Gaming by certain persons prohibited; penalties; defenses

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  • (a) No person under the age of 21 shall enter, or wager in a licensed casino or simulcasting facility; provided however, that such a person may enter a casino or simulcasting facility by a way of passage to another room and provided further, however, that any such person who is licensed or registered under the provisions of this chapter may enter a casino or simulcasting facility in the regular course of the person.

  • (b) Any licensee or employee of a casino or other person or any licensed or unlicensed gambling operation except such persons and organizations licensed by the Horse Racing Commission who allows a person under the age of 21 to enter into, to remain, or wager in a casino or to gamble in any commercial establishment or other place where organized gambling is being conducted, whether, licensed or unlicensed or in a gambling enterprise of any description is guilty of a misdemeanor and subject to imprisonment of not more than six (6) months or a fine of not more than $25,000.00 except that the establishment of all the following facts by a person, organization licensee or employee allowing any such underage person to remain shall constitute a defense to any prosecution thereof:

    • (1) That the underage person falsely represented in writing that he or she was at or over the age of 21.

    • (2) That the appearance of the underage person was such that an ordinary prudent person would believe him or her to be at or over the age of 21.

    • (3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually at or over the age of 21.


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