QU OF NT AT A FE RU

BERMUDA

CRUISE SHIPS (CASINOS) ACT 2013

2013 : 34

WHEREAS it is expedient to make provision for the operation of casinos on board a cruise ship while berthed in a designated port in Bermuda to encourage the growth and development of tourism in Bermuda; and to amend the Prohibition on Gaming Machines Act 2001 and the Criminal Code Act 1907 to exempt licensed cruise ships from gaming restrictions; Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Citation

1 This Act may be cited as the Cruise Ships (Casinos) Act 2013.

Interpretation

2 In this Act— “berth” means to moor or anchor a ship at a dock, pier, wharf or anchorage; “casino” means any room or place on a cruise ship which is kept and managed for gain by any person and in which persons may engage in gaming; “Commission” means the Bermuda Gaming Commission established by the Gaming Act 2014; “cruise ship” means a vessel that—

(a) operates for not less than 120 days each year, anywhere in the world;

(b) provides cruises of not less than 60 hours in length for persons holding tickets entitling them to travel on board the vessel; and

(c) provides on board the vessel overnight accommodation for not less than

500 passengers, or such other number of passengers as the Minister may by order specify. “designated port” means a port or anchorage specified in Schedule 1; “game of chance” includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined;

CRUISE SHIPS (CASINOS) ACT 2013

“gaming” means the playing of a game of chance for winnings in money or money’s worth whether any person playing the game is at risk of losing any money or money’s worth or not; “inspector” means an inspector appointed under section 12(4) of the Gaming Act 2014; “licence” means a licence issued under section 6(1); “licensed cruise ship” means a cruise ship licensed by the Commission under section 6(1) to operate a casino; “licensee” means a person granted a licence to operate a casino under section 6(1); “Minister” means the Minister responsible for the Bermuda Gaming Commission; “passenger capacity” means the maximum number of passengers a cruise ship can carry. [Section 2 definitions "Commission" inserted, "inspector" repealed and substituted, and "licensed cruise ship" and "Minister" amended by 2021 : 23 s. 33 effective 1 August 2021]

Licensing of a Casino

Prohibition on operating a casino on a cruise ship without a licence

3 No person shall operate a casino on a cruise ship berthed in a designated port unless that person has applied for and has been granted a licence by the Commission. [Section 3 amended by 2021 : 23 s. 34 effective 1 August 2021]

Eligibility for a licence to operate a casino

4 A licence will only be granted to a cruise ship that is scheduled to remain at a designated port in Bermuda overnight for a minimum period of 12 continuous hours arriving at the designated port no later than 6 p.m. and departing no earlier than 6 a.m. the following day.

5. Application for a licence to operate a casino

(1) The owner of a cruise line may make an application for a licence to the Commission at least one month prior to the date of the intended operation of the casino, or such circumstances as the Commission may permit.

(2) Where an agent has been appointed to act on behalf of a cruise line, the written application for a licence to operate a casino shall be accompanied by a letter of authorisation signed by the owner of the cruise line.

(3) In considering whether an application should be approved, the Commission may, without prejudice to its power to refuse the approval, have regards to the commitments which the applicant undertakes in respect of—

(a) opportunities for employment which would be created for Bermudians;

CRUISE SHIPS (CASINOS) ACT 2013

(b) the promotion and advertising of Bermuda as a tourist resort including promoting land and sea tours, attractions in Bermuda and viewing promotional films of Bermuda.

(4) In this section— “Bermudian” means a person who possesses Bermudian status under the Bermuda Immigration and Protection Act 1956; “cruise line” means a company which owns or operates a cruise ship and includes an agent of that company. [Section 5 subsections (1) and (3) amended by 2021 : 23 s. 35 effective 1 August 2021]

6. Licensing of a casino on a cruise ship

(1) The Commission may, on consultation with the Minister responsible for tourism, and on written application made to the Commission, grant a licence to operate a casino on a cruise ship while it remains berthed in a designated port, subject to any terms and conditions of a licence and to the provisions of this Act.

(2) A licence granted under subsection (1)—

(a) shall be issued subject to any terms and conditions the Commission sees fit;

(b) shall be issued to a named cruise ship as provided and described in the licence;

(c) shall remain valid for—

(i) 12 months if a cruise ship makes 15 or more voyages to Bermuda;

(ii) one voyage if a cruise ship makes 14 or less voyages to Bermuda.

(d) may be renewed from time to time for a further 12 months or any part thereof if a cruise ship makes 15 or more voyages to Bermuda;

(e) is not transferable.

(3) [Repealed by 2021 : 45 s. 2] [Section 6 subsections (1) and (2)(a) amended by 2021 : 23 s. 36 effective 1 August 2021; Section 6 amended by 2021 : 45 s. 2 effective 28 November 2021]

7. Licence Fee

(1) Before a licence is issued there shall be paid to the Commission, in respect of such licence, the fee as prescribed in Schedule 2.

(2) Notwithstanding subsection (1), a cruise ship with a passenger capacity not exceeding 2,000 passengers shall not be charged a licence fee. [Section 7 subsection (1) amended by 2021 : 23 s. 37 effective 1 August 2021]

CRUISE SHIPS (CASINOS) ACT 2013

8. Suspension, refusal, revocation, or variation of a licence

(1) The Commission may, on consultation with the Minister responsible for tourism—

(a) refuse to grant or renew a licence where a licensee fails to comply with any provision of this Act, any regulations made under this Act and any of the terms and conditions of a licence;

(b) when receiving an application for a licence, vary the licence on such terms and conditions as the Commission thinks fit;

(c) subject to subsection (2), suspend or revoke a licence where—

(i) the licence is obtained as a result of any misleading, false or fraudulent representation;

(ii) the licensee fails to comply with any provision of this Act, any regulations made under this Act and any of the terms and conditions of a licence.

(2) Prior to suspending, revoking or refusing to grant or renew a licence the Commission shall inform the licensee or applicant in writing of the grounds for the suspension, refusal or revocation of a licence and require the licensee to give reasons in writing within a specified time why the licence should not be suspended, revoked or refused.

(3) If the licensee fails to comply with the requirement in subsection (2) within the specified time or the reasons provided by the licensee are shown to be inadequate, the Commission, on consultation with the Minister responsible for tourism, may suspend or revoke a licence.

(4) The Commission shall send notice of the suspension, revocation or refusal to grant or renew a licence to the licensee by registered post at the last known postal address of the licensee. [Section 8 amended by 2021 : 23 s. 38 effective 1 August 2021]

9. Appeals

(1) Any person applying for a licence or a licensee aggrieved by a decision of the Commission to suspend, revoke or refuse to grant or renew a licence may appeal to the Supreme Court on any point of law within one month of being notified of it.

(2) The practice and procedure on an appeal under this section shall be governed by the rules of the Supreme Court. [Section 9 subsection (1) amended by 2021 : 23 s. 39 effective 1 August 2021]

Operation of a Casino

Licence to be displayed on ship

10 A licencee shall cause the licence to be displayed in a conspicuous place near the entrance to any casino on a cruise ship.

CRUISE SHIPS (CASINOS) ACT 2013

11. Conditions of operation of a casino

(1) A licensed cruise ship, when berthed in a designated port, shall only operate a casino—

(a) between the hours of 9 o’clock in the evening and 5 o’clock in the morning; or

(b) during such additional periods (not excluding the hours referred to in paragraph (a)) as the Commission may determine after receiving a written request in accordance with subsection (1A).

(1A) Where the owner of a cruise line wishes to operate a casino during additional periods to the period permitted under subsection (1)(a), he (or an agent authorised pursuant to section 5 to act on his behalf) may make such a request in writing to the Commission at the time of making an application for a licence under section 5.

(2) No person other than a passenger of a cruise ship shall be allowed to access a casino on a cruise ship for the purpose of gaming.

(3) In this section, “passenger” means a person contracted to be carried and accommodated on a cruise ship while it visits a port or ports. [Section 11 subsection (1) amended by 2021 : 45 s. 3 effective 28 November 2021; Section 11 amended by 2021 : 45 s. 3 effective 28 November 2021]

12. Inspections

(1) An inspector may board any cruise ship berthed in a designated port to ensure compliance with the licence and the provisions of this Act.

(2) An inspector may—

(a) inspect any casino situated on board a cruise ship;

(b) require the operator of any casino on board a licensed cruise ship to provide any information as is required to perform his duties. [Section 12 subsection (1) amended by 2021 : 23 s. 40 effective 1 August 2021]

Offences and Penalties

Operation of a casino on an unlicensed ship or contrary to a licence

13 Any person who operates a casino on a cruise ship—

(a) in respect of which there is no licence under this Act;

(b) contrary to the terms and conditions of a licence, is guilty of an offence and liable on summary conviction to a fine of $20,000.

CRUISE SHIPS (CASINOS) ACT 2013

Wrongfully procuring a licence

14 Any person who procures or attempts to procure a licence by representation or declaration, orally or in writing, which to his knowledge is false is guilty of an offence and is liable on summary conviction to a fine of $10,000.

Failing to comply with an inspector

15 Any person who—

(a) refuses to provide access to an inspector while performing his duties;

(b) fails to comply with any requirement made by an inspector, is guilty of an offence and liable on summary conviction to a fine of $5,000.

Failing to display licence

16 Any licensee who fails to post his licence in a conspicuous place near the entrance to any casino on licensed cruise ship is guilty of an offence and liable on summary conviction to a fine of $1,000.

Police powers

17 A police officer may arrest without warrant any person whom he reasonably believes is committing an offence under this Act.

Miscellaneous Provisions

Regulations

18 The Minister may make regulations generally for carrying out the purposes and provisions of this Act.

19. Amendment of Schedules

(1) The Minister may by order amend the Schedules to this Act.

(2) The negative resolution procedure shall apply to regulations made under section 18 and to orders made under subsection (1).

Consequential amendments

20 [Repealed by 2021 : 23 s. 52] [Section 20 repealed by 2021 : 23 s. 52 effective 1 August 2021]

Related amendment to Criminal Code Act 1907

21 The Criminal Code Act 1907 is amended in section 155 by inserting the following next after subsection (2)—

“(3) This section does not apply in respect of a casino on a cruise ship licensed under section 6(1) of the Cruise Ship (Casinos) Act 2013.”.

CRUISE SHIPS (CASINOS) ACT 2013

Commencement

22 This Act comes into operation on such day as the Minister may appoint by notice published in the Gazette.

CRUISE SHIPS (CASINOS) ACT 2013

SCHEDULE 1

(Section 2) DESIGNATED PORTS

1. Royal Naval Dockyard a) Heritage Wharf

2. b) King’s Wharf

3. b) Dock #5 c) Dock #6 d) Dock #7 e) Dock #8

4. b) Ordnance Island

5. Grassy Bay

6. Great Sound

CRUISE SHIPS (CASINOS) ACT 2013

SCHEDULE 2

(Section 7) LICENCE FEES

1. Cruise ships making 15 or more voyages to Bermuda

Class of Cruise Ship Licence Fee

No Charge Class A- passenger capacity not exceeding 2,000

$75,000 Class B- passenger capacity more than 2,000 not exceeding 2,500 $90,000 Class C- passenger capacity more than 2,500 not exceeding 3,000 $105,000 Class D- passenger capacity more than 3,000 not exceeding 3,500 $120,000 Class E- passenger capacity more than 3,500 not exceeding 4,000 $135,000 Class F- passenger capacity more than 4,000 not exceeding 4,500 $150,000 Class G- passenger capacity more than 4,500 not exceeding 5,000 $165,000 Class H- passenger capacity more than 5,000 not exceeding 5,500 $180,000 Class I- passenger capacity over 5,500

2. Cruise Ships making 14 or less voyages to Bermuda

Class of Cruise Ship Licence Fee

No Charge Class A- passenger capacity not exceeding 2,000 $5,000 Class B- passenger capacity more than 2,000 not exceeding 2,500 $6,000 Class C- passenger capacity more than 2,500 not exceeding 3,000

$7,000 Class D- passenger capacity more than 3,000 not exceeding 3,500

$8,000 Class E- passenger capacity more than 3,500 not exceeding 4,000

CRUISE SHIPS (CASINOS) ACT 2013

Class F- passenger capacity more than 4,000 not exceeding 4,500 $9,000

$10,000 Class G- passenger capacity more than 4,500 not exceeding 5,000

Class H- passenger capacity more than 5,000 not exceeding 5,500 $11,000

$12,000 Class I- passenger capacity over 5,500

[Assent Date: 14 October 2013]

[Operative Date: 11 April 2014]

[Amended by:

2021 : 23

2021 : 45]