§27.2. Board designated excluded persons

            A. The board shall adopt rules to provide for the establishment of a list of persons who are to be excluded from any room, premises, or designated gaming area of any establishment where gaming is conducted pursuant to a license or contract issued pursuant to the provisions of this Title. The rules shall define the standards for exclusion and include standards relating to the following persons:

            (1) Those who are career or professional offenders as defined by the rules of the board.

            (2) Those who have been convicted of a criminal offense as specified by the board.

            (3)(a) Those whose presence in a gaming establishment operated by a licensee or the casino operator would be adverse to the interests of Louisiana or gaming operations. For purposes of this Paragraph, the following persons may be excluded:

            (i) Persons suspected of cheating.

            (ii) Persons whose gaming privileges, permits, or licenses have been suspended, revoked, or denied.

            (iii) Persons who pose a threat to the safety of the patrons or employees of the casino operator or casino manager or any casino gaming licensee.

            (iv) Persons with a documented history of conduct involving the disruption of the gaming operations in any jurisdiction.

            (v) Persons subject to an order of a Louisiana court excluding such persons from any gaming establishment.

            (vi) Persons with pending charges for a gaming or gambling crime or a crime related to the integrity of gaming operations.

            (b) A person may not be excluded from a gaming establishment operated by a licensee or the casino operator for reasons based solely on the skill level of the person.

            B. The board and the division shall have the authority to place persons on the excluded list. The board or division may not place a person on the list required by this Section due to the person's race, color, creed, national origin, sex, or disability, as defined in R.S. 51:2232.

            C. Whenever the name and description of any person is placed on an excluded person's list pursuant to this Title, except at that person's request, the division shall serve notice of such fact to such person by either of the following:

            (1) By personal service.

            (2) By certified mail to the last known address of such person.

            D. A person may petition the board for removal of his name from the list. The petitioner has the burden of proving he does not meet the criteria of Paragraph (A)(1), (2), or (3) of this Section.

            E. Any person who has been placed on the list of persons to be excluded or ejected from any gaming establishment pursuant to this Title may be imprisoned for up to six months or fined not more than five hundred dollars, or both if he thereafter enters or attempts to enter the premises of a gaming establishment without first having obtained a determination by the board that he should not have been placed on the list of persons to be excluded or ejected.

            F.(1) The board may impose sanctions on a licensee, permittee, or casino gaming operator under this Title, if the licensee, permittee, or casino gaming operator willfully fails to exclude from the licensed gaming establishment a person placed on the exclusion list.

            (2) The board may seek revocation or suspension of a license, permit, or casino operating contract if the licensee, permittee, or casino gaming operator engages in a pattern of willful failure to exclude from the licensed gaming establishment persons placed on the exclusion list.

            G.(1) A person who is placed on the list is entitled to a hearing for review of the listing, unless otherwise agreed by the board or division and the named person, the hearing shall be held by the hearing officer in accordance with R.S. 27:25 not later than thirty days after the receipt of the petition.

            (2) If upon completion of the hearing, the hearing officer determines that the rule does not or should not apply to the person listed, the division shall notify all licensees, casino gaming operator, and permittees of the determination.

            H. The provisions of this Section shall not apply to persons licensed pursuant to the provisions of the Video Draw Poker Devices Control Law as provided in Chapter 8 of this Title.

            Acts 2001, No. 1124, §1; Acts 2018, No. 451, §1.