2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VI - Licensing
§ 441. Licensing of casino key employees
(a) No person may be employed as a casino key employee unless he is the holder of a valid casino key employee license issued by the Commission.
(b) Each applicant must, prior to the issuance of any casino key employee license, produce information, documentation and assurances concerning the following qualification criteria:
(1) Each applicant for a casino key employee license shall produce such information, documentation and assurances 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 disbursements schedules, tax returns and other reports filed with governmental 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.
(2) Each applicant for a casino key employee license shall produce such information, documentation and assurances as may be required by the Commission to establish by clear and convincing evidence the applicant's good character, honesty and integrity. Such information shall include, without limitation, data 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 such applicant pertaining to antitrust or security regulation laws of the federal government, of the Virgin Islands or any other state, jurisdiction, province or country. In addition, each applicant shall, upon request of the Commission or the Division, produce letters of reference from law enforcement agencies having jurisdiction in the applicant's place of residence and principal place of business, which letter 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 that information is. If the applicant has been associated with gaming or casino operations in any capacity, position or employment in a jurisdiction which permits such activity, the applicant shall, upon request of the Commission or Division, produce letters of reference from the gaming or casino enforcement or control agency, which shall specify the experience of such agency with the applicant, his associates and his participation in the gaming operations of that jurisdiction; provided, however, that if no such letters are received from the appropriate law enforcement agencies within 60 days of the applicants 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.
(3) Each applicant shall be a resident of the Virgin Islands prior to the issuance of a casino key employee license; provided, however, that upon petition by the holder of a casino license, the Commission may waive this residency requirement for any applicant whose particular position will require him to be employed outside the Virgin Islands. The Commission may also, by regulation, require that all applicants for casino key employee licenses be residents of the Virgin Islands for a period not to exceed six months immediately prior to the issuance of such license, but application may be made prior to the expiration of the required period of residency. The Commission shall, by resolution, waive the required residency period for an applicant only upon a showing of good cause.
(c) [Deleted]
(d) The Commission shall deny a casino key employee license to any applicant who is disqualified on the basis of the criteria contained in section 438 of this title.
(e) Upon petition by the holder of a casino license, the Commission may, issue a temporary license to an applicant for a casino key employee license, provided that:
(1) The applicant for the casino key employee license has filed a complete application as required by the Commission;
(2) The Division either certifies to the Commission that the complete casino key employee license application as specified in paragraph (1) of this subsection has been in the possession of the Division for at least 15 days or agrees to allow the Commission to consider the application in some lesser time;
(3) The petition for a temporary casino key employee license certifies, and the Commission finds, that an existing casino key employee position of the petitioner is vacant or will become vacant within 60 days of the date of the petition and that the issuance of a temporary key employee license is necessary to fill the said vacancy on an emergency basis to continue the efficient operation of the casino, and that such circumstances are extraordinary and not designed to circumvent the normal licensing procedures of this chapter;
(4) The Division does not object to the issuance of the temporary casino key employee license; In the event that an applicant for a casino key employee license is the holder of a valid casino employee license issued pursuant to section 442 of this title, and if the provisions of paragraphs (1), (2), and (4) of this subsection are satisfied, the Commission may issue a temporary casino key employee license upon petition by the holder of a casino license, if the Commission finds the issuance of a casino key employee license will be delayed by necessary investigations and the said temporary casino key employee license is necessary for the operation of the casino. Unless otherwise terminated pursuant to this chapter, any temporary casino key employee license issued pursuant to this subsection shall expire nine months from the date of its issuance.
