VOLUME: III

CASINO

PART: Licensing and Operation of Casinos (ss 8-20)

CHAPTER: 19:01

PART III
Licensing and Operation of Casinos (ss 8-20)

[Ch1901s8]8.       Licence

            (1) The Board may grant and issue to a person a licence to establish and operate a casino if that person-

     (a)     satisfies the Board that he will be the occupier of the whole of the casino, with such security of tenure as the Board may deem adequate, and that he intends to manage the operation of the whole of the facilities of the casino;

     (b)     satisfies the Board that he is a person of integrity or in a case of a company that it is directed by persons of integrity;

     (c)     satisfies the Board that he has adequate financial means available to establish and operate a casino of a high standard;

     (d)     satisfies the Board by plans and specifications submitted to it that the casino will be of a high standard of amenity, appearance and comfort;

     (e)     undertakes if the said plans and specifications are approved by the Board, to commence, carry on and complete within15 months, or such longer period as the Board may in its discretion fix, any works necessary to bring the casino into accord therewith;

     (f)      deposits with the Accountant-General such security as the Board may consider adequate for the meeting of any obligations which he may incur to persons gaming in the casino; and

     (g)     being a body corporate, is a company or an external company within the meaning of the Cap. 42:01 Companies Act.

            (2) A licence shall specify and define the area in the casino where gaming may be conducted.

            (3) The Board may attach conditions to a licence-

     (a)     relating to the games to be played in any gaming room;

     (b)     relating to the method of operation of any game;

     (c)     relating to the operation of any hotel forming part of the casino;

     (d)     for the purpose of ensuring that the operation of the casino does not detract from the natural beauty or the amenities of any place near the casino;

     (e)     for the purpose of ensuring that the operation of the casino accords with decency, dignity, good taste and honesty;

     (f)      requiring the submission to the Board of such reports and returns relating to the operation of the casino as the Board may from time to time require;

     (g)     relating to the days and hours when gaming may be carried on at the casino;

     (h)     relating to any other matter which in the opinion of the Board requires to be regulated.

            (4) Where the Board is of the opinion that it is necessary or expedient to do so for the better attainment of the objects and purposes of this Act, it may, by written notice served on a licensee, from time to time vary the conditions attached to his licence.

            (5) Subject to the provisions of this Act, a licence shall be valid for 10 years commencing on the date of the grant of the licence but may be renewed on such terms and conditions as the Board may deem fit.

            (6) The Board when granting and issuing a licence under the provisions of subsection (1) may, with the approval of the Minister, provide in such licence that such licence shall confer exclusive authority on the licensee to establish and operate a casino within any area specified in the licence, and when the Board has so provided it shall, so long as such licence remains in force, grant and issue a licence in respect of such area to no person other than the said licensee.

[Ch1901s9]9.       No alterations to casino premises without Board's approval

            No additions, alterations or improvements to the premises of a casino, including the addition or alteration of advertisements,signs and hoardings on the premises, shall be effected without prior written approval thereof having been obtained from the Board on written application made to it accompanied by a proper plan and specification of such proposed additions,alterations or improvements.

[Ch1901s10]10.     Revocation or surrender of licence

            (1) The Board, subject to the approval of the Minister,may at any time revoke a licence or may refuse to renew it if-

     (a)     it has been ascertained that any information given to the Board by the licensee for the purpose of obtaining the grant of the licence was, at the time when the information was given, false in a material particular;

     (b)     the licensee has, without reasonable excuse, failed to comply with a term or condition of the licence or a requirement or prohibition of this Act applicable to the licensee;

     (c)     the licensee is convicted of an offence against a law relating to gaming, betting or lotteries;

     (d)     the licensee is twice convicted within 12 months under the Cap. 43:11 Liquor Act, as read with section 18(4), of the offence of permitting drunkenness or violent or riotous conduct within a gaming room forming part of the casino;

     (e)     the licensee or, in the case of a company, the managing director or other officer managing the company-

           (i)       has been convicted in a court in Botswana or elsewhere of an offence involving dishonesty and sentenced to imprisonment without the option of a fine; and

          (ii)       has not received a free pardon in respect of the offence;

     (f)      the licensee ceases, without the consent of the Board-

           (i)       to be the occupier of the whole of the casino; or

          (ii)       to manage the operation of the whole of the facilities of the casino;

     (g)     the casino, or part thereof, ceases to carry on business in accordance with this Act; or

     (h)     the Government establishes in any civil proceedings that the licensee has in any respect breached any agreement to which the Government and the licensee are parties which concerns the casino referred to in the licence or matters relating to such casino.

            (2) When any licence is revoked or the renewal of any licence is refused in accordance with subsection (1) the Board shall give reasons for the revocation or refusal.

            (3) A licensee may surrender his licence on such conditions as the Board, with the approval of the Minister, may stipulate.

[Ch1901s11]11.     Revocation of licence following conviction

            (1) When a licensee or, if the licensee is a company, the managing director or other officer managing the company-

     (a)     has been convicted of an offence relating to the operation of the casino and sentenced to imprisonment without the option of a fine; and

     (b)     has not received a free pardon in respect of the offence,

the Commissioner of Police, or any other police officer deputed by him for the purpose, may petition the Board to revoke the licence.

            (2) The petition shall be heard at a special meeting of the Board-

     (a)     of which the Board shall give the petitioner and the licensee notice; and

     (b)     at which either party may be present or represented.

            (3)        On the hearing of the petition the Board may, if good cause is shown why the licence should be revoked, decide to revoke the licence.

            (4)        The Board may, with the approval of the Minister, act upon a decision made in pursuance of subsection (3).

[Ch1901s12]12.     Appeals

            (1) A person aggrieved by-

     (a)     the revocation of a licence; or

     (b)     the refusal of the Board to renew a licence,

may within 30 days appeal to the High Court in accordance with the rules of that court.

            (2) The High Court, on such appeal, having heard such evidence as the parties may adduce, shall make such order as justice may require.

            (3) When a licence is revoked-

     (a)     the licence shall be deemed to remain in force during the period within which an appeal may be brought under this section; and

     (b)     after such an appeal has been brought, a judge of the court may suspend the revocation until the determination or abandonment of the appeal.

[Ch1901s13]13.     Operation of casino

            (1) A licensee shall-

     (a)     ensure that the operation of his casino accords with decency, dignity, good taste and honesty;

     (b)     in accordance with the conditions of his licence permit and organize the playing of games with cards, dice or mechanical contrivances or devices (including roulette) for money or money's worth;

     (c)     subject to the requirements of this Act, provide refreshments to suit the personal needs of the visitors to the casino;

     (d)     operate the casino, including any hotel forming part thereof, in accordance with the conditions of his licence; and

     (e)     generally operate the casino in accordance with this Act.

            (2) The licensee shall make rules relating to the method of playing games, which rules shall be subject to the approval of the Board.

[Ch1901s14]14.     Right of certain police officers to enter casino

            (1) A police officer of the rank of Inspector or above may at any time, without a search warrant, enter a casino for the purpose of preventing or detecting the commission of an offence, or of investigating the conduct of persons therein.

            (2) Any police officer entering a casino in pursuance of subsection (1) shall submit a written report on his visit to the casino to the Commissioner of Police who shall within 14 days of receiving such report give written notice of such entry to the Board.

            (3) A person who, by himself or by a person in his employ or acting with his consent, fails to admit a police officer who, in pursuance of subsection (1), demands entry into the premises of a casino shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

[Ch1901s15]15.     Prohibition of certain persons from entering casino premises

            (1) Where a court convicting a person of an offence is of opinion that by reason of the nature of the offence or the circumstances under which it was committed it is undesirable in the interests of public order, morality or fair play that such person should be permitted to enter any casino or any part or parts thereof, the court may issue a written order prohibiting him from entering such casino, or the part or parts thereof specified in the order for a period to be stated in the order.

            (2) Any person against whom an order has been made under subsection (1) may apply to the High Court for the review of such order.

            (3) Where a court makes an order under subsection (1) the clerk of the court shall as soon as practicable cause a copy of the order to be delivered to the licensee of any casino named in the order.

            (4)        A person who contravenes an order made under this section, or aids and abets or permits such a contravention, shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

[Ch1901s16]16.     Prohibition of gaming by certain persons

            (1) A person who-

     (a)     is a member or employee of the Board or is in any way concerned in the management, regulation, supervision,control or administration of a casino, or is in any way employed in or about a casino; and

     (b)     participates in the playing of a game in the gaming area of the casino, except in so far as he may be required to do so by the nature of his employment in conducting the game so as to enable other persons to play at the game,

shall be guilty of an offence.

            (2) A person under the age of 18 years who in any casino-

     (a)     plays or takes part in any game; or

     (b)     enters the gaming area of a casino,

shall be guilty of an offence.

            (3) Any licensee or servant of a licensee who permits a person under the age of 18 years, or any parent or guardian of a person under the age of 18 years who permits such person to-

     (a)     play or take part in any game in the gaming area of a casino; or

     (b)     enter or remain in the gaming area of a casino which is open for play,

shall be guilty of an offence:

            Provided that it shall be a defence to any charge under this subsection that the accused neither knew nor had reasonable cause to suspect that the person concerned was under the age of 18 years.

[Ch1901s17]17.     Persons to participate in games only on cash basis

            (1) No person shall participate in any game in a casino,and no licensee or servant of a licensee shall permit any person to participate in any game in a casino, except on a cash basis.

            (2) For the purposes of this section-

            "cash" includes travellers' cheques and credit cards but excludes personal cheques and other forms of credit.

            (3) Any person who contravenes subsection (1) shall be guilty of an offence.

[Ch1901s18]18.     Sale, etc. of intoxicating liquor

            (1) Notwithstanding anything contained in the Cap. 43:11 Liquor Act, or any other law it shall not be necessary for a licensee to obtain, in respect of the casino, or any part thereof, a licence under that Act or other law for the sale, supply or consumption of intoxicating liquor or other refreshments in accordance with this section.

            (2) A licensee may at any time when a gaming room is lawfully open for play, sell or supply in that room intoxicating liquor and other refreshments for consumption in that room (including any adjoining room or verandah).

            (3) Intoxicating liquor may be sold, supplied and consumed in parts of the casino, other than the gaming rooms, during the hours permitted by or under the Liquor Act, for the sale of liquor under an hotel liquor licence but may not be sold or supplied for consumption off the casino.

            (4) Except as is otherwise provided in this section, such provisions of the Liquor Act, as apply to premises licensed under that Act (including the grant of privileges for an extension of hours in the case of an hotel liquor licence) shall also apply, mutatis mutandis, to a casino.

[Ch1901s19]19.     Non-application of certain laws

            (1) Notwithstanding anything contained in the Cap. 43:02 Trade Act, a licensee may carry on the trade or business of selling any goods by retail in such part of a casino as is specified in the licence without being required to hold a general trading licence or small general trading licence in terms of that Act.

            (2)        None of the provisions of sections 19 to 22 of the Cap. 19:02 Lotteries and Betting Act or section 179(c) of the Cap. 08:01 Penal Code and nothing contained in any law relating specially to lotteries or games of chance shall apply in respect of a casino.

[Ch1901s20]20.     Advertising

            Subject to any regulations made under this Act, it shall be lawful to advertise a casino and the games to be played therein.