2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 21 - Virgin Islands Casino and Resort Control Act of 1995
Article VII - Conditions of Operations
§ 461. Junkets and complimentary services

(a) No junkets may be organized or permitted except in accordance with the provisions of this chapter. No person may act as a junket representative or junket enterprise except in accordance with this section.

(b) A junket representative employed by a casino licensee or an applicant for a casino license or an affiliate of a casino licensee shall be licensed as a casino employee in accordance with the provisions of this chapter provided, however, that said licensee need not be a resident of the Virgin Islands. Any person who holds a current and valid casino employee license may act as a junket representative while employed by a casino licensee or an affiliate. No casino licensee or applicant for a casino license may employ or otherwise engage a junket representative who is not so licensed.

(c) Junket enterprises, and junket representatives which are not employed by a casino licensee or an applicant for a casino license or by a junket enterprise engaged in activities governed by this section shall be subject to the provisions of subsection (c) of section 444 and subsection (b) of section 463 of this chapter with regards to those activities, unless otherwise directed by the commission pursuant to subsection (k) of this section. Such of the owners, management and supervisory personnel and other principal employees of a junket enterprise as the commission may consider appropriate for qualification shall qualify under the standard, except for residency, established for qualification of a casino key employee under this chapter.

(d) Prior to the issuance of any license required by this section, an applicant for licensure shall submit to the jurisdiction of the Virgin Islands and shall demonstrate to the satisfaction of the Commission that he is amenable to service of process within this Territory. Failure to establish or maintain compliance with the requirements of this subsection shall constitute sufficient cause for the denial, suspension or revocation of any license issued pursuant to this section.

(e) Upon petition by the holder of a casino license, an applicant for junket representative licensure may be issued a temporary license by the Commission, provided that:

• (1) the applicant for licensure is employed by a casino licensee;

• (2) the applicant for licensure has filed a completed application as required by the Commission;

• (3) the Division either certifies to the Commission that the completed application for licensure as specified in paragraph (2) of this subsection has been in the possession of the Division for at least 60 days or agrees to allow the Commission to consider the application in some lesser time; and

• (4) the Division does not object to the temporary licensure of the applicant; provided, however, that failure of the Division to object prior to the temporary licensure of the applicant shall not be construed to reflect in any manner upon the qualifications of the applicant for licensure.

  In addition to any other authority granted by this chapter, the Commission shall have the authority, upon receipt of a representation by the Division that it possesses information which raises a reasonable possibility that a junket representative does not qualify for licensure, to immediately suspend, limit or condition any temporary license issued pursuant to this subsection, pending a hearing on the qualifications of the junket representative, in accordance with the provisions of this chapter. Unless otherwise terminated pursuant to this chapter, any temporary license issued pursuant to this subsection shall expire 12 months from the date of its issuance, and shall be renewable by the Commission, in the absence of an objection by the Division, as specified in paragraph (4) of this subsection, for one additional six-month period.

(f) Every agreement concerning junkets entered into by a casino licensee and a junket representative or junket enterprise shall be deemed to include a provision for its termination without liability on the part of the casino licensee, if the Commission orders the termination upon the suspension, limitation, conditioning, denial or revocation of the licensure of the junket representative or junket enterprise, in accordance with the provisions of this chapter. Failure to expressly include such a condition in the agreement shall not constitute a defense in any action brought to terminate the agreement.

(g) A casino licensee shall be responsible for the conduct of any junket representative or junket enterprise associated with it and for the terms and conditions of any junket engaged in on its premises, regardless of the fact that the junket may involve persons not employed by such a casino licensee.

(h) A casino licensee shall be responsible for any violation or deviation from the terms of a junket. Notwithstanding any other provisions of this chapter, the Commission may, after hearings in accordance with this chapter, order restitution to junket participants, assess penalties for such violations or deviations, prohibit future junkets by the casino junket enterprise or junket representative, and order such further relief as it deems appropriate.

(i) The Commission shall, by regulation, prescribe methods, procedures and forms for the delivery and retention of information concerning the conduct of junkets by casino licensees. Without limitation of the foregoing, each casino licensee, in accordance with the rules of the Commission, shall:

• (1) Maintain on file a report describing the operation of any junket engaged in on its premises, which report may include acknowledgments by the participants, signed on the date of arrival, that they understand the terms of the particular junket;

• (2) Submit to the Commission and Division a report on those arrangements which would be junkets but for the fact that those arrangements do not include a selection or approval of participants in accordance with the terms of section 402 of this title; and

• (3) Submit to the Commission and Division a list of all its employees who are acting as junket representatives but whose licenses are not endorsed as such.

(j) Each casino licensee, junket representative or junket enterprise shall, in accordance with the rules of the Commission, file a report with the Division with respect to each list of junket patrons or potential junket patrons purchased directly or indirectly by the casino licensee, junket representative or enterprise.

(k) The Commission shall have the authority to determine, either by regulations, or upon petition by the holder of a casino license, that a type of arrangement otherwise included within the definition of “junket” established by section 402 shall not require compliance with any or all of the requirements of this section. The Commission shall seek the opinion of the Division prior to granting any exemption. In granting exemptions, the Commission shall consider such factors as the nature, volume and significance of the particular type of arrangement, and whether the exemption would be consistent with the public policies established by this chapter. In applying the provisions of this subsection, the Commission may condition, limit, or restrict any exemption as the Commission may deem appropriate.

(l) No junket enterprise or junket representative or person acting as a junket representative may:

• (1) Engage in efforts to collect upon checks that have been returned by banks without full and final payment;

• (2) Exercise approval authority with regard to the authorization or issuance of credit pursuant to section 458 of this title;

• (3) Act on behalf of or under any arrangement with a casino licensee or a gaming patron with regard to the redemption, consolidation, or substitution of the gaming patron's checks awaiting deposit pursuant to subsection (c) of section 457 of this title;

• (4) Individually receive or retain any fee from a patron for the privilege of participating in a junket;

• (5) Pay for any services, including transportation, or other items of value provided to, or for the benefit of, any patron participating in a junket.

(m) No casino licensee shall offer or provide any complimentary services, gifts, cash or other items of value to any person unless:

• (1) The complimentary consists of room, food, beverage or entertainment expenses provided directly to the patron and his guests by the licensee or indirectly to the patron and his guests on behalf of a licensee by a third party; or

• (2) The complimentary consists of documented transportation expenses provided directly to the patron and his guests by the licensee or indirectly to the patron and his guests on behalf of a licensee by a third party, provided that the licensee complies with regulations promulgated by the Commission to ensure that a patron's and his guests' documented transportation expenses are paid for or reimbursed only one; or

• (3) The complimentary consists of coins, tokens, cash or other complimentary items or services provided through a complimentary distribution program approved by the Commission or maintained pursuant to Commission regulation.

  Notwithstanding the foregoing, a casino licensee may offer and provide complimentary cash or non-cash gifts which are not otherwise included in paragraphs (1) through (3) of this subsection to any person, provided that any such gifts in excess of $2,000.00 per trip, or such greater amount as the Commission may establish by regulation, are supported by documentation regarding the reason the gift was provided to the patron and his guests, including where applicable, a patron's player rating, which documentation shall be maintained by the casino licensee. For the purposes of this paragraph, all gifts presented to a patron and the patron's guests directly by the licensee or indirectly on behalf of the licensee by a third party within any five-day period shall be considered to have been made during a single trip. In the case of cash gifts, the Commission shall establish by regulation the total amount of such gifts that a licensee may provide to a patron each year. Each casino licensee shall maintain a regulated complimentary service account, for those complimentaries which are permitted pursuant to this section, and shall submit a quarterly report to the Commission based upon such account and covering all complimentary services offered or engaged in by the licensee during the immediately preceding quarter. Such reports shall include identification of the regulated complimentary services and their respective costs, the number of persons by category of service who received the same, and such other information as the Commission may require.

(n) As used in this subsection, “person” means any territorial officer or employee subject to financial disclosure by law or executive order and any other territorial officer or employee with responsibility for matters affecting casino activity; any special territorial officer or employee with responsibility for matters affecting casino activity; the Governor; any member of the Legislature or full-time member of the Judiciary; any full-time professional employee of the Office of the Governor, or the Legislature; members of the Casino Reinvestment Development Authority; the head of a principal department; the assistant or deputy heads of a principal department, including all assistant and deputy Commissioners; the head of any Division of a principal department; any member of the governing body, or the judge or the attorney of a district wherein a casino is located; any member of or attorney for the planning board or zoning board of a district wherein a casino is located, or any professional planner or consultant regularly employed or retained by such planning board or zoning board.