Cruise Casino Regulations, 2015

L.N. 132 of 2015

GAMING ACT

(CAP. 400)

Cruise Casino Regulations, 2015

IN EXERCISE of the powers conferred by article 50 of the

Gaming Act, the Minister responsible for the Lotteries and Gaming

Authority, after consultation with the Lotteries and Gaming

Authority, has made the following regulations:-

PART I

Preliminary

The title of these regulations is the Cruise Casino

Regulations, 2015.

PART II

Definitions

Approval Fee

(Regulation 4)

An approval fee amounting to -

(a) five hundred euro (€500) shall be payable in

advance to the Authority for a cruise ship having the maximum

capacity of one thousand five hundred (1500) passengers; or

(b) one thousand euro (€1,000) shall be payable in

advance to the Authority for a cruise ship having a maximum

capacity of one thousand five hundred and one (1501)

passengers or more.

(1)

In these regulations unless the context otherwise

requires -

"Act" means the Gaming Act;

"applicant" means a person that files an application for a cruise

casino approval under these regulations;

"Authority" means the Malta Gaming Authority established

under article 9 of the Lotteries and Other Games Act;

"call" means when a cruise ship is moored at or within Maltese

territory during a particular voyage;

"cruise casino" means a casino on board a cruise ship;

"cruise casino approval" means an official approval issued by

the Authority for a cruise casino operator;

"cruise ship" means a passenger ship used for pleasure voyages

with a minimum of three ports of call in three different jurisdictions

which may or may not include Malta, having its own amenities, that

include lodging facilities for all passengers, and a minimum capacity

of 150 passengers

Provided that ferry boats used for transporting passengers and,

or cargo shall be excluded from this term;

"Gozo" means the land territory of the island of Gozo, including

all ports and harbours at which vessels may be moored;

"inspector" means an inspector as defined under the Act;

"Malta" means the land territory of the island of Malta,

including all ports and harbours at which vessels may be moored;

"Maltese territory" means the Maltese territorial waters as

regulated under Maltese law;

"passengers" means persons who are registered as passengers on

a cruise ship for a particular voyage and who are eighteen years of

age and older.

(2) In these regulations, if there is any conflict between the

English and Maltese texts, the English text shall prevail.

PART III

Approval - General

Notwithstanding the provisions of any other law, Requirement of

regulation, licence or authorisation, no person may operate a cruise an approval.

casino within the Maltese territory unless he is in possession of a

cruise casino approval issued by the Authority.

(1) The Authority shall not issue a cruise casino Grant of an

approval

approval unless the following conditions are satisfied -

(a)

the payment, upon submission of the application, of

the non-refundable approval fee as established in the Schedule;

(b) only registered passengers may play within the

cruise casino;

(c)

the cruise casino shall be operated any time between

six o’clock in the evening (6pm) and six o’clock (6am) in the

morning of the following day

Provided that a person who intends to operate a cruise

casino within the Maltese territory may only do so on a temporary

and occasional basis and subject to the conditions laid out in sub-

regulation (1)

Provided further that in case of doubt as to whether a

cruise casino call is a temporary and occasional one or otherwise, the

Authority shall have the power to conclusively determine the matter

after taking into account all matters which the Authority considers

relevant in the circumstances

Provided further that when the cruise casino shall be

moored for a minimum of one overnight stay in Malta, and a

minimum of one subsequent day in Gozo, or a minimum of one

overnight stay in Gozo and a minimum of one subsequent day in

Malta, it shall be exempt from payment of the application fee. For the

purposes of this proviso "day" shall mean a stay of not less than six

(6) hours.

Except where these regulations expressly provide

otherwise, the provisions of the Act shall not apply to any gaming

which takes place in a cruise casino; notwithstanding the provisions

of this regulation, the Authority may issue directives to regulate such

activities held therein.

A cruise casino approval issued by the Authority shall be

for a term not exceeding the duration of the call.

(1) Applications for a cruise casino approval shall be

made on such forms designated by the Authority from time to time

and shall be submitted to the Authority at least sixty days prior to the

call, together with any documents requested therein

Provided that the Authority may consider a late application

subject to a reasonable justification.

(2) Following receipt by the Authority of a renewal

application for a cruise casino approval, the Authority shall issue such

approval if the Authority is satisfied that the applicant has, at all times

during the original or preceding term of the cruise casino approval,

complied with

(a)

the provisions of these regulations;

(b)

the terms and conditions of the approval; and

(c)

any directive issued by the Authority in terms of the

Act or of these regulations, which is applicable to such

approval.

A cruise casino approval granted by the Authority may

impose conditions relating to, inter alia

(a)

the proper operation of casino games;

(b)

the protection of players;

(c)

the prevention of money laundering;

(d)

exigencies of public interest

Provided that the Authority may at any time amend the

conditions of a cruise casino approval by notifying the holder of a

cruise casino approval in writing of any amendments.

An approved cruise casino shall comply with

Obligations of a

cruise casino.

(a) any applicable code or codes of conduct, as well as

any directives that may be issued by the Authority in respect of

relevant gaming devices and, or games provided in the approved

cruise casino;

(b) any conditions specified in the cruise casino

approval; and

(c)

the provisions contained in these regulations.

A cruise casino approval issued by the Authority may not Assignment and

be assigned or transferred in any way whatsoever to any other person, transfer

approval

and any such assignment or transfer to any other person shall be prohibited.

considered null and void and constitute sufficient grounds for the

Authority to cancel the approval.

PART IV

Enforcement

Without prejudice to anything contained in articles 5, 10 Power of

and 11(1) of the Act, an inspector shall, for the purpose of inspectors.

ascertaining that these regulations and that all the conditions of a

cruise casino approval issued by the Authority under these

regulations are being complied with, also have the power to access an

approved cruise casino without prior notice.

Any contravention of any provision of these regulations Contraventions,

shall be considered an offence against the Act and the provisions of fines

penalties.

articles 42, 42A, 47 and 48 of the Act shall apply.

PART V

Inapplicability

These regulations shall not apply to cruise ships, whether Inapplicability.

registered in Malta or otherwise, whilst outside the Maltese territory.