Section 47 ABCC Gaming Enforcement 4

Section 35 of said chapter 23K, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) If the bureau finds that a person is not in compliance with any order issued under this section, it shall assess a civil administrative penalty. The penalty may be assessed whether or not the violation was willful. In determining the amount of the civil penalty, the bureau shall consider: (i) the nature of the violation; (ii) the length of time the violation occurred; (iii) the risk to the public and to the integrity of gaming operations created by the conduct of the person; (iv) the seriousness of the conduct of the person; (v) any justification or excuse for such conduct by the person; (vi) the prior history of the particular person involved with respect to gaming activity; (vii) any corrective action taken by the person to prevent future misconduct; and (viii) any other relevant factors.

(2) Notwithstanding paragraph (1), any civil administrative penalty to be assessed for a violation of sections 34, 34C or 69 of chapter 138 or any regulation of the alcoholic beverages control commission related to possession of an alcoholic beverage by a person under 21 years of age, against a gaming establishment self-owned vendor or gaming establishment contract vendor shall be determined by the alcoholic beverages control commission pursuant to subsection (c) of section 64 of chapter 138 and section 23 of chapter 138.