CHAPTER
386
RACECOURSE BETTING |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Appointment of Racing Commission. |
Duties and powers of Commission. |
Minister's power to make rules. |
Power to impose and recover penalties. |
Commission to make annual reports. |
Unlicensed person not to operate racecourse. |
Commission may forward application. |
Licensee may operate totalisator. |
Applicant may apply before completing racecourse. |
Race meets to be held between 1st January and
15th April only. |
Licence may be cancelled in certain cases. |
Commission may cancel licence for cause. |
Payments to Consolidated Fund. |
Licensee to collect admission tax. |
|
Occupation permits required. |
|
|
|
CHAPTER 386 |
RACECOURSE BETTING |
An Act to
provide for the appointment of a Racing Commission, to license racecourses
within The Bahamas, to regulate the use of totalisators on racecourses, and to
provide for all matters connected with the conduct of racing and betting at
racecourses. | 48 of 1952
31 of 1953
33 of 1955
36 of 1957
26 of 1961
55 of 1963
72 of 1965
8 of 1969
27 of 1970
E.L.A.O., 1974
26 of 1976
5 of 1987
25 of 1995 |
[Commencement 11th
August, 1952] |
1. This Act may be cited as the Racecourse Betting Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Commission"
means the Racing Commission appointed under this Act; |
"licensee"
means a person duly licensed under this Act to set up, keep and operate a
racecourse and to set up, keep and operate a totalisator in connection
therewith; |
"Minister"
means the Minister responsible for Relations with the Racing Commission; |
"rules"
means the rules made under this Act; |
"totalisator"
means the contrivance for betting known as the totalisator or pari-mutuel, or
any other machine or instrument for betting of a like nature whether
mechanically operated or not. |
3. (1) It shall be lawful for the Governor-General to
appoint a Racing Commission. | Appointment of Racing Commission. |
(2)
The Commission shall consist of five members, appointed for a period not
exceeding three years by the Governor-General by notice in the Gazette,
who shall hold office at the Governor-General's pleasure and where a person is
appointed to fill a casual vacancy, he shall hold office for the remainder of
the period for which the previous member was appointed. |
(3) The
Governor-General shall from time to time appoint one of the members of the
Commission to be Chairman. |
(4) A quorum at
all meetings of the Commission shall be three members. |
(5) The Commission
may make standing orders governing their procedure and the manner in which they
shall carry out their duties under this Act. |
4. The Commission shall have the following duties and
powers- | Duties and powers of Commission. |
(a) to advise
the Minister from time to time or when so required on all matters connected
with racing and betting on racecourses within The Bahamas; |
(b) to
supervise and control the operation of racecourses within The Bahamas; |
(c) to
supervise and control the operation of all totalisators, the making of
pari-mutuel pools, and the distribution of such pari-mutuel pools to the
winners thereof at all racecourses within The Bahamas; |
(d) to
determine to what amount distributions of pari-mutuel pools shall be made, and
to determine further in what manner such moneys as may be authorised to be
eliminated in calculating the amounts to be distributed shall be disposed of; |
(e) to appoint
and pay officers and employees for any of the purposes of this Act; |
(f) to require
the licensee of any racecourse to install a mechanically operated totalisator
thereat; |
(g) to require
any application to and any statement of facts furnished to the Commission to be
verified by oath; |
(h) to
prescribe the books, records and accounts to be kept by each licensee showing
all contributions to the pari-mutuel and all payments for admission to the
racecourse and to provide for the annual audit of all such books, records and
accounts by an auditor to be approved of by the Commission. |
5. After consultation with the Commission, the Minister
may make rules- | Minister's power to make rules. |
(a) for
the control and supervision of racing and the holding of race meets within The
Bahamas: |
Provided
that all such rules shall be uniform in their application and affect throughout
The Bahamas; |
(b) to require
any licensee of any racecourse to furnish a bond with or without sureties in
such amount as may be prescribed for the due performance of all the terms and
conditions contained in his licence and the due observance of the requirements
of this Act; |
(c) to
prescribe the terms and conditions on which the Commission may renew or approve
the transfer of any licence; |
(d) to
prescribe maximum penalties for the breach of any rules and the manner in which
the Commission shall adjudicate upon breaches of the rules: |
Provided
that in no case shall the Minister prescribe a penalty exceeding four hundred dollars
for any act or omission in breach of any rule made hereunder; |
(e) generally
to provide for the better carrying out of the objects and purposes of this Act. |
6. (1) The Commission shall have power to decide what
penalty shall be imposed on any person adjudged by the Commission to have
committed a breach of any rule in force under this Act,
subject always to the maximum penalty prescribed for the breach thereof. All
such penalties shall accrue to the Commission. | Power to impose and recover penalties. |
(2) If moneys are
due by a licensee from any purse within the meaning of the rules to a person
upon whom the Commission have imposed a penalty, such licensee shall pay to the
Commission, on demand, the amount of such penalty out of such moneys: |
Provided that if
such moneys are less than the amount of the penalty, the person upon whom the
penalty has been imposed shall remain liable to the Commission for the payment
of the difference between the amount of such moneys and the amount of the
penalty. |
(3) A penalty
imposed for a breach of the rules or the balance of any such penalty, as the
case may be, shall be recoverable by the Commission in civil proceedings in a
magistrate's court as a debt due to the Commission. |
7. (1) The Commission shall submit to the Minister
during the month of May in every year the following reports- | Commission to make annual reports. |
(a) a
report dealing with the operation of and measures taken by the Commission; |
(b) a report
showing the financial receipts and financial expenditure of the Commission for
the immediately preceding racing season. |
(2) A copy of such
reports shall be laid upon the table of the two Houses of Parliament as soon as
is practicable thereafter. |
8. (1) No person shall set up, keep or operate a
racecourse without obtaining a licence therefor under the provisions of this
Act. | Unlicensed person not to operate racecourse. |
(2) Every
applicant for a licence to set up, keep and operate a racecourse under the
provisions of this Act shall make application for such licence to the
Commission and in such application shall set forth the following information,
namely- | Application for licence to set forth certain
particulars. |
(a) the full
name, residence, nationality and occupation of the applicant, or, where the
applicant is a company, the name of the company, the place and date of its
incorporation, the names, addresses, nationalities and occupations of the
shareholders and the respective number of shares held by each shareholder, and
the names, addresses, nationalities and occupations of the directors and
officers of such company; |
(b) the exact
location and proper description of the premises upon which it is proposed to
conduct or hold race meets; |
(c) whether
such premises are owned in fee simple by the applicant and are subject to any
mortgage or charge, or if such premises are leased or to be leased by the
applicant, then the name, address, nationality and occupation of the owner or
landlord thereof or if such landlord be a company then the names, addresses,
nationalities and occupations of the directors, officers, and shareholders of
such company; |
(d) a statement
of the assets and liabilities of the person or company making such application; |
(e) the kind of
racing to be conducted at the proposed racecourse, and the days upon which it
is proposed that race meets shall be held; |
(f) whether
the totalisator to be operated at such racecourse will be mechanically or
manually operated; |
(g) such other
information as the Commission may require. |
(3) Every
application for a licence to operate a racecourse and every application for
renewal of such a licence shall be filed with the Commission on or before 31 st
day of December in the year in which the application is made. The Commission
shall consider and determine such applications as soon as practicable. | Application for licence to be filed on or before 31st
December. |
9. (1) Upon receipt of an application for a licence to
operate a racecourse from any applicant, the Commission shall make such private
and independent investigations as they shall deem fit and proper, and if upon
considering such application the Commission are satisfied that the applicant is
a fit and proper person to be licensed under the provisions of this Act, the
Commission shall thereupon send to the Minister a report thereon, who may refuse a licence or grant
it, subject to such terms and conditions as he may specify. | Commission may forward application. |
(2) Every licence
granted under the provisions of this Act shall state the name of the licensee,
the location of the racecourse, the kind of racing to be carried on thereat,
the terms and conditions upon which the licence is issued, and the dates
between the first day of January and the fifteenth day of April in each year
upon which race meets may be conducted and the number of races which may be
held at each race meet. | Licence to state certain information. |
(3) Once a licence
has been issued under the provisions of this Act the same shall continue in
force for on year from the date of issue and thereafter may be
renewed for one year at a time by the Commission without further
reference to the Minister. | Commission may renew licences. |
10. Every licensee to whom a licence has been granted
under the provisions of this Act to set up, keep and operate a racecourse shall
be entitled to set up, keep and operate a totalisator at such racecourse and
nothing contained in the Lotteries and Gaming Act shall apply to any licensed
racecourse at which a totalisator is operated on the days on which race meets
take place, and notwithstanding any rule of law or enactment to the contrary,
it shall be lawful for any person to effect betting transactions on any
licensed racecourse by means of a totalisator lawfully operated thereon in
accordance with the provisions of this Act. | Licensee may operate totalisator. |
11. Nothing in this Act contained shall be deemed to
prevent a person from applying for a licence to keep and operate a racecourse
even though such racecourse shall not have been laid out or constructed or the
buildings to be used in connection therewith shall not have been built or
completed. | Applicant may apply before completing racecourse. |
12. Race meets may be held only between the first day
of January and the fifteenth day of April in each year and shall be held at
each racecourse on such days in that period as shall be determined by the
Commission: | Race meets to be held between 1st January and 15th April
only. |
Provided always
that no race meets shall be permitted to be held on Sundays and that no person
under the age of sixteen years shall be permitted to attend any such race meets
or be employed in any manner in or about such racecourse except in the capacity
of jockey, groom, or stableboy. |
13. If any licensee under this Act shall fail to
complete any unfinished racecourse to the satisfaction of the Commission within
such reasonable time as the Commission may require or fail to make any repairs
to or changes or alterations to such racecourse as shall be required by the
Commission, or shall fail to hold
any race meet during the year in respect of which the licence is issued, the
Commission may forward a report in writing to the Minister, who may cancel such
licence upon giving seventy-two hours notice in writing to the licensee of his
intention so to do. | Licence may be cancelled in certain cases. |
14. The Minister may at any time cancel any licence
issued under the provisions of this Act if the licensee shall violate any of
the terms and conditions of such licence or be guilty of an
offence against this Act. | Minister may cancel licence for cause. |
15. (1) Every licensee shall pay into the Consolidated
Fund a sum equal to twenty-two per centum of the total contributions to all
pari-mutuel pools on each race
held at such racecourse and such payments shall be made to the Public Treasury
on the day following each race meet unless such day following shall be a Sunday
or public holiday, in which case such payment shall be made on the day next
following the race meet which is not a Sunday or a public holiday. Every such
payment shall be accompanied by a proper report in such form as may be
prescribed by the Commission showing the total of all contributions to each
pari-mutuel pool and all such other information as the Commission may
prescribe. | Payments to Consolidated Fund. |
(2) All moneys
paid into the Consolidated Fund under the provisions of subsection (1) hereof
shall within two days after the date of such paying in be distributed as
follows- | Distribution of moneys paid to Consolidated Fund. |
(a) to the Commission for the use of the Commission, two
twenty-seconds; |
(b) to the
Commission for distribution to the owners of horses, dogs or other animals
entered in races at such racecourse in the form of purses or prizes in respect
of the races held at such racecourse and in respect of which such moneys were
paid in to the pari-mutuel pools, in such amounts and proportions as the Commission shall deem proper,
seven twenty-seconds; |
(c) to the
licensee of the racecourse in respect of which such moneys were paid in, seven
twenty-seconds; and |
(d) to
the general revenue of The Bahamas, five twenty-seconds. |
16. (1) Every licensee shall collect from each person
attending each race meet an amount equal to ten per centum of the price charged
such person for admission to such racecourse, which amount shall be paid into
the Treasury on the day following each race unless such day following shall be
a Sunday or public holiday, in which case such payment shall then be made on
the day next following the race meet which is not a Sunday or a public holiday.
Every such payment shall be accompanied by a proper report in such form as may
be prescribed by the Commission. | Licensee to collect admission tax. |
(2) If any person
shall be admitted to a racecourse on any race meet without payment of any
admission fee then the licensee shall pay into the Consolidated Fund the sum of
ten per centum on the amount which such person admitted free would have paid
had he been charged admission at the regular rate. | Tax payable on free admission. |
(3)
Notwithstanding anything hereinbefore contained it shall be lawful for a
licensee to admit to any racecourse free of charge and without making any
payment into the Consolidated Fund in respect thereof the officials of such
racecourse, persons actually employed at such racecourse, and persons
representing newspapers published within The Bahamas provided that the licensee
shall furnish a list showing the names of all persons admitted to such
racecourse under the provisions of this subsection to the Commission on the day
following each race meet, unless such day following shall be a Sunday or public
holiday, in which case such list shall be furnished to the Commission on the
day next following the race meet which is not a Sunday or public holiday. | Tax waived in certain cases. |
17. The reports referred to in sections 15 and 16 of
this Act shall be audited annually by an auditor approved by the Minister. | Audit. |
18. (1) No person shall enter any horse, dog or other
animal in any race at any racecourse, or be employed as jockey, groom, exercise
boy, stable boy or otherwise in connection with any horse, dog or other animal
entered in any race at any racecourse, without first having obtained a permit
from the Commission to to do. | Occupation permits required. |
(2) Every
application for a permit shall be in such form and shall set forth such
information as the Commission may from time to time prescribe. | Form of application. |
(3) The Commission
may grant any permit for such period of time and subject to such restrictions
as they shall deem fit and may refuse to grant any permit to any person without
assigning any reason therefor, and may at any time revoke any permit either for
cause or without assigning any reason therefor. | Commission may grant permits. |
(4) The Commission
shall notify the licensee of the revocation of any permit issued hereunder
within two days after the date of such revocation. | Commission to notify licensee of revocation. |
(5) Any licensee
who shall permit any person to enter any horse, dog or other animal in any
race, at any racecourse, or be employed as jockey, groom, exercise boy, stable
boy or otherwise in connection with any horse, dog or other animal entered in
any race at any racecourse without such person having first obtained a permit
from the Commission or after such permit shall have been revoked by the
Commission shall be guilty of an offence against this Act and shall be liable
on summary conviction to a fine of two hundred dollars. | Offences. |
(6) Any person who
shall enter any horse, dog or other animal in any race at any racecourse or be
employed as jockey, groom, exercise boy, stable boy or otherwise in connection
with any horse, dog or other animal entered in any race, without first having
obtained a permit from the Commission, or after any such permit shall have been
revoked by the Commission, shall be guilty of an offence against this Act. | Offences. |
19. (1) Any person who shall- | Offences. |
(a) conduct
or attempt to conduct any race meet or who shall set up, keep, operate or
attempt to set up, keep and operate a racecourse without first obtaining a
licence under this Act; |
(b) influence
or attempt to influence, or have any understanding or connivance with, or
attempt to have any understanding or connivance with the owner, jockey, groom
or any other person connected with or interested in any horse, dog or other
animal entered in any race at any racecourse so as to affect, pre-arrange or
predetermine the results of such race; |
(c) by means of
any drug or otherwise stimulate or depress any horse, dog or other animal for
the purpose of affecting the results of any race; |
(d) obtain
food, drugs, supplies, transportation, or veterinary services for the use or
benefit of any horse, dog or other animal with intent to defraud the person
from whom such food, drugs, supplies, transportation, or veterinary services
are obtained; |
(e) knowingly
and designedly by false representation persuade, procure, or cause or attempt
to persuade, procure or cause another person to wager on any race and who shall
ask or demand compensation as a reward for such information or purported
information, |
shall be
guilty of an offence against this Act. |
(2) Any licensee
who permits any betting transaction at a racecourse with a person apparently
under the age of sixteen years shall be liable on summary conviction
to a fine of two hundred dollars. |
20. (1) Any person guilty of an offence against this
Act for which no specific fine or imprisonment is hereinbefore
provided shall be liable as a first offender on summary conviction to a fine of
five hundred dollars or to imprisonment for one year or to both such fine and
imprisonment. | Penalties. |
(2) Any person
guilty of a second or subsequent offence against this Act for which no specific
fine or imprisonment is hereinbefore provided shall be guilty of a felony and
shall be liable on conviction to imprisonment for five years without the option
of a fine. |
21. Any licence issued by the Racing Commission which
was valid and subsisting immediately prior to the seventh day of January 1964
shall, for all purposes, be deemed to be a licence issued by the Minister under
the
provisions of section 9 of this Act. | Saving of licences. |