2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article I - Introduction and General Provisions
§ 402. Definitions

(1) “Affiliate” — A person that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, the affiliated person.

(2) “Applicant” — Any person who on his own behalf or on behalf of another has applied for permission to engage in any act or activity which is regulated under the provisions of this chapter.

(3) “Application” — A written request for permission to engage in any act or activity which is regulated under the provisions of this chapter.

(4) “Authorized game” or “authorized gambling game” — Roulette, baccarat, blackjack, craps, big six wheel, slot machines, minibaccarat, poker, keno, Caribbean stud poker, pai gow, pai gow poker and sic bo and any variations or composites of such games, provided that such variations or composites are found by the Commission suitable for casino use after an appropriate and any other game which is determined by the Commission to be compatible with the public interest and to be suitable for casino use after appropriate test or experimental period as the Commission may deem appropriate under such terms and conditions as the Commission may deem appropriate.

(5) “Bona fide resident” — Notwithstanding any law to the contrary, “bona fide resident” shall be defined as a “Native Virgin Islander” or a person who is domiciled in the Virgin Islands continuously for at least five (5) years.

(6) “Casino” or “casino room” or “licensed casino” — One or more locations or rooms in which casino gaming including associated amenities, such as food and beverage and ATMs is conducted in accordance with the provisions of this chapter.

(7) “Casino employee” — Any natural person employed in the operation of a licensed casino, including without limitation, boxmen; dealers or croupiers; floormen; machine mechanics; casino security employees; count room personnel; cage personnel; slot machine and slot booth personnel; collection personnel; casino surveillance personnel; and data processing personnel; or any other natural person whose employment duties require or authorize access to restricted casino areas, including, without limitation, appropriate maintenance personnel; waiters and waitresses; and secretaries.

(8) “Casino hotel employee” — Any natural person employed to perform services or duties in the conduct of the business of an approved hotel but who is not included within the definition of casino employee or casino key employee as stated in this chapter.

(9) “Casino hotel security employee” — Any natural person employed to provide physical security in the conduct of the business of an approved hotel but who is not included within the definition of “casino security employee” as stated herein.

(10) “Casino key employee” — Any natural person employed in the operation of a licensed casino in a supervisory capacity or empowered to make discretionary decisions which regulate casino operation, including without limitation, pit bosses; shift bosses; credit executives; casino cashier supervisors; casino managers and assistant managers; and managers or supervisors of casino security employees; or any other natural person empowered to make discretionary decisions which regulate the management of an approved hotel, including, without limitation, hotel managers; entertainment directors; and food and beverage directors; or any other employee so designated by the Casino Control Commission for reasons consistent with the policies of this chapter.

(11) “Casino license” — Any license issued pursuant to this chapter which authorizes holder thereof to own or operate a casino.

(12) “Casino security employee” — Any natural person employed by a casino licensee or its agent to provide physical security in a casino, simulcasting facility or restricted casino area. “Casino security employee” shall not include any person who provides physical security solely in any part of the casino hotel.

(13) “Casino service employee” — Any natural person employed to perform services or duties in a casino, casino simulcasting facility, or restricted casino area but who is not included within the definition of casino employee, casino key employee, or casino security employee as stated in this section.

(14) “Casino service industry” — Any form of enterprise which provides casino applicants or licensees with goods or services regarding the realty, construction, maintenance, or business of a proposed or existing casino hotel or related facility on a regular or continuous basis, including, without limitation, security businesses, gaming schools, manufacturers, distributors and servicers of gaming and casino simulcasting devices or equipment, garbage haulers, maintenance companies, food purveyors, and construction companies. Notwithstanding the foregoing, any form of enterprise engaged in the manufacture, sale distribution or repair of slot machines within the Virgin Islands, other than antique slot machines, shall be considered a casino service industry for the purposes of this chapter regardless of the nature of its business relationship, if any, were licensed casinos in this Territory.

(15) For the purposes of this section, “casino applicant” includes any person required to hold a casino license pursuant to section 434 of this title who has applied to the Commission for a casino license or any approval required under this chapter.

(16) “Casino simulcasting” — The simultaneous transmission by picture of horse races conducted at race tracks to casinos, and parimutuel wagering at those gambling establishments on the results of those races.

(17) “Chairman” and “commissioner” or “member” — The chairman and any member of the Casino Control Commission, respectively.

(18) “Commission” — The Virgin Islands Casino Control Commission.

(19) “Complimentary service or item” — A service or item provided at no cost or at a reduced price. The furnishings of a complimentary service or item by a casino licensee shall be deemed to constitute the indirect payment for the service or item by the casino licensee, and shall be valued in an amount based upon the retail price normally charged by the casino licensee for the service of item. The value or a complimentary service or item not normally offered for sale by a casino licensee or provided by a third party on behalf of a casino licensee shall be the cost to the casino licensee of providing service or item, as determined in accordance with the rules of the Commission.

(20) “Conservator” — A fiduciary appointed pursuant to the Article concerning Casino License Conservatorship in the Casino Control Act.

(21) “Conservatorship action” — An action brought pursuant to the Article concerning Casino License Conservatorship in the Casino Control Act for the appointment of a conservator.

(22) “Contract” — Notwithstanding any law to the contrary, the term “contract” shall hereafter be defined as a negotiated agreement between employee(s) and a legal representative or collective bargaining unit, whenever used in reference to labor, employment, procurement of services and related matters.

(23) “Creditor” — The holder of any claim, of whatever character, against a person, whether secured or unsecured, matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.

(24) “Debt” — Any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.

(25) “Director” — The Director of the Division of Gaming Enforcement.

(26) “Division” — The Division of Gaming Enforcement.

(27) “Encumbrance” — A mortgage, security interest, lien or charge of any nature in or upon property.

(28) “Equal employment opportunity” — Equality in opportunity for employment by any person licensed pursuant to the provisions of this chapter.

(29) “Equity security” —

• (A) Any voting stock of a corporation, or similar security;

• (B) any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security;

• (C) any such warrant or right; or

• (D) any security having a direct or indirect participation in the profits of the issuer.

(30) “Establishment” — Any premises wherein or whereon any gaming is done.

(31) “Family” — Spouse, parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews, nieces, fathers-in-law, mothers-in-law, daughters-in-law, sons-in-law, brothers-in-law and sisters-in-law, whether by the whole or half blood, by marriage, adoption or natural relationship.

(32) “Game” or “gambling game” — Any banking or percentage game located within the casino or simulcasting facility played with cards, dice or any electronic, electrical, or mechanical device or machine for money, property, or any representative of value.

(33) “Gaming” or “gambling” — The dealing, operating, carrying on, conducting, maintaining or exposing for pay of any game.

(34) “Gaming device” or “gaming equipment” — Any electronic, electrical, or mechanical contrivance or machine used in connection with gaming or any game.

(35) “Government” means the Government of the Virgin Islands.

(36) “Gross revenue” — The total of all sums, including checks received by a casino licensee pursuant to section 457 of this title, whether collected or not, actually received by a casino licensee from gaming operations, less only the total of all sums paid out as winnings to patrons and a deduction for uncollectible gaming receivables. The deduction for uncollectible gaming receivables shall not exceed the lesser of: (1) a reasonable provision for uncollectible patron checks received from gaming operations; or (2) four percent (4%) of the total of all sums including checks, whether collected or not, less than the amount paid out as winnings to patrons. Gross revenue shall not include any amount received by a casino from casino simulcasting.

(37) “Hearing examiner” — A Commissioner or other person authorized by the Commission to conduct hearings.

(38) “Holding company” — Any corporation, association, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly, owns has the power or right to control, or has the power to vote any significant part of the outstanding voting securities of a corporation which hold or applies for a casino license. For the purpose of this definition, in addition to any other reasonable meaning of the words used, a “holding company” indirectly has, holds or owns any such power, right or security if it does so through any interest in a subsidiary or successive subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant.

(39) “Institutional Investor” — Any retirement fund administered by a public agency for the exclusive benefit of federal, state, or territorial public employees; collective investment trust organized by banks; closed end investment trust; chartered or licensed life insurance company or property and casualty insurance company; banking and other chartered or licensed lending institution; and such other persons as the Commission may determine for reasons consistent with the policies of this chapter.

(40) “Intermediary company” — Any corporation, association, firm, partnership, trust or any other form of business organization other than a natural person which:

• (A) Is a holding company with respect to a corporation which holds or applies for a casino license.

• (B) Is a subsidiary with respect to any holding company.

(41) “Junket” — an arrangement the purpose of which is to induce any person, selected or approved for participation therein on the basis of his ability to satisfy a financial qualification obligation related to his ability or to his propensity to gamble, to come to a licensed casino hotel for the purpose of gambling and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a casino licensee or employee or agent thereof.

(42) “Junket enterprise” — Any person, other than the holder of or an applicant for a casino license, who employs or otherwise engages the services of a junket representative in connection with a junket to a licensed casino, regardless of whether or not those activities occur within the United States Virgin Islands.

(43) “Junket representative” — Any natural person who negotiates the terms of, engages in the referral, procurement or selection of persons who may participate in, any junket to a licensed casino, regardless of whether or not those activities occur within the Virgin Islands.

(44) “Legal residence” — Notwithstanding any law to the contrary, “legal residence” shall be defined as the place of domicile where a person continuously resides when not called elsewhere to work a government assignment, to study, or to serve active military duty; and that person is registered to vote in the Virgin Islands, except where otherwise exempted.

(45) “License” — Any license required by this chapter.

(46) “License or Registration Fee” — Any moneys required by law to be paid for the issuance or renewal of a casino license, or any other license or registration required by this chapter.

(47) “Licensed casino operation” — Any casino licensed pursuant to the provisions of this chapter.

(48) “Licensee” — Any person who is licensed under any of the provisions of this chapter.

(49) “Native Virgin Islander” — Notwithstanding any law to the contrary, “Native Virgin Islander” shall be defined as any person born in the Virgin Islands; any person who is an offspring of parent(s) born in the Virgin Islands; or any person born outside the Virgin Islands to Native Virgin Islands parent(s) while that parent(s) was studying abroad, employed abroad, or in active military service.

(50) “Operation” — The conduct of gaming as herein defined.

(51) “Operation certificate” — A certificate issued by the Commission which certifies that operation of a casino and, if applicable, a simulcasting facility conforms to the requirements of this chapter and applicable regulations.

(52) “Person” — Any corporation, association, operation firm, partnership, trust or other form of business association, as well as a natural person.

(53) “Principal employee” — Any employee who, by reason of remuneration or of a management, supervisory or policy-making position or such other criteria as may be established by the Commission by regulation, holds or exercises such authority as shall in the judgment of the Commission be sufficiently related to the operation of a licensee so as to require approval by the Commission in the protection of the public interest.

(54) “Property” — Real property, tangible and intangible personal property, and rights, claims and franchises of every nature.

(55) “Publicly traded corporation” — Any corporation other legal entity, except a natural person, which —

• (A) Has one or more classes of security registered pursuant to section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 78(l)), or

• (B) Is an issuer subject to section 15(d) of the Securities Exchange Act of 1934 as amended (15 U.S.C. § 78(o)), or

• (C) Has one or more classes of securities traded in any open market in any foreign jurisdiction or regulated pursuant to a statute of any foreign jurisdiction which the Commission determines to be substantially similar to either or both of the aforementioned statutes.

(56) “Qualifying indoor public space” — That space provided in a proposed casino hotel (including convention centers, meeting rooms, banquet halls, dining, entertainment and sports facilities) which is required to satisfy the requirements of section 435(b) of this chapter. “Qualifying indoor public space” shall not include lobby areas, hallways, casinos, parking areas or any open space required by Title 29, chapter 3 of the Virgin Islands Code.

(57) “Registration” — Any requirement other than one which requires a license as a prerequisite to conduct a particular business as specified by this chapter.

(58) “Registrant” — Any person who is registered pursuant to the provisions of this chapter.

(59) “Regulated complimentary service account” — An account maintained by a casino licensee on a regular basis which itemizes complimentary services and includes, without limitation, a listing of the cost of junket activities and any other service provided at no cost or reduced price.

(60) “Resident worker” — Notwithstanding any law to the contrary “Resident worker” shall be defined as any person who is domiciled in the Virgin Islands for at least six (6) months and who has been employed continuously in the Virgin Islands for not less than five years, and is registered to vote in the Virgin Islands, except where otherwise exempted.

(61) “Resort” — A destination property which offers the guest a full range of services, such as reservations, suites, public dining) and banquet facilities, lounge and entertainment areas (i.e.) theme parks, concert halls, cabaret and international shows) etc. room service, convention centers, meeting rooms, specialty shops, personal services (valet, laundry, hair care), swimming pool and other recreation facilities, ground transportation and an activities coordinator. Rest, relaxation, recreation and family entertainment are to be the focus of this class of accommodation.

(62) “Respondent” — Any person against whom a complaint has been filed or a written request for information has been served.

(63) “Restricted Casino Areas” — The cashier's cage, the soft count room, the hard count room, the slot cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the slot machine repair room and any other area specifically designated by the Commission as restricted in a licensee's operation certificate.

(64) “Security” — Any instrument evidencing a direct or indirect beneficial ownership or creditor interest in a corporation, including but not limited to, stock, common and preferred; bonds; mortgages; debentures; security agreements; notes; warrants; options and rights.

(65) “Security Measures” — Any provisions taken by the licensee to ensure the safety and security of the casino, its patrons, and its employees.

(66) “Self-exclusion list” — A compilation of names of persons who have voluntarily agreed to be excluded from all gaming activities and to be prohibited from collecting any winnings or recovering any losses at licensed casinos.

(67) “Simulcasting facility” — A facility established in a casino hotel to facilitate the simultaneous transmission of off site horse racing, where parimutuel wagering is conducted on those races.

(68) “Slot machine” — Any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash or to receive merchandise or any thing of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever, except that the cash equivalent value of any merchandise or other thing of value shall not be included in the total of all sums paid out as winnings to patrons for purposes of determining gross revenues as defined by this chapter or be included in determining the payout percentage of any slot machine. The Commission shall promulgate rules defining “cash equivalent value” in order to assure fairness, uniformity and comparability of valuation of slot machine payoffs. The term does not include a Video Lottery Terminal.

(69) “Statement of compliance” — A statement by the Commission which may be issued to an applicant indicating satisfactory completion of a particular stage or stages of the license consideration process, and which states that unless there is a change of any material circumstance pertaining to such particular stage or stages of license consideration involved in the statement, such applicant has complied with requirements mandated by this chapter and by the Commission and is therefore approved for license qualification to the stage or stages for which the statement has been issued.

(70) “Subsidiary” —

• (A) Any corporation, any significant part of whose outstanding equity securities are owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company; or

• (B) A significant interest in any firm, association, partnership, trust or other form of business organization, not a natural person, which is owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company.

(71) “Transfer” — The sale and every other method, direct or indirect, of disposing of or parting with property or with an interest therein, or with the possession thereof, or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance, sale, payment, pledge, mortgage, lien, encumbrance, gift, security or otherwise; the retention of a security interest in property delivered to a corporation shall be deemed a transfer suffered by such corporation.

(72) [Repealed.]

(73) “Virgin Islands” or “Territory” means the Virgin Islands.

(74) “Virgin Islands resident” — Notwithstanding any law to the contrary, “Virgin Islands resident” shall be defined as any person who is domiciled in the United States Virgin Islands for a minimum of six (6) months and is registered to vote in the Virgin Islands, except where otherwise exempted.

(75) “Work Permit” — An authorization granted to a casino licensee for the employment of a particular casino hotel employee, casino employee or casino key employee in a particular capacity.