2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VI - Licensing
§ 433. Statement of compliance
(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 particular eligibility criteria have been satisfied by an applicant. A request for the issuance of a statement of compliance pursuant to this paragraph shall be initiated by the applicant filing a petition with the commission. Before the commission refers any such petition to the division for investigation, the commission may require the applicant to establish to the satisfaction of the commission that the applicant actually intends, if found qualified, to engage in the business or activity that would require the issuance of the license or the determination of qualification status.
(2) Any person who must be qualified pursuant to this Act in order to hold the securities of a casino licensee or any holding or intermediary company of a casino licensee may, prior to the acquisition of any such securities, request the issuance of a statement of compliance by the commission that the person is qualified to hold such securities. Any request for the issuance of a statement of compliance pursuant to this paragraph shall be initiated by the person filing a petition with the commission in which the person shall be required to establish that there is a reasonable likelihood that, if qualified, the person will obtain and hold the securities of a casino licensee or any holding or intermediary company thereof to such extent as to require the qualification of the person. If the commission finds that this reasonable likelihood exists, and if the commission is satisfied, after an investigation by the division, that the qualifications of the person have been established by clear and convincing evidence, the commission may, in its discretion, issue a statement of compliance that the person is qualified to hold such securities. Any person who requests a statement of compliance pursuant to this paragraph shall be subject to the provisions of this Act and shall pay for the costs of all investigations and proceedings in relation to the requests.
(b) Such statement shall specify the eligibility criterion satisfied, the date of such satisfaction and reservation to the Commission to revoke the statement of compliance at any time based upon a change of circumstances affecting such compliance.
(c) A statement of compliance certifying satisfaction of all of the requirements of section 436(c) of this title with respect to a specific casino hotel proposal submitted by an eligible applicant may be accompanied by a written commitment from the Commission that a casino license shall be reserved for a period not to exceed 30 months or within such additional time period as the Commission may, upon a showing of good cause therefor, establish and shall be issued to such eligible applicant with respect to such proposal that such applicant (1) complies in all respects with the provisions of this chapter (2) qualifies for a casino license within a period not to exceed 30 months of the date of such commitment or within such additional times as the Commission may, upon a showing of good cause therefor, establish, and (3) complies with such other conditions as the Commission shall impose. The Commission may revoke such reservation at any time it finds that the applicant is disqualified from receiving or holding a casino license or has failed to comply with any conditions imposed by the Commission. Such reservation shall be automatically revoked if the applicant does not qualify for a casino license within the period of such commitment.
