2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VI - Licensing
§ 436. Casino license — Applicant requirements

(a) Each applicant shall produce such information, documentation and assurances concerning financial background and resources as may be required to establish by clear and convincing evidence the financial stability, integrity and responsibility of the applicant, including but not limited to bank references, business and personal income and disbursement schedules, tax returns and other reports filed with government agencies, and business and personal accounting and check records and ledgers. In addition, each applicant shall, in writing, authorize the examination of all bank accounts and records as may be deemed necessary by the Commission or the Division.

(b) Each applicant shall produce such information, documentation and assurances as may be necessary to establish by clear and convincing evidence the integrity of all financial backers, investors, mortgagees, bond holders, and holders of indentures, notes or other evidences of indebtedness, either in effect or proposed, which bears any relation to the casino proposal submitted by the applicant or applicants; provided, however, that this section shall not apply to banking or other licensed lending institutions exempted from the qualification requirements of subsections (c) and (d) of section 437 of this title, and institutional investors waived from the qualification requirements of those subsections, pursuant to the provisions of subsection (f) of section 437 of this title. Any such banking or licensed lending institution or institutional investor shall, however, produce for the Commission or the Division, upon request, any document or information which bears any relation to the casino proposal submitted by the applicant or applicants. The integrity of financial sources shall be judged upon the same standards as the applicant. In addition, the applicant shall produce whatever information, documentation or assurances as may be required to establish by clear and convincing evidence the adequacy of financial resources both as to the completion of the casino proposal and the operation of the casino.

(c) Each applicant shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Such information shall include, without limitation, information pertaining to family, habits, character, reputation, criminal and arrest record, business activities, financial affairs, and business, professional and personal associates, covering at least the 10-year period immediately preceding the filing of the application. Each applicant shall notify the Commission of any civil judgments obtained against any such applicant pertaining to antitrust or security regulation laws of the federal government, of this Territory or of any state, jurisdiction, province or country. In addition, each applicant shall produce letters of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letters of reference shall indicate that such law enforcement agencies do not have any pertinent information concerning the applicant, or if such law enforcement agency does have information pertaining to the applicant, shall specify what the information is. If the applicant has conducted gaming operations in a jurisdiction which permits such activity, the applicant shall produce letters of reference from the gaming or casino enforcement or control agency which shall specify the experiences of such agency with the applicant, his associates, and his gaming operation; provided, however, that if no such letters are received within sixty (60) days of request therefor, the applicant may submit a statement under oath that he is or was during the period such activities were conducted in good standing with such gaming or casino enforcement or control agency.

(d) Each applicant shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has sufficient business ability and casino experience as to establish the likelihood of creation and maintenance of a successful, efficient casino operation, to include an aggressive marketing strategy targeting the Virgin Islands as a national and international tourist destination. Each applicant with a hotel connected to a casino or a casino related facility that receives benefits under the Industrial Development Program and/or through the Economic Development Commission as established in title 29, chapter 12 of the Virgin Islands Code, must also produce evidence that the hotel or casino related facility has sufficient business ability to establish the likelihood of the creation and maintenance of a successful, efficient operation to include an aggressive marketing strategy targeting the Virgin Islands as a national and international tourist destination, to be implemented as long as benefits are received. The applicant shall produce the names of all proposed casino key employees as they become known and a description of their respective or proposed responsibilities, and a full description of security systems and management controls proposed for the casino and related facilities.

(e) Notwithstanding the foregoing provisions of this section, those casino license applicants, who at the time of application for a license to operate a hotel/casino in the Virgin Islands, are holders of a casino license from another regulated casino jurisdiction in the United States, and who present verified and certified documentation from that jurisdiction that they are a licensee in good standing for two consecutive years prior to the application to operate a hotel/casino in the Virgin Islands, may be deemed to be eligible for licensure in accordance with the above provisions of this section, provided that the requirements of subsection (f) and all other applicable local requirements for licensure are met.

(f) Each applicant shall produce such information, documentation and assurances to establish to the satisfaction of the Commission the suitability of the casino and related facilities and that its proposed location will not adversely affect casino operations or overall environmental conditions. Each applicant shall submit an impact statement which shall include, without limitation, architectural and site plans which establish that the proposed facilities comply in all respects with the requirements of this chapter, the requirements of the master plan, the planning ordinance of the Virgin Islands, the zoning ordinance as amended for gaming, Title 29, chapter 3, sections 228 and 229, without any use variance from the provisions thereof, and the requirements of the Coastal Zone Management Act, as amended, Title 12, chapter 21 of this code; a market impact study which analyzes the adequacy of the patron market and the effect of the proposal on such market and on the existing casino facilities licensed under this chapter; and an analysis of the effect of the proposal on the overall environment, including, without limitation, economic, social, demographic, and competitive conditions as well as the natural resources of St. Croix and the Virgin Islands.

(g) The commission may, at its discretion recognize and accept the conclusions of other political jurisdictions in the investigatory process of approving prospective casino licensees, casino key employees and casino service industries.