 Distribution and contents of the list.
1. The list shall be open to public inspection and shall be distributed to:
(a) Every licensed gaming establishment within the state that conducts pari-mutuel wagering or operates any game;
(b) Law enforcement agencies situated in the State of Nevada.
2. The following information and data shall be provided for each excluded person:
(a) The full name and all aliases the person is believed to have used;
(b) Description of the person's physical appearance, including height, weight, type of build, color of hair and eyes, and any other physical characteristics which may assist in the identification of the person;
(c) Date of birth;
(d) The effective date the person's name was placed on the list;
(e) A photograph and the date thereof.
3. The list shall contain the names of those persons now living who have been previously listed in that certain list promulgated on the 13th day of June, 1960, by the Nevada gaming commission. Such inclusion shall be made without the necessity of notice and hearing as provided for in sections 28.060 and 28.070 of these regulations.
28.060 Notice of candidacy.
28.070 Hearing.
28.080 Petition to remove from the list.
28.090 Duty of licensee to exclude.
1. The area within a licensed gaming establishment that conducts pari-mutuel wagering or operates any horse race book, sports pool or games, other than slot machines only, from which an excluded person is to be excluded is every portion of said gaming establishment including but not limited to the casino, rooms, theater, bar, pool, lounge, showroom and all other related facilities of said gaming establishment.
2. Whenever an excluded person enters or attempts to enter or is upon the premises of a licensed gaming establishment that conducts pari-mutuel wagering or operates any horse race book, sports pool or games, other than slot machines only, and is recognized by the licensee, its agents or employees, then the licensee and its agents or employees must do the following:
(a) Immediately notify the board of the presence of the excluded person in any area of the gaming establishment;
(b) Request such excluded person to not enter or if on the premises to immediately leave;
(c) Notify the appropriate local law enforcement agency and the board if such excluded person fails to comply with the request of the licensee, its agents or employees.
3. Failure to request such excluded person to leave or to prohibit entry of such person upon its premises in a timely fashion or failure to properly notify the board of the presence of such excluded person is an unsuitable method of operation.
4. Catering to any excluded person, including the granting of complimentary room, food or beverage or the issuance of credit to any such person, by any licensed gaming establishment is an unsuitable method of operation.
(Amended: 9/84)