N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1345: Excluded person; forfeiture of winnings; other sanctions

§ 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 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.