(a) Except as otherwise provided in this section, no casino licensee or any person licensed under this chapter, and no person acting on behalf of or under any arrangement with a casino licensee or other person licensed under this chapter, shall:
(1) Cash any check, make any loan, or otherwise provide or allow to any person any credit or advance of anything of value or which represents value to enable any person to take part in gaming or simulcasting facility wagers activity as a player; or
(2) Release or discharge any debt, either in whole or in part, or make loan which represents any losses incurred by any player in gaming or simulcasting wagers activity, without maintaining a written record thereof in accordance with the rules of the Commission.
(b) No casino licensee or any person licensed under this chapter, and no person acting on behalf of or under any arrangement with a casino licensee or other person licensed under this chapter, may accept a check, other than a recognized traveler's check or other cash equivalent from any person to enable such person to take part in gaming or simulcasting wagering activity as a player, or may give cash or cash equivalents in exchange for such check unless:
(1) The check is made payable to the casino licensee;
(2) The check is dated, but not postdated;
(3) The check is presented to the cashier or cashier's representative at a location in the casino approved by the Commission and is exchanged for cash or slot tokens which total an amount equal to the amount for which the check is drawn, or the check is presented to the cashier's representative at a gaming table in exchange for chips which total an amount equal to the amount for which the check is drawn; and
(4) The regulations concerning check cashing procedures are observed by the casino licensee and its employees and agents.
Nothing in this subsection shall be deemed to preclude the establishment of an account by any person with a casino licensee by a deposit of cash, recognized traveler's check or other cash equivalent, or a check which meets the requirements of subsection (g) of this section, or to preclude the withdrawal, either in whole or in part, of any amount contained in such account.(c) When a casino licensee or other person licensed under this chapter, or any person acting on behalf of or under any arrangement with a casino licensee or other person licensed under this chapter, cashes a check in conformity with the requirements of subsection (b) of this section, the casino licensee shall cause the deposit of such check in a bank for collection or payment within:
(1) seven calendar days of the date of the transaction for a check in an amount of $1,000.00 or less;
(2) 14 calendar days of the date of the transaction for a check in an amount greater than $1,000.00 but less than or equal to $5,000.00; or
(3) 45 calendar days of the date of the transaction for a check in amount greater than $5,000.00.
Notwithstanding the foregoing, the drawer of the check may redeem the check by exchanging cash, cash equivalent, chips, or a check which meets the requirements of subsection (g) of this section for the difference between the original check and the cash or chips tendered; or he may issue one check which meets the requirements of subsection (b) of this section in an amount sufficient to redeem two or more checks drawn to the order of the casino licensee. If there has been a partial redemption or a consolidation in conformity with the provisions of this subsection, the newly issued check shall be delivered to a bank for collection or payment within the period herein specified. No casino licensee or any person licensed under this chapter, and no person acting on behalf of or under any arrangement with a casino licensee or other person licensed under this chapter, shall accept any check or series of checks in redemption or consolidation of another check or checks in accordance with this subsection for the purpose of avoiding or delaying the deposit of a check in a bank for collection or payment within the time period prescribed by this subsection. In computing a time period prescribed by this subsection, the last day of the period shall be included unless it is a Saturday, Sunday, or a local or federal holiday, in which event the time period shall run until the next business day.(d) No casino licensee or any other person licensed under this chapter, or any other person acting on behalf of or under any arrangement with a casino licensee or other person licensed under this chapter, shall transfer, convey, or give, with or without consideration, a check cashed in conformity with the requirements of this section to any person other than:
(1) The drawer of the check upon redemption or consolidation in accordance with subsection (c) of this section;
(2) A bank for collection or payment of the check; or
(3) A purchaser of the casino license as approved by the Commission.
The limitation on transferability of checks imposed herein shall apply to checks returned by any bank to the casino licensee without full and final payment.(e) No person other than one licensed as a casino key employee or as a casino employee may engage in efforts to collect upon checks that have been returned by banks without full and final payment, except that an attorney-at-law representing a casino licensee may bring action for such collection.
(f) Notwithstanding the provisions of any law to the contrary, checks cashed in conformity with the requirements of this chapter shall be valid instruments, enforceable at law in the courts of the Virgin Islands. Any check cashed, transferred, conveyed or given in violation of this chapter shall be invalid and unenforceable for the purposes of collection but shall be included in the calculation of gross revenue pursuant to section 402 of this title.
(g) Notwithstanding the provisions of subsection (b) of this section to the contrary, a casino licensee may accept a check from a person to enable the person to take part in gaming or simulcast wagering activity as a player, or may give cash or cash equivalents in exchange for the check or may accept a check in redemption or partial redemption of a check issued in accordance with subsection (b) of this section, provided that:
(1)
(a) The check is drawn by a casino licensee pursuant to the provisions of subsection (i) of section 456 of this title or upon a withdrawal of funds from an account established in accordance with the provisions of subsection (b) of this section or is drawn by a casino licensee for winnings from slot machine payoffs, simulcasting wagers or authorized games;
(b) The check is issued by a banking institution which is chartered in a country other than the Virgin Islands or the United States, on its account at a federally chartered or territorially chartered bank, and is made payable to “cash”, “bearer”, a casino licensee, or the person presenting the check, or
(c) The check is issued by a banking institution which is chartered in the United States on its account at another at another federal chartered or state-chartered bank is made payable to “cash”, “bearer”, a casino service licensee, or the person presenting the check,
(2) The check is identifiable in a manner approved by the Commission as a check issued for a purpose listed in paragraph (1) of this subsection;
(3) The check is dated, but not postdated;
(4) The check is presented to the cashier or the cashier's representative by the original payee and its validity is verified by the drawer; and
(5) The regulations concerning check cashing procedures are observed by the casino licensee and its employees and agents. No casino licensee shall issue a check for the purpose of making a loan or otherwise providing or allowing any advance or credit to a person to enable the person to take part in gaming activity as a player.
(h)
(1) Notwithstanding the provisions of subsections (b) and (c) of this section a casino licensee may, at a location outside the casino, accept a personal check or checks from a person for up to $1,500 in exchange for cash or cash equivalents, and may at such locations within the casino as may be permitted by the commission, accept a personal check or checks for up to $1,500 in exchange for cash, cash equivalents, tokens, chips or plaques to enable the person to take part in gaming or simulcast wagering activity as a player provided that:
(a) The check is drawn on the patron's bank or brokerage cash management account;
(b) The check is for a specific amount;
(c) The check is made payable to the casino licensee;
(d) The check is dated but not post-dated;
(e) The patron's identify is established by examination of one of the following: valid credit card, driver's license, passport, or other form of identification credential which contains at a minimum, the patron's signature;
(f) The check is restrictively endorsed “For Deposit Only” to the casino licensee's bank account and deposited on the next banking day following the date of the transaction; and
(g) The total amount of personal checks accepted by any one licensee pursuant to this subsection that are outstanding at any time including the current check being submitted does not exceed $1,500.
(2) Nothing in paragraph (1) of this subsection shall be construed to limit the authority of the casino licensee to accept and exchange for cash or cash equivalents other than tokens, chips or plaques a check from a patron that is not offered or exchanged in order to enable the patron or anyone else to take part in gaming or simulcast wagering activity as a player, provided that:
(a) The patron so certifies;
(b) The casino licensee has no reason to believe that the cash equivalents will be used to enable the patron or anyone else to take part in gaming or simulcast wagering activity as a player;
(c) The check is not accepted or exchanged in the casino or simulcasting facility; and
(d) The casino licensee maintains full documentation of the transaction in accordance with regulations established by the commission.
(i) Checks cashed pursuant to the provisions of paragraph (1) of subsection (h) of this section which are subsequently uncollectable may not be deducted from the total of all sums received in calculating gross revenue pursuant to section 402 paragraph (34) of this chapter.
(j) A person may request the commission to put that person's name on a list of persons to whom the extension of credit by a casino as provided in this section would prohibited by submitting to the commission the person's name address and date of birth. The person does not need to provide a reason for this request. The commission or the credit department of a casino shall divulge the names on this list to any person or entity other than those provided for in this subsection. If such a person wishes to have that person's named removed from the list, the person shall submit this request to the commission, which shall so inform the credit departments of casinos no later than three days after the submission of the request.