2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article IV - Casino Control Commission — Duties and Powers
§ 423a. Voluntary self-exclusion from licensed casinos

(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 voluntary placement on the self-exclusion list by acknowledging, in a manner established by the Commission, that the person is a problemed [sic] gambler and by agreeing that, during the period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from gaming activity at licensed casinos;

• (2) the creation of a list of persons self-excluded from gaming activities at licensed casinos;

• (3) the establishment of a procedure that allows a person to petition the Commission for removal of his name from the self-exclusion list after a one, two or three-year period, whichever the persons [sic] elects;

• (4) the establishment of a procedure for the transmittal of identifying information concerning self-excluded persons to licensed casinos;

• (5) the requirement of licensed casino operators to establish internal controls providing for the removal of self-excluded persons from mailings or other forms of marketing and the denial of access to credit, check cashing privileges and other similar benefits;

• (6) the establishment of a method for informing casino patrons of the self-exclusion list and explaining how a person may add or remove his name from the list; and

• (7) the creation of a waiver and release that releases and forever discharges the Government of the Virgin Islands, the Commission and its employees and agents, the Division of Gaming Enforcement and casino licensees and their employees and agents from any liability to the person requesting self-exclusion for any injury, monetary or otherwise which may arise out of or by reason of any act or omission relating to the request for self-exclusion or request for removal from the self-exclusion list. The waiver and release must also contain an acknowledgment by the person requesting self-exclusion that during the period of voluntary exclusion the person will be deemed to be a trespasser upon entering any casino space in the Virgin Islands.

(b) The application created by the Commission must be filled out at the offices of the Casino Control Commission and must:

• (1) seek information for proper identification of the person requesting to be placed on the self-exclusion list, including the person's name, any aliases or nicknames, date of birth, address of current residence, telephone number of current residence, social security number if voluntarily provided in accordance with section 7 of The Privacy Act, 5 U.S.C. § 552a; and physical description, including gender, height, weight, hair and eye color, and any other physical characteristics that may assist in the identification of the individual;

• (2) have a photograph of the applicant attached to it;

• (3) contain an acknowledgement by the applicant that he has read and consents to the waiver and release described in subsection (a)(7) of this section and to the enforcement of his agreement to be placed on the self-exclusion list; and

• (4) include a certification by the applicant that the information provided on the application form is true and correct.

(c) The Commission, the Division of Gaming Enforcement, and the casino licensee, their employees and agents may not make the self-exclusion list available to the public.

(d) No casino licensee, or its employees or agents may willfully disclose the name of, or any information about, any person who has requested self-exclusion to anyone other than employees or agents of the casino licensee whose duties and functions require access to such information.

(e) A self-excluded person may not collect any winnings or recover any losses arising as a result of any gaming activity incurred while on the self-exclusion list.

(f) Any person convicted of knowingly entering a licensed casino while listed on the self-excluded list is guilty of a misdemeanor punishable by imprisonment for not more than thirty days, or by a fine of $50, or by both the fine and imprisonment as provided in this subsection.

(g) Any money or thing of value that has been obtained by or is owed to a self-excluded person is subject to forfeiture by the Commission following notice to the self-excluded person and an opportunity to be heard. The Commission shall deposit the forfeited amount into the Casino Revenue Fund for appropriation by the Legislature of the Virgin Islands to any public or private entity for gambling treatment programs.

(h) The Commission may order in any proceeding brought by the Commission against a casino licensee for willful violation of this section, the payment of a fine and suspension or revocation of a license, or both the fine and suspension or revocation. Any money or thing of value obtained by the licensee from any self-excluded person is subject to forfeiture by the Commission. The Commission shall deposit the fine and forfeited amount into the Casino Revenue Fund as provided in subsection (g) of this section.

(i) The Government of The Virgin Islands, the Commission and its employees and agents, the Division of Gaming and Enforcement and casino licensees and their employees and agents are not liable to any person requesting self-exclusion and his heirs, administrators, executors and assigns for any harm, monetary or otherwise, which may arise from or by reason of any act or omission relating to the request for self-exclusion or request for removal from the self-exclusion list including: its processing or enforcement; permitting a self-excluded person to gain entry to a licensed casino while on the self-excluded list; the exercise of duties pursuant to the administration or enforcement of the chapter and the related regulations; or disclosure of the information contained in a self-exclusion application or of an individual on the self-exclusion list, except for a willful unlawful disclosure of such information by a licensed casino.