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             ACTS OF GHANA

                                                                        

                        NATIONAL REDEMPTION COUNCIL DECREE

CASINO LICENSING DECREE, 1975 (NRCD 320)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Licensing of Casinos.

2. Effect of a Licence.

3. Powers of Commissioner.

4. Licence to be Displayed.

5. Inspection of Premises.

6. Revocation of Licence.

7. Restriction on use of Name.

8. Offences.

9. Interpretation.

10. Repeals.

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972, this Decree is hereby made:

Section 1—Licensing of Casinos.

(1) No person shall operate a  casino except in accordance with a casino licence granted by the Commissioner with the approval of the National Redemption Council.

(2) A casino licence shall only be granted to a company formed for the purpose of operating a casino under this Decree, and such purpose shall not be deemed to be an illegal object of the company: but nothing in this subsection shall authorize the inclusion of the word "casino" as part of the name of the company.

(3) A casino licence may be granted for a period of one year upon the payment of a fee of ¢5 million;

(4)  A casino licence may be renewed for a period of one year upon the payment of a renewal fee of ¢2 million and on such other terms and conditions as the Minister may determine”; and [As substituted by The Casino Licensing (Amendment) Act, 2001 (Act 607) s.1(a) ]

subject to such terms and conditions as the National Redemption Council may think fit to impose.

Section 2—Effect of a Licence.

(1) To the extent of its licence nothing in the Lotteries and Betting Act, 1960 (Act 31) or any other enactment relating to gaming, wagering or betting shall apply to a casino under this Decree.

(2) Where a casino is licensed under section 1 it shall operate as a club.

(3) The rules of the club may provide for permanent and temporary membership, and shall be submitted by the licensee for approval by the Commissioner.

(4) None of the following persons shall be eligible for membership of the club:—

(a) persons under the age of twenty years;

(b) members of the Judiciary including persons in any way serving in a judicial capacity;

(c) members of the Armed Forces;

(d) members of the Police Force;

(e) members of the Public Service including service with any regional, district or local council.

Section 3—Powers of Commissioner.

(1) The Commissioner may impose such terms and conditions in respect of the application for or grant of a licence under section 1 as he thinks fit, and may give effect to any agreed variation of the terms or conditions of a licence.

(2) Without prejudice to the generality of subsection (1), the Commissioner may determine—

(a) the form of a licence;

(b) the conditions of entry into a casino;

(c) the games to be played;

(d) the maximum percentage of commission to be taken by a casino on authorized games of chance, and where applicable, the maximum odds to be paid;

(e)  the minimum amount of cash to be held as a reserve fund in a casino on any one night.

Section 4—Licence to be Displayed.

(1) A notice that a casino is licensed under this Decree shall be prominently displayed in the casino.

(2) The notice shall include reference to all games of chance authorized under the licence, the maximum percentage of commission to be deducted in play, and the odds to be paid, as the case may be.

Section 5—Inspection of Premises.

A person authorized by the Commissioner in writing for that purpose, or a police officer in uniform not below the rank of Assistant Superintendent of Police, may at any time during the course of play enter and inspect premises licensed under section 1.

Section 6—Revocation of Licence.

(1) A licence granted under section 1 may be revoked—

(a) if the Commissioner, after consultation with the National Redemption Council, is satisfied that the licensee has contravened or failed to comply with any of the requirements of the licence or of this Decree; or

(b) if the Commissioner, with the prior approval of the National Redemption Council, is satisfied that it is in the public interest so to do; or

(c)  if in any criminal proceeding however arising the High Court recommends to the Commissioner that the licence be revoked.

(2)  For the purposes of subsection (1)(c) of this section the High Court shall have power to recommend that a licence be revoked.

Section 7—Restriction on use of Name.

No person or body of persons shall use the word "casino" in conjunction with or as part of his or its name without the prior consent in writing of the Commissioner.

Section 8—Offences.

Any person who—

(a) operates a casino without the licence required by this Decree; or

(b) contravenes any term or condition of a licence granted under this Decree; or

(c) admits to membership any person declared by section 2(4) to be ineligible for membership; or

(d) fails to display a notice as required by section 4(1), or fails to display in the notice the full particulars required by section 4(2); or

(e) obstructs any person lawfully authorized to inspect a casino under section 5; or

(f) contravenes section 7 of this Decree,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment not exceeding two years, or to both. [As amended by The Casino Licensing (Amendment) Act, 2001 (Act 607), s.1(b)]

Section 9—Interpretation.

In this Decree—

"casino" means any building or part of a building to which members of the public authorised by the licensee have access for the purpose among other things of playing at prescribed games of chance;

"Commissioner" means the Commissioner responsible for Internal Affairs.

Section 10—Repeals.

The following enactments are hereby repealed:—

Casino Licensing Act, 1959 (No. 35)

Casino Licensing (Amendment) Act, 1960 (Act 24).

The Casino Licensing (Amendment) Decree, 1979 (AFRCD 61).[Repealed by the Casino Licensing (Amendment) Act, 1994 (Act 469), s.2]

The Casino Licensing (Amendment) Act, 1994 (Act 469).[Repealed by the Casino Licensing (Amendment) Act, 2001 (Act 607), s.2]

Made this 2nd day of April, 1975.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

 

Date of Gazette Notification: 4th April, 1975.

 amended by

THE CASINO LICENSING (AMENDMENT) ACT, 2001 (ACT 607).1

 

 

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