Casino employment work permits; 90% bona fide resident provision

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  • (a) A casino licensee shall not appoint or employ any person not registered or not possessing a current and valid license permitting such appointment or employment. A casino licensee shall in accordance with the rules of the Commission, apply for a work permit for each employee, which shall be granted if the employee is the holder of a current and valid registration or license which permits employment in the position to be held. Each work permit shall be renewed annually in accordance with rules and regulations promulgated by the Commission.

  • (b) A casino licensee shall, within 24 hours or receipt of written notice thereof, terminate the appointment or employment of any person whose license or registration has been revoked or has expired. A casino licensee shall comply in all respects with any order of the Commission imposing limitations or restrictions upon the terms of employment or appointment in the course of any investigation or hearing.

  • (c) By the end of the third year of the opening of the first casino hotel facility licensed to operate in the Virgin Islands, ninety (90%) percent of all persons employed to work in any and all casino hotels and the local office of casino service industries licensed to do business in the Virgin Islands shall be bona fide residents, as defined in section 557 of this title. In the years prior to the end of the third year, the casino licensees and casino service industries licensed to do business in the Virgin Islands shall employ bona fide residents in the following percentages, in accordance with the timetable stated: at least sixty-five (65%) percent by the end of the first year of the opening of the first casino hotel facility licensed to do business in the Virgin Islands; at least seventy-five (75%) percent by the end of the second year of the opening of the first casino hotel facility licensed to do business in the Virgin Islands.

    • (1) The primary obligation for carrying out the 90% “bona fide continuous resident” provision rests with the casino licensees who shall submit quarterly reports to the Casino Control Commission showing strict compliance with this measure. Waiver from this provision will only be granted upon demonstration by the casino licensee or casino service industry in its local office that diligent efforts were made to locate qualified, bona fide continuous residents through the Department of Labor and by publication in local newspapers and other media, and that none were available.

    • (2) The Commission shall establish a fine to be imposed on a casino licensee who does not comply with this provision, the Commission shall assess a fine against the Casino licensee.

    • (3) If the Commission determines that a casino licensee has failed to demonstrate compliance with the 90% bona fide continuous resident provision, the casino licensee will have 90 days from the date of the determination within which to comply with the provision.

    • (4) Continued non-compliance shall result in suspension of the licensee's casino license, unless the licensee can clearly demonstrate to the Commission the non-availability of bona fide residents.

    • (5) Any and all violations of this subsection shall be considered a civil violation subject to penalties established by the Commission.


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