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

(a) Failure of the applicant to prove by clear and convincing evidence that the applicant is qualified in accordance with the provisions of this chapter;

(b) Failure of the applicant to provide information, documentation and assurances required by the chapter or requested by the Commission, or failure of the applicant to reveal any fact material to qualification, or the supplying of information which is untrue or misleading as to a material fact pertaining to the qualification criteria;

(c) The conviction of the applicant, or of any person required to be qualified under this chapter as a condition of a casino license, of any offense in any jurisdiction which would be:

• (1) Any of the following offenses under the “Virgin Islands Code” as amended and supplemented included but not limited to Title 14 of this code all crimes of the first degree; 14 V.I.C., chapter 15 (attempt to commit an offense which is listed in this subsection); 14 V.I.C., chapter 27 (conspiracy to commit an offense which is listed in this subsection); 14 V.I.C., sections 924 and 925 (manslaughter); 14 V.I.C., section 298 (aggravated assault); 14 V.I.C., chapter 53 (kidnapping); 14 V.I.C. 1702, 1703, and 1709, (sexual offenses which constitute crimes of the second or third degree); 14 V.I.C., chapter 93 (robberies); 14 V.I.C., chapter 11 (involving arson and related offenses); 14 V.I.C., chapter 91 (causing or risking widespread injury or damage); 14 V.I.C., section 443 (burglary which constitutes a crime of the second degree); 14 V.I.C., chapter 55 (theft, petty and grand larceny or third degree); 14 V.I.C., chapter 39 (forgery and fraudulent practices), to include counterfeiting; 14 V.I.C., chapter 89 (falsifying or tampering with records); 9 V.I.C. 126 (receiving deposits in a failing financial institution); 19 V.I.C., chapter 29 (manufacturing, distributing or dispensing a controlled dangerous substance or a controlled dangerous substance analog which constitutes a crime of the second or third degree); 19 V.I.C., chapter 29 (employing a juvenile in a drug distribution scheme); 19 V.I.C., chapter 29 (distribution, possession or manufacture of imitation controlled dangerous substances); 19 V.I.C., chapter 29 (acquisition of controlled dangerous substances by fraud); 14 V.I.C., chapter 61 (gambling offenses which constitute crimes of third or fourth degree); 14 V.I.C., chapter 29 (possession of a gambling device); or

• (2) Any other offense under present United States Virgin Islands or federal law which indicates that licensure of the applicant would be inimical to the policy of this chapter and to casino operations; provided, however, that the automatic disqualification provisions of this subsection shall not apply with regard to any conviction which did not occur within the 10-year period immediately preceding application for licensure and which the applicant demonstrates by clear and convincing evidence does not justify automatic disqualification pursuant to this subsection and any conviction which has been the subject of a judicial order of expungement or sealing;

(d) Current prosecution or pending charges in any jurisdiction of the applicant or of any person who is required to be qualified under this chapter as a condition of a casino license, for any of the offenses enumerated in subsection (c) of this section; provided, however, that at the request of the applicant or the person charged, the Commission shall defer decision upon such application during the pendency of such charge;

(e) The pursuit by the applicant or any person who is required to be qualified under this chapter as a condition of a casino license of economic gain in an occupational manner or context which is in violation of the criminal or civil public policies of the Government, if such pursuit creates a reasonable belief that the participation of such person in casino operations would be inimical to the policies of this chapter or to legalized gaming in the Virgin Islands. For purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management, or execution of an activity for financial gain;

(f) The identification of the applicant or any person who is required to be qualified under this chapter as a condition of a casino license as a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates a reasonable belief that the association is of such a nature as to be inimical to the policy of this chapter and to gaming operations. For purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of the Virgin Islands. A career offender cartel shall be defined as any group of persons who operate together as career offenders;

(g) The commission by the applicant or any person who is required to be qualified under this chapter as a condition of a casino license of any act or acts which would constitute any offense under subsection (c) of this section, even if such conduct has not been or may not be prosecuted under the criminal laws of the Virgin Islands or any other jurisdiction or has been prosecuted under the criminal laws of the Virgin Islands or any other jurisdiction and such prosecution has been terminated in a manner other than with a conviction; and

(h) Contumacious defiance by the applicant or any person who is required to be qualified under this chapter or any legislative investigatory body or other official investigatory body of any territory, state or of the United States when such body is engaged in the investigation of crimes relating to gaming, official corruption, or organized crime activity.