Casino (gaming) licensing in Aruba

The authority to grant a casino license is based on article 1 of the State Ordinance Games of Hazard (AB 1990 GT 44). The Minister of Justice has the authority to grant a casino license. According to aforementioned article a casino license can be granted to be exploited in specifically for that purpose fitted up hotel.  According to article 1 of the State Ordinance on Licenses (AB 1990 GT 43), a hotel is defined as any facility where ten or more people – not being relatives up to the third grade and not being employed by the license holder – can be lodged against payment and with full service. A hotel license gives the holder the right to: (i) exploit a hotel; (ii) the retail sale of alcoholic and non-alcoholic beverages, ice cream or similar goods and/or spices to be consumed at the location where the license is applicable.

First conclusion is that a casino license will only be granted to be exploited in a hotel. Therefore, a hotel license is required by the applicant of a casino license.

Besides, the hotel license, the fact that the casino has to be in a facility belonging to the hotel, but has to be separated from the normal hotel business matters, the applicant will have to comply with several requirements and/or conditions and/or submit several documents and/or information i.e.:(i)Deed and articles of Incorporation and Rules and regulations N.V.; (ii)Info Directors and/or Board of Commissioners; (iii) Info Persons who have an interest in capital (beneficial owners); (iv) Info Group of Businesses; (v) Info Operations; (vi) Info Organization; (vii) Info Solvability; (vii) Floor Plan Casino; (viii) Chamber of Commerce Registration of NV; (ix) Business establishment permit; (x)Decree opening and closing hours; (xi)Certificate of Good Conduct; (xii)Certificate of Incorporation; (xiii) Casino Operating Agreement; (xiv) List of all personnel employed and certificate of good conduct of all employees; (xv)Rules of the Games.

According to article 2 of the State Ordinance Games of Hazard, the license is personal and non-transferable. According to the policy of the Minister of Justice the actual exploitation of the gambling games will be carried out by a natural person of good standing and reputation and must be in possession of a written permit issued by aforementioned Minister. Games to be offered in the casino are craps, bingo, keno, card games, roulette, wheel of fortune, slot machines and any possible other games approved by the Minister of Justice, under proper and expert direction.  Casino exploitation must at all times be in compliance with any and all conditions and rules and regulations set forth by the Minister of Justice, subject to penalty of closure and/or withdrawal of the permit by aforementioned Minister.

Contributed by: M.G.A. Baiz