The Commission shall, in accordance with the procedure described in §
8.5-27, develop and adopt tribal minimum internal control standards (TMICS) applicable to gaming operations. The TMICS shall meet or exceed the minimum internal control standards (MICS) prescribed by the NIGC, provided that the TMICS may differ from the MICS with respect to standards that the Commission determines impose an excessive burden on the gaming operation without fulfilling a valid regulatory purpose. In adopting any standard under the TMICS that differs from a standard under the MICS, the Commission shall in each such instance establish and maintain full, effective and reasonable regulatory controls over the gaming operation. Until such time as the Commission promulgates TMICS through the process prescribed under §
8.5-27, the NIGC MICS in effect as of the effective date of this chapter shall be the applicable TMICS.
A licensed gaming establishment may accept internet gaming account
wagers placed by an authorized participant only as follows:
A. The account wager is placed directly with the gaming establishment
by the holder of the wagering account and the gaming establishment's
internet gaming platform has verified that:
(1)
The account holder is physically present within the boundaries
of the NHBP Reservation or other lands held in trust for the Tribe
and the wager was:
(a)
Initiated, received or otherwise made in compliance with federal
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.), the Interstate Horseracing act of 1978 (15 U.S.C. 3001 et seq),
and the Gambling Devices Transportation Act (15 U.S.C. 1171 et seq);
and
(b)
The wager is placed on a Class II game or, if the wager was
placed on any Class III game, that the wager was placed on a Class
III game that is authorized under the Tribal-State Compact; or
(2)
The account holder is physically present within the boundaries
of the Reservation of another federally recognized Indian tribe and
the wager was:
(a)
Authorized by an approved ordinance or resolution of the Tribe
on whose reservation the account holder is physically located and,
if the wager was placed on any Class II or Class III game, was:
[1] Placed on a Class II game or a Class III game that
is authorized under the Tribal-State Compact in effect for such other
Indian tribe with the state in which such tribe's reservation
is located; and
[2] Is placed in compliance with the requirements of
any state law in such state which authorizes the placement of internet
wagers; and
[3] Is otherwise initiated, received or otherwise made
in compliance with federal law, including the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.), the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq), and the Gambling Devices Transportation Act
(15 U.S.C. 1171 et seq); or
(3)
The account holder is physically present within the State of
Michigan outside of Indian lands; and
(a)
The wager was placed in compliance with the requirements of
either the Lawful Sports Betting Act for any internet sports betting
wager or the Lawful Internet Gaming Act for any other internet wager,
and any applicable regulations, which authorize and govern the placement
of such internet wagers; and
(b)
Is otherwise initiated, received or otherwise made in compliance
with federal law; and
(c)
The wager is placed on a Class II game or a Class III game that
is authorized under the Tribal-State Compact in effect; or
(4)
The account holder is physically present within the boundaries
of any other state; and
(a)
The wager was placed in compliance with the requirements of
any reciprocal agreement between the State of Michigan and such other
state; and
(b)
Is otherwise initiated or placed in compliance with the requirements
of either the Lawful Sports Betting Act for any internet sports betting
wager or the Lawful Internet Gaming Act for any other internet wager,
and any applicable regulations, which authorize and govern the placement
of such internet wagers; and
(c)
Is otherwise initiated, received or otherwise made in compliance
with federal law, including the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.), the Interstate Horseracing Act of 1978 (15 U.S.C. 3001
et seq), and the Gambling Devices Transportation Act (15 U.S.C. 1171
et seq); and
(d)
The wager is placed on a Class II game or on a Class III game
that is authorized under the Tribal-State Compact in effect between
the Tribe and the State of Michigan.
B. The account holder placing the wager has provided the gaming facility with the correct authentication information required under §
8.5-85.2 to permit the account holder to gain access to the wagering account; and
C. The gaming operation has verified that the account holder has not
sought to place an account wager(s) in excess of the amount of funds
on deposit in the wagering account of the holder placing the wager.
Funds on deposit include amounts credited to the account holder's
account under applicable regulations and operation procedures of the
gaming operation and in the account at the time the wager is placed.
A. No software, computer or other gaming equipment shall be used to
conduct internet gaming unless it has been tested and approved by
an independent testing laboratory approved by the Gaming Agency. The
Gaming Agency shall refer testing to any nationally recognized testing
laboratory approved to test gaming software, computers or other gaming
equipment and systems by the State of Michigan. The Gaming Agency
shall give priority to the testing of software, computers or other
gaming equipment which a gaming establishment has certified it will
use to conduct internet gaming. The Gaming Commission may, by regulation,
establish such technical standards for approval of software, computers
and other gaming equipment used to conduct internet gaming, including
mechanical, electrical or program reliability, security against tampering,
the comprehensibility of wagering, and noise and light levels, as
it may deem necessary to protect the player from fraud or deception
and to insure the integrity of gaming. When appropriate or required
by the Gaming Agency, the gaming establishment shall set the denominations
of internet games and shall simultaneously notify the Gaming Agency
of the settings.
B. No software, computer or other gaming equipment shall be used to conduct internet gaming unless it is able to verify that an authorized participant placing a wager is physically present on the Reservation or in another approved jurisdiction from which internet wagers may be accepted as prescribed in §
8.5-85.1. The Gaming Agency shall require that the software, computer hardware or other equipment used by the gaming establishment to conduct internet gaming is, in fact, verifying every authorized participant's physical presence on the Reservation or any other approved jurisdiction each time an authorized participant logs onto a new playing session.
C. Software, computer or other gaming equipment used to conduct internet
gaming provide for the security and effective administration of such
games, including but not limited to:
(1)
Notify players of the type, number, payout, wagering limits,
and rules for each internet game;
(2)
Include procedures and controls for the creation and utilization
of internet wagering accounts by authorized participants, which ensure
that such accounts shall be possessed only by a natural person who
is not less than twenty-one (21) years of age, and not in the name
of any beneficiary, custodian, joint trust, corporation, partnership
or other organization or entity, and provided that such accounts shall
not be assignable or otherwise transferable;
(3)
Include procedures for logging into internet wagering accounts
by which authorized participants authenticate their identity, agree
to the terms, conditions and rules applicable to such games and, logging
out, including procedures for automatically logging off persons from
the internet gaming site after a specified period of inactivity;
(4)
Procedures for acquiring funds in an internet wagering account by cash transfer or other means, the withdrawal of such funds from such accounts, the suspension of internet gaming activity for security reasons, the termination of an authorized participant's internet wagering accounts and disposition of proceeds therein, and the disposition of unclaimed amounts in dormant internet wagering accounts pursuant to §
8.5-96;
(5)
Mechanisms by which the Gaming Commission, the gaming establishment
or authorized participants may place limits on the amount of money
being wagered per game or during any specified time period, or the
amount of losses incurred during any specified time period;
(6)
Mechanisms to exclude persons not eligible to participate in gaming, including internet gaming, from establishing or accessing his/her wagering account, or from placing wagers through an internet gaming wagering account by reason of inclusion on a list of self-excluded persons maintained by the Gaming Commission or the Michigan Gaming Control Board, or inclusion by the Gaming Commission on a list of excluded persons pursuant to §
8.5-98 of this Chapter; and
(7)
Procedures for the security and reliability of internet games
and authorized participants' internet wagering accounts, protection
of the software, computers and other equipment used in connection
with internet Gaming, and mechanisms to prevent tampering or utilization
by unauthorized persons.
The gaming establishment shall require the gaming vendor providing
its internet gaming platform to display, on the internet gaming platform
used by the gaming establishment, in a clear, conspicuous, and accessible
manner evidence of the gaming establishment's internet gaming
license(s) or permits authorizing the gaming establishment to conduct
internet gaming. The Gaming Facility shall require the gaming vendor
providing its internet gaming platform to display, on the internet
gaming platform used by the gaming establishment, in a clear, conspicuous,
and accessible manner the number of the toll-free compulsive gambling
hotline maintained by the State of Michigan and offer responsible
gambling services and technical controls to authorized participants,
consisting of both temporary and permanent self-exclusion for all
internet games offered and the ability for authorized participants
to establish their own periodic deposit and internet wagering limits
and maximum playing times.
Each gaming operation shall be required to develop a system
of internal control standards (SICS) designed to assure compliance
with the TMICS. Such SICS shall be presented for approval by the Commission.
Any changes in the SICS shall be presented to the Commission for approval
prior to implementing such amended SICS.
The Commission shall promulgate regulations governing the control
of internal fiscal affairs of all gaming operations. At a minimum,
such regulations shall require the consistent application of generally
accepted accounting principles and shall:
A. Prescribe minimum procedures for the safeguarding of a gaming operation's
assets and revenues, including the recording of cash receipts and
evidence of indebtedness and mandatory count procedures. Such regulations
shall establish a controlled environment, accounting system, and control
procedures that safeguard the assets of the gaming operation, assure
that operating transactions are properly recorded, promote operational
efficiency, and encourage adherence to prescribed policies;
B. Prescribe minimum reporting requirements to the Commission;
C. Provide for the adoption and use of internal audits conducted in
accordance with generally accepted auditing standards by internal
auditors licensed or certified to perform audit examinations in the
State of Michigan;
D. Formulate a uniform code of accounts and accounting classifications
to assure the consistency, comparability and effective disclosure
of financial information. Such a code shall require that records be
retained that reflect statistical drop, statistical win, and the percentage
of statistical win to statistical drop, or provide similar information
for each type of game in each gaming establishment;
E. Require gaming operations to maintain accounting records which meet
the requirements prescribed in Subsection 4(H) of the Compact;
F. Prescribe the intervals and circumstances for the gaming operation
to furnish financial and accounting information to the Commission,
the NIGC or other entity entitled to such information under applicable
law;
G. Provide for the maintenance of documentation (e.g., checklists, programs,
reports, etc.), to record all efforts by the gaming operation as it
relates to the requirements of this section; and
H. Provide that all financial statements and documentation referred
to in this section be maintained for a minimum of five (5) years.
The Gaming Agency shall require independent financial audits
of all gaming operations on an annual basis. Such independent audits
must apply and require the consistent application of generally accepted
accounting principles, and shall:
A. Be conducted by independent accountants, knowledgeable in casino
audits and operations and licensed or certified to practice public
accounting in the State of Michigan;
B. Include an opinion, qualified or unqualified, or if appropriate,
disclaim an opinion, on the financial statements taken as a whole
in accordance with standards of the accounting profession established
by the rules and regulations of the Michigan State Council of Accountancy
and the American Institute of Certified Public Accountants;
C. Disclose whether the accounts, records and control procedures maintained
by the gaming operation conform with this chapter, the regulations
and the Compact; and
D. Perform the agreed-upon procedures to verify that the gaming operation
is in compliance with the minimum internal control standards required
by 25 C.F.R. § 542.3 to provide a review of the internal
financial controls of the audited gaming operation and disclose any
deviation from the requirements of this chapter and the regulations
and report such findings to the Gaming Agency, the Commission and
the management of the audited gaming operations.
A. The distribution of complimentary items shall be governed by regulations
established by the Commission.
B. No key employee, primary management official, Tribal Council member,
Commissioner, or any person who shares a residence with or is an immediate
family member of such person, shall be given or accept complimentary
items, unless offered to the general public.
C. Complimentary items shall be included in the annual budget for the
gaming operation.
All gaming devices and gaming software purchased, leased or
otherwise acquired by the gaming operation must meet the technical
equipment standards set forth in Section 6 of the Compact and as may
be prescribed in the regulations and other applicable law. The Commission
shall maintain a complete list of all gaming devices (whether or not
such devices are in use) and gaming software used to conduct gaming
in such devices located at any gaming establishment or otherwise in
the possession of the gaming operation.
Except as expressly permitted by the Gaming Agency or Commission
regulation, no person shall possess, with the intent to use in connection
with gaming, either individually or in concert with others, any calculator,
computer or other electronic, electromechanical or mechanical device
to assist in projecting the outcome or odds of any game, to keep track
of or analyze cards, or to change probabilities of any game or any
playing strategies that may be employed with regard to a game.
Any licensee who shall, in the opinion of the Gaming Agency,
having lawful custody of or access to gaming operation property, appropriate
or attempt to appropriate the same to his or her own use, with intent
to deprive the gaming operation thereof, or who unlawfully or improperly
diverts or attempts to divert gaming or other revenue properly belonging
to a gaming operation, shall constitute grounds for taking administrative
sanctions against that licensee. If the Gaming Agency finds that an
embezzlement was attempted or occurred, it may pursue administrative
sanctions against the licensee, report the matter to appropriate law
enforcement authorities and other gaming regulatory agencies for further
action, and take such other action as it deems necessary or appropriate.
Administrative sanctions against the licensee may include the imposition
of fines and the revocation, suspension or limitation of, or refusal
to renew, a license issued by the Gaming Agency.
Each gaming establishment must provide for full security and
surveillance throughout the gaming establishment at all times which
meet or exceed the requirements for such systems established in the
TMICS. All security and surveillance personnel in a gaming establishment
must be licensed by the Gaming Agency. The security and surveillance
sectors of any gaming operation shall coordinate their activities
and cooperate with each other as necessary to carry out their official
duties and to provide ample protection for all persons and property
involved with each gaming operation. The structure and reporting requirements
for surveillance functions in any gaming establishment shall be structured
and operated in a manner which ensures the protection of tribal assets
and the integrity of gaming operations. The TMICS applicable to security
and surveillance activities in any gaming operation shall prescribe
reporting requirements with regard to the types of conduct and activities
that may be observed in a gaming establishment, including, at a minimum,
conduct or activities by any person, including any failure to act
when required to do so, that violates or is not in compliance with:
A. Applicable criminal law shall be promptly reported to the tribal
police; and
B. This chapter, the regulations, other applicable law, or the Compact
shall be promptly reported to the Gaming Agency's Investigations
Department.
A. A person may not carry a firearm or other weapon, as described in §
8.6-28 of Chapter
8.6, Criminal Laws, of the Tribe's Code, in a gaming establishment, except for the following persons with valid authorization under law:
(1) Tribal law enforcement officials;
(2) Federal law enforcement officers, as defined in 5 U.S.C. § 8331;
(3) State, county or township law enforcement officers, as defined in
Section 2 of Michigan Public Act 203 of 1965, as amended, to the extent
and under circumstances duly authorized by written agreements approved
by the Tribal Council; and
(4) Armored car personnel picking up or delivering currency at secured
areas.
B. Law enforcement officers conducting official duties within a gaming
establishment shall, to the extent practicable, advise tribal police
and the Gaming Agency, or its agents, of their presence.
Every gaming establishment shall be constructed, maintained
and operated in a manner that adequately protects the environment,
public health and safety, and complies with all applicable tribal
laws and applicable federal laws relating to environmental protection
and public health and safety. Evidence that a gaming establishment
is in compliance with this section shall address the following requirements
under applicable law:
A. Emergency preparedness, including without limitation the availability
of medical, fire and emergency services and evacuation plans for each
gaming establishment;
C. Building construction and maintenance;
D. The handling and storing of hazardous and toxic materials; and
E. Sanitation and waste disposal.
A. Any winnings, whether property or cash, which are due and payable
to a participant in any gaming activity, and which remain unclaimed,
shall be held in safekeeping for the benefit of such participant if
his or her identity is known. Such winnings shall be held for thirty-six
(36) months or such longer period as determined by Commission regulation,
or other applicable Tribal statute. The Gaming Agency shall make,
or require the gaming operation to make, such efforts as are reasonable
under the circumstances to locate such participant. At the end of
the safekeeping period, such winnings shall revert to the ownership
of the gaming operation and shall be transferred to the account or
place designated by the gaming operation.
B. In the event the identity of a participant entitled to unclaimed winnings is unknown, the Gaming Agency shall use, or require the gaming operation to use, its best efforts to learn the identity of such individual and shall follow the procedure set forth in §
8.5-97 if the Gaming Agency is able to identify such individual with reasonable certainty; provided, however, if after thirty-six (36) months from the time the winnings were payable, the Gaming Agency has been unable to identify the individual entitled thereto, such winnings shall revert to the ownership of the gaming operation.
Disputes between a patron and a gaming operation shall be resolved
as follows:
A. The gaming operation shall develop written procedures and designate
key employees and primary management officials who are authorized
to address and resolve complaints by or disputes with patrons. The
gaming operation shall provide a copy of the approved procedures to
the Gaming Agency and shall promptly provide the Gaming Agency with
any amendments thereto.
B. At a minimum, such procedures shall provide patrons with the opportunity
to present complaints, verbally or in writing, to the person(s) designated
by the gaming operation to resolve complaints by patrons.
C. If the complaint involves a dispute regarding at least $500 or an equivalent value in disputed gambling winnings, goods or services, and the dispute could not be resolved under the internal procedures described in Subsection
A to the satisfaction of the patron, the employee(s) of the gaming operation who are designated to resolve complaints shall inform the patron that he/she may file a written complaint with the Gaming Agency. The Gaming Agency's representative shall provide the patron with a complaint form to furnish the Gaming Agency with sufficient information to conduct an investigation.
D. The Commission shall have a process in place, through regulations, to review and, if necessary, hold hearings under the procedures described in Article
X to resolve patron complaints.
E. The Commission's resolution of a patron complaint shall be final
and shall not be subject to further appeal.
A. Exclusion list; creation; effect. Subject to the requirements of
this section, the Gaming Agency shall establish and maintain an exclusion
list. The exclusion list shall include the names of all natural persons
that the Commission has determined will not under any circumstances
be allowed to enter any gaming establishment and/or who may be prohibited
from participating in any Class II or Class III gaming, which may
include participation in internet wagering offered by the gaming establishment.
B. Information to be included on the exclusion list. The following information,
to the extent known, shall be provided for each excluded person:
(1) Full name, date of birth, and all aliases;
(3) The effective date the person's name was placed on the list;
(4) A photograph, if available;
(5) The person's occupation and his current home and business address;
(6) The specific reason for exclusion;
(7) The date, if any, the exclusion will expire; and
(8) Such other information as may be deemed necessary by the Gaming Agency
or as set forth in Commission regulations.
C. Criteria for exclusion or ejection and placement on an exclusion list. The Gaming Agency may on its own initiative or at the request of an authorized representative of the gaming establishment and, subject to the hearing procedures described in Article
X, place a person on the exclusion list, if:
(1) Such person has been convicted of, or pled guilty or nolo contendere
to, any felony, any gaming-related crime or any other crime involving
dishonesty, including without limitation theft, robbery, burglary,
embezzlement or a conspiracy to commit or be an accessory to any such
crime;
(2) Such person has violated or conspired to violate any provisions of
this chapter, the Indian Gaming Regulatory Act, the Compact or other
applicable law;
(3) Such person has a notorious or unsavory reputation that would likely
undermine public confidence and trust in the integrity of gaming.
Descriptions or examples of the types of conduct, habits, and associations
that would produce such a reputation shall be included in the regulations;
(4) The person's name appears on any valid and current exclusion
list from another jurisdiction, and the reason for such person's
exclusion in the other jurisdiction would also be likely to result
in exclusion from gaming establishments located within the Commission's
jurisdiction;
(5) Due to a demonstrable gambling problem, the person provides a written
and signed request to be excluded, with sufficient information to
allow the Gaming Agency to positively identify the person; or
(6) The person has been denied any form of license by the Gaming Agency
or has had a license revoked or not renewed by the Gaming Agency.
D. Procedure for entry of names.
(1) Consistent with its obligations under applicable law, it shall be the duty of management of each gaming establishment to inform the Gaming Agency in writing of the name of each person that management reasonably believes meets the criteria for placement on the exclusion list, as established by Subsection
C above. The Gaming Agency shall notify management of the gaming establishment in writing, following the investigation and hearing described in this subsection, whether or not the Gaming Agency concurs with management's recommendation to place a person's name on the exclusion list.
(2) Upon receipt of a recommendation from management of the gaming establishment or a signed request from a person requesting voluntary exclusion due to a gambling problem, the Executive Director of the Gaming Agency shall conduct or cause to be conducted an investigation regarding every person whose name is recommended or requested to be placed on the exclusion list. Upon a determination by the Executive Director that there are adequate grounds to add a person's name to the exclusion list under the criteria listed in Subsection
C above, the Executive Director shall determine whether or not the person's name should be added to the exclusion list; provided, however, that any person who is also included on the responsible gaming database maintained by the Michigan Gaming Control Board shall be prohibited from participating in internet wagering on any internet gaming platform operated by the gaming establishment. Pursuant to Article
X, the Gaming Agency shall send written notice of the exclusion to the person subject to exclusion affording him/her of the opportunity to present evidence and testimony to the Commission concerning his/her exclusion from the gaming establishment or from wagering with the gaming operation.
(3) If the Commission determines that the person's name should not
be added to the exclusion list, the person's name shall not be
added to the list.
(4) If, after the hearing conducted pursuant to Article
X, the Commission determines that the person's name should be added to the exclusion list, or if such person fails to appear at the hearing or fails to present any relevant evidence or testimony to rebut the determination of the Executive Director, such person's name shall be retained on the exclusion list. The Gaming Agency shall promptly notify the person in writing of the Commission's determination.
(5) The Agency may determine to place a person's name on the exclusion
list either permanently or temporarily. If a person is placed on the
exclusion list temporarily, the Gaming Agency shall inform the person
of the period of time that person's name will be on the exclusion
list. The Gaming Agency shall provide authorized representatives of
the gaming establishment's surveillance and security department
with up-to-date lists of persons on the exclusion list.
(6) Notwithstanding any determination by either the Executive Director or the Commission that a person should not be placed on the exclusion list, nothing in this Subsection
D shall preclude management of the gaming operation from prohibiting such person from entering the gaming establishment or wagering at, or with, the gaming establishment for business or policy reasons under Subsection
L.
E. A person on the exclusion list shall have the following ongoing obligations:
(1) To refrain from entering the gaming establishment's premises
and to refrain from all wagering activities at the gaming establishment
(including, if applicable, all internet wagering), until the exclusion
period has ended or the Commission has approved a request to remove
the individual's name from the exclusion list;
(2) To notify the Commission of any change in address or other personal
information; and
(3) To notify the Commission if he/she receives any direct mail or other
marketing solicitations addressed to him/her during the time of his/her
exclusion.
F. An excluded person who enters the gaming establishment and/or participates in wagering in violation of an exclusion order agrees to forfeit any jackpot or thing of value won as a result of any wager made at/with the gaming enterprise, as well as any gaming chips or thing of value issued by the gaming enterprise or any gaming device. The forfeited jackpot or items will be withheld by an authorized representatative of the gaming establishment or seized by representative of the Gaming Agency subject to his/her right to request a hearing pursuant to Article
X to contest the forfeiture or seizure that the funds or thing(s) of value seized were not issued by the gaming enterprise or were not the result of a jackpot or winnings on wagers.
G. Any excluded person will, as of the date his/her name is added to
the exclusion list, forfeit all points or complimentaries earned on
or before his/her exclusion, including points or complimentaries earned
under the terms of the gaming establishment's marketing programs
and shall include food coupons, coupons or vouchers for chips, hotel
complimentaries, and other similar benefits.
H. Removal from the exclusion list. Any person who has been placed on the exclusion list may petition the Gaming Agency in writing at any time, but not more frequently than annually, to remove the person's name from the list. Upon receipt of a request from any person to have his/her name removed from the exclusion list, the Gaming Agency shall forward the request to the Commission, which shall have a process in place, through regulations, to review and, if necessary, hold hearings under the procedures described in Article
X to resolve the request.
I. Duty to exclude. It shall be the duty of the Gaming Agency and management
of each gaming establishment to exclude or eject from a gaming establishment
any person whose name appears on the exclusion list. Any primary management
official or key employee of a gaming operation who knows or has reason
to know that an excluded person has entered or is attempting to enter
a gaming establishment shall be responsible for notifying appropriate
security and surveillance staff and taking such other action as is
within the scope of the employee's authority and responsibility
to exclude or eject such person.
J. Trespass. A person who has received notice that he/she has been placed on the exclusion list, or who has been banned from a gaming establishment's premises under Subsection
L, infra, may be charged with criminal trespass under applicable federal or tribal law or a civil infraction upon his or her entry onto the property of the gaming establishment. The notice advising persons that they have been placed on the exclusion list or who are subject to a temporary ban, shall include a notice that they may be criminally prosecuted for trespass under 8 NHBPTC § 9-21 or cited with a civil infraction under 8 NHBPTC § 6-23 should they attempt to enter onto the gaming establishment site. It is prima facia evidence that a person received notice that he/she has been placed on the exclusion list, or has been banned from a gaming establishment's premises, if that person was verbally instructed as to the exclusion or ban, or that notice of the ban by personal delivery or by registered or certified mail, return receipt requested.
K. Distribution and availability of exclusion lists. The exclusion list
shall be regularly updated and shall be distributed to each gaming
establishment. The list shall be made available to law enforcement
agencies by subpoena or upon request to the extent the law enforcement
agency can establish a legitimate need for the list.
L. The management of a gaming establishment has the authority to ban
patrons from a gaming establishment for violations of gaming rules,
tribal or local laws, or property policies. Nothing in this section
prohibits management of a gaming establishment from establishing internal
procedures for banning patrons from a gaming establishment, for any
period of time.