Sec. 36.03.07.08. Facility Exclusion Plan  


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  • A. A facility operator shall establish a plan for identifying and:

    (1) Excluding or ejecting from a facility:

    (a) Excluded individuals; and

    (b) Individuals who may be eligible for placement on the mandatory exclusion list; and

    (2) Ensuring that intoxicated individuals and individuals under the age of 21 are not allowed:

    (a) To play video lottery terminals; and

    (b) In areas of the video lottery facility where video lottery terminals or table games are located.

    B. The plan required under §A of this regulation shall include at least the following elements:

    (1) Goals;

    (2) Procedures and deadlines for implementation;

    (3) Identification of facility personnel responsible for implementation;

    (4) Responsibilities of facility personnel identified as responsible for implementation;

    (5) Training for facility personnel on the requirements of this chapter;

    (6) Regular monitoring of the mandatory exclusion list;

    (7) Prompt reports to the Commission about the presence on facility premises of an individual who:

    (a) Is included on the mandatory exclusion list; and

    (b) Is required to be prevented from playing video lottery terminals or table games;

    (8) Prompt reports to the Commission about an individual who is permanently excluded from the facility;

    (9) The facility’s response to the discovery of an individual who is on the mandatory exclusion list on facility property, which may include pursuing criminal charges against the individual; and

    (10) Any other element required by the Commission.

    C. A facility operator shall submit to the Commission for its approval:

    (1) The exclusion plan required under §A of this regulation at least 60 days before video lottery terminal operations are to commence;

    (2) Any amendments to a facility’s exclusion plan prior to implementation; and

    (3) An annual report describing the operation of the facility’s exclusion plan.