(1) The general assembly hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments is necessary to carry out the policies of this article 30 and to maintain effectively the strict regulation of licensed gaming.
(2) The commission may by rule provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment, including any person whose presence in the establishment is determined to pose a threat to the interest of the state of Colorado or to licensed gaming, or both. In making the determination for exclusion, the commission may consider any of the following:
Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violationof the gaming laws of any state, the United States, or any of its possessions or territories, including Indian tribes;
A violation, attempt to violate, or conspiracy to violate the provisions of this article30 relating to the failure to disclose an interest in a gaming establishment for which the person must obtain a license or make disclosures to the commission, or intentional evasion of fees or taxes;
A reputation that would adversely affect public confidence and trust that the gamingindustry is free from criminal or corruptive influences;
Prior exclusion or ejection under the gaming rules of any other state, the UnitedStates, any of its possessions or territories, or an Indian tribe that regulates gaming;
Career or professional offenders or associates of career or professional offenders, andany others as defined by rule of the commission.
(3) If the name and description of any person is placed on the exclusion list, the commission shall serve notice of that action upon the person by at least one of the following means:
By personal service;
By certified mail to the last-known address of the person; or
By publication in one or more official newspapers in Teller and Gilpin Counties,Colorado. A person placed upon the exclusion list may contest that action by filing a written protest with the commission, and the protest shall be heard by the commission as a contested case.
(4) The commission may impose sanctions upon any licensee in accordance with the provisions of this article 30 if the licensee fails to exclude or eject from the licensed premises any person placed by the commission on the list of persons to be excluded or ejected from licensed gaming establishments, which sanctions may include, but not be limited to, suspension, revocation, limitation, modification, denial, or restriction of any license.
Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 220, § 2, effective October 1.
Editor's note: This section is similar to former § 12-47.1-1001 as it existed prior to 2018.