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Fiji Subsidiary Legislation |
FIJI ISLANDS
[LEGAL NOTICE NO. 87]
GAMING (FORMS AND FEES) REGULATIONS 2009
1. Citation and commencement
2. Application forms for gaming licenses
3. Issuing of gaming license by licensing authority
4. Waive or vary of gaming license fees
| Schedule 1 - | Form No. 1 - Class 1 gaming license Form No. 2 - Class 2 gaming license Form No. 3 - Gaming License |
Schedule 2 - Fees
_____
GAMING DECREE 2009
(DECREE No. 34 of 2009)
_____
Gaming (Forms and Fees) Regulations 2009
IN exercise of powers conferred upon me by section 50 of the Gaming Decree 2009, I make the following Regulations -
Citation and commencement
1.—(1) These Regulations may be cited as the Gaming (Forms and Fees) Regulations 2009.
(2) These Regulations are deemed to have come into force on 1st day December, 2009.
Application for a gaming license
2.—(1) An applicant for a gaming licence for a Class 1 must fill the approved application form as set out in Schedule 1 Form No. 1, and pay the appropriate prescribed fee mentioned in Schedule 2.
(2) An applicant for a gaming licence for Class 2 must fill the approved application form as mentioned in Schedule 1 Form No. 2, and pay the appropriate prescribed fee mentioned in Schedule 2.
(3) Any person applying for a gaming licence must submit, wherever applicable, the details of any other information or document as the licensing authority may require in writing.
Issue of gaming license by licensing authority
(3).—(1) The licensing authority before issuing a gaming license must be satisfied that the applicant meets the prerequisite and conditions set out in the Decree.
(2) The licensing authority must issue a gaming license in accordance with the form set out in Schedule 1 Form No. 3.
(3) The licensing authority may annex to the gaming license issued, special terms and conditions pertaining to each licensee's operation.
Waive or vary of gaming license fees
4. The Attorney General may waive or vary the gaming license fee mentioned in Schedule 2, but such decision must be based on reasonable grounds.
Dated this 12th day of November 2009.
A. SAYED-KHAIYUM
Attorney General and Minister for
Justice, Public Enterprises, Industry,
Tourism, Trade and Communications
_____
Schedule l
FORM NO. 1
_________________________________________________________________________
GAMING DECREE 2009
Section 10(2)
CLASS 1 GAMING LICENSE
APPLICATION FORM
_________________________________________________________________________
Lottery Licensing Section
Solicitor General/Divisional Commissioner (Central/Eastern/Western/Northern) (Where the total value of prizes offered in the lottery
exceeds $100 but does not exceed $5000, the application is to be made to the relevant Divisional Commissioner in which the lottery/games
will be played. Where the total value of prizes exceeds $5000, the application is to be made to the Solicitor General at Floor 7,
Suvavou House, Suva).
_________________________________________________________________________
| if you are completing this form by band, please write legibly in block capitals using ink. |
_________________________________________________________________________
Section A — Details of SOCIETY/CLUB applying for License.
1. Name of Society /Club.
2. Address of head office.
3. Telephone number of society /club.
4. Please state the purpose(s) for which the society or club is established and conducted.
5. If society or club is a registered charity please give the charity registration number.
6. Has the society, or club held and operating license under Gaming Act (Cap 274) or Gaming Decree 2009 ending with the date of this application? Yes No
7. If the answer is yes to question 6, has the operating license been revoked in the period of 5 years ending with the date of this application? Yes No
8. If the answer is yes to question 7, please state the reasons for revocation and enclose a copy of the notice or revocation if one is available.
9. Has the society/club applied for and been refused a gaming license in the period of five years ending with the date of this application?
Yes No.
_________________________________________________________________________
Section B — General Information about person applying on behalf of society/club.
10. Name
11. Capacity
12. Address
13. Daytime telephone number
_________________________________________________________________________
Section C — Contact details for correspondence associated with this application
14. Please tick one box appropriate to indicate address for correspondence in relation to this application,
| Address in section A | | Address in section B | | Address below | |
| Address (including post code) | |||||
Telephone Number
_________________________________________________________________________
Section D — Use of Net Proceeds
What will the money raised from this event be used for? (Attach separate sheet if necessary)
| (a) | (b) |
| (c) | (d) |
_________________________________________________________________________
Section E — Games of Chance and License Fee
| GAMES | NUMBER | Will admission tickets be sold? Y/N Will there be a raffle? Y/N | |
| Blackjack tables | | ||
| Wheels of fortune: list names | | ||
| (a) | | ||
| (b) | | ||
| (c) | | License fee rate | Sub-total License fee |
| Total Number of tables and wheels | | x $10 | = $ |
| Raffle prize full retail value (incl. taxes, etc.) | $ | x 3% | = $ |
| TOTAL LICENSE FEE | $ | ||
Section F — Declaration
15. Please complete the following declaration and checklist.
I, (Full Name)
(a) Make this application on behalf of the society/club referred to in section A and have Authority to act on behalf of that society/club
(b) Enclose payment of .............(relevant license fee calculated in accordance with Section E above). (Cheque should be made payable to office of relevant licensing authority)
(c) Certify that the statements and particulars contained herein and all matters accompanying this form are true and correct in every detail and fully disclose the information required to complete this application form.
Signature
Date
Capacity
_________________________________________________________________________
Note to Clubs and Societies applying for registration:
The application will be refused if in the period of five years ending with the date of application
a) an operating license held by the society /club has been revoked under section 39 of the Gaming Decree 2009 or
b) an application for an operating license made by the society has been refused
The application may be refused if Licensing authority thinks that:
a) the society is not a non- commercial society
b) a person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence , or
c) information provided in or with application is false or misleading
_____
FORM NO. 2
_________________________________________________________________________
GAMING DECREE 2009
Section 11 (2)
CLASS 2 GAMING LICENSE
APPLICATION FORM
_________________________________________________________________________
| If you are completing this form by hand, please write legibly in block capitals using ink. |
_________________________________________________________________________
| SECTION 1 | DETAILS OF APPLICANT |
(a) "Applicant"
| Legal person | Registered Office/Address | ||
| | | ||
| (Please provide copy of Certificate of Incorporation if Company) | |||
| Contact Person | Phone | Facsimile | |
(b) "Partnership or Sole Proprietor Applicant"
| Name of each Person | Address | |
| | | |
| | | |
| Contact Person | Phone | Facsimile |
| SECTION 2 | DETAILS OF PROPOSED PREMISES |
| Trading Name | Business/Premises Address | ||
| | | ||
| (If Incorporated please provide copy of Certificate of Business Name Registration) | |||
| Contact Person | Phone | Facsimile | |
| SECTION 3 | CORPORATE APPLICANT TO PROVIDE DETAILS OF EACH DIRECTOR | |||
| Name | Date of birth | Address | Position on Board | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| SECTION 4 | DOCUMENTS & INFORMATION THAT MUST ACCOMPANY THIS APPLICATION | |
| Audited financial statements for the applicant for the previous 3 financial years | | |
| Contractual arrangements (including proposed arrangements) relating to the proposed premises (eg. a lease) | | |
| Expected revenue and expenditure for the next year (relating to gaming activities) | | |
| Declaration (if a corporate applicant) that the corporation is not and has not been the subject of a winding-up order or had a controller
or administrator appointed in the last 3 years | | |
| Contractual arrangements (including proposed arrangements) relating to engagement of other entities for facilitation of the playing
of applicant's gaming activities. | | |
| SECTION 5 | OTHER INFORMATION |
| What type of game are you applying for? | |
| Has the business entity been refused an application for a license in other jurisdictions? Yes/No | |
| Has the business entity or any intermediary business ever been party to a lawsuit, either as plaintiff or defendant? | |
| What business apart from gaming does the company carry out? | |
| Has the licensee ever engaged or is currently engaged in gaming activities? | |
| If answer to above is yes, what was the licensee's annual gross turnover which is attributed to gaming activities in the past 2 years? | |
| Does the licensee propose to work in conjunction with any other entity in carrying out its gaming activities? | |
| If so, name the entities and describe the aspect(s) of the Licensee's gaming activities which the other entities will be conducting
or facilitating for the Licensee. | |
| How does the applicant propose to distribute gaming proceeds if granted a license? Exact percentages will need to be specified as
this will become incorporated into your license if one is granted. | |
| SECTION 6 |
| TO BE COMPLETED BY THE APPLICANT I, .......................................... on behalf of ..................................... do hereby (Print full name) apply for a Class 2 Gaming License. I hereby declare that the information on this application form and the accompanying documentation
is true and correct. Signed...................................................... Date........................... (Affix Common Seal) |
THIS SECTION FOR OFFICE USE ONLY - GAMING SECTION
| APPLICATION FEE OF..................................PAID | YES | NO |
| APPLICATION APPROVED | YES | NO |
| DATE OF APPROVAL/REJECTION | | |
| REASON(S) FOR REJECTION: | ||
FORM NO. 3
GAMING DECREE 2009
CLASS ...... GAMING LICENSE
In exercise of powers conferred upon me by section 10 of the Gaming Decree 2009, I hereby grant to the Licensee
(NAME OF LICENSEE)
a Class .... Gaming License to undertake the following Gaming activities subject to the Gaming Decree 2009 and any other law that may affect the conduct of the gaming activities authorised by this License (and also to the terms and conditions specified in the Special Conditions attached to this License).
Authorised Class ..... Gaming Activities: (all authorised activities to be listed)
(i) .......................................;
(ii) .......................................; and
(iii) ......................................
Dated this ................ day of .................... 20........
..................................................
**ATTORNEY GENERAL/SOLICITOR GENERAL/DIVISIONAL COMMISSIONER (CENTRAL/EASTERN/WESTERN/NORTHERN)
Note: (1) The bracketed portion of this form is to be deleted if there are no special conditions added to the license.
(2) **The relevant licensing authority is to delete the inapplicable portion from the license issued.
SCHEDULE 2
GAMING LICENSE FEES
| TYPE OF GAMING LICENSE | FEES PAYABLE |
| Class 1 Gaming License | (a) $10 per table, wheel or other apparatus used for the game; (b) 3% of total value of prize where it is a lottery. |
| Class 2 Gaming License | Annual fee of 1% of annual gross turnover earned from gaming proceeds from the 2nd year of operation. For the 1st year, the license fee will be 1% of the estimated annual gross turnover for that year as decided by the licensing authority after
consideration of applicant's submission on the point. |
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