Casino - Licensing And Operation Of Casinos (Ss 8-20)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1494

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PART III
Licensing and Operation of Casinos (ss 8-20)

[Ch1901s8]8. Licence

(1) The Board may grant and issue to a person a

licence to establish and operate a casino if that person-

(a) satisfies

the Board that he will be the occupier of the whole of the casino, with such

security of tenure as the Board may deem adequate, and that he intends to

manage the operation of the whole of the facilities of the casino;

(b) satisfies

the Board that he is a person of integrity or in a case of a company that it is

directed by persons of integrity;

(c) satisfies

the Board that he has adequate financial means available to establish and

operate a casino of a high standard;

(d) satisfies

the Board by plans and specifications submitted to it that the casino will be

of a high standard of amenity, appearance and comfort;

(e) undertakes

if the said plans and specifications are approved by the Board, to commence,

carry on and complete within15 months, or such longer period as the Board may

in its discretion fix, any works necessary to bring the casino into accord

therewith;

(f) deposits

with the Accountant-General such security as the Board may consider adequate

for the meeting of any obligations which he may incur to persons gaming in the

casino; and

(g) being a

body corporate, is a company or an external company within the meaning of the Cap. 42:01 Companies Act.

(2) A licence shall specify and define the area in

the casino where gaming may be conducted.

(3) The Board may attach conditions to a licence-

(a) relating

to the games to be played in any gaming room;

(b) relating

to the method of operation of any game;

(c) relating

to the operation of any hotel forming part of the casino;

(d) for the

purpose of ensuring that the operation of the casino does not detract from the

natural beauty or the amenities of any place near the casino;

(e) for the

purpose of ensuring that the operation of the casino accords with decency,

dignity, good taste and honesty;

(f) requiring the

submission to the Board of such reports and returns relating to the operation

of the casino as the Board may from time to time require;

(g) relating

to the days and hours when gaming may be carried on at the casino;

(h) relating

to any other matter which in the opinion of the Board requires to be regulated.

(4) Where the Board is of the opinion that it is

necessary or expedient to do so for the better attainment of the objects and

purposes of this Act, it may, by written notice served on a licensee, from time

to time vary the conditions attached to his licence.

(5) Subject to the provisions of this Act, a

licence shall be valid for 10 years commencing on the date of the grant of the

licence but may be renewed on such terms and conditions as the Board may deem

fit.

(6) The Board when granting and issuing a licence

under the provisions of subsection (1) may, with the approval of the Minister,

provide in such licence that such licence shall confer exclusive authority on

the licensee to establish and operate a casino within any area specified in the

licence, and when the Board has so provided it shall, so long as such licence

remains in force, grant and issue a licence in respect of such area to no

person other than the said licensee.

[Ch1901s9]9. No alterations to casino premises without Board's approval

No additions, alterations or improvements to the

premises of a casino, including the addition or alteration of

advertisements,signs and hoardings on the premises, shall be effected without

prior written approval thereof having been obtained from the Board on written

application made to it accompanied by a proper plan and specification of such

proposed additions,alterations or improvements.

[Ch1901s10]10. Revocation or surrender of licence

(1) The Board, subject to the approval of the

Minister,may at any time revoke a licence or may refuse to renew it if-

(a) it has

been ascertained that any information given to the Board by the licensee for

the purpose of obtaining the grant of the licence was, at the time when the

information was given, false in a material particular;

(b) the

licensee has, without reasonable excuse, failed to comply with a term or

condition of the licence or a requirement or prohibition of this Act applicable

to the licensee;

(c) the

licensee is convicted of an offence against a law relating to gaming, betting

or lotteries;

(d) the

licensee is twice convicted within 12 months under the Cap. 43:11 Liquor Act, as read with section 18(4), of

the offence of permitting drunkenness or violent or riotous conduct within a

gaming room forming part of the casino;

(e) the

licensee or, in the case of a company, the managing director or other officer

managing the company-

(i) has

been convicted in a court in Botswana or elsewhere of an offence involving

dishonesty and sentenced to imprisonment without the option of a fine; and

(ii) has

not received a free pardon in respect of the offence;

(f) the

licensee ceases, without the consent of the Board-

(i) to

be the occupier of the whole of the casino; or

(ii) to

manage the operation of the whole of the facilities of the casino;

(g) the

casino, or part thereof, ceases to carry on business in accordance with this

Act; or

(h) the

Government establishes in any civil proceedings that the licensee has in any

respect breached any agreement to which the Government and the licensee are

parties which concerns the casino referred to in the licence or matters

relating to such casino.

(2) When any licence is revoked or the renewal of

any licence is refused in accordance with subsection (1) the Board shall give

reasons for the revocation or refusal.

(3) A licensee may surrender his licence on such

conditions as the Board, with the approval of the Minister, may stipulate.

[Ch1901s11]11. Revocation of licence following conviction

(1) When a licensee or, if the licensee is a

company, the managing director or other officer managing the company-

(a) has been

convicted of an offence relating to the operation of the casino and sentenced

to imprisonment without the option of a fine; and

(b) has not

received a free pardon in respect of the offence,

the Commissioner of Police, or any other police officer deputed by him

for the purpose, may petition the Board to revoke the licence.

(2) The petition shall be heard at a special

meeting of the Board-

(a) of

which the Board shall give the petitioner and the licensee notice; and

(b) at

which either party may be present or represented.

(3) On

the hearing of the petition the Board may, if good cause is shown why the

licence should be revoked, decide to revoke the licence.

(4) The

Board may, with the approval of the Minister, act upon a decision made in

pursuance of subsection (3).

[Ch1901s12]12. Appeals

(1) A person aggrieved by-

(a) the

revocation of a licence; or

(b) the

refusal of the Board to renew a licence,

may within 30 days appeal to the High Court in accordance with the rules

of that court.

(2) The High Court, on such appeal, having heard

such evidence as the parties may adduce, shall make such order as justice may

require.

(3) When a licence is revoked-

(a) the

licence shall be deemed to remain in force during the period within which an

appeal may be brought under this section; and

(b) after

such an appeal has been brought, a judge of the court may suspend the

revocation until the determination or abandonment of the appeal.

[Ch1901s13]13. Operation of casino

(1) A licensee shall-

(a) ensure

that the operation of his casino accords with decency, dignity, good taste and

honesty;

(b) in

accordance with the conditions of his licence permit and organize the playing

of games with cards, dice or mechanical contrivances or devices (including

roulette) for money or money's worth;

(c) subject

to the requirements of this Act, provide refreshments to suit the personal

needs of the visitors to the casino;

(d) operate

the casino, including any hotel forming part thereof, in accordance with the

conditions of his licence; and

(e) generally

operate the casino in accordance with this Act.

(2) The licensee shall make rules relating to the

method of playing games, which rules shall be subject to the approval of the

Board.

[Ch1901s14]14. Right of certain police officers to enter casino

(1) A police officer of the rank of Inspector or

above may at any time, without a search warrant, enter a casino for the purpose

of preventing or detecting the commission of an offence, or of investigating

the conduct of persons therein.

(2) Any police officer entering a casino in

pursuance of subsection (1) shall submit a written report on his visit to the casino

to the Commissioner of Police who shall within 14 days of receiving such report

give written notice of such entry to the Board.

(3) A person who, by himself or by a person in his

employ or acting with his consent, fails to admit a police officer who, in

pursuance of subsection (1), demands entry into the premises of a casino shall

be guilty of an offence and liable to a fine not exceeding P100 or to

imprisonment for a term not exceeding three months, or to both.

[Ch1901s15]15. Prohibition of certain persons from entering casino premises

(1) Where a court convicting a person of an

offence is of opinion that by reason of the nature of the offence or the

circumstances under which it was committed it is undesirable in the interests

of public order, morality or fair play that such person should be permitted to

enter any casino or any part or parts thereof, the court may issue a written

order prohibiting him from entering such casino, or the part or parts thereof

specified in the order for a period to be stated in the order.

(2) Any person against whom an order has been made

under subsection (1) may apply to the High Court for the review of such order.

(3) Where a court makes an order under subsection

(1) the clerk of the court shall as soon as practicable cause a copy of the

order to be delivered to the licensee of any casino named in the order.

(4) A

person who contravenes an order made under this section, or aids and abets or

permits such a contravention, shall be guilty of an offence and liable to a

fine not exceeding P100 or to imprisonment for a term not exceeding three

months, or to both.

[Ch1901s16]16. Prohibition of gaming by certain persons

(1) A person who-

(a) is a

member or employee of the Board or is in any way concerned in the management,

regulation, supervision,control or administration of a casino, or is in any way

employed in or about a casino; and

(b) participates

in the playing of a game in the gaming area of the casino, except in so far as

he may be required to do so by the nature of his employment in conducting the

game so as to enable other persons to play at the game,

shall be guilty of an offence.

(2) A person under the age of 18 years who in any

casino-

(a) plays

or takes part in any game; or

(b) enters

the gaming area of a casino,

shall be guilty of an offence.

(3) Any licensee or servant of a licensee who

permits a person under the age of 18 years, or any parent or guardian of a

person under the age of 18 years who permits such person to-

(a) play or

take part in any game in the gaming area of a casino; or

(b) enter

or remain in the gaming area of a casino which is open for play,

shall be guilty of an offence:

Provided that it shall be a defence to any charge

under this subsection that the accused neither knew nor had reasonable cause to

suspect that the person concerned was under the age of 18 years.

[Ch1901s17]17. Persons to participate in games only on cash basis

(1) No person shall participate in any game in a

casino,and no licensee or servant of a licensee shall permit any person to

participate in any game in a casino, except on a cash basis.

(2) For the purposes of this section-

"cash" includes travellers' cheques and

credit cards but excludes personal cheques and other forms of credit.

(3) Any person who contravenes subsection (1)

shall be guilty of an offence.

[Ch1901s18]18. Sale, etc. of intoxicating liquor

(1) Notwithstanding anything contained in the Cap. 43:11 Liquor

Act, or any other law it shall not be necessary for a licensee to obtain, in

respect of the casino, or any part thereof, a licence under that Act or other

law for the sale, supply or consumption of intoxicating liquor or other

refreshments in accordance with this section.

(2) A licensee may at any time when a gaming room

is lawfully open for play, sell or supply in that room intoxicating liquor and

other refreshments for consumption in that room (including any adjoining room

or verandah).

(3) Intoxicating liquor may be sold, supplied and

consumed in parts of the casino, other than the gaming rooms, during the hours

permitted by or under the Liquor Act, for the sale of liquor under an hotel

liquor licence but may not be sold or supplied for consumption off the casino.

(4) Except as is otherwise provided in this

section, such provisions of the Liquor Act, as apply to premises licensed under

that Act (including the grant of privileges for an extension of hours in the

case of an hotel liquor licence) shall also apply, mutatis mutandis, to

a casino.

[Ch1901s19]19. Non-application of certain laws

(1) Notwithstanding anything contained in the Cap. 43:02 Trade

Act, a licensee may carry on the trade or business of selling any goods by

retail in such part of a casino as is specified in the licence without being

required to hold a general trading licence or small general trading licence in

terms of that Act.

(2) None

of the provisions of sections 19 to 22 of the Cap. 19:02 Lotteries and Betting Act or

section 179(c) of the Cap. 08:01 Penal Code and nothing contained in any law

relating specially to lotteries or games of chance shall apply in respect of a

casino.

[Ch1901s20]20. Advertising

Subject to any regulations made under this Act, it

shall be lawful to advertise a casino and the games to be played therein.