2009 Rhode Island Code
Title 41 - Sports, Racing, and Athletics
CHAPTER 41-9.1 - The Rhode Island Gaming Control and Revenue Act
§ 41-9.1-25 - Uniform compulsive and problem gambling program.

SECTION 41-9.1-25

   § 41-9.1-25  Uniform compulsive and problem gambling program. – (a) The gaming industry through the American Gaming Association in the Responsible Gaming Resource Guide has stated that the industry recognizes that gaming entertainment companies must stand up and take responsible actions to address social problems and costs that are created when some individuals have problems handling the product or services they provide. The industry has also stated that they know that the vast majority of the men and women who are their customers can enjoy their games responsibly, but that they also know the customers expect them to act responsibly toward those who cannot. It is imperative for the health, safety, and welfare of the citizens of the state of Rhode Island that all casino licensees develop and implement comprehensive compulsive and problem gambling programs to be approved by the state lottery division.

   (b) Any casino licensee shall adopt a comprehensive program that provides policies and procedures that, at a minimum, cover the following areas of concern and are designed to:

   (1) Provide procedures designed to prevent employees from willfully permitting a person identified on a self-exclusion list from engaging in gaming activities at the licensed establishment or facility.

   (2) Provide procedures to offer employee assistance programs or equivalent coverage. The procedures shall be designed to provide confidential assessment and treatment referral for gaming employees and, if covered, their dependents who may have a gambling problem.

   (3) Provide procedures for the development of programs to address issues of underage gambling and unattended minors at gaming facilities.

   (4) Provide procedures for the training of all employees that interact with gaming patrons in gaming areas.

   (5) Provide procedures designed to prevent serving alcohol to individuals who appear to be intoxicated consistent with the provisions of Rhode Island law.

   (6) Provide procedures for removing self-excluded person from the licensed establishment or facility, including, if necessary, procedures that include obtaining the assistance of local law enforcement.

   (7) Provide procedures preventing any person identified on the self-exclusion list from receiving any advertisement promotion, or other targeted mailing after ninety (90) days of receiving notice from the state lottery division that the person has been placed on the self-exclusion list.

   (8) Provide procedures for the distribution or posting within the gaming establishment of information that promotes public awareness about problem gambling and provides information on available services and resources to those who have a gambling problem.

   (9) Provide procedures for the distribution of responsible gaming materials to employees.

   (10) Provide procedures for the posting of local curfews or laws and prohibitions, if any, regarding underage gambling and unattended minors.

   (11) Provide procedures to prevent any person placed on the self-exclusion list from having access to credit or from receiving complimentary services, check-cashing services, and other club benefits.

   (c) The state lottery division shall provide by rule for the establishment of a list of self-excluded persons from gaming activities at all gaming establishments. Any person may request placement on the list of self-excluded persons by acknowledging in a manner to be established by the state lottery division that the person wishes to be excluded and by agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any gaming activity at such gaming establishments.

   (2) The rules of the state lottery division shall establish procedures for placements on, and removals from, the list of self-excluded persons, provided that notwithstanding any law to the contrary, prior to the removal from such list, the state lottery division or a hearing officer shall conduct a hearing not open to the general public at which it shall be established by the person seeking removal that there is no longer a basis to be maintained on the self-exclusion list.

   (3) The rules shall establish procedures for the transmittal to the gaming establishment of identifying information concerning self-excluded persons, and shall require all the gaming establishment to establish procedures designed, at a minimum, to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons access to credit, complimentaries, check-cashing privileges and other club benefits.

   (4) The rules shall provide that the state lottery division's list of self-excluded persons shall not be open to public inspection. The state lottery division, any licensee, permittee and any employee or agent thereof shall not be liable to any self-excluded person or to any other party in any judicial proceeding for any monetary damages or to other remedy which may arise as a result of disclosure or publication in any manner other than a willfully unlawful disclosure to a third party that is not an employee, affiliated company, or employee or agent of the state lottery division of the identity of any self-excluded person.

   (d) A person who is prohibited from any gaming establishment by any provision of this chapter or pursuant to any self-exclusion rules adopted by the state lottery division shall not collect in any manner or proceeding any winnings or recover any losses arising as a result of any prohibited gaming activity.

   (e) In any proceeding brought against any licensee, permittee any employee thereof for a willful violation of the self-exclusion rules of the state lottery division, the state lottery division may order the forfeiture of any money or thing of value obtained by the licensee from any self-excluded person.

   (f) Nothing herein shall prevent any licensee or permittee from adopting and maintaining a self-exclusion policy that may impose different or greater standards so long as such policy is in addition to the state lottery division's self-exclusion rules, and any actions taken pursuant to such a policy of a licensee or permittee shall be subject to the limitations of liability set forth in this section.

   (g) The provisions of this section shall not require the state lottery division, licensees, permittees and the employees thereof to identify problem or compulsive gamblers, which is an activity that requires medical and clinical expertise.

   (h) The state lottery division may impose sanctions on a licensee or permittee, under this chapter, if the licensee, permittee, or casino gaming operator willfully fails to exclude from the licensed gaming establishment a person placed on the self-exclusion list.

   (2) The state lottery division may seek the suspension of a licensor permit, if the licensee or permittee engages in a pattern of willful failure to exclude from the licensed gaming establishment persons placed on the self-exclusion list.

   (i) A licensee conducting gaming pursuant to the provisions of this chapter can demonstrate to the state lottery division compliance with the education and training provisions of this section by providing proof of attendance by all employees when they are hired and annually thereafter at one of the following education programs:

   (1) Training programs conducted by the Rhode Island department of mental health, retardation, and hospitals.

   (2) Any other course on problem and compulsive gaming training approved by the state lottery division, including any courses offered by a casino licensee.