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Casino Act, 1992

This section defines key terms used in the Act, including betting, gaming, casino, gaming machine, gross revenue, and related licensing terms. You need a valid casino licence to operate a casino,…

age restrictionsalcohol salescasinocasino licence transfercasino licencescasino licensingcasino operationscasino regulationcompliancedebt recoverydefinitionsemployee conductfee assessmentfeesgaminggaming machineshotel requirementinspection powersinspectionslicence conditionsBusiness registrationministerial consentnotice to licenseepayment deadlinepenaltiespermits and licensingrecord-keepingrecordkeepingregulationregulatory complianceregulatory enforcementtemporary casino licencetrade licensing
Jurisdiction
Zambia
Structure
16 provisions
Citation
Act 13 of 1992
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

Purpose and legislative effect

“This section defines key terms used in the Act, including betting, gaming, casino, gaming machine, gross revenue, and related licensing terms.”

This section defines key terms used in the Act, including betting, gaming, casino, gaming machine, gross revenue, and related licensing terms. You need a valid casino licence to operate a casino, and the Minister may issue one subject to the Act, prescribed fees, and conditions. The Minister may issue a temporary casino licence on application, if the prescribed fee is paid and any conditions the Minister considers necessary are met. The Minister must not grant a casino licence unless the premises meet structural, sanitation, and surveillance-camera requirements. The licensee must also maintain a hotel on the licensed premises, and the Minister may set additional licence conditions. The Minister may revoke a casino licence if listed problems occur, including convictions, licence-condition breaches, failure to run and maintain a hotel as required, or non-payment of licence fees.

02

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( 1) The Minister may, revoke a casino licence where

The Minister may revoke a casino licence if listed problems occur, including convictions, licence-condition breaches, failure to run and maintain a hotel as required, or non-payment of licence fees.

Section 6

The Casino Act,

This section repeals the Casino Act, 1961 and the Gaming Machines (Prohibition) Act, 1974.

Section 18

04

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 16 of 16 provisions

Provision 10Offence 4CommencementRepeal
§ 2In this Act, unless the contmct otherwise requiresProvision

This section defines key terms used in the Act, including betting, gaming, casino, gaming machine, gross revenue, and related licensing terms.

2. In this Act, unless the contmct otherwise requires- " betting " means wagering or staking o.ny money or valuable thing by or on bohalf of any pen-on, or os­ prossly or implioclly undertaking, promi•ing or agreeing to wager or stnke by or on behalf of any person, any money or valuable thing 011 any horse race, 01 other race, fight, gam!', sport, lottf ry or exercise or any other ovent or contingency; an<l "1,ot "ancl " to bet" shall be construed accordingly; " card game " moonR 11.n.v game of cards specified in a casino licence; " casino " men,ns any premise!! kept and managed for the purpose of gaming; " casino Iiconro " men.nR a licence issued undrr sootion tliru or/our; F..na.ctment Short titlo Intorpre• ta.tion Sinole CQpiu of t/,i.a Aci may b6 ol>tained from t/16 Gcwornment Print«, P.O. B<n1 30136, 10100, Lwaka. Price Kl0.00. 52 No. 13 of 1992] OasiM " casino inspector " means any persun 11,ppointed as an ins11eotor under section eigllt; " gaming " means the playing of a game of cha.nee for winnings in monoy or moneys worth, and the word " go.me "sha.ll be conatrued acoord�gly; "game of chance " sha.11 not include a.ny athletic game or sport; "gaming machine" means a machine for playing a. game of chance, being a game which requires no action by any player other than the actuation or manipulation of the machine; "gross revenue" mea.ns the total incomo derived or recieved from gaming at a casino and includes credit extended to cutomers, any hiring charge or commission pa.id on gaming machines and the entry fee to the casino 1881 only the total of all sums paid out as losses by the licensee in respect of games played under a casino licence; "intoxicating liquor" has tho meaning assigned to it in the Liquor Licensing Act; nlicensed premises" means any premises in respect of which a casino licence is in force; "licence" means the holder of a. valid casino licence or temporary casino licence; "quarter-year" meaD8 one quarter of a calendar year; "temporary casino licence" means o. licence issued under section/our; "winnings" include any amount deducted for the benefit of the licensee from any stako or bank in o.ny game not being an amount deducted from the receipt. of &ny slot machine.
Section 2Verify source
§ 3(1) No person sha.11 operate a casino without a validOffence

You need a valid casino licence to operate a casino, and the Minister may issue one subject to the Act, prescribed fees, and conditions.

3. (1) No person sha.11 operate a casino without a valid casino licence issued under this Act . (2) Any person who wishes to operate a. casino sha.11 apply t-0 the Minister who ma.y, subject to the other provision of thia Act and to the payment ofsuch foes as may be prescribed, a.nd on such terms and conditions &1 he may oonaider neceaaa.ry, issue a. casino licence to a.ny person. (3) A cMino licence shall rema.in in force for such period, not exceeding five yea.rs, as is specified in the casino licence. (4) A casino licence shall o.uthorise- (a) the playing in or on such part of the licerued premilea as is specified in the casino licence of such ga.m01, tables and gaming machines a.a a.re specified in it; (b) subject to the provisions of the Hotels Act, the carrying on and maintenance of o. hotel on the licensed premise,; Cap.1.20 Iaueof .!&lino lioeooe .A,ot No. J7 of 1087 Ca.aim:, [No. 13 of 1992 53 (c) the sa.le on the licensed premises to a.ny person o.t any time of the day and night of intoxicating liquor for consumption on the licensed premfaes; a.nd (d) the carrying on by the licensee in the licensed premises of any trade or business specified in the casino licence. (6) A casino licence shall specify the number of tables authorised under the casino licence for the playing of any game and the number of gaming machines authorised under tho casino licence. (6) No licensee shall operate or allow to be operated, any tables for the playing of any game or gaming machlnes in excess of the number authorised under the casino licence. (7) Any person who- (a) keeps or allows to be kept on any premises a gaming machine for tho purpose of gaming without a casino licence; or (b) contravenes any of the provisions of this section: shall be guilty of an offence and shall be liable to a fine not exceed'ng five thousand kwacha or to imprisonment for a period not exceeding two years or to both. (8) When any person is convicted of an offence under sub­ section (7) the court which convicts that person shall, in addition to any penalty imposed under subsection (7), ordor the forfeiture to the Government of the tables 01 gaming machines which were tho subject matter oftho offence.
Section 3Verify source
§ 4(1) Tho Minister ma.y, on application, issue a temporaryProvision

The Minister may issue a temporary casino licence on application, if the prescribed fee is paid and any conditions the Minister considers necessary are met.

4. (1) Tho Minister ma.y, on application, issue a temporary casino licence to any person, subject to tho payment of such fee<J tlS may be prescribed and on such tel'ms and conditions as the Minister may consider necessary. (2) A temporary casino licence shall remain in force for such period, not exceeding thirty days, as is spocifiod in it. (3) A temporary casino licence shall authoriS&- (a) the playing in or on the licensed promises as is specified in the licence of any game specified in the licence, but shall not include gaming machines; (b) the sale on the licenced premises to any person a.t any time, during the playing of such garoos, of intoxicating liquor for consumption on the licensed premises; and (c) the carrying on by the licensee in tho licensed promises of any trade or business specified in the licence. Issuo of temporary casinc, licence
Section 4Verify source
§ 5( l) The Minister shall not grant a casino licence underProvision

The Minister must not grant a casino licence unless the premises meet structural, sanitation, and surveillance-camera requirements. The licensee must also maintain a hotel on the licensed premises, and the Minister may set additional licence conditions.

5. ( l) The Minister shall not grant a casino licence under section three to any person unless- (a) the premises in respect of which the application for a casino licence is made are structurally adopted for use aaa cnsino; Conditions under which a. licenco abnll be granted (b) proper provision has been made for tho sanitation of the casino; and 54 No. 13 of 1992] Casino (c) proper provision has been made for surveillance cameras to be fitted for the monitoring of the game sw.d other activities in tho gaming premises. (2) The licensee, throughout the currency of the casino licence, shall can-y on and maintain, on the licensed premisos a hotel of 1:uch size and standard as may be specified in the casino licence. (3) The Minister may prescribe other conditions to a casino liconco-- (a) relat.ing to the method of operation of any game; (b) relating to the operation of any hotel carried on and maintained on the licensod premises; (c) for the purposos of ensuring that the operation of the licensed premises does not detract from the natural beauty and amonities of any place near tho licensed premises; (d) for the purposes of onsurin� that tho operation of tho licensed premises accords with decency, dignity, good taste and honesty; (e) requiring the keeping of such books, forms, accounts and rocorcls relating to casino operations in such form as he may prescribo; and (f) relating to any other mattors which he may consider necessary or incidental to a casino licence.
Section 5Verify source
§ 6( 1) The Minister may, revoke a casino licence whereOffence

The Minister may revoke a casino licence if listed problems occur, including convictions, licence-condition breaches, failure to run and maintain a hotel as required, or non-payment of licence fees.

6. ( 1) The Minister may, revoke a casino licence where- (a) the licensoo or any omployoe of the licensee has been convicted of an offence under th.is Act or of an offence relating to the sale of intoxicating liquor on tho licensed promises; (b) the licensee has contravened or failed to comply with any of the conditions of tho casino licence; (c) the licensee has failed to carry on and to mainta.in a hotel in accordance with tho conditions of tho casino licence; or (d) the liconseo ha� failed to pay the hcence feos payable for tho liconce and for the game.� in opora.tion. (2) The Minister shall not revoke a casino licence under paragraph (a) of subsection (1) unless- (a) the license has been informed in writing of the grounds upon which it is proposed to revoke the casino licence and shall give tho licensoe an oppor­ tunity of making representations, in writing, in relation to the proposed revocation; (b) he is satisfied that the offence is of such a. serious nature or was ommitted in circumstances of such seriousness as in his opinion warrants such revocation; or Hovoco.tion of casino licence Casino [No. 13 of 1992 55 (c) tho.t tho licensee or o.ny employee of the licensee has on a pl'evious occcsion been convicted of an offence undtr this Act.
Section 6Verify source
§ 7( 1 ) A casino licence shall ba transferable only wjth theProvision

A casino licence can be transferred only if the Minister consents, and the Minister may vary licence conditions on the licensee’s application.

7. ( 1 ) A casino licence shall ba transferable only wjth the consent of the :l\1inister, which consent may be given or withheld in the absolute discretion of the Minister. (2) The Minister mn,y, on the application of the licensee, at any time, during the currency of a casino licence, vary any condition of the cMino licence · Provided that whore the C'Onditions to be varied relate to the fees for the games listed in the licenco, the :Minister shall before having such conditions varied, direct an inspection uf the games to be carried out.
Section 7Verify source
§ 8Section 8Provision

The Minister must appoint enough inspectors to ensure compliance, and inspectors must produce their certificate of appointment when demanded by an affected person.

8. (1) In order to ensure compliance with the provisions of imposed under this Act, the this Act, or any condition Minister shall appoint such number of inspectors as he may consider necessary. (2) Every inspector shall be provided with a certificate of appointment which shall be prima facie evidence of the inspector appointment as such. (3) An inspector shall on demand by any person affected by the exercise of an inspector's powers under this Act, produce for inspection the certificate referred too in subsection (2).
Section 8Verify source
§ 9(1) In the performance of his duties an inspector shallProvision

An inspector has power, while performing duties, to enter and inspect licensed premises and related records, equipment, and casino gaming counts.

9. (1) In the performance of his duties an inspector shall have power- Transfer and vari fication ofa casino licence Casino inspoctors Powors of Inspoctors (a) at any time to enter and inspect tho licensed permises ; (b) to inspect all equipment and supplies in or about the licensed premises ; (c) on demand to have access to and inspect, examine and audit all papers, books and rcocrds of the licensee the gross revenue produced by tl:..e representing games played under the casino licence; (d) to seize and remove from the licensed premises any equipment or supplies for the ptu-poso of examination and inspection ; (e) be present a.t aud supervise the counting at the close of business of the casino on any day of the money received by the casino in gaming during that day ; and (f) be present at and superrse the calculation of the gross winnings made on any day.
Section 9Verify source
§ 10(1) Any person who on any licensed premisesOffence

On licensed premises, a person must not let young people play games, enter gaming areas, or work on the organisation or management of games.

10. (1) Any person who on any licensed premises- (a) plays any game with or permits the playing of any game by any young person; Gaming by minors prohibited (b) allows any young person to enter any part of the licensed premises where any game is played, whether for the purpose of gaming or otherwise; I j 56 No. 13 of 1992) Casino ( c ) employs in the organisation or for the management of any game any young person ; shall be guilty of an offence and liable on, conviction, to a fine not exceeding twenty thousand kwacha. or to imprisonment for a. poriod not exceeding two yeti.rs, or to both. (2) In this section "young person" means any person under the age of eighteen yea.rs. (3) It shall not be a. dofence for any lioensee or employee of the licensee charged with an offence under subsection (1) that he did not know of the presence t f any young person or that such young person was present without his consent, unless he shows, to tho satisfaction of the court that he took all resonable steps to ensure that no young person was admitted to such licensed premises. 1 1. ( 1 ) The Minister may at any time, and shall at least once in every twelve months, require a licensee to submit to hlm- (a) a proporly audited statement of accounts stating the gross winnings of the casino on each day, or during such other period as he may require; (b) o. declaration that the fees payable in respect of the gross winnings of any particular period calculated in accordance with this Act have been paid ; and (c) any othor information which the Minister may require relating to the operation of a casino. (2) Any person who refuses or fails to submit a. statement of accow1ts as and when required by the Minister or who know­ ingly submits a false or misleading statement shall be guilty of an offence and liable to a fine not exceeding one hundred thou­ sand kwacha or to imprisonment for a term not exceeding one yea.r, or to both.
Section 10Verify source
§ 12(1) Not withstanding any other provisions of this Act, ifProvision

The Minister may assess fees payable by a licensee and must notify the licensee in writing; the assessed amount becomes payable within the period the Minister states in that notice.

12. (1) Not withstanding any other provisions of this Act, if the Minister has reason to believe that any amount of fees has been incorrectly computed by a licensee or when any licensee fails in any month to submit to the Minister a statement in accordance with section eleven, the Minister may assess the amount of fees, if any, payable by the licensee as may, in the circumstances, appear proper to the Minister under the pre­ visions of this Act. (2) Where any fees aro assessed by the Minister in accordance with this section, the Minister shall give notice in writ,ing to the licensee stating the amount so assessed and such amount of feos shall be duo and payable by the licensee within such period following the date of such notice as the Minister may, in the notice, direct: Submission of •ta.tomont of
Section 12Verify source
§ 11CCOW\t,Provision

A licensee may appeal to the High Court within 30 days after the notice date.

11.CCOW\t, eto. Assassmani b.v the ministry • • [No. 13 of 1992 57 Provided that a licensee may appeal within thirty days of the date of such notice to the High Court.
Section 11Verify source
§ 13(1) The holder of a casino license shoJJ. not require anyProvision

A casino licence holder does not need certain liquor or trades licences for activities covered by the casino licence, and some Liquor Licensing Act rules do not apply.

13. (1) The holder of a casino license shoJJ. not require any licence under the liquor Licensing Act for the purpose of the sale of into:xica.ting liquor and nothing in the said Act relating to the hours of sale of intoxicating liquor shall apply to. sales of intoxicating liquor under a casino licence. Non­ application of certain provisions Cap, '29 (i) Subject to the provisiont1 of subsection ( 1), a casino licence aha.II, for the purpose of parts VII tLntl IX of the Liquor Licensing Act, be deemed to be a licence under that Act and licensed premises under this Act shall be deemed to be licen- sed premises under the Liquor Licensing Act. (3) The holder of a. casino licence shall not be required to hold a licence under the Trades Liconsing Act in respect of any trades specified in the casino licence a.nd the provisions of that Act shall not apply in relation to any sa.le of goods under a casino licence. Cap. i29 Cap. 707 (4-) For the purpose of subsection (3) of section one of the Trades Licensing Aot, a. oa.sino licanca shall not be doomed 4to Cap. 707 relate to any goods.
Section 13Verify source
§ 14Without prejudice to any other remedy, any tax,Commencement

Casino licence holders must pay an annual fee and several additional fees, and tax or penalty amounts due under the Act can be recovered as civil debts.

14. Without prejudice to any other remedy, any tax, penalty or other sum payable under this Act sha.11 be a debt due to the Government and may be recovered as a civil debt by a. suit in the name of the Attorney-General. 15 (1) There shall be pa.id in respect of every casino licence issued under this Act an annual fee of K30,000 and the following 1 additional licence fees: (a) In respect of ea.ch yea.t' during the currency of the casino licence there shall be paid- (i) the sum of Kl0,000 where one table or wheel, other than a. card game, is specified in the ca.sino licence; Tax t.o be recovered aa civil debt Fees (ii) the sum of Kl2,000 for ea.ch table or whee] where two or more tables or wheels, other than a. card game, not exceeding ten, are specified in the casino licence; and (iii) the sum of Kl5,000 for ea.ch table or wheel in excess of ten where the number of ta.bles or wheels or a. go.me, other tha.n a, ca.rd game, specified in the casino licence is more than ton. (b) In respect of each quarter-ye&r during the currency of the casino licence- (i) the sum of Kl0,000 for ea.ch table authorised under the casino licence for the playing of card games; and 58 No. 13 of 1992] (ii) the sum of KS,500 for each gaming machine authorised to be operated under the casino licence; (c) In respect of each quarter-year during the currency of the casino licence 20 per centum of the gross revenue for a quarter year. (d) A fee of K5,000 in respect of each temporary casino licence issued. (2) The fees specified in paragraph (a) of subsection (1) shall be paid on or before the commencement of each year to which the fees relato. Otrenoee
Section 14Verify source
§ 16(1) Any licensee and any employee or agent of suchOffence

This section makes false entries and obstructing an inspector offences, with fines or imprisonment on conviction.

16. (1) Any licensee and any employee or agent of such licensee who- (a) makes a.ny fal�e entry in a statement or return required to be submitted to the Minister under of this Act; or (b) makes any fa.Jae entry in any account of the casino, with the intention that the same shall be taken to be true : shall be guilty of a.n offence and shall be liable upon con­ viction- (i) in the case of an individual, to imprisonment for a period not exceeding six months or to a fine not exceeding fifty thousand kwacha; or (i ) in the case of a corporation or limited company to a fine not exceeding one hundred thousand kwacha. (2) Any person who obstructs an inspector in the execution of his duties and powers under section nine of this Act shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding six months or to a fine not exceeding fifty hundred kwacha. (3) Where an employee or agent of the licensee commits an offence under this section, the licensee, and where the licensee is a corporation or limited company, any director and any principal officer of the corporation or limited company, shall be deemed to have abetted the commission of the offence unless he establishes to the satisfaction of the court that the offence waa oommitted without his knowledge and that he could not reasonably be expected to know that the offence was being oommitted..
Section 16Verify source
§ 17The Minister ma.y, by sta.tutory instrument, makeProvision

The Minister may make regulations by statutory instrument about games on licensed premises, licence applications, record formats, and anything needed to carry out the Act.

17. The Minister ma.y, by sta.tutory instrument, make regulations- (a) prescribing the manner in which games will be played in or on such part of the licensed premises; &gulationa O<Uino [No. 13 of 1992 59 (b) prescribing the procedure and format of applying for the isBUe, renewal or variation of any licence under this Act; (e) prescribing the format in which books, forms and accounts sha.ll be maintained by the licensee and also the format in which returns and statements shall be BUbmitted to the Mimster in accordance with this Act; and (d) generally for the carrying into effect of the purposes of this Act.
Section 17Verify source
§ 18The Casino Act,Repeal

This section repeals the Casino Act, 1961 and the Gaming Machines (Prohibition) Act, 1974.

18. The Casino Act, 1 96 1 , and the Gaming Ma.chines (Prohibition) Act, 1 97 4 , are hereby repea.led. Repeal of Ce.p. 252 and ,a1 • •
Section 18Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Attorney-General. 15 (1) There shall be pa.id in respect of every casino licence issued under this Act

    Section 14

G–M

2 instruments

  • Hotels Act

    Section 3

  • Liquor Licensing Act

    Section 13

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  • 31 Dec 1996 · currentEnglish

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