THE CASINO GAMING ACT
CASINO GAMINGTHE CASINO GAMING ACT. .ARRANGEMENT OF SECTIONS.PARTI. Preliminary1. Short title.2. Interpretation.3. Objects of Act.4. Powers of Betting, Gaming and Lotteries Commission not affected.PART11. Casino Gaming Cornrnission5. Establishment of Casino Gaming Commission.6. Functions of Commission.7. Policy directions.8. Delegation of functions.PART111. Approved Integrated Resort Development9. 'Declaration of approved integrated resort development.10. Application for approved integrated resort development.1 1. Minister may amend order.12. Exclusivity-for casino gaming business.PART1V. Casino Gaming Licence13. Restriction on operating casino.14. Application for casino gaming licence.IS. Matters to be determined by the commission on application.16. Investigation re application.17. Commission may required M h e r information, etc.18. Casino gaming licence, annual licence fee.19. Commencement, duration, surrender and lapse of licence.20. Review of casino gaming licence.[The inclusion of this page is authorized by L.N. 92c12012]
CASINO GAMING2 1. Licence not transferable.22. Conditions of licence.23. Variation of licence on application by casino operator.24. Amendment of licence by Commission.25. Change in control of the casino operator.26. Temporary casino gaming licence.27. Disciplinary actions.28. Management of licensed premises.29. Refusal of entry to and expulsion of persons from premises.PARTV. Personal Licence for Employment in Casino30. Restriction on employment in specified office without personallicence.3 1. Application for personal licence.32. Non-transferability and validity of personal licence.33. Provisional personal licences.34. Variation or amendment of personal licence.35. Review of personal licence.-36. Disciplinary action in respect of personal licence.37. Termination of employment and cancellation of personal licence.Casino Operations38. Direction to casino operator.39. Casino operator to provide information.40. Change in circumstances of casino operator.41. Change in circumstances of associate.42. On-going monitoring of associates and other persons.43. Restriction on use of casino facilities for gaming:Inspection and Enforcement'.44. Appointment and functions of inspectors and authorized persons.45. Commission to issue identification card.[The inclusion of this page is authorized by L.N. 92c/2012]
CASINO GAMING46. Certain powers of inspector and authorized person.47. Forfeiture of abandoned gaming equipment or article.48. Temporary management of casino business by Commission.PARTV 1. Controlled Contracts49. Control contracts.50. Requirements for controlled contracts.5 1 . Parties to contract to provide information.52. Notice to show cause why controlled contract should. not beterminated.53. Effect of termination of controlled contract.54. No effect to be given to terminated contract.Approved Games, Gaming Rules and Gaming Eqzripment55. Approval of games and rules for games.56. Directions as to games not to be played.57. Approval of gaming equipment.58. Licensing of gaming machines.59. Gaming machines in casinos.60. Simulated gaming.PARTV11. Gross Profit Tases6 1. Payment of gross profit tax.62. Unclaimed winnings.PARTV 11 1. Appeals63. Establishment of Appeals Tribunal.64. Appeals to the Appeals Tribunal.PARTIX. OjjGnces and Penalties65. Offence of obstruction, etc.66. Offence of failure to produce a licence, etc.-67. Offences of making false or misleading statements.[The inclusion of thls page is authorized by L.N. 92c/2012]3
CASINO GAMING68. Offences by bodies corporate.69. Punishment for offence specified in Sixth Schedule.PARTX. General70. Confidentiality.7 1 . Casino contract to be valid and enforceable.72. Regulations.73. Amendment of Schedules and monetary penalties.SCHEDULES.1I[The inclusion of this page is authorized by L.N. 9 2 / 2 0 1 2 ]
CASINO GAMING5THE CASINO GAMING ACTActI l of 2010.[ 3rd June. 201 0.1PART I . Preliminary1. This Act may be cited as the Casino Gaming Act.Short title2.-(1)InterpretationIn this Act, unless the context otherwise requires-"Appeals Tribunal" means the tribunal established undersection 63;"applicant" means a person who makes an application fora licence, authorization or approval under this Act andreference to an application shall be construed accordingly ;"appointed day" means in relation to-( a ) this Act, the date of commencement of thisAct; and(b) a particular provision of this Act. the date ofcommencement of that provision;"approved developer" means the developer of anapproved integrated resort development;"approved integrated resort development" means an integrated resort development declared by the Ministerunder section 9(1) to be an approved integrated resortdevelopment;"associate'' in relation to a casino operator or an applicanthas the meaning specified in subsection (2);"associated hotel rooms" means hotel rooms which pursuant to an order under section 9 , shall be available foroccupancy during the operation of the casino;"authorized person" means any person appointed as suchby the Commission under section 44;"casino" means any premises, part of any premises, or a[The inclusion of this page is authorized by .L.N. 92c/2012].
CASINO GAMINGfacility, in or on which casino gaming business isconducted;"casino gaming" means the playing of games prescribedby the Commission under section 72(l)(a);"casino gaming licence" means a licence for the operationof a casino granted by the Commission under section18( 1)(a);"casino operator" means the holder of a casino gaminglicence or a temporary casino gaming licence;"chairman" means the chairman of the Commission;j\First,Schedule."Chief Executive Off'icer" means the Chief ExecutiveOfficer of the Commission, appointed under paragraph16(1) of the First Schedule;ibCommission" means the Casino Gaming Commissionestablished by section 5;"contract" includes any kind of agreement or arrangement;"controlled contract" in relation to a casino operator(a) means(i) a contract that relates wholly or partlyto the supply of goods or services forthe operations of the casino or to anyother matter that is prescribed as acontrolled matter for the purposes ofthis definition;(ii) a contract above a prescribed value; or(iii) any class of contract prescribed as acontrolled contract for the purposes ofthis definition; but(b) does not include a contract that relates solelyto(i) the construction of the casino;[The inclusion of this page is authorized by L.N. 92cI2012J
CASINO GAMING(ii) any other class of matter prescribed asnot being a controlled matter for thepurposes of this definition; and(iii) a class of contract of a kind approved bythe Commission;"disciplinary action" shall be construed in relation to(a) a casino operator, in accordance with section27; and(b)'the holder of a personal licence, in accordance with section 36;,"electronic" in relation to technology, means having electrical, digital, magnetic, wireless,. optical, electromagnetic or similar capabilities and references to ca;&ingout any act "electronically" shall be construed similarly;"electronic monitoring system" means any electronic orcomputer or communications system or device that is sodesigned that it may be used or adapted to send orreceive data from gaming equipment in relation to thesecurity, accounting or operating of gaming equipment;"exclusive geographical area" means an area specified in anorder made under section 9 within which, subject tosection 4, the. Commission shall not grant a casinogaming licence to a person other than the approveddeveloper, or his nominee;"exclusivity period" means, with respect to an order madeunder section 9, the specified period for which the Commission shall not, within the relevant exclusive geographical area, grant a casino gaming licence or atemporary casino gaming licence to a person, other thanthe approved developer or his nominee;"exclusivity status" shall be construed in accordance withsection 12;"functions" includes powers and duties;[The inclusion of this page is authorized by L.N. 92c12012]7
CASINO GAMING"game" means a game of chance or a game that is partly agame of chance and partly a game requiring skill;"gaming" means the playing of a game for winnings inmoney or money's worth;"gaming equipment" includes(a) a gaming machine;(b) linked jackpot equipment;(c) an electronic monitoring system used inconnection with any machine, equipment,device, thing or part mentioned in paragraph( 4 , (b), ( 4 , (el or 0 ;(d) a computer programme or software used inconnection with any machine, equipment,system, part, device or thing mentioned inparagraph ( 4 , (b), (c), (el or 0 ;(e) a part of, or a replacement part for, anymachine, equipment or system mentioned inparagraph (a), (b), ( 4 or ( 4 ; and(f) any device or thing (including chips) used, orcapable of being used, for or in connectionwith gaming;"gaming machine" means any device, whether wholly orpartly mechanically or electronically operated, designnated by the Commission for use for gaming which, as aresult of making a bet on the device, winnings maybecome payable;"gross profit" shall be construed in accordance with section61(2);"gross profit tax" shall be construed in accordance withsection 6 1;"hotel" means any building, or group of buildings within thesame precinct, containing hotel rooms and facilities formeals and other amenities for the accommodation of[The inclusion of this page is authorized by L.N. 92c/2012]
CASINO GAMING9transient guests for reward;"hotel room" means a furnished bedroom which is used forthe accommodation of transient guests for reward andincludes such a room in a habitation, such as a villaor cottage, whether detached or semi-detached fromlike habitations, and which habitation is within theprecincts of a single complex operated as a unit;"inspector" means a person appointed as an inspector undersection 44;"integrated resort development" means a development consisting of a mix of various tourism amenities andfacilities in the same precinct including, but not limitedto, hotels, hotel rooms, villas, casinos, attractions, sporting facilities, entertainment facilities, service centresand shopping centres;"licensee" means the holder of a licence granted under thisAct;"Minister" means the Minister responsible for finance;"nominee" means a company nominated by an approveddeveloper to carry out the operations of a casino in therelevant approved integrated resort development;"operation", in relation to a casino, means(a) the conduct of gaming in the casino;(b) the management and supervision of the conduct of gaming in the casino;(c) the counting of money in the casino:(4 the accounting procedures of, and in relationto, the casino; ( e ) the use of storage areas within the casino;andV) any other matter affecting or arising from activities in the casino;-[The inclusion of this page is authorized by L.N. 92c/2012],
CASINO GAMING"personal licence" means a licence granted pursuant to section 3 l(4);"record includes any book, account, 'document, paper orinformation, recorded or stored in written form, onmicrofilm, by electronic process, or in any other manneror by any other means;I1SecondSchedule."specified offence" means an offence specified in theSecond Schedule;."specified office" means an office of employment in acasino in relation to which .the holder.'.(a) is in.a position of management or is authorizedto make decisions'involving the exercise of hisdiscretion concerning the operation of acasino; or.(b) has functions relating to any of the followingactivities. .(i) the conduct of.gaming;.(ii) the movement of money or chips inthe casino;.(iii) the exchange of money or chips between patrons of the casino;(iv) the . counting of money or chips on thepremises of th; casino;(v) the security. and surveillance of thecasino;(vi) the operation, maintenance, construction or repair of gaming equipment;.(vii) the supervision of any of the activitieslisted in paragraphs (i) to (vi);,.(viii) any other fuhction of an office ofemployment relating to the operationof the casino that is specified by the[The inclusion of this page is authorized by L.N; 92c/2012]
CASINO GAMINGCommission for the purposes of thisdefinition by notice, in writing, to thecasino operator as a specified office;"specified site" means thepite, as specified in an order madeunder section 9, on which a proposed integrated resortdevelopment is to be located;"sports betting" means the making of a wager on the outcome of a sporting event;"temporary casino gaming licence" means a licence grantedpursuant to section 26;"winnings" or "payouts" means the aggregate amount dueand payable to a patron by a casino operator.(2) A person is an associate of a casino operator or of anapplicant for a casino gaming licence if the person-(a) holds or will hold any relevant financial interest, or is orwill be entitled to exercise any relevant power (whetheron his own behalf or on behalf of any other person) inthe casino business of the casino operator or in the caseof an applicant, and by virtue of that interest or power,is able or will be able to exercise significant influenceover or with respect to the operation of that casinobusiness; or(b) holds or will hold any relevant position, whether on hisown behalf or on behalf of any other person, in thecasino business of the casino operator or applicant,and for the purposes of this subsection"relevant financial interest" rtieans, in relation to a casinobusiness, five per cent or more of the voting capital ofthe business;"relevant position", in relation to a casino business, meansthe position of director, manager or secretary, or otherexecutive position, however that position is designated;"relevant power'' means any power, whether exercisable by[The inclusion of this page is authorized by L.N. 92c/2012]11
CASINO GAMINGvoting or otherwise, and whether exercisable alone or inassociation with others( a ) to participate in any directorial, managerial orexecutive decision; or( b ) to elect or appoint any person to any relevantposition.Objects ofAct.!,3. The objects of this Act are to( a ) establish a regulatory scheme for the conduct of casinogaming in Jamaica;( b ) encourage the establishment of a number of substantialintegrated resort developments by licensing the carryingon of casino gaming as part of a mix of various tourismamenities and facilities available to guests of hotels insuch developments;(c) ensure that casino gaming is con'dqcted in a fair andopen manner;(d) ensure that casino gaming is regulated efficiently andeffectively;( e ) prevent casino ,gaming from being a source of crime ordisorder or being used to support crime; andV) protect children and other vulnerable persons Eromexploitation due to casino gaming.Powersof1, Betting,' Gaming andj LotteriesCommissionnot, affected.I4. Nothing in this Act shall be construed as limiting thepowers conferred on the Betting, Gaming and Lotteries Commission established under section 4 of the Betting, Gaming andLotteries Act, to grant licences ahd permits in accordance withthat Act within an exclusive geographical area.PART 11. Casino Gaming Co,wmissionEstablishmentof Casino, Gaming! Commission.!5 . 4 1 ) There is hereby established a body to be called theCasino Gaming Commission.(2) The Commission shall be a body corporate to whichthe provisions of section 28 of the Interpretation Act shall apply.[The inclusion of this page is authorized by L.N. 92 12012)
CASINO GAMINGI3(3) The provisions of the First Schedule shall have Firsteffect as to the constitution and operation of the Commission Schedule.and otherwise in relation thereto.6 . The functions of the Commission shall be to-Functions ofConim ss on( a ) regulate and control casino gaming in Jamaica;(b).approve systems of controls for, and administrativeand accounting procedures in, casinos in order toensure integrity and fairness in casino gaming;(c) conduct investigations into the operation of casinosand the holders of specified offices;(4 institute measures and controls to(i) protect the vulnerable, including children; fromany harm or exploitation arising from casinogaming;(ii) limit opportunities for crime or any disorderassociated with casinos; and(iii) facilitate-responsible casino gaming; and(iv) prevent money laundering and the financingof terrorist activities in relation to casinogaming;( e ) advise the Minister on matters of general policyrelating to casino gaming in Jamaica; andu carry out such other functions pertaining to casinogaming as may be assigned to it by or under this Actor any other enactment.-7. 1)The Minister may, after consultation with the chairman, give to the Commission directions of a general characteras to&he policy to be followed in the exercise or discharge of its- functions in relation to any matter appearing to him to concernthe public interest; and the Commission shall give effect to anysuch directions.'(2) The Commission shall-[The inclusion of this page is authorized by L.N. 92c/2012]POIICYdirections.
14ICASINO GAMING(a) furnish to the Minister such information as he mayrequire with respect to the property and activities ofthe Commission; and(b) afford to the Minister facilities for verifying such information in such manner and at such times as he mayreasonably require.,Dele,Oatlonof funct onsIIIIIIII8.-(1) The Commission may, subject to the approval ofthe Minister, delegate any of its functions under this Act(other than the power of delegation or the power to make regulations) to any member, officer, employee or agent of the Commission.(2) Every delegation under subsection (1) is revocableby the Commission, and the delegation of a function shallnot preclude the performance of that function by the Commission.(3) Any person to whom a delegation is made under thissection shall furnish to the Commission, from time to time, suchinformation as the Commission may require with respect to theexercise of any of the functions so delegated.IIIIPART111. Approved Integrated Resort Development!1 Declarat onof approvedI1resortdevelopment1II1i11I9.-(1) Subject to the provisions of this Act, the Ministermay, by order, declare an integrated resort development to be anapproved integrated resort development.(2) The Minister shall ensure that during the specifiedperiod the number of orders under subsection (1) in operation atany particular time shall be not more than three, or such othernumber as the Minister may by order, subject to affirmativeresolution, determine.(3) The Minister shall not make an order under subsection (1) unless he is satisfied as to the following matters,namely that(a) the integrated resort development, when completed,will be comprised of one or more hotels providing inthe aggregate at least two thousand associated hotelrooms,[The inclusion of this page is authorized by L.N. 92 /2012]
CASINO GAMINGexcluding hotel rooms already in existence orunder construction prior to the making of anapplication under section 10;( b ) not less than one thousand associated hotel rooms inthe integrated resort development will be available foroccupancy prior to the date of commencement of theoperation of any casino in the development;(c) the enterprise relating to the integrated resort development is likely to be successful having regard to(i) the manner in which it is proposed to beoperated;(ii) the availability of adequate financing for itsestablishment, operation and maintenance;and(iii) the economic effects of its operations;( 4 there is no ground, in.the public interest, to refuse to. - make the order.(4) An order made by the Minister under subsection (1)shall specify( a ) ,the.site of the integrated resort development;.,( b ) the date on or by which construction and operation.of one or more of the hotels will commence; and(c) where the Minister has determined, pursuant to section 12(1), that the developer shall be grantedexclusivity status, the exclusivity period and theexclu
CASINO GAMING 5 THE CASINO GAMING ACT Act I l of 2010. [ 3rd June. 201 0.1 PART I. Preliminary 1. This Act may be cited as the Casino Gaming Act. Short title 2.-(1) In this Act
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