TOURISM AND HOSPITALITY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Tourism and Hospitality Act (Commencement) Order
Tourism and Hospitality Act (Commencement) Order
Tourism and Hospitality (Licensing) Regulations
Tourism and Hospitality (Tourism Levy) Regulations
Tourism and Hospitality (Casino) Regulations
Tourism and Hospitality (Registration of Hotel Managers) Regulations
Tourism and Hospitality (Prepaid Package Tours) Regulations
Tourism and Hosptality (Service Charge) Regulations
Tourism and Hospitality (Prepaid Package Tours) Regulations
Tourism and Hospitality (Casino) Regulations
TOURISM AND HOSPITALITY ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
paragraph
2. Commencement of Act No. 23 of 2007
SI 19 of 2008.
This Order may be cited as the Tourism and Hospitality Act (Commencement) Order, 2008.
2. Commencement of Act No. 23 of 2007
The Tourism and Hospitality Act, 2007, shall come into operation on the date of publication of this Order.
TOURISM AND HOSPITALITY ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
Paragraph
2. Commencement of Act No. 13 of 2015
SI 83 of 2015.
This Order may be cited as the Tourism and Hospitality Act (Commencement) Order, 2015.
2. Commencement of Act No. 13 of 2015
The Tourism and Hospitality Act, 2015, shall come into operation on the date of publication of this Order.
TOURISM AND HOSPITALITY (LICENSING) REGULATIONS
[Section 80]
Arrangement of Regulations
Regulation
6. Request for further particulars or information
19. Revocation of S.I. No. 109 of 2009
SI 51 of 2016,
SI 26 of 2022.
These Regulations may be cited as the Tourism and Hospitality (Licensing) Regulations, 2016.
In these Regulations, unless the context otherwise requires, words and expressions have the meanings assigned to them in the Act.
An application for a licence shall be made to the Board in Form I set out in the First Schedule.
An agent making an application on behalf of another person shall submit, with the application, Form II set out in the First Schedule.
The Board shall acknowledge the receipt of an application for a licence in Form III set out in the First Schedule.
6. Request for further particulars or information
The Board shall request for further particulars or information from an applicant in Form IV set out in the First Schedule.
The Board shall, where an applicant meets the requirements of the Act, issue a licence in Form V set out in the First Schedule.
The Board shall, where it rejects an application for a licence, inform the applicant of the rejection in Form VI set out in the First Schedule.
(1) An application for approval to transfer a licence shall be made to the Board in Form VII set out in the First Schedule.
(2) The Board shall, where it approves an application to transfer a licence, reissue the licence in the name of the new enterprise for the remainder of the period of validity of the licence.
(1) An application to vary or amend the terms and conditions attached to a licence shall be made to the Board in Form VIII set out in the First Schedule.
(2) The Board shall, where it rejects an application to vary or amend the terms and conditions attached to a licence, notify the applicant in Form VI set out in the First Schedule.
(3) Where the Board grants an application to vary or amend the terms and conditions attached to a licence, it shall endorse the amendment or variation on the licence.
A licensee shall, where the licensee ceases business operations, surrender the licence to the Board for cancellation.
(1) The Board shall, where it intends to suspend a licence, notify the licensee in Form IX set out in the First Schedule.
(2) A notice of the suspension of a licence shall be in Form X set out in the First Schedule.
(3) An enterprise whose licence is suspended shall cease to operate for the period during which the licence is suspended.
(1) The Board shall, where it intends to revoke a licence, notify the licensee in Form XI set out in the First Schedule.
(2) A notice of the revocation of a licence shall be in Form XII set out in the First Schedule.
(1) An application for the renewal of a licence shall be made to the Board in Form XIII set out in the First Schedule.
(2) Where the Board rejects an application for the renewal of a licence, it shall give notice of the rejection in Form VI set out in the First Schedule.
(3) Where the Board grants an application for the renewal of a licence, it shall issue a new licence in Form V set out in the First Schedule.
A tourism enterprise shall submit quarterly returns not later than the 14 days from the end of each quarter in Forms XIV and XV set out in the First Schedule.
An appeal against the refusal of the Board to approve an application shall be made to the Minister in Form XVI set out in the First Schedule.
(1) An accommodation establishment shall maintain a register of guests in Form XVII set out in the First Schedule.
(2) A register referred to in sub-regulation (1) may be maintained in electronic format.
The fees set out in the Second Schedule are payable in respect of the matters specified in that Schedule.
19. Revocation of S.I. No. 109 of 2009
The Tourism and Hospitality (Licensing) Regulations, 2009, are revoked.
[Regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17]
PRESCRIBED FORMS
FORM I
[Regulation 3]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
FORM II
[Regulation 4]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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FORM OF AUTHORISATION OF AGENT |
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(1) Here insert the full names of the person authorising, and in the case of a company, the name of the Director |
I/We (1) ...................................................................................................... have appointed (2) ................................................................................. of ................................................................................................... to act as my/our agent for (3) .......................................................................... and request that all notices, requisition and communications relating thereto may be sent to such agent at the above address. |
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(2) Here insert name and address of agent |
I/We hereby revoke all previous authorisations, if any, in respect of the same matter or proceedings. |
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(3) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number if known |
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I/We declare that I am/the company is registered in (4) .............................. |
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.............................................................................................................. |
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(4) Here state nationality of principal or country of registration of company |
Dated this ............. day of ........................... 20....... |
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(5) To be signed by person appointing the agent |
(5) ............................................ |
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(6) Here insert the full trade or business address of principal |
Address (6) .............................................................................................. |
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Dated this .............. day of ......................, 20...... |
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(5) .............................................. |
FORM III
[Regulation 5]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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RECEIPT OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ..................................................................................................... |
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................................................................................................................ |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ............................................................................. you are hereby informed that your application for a tourism and hospitality licence for the years (3) ....................................................................... to ................................... was successfully submitted and is being processed. |
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(3) Here insert the period |
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............................................ |
FORM IV
[Regulation 6]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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REQUEST FOR FURTHER INFORMATION |
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(1) Here insert the full names and address of applicant |
To (1) ..................................................................................................... |
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............................................................................................................... |
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............................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ....................................................... you are hereby requested to furnish the following information or documents in respect of your application: |
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(a) .......................................................................................................... |
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(b) .......................................................................................................... |
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(c) .......................................................................................................... |
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(d) .......................................................................................................... |
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(3) Here state the period |
within (3) ............................... If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this ............ day of ....................., 20..... |
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........................................... |
FORM V
[Regulation 7]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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LICENCE No. ................ |
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TOURISM AND HOSPITALITY LICENCE |
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Holder's name ..................................................................................................................................... |
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Type of tourism enterprise ................................................................................................................... |
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Address ............................................................................................................................................. |
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The licence is valid from .................. day of ................... to the ........... day of ......................., 20.... |
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The conditions of grant of the licence are attached hereto. |
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Issued at ............................ this ............................ day of ............................. 20..... |
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ENDORSEMENT OF LICENCE |
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This licence has this .......... day of ............................, 20..... been entered in the Register. |
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........................................ |
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Transfers/Amendments/Renewals |
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Date of Transfer/ Amendment/Renewal |
Details of Transfer/ Amendment/Renewal |
Date of Issue and Licence No. |
Signature of Director |
FORM VI
[Regulations 8, 10(2) and 14(2)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................................................................... |
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............................................................................................................ |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ........................................ you are hereby notified that your application for (3) ............................ has been rejected on the following grounds: |
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(a) ....................................................................................................... |
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(b) ....................................................................................................... |
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(c) ....................................................................................................... |
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(3) Here insert type of application |
(d) ....................................................................................................... |
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Dated this ............. day of ..........................., 20...... |
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........................................ |
FORM VII
[Regulation 9]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
FORM VIII
[Regulation 10]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
FORM IX
[Regulation 12(1)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF INTENTION TO SUSPEND TOURISM AND HOSPITALITY LICENCE |
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(1) Here insert the full names and address of Licensee |
To (1) .......................................................................................................................... |
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.................................................................................................................................... |
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.................................................................................................................................... |
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(2) Here insert the Licence No. |
IN THE MATTER OF (2) .......................................................................... you are hereby notified that the Board intends to suspend your licence on the following grounds: |
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(a) ........................................................................................................................... |
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(3) Here state address of Agency |
(b) ........................................................................................................................... |
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(c) ........................................................................................................................... |
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(d) ........................................................................................................................... |
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(4) Here insert the number of days stipulated (Should not be less than thirty days) |
Accordingly, you are requested to appear before the Director on the ................................... day of................................ 20.............. at (3).................. to address the matters set out in paragraphs .................................................................................................................. (above) within (4)......................... days of receiving this notice. |
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Your failure to appear before the Director shall result in the suspension of your licence. |
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Dated this ............ day of ........................., 20...... |
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............................................. |
FORM X
[Regulation 13(1)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF SUSPENSION OF TOURISM AND HOSPITALITY LICENCE |
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(1) Here insert the full names and address of Licensee |
To (1) .......................................................................................................................... |
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.................................................................................................................................... |
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.................................................................................................................................... |
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(2) Here insert the Licence No. |
IN THE MATTER OF (2) ........................................................................... you are hereby notified that your Licence has been suspended for (3) .............................. on the following grounds: |
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(a) .......................................................................................................................... |
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(3) Here state period of suspension |
(b) .......................................................................................................................... |
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(c) .......................................................................................................................... |
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(d) .......................................................................................................................... |
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This Notice shall take effect on the ................ day of .................... 20......, and is subject to the following terms and conditions: |
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(a) .............................................................................................................................. |
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(b) ............................................................................................................................. |
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(c) .............................................................................................................................. |
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(d) .............................................................................................................................. |
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Dated this ............ day of ........................., 20..... |
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.......................................... |
FORM XI
[Regulation 13(1)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF INTENTION TO REVOKE TOURISM AND HOSPITALITY LICENCE |
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(1) Here insert the full names and address of Licensee |
To (1) .......................................................................................................................... |
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.................................................................................................................................... |
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IN THE MATTER OF (2) ................................................................................... you are hereby notified that the Board intends to revoke your licence on the following grounds: |
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(2) Here insert the Licence No. |
(a) .......................................................................................................................... |
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(b) .......................................................................................................................... |
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(c) .......................................................................................................................... |
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(d) .......................................................................................................................... |
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(3) Here state address of Agency |
Accordingly, you are requested to appear before the Director on the ............... day of ............................, 20............. at (3) ................................................................... to address the matters set out in paragraphs ................................................................... (above) within (4) ............................................................ days of receiving this notice. |
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(4) Here insert the number of days stipulated (Should not be less than thirty days) |
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Your failure to appear before the Director shall result in the revocation of your licence. |
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Dated this .............. day of ....................., 20..... |
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........................................... |
FORM XII
[Regulation 13(2)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF REVOCATION OF TOURISM AND HOSPITALITY LICENCE |
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(1) Here insert the full names and address of licensee |
To (1) .................................................................................................................... |
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.............................................................................................................................. |
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(2) Here insert the licence no. |
IN THE MATTER OF (2).............................................................................. you are hereby notified that your Licence has been revoked on the following grounds: |
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(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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This Notice shall take effect on the ............. day of .......................... 20....., and is subject to the following terms and conditions: |
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(a) ..................................................................................................................... |
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(b) ..................................................................................................................... |
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(c) ..................................................................................................................... |
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(d) ..................................................................................................................... |
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Dated this .......... day of ........................., 20..... |
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.................................................. |
FORM XIII
[Regulation 14 (1)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
FORM XIV
[Regulation 15]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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TOURISM ENTERPRISE QUARTERLY RETURN |
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Reporting Months: From ........... to ............ Year: ............. |
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Licence No.: ............. Date of Issue: .............. Renewal Date: ............. |
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1. |
If amended, amendment Approval Number |
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No. |
Description |
Details |
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2. |
Unique Reference Number (URN) |
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3. |
Name of Tourism Enterprise |
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4. |
Postal Address |
P.O. Box |
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District |
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Province |
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5. |
Physical Address |
Plot/House No. |
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Street |
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Area |
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District |
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Province |
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6. |
E-mail Address |
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7. |
Telephone Details |
Landline |
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Fax number |
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8. Establishment Type: |
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Travel Agent |
Tour Operator |
Car Hire |
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Adventure Activities |
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Safari Operator/Hunting Outfitter |
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Air Charter |
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Convention/Conference Centre |
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Vessel Hire |
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Other (state which) |
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9. Brief Description of Facilities (if changes) |
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(i) tour operators: indicate whether engaging in outbound or inbound packages or both, type of tour activities and number and type of vehicles, boats, canoes, rafts, helicopter, micro lights, bicycles, etc. (including seating capacity); |
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(ii) vehicle/ vessel leasing: indicate number and type of vehicles/vessels (including seating capacity); |
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(iii) air charters: indicate number and type of airplanes (including seating capacity); |
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(iv) travel agencies: indicate whether engaging in outbound or inbound travel, including international air ticketing; |
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(v) hunting safari, number of hunting blocks, camps and packages; |
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(vi) conference facilities: indicate number of meeting rooms capacity. |
FORM XV
[Regulation 15]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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ACCOMMODATION ENTERPRISE QUARTERLY RETURN |
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Reporting Months: From ........... to ............. Year: ............. |
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Licence No.: ................. Date of Issue: ............... Renewal Date: ................ |
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If amended, amendment Approval Number |
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No. |
Description |
Details |
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2. |
Unique Reference Number (URN) |
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3. |
Name of Tourism Enterprise |
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4. |
Postal Address |
P.O. Box |
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District |
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Province |
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5. |
Physical Address |
Plot/House No. |
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Street |
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Area |
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District |
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Province |
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6. |
E-mail Address |
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7. |
Telephone Details |
Landline |
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Fax number |
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Mobile |
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8. Establishment Type: |
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Hotel |
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Guesthouse |
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Bed and breakfast |
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Lodge and safari camp |
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Bush camp |
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Backpacker and hostel |
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Camping site and caravan park |
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Self-catering |
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9. Brief description of facilities (if any changes) |
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Description of property, bedroom plans and grounds, stating extent and amenities. (indicate number and type of rooms/campsites/beds/single, double, twin, suites, including bed capacity) |
FORM XVI
[Regulation 16]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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NOTICE OF APPEAL TO THE MINISTER |
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(1) Here state the reference No. of the application |
IN THE MATTER OF (1) .................................. I hereby give notice of appeal against the decision of the Board on the following grounds (2): |
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(a) ....................................................................................................................... |
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(b) ....................................................................................................................... |
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(2) Attach brief, if necessary |
(c) ....................................................................................................................... |
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(d) ....................................................................................................................... |
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Dated this ............. day of ................. 20..... |
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............................................ |
FORM XVII
[Regulation 17]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Licensing) Regulations, 2016 |
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REGISTER OF GUESTS |
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ACCOMMODATION ESTABLISHMENT REGISTER |
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Car/Flight No.: ................... Room No.: ...................... Room rate: ........................ |
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Name (State Mr./ Mrs./ Miss in BLOCK LETTERS) ................................................................................ |
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Number of persons: ........................................... Travelling as family YES |
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Permanent residential address: ............................................................................................................ |
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.......................................................................................................................................................... |
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Nationality: ................................... Date of arrival at establishment: ...................................................... |
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Passport/Travel Document/NRC No. .................................................................................................... |
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Purpose of stay at hotel: |
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Holiday |
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Business |
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Meetings, Incentives, Conference or Events |
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Visiting friends or relatives |
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Study |
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Other (specify) .. |
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Date of arrival in Zambia: .......................................................................................................................... |
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Is this your first time in Zambia? YES Â |
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Proposed date of departure from hotel: ..................................................................................................... |
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If not resident in Zambia the following details must be completed |
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Proposed date of departure from Zambia: .................................................................................................. |
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Address to which proceeding: ................................................................................................................. |
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............................................................................................................................................................. |
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Signature of Guest: .............................. |
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FOR OFFICIAL USE ONLY |
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Identity checked by: ................................................................................................................................ |
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Note |
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Please be informed that the Tourism and Hospitality Act, 2015, states in sections 50(5) and 52(3) as follows- |
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Register of Guests |
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50. (5) A person who knowingly makes a false statement in the register of guests commits an offence and is liable, upon conviction, to a fine not exceeding twenty thousand penalty units or to imprisonment for a period not exceeding three months, or to both. |
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Liabilities of hotel-keeper, proprietor or hotel administration |
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52. (3) Where a proprietor, hotelkeeper or hotel administration is liable to make good the loss of, or any damage to, goods and personal property brought to the accommodation establishment, the proprietor's, hotel-keeper's or hotel administration's liability to any guest shall not exceed such amount as may be prescribed in respect of any one article or in aggregate, except that a proprietor or hotelkeeper shall not be liable where- |
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(a) the property was stolen, lost or damaged through the default, neglect or wilful act of the guest; |
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(b) the property was not deposited by, or on behalf of, the guest for safe custody with the proprietor, hotel-keeper or the proprietor's or hotel-keeper's employee or agent authorised or appearing to be authorised for the purpose and, if so required by the proprietor or hotel-keeper or that employee or agent, put into a container fastened or sealed by the depositor; or |
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(c) at any time after the guest had arrived at the accommodation establishment, the property in question was not offered for deposit unless the proprietor, hotelkeeper or the proprietor's or hotel-keeper's employee or agent refused to receive it. |
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Money or valuables may be handed to the Manager for safe keeping. |
[Regulation 18]
PRESCRIBED FEES
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Type of application |
Type of tourism enterprise |
Fee Units |
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Application for licence |
Tour Operation Business |
20,000 |
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Amusement and Theme Parks |
20,000 |
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Air Charter and Gliding Business |
20,000 |
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Travel Agencies |
20,000 |
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Car Hire |
20,000 |
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Hunting Safari |
20,000 |
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Boat Cruise |
20,000 |
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House Boat/Boatels |
20,000 |
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Convention/Conference Centre |
20,000 |
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Tour Guide Local |
10,000 |
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Tour Guide Foreign |
20,000 |
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Discotheque/Night Club |
20,000 |
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Adventure Activities |
20,000 |
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Outside Catering Services |
20,000 |
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Events/Exhibition Management |
20,000 |
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Restaurant |
20,000 |
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Accommodation Establishment |
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5 Star Establishments (per bed/site) |
400 |
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4 Star Establishments (per bed/site) |
380 |
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3 Star Establishments (per bed/site) |
360 |
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2 Star Establishments (per bed/site) |
340 |
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1 Star Establishments (per bed/site) |
320 |
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Un-graded Establishments (per bed/site) |
300 |
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Application for renewal of licence |
Tour Operation Business |
20,000 |
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Amusement and Theme Parks |
20,000 |
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Air Charter and Gliding Business |
20,000 |
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Travel Agencies |
20,000 |
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Car Hire |
20,000 |
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Hunting Safari |
20,000 |
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Boat Cruise |
20,000 |
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House Boat/Boatels |
20,000 |
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Convention/Conference Centre |
20,000 |
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Tour Guide local |
10,000 |
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Tour Guide foreign |
20,000 |
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Discotheque/Night Club |
20,000 |
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Adventure Activities |
20,000 |
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Outside Catering Services |
20,000 |
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Events/Exhibition Management |
20,000 |
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Restaurant |
20,000 |
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Accommodation Establishment |
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5 Star Establishments (per bed/site) |
300 |
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4 Star Establishments (per bed/site) |
280 |
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3 Star Establishments (per bed/site) |
260 |
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2 Star Establishments (per bed/site) |
240 |
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1 Star Establishments (per bed/site) |
220 |
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Un-graded Establishments(per bed/site) |
200 |
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Application for transfer of licence |
20,000 |
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Application for variation or amendment of licence |
20,000 |
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Annual retention fee |
10,000 |
TOURISM AND HOSPITALITY (TOURISM LEVY) REGULATIONS
[Section 64]
Arrangement of Regulations
Regulation
3. Functions and powers of Commissioner-General
7. Penalty for late payment of levy
8. Penalty for late submission of return
9. Computation of tourism levy
SI 56 of 2016,
SI 69 of 2016,
SI 35 of 2017.
(1) These Regulations may be cited as the Tourism and Hospitality (Tourism Levy) Regulations, 2016.
(2) These Regulations shall come into operation on 1st March, 2017.
[Reg 1(2) am by reg 2 of SI 69 of 2016.]
(1) In these Regulations, unless the context otherwise requires-
"accommodation establishment" has the meaning assigned to it in the Act;
"conference centre" means a facility that is used for meetings and small medium-sized events;
"Commissioner-General" means the Commissioner-General appointed under the Zambia Revenue Authority Act;
"convention centre" means a facility that hosts conventions, trade shows and other large events and combines exhibition space with a substantial number of smaller meetings and event spaces;
"event" includes-
(a) a meeting, conference, convention, exhibition or gala dinner;
(b) a social, family-oriented or special occasion with at least 25 people; or
(c) an organised occasion;
[Subs by reg 2 of SI 35 of 2017.]
"large event" means an event hosting more than 100 participants;
"small medium-sized event" means an event hosting a maximum of 100 participants;
"tourism enterprise" has the meaning assigned to it in the Act;
"tourism facility" has the meaning assigned to it in the Act;
"tourism levy" has the meaning assigned to it in the Act; and
"tourism related service" has the meaning assigned to it in the Act.
(2) In these Regulations, unless the context otherwise requires, words and expressions used in these Regulations which are defined in the Income Tax Act have the meaning assigned to them in that Act.
3. Functions and powers of Commissioner-General
(1) The Commissioner-General shall, subject to the direction of the Minister responsible for finance, be responsible for the administration of these Regulations and shall exercise, in relation to the tourism levy, the powers conferred on the Commissioner-General by the Income Tax Act.
(2) The Income Tax Act applies to the collection, assessment and enforcement of, and right of appeal with respect to, the tourism levy imposed under these Regulations.
A tourism enterprise or tourism facility providing accommodation services and events shall charge a tourism levy for the provision of accommodation services and events.
[Reg 4 subs by reg 3 of SI 35 of 2017.]
(1) A tourism enterprise or tourism facility shall charge a person a tourism levy of one point five per cent of that person's total bill on the services referred to in regulation 4.
(2) A tourism enterprise or tourism facility shall remit to the Commissioner-General the tourism levy on or before the fourteenth day of the month following the month in which the levy was paid.
A tourism enterprise or tourism facility shall remit to the Commissioner-General a return in the Form set out in the Schedule-
(a) on or before the fifth day of the month following the month in which the tourism levy was charged or such longer period as the Commissioner-General may specify, in the case of manual filing; and
(b) on or before the fourteenth day of the month following the month in which the tourism levy was charged or such longer period as the Commissioner-General may specify, in the case of online filing.
7. Penalty for late payment of levy
(1) A tourism enterprise shall, where the tourism levy due is not paid within the period stipulated in regulation 5(2), be levied and pay a penalty of five per cent of the unpaid amounts for each month or part of the month during which the tourism levy remains unpaid, and the penalty shall for the purpose of recovery and collection be considered to be part of the tourism levy.
(2) The Commissioner-General may, for sufficient cause shown, waive the whole or any part of the penalty referred to in sub-regulation (1).
[Reg 7 subs by reg 4 of SI 35 of 2017.]
8. Penalty for late submission of return
(1) A tourism enterprise or tourism facility that fails to submit a return shall pay a penalty of one thousand penalty units for each month or part of the month during which the failure continues.
(2) The Commissioner-General may, for sufficient cause shown, waive the whole or any part of the penalty referred to in sub-regulation (1).
[Reg 8 subs by reg 5 of SI 35 of 2017.]
9. Computation of tourism levy
The amount of a tourism levy shall not be considered for the purposes of computation of value added tax under the Value Added Tax Act.
[Reg 9 am by reg 6 of SI 35 of 2017.]
[Regulation 6]
PRESCRIBED FORM
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ZAMBIA REVENUE AUTHORITY |
REPUBLIC OF ZAMBIA |
.PNG)
.PNG)
The Tourism and Hospitality Act, 2015
(Act No. 13 of 2015)
The Tourism and Hospitality (Tourism Levy) Regulations, 2016
TOURISM LEVY RETURN
Month ending: ......... Charge year: ...........
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1. |
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If amended, amendment Approval Number |
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Sr. No |
Description |
Details |
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2. |
Taxpayer Identification Number (TPIN) |
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3. |
Name of Tourism Enterprise |
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4. |
Postal Address |
P.O. Box |
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District |
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Province |
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5. |
Physical Address |
Plot/House No. |
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Street |
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Area |
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District |
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Province |
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6. |
E-mail Address |
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7. |
Telephone Details |
Landline |
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Fax Number |
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Mobile |
OriginalSummary of tourism levy payable
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Type of levy |
Total amount |
Levy rate (%) |
Levy payable |
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Accommodation (Room and bed space) (A5+B5) |
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Conference or convention facility (Rooms and seating capacity) (C5+D5) |
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Food and beverage (A6+B6+C6+D6) |
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TOTAL |
Sales made in the month
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A Accommodation (Rooms) |
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Attachments |
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Total number of rooms |
Total number of rooms sold (2) |
Room occupancy rate % |
Total number of guests |
Total gross room sales amount (before service charge and VAT) |
Total gross food and beverage sales amount (before service charge and VAT) (6) |
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B Accommodation (Bed space) |
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Attachments |
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Total number of bed space |
Total number of beds nights sold |
Bed night occupancy rate % |
Total number of guests |
Total gross bed sales amount (before service charge and VAT) |
Total gross food and beverage sales amount (before service charge and VAT) (6) |
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C Conference/Convention Facility (Conference rooms) |
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Attachments |
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Number of conference/ convention seating capacity available |
Number of conference/ convention seating capacity sold |
Conference/ convention seating capacity occupancy rate % |
Total number of clients |
Total gross conference/ convention seats amount (before service charge and VAT) |
Total gross food and beverage sales amount (before service charge and VAT) (6) |
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D Conference/Convention Facility (Seating capacity) |
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Attachments |
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Number of conference/ convention rooms available |
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Number of conference/ convention rooms sold |
Conference/ convention room occupancy rate % |
Total number of clients |
Total gross conference/ convention sales amount (before service charge and VAT) |
Total gross food and beverage sales amount (before service charge and VAT) |
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................................................. |
........................................ |
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DECLARATION |
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I certify that the above details in this return are true and correct |
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Full Name |
Capacity |
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Signature |
Date |
FOR OFFICIAL USE ONLY
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Officer's Name |
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Officer's Signature |
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Date Received |
TOURISM AND HOSPITALITY (CASINO) REGULATIONS
[Sections 80 and 81]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
PART II
CASINO LICENCE
3. Application for casino licence
5. Request for further particulars
9. Variation of casino licence
PART III
CASINO FACILITIES
12. Maintenance of casino facilities
14. Alteration of control procedures
15. Non-compliance with control procedures
16. Appointment of compliance officer for purposes of Financial Intelligence Centre Act
17. Committee to ensure compliance with Financial Intelligence Centre Act
PART IV
ENTRY INTO AND EXCLUSION FROM CASINO
19. Use of false identification by young person
20. Exclusion by casino employee
21. Appeal against exclusion notice
22. Exclusion by police officer or Committee
23. Casino official not to allow excluded person to enter casino
24. Revocation of exclusion notice
25. Removal of excluded person
26. Record and list of excluded persons
PART V
CASINO LAYOUT AND EQUIPMENT
28. Notification of change of layout of casino
31. Approval of gaming equipment and tokens
32. Approval of equipment or tokens not required in certain cases
33. Suspension or cancellation of gaming equipment or tokens approval
34. Application for declaration of authorised games, etc.
35. Application for approval of rules for authorised games, etc
36. Application for amendment of rules for authorised games, etc.
PART VI
GENERAL PROVISIONS
SI 93 of 2016.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Tourism and Hospitality (Casino) Regulations, 2016.
In these Regulations, unless the context otherwise requires-
"authorised game" means a game declared as such under regulation 32;
"casino" means any premises kept and managed for the purpose of gaming;
"casino employee" means an employee of a licensee;
"casino licence" means a licence issued under regulation 6;
"Committee" means the Tourism Enterprise Authorisation and Licensing Committee continued under the Tourism and Hospitality Act, 2015;
{mprestriction ids="2,3,5"}
"Director" means the Director responsible for Tourism in the Ministry responsible for tourism;
"document of identification" means a national registration card, passport, driver's licence or other similar document that is capable of proving a person's age, issued by the relevant authority in or outside Zambia;
"excluded person" means a person who has been barred from gaming in a gaming establishment and placed on a list and required to be excluded or rejected from a casino or gaming activity;
"game" means a game of chance or a game partly of chance and partly of skill but excluding an athletic game or sport;
"gaming" means the playing of a game of chance for winnings in money or moneys worth;
"gaming activity" means an activity in relation to the playing of a game;
"gaming equipment" in relation to a game-
(a) means an electrical, electronic or mechanical device or anything, other than tokens, used or suitable for use in gaming; and
(b) includes a device or other thing that is incidental to the basic operation of gaming equipment;
"hotel" has the meaning assigned to it in the Act;
"layout of a casino" means the plans for the layout of a casino approved by the Committee;
"licensee" means a holder of a casino licence;
"operation" in relation to a casino, means any of the following-
(a) the conduct of gaming in the casino;
(b) the management, supervision and surveillance of the conduct of gaming in the casino;
(c) money counting in relation to the casino;
(d) accounting in relation to the casino;
(e) the provision of facilities or services in the casino, other than facilities or services relating to gaming;
(f) advertising in relation to the casino;
(g) the use of storage areas in the casino;
(h) the keeping and storage of records; and
(i) any other activities incidental to, or connected with, gaming or any other facilities or services provided in the casino;
"police officer" means a police officer of, or above, the rank of inspector;
"token" means a chip approved by the Committee for use in a casino, instead of money, in the conduct of gaming; and
"young person" means a person below the age of 18 years.
PART II
CASINO LICENCE
3. Application for casino licence
An application for a casino licence shall be made to the Director in Form I set out in the First Schedule.
An agent who makes an application on behalf of another person shall submit, with the application, Form II set out in the First Schedule.
5. Request for further particulars
The Committee may, where it requires information in relation to an application, request for further particulars in Form III set out in the First Schedule.
(1) A casino licence shall be in Form IV set out in the First Schedule.
(2) A licence shall be valid for three years.
The Committee shall, where it rejects an application for a casino licence, inform the applicant of the rejection in Form V set out in the First Schedule.
(1) An application to transfer a casino licence shall be made to the Committee in Form VI set out in the First Schedule.
(2) The Committee shall-
(a) where it rejects an application under sub-regulation (1), inform the applicant of the rejection in Form V set out in the First Schedule, and endorse the rejection on the casino licence; or
(b) where it grants an application under sub-regulation (1), endorse the grant on the casino licence.
9. Variation of casino licence
(1) An application to vary or amend the terms and conditions attached to a casino licence shall be made to the Committee in Form VII set out in the First Schedule.
(2) The Committee shall-
(a) where it rejects an application under sub-regulation (1), inform the applicant of the rejection in Form V set out in the First Schedule and endorse the rejection on the casino licence; and
(b) where it grants an application under sub-regulation (1), endorse the grant on the casino licence.
(1) An application for the renewal of a casino licence shall be made to the Director in Form VIII set out in the First Schedule.
(2) The Committee shall-
(a) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule and endorse the rejection on the licence; and
(b) where it grants an application under sub-regulation (1), for the renewal of a licence, endorse the grant on the licence.
An appeal against the refusal of the Committee to approve an application for a casino licence shall be made to the Minister in Form IX set out in the First Schedule.
PART III
CASINO FACILITIES
12. Maintenance of casino facilities
(1) A licensee shall maintain in good order and condition-
(a) the security and surveillance equipment for the casino; and
(b) the gaming equipment and chips.
(2) A licensee shall regularly carry out testing on the security and surveillance equipment for the casino.
(3) A licensee shall maintain surveillance equipment in accordance with the standards set out in the Second Schedule.
A licensee shall establish control procedures for the operation of the casino and shall submit to the Committee a written copy of the control procedures.
14. Alteration of control procedures
(1) A licensee may change the control procedures submitted to the Committee by notice in writing given to the Committee in Form X set out in the First Schedule.
(2) The Committee shall within 14 days of receiving a notice under sub-regulation (1), accept or reject the proposed changes in Form XI set out in the First Schedule.
(3) Where the Committee gives a notice under sub-regulation (2) the Committee shall not make a decision until-
(a) it receives the information or clarification; or
(b) the time stated for giving the information or clarification expires.
(4) The Committee may, by written notice given to the licensee, direct the licensee to make a specified change to the control procedures.
15. Non-compliance with control procedures
A person commits an offence if that person contravenes or engages in conduct that contravenes the control procedures or operates or performs any function in relation to the casino contrary to the control procedures.
16. Appointment of compliance officer for purposes of Financial Intelligence Centre Act
A casino shall appoint a compliance officer for the purposes of ensuring compliance with the provisions of the Financial Intelligence Centre Act, 2010.
17. Committee to ensure compliance with Financial Intelligence Centre Act
The Committee shall supervise all casinos for the purposes of compliance with the Financial Intelligence Centre Act.
PART IV
ENTRY INTO AND EXCLUSION FROM CASINO
(1) A person may enter or remain in a casino unless refused by the licensee for a specified reason.
(2) Without limiting sub-regulation (1), a casino employee may refuse to allow a person to enter or remain in the casino unless the person satisfies the employee of that person's age by showing a document of identification.
(3) A licensee may, with the approval of the Committee, set conditions for members of the public to enter or remain in the casino.
19. Use of false identification by young person
A young person who uses a false document of identification or someone else's document of identification for the purpose of obtaining entry to or remaining in, a casino commits an offence.
20. Exclusion by casino employee
(1) A casino employee may exclude a person from entering or remaining in the casino by giving the person an exclusion notice, orally or in writing.
(2) A casino employee shall give a person an exclusion notice where the person-
(a) is affecting the orderly functioning of the operations of the casino; or
(b) appears to be cheating or attempting to cheat in the casino.
(3) A written exclusion notice shall state-
(a) the period for which the person is to be excluded;
(b) the reasons for the exclusion; and
(c) that the person may apply to the Committee for a review of the decision to exclude that person from the casino.
(4) A person given an oral exclusion notice may be removed from the casino while a casino official prepares a written exclusion notice for that person.
(5) A person shall not be excluded from the casino under an oral exclusion notice for longer than 14 days.
21. Appeal against exclusion notice
(1) A person may appeal, in writing, to the Committee against an exclusion notice.
(2) The Committee may, after considering submissions from a person who makes an appeal under sub-regulation (1) and the licensee, confirm, change or revoke the exclusion notice.
22. Exclusion by police officer or Committee
(1) A police officer or the Committee may, by written notice given to the licensee, exclude a person named in the notice from entering or remaining in the casino indefinitely or for the period stated in the notice where the person is-
(a) a known cheat, career or professional offender or problem gambler;
(b) an associate of a career or professional offender or problem gambler who engages in conduct that would result in the issuance of an exclusion notice;
(c) documented to have a history of conduct involving undue disruption of gaming operations of licensees;
(d) subject to an order of a court excluding that person from a casino facility or gaming activity;
(e) likely to cheat or enhance the risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or the business or financial arrangement incidental to gaming; or
(f) an excluded person.
(2) A notice shall state that the person is to be excluded for a stated period or indefinitely.
(3) A notice shall be accompanied by-
(a) a recent photograph of the person to be excluded; or
(b) if it is not practicable to obtain a recent photograph, a description of the person sufficient to enable the licensee to readily identify the person.
(4) A person who is excluded by a casino official, a police officer or the Committee shall not enter or remain in the casino.
23. Casino official not to allow excluded person to enter casino
(1) A casino official who allows an excluded person to enter or remain in the casino commits an offence.
(2) It is a defence to the prosecution for an offence under this regulation if a defendant proves that the defendant had no reasonable grounds to believe that the person was an excluded person.
24. Revocation of exclusion notice
(1) A person may apply, in writing, to the Committee to have an exclusion notice revoked.
(2) The Committee may, where it receives an application to revoke an exclusion notice under sub-regulation (1), revoke or refuse to revoke the exclusion notice.
(3) The Committee shall, where it refuses to revoke an exclusion notice, give reasons for the refusal to the applicant.
25. Removal of excluded person
(1) A police officer, an agent or employee of a licensee or the Committee may-
(a) prevent an excluded person from entering a casino; or
(b) remove an excluded person from a casino.
(2) A person who obstructs, hinders, intimidates a police officer, agent, or employee of a licensee in the exercise of a power under sub-regulation (1) commits an offence.
26. Record and list of excluded persons
(1) A licensee shall keep a record of persons excluded from entering.
(2) A record shall include the following information in relation to each excluded person-
(a) the name or a description of the excluded person;
(b) the period for which the person is excluded from the casino;
(c) whether the person was excluded by a casino employee, agent or a police officer or the Committee; and
(d) the name of the person who gave the exclusion notice.
(3) A licensee shall ensure that the record required to be kept under sub-regulation (1) is available for inspection by casino employees, agents, police officers or the Committee.
(4) The Committee shall maintain a list of excluded persons and circulate the list to all casinos under the Committee's supervision.
PART V
CASINO LAYOUT AND EQUIPMENT
A licensee shall operate the casino in accordance with the layout of the casino approved by the Committee.
28. Notification of change of layout of casino
(1) A licensee shall notify the Committee of any changes to the layout of the casino in Form XII set out in the First Schedule.
(2) On receiving a notice under sub-regulation (1), the Committee may, by written notice given to the licensee-
(a) approve or reject the plans accompanying the notice;
(b) request the licensee to demonstrate how the plans or the layout comply with the requirements referred to in sub-regulation (4); or
(c) request for further information from the licensee about the plans.
(3) The Committee shall not approve or reject the plans until-
(a) the Committee has received the information required in accordance with sub-regulation (1); or
(b) the time stated for giving the demonstration or information has expired.
(4) The Committee shall not approve the plans, unless it is satisfied that-
(a) the plans clearly identify the gaming area of the casino;
(b) the proposed layout adequately takes into account the safety and comfort of the patrons;
(c) the proposed layout includes adequate closed circuit television coverage in the casino; and
(d) the plans and proposed layout are in accordance with the Act.
(5) The Committee shall-
(a) where it approves an application, inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application, inform the licensee in Form V set out in the First Schedule.
(1) A licensee-
(a) shall operate a casino during the core trading hours determined by the Committee; and
(b) may decide longer operating times for a casino, with the approval of the Committee.
(2) The Committee may, on such terms and conditions as the Committee may determine, exempt a licensee from operating a casino during core trading hours for a specified period.
(3) A licensee may operate a casino on a public holiday.
(1) A licensee shall place a sign stating the operating times for a casino in a prominent place outside each public entrance to the casino.
(2) Where a licensee changes the operating times of a casino, the licensee shall, at least 24 hours before the change is effected-
(a) give the Committee written notice of the changed operating times;
(b) publish an advertisement about the changed operating times; and
(c) place a sign stating the new operating times in a prominent place outside each public entrance of the casino.
31. Approval of gaming equipment and tokens
(1) An application to use gaming equipment or tokens manufactured by a stated manufacturer or supplied by a stated supplier shall be made to the Committee in Form XIII set out in the First Schedule.
(2) The Committee may, in writing, approve for use in a casino-
(a) gaming equipment manufactured by a stated manufacturer or supplied by a stated supplier; and
(b) tokens manufactured by a stated manufacturer or supplied by a stated supplier.
(3) The Committee shall reject the use of gaming equipment or tokens if the gaming equipment or tokens can be easily interfered with, copied or forged.
(4) The Committee shall, where it rejects an application under sub-regulation (1), inform the licensee of such rejection in Form V set out in the First Schedule.
32. Approval of equipment or tokens not required in certain cases
(1) This regulation applies if a licensee acquires gaming equipment or tokens that are identical to gaming equipment or tokens in relation to which an approval is in force under regulation 31.
(2) A licensee may use any gaming equipment or tokens in a casino without the Committee's approval if the licensee verifies, by written notice given to the Committee, that the gaming equipment or tokens are identical to the gaming equipment or tokens in relation to which an approval is in force under regulation 29.
33. Suspension or cancellation of gaming equipment or tokens approval
(1) The Committee may, by written notice to a licensee, suspend or cancel the approval of gaming equipment or tokens if-
(a) the gaming equipment no longer operates as designed; or
(b) the gaming equipment no longer operates as intended.
(2) Where the Committee suspends or cancels the approval of gaming equipment or tokens under sub-regulation (1)(a) or (b), the suspension or cancellation shall apply to all equipment or tokens of that kind, whether or not particular equipment or tokens are operating as designed or intended.
(3) A notice of the suspension or cancellation of an approval for the use of gaming equipment or tokens shall be in Form XV set out in the First Schedule.
34. Application for declaration of authorised games, etc.
(1) A licensee shall apply, in writing to the Committee, for a declaration that a game is an authorised game in Form XVI set out in the First Schedule.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), declare or refuse to declare, the game to be an authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
(4) A declaration may include conditions in relation to the playing of the authorised game.
35. Application for approval of rules for authorised games, etc.
(1) A licensee may apply in writing to the Committee for approval of the rules for an authorised game in Form XVI set out in the First Schedule.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), approve, or reject, the rules for the authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
36. Application for amendment of rules for authorised games, etc.
(1) A licensee may apply in writing to the Committee for approval to amend the approved rules for an authorised game.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), approve or reject the amendment of the approved rules for the authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
PART VI
GENERAL PROVISIONS
A casino shall submit quarterly returns not later than the 14th day from the end of each quarter in Forms XVII set out in the First Schedule.
A person who contravenes or fails to comply with a provision of these Regulations for which a penalty is not provided commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.
The fees set out in the Third Schedule are payable in respect of the matters specified therein.
[Regulations 3, 4, 5, 6(1), 7, 8(1), 9(1), 9(2), 10(1), 11, 14(1), 14(2), 26(1), 29(1), 31(3), 32(3), 33(3), 34(3) and 35(3)]
Form I
[Regulation 3]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Casino) Regulations, 2016 |
Form II
[Regulation 4]
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Casino) Regulations, 2016 |
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FORM OF AUTHORISATION OF AGENT |
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(1) Here insert the full names of the person authorising, and in the case of a company, the name of the Director |
I/We (1) ....................... have appointed (2) ...................... of ........................... to act as my/our agent for (3) ....................... |
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(2) Here insert name and address of agent |
............................. and request that all notices, requisition and communications relating thereto may be sent to such agent at the above address. |
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(3) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number if known |
I/We hereby revoke all previous authorisations, if any, in respect of the same matter or proceedings. |
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I/We declare that I am/the company is registered in (4) .......... .................................................. |
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(4) Here state nationality of principal or country of registration of company |
Dated this ..... day of ...................... 20... |
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(5) To be signed by person appointing the agent |
(5) .......................... |
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Signature of principal |
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Address (6) ........................ |
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(6) Here insert the full trade or business address of principal |
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Dated this ...... day of ........... 20.. |
|
|
(5) ................................ |
|
|
Signature of agent |
|
|
Address (6) ..................... |
Form III
[Regulation 5]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
REQUEST FOR FURTHER PARTICULARS |
|
|
(1) Here insert the full names and address of the applicant |
To (1) ........................................ |
|
...................................... |
|
|
IN THE MATTER OF (2) ........................................ you are hereby |
|
|
(Application reference) |
|
|
(2) Here insert the reference No. of the application, type of application |
requested to furnish the following information or documents in respect of your application/in respect of the application for .............. |
|
(a) ................................. |
|
|
(b) ................................ |
|
|
(c) ................................ |
|
|
(d) ................................. |
|
|
(3) Signature of the Director |
within ....... days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
|
Dated this ..... day of ........., 20... |
|
|
(3) .................... |
Form IV
[Regulation 6]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
LICENCE No. ..... |
|
CASINO LICENCE |
|
Holder's name .................................. |
|
Address of holder .................................... |
|
Name of casino ..................................................... |
|
Physical address .............................. |
|
.......................................... |
|
The type of games to be played and the number of card tables and slot machines authorised in accordance with the provisions of the Act shall be as follows: |
|
(a) .................................... |
|
(b) .................................... |
|
(c) .................................... |
|
(d) ..................................... |
|
(e) ..................................... |
|
The licence is valid from the ..... day of ....., 20.... to the ..... day of ......, 20... |
|
The conditions of grant of the licence are as shown in the Annexures attached hereto. |
|
Issued at ....... this ..... day of ............ 20...... |
|
....................... |
|
ENDORSEMENT OF REGISTRATION |
|
This licence has this ....... day of ........., 20... been registered in the Register. |
|
................................ |
|
Transfer/Amendment/Renewal |
|||
|
Date of transfer/ amendment/ renewal |
Details of transfer/ amendment/ renewal |
Date of registration and registration no. |
Signature and stamp of Agency |
Form V
[Regulations 7, 8(2)(a), 9(2)(a), 10(2)(a), 28(4)(b), 34(3)(b), 35(3)(b), 36(3)(b)]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTICE OF REJECTION OF APPLICATION |
|
|
(1) Here insert the full names and address of applicant |
To (1) .......................................... |
|
.................................... |
|
|
IN THE MATTER OF (2) .......................................... you are hereby notified that your application for (3) ............ has been rejected on the following grounds: |
|
|
(2) Here insert the reference No. of the application |
(a) .............................. |
|
(b) .............................. |
|
|
(c) ........................... |
|
|
(d) ................................ |
|
|
(3) Here insert the type of application |
Dated this ........ day of ..........., 20.. |
|
(3) .................... |
Form VI
[Regulation 8(1)]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
Form VII
[Regulation 9(1)]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
Form VIII
[Regulation 10(1)]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
Form IX
[Regulation 11]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTICE OF APPEAL TO THE MINISTER |
|
IN THE MATTER OF ................................................... I hereby |
|
(Application reference and matter of appeal) |
|
give notice of appeal against the decision of the Board on the following grounds: |
|
(a) ................................................ |
|
(b) ................................................ |
|
(c) ................................................ |
|
(d) ................................................. |
|
Dated this ..... day of ........., 20.. |
|
................ |
Form X
[Regulation 14(1)]
(To be completed in duplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTICE OF INTENTION TO CHANGE CONTROL PROCEDURES |
|
|
To: The Director |
|
|
(1) Here insert the Licence No. |
IN THE MATTER OF (1) ....................... |
|
You are hereby notified that the Licensee intends to change the licensees' control procedures as specified. |
|
|
This Notice shall take effect on the .... day of ...... 20.. |
|
|
Dated this .... day of ......., 20.. |
|
|
............... |
|
|
NOTE: |
|
|
Attachment: |
Form XI
[Regulation 14(2)]
(To be completed in duplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
APPROVAL/REJECTION OF CHANGE OF CONTROL PROCEDURES |
|
|
(1) Here insert the full names and address of applicant |
To (1) ................................... |
|
.................................. |
|
|
IN THE MATTER OF (2) ........................ |
|
|
(2) Here insert the reference No. of the application |
PART A - ACCEPTANCE |
|
You are hereby notified that your notice of change of control procedures has been accepted. |
|
|
(3) Here insert the type of application |
PART B - REFUSAL |
|
You are hereby notified that your notice of change of control procedures has been rejected on the following grounds: |
|
|
(a) ............................. |
|
|
(b) ............................. |
|
|
(c) ............................. |
|
|
(d) ............................. |
|
|
PART C - VARIATION OR AMENDMENT OF PROPOSED CONTROL PROCEDURES |
|
|
You are hereby directed to make the following changes to the proposed control procedures: |
|
|
(a) ............................. |
|
|
(b) ............................. |
|
|
(c) ............................. |
|
|
(d) ............................. |
|
|
PART D - FURTHER INFORMATION OR DIRECTION |
|
|
You are directed to: |
|
|
(a) ............................. |
|
|
............................. |
|
|
(b) provide the following further information: |
|
|
(i) ....................... |
|
|
(ii) ....................... |
|
|
NOTE: |
|
|
(i) A direction may require the licensee to change the date for the commencement of the change of control procedure |
|
|
(ii) A request for further information or clarification shall specify the time within which the information or clarification shall be given |
|
|
Dated this ....... day of .........., 20.. |
|
|
............... |
Form XII
[Regulation 28]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
Form XIII
[Regulation 31(1)]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTES |
|
The applicant must provide a description of each gaming equipment, using the following- |
|
(a) asset number and model and manufacturer's serial number; |
|
(b) computer program (software/firmware) number and version; |
|
(c) denomination, if configured for multiple denominations, and a list of the denominations; |
|
(d) manufacturer and machine type, noting cabinet type; |
|
(e) an indication as to whether the gaming equipment is configured to communicate with a cashless funds transfer system; |
|
(f) an indication as to whether the gaming equipment is configured to communicate with a gaming ticket system; |
|
(g) designation of which specific surveillance video system cameras will be able to view that gaming equipment; |
|
(h) the name(s) of the supplier of the gaming equipment; |
|
(i) all relevant technical, operational and installation manuals for the gaming equipment explaining in detail all functions, configurations and error conditions issued by the manufacturer of the relevant gaming device containing- |
|
(i) a full description of the relevant gaming device including the brand name; |
|
(ii) the theme of the games that can be played through the relevant gaming device; |
|
(iii) instructions to be followed by users of the relevant gaming device; and |
|
(iv) all the rules and parameters pertaining to the game provided through the relevant gaming device; |
|
(j) relevant product brochures and fact sheets for the gaming equipment; |
|
(k) documentation (including but not limited to diagrams, photographs or videos) demonstrating the general overview of the gaming equipment in terms of functionality, specifications and technicality, whenever applicable; |
|
(l) chip inventory appropriate to the casino gaming volume; |
|
(m) chips shall be clearly labelled as to denomination and shall be unique for each facility; |
|
(n) any additional relevant information requested by the Committee. |
Form XIV
[Regulations 28(5), 34(3), 35(3)(a) and 36(3)(a)]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTICE OF GRANT OF APPLICATION |
|
|
(1) Here insert the full names and addresses of applicant |
To (1) .............................. |
|
................................ |
|
|
(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) .............. you are hereby notified that your application for (3) ................. has been approved on the following conditions: |
|
(3) Here insert the type of application |
(a) ............................... |
|
(b) ............................... |
|
|
(c) ............................... |
|
|
(d) ............................... |
|
|
(4) Signature of Secretary to the Board |
Dated this ..... day of ........., 20.. |
|
(4) ............... |
|
|
Director |
Form XV
[Regulation 33(3)]
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
NOTICE OF SUSPENSION/CANCELLATION OF APPROVAL TO USE GAMING EQUIPMENT OR TOKENS |
|
|
(1) Here insert the full names and address of applicant |
To (1) .................................... |
|
.................................... |
|
|
IN THE MATTER OF (2) ..................................... |
|
|
(2) Here insert the reference No. of the application |
You are hereby notified that your approval to use *gaming equipment/tokens manufactured/or supplied by (3) ……………………. is hereby *suspended/cancelled on the following grounds: |
|
(3) Here insert the type of application |
(a) ............................... |
|
(b) ............................... |
|
|
(c) ............................... |
|
|
(d) ............................... |
|
|
This *suspension/cancellation applies to all *gaming equipment/tokens specified at (3) above, whether or not the *gaming equipment/tokens are operating as designed or intended. |
|
|
(4) Signature of the Secretary to the Board |
Dated this ..... day of .........., 20... |
|
(4) ............ |
|
|
Director |
Form XVI
[Regulation 34(1)]
(To be completed in triplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
Form XVII
[Regulation 37]
(To be completed in duplicate)
|
|
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Casino) Regulations, 2016 |
|
CASINO QUARTERLY RETURN |
|
Reporting Months: From ........... to ............ Year .............. |
|
Licence No. ................... Date of Issue ................... Renewal Date ................. |
[Regulation 12]
MINIMUM INTERNAL CONTROL STANDARDS FOR SURVEILLANCE EQUIPMENT
|
1. A casino shall install surveillance equipment before beginning gaming operations, which shall include a digital video system capable of- |
|
(a) instant replay; |
|
(b) recording by any camera in the system; and |
|
(c) allowing simultaneous and uninterrupted recording and playback. |
|
2. The surveillance equipment shall- |
|
(a) include a communication system capable of monitoring the gaming facility, including the security department; |
|
(b) be connected to all facility alarm systems; |
|
(c) be capable of monitoring the entire property, except private offices and restrooms; |
|
(d) include the following features- |
|
(i) redundant system drives; |
|
(ii) a backup power supply capable of operating all surveillance equipment during a power outage; |
|
(iii) backup storage components that will automatically continue or resume recording in the event of failure of any single component of the system, so that the failure of any single component will not result in the loss of any data from the system. |
|
3. The backup power supply shall be tested on a monthly basis automatic restart if a power failure occurs. |
|
4. The digital video system shall- |
|
(a) function as a closed network; |
|
(b) have its access limited to the personnel identified in the surveillance system plan; |
|
(c) be equipped to ensure that any transmissions are encrypted, have a firewall at both ends, and are password-protected; |
|
(d) be equipped with a failure notification system that provides an audible and visual notification of any failure in the surveillance system or the digital video recording storage system; |
|
(e) record all images and audit records on a hard drive; |
|
(f) be locked by the manufacturer to do the following- |
|
(a) disable the erase and reformate functions; |
|
(b) prevent access to the system data files; and |
|
(c) be equipped with data encryption or watermarking so that surveillance personnel will be capable of demonstrating in a court of law that the video was not altered or manipulated in any way. |
|
5. The surveillance equipment shall include cameras dedicated to monitoring with sufficient clarity to identify any person- |
|
(a) the entrances to and exits from the casino; |
|
(b) the count rooms; |
|
(c) the vaults; |
|
(d) the surveillance room; |
|
(e) the security rooms; |
|
(f) all cage areas; and |
|
(g) all exterior entrances to and exits from the property. |
|
6. The surveillance equipment shall be equipped with light-sensitive cameras with lenses of sufficient magnification to allow the operator to read information on an electronic gaming machine reel strip and credit meter and be capable of clandestine monitoring in detail and from various vantage points, including the- |
|
(a) conduct and operation of electronic gaming machines and table games; |
|
(b) conduct and operation of the cashier's cage, count rooms, and vault; |
|
(c) collection and count of the electronic gaming bill validator canisters; and |
|
(d) movement of cash and any other gaming facility assets. |
|
7. All cameras shall be equipped with lenses of sufficient magnification capabilities to allow the operator to clearly distinguish the value of- |
|
(a) chips; |
|
(b) dice; |
|
(c) tokens; |
|
(d) playing cards; |
|
(e) positions on the roulette wheel; and |
|
(f) cash or cash equivalents. |
|
8. The surveillance equipment shall provide a view of the pit areas and gaming tables capable of clearly identifying- |
|
(a) the dealers; |
|
(b) the patrons; |
|
(c) the hands of all participants in a game; |
|
(d) facial views of all participants in a game; |
|
(e) all pit personnel; |
|
(f) the activities of all pit personnel; |
|
(g) the chip trays; |
|
(h) the token holders; |
|
(i) the cash receptacles; |
|
(j) the tip boxes; |
|
(k) the dice; |
|
(l) the shuffle machines; |
|
(m) the card shoes, which are also called dealing boxes; |
|
(n) the playing surface of all gaming tables with sufficient clarity to determine the following- |
|
(i) all wagers; |
|
(ii) card values; |
|
(iii) game results; and |
|
(iv) roulette tables, which shall be viewed by the surveillance system with colour cameras. |
|
9. The surveillance of the electronic gaming devices shall be capable of providing- |
|
(a) a view of all patrons; |
|
(a) a facial view of all patrons with sufficient clarity to allow identification of each patron; |
|
(c) a view of the electronic gaming device with sufficient clarity to observe the result of the game; |
|
(d) an overall view of the areas around the electronic gaming device; |
|
(e) a view of each bill validator with sufficient clarity to determine bill value and the amount of credit obtained; |
|
(f) a view of the progressive games, including the incrementing of the progressive jackpot. |
|
10. All surveillance equipment display screens shall be equipped with a date and time generator synchronised to a central clock that if- |
|
(a) is displayed on any of the surveillance system display screens; and is recorded on all video pictures or digital images; |
|
(b) be capable of recording what is viewed by any camera in the system; and |
|
(c) be of a sufficient number to allow- |
|
(i) simultaneous recording and coverage as required by this article; |
|
(ii) off-line playback; |
|
(iii) duplication capabilities; |
|
(iv) single-channel monitors in the following areas- |
|
(a) each entry and each exit; |
|
(b) the main bank and cages; |
|
(c) table games; |
|
(d) count rooms; and |
|
(e) no more than four channels per monitor in all other areas where surveillance is required. |
|
11. Surveillance equipment shall be connected to at least one video printer, capable of generating clear colour copies of the images depicted on the surveillance equipment display screen or video recording. |
|
12. The surveillance equipment shall allow audio recording in any room where the contents of bill validator canisters are counted. |
|
13. All wiring within the surveillance equipment shall be tamper-resistant. |
[Regulation 39]
PRESCRIBED FEES
|
Description of Fees |
Fee Units |
|
|
1. |
First application/registration fee |
35,000 |
|
2. |
Licence fees for each table or wheels specified |
2,500 |
|
3. |
Licence fees for each gaming machine |
2,000 |
|
4. |
Transfer fee |
35,000 |
|
5. |
Variation/amendment fee |
20,000 |
|
6. |
Annual retention fee |
10,000 |
|
7. |
Application for approval of layout/gaming equipment and tokens/declaration of authorised games |
15,000 |
|
8. |
Casino fee: monthly twenty per cent gross winnings payments (to be remitted quarterly) |
TOURISM AND HOSPITALITY (REGISTRATION OF HOTEL MANAGERS) REGULATIONS
[Sections 59 and 80]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
PART II
REGISTRATION OF HOTEL MANAGERS
3. Application for certificate of registration
4. Professional qualifications and experience of hotel manager
5. Request for further information
7. Issue of certificate of registration
9. Renewal of practising certificate
10. Exemption from employing registered hotel manager
11. Notice of change of particulars
12. Prohibition of transfer of certificate of registration
13. Surrender of certificate of registration
14. Suspension and cancellation of certificate
15. Duplicate certificate of registration
PART III
GENERAL PROVISIONS
SI 94 of 2016,
SI 25 of 2022.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016.
In these Regulations, unless the context otherwise requires-
"accommodation establishment" has the meaning assigned to it in the Act;
"certificate of registration" means a certificate of registration as a hotel manager issued under regulation 3;
"Council" has the meaning assigned to it in the Act;
"higher education institution" has the meaning assigned to it in the Higher Education Act, 2013;
"hotel manager" means a person who oversees the operation of an accommodation establishment;
"institution" has the meaning assigned to it in the Technical Education, Vocational and Entrepreneurship Training Act, 1998;
"practising certificate" means a certificate issued under regulation 8 authorising a person to practice as a hotel manager; and
"Secretary" means the Secretary to the Council.
PART II
REGISTRATION OF HOTEL MANAGERS
3. Application for certificate of registration
A person who intends to manage an accommodation establishment or to be employed as a manager shall apply to the Council for registration in Form I set out in the First Schedule.
4. Qualifications and experience of hotel manager
A person qualifies for registration as a hotel manager if that person, in addition to the qualifications specified in section 58 of the Act has-
(a) in the case of a person intending to manage a three to five star hotel-
(i) a degree or higher diploma in hospitality or hotel management from a higher education institution;
(ii) a diploma in hospitality or hotel management from an institution or a higher education institution and five years' proven experience in managing a hotel; or
(iii) ten years' experience in managing any service-related business operation; and
(b) in the case of a person intending to manage an ungraded to two star hotel-
(i) a diploma in hospitality or hotel management from an institution or a higher education institution and two years' experience in the hospitality industry;
(ii) a certificate in any hotel-related course from an institution and three years' experience in the hospitality industry; or
(iii) over five years' experience in a service related business.
5. Request for further information
The Secretary may request for further information in respect of an application in Form II set out in the First Schedule.
(1) The Council shall reject an application if the applicant does not meet the requirements of the Act.
(2) The Secretary shall, where an application is rejected, inform the applicant of the rejection in Form III set out in the First Schedule.
7. Issue of certificate of registration
(1) The Council shall, within 30 days of the receipt of an application under regulation 3 approve the application, if the applicant meets the requirements of the Act.
(2) The Council shall, where it approves an application, issue the applicant with a certificate of registration in Form IV set out in the First Schedule.
(1) A registered hotel manager shall apply to the Secretary for a practising certificate in Form V set out in the First Schedule.
(2) A registered hotel manager shall be issued a practising certificate in Form VI set out in the First Schedule.
9. Renewal of practising certificate
A registered hotel manager may apply to the Council for renewal of the certificate of registration at least 90 days before the expiry of the current certificate in Form VII set out in the First Schedule.
10. Exemption from employing registered hotel manager
(1) An accommodation establishment shall apply to the Council for exemption from employing a registered hotel manager if the accommodation establishment-
(a) is owner-managed;
(b) has ten rooms and below; and
(c) employs less than five people.
(2) An application for exemption under this regulation shall be in Form VIII set out in the First Schedule.
(3) The Council shall issue an exemption certificate to an accommodation establishment that meets the criterion prescribed in sub-regulation (1) in Form IX set out in the First Schedule.
(4) The Council shall, when it rejects an application for exemption inform, the applicant of the rejection in Form X set out in the Schedule.
11. Notice of change of particulars
A registered hotel manager shall, where a change occurs in the registered particulars of the hotel manager, notify the Council of the change within 14 days of the change in Form XI set out in the First Schedule.
12. Prohibition of transfer of certificate of registration
A certificate of registration shall not be transferred to a third party.
13. Surrender of certificate of registration
(1) A hotel manager who decides to discontinue practising or carrying out business as a hotel manager shall notify the Council at least 30 days before the discontinuation of practice in Form XII set out in the First Schedule.
(2) A person who ceases to practice or carry on business as a hotel manager shall surrender the certificate of registration and practising certificate to the Council for cancellation at least 15 days before the cessation of business.
14. Suspension and cancellation of certificate
(1) The Council shall cancel or suspend the certificate of registration or practising certificate of a hotel manager if the hotel manager-
(a) contravenes the conditions of the certificate of registration;
(b) contravenes the Act;
(c) obtained the certificate by fraud, misrepresentation or concealment of a material fact;
(d) is found guilty of professional misconduct; or
(e) is disqualified from practising or carrying on business as a hotel manager.
(2) The Council shall, before suspending or cancelling a certificate of registration or practising certificate, inform the holder of the certificate of registration of the intention to suspend or cancel the certificate in Form XIII set out in the First Schedule.
(3) A notification of the suspension or cancellation of the certificate of registration or practising certificate shall be in Form XIV set out in the First Schedule.
15. Duplicate certificate of registration
(1) A person whose certificate of registration is destroyed or lost may apply to the Council for a duplicate certificate in Form XV set out in the First Schedule.
(2) The Council shall, within 30 days of receipt of an application under sub-regulation (1), issue a duplicate certificate of registration to the applicant.
(1) The Council shall maintain a Register of Hotel Managers which shall specify-
(a) the names and addresses of registered hotel managers;
(b) the applications rejected and reasons for the rejection;
(c) the notices issued under these Regulations; and
(d) any other information relevant for purposes of the Act.
(2) The Council may cause alterations to be made to the Register in accordance with the purposes of the Act.
(3) The Register referred to in sub-regulation (1) shall be open for inspection by the members of the public during normal business hours upon payment of the fee set out in the Second Schedule.
An accommodation establishment shall, in respect of its hotel manager, ensure that the prescribed annual fee for a practising certificate for the following year is paid on or before the 31st December of each year.
PART III
GENERAL PROVISIONS
A registered hotel manager shall display the certificate of registration and practising certificate in a conspicuous place at the hotel manager's business premises.
(1) A person who is aggrieved with the decision of the Council may appeal to the Minister within 30 days of receipt of the decision in Form XVI set out in the First Schedule.
(2) The Minister shall, within 30 days of receiving an appeal under sub-regulation (1), confirm, set aside or vary the decision of the Council and inform the appellant of the decision.
(3) A person aggrieved with the decision of the Minister may appeal to the High Court within 30 days of receipt of the decision.
A person who contravenes these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units, or a term of imprisonment not exceeding one year, or to both.
The fees set out in the Second Schedule are payable in respect of the matters specified in that Schedule.
[Regulations 3, 5, 6, 7, 8, 10, 11, 13, 14, 15 and 19]
Form I
[Regulation 3]
(To be completed in triplicate)
|
|
|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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APPLICATION FOR REGISTRATION |
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Please complete in block letters |
Shaded fields for official use only |
Application No. |
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Date and Time |
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Information Required |
Information Provided |
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PART I |
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1. |
(a) Surname (block capitals) |
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(b) Other names |
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2. |
Sex (Tick ( |
Male |
Female |
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3. |
Date of birth (dd/mm/yyyy) |
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4. |
Place of birth |
District |
Country |
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5. |
Nationality |
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6. |
(a) National Registration Card/ Passport/Permit No. |
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(b) Place of issue |
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(c) Date of issue (dd/mm/yyyy) |
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7. |
Address |
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(a) Physical address House No. |
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(b) Postal address |
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8. |
Contact details |
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(a) Telephone No. |
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(b) Fax No. |
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(c) Mobile phone No. |
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(d) Email address |
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EDUCATIONAL BACKGROUND |
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9. |
School, Technical College or University attended (give dates) |
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10. |
Course of study |
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11. |
Professional examination passed (give dates) |
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12. |
Membership of professional organisations (give grade of membership) |
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PART II |
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13. |
Present employment |
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(a) Name of employer |
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(b) Position held |
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(c) Date of appointment |
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(d) Nature of work undertaken |
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14. |
Previous employment (whole career to date) |
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Name of employer |
Date/Period employed |
Positions held |
Nature of work undertaken |
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15. |
Appendices |
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Certified copies of all academic and medical certificates are enclosed |
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DECLARATION |
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I declare that the information furnished by me in this application is true, correct and complete to the best of knowledge. |
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I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my registration as an HOTEL MANAGER |
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................................................................. ...................................................................... |
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................................................................. |
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FOR OFFICIAL USE ONLY |
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Received by: .................. ............... |
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Application fee received: ............ Receipt No.: ......................... |
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Date presented to the Secretary: ............................. |
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Decision: ............................................ |
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Date applicant informed of decision: ............................. |
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Fee for registration received: ................................ |
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Registration number: ................................... |
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Remarks: ........................................ |
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............................................... |
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Form II
[Regulation 5]
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REPUBLIC OF ZAMBIA |
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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REQUEST FOR FURTHER INFORMATION |
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(1) Here insert full names of applicant |
TO: (1) ........................................................................................................... |
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Address: ........................................................................................................ |
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...................................................................................................................... |
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Reference No.: ............................................................................................... |
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You are requested to furnish the following information or documents in respect of your application for registration as an HOTEL MANAGER: |
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(a) ...................................................................................................... |
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(b) ...................................................................................................... |
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(c) ...................................................................................................... |
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(d) ...................................................................................................... |
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within .............. days of this notice, if you fail to furnish the requested information, your application will be treated as invalid and shall be rejected. |
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Dated this ..... day of .........., 20..... |
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................. |
Form III
[Regulation 6(2)]
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REPUBLIC OF ZAMBIA |
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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NOTICE OF REJECTION |
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(1) Here insert the full names and address of applicant |
TO: (1) ........................................................................................................... |
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Address: ........................................................................................................ |
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...................................................................................................................... |
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(2) Here insert the reference No. of the application |
Reference No. (2) ............................................................................................ |
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You are notified that your application for (3) registration/renewal of registration as an HOTEL MANAGER has been rejected on the following grounds: |
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(3) Here insert the type of application |
(a) ...................................................................................................... |
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(b) ...................................................................................................... |
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(c) ...................................................................................................... |
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(d) ...................................................................................................... |
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Dated this .... day of ........., 20.... |
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............... |
Form IV
[Regulation 7]
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REPUBLIC OF ZAMBIA |
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The Tourism and Hospitality Act, 2015 |
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(Act No. 13 of 2015) |
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The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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REGISTRATION NO.: ...................... |
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CERTIFICATE OF REGISTRATION |
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Surname .................................................................................................................................. |
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First name(s) .......................................... |
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Address .............................................................................................................................. |
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Given on the ............... day of ............... 20......... |
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This is to certify that the person named on this Certificate has complied with the provisions of section 59 of the Tourism and Hospitality Act, 2015. |
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............................. |
............................ |
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Date: ......... |
Date: ....... |
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NOTE: |
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This Certificate is only valid if it bears the official stamp of the Ministry. |
Form V
[Regulation 8(1)]
(To be completed in triplicate)
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REPUBLIC OF ZAMBIA |
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The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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APPLICATION FOR PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Application No. |
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Date and Time |
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Information Required |
Information Provided |
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PART I |
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1. |
(a) Surname (block capitals) |
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(b) Other names |
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2. |
Sex (Tick ( |
Male |
Female |
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3. |
Date of birth (dd/mm/yyyy) |
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4. |
Place of birth |
District |
Country |
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5. |
Nationality |
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6. |
(a) National Registration Card/ Passport/Permit No. |
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(b) Place of issue |
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(c) Date of issue (dd/mm/yyyy) |
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7. |
Address |
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(a) Physical address House No. |
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(b) Postal address |
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8. |
Contact details |
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(a) Telephone No. |
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(b) Fax No. |
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(c) Mobile phone No. |
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(d) Email address |
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9. |
Type of membership (Tick ( |
Full membership |
Associate membership |
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Student membership |
Honorary membership |
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EDUCATIONAL BACKGROUND |
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10. |
School, Technical College or University attended (give dates) |
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11. |
Course of study |
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12. |
Professional examination passed (give dates) |
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PART II |
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13. |
Present employment |
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(a) Name of employer |
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(b) Position held |
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(c) Date of appointment |
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(d) Nature of work undertaken |
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14. |
Previous employment (whole career to date) |
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Name of employer |
Date/Period employed |
Positions held |
Nature of work undertaken |
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(if more space is needed, please continue on a separate sheet) |
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CATEGORY APPLIED FOR |
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15. |
Classification of Establishment |
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16. |
Grading |
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17. |
Appendices |
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Certified copies of all academic and medical certificates are enclosed |
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Application fee enclosed |
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DECLARATION |
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I declare that the information furnished by me in this application is true, correct and complete to the best of knowledge. |
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I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my registration as a member of the Institute. |
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................................................................. ...................................................................... |
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................................................... |
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FOR OFFICIAL USE ONLY |
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Received by: .................. ............ |
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Application fee received: ..................... Receipt No.: ............... |
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Date presented to the Secretary: .............................. |
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Decision: .......................................... |
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Date applicant informed of decision: ............................. |
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Fee for registration received: ............................... |
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Registration number: ................................... |
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Remarks: ........................................ |
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............................................... |
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Form VI
[Regulation 8(2)]
(To be completed in triplicate)
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REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
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REGISTRATION NO.: ...................... |
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PRACTISING CERTIFICATE |
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Surname: .................................................................................................................................. |
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First name(s): ............................................. |
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Name of Establishment: ............................................ |
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Classification of Establishment: ..................................... |
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Star grading: ............................................ |
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Address: .............................................................................................................................. |
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Given on the .............................................. day of .................................... 20......... |
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Date of expiry ........................................................................................................................... |
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This is to certify that the person named on this Certificate has complied with the provisions of section 59 of the Tourism and Hospitality Act, 2015. |
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................................. |
................................. |
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Date: ...... |
Date: ...... |
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NOTE: |
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This Certificate is only valid if it bears the official stamp of the Ministry. |
Form VII
[Regulation 9]
(To be completed in triplicate)
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REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
APPLICATION FOR RENEWAL OF PRACTISING CERTIFICATE |
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Please complete in block letters |
Shaded fields for official use only |
Application No. |
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Date and Time |
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Information Required |
Information Provided |
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1. |
(a) Surname |
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(b) Other names |
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2. |
Registration No. |
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3. |
Address |
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(a) Physical address House No. |
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(b) Postal address |
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4. |
Contact details |
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(a) Telephone No. |
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(b) Fax No. |
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(c) Mobile phone No. |
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(d) Email address |
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5. |
Have you since your registration as an HOTEL MANAGER been convicted of an offence under any law within or outside Zambia? If yes, specify details: |
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Nature of offence: ................................ |
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Date of conviction: .............................. |
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Sentence: ................................... |
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6. |
State any particulars which have changed since your last registration |
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...................................... |
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...................................... |
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...................................... |
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CATEGORY APPLIED FOR |
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7. |
Classification of Establishment |
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8. |
Grading |
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DECLARATION |
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I declare that the information furnished by me in this application is true, correct and complete to the best of my knowledge. |
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I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect the renewal of registration as an HOTEL MANAGER. |
|
................................................................. ...................................................................... |
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.............................................................. |
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FOR OFFICIAL USE ONLY |
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Received by: .................. ............ |
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Application fee received: ............ Receipt No.: .......... |
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Date presented to the Secretary: ............................ |
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Decision: .......................................... |
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Registration No.: ........................................... |
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File No.: ............................................................. |
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Remarks: ........................................ |
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............................................... |
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Form VIII
[Regulation 10(2)]
(To be completed in triplicate)
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REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
APPLICATION FOR EXEMPTION |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Application No. |
|
|
Date and Time |
|||
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Information Required |
Information Provided |
|
|
PART I |
||||||
|
1. |
(a) Surname (block capitals) |
|||||
|
(b) Other names |
||||||
|
2. |
Sex (Tick ( |
Male |
Female |
|||
|
3. |
Date of birth (dd/mm/yyyy) |
|||||
|
4. |
Place of birth |
District |
Country |
|||
|
5. |
Nationality |
|||||
|
6. |
(a) National Registration Card/ Passport/Permit No. |
|||||
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(b) Place of issue |
||||||
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(c) Date of issue (dd/mm/yyyy) |
||||||
|
7. |
Address |
|||||
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(a) Physical address House No. |
||||||
|
(b) Postal address |
||||||
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8. |
Contact details |
|||||
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(a) Telephone No. |
||||||
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(b) Fax No. |
||||||
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(c) Mobile phone No. |
||||||
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(d) Email address |
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EDUCATIONAL BACKGROUND |
|||
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9. |
School, Technical College or University attended (give dates) |
||
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10. |
Course of study |
||
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11. |
Professional examination passed (give dates) |
||
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12. |
Membership of professional organisations (give grade of membership) |
||
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PART II |
|||
|
13. |
Present employment |
||
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(a) Name of employer |
|||
|
(b) Position held |
|||
|
(c) Date of appointment |
|||
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(d) Nature of work undertaken |
|
14. |
Previous employment (whole career to date) |
||
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Name of employer |
Date/Period employed |
Positions held |
Nature of work undertaken |
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15. |
Establishment details |
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No. of rooms |
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No. of staff |
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Type of Establishment |
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Is applicant an owner/manager |
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16. |
Reasons for exemption |
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Reasons for which exemption from registration is sought |
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Type of Establishment |
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Is applicant an owner/manager |
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DECLARATION |
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I declare that the information furnished by me in this application is true, correct and complete to the best of knowledge. |
|
I understand that any incorrect, misleading or untrue information or the withholding of any relevant information may affect my registration as an HOTEL MANAGER. |
|
................................................................. ...................................................................... |
|
................................................ |
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FOR OFFICIAL USE ONLY |
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Received by: .................. .............. |
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Application fee received: ............... Receipt No.: .......... |
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Date presented to the Secretary: .............................. |
|
Decision: .......................................... |
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Date applicant informed of decision: ............................ |
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Fee for registration received: ............................... |
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Registration number: ................................... |
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Remarks: ........................................ |
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............................................... |
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Form IX
[Regulation 10(3)]
(To be completed in triplicate)
|
|
|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
REGISTRATION NO.: ...................... |
|
CERTIFICATE OF EXEMPTION |
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Holder's name: .......................................................................................................................... |
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Address: .............................................................................................................................. |
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The exemption certificate is granted for a period of ................ commencing on the ............. day of ............................. 20........... |
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The conditions of grant of the exemption are as shown in the Annexures attached hereto. |
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Issued at ............................................. this ................. day of ............................ 20.......... |
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............................. |
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ENDORSEMENT OF REGISTRATION |
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This Certificate has this ..... day of .......... 20.. been entered in the Register. |
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........................... |
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NOTE: |
|
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This Certificate is only valid if it bears the official stamp of the Ministry. |
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Suspension or Cancellation |
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Date of suspension |
Details of suspension |
Date of cancellation |
Signature of Registrar |
Form X
[Regulation 10(4)]
(To be completed in triplicate)
|
|
|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
NOTICE OF REJECTION OF EXEMPTION |
|
(1) Here insert the full names and address of applicant |
To: (1) ........................................................................................................... |
|
...................................................................................................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) .......................................................... you are hereby notified that your application tor exemption from registration as (3) ..................... has been rejected on the following grounds: |
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(3) Here insert type of exemption |
(a) ...................................................................................................... |
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(b) ...................................................................................................... |
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(c) ...................................................................................................... |
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(d) ...................................................................................................... |
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Dated this ..... day of ........, 20.. |
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|
............... |
Form XI
[Regulation 11]
|
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|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
NOTICE OF CHANGE OF PARTICULARS |
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To: The Secretary |
||
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(1) Here insert the registration No. |
Reference No. (1) .............................................. |
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(2) Here insert the full names of the holder |
I (2) ............................................ of (3) ................................. notify your office that on the ................. day of ....................., 20......., my (4) ......................... changed as follows: |
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(3) Here insert physical and postal address of the applicant |
Previous Details |
Current Details |
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(4) Here specify the detail which has changed |
||
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Dated this ..... day of ........., 20.. |
||
|
.............. |
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FOR OFFICIAL USE ONLY |
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Received by: ............................. |
................................................ |
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Date: .........................., 20........ |
|
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ENDORSEMENT OF REGISTRATION |
||
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This notice has, this ............. day of .........., 20..............., been entered in the Register. |
||
|
............................................. |
Form XII
[Regulation 13(1)]
|
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|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
NOTICE OF INTENTION TO SURRENDER CERTIFICATE OF REGISTRATION |
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To: The Secretary |
||
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(1) Here insert the registration No. (2) Here insert the full names of the holder (3) Here insert physical and postal address of the applicant (4) Here give reasons for surrendering of certificate |
Reference No. (1)............................................ ............................................................................................................... |
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I (2) .............................. of (3) .............................. notify your office that on the ...... day of ....., 20......, I intend to surrender my certificate of registration because of the following reasons: (4) |
||
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(a) ................................... ................................................................................................................. |
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(b) ................................... ................................................................................................................. |
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(c) ................................... |
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................................................................................................................. |
||
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Dated this ... day of ........, 20.. |
||
|
............. |
||
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FOR OFFICIAL USE ONLY |
||
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Received by: ............................. |
................................................ |
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Date: ...................., 20........ |
|
|
|
ENDORSEMENT OF REGISTRATION |
||
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This Notice has, this ............. day of ..........................., 20........, been entered in the Register. |
||
|
............................................. |
Form XIII
[Regulation 14(2)]
|
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|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
NOTICE OF INTENTION TO SUSPEND ( ) CANCEL ( )* |
|
(1) Here insert the full names and address of the holder |
To: (1) .......................................................................................................... |
|
..................................................................................................................... |
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(2) Here insert the Registration No. |
IN THE MATTER OF (2) ..................... you are notified that I intend to suspend/cancel* your registration as an HOTEL MANAGER on the following grounds: |
|
(3) Here state address of the Registrar of Hotel Managers (4) Here insert the number of days |
(a) ...................................................................................................... (b) ...................................................................................................... (c) ...................................................................................................... (d) ...................................................................................................... |
|
Accordingly, you are requested to appear before the Council on the .............. day of ......................, 20......, at (3) ........................................... to address the matters set out in paragraphs ............. (above) within (4) .................. days of receiving this notice. Your failure to appear before the Council shall result in your removal from the Register of Hotel Managers. |
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Dated this ......... day of ............., 20..... |
|
|
............. |
|
|
|
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* |
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ENDORSEMENT OF REGISTRATION |
|
|
This Notice has, this...... day of........, 20.., been entered in the Register. |
|
|
........... |
Form XIV
[Regulation 15(1)]
|
|
|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
Tick as applicable |
NOTICE OF SUSPENSION( ) CANCELLATION( )* OF CERTIFICATES OF |
|
(1) Here insert the full names and address of holder |
To: (1) ............................................................................................................ |
|
...................................................................................................................... |
|
|
...................................................................................................................... |
|
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(2) Here insert the Registration No. |
IN THE MATTER OF (2) ...................... you are notified that your registration as an HOTEL MANAGER has been suspended ( ) cancelled ( )* on the following grounds: |
|
(a) ...................................................................................................... |
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...................................................................................................... |
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(b) ...................................................................................................... |
|
|
...................................................................................................... |
|
|
(c) ...................................................................................................... |
|
|
...................................................................................................... |
|
|
(d) ...................................................................................................... |
|
|
Dated this ........ day of ......., 20..... |
|
|
............. |
|
|
|
|
|
ENDORSEMENT OF REGISTRATION |
|
|
This Notice has, this ...... day of ........, 20.., been entered in the Register. |
|
|
............ |
Form XV
[Regulation 15(1)]
|
|
|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
APPLICATION FOR DUPLICATE CERTIFICATE OF REGISTRATION/PRACTISING CERTIFICATE |
|||
|
Please complete in block letters |
Shaded fields for official use only |
Application No. |
|
|
Date and Time |
|||
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Information Required |
Information Provided |
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1. |
(a) Surname |
||
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(b) Other names |
|||
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2. |
Registration No. |
||
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3. |
Address |
||
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(a) Physical address |
|||
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(b) Postal address |
|||
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4. |
Contact details |
||
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(a) Telephone No. |
|||
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(b) Fax No. |
|||
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(c) Mobile phone No. |
|||
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(d) Email address |
|||
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5. |
Appendix |
||
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Affidavit of loss, destruction or otherwise of original registration |
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Name of applicant (individual or authorised representative): |
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Signature : ............... Date: .......... |
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FOR OFFICIAL USE ONLY |
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Received by: ................. ................ |
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Amount received: .................................................................. |
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Receipt No.: ...................... |
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File No.: ........................ |
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Remarks: ....................... |
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........................... |
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Form XVI
[Regulation 19(1)]
|
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|
REPUBLIC OF ZAMBIA |
|
The Tourism and Hospitality Act, 2015 |
|
(Act No. 13 of 2015) |
|
The Tourism and Hospitality (Registration of Hotel Managers) Regulations, 2016 |
|
NOTICE OF APPEAL |
|
(1) Here insert the Registration No. |
To: THE MINISTER ......................................................................................... |
|
(2) Here insert the full names of the holder |
IN THE MATTER OF (1) .................................................................................. |
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...................................................................................................................... |
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(3) Here insert residential address of the holder |
I (2) ............................ of (3) ......................................... |
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...................................................................................................................... |
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(4) Here insert the decision made |
...................................................................................................................... |
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appeal against the following decision of the Council made on the ...... day of ........, 20.... |
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(4) ........................................................................................................... |
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..................................................................................................................... |
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................................ on the following grounds: |
|
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(a) ...................................................................................................... |
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(b) ...................................................................................................... |
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(c) ...................................................................................................... |
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(d) ...................................................................................................... |
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Dated this .... day of .........., 20.. |
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................ |
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FOR OFFICIAL USE ONLY |
|
|
This appeal has, this .... day of ..........., 20... been lodged with the Minister of Tourism and Arts. |
|
|
................... ............... |
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|
................... ............... |
[Regulation 27]
PRESCRIBED FEES
|
No. |
Item |
Category |
Fee Units |
|
1. |
Registration fee |
All categories |
7,500 |
|
2. |
Practising certificate |
Three - five star |
5,000 |
|
Ungraded - two star |
3,500 |
||
|
3. |
Exemption fee |
All categories |
3,500 |
|
4. |
Change of particulars |
All categories |
2,000 |
|
5. |
Duplicate certificate of registration |
All categories |
2,000 |
|
6. |
Duplicate practising certificate |
All categories |
2,000 |
|
7. |
Inspection of register |
All categories |
350 |
TOURISM AND HOSPITALITY (PREPAID PACKAGE TOURS) REGULATIONS
[Sections 8 and 36]
Arrangement of Regulations
Regulation
4. Promotional material for travel and tour services
SI 99 of 2016.
These Regulations may be cited as the Tourism and Hospitality (Prepaid Package Tours) Regulations, 2016.
In these Regulations, unless the context otherwise requires-
"accommodation establishment" has the meaning assigned to it in the Act;
"adventure activity company" means a tourism enterprise that provides land, water and air-based tourism-related services and activities to participants in return for payment;
"Board" has the meaning assigned to it in the Act;
"destination management company" means a tourism enterprise that provides tour operation services for a destination, such as an airport meet and greet, transfer, transportation, hotel and restaurant reservation, tour activity, conference venue and logistics and car rental;
"IATA" means the International Air Transport Association established on 19th April, 1945, in Havana, Cuba;
"tourism-related service" has the meaning assigned to it in the Act;
"tour operator" has the meaning assigned to it in the Act;
"travel agency" means a retailer that provides travel and tourism-related services to the public on behalf of a supplier such as an airline, car rental, cruise line, hotel, railway and package tours; and
"travel services" has the meaning assigned to it in the Act.
These Regulations apply to destination management companies, adventure activity companies, accommodation establishments, tour operators and travel agencies engaged in travel and tour services.
4. Promotional material for travel and tour services
(1) A tourism enterprise engaged in travel and tour services shall ensure that the information contained in the tour packages describes all the elements offered and the terms and conditions of the travel and tour services.
(2) The tour package information shall be provided in a brochure or any other retrievable promotional material and provided to customers.
(3) A tourism enterprise engaged in travel and tour services shall not supply to a customer a tour package that contains misleading or false information.
(1) A tourism enterprise engaged in travel and tour services shall provide insurance cover for customers in respect of the services it provides.
(2) Sub-regulation (1) does not apply to a travel agency accredited by IATA.
A tourism enterprise that provides travel and tour service shall keep records and information on all foreign exchange earned on a prepaid tour package.
A tourism enterprise that provides a travel and tour service shall submit, on a quarterly basis to the Board, records and information on, and account for, the foreign exchange earned on prepaid package tours as prescribed in the Form set out in the Schedule.
A tourism enterprise that contravenes these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to a term of imprisonment not exceeding one year, or to both.
[Regulation 7]
PRESCRIBED FORM
Form
[Regulation 7]
The Tourism and Hospitality Act, 2015
(Act No. 13 of 2015)
The Tourism and Hospitality (Prepaid Package Tours) Regulations, 2016
TOUR PACKAGE QUARTERLY RETURN
Reporting Months: From ......... to .......... Year: .......... Tourism and Hospitality Licence No.: ....................
|
|
|
||||||||
|
1. |
If amended, amendment Approval Number |
||||||||
|
Sr No. |
Description |
Details |
|||||||
|
2. |
Taxpayer Identification Number (TPIN) |
||||||||
|
3. |
Unique Reference Number (URN) |
||||||||
|
Tourism Enterprise Details |
|||||||||
|
4. |
Name of Tourism Enterprise |
||||||||
|
5. |
Postal Address |
P.O. Box |
|||||||
|
District |
|||||||||
|
Province |
|||||||||
|
6. |
Physical Address |
Plot/House No. |
|||||||
|
Street |
|||||||||
|
Area |
|||||||||
|
Province |
|||||||||
|
7. |
E-mail Address |
||||||||
|
8. |
Telephone Details |
Landline |
|||||||
|
Fax Number |
|||||||||
|
Mobile |
|||||||||
|
Nationality |
Age Range |
Average price of package |
No. of packages sold in the month |
No. of visitors handled in the month |
Turnover for the month (US$) |
Average length of stay |
|||
|
0-12 |
13-35 |
36-65 |
Above 65 |
||||||
|
UK |
|||||||||
|
USA |
|||||||||
|
Germany |
|||||||||
|
China |
|||||||||
|
India |
|||||||||
|
RSA |
|||||||||
|
Australia |
|||||||||
|
Others |
|||||||||
|
Submitter's name: |
|||||||||
|
Submitter's signature: |
|||||||||
|
Date received: |
|||||||||
|
FOR OFFICIAL USE ONLY |
|||||||||
|
Received by: .............................. |
|
||||||||
|
Signature: ............................... |
|||||||||
|
Date received: .............................. |
Original
TOURISM AND HOSPITALITY (SERVICE CHARGE) REGULATIONS
[Section 54]
Arrangement of Regulations
Regulation
SI 100 of 2016.
These Regulations may be cited as the Tourism and Hospitality (Service Charge) Regulations, 2016.
In these Regulations, unless the context otherwise requires-
"accommodation establishment" has the meaning assigned to it in the Act;
"Agency" has the meaning assigned to it in the Act;
"restaurant" has the meaning assigned to it in the Act;
"tourism-related service" has the meaning assigned to it in the Act; and
"service charge" means a fee that is charged on accommodation, food, beverages and other tourism-related services.
(1) An accommodation establishment and restaurant shall impose a service charge on the total bill on accommodation, food, beverages and tourism related services.
(2) The service charge shall be a rate of 10 per cent of the total bill as prescribed in the Schedule.
An accommodation establishment and restaurant shall keep a record of the service charge collected and paid monthly for purposes of verification by the Agency.
An accommodation establishment and restaurant shall submit to the Agency a quarterly return of payment of the service charge in the Form set out in the Schedule.
[Regulation 5]
PRESCRIBED FORM
Form
|
|
|
The Tourism and Hospitality Act, 2015 |
|
The Tourism and Hospitality (Service Charge) Regulations, 2016 |
|
SERVICE CHARGE QUARTERLY RETURN |
|
Reporting Months: From ............ to ........... Year ............ Tourism and Hospitality |
|
Licence No: ................. |
TOURISM AND HOSPITALITY (PREPAID PACKAGE TOURS) REGULATIONS
[Sections 36 and 8]
Arrangement of Regulations
Regulation
4. Promotional material for travel and tour services
SI 20 of 2017.
These Regulations may be cited as the Tourism and Hospitality (Prepaid Package Tours) Regulations.
In these Regulations, unless the context otherwise requires-
"accommodation establishment" has the meaning assigned to it in the Act;
"adventure activity company" means a tourism enterprise that provides land, water and air-based tourism-related services and activities to participants in return for payment;
"Board" has the meaning assigned to it in the Act;
"destination management company" means a tourism enterprise that provides tour operation services for a destination, such as an airport meet and greet, transfer, transportation, hotel and restaurant reservation, tour activity, conference venue and logistics and car rental;
"IATA" means the International Air Transport Association established on 19th April, 1945, in Havana, Cuba;
"tourism-related service" has the meaning assigned to it in the Act;
"tour operator" has the meaning assigned to it in the Act;
"travel agency" means a retailer that provides travel and tourism-related services to the public on behalf of a supplier such as an airline, car rental, cruise line, hotel, railway and package tours; and
"travel services" has the meaning assigned to it in the Act.
These Regulations apply to destination management companies, adventure activity companies, accommodation establishments, tour operators and travel agencies engaged in travel and tour services.
4. Promotional material for travel and tour services
(1) A tourism enterprise engaged in travel and tour services shall ensure that the information contained in the tour packages describes all the elements offered and the terms and conditions of the travel and tour services.
(2) The tour package information shall be provided in a brochure or any other retrievable promotional material and provided to customers.
(3) A tourism enterprise engaged in travel and tour services shall not supply to a customer a tour package that contains misleading or false information.
(1) A tourism enterprise engaged in travel and tour services shall provide insurance cover for customers in respect of the services it provides.
(2) Sub-regulation (1) does not apply to a travel agency accredited by IATA.
A tourism enterprise that provides travel and tour service shall keep records and information on all foreign exchange earned on a prepaid tour package.
A tourism enterprise that provides a travel and tour service shall submit, on a quarterly basis to the Board, records and information on, and account for, the foreign exchange earned on prepaid package tours as prescribed in the Form set out in the Schedule.
A tourism enterprise that contravenes these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to a term of imprisonment not exceeding one year, or to both.
[Regulation 7]
PRESCRIBED FORM
Form
[Regulation 7]
Tourism and Hospitality Act
[Act 13 of 2015]
Tourism and Hospitality (Prepaid Package Tours) Regulations
TOUR PACKAGE QUARTERLY RETURN
Reporting Months: From ............. to .......... Year: ............. Tourism and Hospitality Licence No: ............
|
|
|
||
|
1. |
If amended, amendment Approval Number |
||
|
Sr No. |
Description |
Details |
|
|
2. |
Taxpayer Identification Number (TPIN) |
||
|
3. |
Unique Reference Number (URN) |
||
|
Tourism Enterprise Details |
|||
|
4. |
Name of Tourism Enterprise |
||
|
5. |
Postal Address |
P O Box |
|
|
District |
|||
|
Province |
|||
|
6. |
Physical Address |
Plot/House No. |
|
|
Street |
|||
|
Area |
|||
|
Province |
|||
|
7. |
E-mail Address |
||
|
8. |
Telephone Details |
Landline |
|
|
Fax Number |
|||
|
Mobile |
|
Nationality |
Age Range |
Average price of package |
No. of packages sold in the month |
No. of visitors handled in the month |
Turnover for the month (US$) |
Average length of stay |
|||
|
0-12 |
13-35 |
36-65 |
Above 65 |
||||||
|
UK |
|||||||||
|
USA |
|||||||||
|
Germany |
|||||||||
|
China |
|||||||||
|
India |
|||||||||
|
RSA |
|||||||||
|
Australasia |
|||||||||
|
Others |
|||||||||
|
Submitter's Name: |
|||||||||
|
Submitter's Signature: |
|||||||||
|
Date Received: |
|||||||||
|
FOR OFFICIAL USE ONLY |
|||||||||
|
Received by: ......................................................................................... |
OFFICIAL STAMP |
||||||||
|
Signature: ............................................................................................. |
|||||||||
|
Date Received: ...................................................................................... |
TOURISM AND HOSPITALITY (CASINO) REGULATIONS
[Sections 80 and 81]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
PART II
CASINO LICENCE
3. Application for casino licence
5. Request for further particulars
9. Variation of casino licence
PART III
CASINO FACILITIES
12. Maintenance of casino facilities
14. Alteration of control procedures
15. Non-compliance with control procedures
16. Appointment of compliance office for purposes of Financial Intelligence Centre Act
17. Committee to ensure compliance with Financial Intelligence Centre Act
PART IV
ENTRY INTO AND EXCLUSION FROM CASINO
19. Use of false identification by young person
20. Exclusion by casino employee
21. Appeal against exclusion notice
22. Exclusion by police officer or Committee
23. Casino official not to allow excluded person to enter casino
24. Revocation of exclusion notice
25. Removal of excluded person
26. Record and list of excluded persons
PART V
CASINO LAYOUT AND EQUIPMENT
28. Notification of change of layout of casino
31. Approval of gaming equipment and tokens
32. Approval of equipment or tokens not required in certain cases
33. Suspension or cancellation of gaming equipment or tokens approval
34. Application for declaration of authorised games, etc.
35. Application for approval of rules for authorised games, etc.
36. Application for amendment of rules for authorised games, etc.
PART VI
GENERAL PROVISIONS
SI 22 of 2017.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Tourism and Hospitality (Casino) Regulations, 2017.
In these Regulations, unless the context otherwise requires-
"authorised game" means a game declared as such under regulation 32;
"casino" means any premises kept and managed for the purpose of gaming;
"casino employee" means an employee of a licensee;
"casino licence" means a licence issued under regulation 6;
"Committee" means the Tourism Enterprise Authorisation and Licensing Committee continued under the Tourism and Hospitality Act, 2015;
"Director" means the Director responsible for Tourism in the Ministry responsible for tourism;
"document of identification" means a national registration card, passport, driver's licence or other similar document that is capable of proving a person's age, issued by the relevant authority in or outside Zambia;
"excluded person" means a person who has been barred from gaming in a gaming establishment and placed on a list and required to be excluded or rejected from a casino or gaming activity;
"game" means a game of chance or a game partly of chance and partly of skill but excluding an athletic game or sport;
"gaming" means the playing of a game of chance for winnings in money or moneys worth;
"gaming activity" means an activity in relation to the playing of a game;
"gaming equipment" in relation to a game-
(a) means an electrical, electronic or mechanical device or anything, other than tokens, used or suitable for use in gaming; and
(b) includes a device or other thing that is incidental to the basic operation of gaming equipment;
"hotel" has the meaning assigned to it in the Act;
"layout of a casino" means the plans for the layout of a casino approved by the Committee;
"licensee" means a holder of a casino licence;
"operation" in relation to a casino, means any of the following-
(a) the conduct of gaming in the casino;
(b) the management, supervision and surveillance of the conduct of gaming in the casino;
(c) money counting in relation to the casino;
(d) accounting in relation to the casino;
(e) the provision of facilities or services in the casino, other than facilities or services relating to gaming;
(f) advertising in relation to the casino;
(g) the use of storage areas in the casino;
(h) the keeping and storage of records; and
(i) any other activities incidental to, or connected with, gaming or any other facilities or services provided in the casino;
"police officer" means a police officer of, or above, the rank of inspector;
"token" means a chip approved by the Committee for use in a casino, instead of money, in the conduct of gaming; and
"young person" means a person below the age of 18 years.
PART II
CASINO LICENCE
3. Application for casino licence
An application for a casino licence shall be made to the Director in Form I set out in the First Schedule.
An agent who makes an application on behalf of another person shall submit, with the application, Form II set out in the First Schedule.
5. Request for further particulars
The Committee may, where it requires information in relation to an application, request for further particulars in Form III set out in the First Schedule.
(1) A casino licence shall be in Form IV set out in the First Schedule.
(2) A licence shall be valid for three years.
The Committee shall, where it rejects an application for a casino licence, inform the applicant of the rejection in Form V set out in the First Schedule.
(1) An application to transfer a casino licence shall be made to the Committee in Form VI set out in the First Schedule.
(2) The Committee shall-
(a) where it rejects an application under sub-regulation (1), inform the applicant of the rejection in Form V set out in the First Schedule, and endorse the rejection on the casino licence; or
(b) where it grants an application under sub-regulation (1), endorse the grant on the casino licence.
9. Variation of casino licence
(1) An application to vary or amend the terms and conditions attached to a casino licence shall be made to the Committee in Form VII set out in the First Schedule.
(2) The Committee shall-
(a) where it rejects an application under sub-regulation (1), inform the applicant of the rejection in Form V set out in the First Schedule and endorse the rejection on the casino licence; and
(b) where it grants an application under sub-regulation (1), endorse the grant on the casino licence.
(1) An application for the renewal of a casino licence shall be made to the Director in Form VIII set out in the First Schedule.
(2) The Committee shall -
(a) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule and endorse the rejection on the licence; and
(b) where it grants an application under sub-regulation (1), for the renewal of a licence, endorse the grant on the licence.
An appeal against the refusal of the Committee to approve an application for a casino licence shall be made to the Minister in Form IX set out in the First Schedule.
PART III
CASINO FACILITIES
12. Maintenance of casino facilities
(1) A licensee shall maintain in good order and condition-
(a) the security and surveillanceequipment for the casino; and
(b) the gaming equipment and chips.
(2) A licensee shall regularly carry out testing on the security and surveillance equipment for the casino.
(3) A licensee shall maintain surveillance equipment in accordance with the standards set out in the Second Schedule.
A licensee shall establish control procedures for the operation of the casino and shall submit to the Committee a written copy of the control procedures.
14. Alteration of control procedures
(1) A licensee may change the control procedures submitted to the Committee by notice in writing given to the Committee in Form X set out in the First Schedule.
(2) The Committee shall within 14 days of receiving a notice under sub-regulation (1), accept or reject the proposed changes in Form XI set out in the First Schedule.
(3) Where the Committee gives a notice under sub-regulation (2) the Committee shall not make a decision until-
(a) it receives the information or clarification; or
(b) the time stated for giving the information or clarification expires.
(4) The Committee may, by written notice given to the licensee, direct the licensee to make a specified change to the control procedures.
15. Noncompliance with control procedures
A person commits an offence if that person contravenes or engages in conduct that contravenes the control procedures or operates or performs any function in relation to the casino contrary to the control procedures.
16. Appointment of compliance officer for purposes of Financial Intelligence Centre Act
A casino shall appoint a compliance officer for the purposes of ensuring compliance with the provisions of the Financial Intelligence Centre Act, 2010.
17. Committee to ensure compliance with Financial Intelligence Centre Act Act
The Committee shall supervise all casinos for the purposes of compliance with the Financial Intelligence Centre Act.
PART IV
ENTRY INTO AND EXCLUSION FROM CASINO
(1) A person may enter or remain in a casino unless refused by the licensee for a specified reason.
(2) Without limiting sub-regulation (1), a casino employee may refuse to allow a person to enter or remain in the casino unless the person satisfies the employee of that person's age by showing a document of identification.
(3) A licensee may, with the approval of the Committee, set conditions for members of the public to enter or remain in the casino.
19. Use of false identification by young person
A young person who uses a false document of identification or someone else's document of identification for the purpose of obtaining entry to or remaining in, a casino commits an offence.
20. Exclusion by casino employee
(1) A casino employee may exclude a person from entering or remaining in the casino by giving the person an exclusion notice, orally or in writing.
(2) A casino employee shall give a person an exclusion notice where the person-
(a) is affecting the orderly functioning of the operations of the casino; or
(b) appears to be cheating or attempting to cheat in the casino.
(3) A written exclusion notice shall state-
(a) the period for which the person is to be excluded;
(b) the reasons for the exclusion; and
(c) that the person may apply to the Committee for a review of the decision to exclude that person from the casino.
(4) A person given an oral exclusion notice may be removed from the casino while a casino official prepares a written exclusion notice for that person.
(5) A person shall not be excluded from the casino under an oral exclusion notice for longer than fourteen days.
21. Appeal against exclusion notice
(1) A person may appeal, in writing, to the Committee against an exclusion notice.
(2) The Committee may, after considering submissions from a person who makes an appeal under sub-regulation (1) and the licensee, confirm, change or revoke the exclusion notice.
22. Exclusion by police officer or Committee
(1) A police officer or the Committee may, by written notice given to the licensee, exclude a person named in the notice from entering or remaining in the casino indefinitely or for the period stated in the notice where the person is-
(a) a known cheat, career or professional offender or problem gambler;
(b) an associate of a career or professional offender or problem gambler who engages in conduct that would result in the issuance of an exclusion notice;
(c) documented to have a history of conduct involving undue disruption of gaming operations of licensees;
(d) subject to an order of a court excluding that person from a casino facility or gaming activity;
(e) likely to cheat or enhance the risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or the business or financial arrangement incidental to gaming; or
(f) an excluded person.
(2) A notice shall state that the person is to be excluded for a stated period or indefinitely.
(3) A notice shall be accompanied by-
(a) a recent photograph of the person to be excluded; or
(b) if it is not practicable to obtain a recent photograph, a description of the person sufficient to enable the licensee to readily identify the person.
(4) A person who is excluded by a casino official, a police officer or the Committee shall not enter or remain in the casino.
23. Casino official not to allow excluded person to enter casino
(1) A casino official who allows an excluded person to enter or remain in the casino commits an offence.
(2) It is a defence to the prosecution for an offence under this regulation if a defendant proves that the defendant had no reasonable grounds to believe that the person was an excluded person.
24. Revocation of exclusion notice
(1) A person may apply, in writing, to the Committee to have an exclusion notice revoked.
(2) The Committee may, where it receives an application to revoke an exclusion notice under sub-regulation (1), revoke or refuse to revoke the exclusion notice.
(3) The Committee shall, where it refuses to revoke an exclusion notice, give reasons for the refusal to the applicant.
25. Removal of excluded person
(1) A police officer, an agent or employee of a licensee or the Committee may-
(a) prevent an excluded person from entering a casino; or
(b) remove an excluded person from a casino.
(2) A person who obstructs, hinders, intimidates a police officer, agent, or employee of a licensee in the exercise of a power under sub-regulation (1) commits an offence.
26. Record and list of excluded persons
(1) A licensee shall keep a record of persons excluded from entering.
(2) A record shall include the following information in relation to each excluded person-
(a) the name or a description of the excluded person;
(b) the period for which the person is excluded from the casino;
(c) whether the person was excluded by a casino employee, agent or a police officer or the Committee; and
(d) the name of the person who gave the exclusion notice.
(3) A licensee shall ensure that the record required to be kept under sub-regulation (1) is available for inspection by casino employees, agents, police officers or the Committee.
(4) The Committee shall maintain a list of excluded persons and circulate the list to all casinos under the Committee's supervision.
PART V
CASINO LAYOUT AND EQUIPMENT
A licensee shall operate the casino in accordance with the layout of the casino approved by the Committee.
28. Notification of change of layout of casino
(1) A licensee shall notify the Committee of any changes to the layout of the casino in Form XII set out in the First Schedule.
(2) On receiving a notice under sub-regulation (1), the Committee may, by written notice given to the licensee-
(a) approve or reject the plans accompanying the notice;
(b) request the licensee to demonstrate how the plans or the layout comply with the requirements referred to in sub-regulation (4); or
(c) request for further information from the licensee about the plans.
(3) The Committee shall not approve or reject the plans until-
(a) the Committee has received the information required in accordance with sub-regulation (1); or
(b) the time stated for giving the demonstration or information has expired.
(4) The Committee shall not approve the plans, unless it is satisfied that-
(a) the plans clearly identify the gaming area of the casino;
(b) the proposed layout adequately takes into account the safety and comfort of the patrons;
(c) the proposed layout includes adequate closed circuit television coverage in the casino; and
(d) the plans and proposed layout are in accordance with the Act.
(5) The Committee shall-
(a) where it approves an application, inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application, inform the licensee in Form V set out in the First Schedule.
(1) A licensee-
(a) shall operate a casino during the core trading hours determined by the Committee; and
(b) may decide longer operating times for a casino, with the approval of the Committee.
(2) The Committee may, on such terms and conditions as the Committee may determine, exempt a licensee from operating a casino during core trading hours for a specified period.
(3) A licensee may operate a casino on a public holiday.
(1) A licensee shall place a sign stating the operating times for a casino in a prominent place outside each public entrance to the casino.
(2) Where a licensee changes the operating times of a casino, the licensee shall, at least 24 hours before the change is effected
(a) give the Committee written notice of the changed operating times;
(b) publish an advertisement about the changed operating times; and
(c) place a sign stating the new operating times in a prominent place outside each public entrance of the casino.
31. Approval of gaming equipment and tokens
(1) An application to use gaming equipment or tokens manufactured by a stated manufacturer or supplied by a stated supplier shall be made to the Committee in Form XIII set out in the First Schedule.
(2) The Committee may, in writing, approve for use in a casino-
(a) gaming equipment manufactured by a stated manufacturer or supplied by a stated supplier; and
(b) tokens manufactured by a stated manufacturer or supplied by a stated supplier.
(3) The Committee shall reject the use of gaming equipment or tokens if the gaming equipment or tokens can be easily interfered with, copied or forged.
(4) The Committee shall, where it rejects an application under sub-regulation (1), inform the licensee of such rejection in Form V set out in the First Schedule.
32. Approval of equipment or tokens not required in certain cases
(1) This regulation applies if a licensee acquires gaming equipment or tokens that are identical to gaming equipment or tokens in relation to which an approval is in force under regulation 31.
(2) A licensee may use any gaming equipment or tokens in a casino without the Committees approval if the licensee verifies, by written notice given to the Committee, that the gaming equipment or tokens are identical to the gaming equipment or tokens in relation to which an approval is in force under regulation 29.
33. Suspension or cancellation of gaming equipment or tokens approval
(1) The Committee may, by written notice to a licensee, suspend or cancel the approval of gaming equipment or tokens if-
(a) the gaming equipment no longer operates as designed; or
(b) the gaming equipment no longer operates as intended.
(2) Where the Committee suspends or cancels the approval of gaming equipment or tokens under sub-regulation (1)(a) or (b), the suspension or cancellation shall apply to all equipment or tokens of that kind, whether or not particular equipment or tokens are operating as designed or intended.
(3) A notice of the suspension or cancellation of an approval for the use of gaming equipment or tokens shall be in Form XV set out in the First Schedule.
34. Application for declaration of authorised games, etc.
(1) A licensee shall apply, in writing to the Committee, for a declaration that a game is an authorised game in Form XVI set out in the First Schedule.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), declare or refuse to declare, the game to be an authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
(4) A declaration may include conditions in relation to the playing of the authorised game.
35. Application for approval of rules for authorised games, etc.
(1) A licensee may apply in writing to the Committee for approval of the rules for an authorised game in Form XVI set out in the First Schedule.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), approve, or reject, the rules for the authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
36. Application for amendment of rules for authorised games, etc.
(1) A licensee may apply in writing to the Committee for approval to amend the approved rules for an authorised game.
(2) The Committee shall, upon receipt of an application under sub-regulation (1), approve or reject the amendment of the approved rules for the authorised game.
(3) The Committee shall-
(a) where it approves an application under sub-regulation (1), inform the licensee in Form XIV set out in the First Schedule; or
(b) where it rejects an application under sub-regulation (1), inform the licensee in Form V set out in the First Schedule.
PART VI
GENERAL PROVISIONS
A casino shall submit quarterly returns not later than the 14th day from the end of each quarter in Forms XVII set out in the First Schedule.
A person who contravenes or fails to comply with a provision of these Regulations for which a penalty is not provided commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.
The fees set out in the Third Schedule are payable in respect of the matters specified therein.
[Regulations 3, 4, 5, 6(1), 7, 8(1), 9(1), 9(2), 10(1), 11, 14(1), 14(2), 26(1), 29(1), 31(3), 32(3), 33(3), 34(3) and 35(3)]
Form I
[Regulation 3]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form II
[Regulation 4]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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FORM OF AUTHORISATION OF AGENT |
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(1) Here insert the full names of the person authorising, and in the case of a company, the name of the Director |
I/We (1) ................................ |
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have appointed (2) ............................... |
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of ................................................................ to act as |
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my/our agent for (3) .......................................... |
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(2) Here insert name and address of agent |
............................................................................................................. |
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and request that all notices, requisition and communications relating thereto |
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(3) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number if known |
may be sent to such agent at the above address. |
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I/We hereby revoke all previous authorisations, if any, in respect of the |
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same matter or proceedings. |
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I/We declare that I am/the company is registered in (4)............ |
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(4) Here state nationality of principal or country of registration of company |
....................................... |
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Dated this ...... day of ............. 20...... |
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(5) ............................................. |
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(5) To be signed by person appointing the agent |
Signature of agent |
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(6) Here insert the full trade or business address of principal |
Address (6) ..................................... |
Form III
[Regulation 5]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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REQUEST FOR FURTHER PARTICULARS |
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(1) Here insert the full names and address of the applicant |
To (1) ....................................................... |
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IN THE MATTER OF (2) ........................ you are hereby |
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(Application reference) |
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(2) Here insert the reference No. of the application, type of application |
requested to furnish the following information or documents in respect of your application/in respect of the application for ................................................... |
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(a) ............................................................... |
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(b) ............................................................... |
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(3) Signature of the Director |
(c) .......................................................................................... |
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(d) ........................................................................................................ |
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within .............. days. If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
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Dated this .... day of ..........., 20.... |
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(3) .............. |
Form IV
[Regulation 6]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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Licence No. ..... |
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CASINO LICENCE |
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Holder's name ............................................ |
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Address of holder ............................................ |
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Name of casino .............................................................. |
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Physical address ........................................ |
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.................................................. |
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The type of games to be played and the number of card tables and slot machines authorised in accordance with the provisions of the Act shall be as follows: |
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(a) ..................................................................................................................................... |
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(b) ..................................................................................................................................... |
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(c) ..................................................................................................................................... |
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(d) ..................................................................................................................................... |
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(e) ..................................................................................................................................... |
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The licence is valid from the ..... day of ..........., 20.. to the ..... day of ......., 20.. |
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The conditions of grant of the licence are as shown in the Annexures attached hereto. |
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Issued at ......... this .... day of .................., 20...... |
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................. |
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ENDORSEMENT OF REGISTRATION |
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This licence has this ............. day of ........, 20... been registered in the Register. |
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.................................. |
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Transfer/Amendment/Renewal |
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Date of Transfer/ Amendment/Renewal |
Details of Transfer/ Amendment/Renewal |
Date of Registration and Registration No. |
Signature and Stamp of Agency |
Form V
[Regulations 7, 8(2)(a), 11(2)(a), 28(4)(b)]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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NOTICE OF REJECTION OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) .................................... |
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.................................... |
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(2) Here insert the reference No. of the application |
IN THE MATTER OF (2) ............................. |
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you are hereby notified that your application for (3) .............. has been rejected on the following grounds: |
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(3) Here insert the type of application |
(a) ................................................................................................ |
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(b) ................................................................................................ |
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(c) ................................................................................................ |
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(d) ................................................................................................ |
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Dated this ........ day of ......., 20.... |
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....................................... |
Form VI
[Regulation 8(1)]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form VII
[Regulation 9(1)]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form VIII
[Regulation 10(1)]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form IX
[Regulation 8]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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NOTICE OF APPEAL TO THE MINISTER |
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IN THE MATTER OF ......................................................................... I hereby |
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(Application reference and matter of appeal) |
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give notice of appeal against the decision of the Board on the following grounds: |
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(a) ..................................................................................................................................... |
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(b) ..................................................................................................................................... |
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(c) ..................................................................................................................................... |
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(d) ..................................................................................................................................... |
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(e) ..................................................................................................................................... |
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Dated this ..... day of ............, 20........ |
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............................................. |
Form X
[Regulation 14(1)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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NOTICE OF INTENTION TO CHANGE CONTROL PROCEDURES |
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(1) Here insert the licence No. |
To: The Director |
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IN THE MATTER OF (1) .............................. you are hereby notified that the licensee intends to change the licensee's control procedures as specified. |
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This Notice shall take effect on the ..... day of .................. 20... |
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Dated this .... day of .........., 20.. |
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...................... |
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Note: |
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Attachment: |
Form XI
[Regulation 14(2)]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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APPROVAL/REJECTION OF CHANGE OF CONTROL PROCEDURES |
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(1) Here insert the full names and address of applicant |
To (1) ............................................ |
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................................................. |
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IN THE MATTER OF (2) ..................................... |
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(2) Here insert the reference No. of the application |
PART A - ACCEPTANCE |
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You are hereby notified that your notice of change of control procedures has been accepted. |
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PART B - REFUSAL |
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(3) Here insert the type of application |
You are hereby notified that your notice of change of control procedures has been rejected on the following grounds: |
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(a) ..................................... |
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(b) ..................................... |
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(c) ..................................... |
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(d) ..................................... |
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PART C - VARIATION OR AMENDMENT OF PROPOSED CONTROL PROCEDURES |
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You are hereby directed to make the following changes to the proposed control procedures: |
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(a) .................................... |
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(b) .................................... |
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(c) .................................... |
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(d) .................................... |
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PART D - FURTHER INFORMATION OR DIRECTION |
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You are directed to: |
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(a) .................................... |
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(b) provide the following further information: |
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(i) ....................................... |
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(ii) .................................. |
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Note: |
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(i) A direction may require the licensee to change the date for the commencement of the change of control procedure. |
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(ii) A request for further information or clarification shall specify the time within which the information or clarification shall be given. |
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Dated this .... day of ......., 20... |
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.............. |
Form XII
[Regulation 26]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form XIII
[Regulation 31(1)]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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Notes: |
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The applicant must provide a description of each gaming equipment, using the following- |
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(a) asset number and model and manufacturer's serial number; |
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(b) computer program (software/firmware) number and version; |
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(c) denomination, if configured for multiple denominations, and a list of the denominations; |
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(d) manufacturer and machine type, noting cabinet type; |
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(e) an indication as to whether the gaming equipment is configured to communicate with a cashless funds transfer system; |
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(f) an indication as to whether the gaming equipment is configured to communicate with a gaming ticket system; |
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(g) designation of which specific surveillance video system cameras will be able to view that gaming equipment; |
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(h) the name(s) of the supplier of the gaming equipment; |
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(i) all relevant technical, operational and installation manuals for the gaming equipment explaining in detail all functions, configurations and error conditions issued by the manufacturer of the relevant gaming device containing- |
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(i) a full description of the relevant gaming device including the brand-name; |
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(ii) the theme of the games that can be played through the relevant gaming device; |
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(iii) instructions to be followed by users of the relevant gaming device; and |
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(iv) all the rules and parameters pertaining to the game provided through the relevant gaming device; |
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(j) relevant product brochures and fact sheets for the gaming equipment; |
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(k) documentation (including but not limited to diagrams, photographs or videos) demonstrating the general overview of the gaming equipment in terms of functionality, specifications and technicality, whenever applicable; |
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(l) chip inventory appropriate to the casino gaming volume; |
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(m) chips shall be clearly labelled as to denomination and shall be unique for each facility; |
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(n) any additional relevant information requested by the Committee. |
Fom XIV
[Regulations 28(4), 34(3), 35 (3)(a) and 36 (3)(a)]
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
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NOTICE OF GRANT OF APPLICATION |
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(1) Here insert the full names and address of applicant |
To (1) ................................................. |
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IN THE MATTER OF (2) ...................................... |
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(2) Here insert the reference No. of the application |
you are hereby notified that your application for (3) ...................... has been approved on the following |
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(a) ..................................... |
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(b) ..................................... |
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(3) Here insert the type of application |
(c) ..................................... |
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(d) ..................................... |
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(4) Signature of Director |
Dated this ........... day of ..................., 20.. |
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(4) ............... |
Form XV
[Regulation 31(3)]
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The Tourism and Hospitality Act, 2015 |
|
The Tourism and Hospitality (Casino) Regulations, 2017 |
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NOTICE OF SUSPENSION/CANCELLATION OF APPROVAL TO USE GAMING EQUIPMENT OR TOKENS |
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(1) Here insert the full names and address of applicant |
To (1) ................................................ |
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IN THE MATTER OF (2) ...................................... |
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(2) Here insert the reference No. of the application |
you are hereby notified that your approval to use *gaming equipment/tokens |
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manufactured/or supplied by (3) ............... is hereby *suspended/cancelled on the following grounds: |
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(3) Here insert the type of application |
(a) ..................................... |
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(b) ..................................... |
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(4) Signature of Director |
(c) ..................................... |
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(d) ..................................... |
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This *suspension/cancellation applies to all *gaming equipment/tokens specified |
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at (3) above, whether or not the *gaming equipment/tokens are operating |
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as designed or intended. |
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Dated this .... day of ...............,. 20.. |
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(4) ............ |
Form XVI
[Regulation 31(1)]
(To be completed in triplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
Form XVII
[Regulation 37]
(To be completed in duplicate)
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The Tourism and Hospitality Act, 2015 |
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The Tourism and Hospitality (Casino) Regulations, 2017 |
[Regulation 12]
MINIMUM INTERNAL CONTROL STANDARDS FOR SURVEILLANCE EQUIPMENT
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1. A casino shall install surveillance equipment before beginning gaming operations, which shall include a digital video system capable of- |
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(a) instant replay; |
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(b) recording by any camera in the system; and |
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(c) allowing simultaneous and uninterrupted recording and playback. |
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2. The surveillance equipment shall- |
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(a) include a communication system capable of monitoring the gaming facility, including the security department; |
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(b) be connected to all facility alarm systems; |
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(c) be capable of monitoring the entire property, except private offices and restrooms; |
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(d) include the following features- |
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(i) redundant system drives; |
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(ii) a backup power supply capable of operating all surveillance equipment during a power outage; |
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(iii) backup storage components that will automatically continue or resume recording in the event of failure of any single component of the system, so that the failure of any single component will not result in the loss of any data from the system. |
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3. The backup power supply shall be tested on a monthly basis automatic restart if a power failure occurs. |
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4. The digital video system shall- |
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(a) function as a closed network; |
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(b) have its access limited to the personnel identified in the surveillance system plan; |
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(c) be equipped to ensure that any transmissions are encrypted, have a firewall at both ends, and are password-protected; |
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(d) be equipped with a failure notification system that provides an audible and visual notification of any failure in the surveillance system or the digital video recording storage system; |
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(e) record all images and audit records on a hard drive; |
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(f) be locked by the manufacturer to do the following- |
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(i) disable the erase and reformate functions; |
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(ii) prevent access to the system data files; and |
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(iii) be equipped with data encryption or watermarking so that surveillance personnel will be capable of demonstrating in a court of law that the video was not altered or manipulated in any way. |
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5. The surveillance equipment shall include cameras dedicated to monitoring with sufficient clarity to identify any person- |
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(a) the entrances to and exits from the casino; |
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(b) the count rooms; |
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(c) the vaults; |
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(d) the surveillance room; |
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(e) the security rooms; |
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(f) all cage areas; and |
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(g) all exterior entrances to and exits from the property. |
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6. The surveillance equipment shall be equipped with light-sensitive cameras with lenses of sufficient magnification to allow the operator to read information on an electronic gaming machine reel strip and credit meter and be capable of clandestine monitoring in detail and from various vantage points, including the- |
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(a) conduct and operation of electronic gaming machines and table games; |
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(b) conduct and operation of the cashier's cage, count rooms, and vault; |
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(c) collection and count of the electronic gaming bill validator canisters; and |
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(d) movement of cash and any other gaming facility assets. |
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7. All cameras shall be equipped with lenses of sufficient magnification capabilities to allow the operator to clearly distinguish the value of- |
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(a) chips; |
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(b) dice; |
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(c) tokens; |
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(d) playing cards; |
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(e) positions on the roulette wheel; and |
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(f) cash or cash equivalents. |
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8. The surveillance equipment shall provide a view of the pit areas and gaming tables capable of clearly identifying- |
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(a) the dealers; |
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(b) the patrons; |
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(c) the hands of all participants in a game; |
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(d) facial views of all participants in a game; |
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(e) all pit personnel; |
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(f) the activities of all pit personnel; |
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(g) the chip trays; |
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(h) the token holders; |
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(i) the cash receptacles; |
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(j) the tip boxes; |
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(k) the dice; |
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(l) the shuffle machines; |
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(m) the card shoes, which are also called dealing boxes; |
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(n) the playing surface of all gaming tables with sufficient clarity to determine the following- |
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(i) all wagers; |
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(ii) card values; |
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(iii) game results; and |
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(iv) roulette tables, which shall be viewed by the surveillance system with colour cameras. |
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9. The surveillance of the electronic gaming devices shall be capable of providing- |
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(a) a view of all patrons; |
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(a) a facial view of all patrons with sufficient clarity to allow identification of each patron; |
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(c) a view of the electronic gaming device with sufficient clarity to observe the result of the game; |
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(d) an overall view of the areas around the electronic gaming device; |
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(e) a view of each bill validator with sufficient clarity to determine bill value and the amount of credit obtained; |
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(f) a view of the progressive games, including the incrementing of the progressive jackpot. |
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10. All surveillance equipment display screens shall be equipped with a date and time generator synchronised to a central clock that if- |
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(a) is displayed on any of the surveillance system display screens; and (B) is recorded on all video pictures or digital images; |
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(b) be capable of recording what is viewed by any camera in the system; and |
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(c) be of a sufficient number to allow- |
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(i) simultaneous recording and coverage as required by this article; |
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(ii) off-line playback; |
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(iii) duplication capabilities; |
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(iv) single-channel monitors in the following areas- |
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(a) each entry and each exit; |
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(b) the main bank and cages; |
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(c) table games; |
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(d) count rooms; and |
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(e) no more than four channels per monitor in all other areas where surveillance is required. |
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11. Surveillance equipment shall be connected to at least one video printer, capable of generating clear colour copies of the images depicted on the surveillance equipment display screen or video recording. |
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12. The surveillance equipment shall allow audio recording in any room where the contents of bill validator canisters are counted. |
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13. All wiring within the surveillance equipment shall be tamper-resistant. |
[Regulation 39]
PRESCRIBED FEES
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Description of Fees |
Fee Units |
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1. |
First application/registration fee |
35,000 |
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2 |
Licence fees for each table or wheels specified |
2,500 |
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3. |
Licence fees for each gaming machine |
2,000 |
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4. |
Transfer fee |
35,000 |
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5. |
Variation/amendment fee |
20,000 |
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6. |
Annual retention fee |
10,000 |
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7. |
Application for approval of layout/gaming equipment and tokens/declaration of authorised games |
15,000 |
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8. |
Casino fee: monthly 20 per cent gross winnings payments (to be remitted quarterly) |
{/mprestriction}