N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 1345
Excluded person

  • forfeiture of winnings
  • other sanctions

1.

A person who is prohibited from gaming in a licensed gaming facility by any order of the executive director, commission or court of competent jurisdiction, including any person on the self-exclusion list pursuant to subdivision one of § 1344 (List of persons self-excluded from gaming activities)section one thousand three hundred forty-four of this title, shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity.

2.

For the purposes of this section, any gaming activity in a licensed gaming facility that results in a prohibited person obtaining any money or thing of value from, or being owed any money or thing of value by, the gaming facility shall be considered, solely for purposes of this section, to be a fully executed gambling transaction.

3.

In addition to any other penalty provided by law, any money or thing of value which has been obtained by, or is owed to, any prohibited person by a licensed gaming facility as a result of wagers made by a prohibited person shall be subject to forfeiture following notice to the prohibited person and opportunity to be heard. A licensed gaming facility shall inform a prohibited person of the availability of such notice on the commission’s website when ejecting the prohibited person and seizing any chips, vouchers or other representative of money owed by a gaming facility to the prohibited person as authorized by this subdivision. All forfeited amounts shall be deposited into the commercial gaming revenue fund.

4.

In any proceeding brought by the commission against a licensee or registrant for a willful violation of the commission’s self-exclusion regulations, the commission may order, in addition to any other sanction authorized, an additional fine of double the amount of any money or thing of value obtained by the licensee or registrant from any self-excluded person. Any money or thing of value so forfeited shall be disposed of in the same manner as any money or thing of value forfeited pursuant to subdivision three of this section.

Source: Section 1345 — Excluded person; forfeiture of winnings; other sanctions, https://www.­nysenate.­gov/legislation/laws/PML/1345 (updated Oct. 16, 2020; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Oct. 16, 2020

§ 1345’s source at nysenate​.gov

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