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
§ 426. Minutes and records
(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 by the Commission shall be forthwith delivered, by and under the certification of the executive secretary, to the Governor, and the President of the Legislature. A transcript will also be made available to any other person upon payment by that person of the costs of preparation.
(b) The Commission shall keep and maintain a list of all applicants for licenses and registrations under this chapter together with a record of all actions taken with respect to such applicants, which file and record shall be open to public inspection; provided, however, that the foregoing information regarding any applicant whose license or registration has been denied, revoked, or not renewed shall be removed from such list after five years from the date of such action.
(c) The Commission shall maintain such other files and records as may be deemed desirable.
(d) Except as provided in subsection (h) of this section, all information and data required by the Commission to be furnished hereunder, or which may otherwise be obtained, relative to the internal controls specified in section 455(a) of this title or to the earnings or revenue of any applicant, registrant, or licensee shall be considered to be confidential and shall not be revealed in whole or in part, except in the course of the necessary administration of this chapter, or upon lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law enforcement agency.
(e) All information and data pertaining to an applicant's criminal record, family, and background furnished to or obtained by the Commission from any source shall be considered confidential and shall be withheld in whole or in part, except that any information shall be released upon the lawful order of a court of competent jurisdiction or, with the approval of the Attorney General, to a duly authorized law enforcement agency.
(f) Notice of the contents of any information or data released, except to a duly authorized law enforcement agency pursuant to subsection (d) or (e) of this section, shall be given to any applicant, registrant, or licensee in a manner prescribed by the rules and regulations adopted by the Commission.
(g) Files, records, reports, and other information in the possession of the Office of Management and Budget pertaining to licensees shall be made available to the Commission and the division as may be necessary to the effective administration of this chapter.
(h) The following information to be reported quarterly to the Commission by a casino licensee shall not be considered confidential and shall be made available for public inspection:
(1) A licensee's gross revenue from all authorized games as herein defined;
(2) (a) The dollar amount of patron checks initially accepted by a licensee, (b) the dollar amount of patron checks deposited to the licensee's bank account, (c) the dollar amount of such checks initially dishonored by the bank and returned to the licensee as “uncollected”, and (d) the dollar amount ultimately uncollected after all reasonable efforts;
(3) The amount of gross revenue tax or investment alternative tax actually paid and the amount of investment, if any, required and pursuant to section 515 of this title and subsection 3 of section 516 of this title.
(4) A list of the premises and the nature of improvements, costs thereof and the payee for all such improvements, which were the subject of an investment required and allowed pursuant to section 515 and subsection 3 of section 516;
(5) The amount of profits, if any, recaptured pursuant to section 521 of this title;
(6) A list of the premises, nature of improvements and costs thereof for consideration as investments pursuant to section 516;
(7) All quarterly and annual financial statements presenting historical data which are submitted to the Commission, including all annual financial statements which have been audited by an independent certified public accountant licensed to practice in the Virgin Islands. Nothing in this subsection shall be construed to limit access by the public to those forms and documents required to be filed pursuant to Article 11 of this chapter.
