Title 32, Sports and Parks
20 chapters · 326 sections in this title.
32 V.I.C. § 401 Short title; declaration of policy and legislative findings
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(a) This chapter shall be known as the “Virgin Islands Casino and Resort Control Act of 1995.” (b) The Legislature finds that:(1) The Virgin Islands population as of the 1990 census was 101,809:50,139 persons on St. Croix48,166 persons on St. Thomas; and3,504 persons on St. John.…
32 V.I.C. § 402 Definitions
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(1) As used in this chapter, the words and terms have the meanings ascribed unless a different meaning clearly appears in the context.(1) “Affiliate” — A person that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common contr…
32 V.I.C. § 403 Words and term: tense, number and gender
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(a) In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from the context:(a) Words in the present tense shall include the future tense.(b) Words in the masculine shall include the feminine and neuter genders.(c) Words in the sing…
32 V.I.C. § 404 Creation of Casino Control Commission; number of members
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The Virgin Islands Casino Control Commission, consisting of three (3) members, is hereby created as an independent agency of the executive branch of the Government of the Virgin Islands, whose budget shall be approved annually by the Legislature of the Virgin Islands.
32 V.I.C. § 405 Members of the Commission; qualifications and eligibility
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(a) Each member of the Commission shall be a citizen of the United States and a bona fide resident of the Virgin Islands. Two (2) shall be residents of St. Croix, one shall be a resident of St. Thomas/St. John district. The provisions of this subsection shall become effective upo…
32 V.I.C. § 406 Appointment and terms of Commission members
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(a) Initial appointments to the Commission made pursuant to this chapter shall be for terms as follows:(1) Two members for 2 years;(2) Two members for 3 years; with one member residing on the island of St. Thomas and one member residing on the island of St. John;(3) Two members f…
32 V.I.C. § 407 Compensation of members
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Each member of the Commission shall receive a minimum compensation of $60,000.00 per annum, not to exceed $100,000.00 per annum. The Chairman shall receive $5,000.00 per annum in addition to his salary as a member of the Commission, the Chairman's salary not to exceed $105,000.00…
32 V.I.C. § 408 Organization and employees — Casino Control Commission
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(a) The Commission may establish, and from time to time alter, such plan of organization as it may deem expedient, and may incur expenses within the limits of funds available to it. (b) The Commission shall elect annually by a majority of the full Commission one of its members, o…
32 V.I.C. § 409 Division of Gaming Enforcement
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There is hereby established in the Department of Justice the Division of Gaming Enforcement. The Division shall be under the immediate supervision of a Director who shall also be sworn as an Assistant Attorney General and who shall administer the work of the division under the di…
32 V.I.C. § 410 Organization and employees — Division of Gaming Enforcement
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(a) The Attorney General shall organize the work of the Division in such bureaus and other organizational units as he/she may determine to be necessary for efficient and effective operation and shall assign to the Division such employees of the Department of Justice as may be nec…
32 V.I.C. § 411 Restrictions on pre-employment by Commissioners, Commission employees and Division employees and agents
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(a) No person shall be appointed to or employed by the Commission or Division if, during the period commencing three (3) years prior to appointment or employment, said person held any direct or indirect interest in, or any employment by, any person which is licensed as a casino l…
32 V.I.C. § 412 Employment restrictions on Commissioners, Commission employees and Division employees
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(a) The Virgin Islands Conflict of Interest Law as provided in Title 3, chapter 37 of this code shall apply to members of the Commission and to all employees of the Commission and the Division, except as herein specifically provided. (b) The Commission shall, no later than June 1…
32 V.I.C. § 413 Post-employment restrictions
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(a) No member of the Commission shall hold any direct or indirect interest in, or be employed, retained or hired as a consultant by, any applicant or by any person licensed by or registered with the Commission for a period of two (2) years commencing on the date his membership on…
32 V.I.C. § 414 Applicant and licensee liability for violations
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(a) No applicant or person or organization licensed by or registered with the Commission shall employ or offer to employ, or provide, transfer or sell, or offer to provide, transfer or sell any interest, direct or indirect, in any person licensed by or registered with the Commiss…
32 V.I.C. § 415 Duties of the Commission
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(a) The Casino Control Commission shall have general responsibility for the implementation of this chapter, as hereinafter provided, including, without limitation, the responsibility:(a) To hear and decide promptly and in reasonable order all license, registration, certificate, a…
32 V.I.C. § 416 Commission powers — denial and sanctions
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The Commission shall ensure, to the extent required by this chapter, that licenses, approvals, certificates, or permits shall not be issued to, nor held by, nor shall there be any material involvement, directly or indirectly, with the licensed casino operations or the ownership t…
32 V.I.C. § 417 Subpoenas: Oaths
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The Commission shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within this Territory, to administer oaths and to require testimony under oath before the Commission or Division in the course of any investigation or heari…
32 V.I.C. § 418 Investigative hearings
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The Commission shall have the authority to conduct investigative hearings concerning the conduct of gaming and gaming operations as well as the development and well-being of the industries controlled by this chapter.
32 V.I.C. § 419 Testimonial immunity
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The Commission may order any person to answer a question or questions or produce evidence of any kind and confer immunity as provided in this section. If, in the course of any investigation or hearing conducted under this chapter, a person refuses to answer a question or produce …
32 V.I.C. § 421 Regulations
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(a) The Commission shall be authorized to adopt, amend or repeal such regulations, consistent with the policy and objectives of this chapter, as it may deem necessary or desirable for the public interest in carrying out the provisions of this chapter. (b) Such regulations shall b…
32 V.I.C. § 422 Required regulations
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(a) The Commission shall, without limitation on the powers conferred in the preceding section, include within its regulations the following specific provisions in accordance with the provisions of this chapter:(a) Prescribing the methods and forms of application which any applica…
32 V.I.C. § 423 Regulation requiring exclusion of certain persons; repeat offenders excludable from casino hotels
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(a) The Commission shall, by regulation, provide for the establishment of a list of persons who are to be excluded or ejected from any licensed casino establishments. Such provisions shall define the standards for exclusion, and shall include standards relating to persons;(1) Who…
32 V.I.C. § 423a Voluntary self-exclusion from licensed casinos
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(a) The Commission shall, by regulation, provide for the establishment of a list of persons who voluntarily seek to be excluded from gaming activities at all licensed casinos. The regulations must include procedures relating to:(1) the application of any person to request volunta…
32 V.I.C. § 424 Commission reports and recommendations
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The Commission shall carry on a continuous study of the operation and administration of casino control laws which may be in effect in other jurisdictions, literature on this subject which may from time to time become available, federal laws which may affect the operation of casin…
32 V.I.C. § 425 Meetings and quorum
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(a) Meetings of the Commission will be held at the discretion of the chairman at such times and places as he may deem necessary and convenient, or at the call of two (2) members of the Commission. The Commission shall notify all Commission members of any such meeting, and shall c…
32 V.I.C. § 426 Minutes and records
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(a) The Commission shall cause to be made and kept a verbatim record of all proceedings held at public meetings of the Commission, which record shall be open to public inspection. A true copy of the minutes of every meeting of the Commission and of any regulations finally adopted…
32 V.I.C. § 427 Powers not enumerated
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The Commission may exercise any proper power or authority necessary to perform the duties assigned to it by law, and no specific enumeration of powers in this chapter shall be read to limit the authority of the Commission to administer this chapter.
32 V.I.C. § 428 General duties and powers
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(a) The Division of Gaming Enforcement shall promptly and in reasonable order investigate all applications, enforce the provisions of this chapter, and any regulations promulgated hereunder, and prosecute before the Commission all proceedings for violations of this chapter or any…
32 V.I.C. § 429 Criminal violations; prosecution; law enforcement powers of division and its employees and agents
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The Division and its employees and agents shall have such other law enforcement powers as may be delegated to it by the Attorney General to effectuate the purposes of this chapter. The Division shall prosecute all criminal violations of this chapter. To effectuate this power, the…
32 V.I.C. § 430 Cooperation by licensees, registrants or applicants
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Each licensee or registrant, or applicant for a license or registration under this chapter shall cooperate with the Division in the performance of its duties.
32 V.I.C. § 431 Inspection, seizure, and warrants
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(a) The Division and its employees and agents, upon approval of the director, shall have the authority, without notice and without warrant:(1) To inspect and examine all premises wherein casino gaming is conducted; or gaming devices or equipment are manufactured, sold, distribute…
32 V.I.C. § 432 General provisions
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(a) It shall be the affirmative responsibility of each applicant and licensee to establish by clear and convincing evidence his individual qualifications, and for a casino licensee the qualifications, of each person who is required to be qualified under this chapter as well as th…
32 V.I.C. § 433 Statement of compliance
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(a) (1) The Commission may in its discretion issue a statement of compliance to an applicant for any license or for qualification status under this chapter at any time the Commission is satisfied that the applicant has established by clear and convincing evidence that one or more…
32 V.I.C. § 434 Casino license applicant eligibility
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(a) No casino shall operate unless all necessary license and approvals therefor have been obtained in accordance with law. (b) Except as provided in subsection (d), only the following persons shall be eligible to hold a casino license; and, unless otherwise determined by the Comm…
32 V.I.C. § 435 Approved hotel
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(a) An approved hotel for the purposes of this chapter shall be a hotel providing qualifying sleeping units, qualifying public indoor space and casino space in accordance with this section. Nothing in this section shall be construed to limit the authority of the Commission to det…
32 V.I.C. § 435a Limits on the horse racetrack casino license in St. Croix
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(a) The Commission may issue only one racetrack casino license on St. Croix. (b) The horse racetrack casino in St. Croix may not operate or be authorized to operate more than 200 slot machines. (c) No other type of gaming machine or casino gaming activity may take place at the ho…
32 V.I.C. § 436 Casino license — Applicant requirements
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(a) An applicant for a casino license, including an application for a casino license to operate at the horse racetrack on St. Croix must produce information, documentation and assurances concerning the following qualification criteria:(a) Each applicant shall produce such informa…
32 V.I.C. § 437 Additional requirements
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(a) In addition to other information required by this chapter, a corporation applying for a casino license shall provide the following information:(1) The organization, financial structure and nature of all businesses operated by the corporation; the names and personal employment…
32 V.I.C. § 438 Casino license — Disqualification criteria
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(a) The Commission shall deny a casino license to any applicant who is disqualified on the basis of any of the following criteria:(a) Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance with the provisions of this chapt…
32 V.I.C. § 439 Investigation of applicants for casino licenses; order approving or denying license — Requirement to begin casino project within six (6) months of approval
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(a) Upon the filing of an application for a casino license and such supplemental information as the Commission may require, the Commission shall request the Division to conduct such investigation into the qualification of the applicant, and the Commission shall conduct a hearing …
32 V.I.C. § 440 Renewal of casino licenses
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(a) Subject to the power of the Commission to deny, revoke, or suspend licenses, any casino license in force shall be renewed by the Commission for the next succeeding license period upon proper application for renewal and payment of license fees and taxes as required by law and …
32 V.I.C. § 441 Licensing of casino key employees
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(a) No person may be employed as a casino key employee unless he is the holder of a valid casino key employee license issued by the Commission. (b) Each applicant must, prior to the issuance of any casino key employee license, produce information, documentation and assurances con…
32 V.I.C. § 442 Licensing of casino employees
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(a) No person may commence employment as a casino employee unless he is the holder of a valid casino employee license. (b) Any applicant for a casino employee license must, prior to the issuance of any such license, produce sufficient information, documentation and assurances to …
32 V.I.C. § 443 Registration of casino service employees
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(a) No person may commence employment as a casino service employee, unless that person has been registered with the Commission, which registration shall be in accordance with subsection (f) of this section. (b) Any applicant for casino service employee registration shall produce …
32 V.I.C. § 444 Licensing and registration of casino service industries
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(a) (1) All casino service industries offering goods or services which directly relate to casino or gaming activity, including gaming, internet gaming and internet gambling and simulcast wagering equipment manufacturers, suppliers and repairers, schools teaching gaming and either…
32 V.I.C. § 445 Registration of labor organizations
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(a) Each labor organization, union or affiliate seeking to represent employees licensed or registered under this chapter and employed by a casino hotel or a casino licensee shall register with the Commission annually, and shall disclose such information to the Commission as the C…
32 V.I.C. § 446 Approval and denial of registration and licenses other than casino licenses
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(a) Upon the filing of an application for any license or registration required by this chapter, other than a casino license, and after submission of such supplemental information as the Commission may require, the Commission shall request the Division to conduct such investigatio…
32 V.I.C. § 447 Applicability and requirements
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(a) Except as provided in subsection (b) of this section, whenever any person contracts to transfer any property relating to an ongoing casino operation, including a security holding in a casino licensee or holding or intermediary company, under circumstances which require that t…
32 V.I.C. § 448 Commission consideration of request for interim casino authorization
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(a) The Commission may grant interim authorization where it finds by clear and convincing evidence (1) that statements of compliance have been issued pursuant to sections 433, 434(c), (d) and (e), 436(e) and 506 of this title; (2) that the casino hotel facility is an approved hot…
32 V.I.C. § 449 Provisions and application of trust agreement
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(a) (1) Where the applicant is not required to obtain a casino license, the trust agreement filed pursuant to section 447 of this title shall transfer and convey all of the applicant's present and future right, title and interest in the property described in section 447, includin…