N.J. Admin. Code § 13:69G-3.2 - Prohibited person; forfeiture of winnings
(a) If a
casino licensee detects, or is notified of, the presence of a patron suspected
of being a prohibited person, who had engaged or is engaging in gaming
activity, such casino licensee shall verify, using reasonable measures, that
the patron is a prohibited person and the basis for the person's prohibition.
If the person is unable to establish that he or she is not underage, the person
shall be presumed to be a prohibited person for the purposes of this
section.
(b) Upon verification of a
prohibited status, the casino licensee shall:
1. Remove the prohibited person from the
gaming floor or immediately prohibit access to the person's Internet gaming
account, as applicable;
2. Seize
from such person any winnings or things of value obtained from engaging in a
gaming transaction as follows:
i. Confiscate
all gaming chips, gaming plaques, slot machine tokens and gaming
vouchers;
ii. Process any slot
machine jackpot obtained by the prohibited person pursuant to
13:69D-1.40 through 1.40F,
depending upon the type of jackpot obtained;
iii. Cash out any cashable credits remaining
on a slot machine credit meter or automated table game credit meter and
confiscate the gaming voucher that is issued as payment thereof; and
iv. Obtain control and physical possession of
any other form of winnings or things of value not specifically enumerated and
obtained by or owed to the prohibited person as a result of engaging in any
type of gaming transaction; and
3. Deliver any winnings or things of value
obtained from a prohibited person pursuant to (b)2 above to the cashiers' cage,
where they shall be converted into cash, maintained separately and designated
as funds that are subject to forfeiture.
(c) A casino licensee shall prepare a
multipart form known as a Payout Receipt and Notice of Forfeiture, which shall
include, without limitation, the information in (c)1 through 6 below. The
Payout Receipt and Notice of Forfeiture shall be signed and attested to by: the
prohibited person, unless the person refuses to sign or is unknown; the casino
employee delivering the winnings or things of value to the cashiers' cage; and
the cashiers' cage employee who received the winnings or things of value. For
Internet or mobile gaming, a casino licensee shall issue a Payout Receipt and
Notice of Forfeiture to the patron via electronic or regular mail.
1. The total value and a detailed description
of winnings or things of value that were seized;
2. The date of the incident;
3. The name of the prohibited person, if
known, and basis for determining the person is a prohibited person;
4. The street and mailing address of the
prohibited person, if known, at which he or she may be noticed regarding any
future proceedings;
5. The location
(table type and number, slot machine asset number, keno window, etc.) where the
prohibited person was engaged in a gaming transaction or identification of
Internet or mobile wagering session; and
6. Notice to the prohibited person that a
proceeding may be brought by the Division seeking forfeiture of the winnings or
things of value seized, that he or she has the right to be heard in any such
proceeding and that failure to respond to a forfeiture complaint will result in
the waiver of their right to be heard.
(d) The original Payout Receipt and Notice of
Forfeiture prepared and signed as required in (c) above shall be maintained in
the cashiers' cage. Copies of the document shall be provided to the prohibited
person, the casino accounting department and filed with the Division, which
filing may be made electronically.
(e) All funds maintained separately and
designated as subject to forfeiture shall be held by the casino licensee until
further order of the Division or upon notice from the Division that they may be
released.
(f) Pursuant to
5:12-71.3, any things of value
seized from a prohibited person shall be subject to forfeiture on complaint of
the Division, following notice to the prohibited person and an opportunity to
be heard. A failure to respond to a forfeiture complaint will result in the
waiver of their right to be heard.
(g) The internal controls of a casino
licensee shall contain procedures for processing any winnings or things of
value confiscated or withheld from a prohibited person as if the winnings or
things of value were paid and reported in accordance with normal procedures
applicable to such payouts. Such procedures shall include, however, such
modification to forms or additional documentation as is necessary to record and
report the payout as a payout confiscated or withheld from a prohibited person.
This documentation shall be compared by the casino accounting department at the
end of the gaming day to the copy of the Payout Receipt and Notice of
Forfeiture. Any winnings or things of value confiscated or withheld from a
prohibited person that are paid and reported in accordance with the normal
procedures applicable to such payouts, as modified in this section, shall be
deducted in the calculation of gross revenue as if the winnings or things of
value were actually paid to the prohibited person.
(h) The Division may file a complaint
requesting forfeiture of the winnings or things of value and shall notice the
prohibited person via personal service or regular mail sent to the address
contained on the Payout Receipt and Notice of Forfeiture form of the forfeiture
complaint and the prohibited person's right to a hearing.
(i) If the prohibited person wishes to
contest the forfeiture complaint, the person shall request a hearing in writing
with the Division within 15 days of the date of the notice of the forfeiture
complaint. If no response is filed by the prohibited person within 15 days of
the date of the notice of the forfeiture complaint, the winnings or things of
value shall be ordered forfeited and shall be disposed of pursuant to
5:12-71.3.
(j) If an online gaming operator or online
sports wagering operator fails to notify the Division that a patron has
self-excluded, that operator shall be subject to a civil penalty. Such penalty
shall include any money or funds won by any other casino, a sports book
operator, online gaming operator, or online sports wagering operator from a
prohibited person. A casino, sports book operator, online gaming operator, or
online sports wagering operator may contest the Division's notice within 10
days of receipt. If the amount is not contested, the Division shall issue an
invoice for the amount to be paid to the Casino Revenue Fund.
Notes
See: 45 N.J.R. 1355(a), 45 N.J.R. 2336(a).
In (b)1, inserted "or immediately prohibit access to the person's Internet gaming account"; in the introductory paragraph of (c), inserted the last sentence; and in (c)5, inserted "or identification of Internet or mobile wagering session".
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