Colorado Clarifies Responsible Gambling, Patron Exclusion Rules

January 23, 2024
The Colorado Limited Gaming Control Commission has signed off on amendments to its casino and sports-betting regulations to clarify and expand the requirements for responsible gambling and who has access to its voluntary exclusion list.

The Colorado Limited Gaming Control Commission has signed off on amendments to its casino and sports-betting regulations to clarify and expand the requirements for responsible gambling and who has access to its voluntary exclusion list.

Commissioners also established regulations for the involuntary exclusion of patrons from any licensed casino, made minor changes to a poker regulation, as well as made additional regulatory updates for consistency and clarification.

Among the changes to Limited Gaming Rule 29 and Rule 9, regulators will now require casinos and sports-betting operators, along with their marketing affiliates, to include the 1-800-GAMBLER problem gambling help number on all forms of media advertisements, including television and radio ads.

The three-member commission also added wording to both regulations to exempt advertisements strictly for casinos' hotel or restaurant facilities that do not market gaming or sports betting. 

Currently, the Colorado Division of Gaming (CDG) maintains an exclusion list that has consolidated those who have been excluded, self-excluded or prohibited from gambling into “one interactive database”.

That list is distributed to retail casino licensees, sports-betting companies, sports leagues and individuals that participate in gaming in Colorado.

As a result of the new regulatory changes, the commission has expanded access to the list to include any licensed third-party vendors pre-approved by the CDG’s director, strictly to ensure those identified self-excluded individuals do not receive direct marketing. The updated rules make it clear that it is a violation for any licensee to use confidential data in any other way.

Christopher Schroder, director of the CDG, told the commission on Thursday (January 18) that the added language covering third-party vendors was based on feedback from the gaming industry.

Commission vice chair Patricia Landaveri agreed with the proposed changes but expressed concern over the amount of personal data that third-party vendors will be receiving.

She also asked Schroder what would happen to the names on the list when their exclusion term expires.

Right now, Schroder said, regulators update the list on an as-needed basis. He added that access can be given to third-party licensees once certain requirements are met to remove names.

But before being given access to that confidential information, the regulations require that third-party vendors have entered into a contract with a gaming or sports-betting licensee outlining the terms of their access and use of the list.

The third-party vendor must also disclose to the CDG all casino and sports-betting licensees it is working with and agree not to disclose the confidential information contained in the exclusion list and database. The new rule also includes a requirement to agree to “only use such confidential information for its intended purpose.”

In terms of a licensee ending a contract with a third-party vendor or any disclosure of confidential information, the vendor has five calendar days to inform gaming regulators. The commission also approved expanded prohibitions that any winnings of a person on the exclusion list will be retained by the licensee or operators.

Colorado regulators also approved rules for the addition of persons to their involuntary exclusion list. In determining whether to add an individual to the list, the commission may consider if their presence in a casino poses a threat to the interests of the state or licensed gaming, including the public.

Among the list of reasons for inclusion on the list, the commission would determine whether the patron has committed a felony, a misdemeanor “involving moral turpitude, or a violation of the laws or gaming rules of any other state ... or Indian tribe.”

Schroder said any person being considered for inclusion on the involuntary exclusion list may petition the commission for a hearing within 30 days of the date the petition is delivered or posted in one or more official newspapers in the two counties where casino gaming is legal.

The new rules also allow for an individual to have an attorney petition the commission for removal from the involuntary exclusion list after five years.

The updates to Limited Gaming Rule 10, which are the poker rules, were a name change from 3 Card Shine to 3 Card Plus poker and adding a paragraph that was left out of previous updates to how a casino may configure a five-card linked progressive wager.

The final version of the regulations will become effective on March 16. Shannon Gray, a spokeswoman with the CDG, said Monday (January 22) that the attorney general's opinion on the rules needs to be filed by February 7, and the secretary of state will submit the approved rules for final publication in the February 25 Colorado Register.

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