Michigan has a strong gambling economy, especially in Metro Detroit. With so many casinos, come gambling problems including addiction. In order to combat this problem, the Michigan Gambling Control Board maintains a list of Disassociated Persons pursuant to MCL 432.225, which reads:
(1) The board shall create a list of disassociated persons. The board shall, with the assistance of casino licensees, inform each patron of the list of disassociated persons and explain how the patron may add his or her name to the list.
(2) The board may add an individual’s name to the list of disassociated persons if the individual has notified the board in writing of his or her pledge not to visit a casino in this state by filing an application for placement on the list of disassociated persons with the board.
(3) The board shall create and make available an application for placement on the list of disassociated persons. The application shall include all of the following information about the individual who is applying:
(a) Full name and all aliases
(b) Physical description including height, weight, hair and eye color, skin color, and any other noticeable physical characteristics.
(d) Current home and work addresses and phone numbers.
(e) Social security number.
(f) Date of birth.
(g) Statement that the individual believes he or she is a problem gambler and is seeking treatment.
(h) A photograph suitable for the board and casino licensees to use to identify the individual.
(i) Other information that the board considers necessary.
(4) An individual s name shall be placed on the list of disassociated persons after all of the following have occurred:
(a) The individual has submitted an application to be placed on the list of disassociated persons to the Michigan gaming control board.
(b) The application has been verified by a representative of the board.
(c) The individual has signed an affidavit in which he or she affirms that he or she wishes to be placed on the list of disassociated persons and authorizing the board to release the contents of his or her application to all casino licensees in this state
(d) The individual signs a form releasing the state of Michigan, the board, and the casino licensees from any injury the individual suffers as a consequence of placing his or her name on the list of disassociated persons.
(e) The individual signs a form stating that he or she understands and authorizes all of the following:
(i) That a criminal complaint for trespassing will be filed against him or her if he or she is found on the premises of a casino in this state and he or she will be immediately removed from the casino premises.
(ii) That if he or she enters a casino and wins any money, the board will confiscate the winnings.
(5) An individual who has his or her name placed on the list of disassociated persons shall remain on the list for the remainder of his or her life.
(6) After an application has been submitted to the board, the chairperson of the board shall file a notice of placement on the list of disassociated persons with the board at the next closed session. Information contained in an application under subsection (4) is exempt from disclosure under section 4c of this act and is not open for public inspection. The information shall be disclosed to the board, each casino licensee in this state, the department of attorney general, and the department of state police.
(7) The list of disassociated persons shall be provided to each casino licensee, the department of attorney general, and the department of state police.
(8) Each casino licensee in this state shall submit to the board a plan for disseminating the information contained in the applications for placement on the list of disassociated persons. The board shall approve the plan. The plan shall be designed to safeguard the confidentiality of the information but shall include dissemination to all of the following:
(a) The general casino manager or the managerial employee who has responsibility over the entire casino operations.
(b) All security and surveillance personnel.
(c) The department of state police.
(9) A casino licensee shall not extend credit, offer check cashing privileges, offer coupons, market its services, or send advertisements to, or otherwise solicit the patronage of, those persons whose names are on the list of disassociated persons.
(10) The casino licensee shall keep a computer record of each individual whose name is on the list of disassociated persons. If a casino licensee identifies a person on the premises of a casino, the licensee shall immediately notify the board, a representative of the board, or a representative of the department of state police who is on the premises of the casino. After the licensee confirms that the individual has filed an affidavit under this section, the licensee shall do all of the following:
(a) Immediately remove the individual from the casino premises.
(b) Report the incident to the prosecutor for the county in which the casino is located.
(11) A casino licensee who violates this act is subject to disciplinary action by the board.
(12) The board shall promulgate rules to implement and administer this act.
(13) An individual who has placed his or her name on the list of disassociated persons who enters a casino in this state is guilty of criminal trespassing punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both.
(14) This act does not create any right or cause of action on behalf of the individual whose name is placed on the list of disassociated persons against the state of Michigan, the board, or a casino licensee.
(15) Any winnings collected by the board under this act shall be deposited into the compulsive gaming prevention fund.
As you can see, individuals who have a compulsive gambling problem can opt onto the list and will be prohibited from entering a Detroit Casino.
If the individual subsequently enters the casino they are guilty of misdemeanor trespassing and any winnings will be forfeited to the board to fight compulsive gambling. Once you are on the list, it is permanent. If you or someone you know has been charged with disassociated persons, it is critical to retain an experienced attorney ASAP.
We can work to protect your rights so this misdemeanor doesn’t become a bigger deal than it has to be. To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
With the three Detroit Casinos, the brand new Fire Keepers Casino in Battle Creek, and various other smaller Casinos, Michigan has quite a few gambling establishments. As such, underage gambling is becoming a problem.
Internet gambling and “charity” poker rooms can also proof tempting for those under 21, because of the monies generated, and the stiff fines imposed on the Casino or gaming institution, there has been a huge crackdown on underage gambling.
Here are the legal sanctions associated with it:
(3) A person, or an affiliate of a person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year in a county jail or a $10,000.00 fine, or both, for doing any of the following:
(a) Knowingly making a wager if the person is under 21 years of age or permitting a person under 21 years to make a wager.
(b) Willfully failing to appear before or provide an item to the board at the time and place specified in a subpoena or summons issued by the board or executive director.
(c) Willfully refusing, without just cause, to testify or provide items in answer to a subpoena, subpoena duces tecum or summons issued by the board or executive director.
(d) Conducting or permitting a person who is not licensed pursuant to this act to conduct activities required to be licensed under the casino, occupational, and suppliers licensee provisions in this act or in rules promulgated by the board.
(e) Knowingly violates or aids or abets in the violation of the provisions of section 7b of this act.
(f) Leasing, pledging, borrowing, or loaning money against a casino, supplier, or occupational license.
If you or someone you love has been charged with underage gambling it is important to retain an experienced attorney, such as our attorneys to protect your rights and future. Call us at (248) 398-7100 for a free consultation or contact us with a private message
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