22. Restriction on grant of licence
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(1) Cabinet shall not grant a licence under this Act to a corporation, limited liability company, external company or partnership unless—
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(a) that corporation, limited liability company, external company or partnership is registered in Saint Lucia and the corporation, limited liability company, external company or partnership that is otherwise qualified to hold a licence under this Act that applies for registration must not be denied registration; (Amended by Act 24 of 2019)
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(b) each shareholder, officer and director of the corporation, limited liability company, external company or partnership and in the case of a publicly traded company, an owner of over 5% of the issued and outstanding shares applies to and gets the approval of the Board in writing; (Amended by Act 24 of 2019)
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(c) the following statement is contained in the share and stock certificate—
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“A disposition of this security is invalid unless approved in advance by the Saint Lucia Gaming Board and if the Board determines that an owner of this security is unsuitable to continue to have an interest in gaming in Saint Lucia, the owner shall dispose of this security as provided under regulations made under the Gaming Control Act and the Companies Act.
(Amended by Act 24 of 2019)
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(2) A person who becomes a shareholder, officer or a director of a corporation, limited liability company, external company or partnership which is a licensee shall within 30 days of becoming a shareholder, officer or director notify the Board in writing of that fact. (Amended by Act 24 of 2019)
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(3) A corporation, limited liability company, external company or partnership granted a licence shall file with the Registrar of Companies and Intellectual Property an amendment to its articles of incorporation stating that the conduct of gaming is an authorised purpose. (Amended by Act 24 of 2019)
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(4) Where a company files an amendment under subsection (3) the officer or directors of that company may work while investigations are going on for a period of 90 days after filing.
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(5) A licence under this Act shall not be granted—
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(a) to an individual who is under 25 years old; or
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(b) to an individual or a company, if Cabinet is satisfied that that individual or a director or other officer of that company has ever been convicted of a serious offence, and has not successfully appealed in respect of the conviction, either in Saint Lucia or elsewhere.
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(6) In subsection (5)(b)—
“director” includes a person who occupies the position of a director by whatever named called;
“officer” includes a director, manager or company secretary;
“serious offence” means an offence involving fraud, dishonesty, illegal drugs, illegal firearms, prostitution, robbery, money laundering, counterfeiting, gaming, betting or conspiracy to commit any of the mentioned offences. (Amended by Act 24 of 2019)
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(Amended by Act 18 of 2018)
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(7) A person who has been granted a licence under this Act shall not sell gaming devices or associated equipment to a person who does not have a licence or import gaming devices or associated equipment for a person who does not have a licence under this Act. (Amended by Act 24 of 2019)
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(8) A person who contravenes subsection (7) is liable to disciplinary action by the Board.
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(9) A person who owns a gaming establishment or the land on which a gaming establishment is situated shall give notice in writing to the Board of any proposed change in ownership in the land or the gaming establishment.
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(10) A person who contravenes subsection (9) is liable to cancellation of his or her licence for a breach of licence.
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(11) Cabinet shall not grant a gaming operator licence unless the premises at which the gaming is to take place is a hotel containing at least 250 rooms.
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(12) Notwithstanding subsection (11), Cabinet may grant a gaming operator licence in respect of premises at which gaming is to take place, which is not a hotel containing 250 rooms, if at least 100 persons will be continuously employed at the premises. (Substituted by Act 7 of 2020).
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(13) Cabinet, after hearing the representations of a licensee, may revoke a licence granted under subsection (12) where a licensee does not continuously employ at least 100 persons. (Amended by Act 7 of 2020)
(Amended by Act 13 of 2004)