Plain Text Law

Chapter 06. Enforcement of Voluntary Exclusion Program

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Regulation .01 Enforcement.Copy Citation

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A.
The Commission shall notify each State facility operator of the placement of an individual on the voluntary exclusion list established in COMAR 36.01.03.
B.
A facility operator may disclose information about an individual on the voluntary exclusion list to:
(1)
The Commission;
(2)
The facility’s:
(a)
Manager;
(b)
Security department;
(c)
Surveillance department; or
(d)
Employees who are directly responsible for excluding unauthorized individuals from the facility; and
(3)
If the facility operator pursues criminal charges against an individual on the voluntary exclusion list who is suspected of trespassing at a video lottery facility, to:
(a)
A law enforcement officer; or
(b)
A person who is legally authorized to be involved in the criminal prosecution of an individual on the voluntary exclusion list who is suspected of trespassing at a video lottery facility.
C.
If a facility operator uses technology for the purpose of complying with §E of this regulation, the facility operator shall ensure that the technology:
(1)
Complies with all applicable State requirements; and
(2)
Is designed to prevent unauthorized access to confidential records.
D.
If an individual on the voluntary exclusion list is found on the premises of a video lottery facility, the operator:
(1)
Shall immediately notify the Commission; and
(2)
May pursue criminal charges against the individual for trespassing or any other appropriate criminal charge.
E.
A facility operator may not:
(1)
Permit an individual on the voluntary exclusion list to:
(a)
Enter into the video lottery facility; or
(b)
Play a video lottery terminal or table game;
(2)
Knowingly fail to exclude from the premises an individual on the voluntary list; or
(3)
Disclose information about individuals on the voluntary exclusion list beyond the disclosures that are authorized under §B of this regulation.

Regulation .02 Responsible Gaming Plan.Copy Citation

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A.
A facility shall establish a responsible gaming plan that sets forth the facility’s plan for addressing problem gambling at the facility that shall include at least the following elements of the plan:
(1)
Goals;
(2)
Procedures and deadlines for implementation;
(3)
Identification of facility personnel responsible for implementation;
(4)
Responsibilities of facility personnel identified as responsible for implementation;
(5)
Training for facility personnel on problem gambling and voluntary exclusion;
(6)
Means of controlling access to records pertaining to voluntary exclusion;
(7)
Means of educating players about:
(a)
Problem gambling;
(b)
Problem gambling treatment resources, including treatment and prevention programs established under State Government Article, §9-1A-33, Annotated Code of Maryland; and
(c)
Voluntary exclusion;
(8)
Placement of responsible gambling awareness materials in the facility as required under Regulation .03 of this chapter;
(9)
Ensuring that an individual in the Voluntary Exclusion Program is not permitted to:
(a)
Enter the video lottery facility;
(b)
Play a video lottery terminal or table game; or
(c)
Claim a jackpot;
(10)
The facility’s response to the discovery of an individual who is enrolled in the voluntary exclusion program on facility property, which may include pursuing criminal charges against the individual; and
(11)
Any other element required by the Commission.
B.
A facility operator shall submit to the Commission the responsible gaming plan required under §A of this regulation at least 60 days before video lottery terminal operations are to commence.
C.
A facility operator shall submit any amendments to a facility’s responsible gaming plan to the Commission prior to implementation.
D.
A facility operator shall submit to the Commission an annual report describing the facility’s responsible gaming plan, which shall include a statement regarding compliance with Regulation .01C of this chapter.

Regulation .03 Requirements.Copy Citation

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A.
Definitions.
(1)
In this regulation the following terms have the meaning indicated.
(2)
Terms Defined.
(a)
“Advertisement” means any material that is:
(i)
Disseminated to the public through broadcasting, publication, mail, or any other means; and
(ii)
Intended to encourage video lottery terminal or table game play.
(b)
“Billboard advertisement” means a roadside sign, aviation banner, or event banner that is intended to encourage video lottery terminal or table game play.
(c)
“Gambling assistance message” means a phrase approved by the Commission to encourage responsible play;
(d)
“Online advertisement” means an advertisement on a website, an application, in social media, or otherwise on the internet, that is intended to encourage video lottery terminal or table game play.
(e)
“Printed advertisement” means an advertisement that appears in or on a sign, direct mailing, poster, brochure or other written material and is intended to encourage video lottery terminal or table game play.
(f)
“Responsible gambling awareness materials” means a sticker, a brochure, a wallet card, or other material that conveys only problem gambling resource information.
(g)
“Underage warning message” means the language that prohibits individuals under the age of 21 on the gaming floor”.
B.
A facility operator shall:
(1)
Post signage approved by the Commission that prominently bears the gambling assistance message and the underage warning message at each customer entrance to the gaming floor;
(2)
Include the gambling assistance message on an advertisement that is intended to encourage video lottery terminal or table game play at its facility;
(3)
Ensure that a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.03.03.08;
(4)
Ensure that a billboard bearing a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.03.03.08;
(5)
Ensure that a radio, television, or video advertisement bears the gambling assistance message and meets requirements of COMAR 36.03.03.08;
(6)
Ensure that the gambling assistance message is printed on a paper product that is associated with player consumption of food or beverage if the paper product is:
(a)
Special ordered; and
(b)
Branded with the facility's logo;
(7)
Ensure that the gambling assistance message is printed on ticket stock;
(8)
Place in the facility responsible gambling awareness materials according to its responsible gaming plan required under Regulation .02 of this chapter; and
(9)
Ensure that an advertisement does not include language that suggests an outcome is guaranteed or without risk; and
(10)
Ensure that an advertisement includes a gambling assistance message that:
(a)
For a printed advertisement, the font height is the greater of:
(i)
The majority of the text in the advertisement; or
(ii)
Three percent of the height or width of the advertisement.
(b)
For a billboard advertisement, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;
(c)
For a video and television advertisement, the gambling assistance message shall:
(i)
Be visible for the entire duration of the advertisement, with a font size that is at least 3 percent of the image height or width, whichever is greater; or
(ii)
From the first instance video lottery terminal, table game play or a facility operator is displayed, appear on the final screen for at least the final three seconds of the advertisement with a font height that is at least 8 percent of the image height or width, whichever is greater;
(d)
For websites and social media, the gambling assistance message shall:
(i)
Be posted on each webpage or profile page, and on any gaming-related advertisement posted on the webpage or profile page, with a font height that is at least the same size as the majority of the text used on the webpage or profile page; or
(ii)
Meet the font height and shall comply with the requirements in §B(10)(a) of this regulation..
Chapter annotations
Authority: State Government Article, §9-1A-24, Annotated Code of Maryland
History: Effective date:
History: Regulations .01— .03 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); emergency action expired effective July 20, 2013
History: Regulations .01— .03 adopted effective adopted effective August 19, 2013 (40:16 Md. R. 1347)
History: Regulation .01 amended effective October 19, 2020 (47:21 Md. R. 905)
History: Regulation .01B, C amended effective February 3, 2014 (41:2 Md. R. 93)
History: Regulation .02A, D amended effective February 3, 2014 (41:2 Md. R. 93)
History: Regulation .02D amended effective October 19, 2020 (47:21 Md. R. 905)
History: Regulation .03 amended effective May 25, 2026 (53:10 Md. R. 459)
History: Regulation .03A amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .03B amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)