(a) No person may commence employment as a casino employee unless he is the holder of a valid casino employee license.
(b) Any applicant for a casino employee license must, prior to the issuance of any such license, produce sufficient information, documentation and assurances to meet the qualification criteria, including the Virgin Islands residency, contained in subsection (b) of section 441 of this title and any additional residency requirement imposed under subsection (c) of this section.
(c) The Commission may, by regulation, require that all applicants for casino 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.
(d) The Commission shall deny a casino employee license to any applicant who is disqualified on the basis of the criteria contained in section 438 of this title.
(e) For the purpose of this section, casino security employees shall be considered casino employees and must, in addition to any requirements under other laws, be licensed in accordance with the provisions of this chapter.
(f) Upon petition by the holder of a casino license a temporary license may be issued by the Commission to an applicant for a employee license provided that:
(1) The applicant for the casino employee license has filed a complete application as required by the commission;
(2) The division either certifies through the commission that the completed casino 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 license certifies, and the commission finds that the issuance of a plenary license will be restricted by necessary investigations, and the temporary licensing of the applicant is necessary for the operation of the casino is not designed to circumvent the normal licensing procedures; and
(4) The division does not object to the issuance of a temporary casino employee license. Unless otherwise terminated pursuant to this chapter, a temporary license issued pursuant to this subsection shall expire six (6) months from the date of its issuance and be renewable, at the discretion of the commission, for one additional six (6) month period.
(g) Notwithstanding the provisions of subsection (e) of this section, no applicant shall be denied a casino employee license on the basis of a conviction of any of the offenses enumerated in this chapter as disqualification criteria or the Commission of any act or acts which would constitute any offense under subsection (c) of section 438 of this title, as specified in subsection (g) of that section; provided that the applicant has affirmatively demonstrated his rehabilitation. In determining whether the applicant has affirmatively demonstrated his rehabilitation the Commission shall consider the following factors:
(1) The nature and duties of the position applied for:
(2) The nature and seriousness of the offense or conduct;
(3) The circumstances under which the offense or conduct occurred;
(4) The date of the offense or conduct;
(5) The age of the applicant when the offense or conduct was committed;
(6) Whether the offense or conduct was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense or conduct;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.