Ohio Admin. Code 3775-1-09 - Sports gaming involuntary exclusion list

(A) The "sports gaming involuntary exclusion list" consists of the names and other identifying or descriptive information of those individuals who meet the criteria under Chapter 3772. of the Revised Code and this rule and have been placed on the list in accordance with section 3772.031, 3772.04, or 3775.13 of the Revised Code. This rule does not govern the Ohio VEP, as described in Chapter 3772-12 of the Administrative Code, or any exclusion required by division (F) of section 3775.13 of the Revised Code.

(B) An individual on the sports gaming involuntary exclusion list is prohibited from entering a sports gaming facility or the grounds of a sports gaming facility or from participating in the play or operation of sports gaming in this state.

(C) Each sports gaming proprietor must employ commercially reasonable methods to:

(1) Exclude any individual on the sports gaming involuntary exclusion list from entering their Ohio sports gaming facility; and

(2) Prevent such individual from engaging in sports gaming conducted by the sports gaming proprietor in Ohio.

(D) Each sports gaming proprietor must notify the commission, on a monthly basis, if an individual on the involuntary exclusion list has entered the sports gaming facility or has engaged in sports gaming conducted by the sports gaming proprietor in Ohio.

(E) This rule does not preclude a sports gaming proprietor from ejecting any individual from its sports gaming facility or from otherwise prohibiting an individual from engaging in sports gaming offered by the sports gaming proprietor for any lawful reason. The sports gaming proprietor may request that the commission place an ejected individual on the sports gaming involuntary exclusion list, but the decision to initiate an involuntary exclusion proceeding or to place an individual on the sports gaming involuntary exclusion list rests solely with the commission.

(F) As required by division (B)(2) of section 3775.13 of the Revised Code, a sports gaming proprietor must notify the commission if the sports gaming proprietor excludes an individual because the sports gaming proprietor determines that the individual engaged or attempted to engage in any sports gaming related activity that is prohibited under Chapter 3775. of the Revised Code and the rules adopted thereunder. This report can be combined with any report the sports gaming proprietor files under paragraph (D) of this rule.

Notes

Ohio Admin. Code 3775-1-09

Effective: 8/15/2022
Five Year Review (FYR) Dates: 08/15/2027
Promulgated Under: 119.03
Statutory Authority: 3772.031, 3775.02
Rule Amplifies: 3772.031, 3772.04, 3775.13