by David Vialpando
Casino operators work hard to provide a place for fun, excitement, and entertainment for adult patrons. When individuals enter a casino and cause disruption, violate casino rules, or seek to victimize others, casino operators and gaming regulators have a responsibility to protect those seeking to relax and enjoy themselves. One of the strategies casino operators leverage to protect patrons and staff members is the ability to exclude disruptors, either temporarily or permanently, from the casino premises.
Whether the process is referred to as an exclusion, banishment, notice of forbidden entry, or simply “86,” the intent remains the same – to require an individual who threatens the safety of others or who violates a rule of the casino to vacate the premises. The term “86” is interesting, and what most people do not know is that it originated in dining establishments in the 1920s. The term was an internal code used by restaurant staff to communicate when the business was out of an item or selection made by a customer. Eventually, the term made its way to drinking establishments where bartenders used “86” to mean a person who was intoxicated, disruptive, or unable to pay for their drink and required to leave the bar.
The decision to exclude an individual is usually made by casino management and enforced by casino security or guest safety personnel. The reasons for excluding a person can be varied, but usually center around two priorities: safety and integrity of gaming activity. Common reasons include an individual who is verbally or physically abusive to other patrons or staff, a person who threatens others, advantage players and cheats, scooping tickets, stealing player cards, panhandling, committing a public offense such as possession of a controlled substance, or arrested by law enforcement.
To ensure responsible alcoholic beverage consumption and to comply with alcoholic beverage service statutes, casino operators will direct an individual displaying signs of intoxication to cease consuming alcohol for a prescribed period and offer them non-alcoholic beverages. Patrons who violate this directive and continue to consume alcohol may be banned from the gaming floor and alcohol service areas and directed to remain in their hotel room on property. If the patron is not staying in the property’s hotel, the person may be excluded from the casino and the operator will arrange for safe transportation from the property.
The prescribed period of exclusion may range from 24 hours to a permanent lifetime exclusion, depending on the circumstances surrounding the casino operator’s decision to ban the individual. Serious criminal transgressors, habitual offenders, advantage players and gaming cheats may be permanently banned from the casino. Those who damage casino property or take another’s money or gaming machine credits may be excluded until they are able to make restitution for the damage or loss. A person who becomes angry or disruptive to the point of potentially affecting the safety and well-being of others, or who fails to comply with casino staff instructions, may be excluded from the casino for 24 hours or more.
For persons banned from the casino for a prescribed period, say one year, the operator may require the individual to provide a letter to casino management requesting termination of their exclusion. These letters are typically reviewed by casino management, or a committee, and a decision is rendered to continue the exclusion or permit the subject to return to the casino. If the desire is to permanently ban a person from the casino, some tribal gaming regulatory agencies (TGRAs) or gaming commission regulations require a hearing before the gaming commission to consider the casino’s request for a permanent ban.
A specialized area of exclusion is a patron’s ability to self-exclude from the casino due to problematic wagering behavior. Responsible gaming programs in which self-exclusion occurs may be managed by the casino operator or the TGRA, and by agreement, may be coordinated with state gaming regulators such that a self-exclusion from one casino may be applicable to all casinos within a given state. Casinos vary on the length of time the patron may choose to exclude themselves and the number of times they can self-exclude before the exclusion becomes permanent. For example, the first self-exclusion may be for one year, the second request for three years, with a third request being a permanent exclusion, or the patron may request permanent exclusion on the first request.
Enforcement of exclusions may be problematic for a casino operator when a banned person ignores the exclusion and repeatedly enters the casino despite their exclusion. In jurisdictions where tribal law enforcement is present, officers may be called to issue citations for trespassing to repeat offenders. In jurisdictions where non-tribal law enforcement is the public safety provider, protocols may need to be established with the local law enforcement agency and county prosecutor’s office to delineate when state trespassing laws will be enforced and prosecuted.
Sanctions for trespassing vary from jurisdiction to jurisdiction with most trespass laws originating many years ago. For instance, California’s trespass law dates back to 1872. First time trespass offenses are typically charged as misdemeanors with penalties of up to six months incarceration and/or fines up to $1,000. In California, repeat offenders within a year of a prior conviction can be charged as a felony punishable by 16 months in jail.
Regardless of the circumstance, exclusion from the casino premise is an effective strategy for dealing with individuals whose behavior is detrimental to the safety and well-being of patrons and casino personnel, and ensures that the gaming establishment remains a safe source of entertainment and relaxation for guests.
David Vialpando is Executive Director of the Pala Gaming Commission and Vice-Chairman of Tribal Gaming Protection Network. He can be reached by calling (760) 510-4559 or email [email protected].