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
§ 462. Alcoholic beverages in casino hotel facilities
(a) Notwithstanding any law to the contrary, the authority to grant any license for, or to permit or prohibit the presence of, alcoholic beverages in, on, or about any premises licensed as part of a casino hotel shall exclusively be vested in the Commission.
(b) Unless otherwise stated, and except where inconsistent with the purpose or intent of this chapter or the common understanding of usage thereof, definitions contained in Title 8 of this code shall apply to this section. Any definition contained therein shall apply to the same word in any form.
(c) Notwithstanding any provision of Title 8 of this code, the rules, regulations and bulletins promulgated by the Commissioner of the Department of Licensing and Consumer Affairs and the Virgin Islands Board of Control of Alcoholic Beverages, or any provision promulgated by any local authority, the authority to issue, renew, transfer, revoke or suspend a casino hotel alcoholic beverage license or any portion, location, privilege or condition thereof; to fine or penalize a casino hotel alcoholic beverage licensee; to enforce all statutes, laws, ruling, or regulations relating to such license; and to collect license fees and establish application standards therefor, shall be, consistent with this chapter, exclusively vested in the Commission.
(d) Notwithstanding any provision to the contrary, the Commission may promulgate any regulations and special rulings and findings as may be necessary for the proper enforcement, regulation, and control of alcoholic beverages in casino hotels when the Commission finds that the uniqueness of casino operations and the public interest require that such regulations, rulings, and findings are appropriate. Regulations of the Commission may include but are not limited to: designation and duties of enforcement personnel; all forms necessary or convenient in the administration of this section; inspections, investigations, searches, seizures; licensing and disciplinary standards; requirements and standards for any hearings or disciplinary or other proceedings that may be required from time to time; the assessment of fines or penalties for violations; hours of sale; sales in original containers; sales on credit; out-of-door sales; limitations on sales; gifts and promotional materials; locations or places for sale; control of signs and other displays; identification of licensees and their employees; employment of aliens and minors; storage, transportation and sanitary requirements; records to be kept by the casino hotel alcoholic beverage licensees and availability thereof; practices unduly designed to increase consumption of alcoholic beverages; and such other matters whatsoever as are or may become necessary and consistent with the administration of this chapter.
(e)
(1) It shall be unlawful for any person, including any casino licensee, or any of its lessees, agents or employees to expose for sale, solicit or promote the sale of, possess with intent to sell, sell, give, dispense, or otherwise transfer or dispose of alcoholic beverages in, on or about any portion of the premises of a casino hotel, unless said person possesses a casino hotel alcoholic beverage license.
(2) It shall be unlawful for any person issued a casino hotel alcoholic beverage license to expose, possess, sell, give, dispense, transfer, or otherwise dispose of alcoholic beverages, other than within the terms and conditions of the casino hotel alcoholic beverage license issued, the provisions of Title 8 of this code, the rules and regulations promulgated by the Commissioner of the Department of Licensing and Consumer Affairs, and, when applicable, the regulations promulgated pursuant to this chapter.
(f) In issuing a casino hotel alcoholic beverage license the Commission shall describe the scope of the particular license and the restrictions and limitations thereon as it deems necessary and reasonable. The Commission may, in a single casino hotel alcoholic beverage license, permit the holder of such a license to perform any or all of the following activities, subject to applicable laws, rules and regulations:
(1) To sell or serve alcoholic beverages by the bottle glass, drink or other open receptacle to any person except a person under the age of eighteen (18) years, nor shall any person issued a casino hotel beverage license employ a person under the age of eighteen (18) years to mix and/or dispense alcoholic beverages.
(2) To sell any alcoholic beverage by the glass or other open receptacle, but not in an original container, for on-premises consumption within a casino or simulcasting facility; provided, however, that no alcoholic beverage, shall be sold, given or be available for consumption; offered, delivered or otherwise brought to a patron; or consumed at a gaming, table, unless so requested by the patron.
(3) To sell any alcoholic beverage by the glass or other open receptacle for on-premise consumption within a casino hotel, but not in a casino or simulcasting facility, or from a fixed location outside a building or structure containing a casino but on a casino hotel's premises.
(4) To sell any alcoholic beverage in original containers for consumption outside the licensed area from an enclosed package room not in a casino or simulcasting facility.
(5) To sell any alcoholic beverage by the glass or other open receptacle or in original containers from a room service location within an enclosed room not in a casino or simulcasting facility provided however, that any sale of alcoholic beverages is delivered only to a guest room or to any other room in the casino hotel authorized by the Commission, other than any room authorized by the Commission pursuant to paragraph (1), (3), or (5) of this subsection.
(6) To possess or to store alcoholic beverages in original containers intended but not actually exposed for sale at a fixed location on a casino hotel premises, not in a casino or simulcasting facility; and to transfer or deliver such alcoholic beverages only to a location approved pursuant to this section; provided, however, that no access to or from a storage location shall be permitted except during normal course of business by employees or agents of the licensee, or by licensed employees or agents of licensed wholesalers/distributors; and provided further, however, that no provision of this section shall be construed to prohibit a casino hotel alcoholic beverage licensee from obtaining an off-site storage permit from the Commission.
(g)
(1) No casino hotel alcoholic beverage license which authorizes the sale of alcoholic beverages within a casino pursuant to subsection (f)(1) of this section shall issue to any applicant who does not hold a casino license issued pursuant to this chapter;
(2) No Casino Hotel Alcoholic Beverage License which authorizes the possession, sale or storage of alcoholic beverages pursuant to subsection (f)(2), (3), (4), or (5) of this section shall issue to any applicant who would not qualify under the standards for licensure of a casino service industry pursuant to subsection (c) of section 444 of this title;
(3) No casino hotel alcoholic beverage license which authorizes the possession or storage of alcoholic beverages pursuant to subsection (f)(6) of this section shall issue to any applicant who does not hold a casino hotel alcoholic beverage license, permitting any activity pursuant to subsection (f)(1), (2), (3), or (4) of this section.
(h) The Commission may revoke, suspend, refuse to renew or refuse to transfer any casino hotel alcoholic beverage license, or fine or penalize any casino hotel alcoholic beverage licensee for violations of any provision of Title 27 of this code, the rules and regulations promulgated by the Commissioner of the Department of Licensing and Consumer Affairs, and the regulations promulgated by the Commission.
(i) Jurisdiction over all alcoholic beverage licenses issued with respect to the casino hotel facility is hereby vested in the Commission which in its discretion may by regulation provide for the conversion thereof into a casino hotel alcoholic beverage license as provided in this section.
