1. (a) is a career or professional offender, whose presence in a gaming facility would, in the opinion of the commission, be contrary to the interests of New York State or of casino gaming therein, or both;
2. (b) has a known relationship or connection with a career or professional offender whose presence in a licensed facility would be contrary to the interest of New York State or of casino gaming therein, or both;
3. (c) has been convicted of a gambling offense under the laws of any state or the United States that is punishable by more than 12 months in a state prison, a house of correction or any comparable incarceration, a crime of moral turpitude or a violation of the gaming laws of any state;
4. (d) has a notorious or unsavory reputation that would adversely affect public confidence and trust that casino gaming is free from criminal or corruptive elements;

5. (e) poses, by presence in a gaming facility, the potential of injurious threat to the interests of New York State if the person is permitted in a gaming facility. In determining whether a person poses a potential of injurious threat, the commission may consider whether the person:

   1. (1) is a gaming cheat;
   2. (2) has had a license or registration issued in accordance with Parts 5303 through 5307 of this Title, or a like license or registration issued by another jurisdiction, suspended or revoked or has been otherwise subjected to adverse action;
   3. (3) poses a threat to the safety of the patrons or employees of a gaming facility;
   4. (4) has a documented history of conduct involving the undue disruption of gaming operations in any jurisdiction;
   5. (5) is subject to an order of a court of competent jurisdiction in New York State excluding those persons from a gaming facility;
   6. (6) is subject to a no trespass order at any casino or gaming facility in any jurisdiction;
   7. (7) is excluded from any video lottery facility in New York State;
   8. (8) is excluded from any Indian gaming facility in New York State;
   9. (9) is excluded from any horse racing track or off-track betting facility in New York State for any misconduct or behavior involving wagering or wagering integrity; or
   10. (10) has pending charges or indictments for a gaming crime or a crime related to the integrity of gaming operations in New York State or any other jurisdiction.

A person shall be placed on the excluded persons list if the commission determines that the person meets one or more of the following criteria: