Casino Control (Licensing of Special Employees) Regulations 2009

No. S 415

Casino Control Act

(Chapter 33A)

Casino Control (Licensing of Special Employees) Regulations 2009

In exercise of the powers conferred by sections 81, 90, 92 and 200 of the Casino Control Act, the Casino Regulatory Authority of Singapore, with the approval of the Minister for Home Affairs, hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Casino Control (Licensing of Special Employees) Regulations 2009 and shall come into operation on 9th September 2009.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“applicant” means a natural person who is the subject of an application for a special employee licence;

“certificate of competence”, in relation to an applicant or a licensee, means a certificate that certifies the competence of the applicant or licensee to exercise the functions specified in the certificate;

[S 115/2018 wef 01/05/2018]

[Deleted by S 115/2018 wef 01/05/2018]

“licence” means a special employee licence;

“licensee” has the same meaning as in section 79 of the Act, and includes a person holding a provisional licence granted under section 88 of the Act;

“preferred name” means any name by which a licensee prefers to be addressed while performing his functions as a licensee.

Functions unrelated to gaming not special employee functions

3.  For the avoidance of doubt, the exercise of any of the following functions for purposes unrelated to the conduct or playing of games shall not constitute the exercise of a function of a special employee:

(a) the movement of money about the casino premises;

(b) the exchange of money with patrons of the casino;

(c) the counting of money on the casino premises.

Prohibited persons

4.  For the purposes of section 81(4) of the Act, the following persons are ineligible to apply for a licence:

(a) a person below 21 years of age;

(b) a person who is subject to an exclusion order under section 121 or 122 of the Act;

[S 678/2022 wef 16/08/2022]

(c) a person who is excluded from entering or remaining, or taking part in any gaming, on any casino premises, because the person is —

(i) subject to a family exclusion order or provisional family exclusion order;

(ii) subject to an exclusion order under Part 10 of the Act; or

(iii) an excluded person because of section 165A(1)(c) of the Act.

[S 678/2022 wef 16/08/2022]

(d) [Deleted by S 678/2022 wef 16/08/2022]

Categories of licences

5.—(1)  The categories of licences are as follows:

(a) Category A;

(b) Category B;

(c) Category C1;

(d) Category C2.

(2)  A holder of each category of licence set out in the first column of the First Schedule shall be authorised to perform the functions set out opposite thereto in the second column of that Schedule.

(2A)  Despite paragraph (2), a licensee must not exercise any function authorised by the licence unless the licensee has been issued a certificate of competence by the casino operator of the casino specified in his licence in relation to that function, and the casino operator has not withdrawn the certificate of competence.

[S 115/2018 wef 01/05/2018]

(3)  Examples of job descriptions of each category of licence are set out opposite thereto in the third column of the First Schedule.

PART II

APPLICATION FOR SPECIAL EMPLOYEE LICENCE

Application for special employee licence

6.—(1)  An application for a Category A, Category B or Category C1 licence may be made only by a casino operator (or a person intending to apply for a casino licence) on behalf of an applicant who is to exercise any function authorised by such a licence in or in relation to the casino of the casino operator (or the person intending to apply for a casino licence), as the case may be.

(2)  An application under paragraph (1) must be accompanied by a certificate of competence by the casino operator (or the person intending to apply for a casino licence), as the case may be, for the applicant to exercise that function.

(3)  An application for a Category C2 licence may be made by —

(a) an applicant who is to exercise in or in relation to a casino any function authorised by a Category C2 licence; or

(b) any person on behalf of an applicant.

(4)  An application under paragraph (3) for a Category C2 licence must be accompanied by —

(a) a certificate of competence by the casino operator (or the person intending to apply for a casino licence) in or in relation to whose casino the applicant is to exercise a function authorised by the licence, for the applicant to exercise that function; and

(b) an endorsement of the applicant by that casino operator (or person intending to apply for a casino licence).

(5)  Every application under paragraphs (1) and (3) and the documents required under paragraphs (2) and (4) must be submitted using the relevant application form issued by the Authority ––

(a) in such electronic form and by such electronic means as the Authority may provide;

(b) if there is a malfunction of the electronic form mentioned in sub‑paragraph (a), in paper form accompanied by an electronic copy thereof to the office of the Authority; or

(c) in such other manner as the Authority may specify in any particular case.

(6)  To avoid doubt, where an applicant wishes to exercise in or in relation to more than one casino any function of a special employee, an application for a special employee licence must be submitted for each of those casinos.

[S 115/2018 wef 01/05/2018]

7.  [Deleted by S 115/2018 wef 01/05/2018]

General provisions relating to applications

8.—(1)  For the purposes of section 81(1)(a) of the Act, the application fee for each category of licence is specified in the Second Schedule.

(2)  Any particulars of a change of information to be given under section 83 of the Act or any information or records required by the Authority under section 84 of the Act in relation to an application under regulation 6 shall, wherever possible, be submitted in the same manner in which the application was submitted.

[S 115/2018 wef 01/05/2018]

(3)  The Authority may refuse to consider any application under regulation 6 if ––

(a) the application is incomplete;

(b) any person refuses to allow the investigation in respect of the application under section 85 of the Act;

[S 115/2018 wef 01/05/2018]

(c) the application fee or the deposit for the costs of investigation required under regulation 9(2) is not paid;

[S 115/2018 wef 01/05/2018]

(d) the applicant, or any other person who makes the application, refuses to provide any information required by the Authority under section 84 of the Act; or

[S 115/2018 wef 01/05/2018]

(e) the application is not made in accordance with regulation 6(5).

[S 115/2018 wef 01/05/2018]

[S 115/2018 wef 01/05/2018]

Costs of investigation of applications

9.—(1)  The costs of investigation in relation to each application for, or renewal of, a licence are to be borne by the person making the application.

(2)  For the purposes of meeting the full costs of the investigations referred to in paragraph (1), the Authority may by notice in writing —

(a) require the person making the application to maintain a deposit with the Authority of such sum as may be specified in the notice; and

[S 115/2018 wef 01/05/2018]

(b) at any time thereafter, require the person making the application to deposit with the Authority such additional sums as may be specified in the notice.

[S 115/2018 wef 01/05/2018]

(3)  The Authority shall periodically certify the actual costs of the investigations referred to in paragraph (1).

(4)  When the person making the application notifies the Authority in writing that the person does not intend to make any further application for a licence or renewal of a licence, the Authority must refund the remaining sum of the deposit under paragraph (2) without interest to that person.

[S 115/2018 wef 01/05/2018]

[S 115/2018 wef 01/05/2018]

10.  [Deleted by S 115/2018 wef 01/05/2018]

PART III

SPECIAL EMPLOYEE LICENCE

Issue of licence

11.  A licence granted by the Authority to a licensee authorises the licensee to exercise any function authorised by the licence only in or in relation to the casino specified in the licence.

[S 115/2018 wef 01/05/2018]

Duration of licence, etc.

12.—(1)  The Authority may specify for every licence granted or renewed on or after 1 September 2020 the duration of the licence for a period not exceeding 7 years.

[S 724/2020 wef 01/09/2020]

(2)  A Category A, Category B or Category C1 licence (whether issued before, on or after 1 May 2018) ceases to be valid —

(a) if the licensee is an employee of the casino operator of the casino specified in the licence, when the licensee ceases to be employed by the casino operator; or

(b) when the casino operator of the casino specified in the licence notifies the Authority in such form and manner as the Authority may specify, that it no longer requires the licensee to exercise any function authorised by the licence in or in relation to the casino operator’s casino.

(3)  A Category C2 licence issued on or after 1 May 2018 ceases to be valid when the casino operator of the casino specified in the licence notifies the Authority in writing that the casino operator has withdrawn its endorsement of the licensee mentioned in regulation 6(4)(b).

(4)  A licence is not transferable.

[S 115/2018 wef 01/05/2018]

Identification passes and entry passes

13.—(1)  For the purposes of section 87 of the Act, a casino operator shall issue an identification pass of a type approved by the Authority to every holder of a Category A, Category B or Category C1 licence who performs any function of a special employee on its casino premises.

(2)  An identification pass under paragraph (1) shall contain —

(a) the preferred name of the licensee;

(b) an identification number issued by the Authority to a licensee;

(c) a recent colour photograph of the licensee according to such specifications as to standard, quality, dimension or any other matter as may be determined by the Authority;

(d) information which identifies the department of the casino operator to which the licensee belongs; and

(e) such other information as may be determined by the Authority.

(3)  A casino operator shall issue to every holder of a Category C2 licence who enters its casino premises for the purpose of performing his function as a licensee, an entry pass of a type approved by the Authority which shall clearly identify him as a Category C2 licensee.

(4)  A casino operator which fails to comply with this regulation shall be liable to disciplinary action under section 54 of the Act.

PART IV

DUTIES OF CASINO OPERATORS

[S 115/2018 wef 01/05/2018]

Directions to casino operator to provide information, etc.

14.  Without prejudice to section 97 of the Act, the Authority may, by directions given under section 57 of the Act, require a casino operator to notify the Authority of matters relating to any licensee who is authorised by his licence to perform any function in or in relation to the casino operator’s casino, or to provide such information relevant to the licensee, in such form and manner, as the Authority may require.

[S 115/2018 wef 01/05/2018]

15.  [Deleted by S 115/2018 wef 01/05/2018]

16.  [Deleted by S 115/2018 wef 01/05/2018]

17.  [Deleted by S 115/2018 wef 01/05/2018]

PART V

CHANGES TO, RENEWAL AND REPLACEMENT OF SPECIAL EMPLOYEE LICENCE

Change to functions or assignment of new function

18.—(1)  A casino operator which intends to make any change to the functions of, or assign a new function to, a licensee, shall ––

(a) where the new function to be assigned is not among the authorised functions of the category of licence held by that licensee, apply for a new licence on behalf of the licensee to replace the current licence;

[S 115/2018 wef 01/05/2018]

(b) where the new function to be assigned is an authorised function of the category of licence held by that licensee, notify the Authority of the assignment by submitting a notice of the change in accordance with paragraph (2); and

(c) where the change to the functions of the licensee does not involve any assignment of a new function to the licensee, notify the Authority in writing within 7 days after the change.

(2)  A notice of the change referred to in paragraph (1)(b) shall describe the details of the new function and shall be submitted in such form and manner as the Authority may specify —

(a) within 7 days after the licensee starts exercising the new function, if there has been previously submitted to the Authority a certificate of competence for the licensee in relation to that function, and the casino operator is satisfied that the certificate is still valid; or

(b) at least 7 days before the licensee starts exercising the new function, accompanied by a certificate of competence by the casino operator for the licensee to exercise the new function.

[S 115/2018 wef 01/05/2018]

(3)  The Authority may require the casino operator to provide such other information or produce such other records relating to the assignment of the new function as the Authority may specify and may, after considering the matter —

(a) accept the notice of the change; or

(b) reject the notice of the change and require the casino operator to submit an application for a new licence on behalf of the licensee.

[S 115/2018 wef 01/05/2018]

(4)  A casino operator which fails to comply with paragraph (1) shall be liable to disciplinary action under section 54 of the Act.

Renewal of licence

19.—(1)  An application to renew a licence that is a Category A, Category B or Category C1 licence may only be made by the casino operator of the casino specified in the licence.

[S 115/2018 wef 01/05/2018]

(1A)  An application to renew a licence that is a Category C2 licence may be made by either —

(a) the licensee; or

(b) any person on behalf of the licensee.

[S 115/2018 wef 01/05/2018]

(1B)  An application mentioned in paragraph (1) must be accompanied by a certificate of competence issued by the casino operator, unless paragraph (4) applies.

[S 115/2018 wef 01/05/2018]

(1C)  An application mentioned in paragraph (1A) must be accompanied by —

(a) a certificate of competence issued by that casino operator, unless paragraph (4) applies; and

(b) an endorsement of the licensee by the casino operator of the casino specified in the licence.

[S 115/2018 wef 01/05/2018]

(1D)  An application to renew a licence under paragraph (1) or (1A) must be made —

(a) in such electronic form and by such electronic means as the Authority may provide;

(b) if there is a malfunction of the electronic form mentioned in sub‑paragraph (a), in paper form accompanied by an electronic copy thereof to the office of the Authority; or

(c) in such other manner as the Authority may specify in any particular case.

[S 115/2018 wef 01/05/2018]

(2)  An application for renewal of a licence shall be submitted to the Authority not later than 3 months before the date of expiry of the licence and shall be accompanied by the relevant renewal fee specified in the Second Schedule.

(3)  If an application to renew a licence is submitted to the Authority less than 3 months before the date of expiry of the licence, the application shall, in addition to the renewal fee, be accompanied by the relevant late application fee specified in the Second Schedule.

(4)  An application for the renewal of a licence need not be accompanied by a certificate of competence by the casino operator of the casino specified in the licence if —

(a) the casino operator has previously issued a certificate of competence certifying that the licensee is competent to exercise the functions which are authorised by the licence that is being renewed, and the casino operator has not withdrawn the certificate of competence; and

(b) the licensee is not proposing to perform a new function for which no certificate of competence has previously been submitted for the licensee.

[S 115/2018 wef 01/05/2018]

(5)  If a requirement under this regulation is not complied with, the Authority may refuse to consider the application.

[S 53/2013 wef 31/01/2013]

Replacement of licence

20.  For the purposes of section 92 of the Act, the fee for replacement of a licence is specified in the Second Schedule.

PART VI

GENERAL

No refund of fees or costs of investigation

21.  Except where expressly provided in these Regulations, all fees and costs of investigation shall be payable in advance and shall not be refundable, even if the application for the licence is unsuccessful or withdrawn.

Production of licence or identification pass to inspector

22.—(1)  Any inspector may stop a person who is, or who reasonably appears to the inspector to be, exercising any function of a special employee from exercising that function, if —

(a) on demand of the inspector, the person fails to produce a valid licence or identification pass or, in the absence of such documents, is unable to produce evidence that he is a licensee; or

(b) the inspector reasonably suspects that the person is exercising a function that is not authorised by his licence.

(2)  Any person who fails to comply with a direction of an inspector to stop exercising the function of a special employee under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

FIRST SCHEDULE

Regulation 5(2) and (3)

Categories of Special Employee Licences

First column	Second column	Third column
Category	Authorised function	Examples of job descriptions
Category A	Any of the following functions: (a) the function of senior management or other executive function of a casino operator; (b) the functions in paragraph (a) of the definition of “special employee” in section 2 of the Act performed by a person with overall responsibility for that function; (c) a function with significant influence over or with respect to operations in a casino; (d) any function authorised by a Category B or Category C1 licence.	Chief Executive Officer, Chief Financial Officer, General Counsel, Chief Technology Officer, Vice-President or Director of Casino Operations, Vice-President or Director of Table Games.
Category B	Any of the following functions: (a) middle management of a casino operator; (b) a managerial function in a casino; (c) making operational decisions, involving the exercise of discretion, that regulate the operations of a casino; (d) any function authorised by a Category C1 licence.	Pit manager, slot manager, cage manager, audit manager, international marketing manager.
Category C1	Any of the functions set out in paragraph (b)(i) to (vii) of the definition of “special employee” in section 2 of the Act or specified by notice in writing under paragraph (b)(viii) of that definition.	Dealer, cage cashier, slot attendant, casino account officer, surveillance officer, table games supervisor.
Category C2	Any of the following functions: (a) technical support services relating to the maintenance, rectification or repair of gaming equipment in any casino premises; (b) technical support services relating to the maintenance, rectification or repair of surveillance installations, devices or equipment in any casino premises.	Slot technician, technical support personnel for surveillance equipment, slot management systems or electronic monitoring systems.

SECOND SCHEDULE

Regulations 8(1), 19(2) and (3) and 20

Fees

1. For an application for —
(a) a Category A licence	$400
(b) a Category B licence	$320
(c) a Category C1 licence	$270
(d) a Category C2 licence	$270
2. For an application for renewal of —
(a) a Category A licence	$350
(b) a Category B licence	$300
(c) a Category C1 licence	$240
(d) a Category C2 licence	$240
3. For a late application to renew —
(a) a Category A licence	$50
(b) a Category B licence	$20
(c) a Category C1 licence	$30
(d) a Category C2 licence	$30
4. For a replacement of a licence	$10.

[S 465/2011 wef 01/09/2011]

Note:

    Items 1, 2 and 3 may be subject to such goods and services tax as is payable under the Goods and Services Tax Act 1993.

[S 678/2022 wef 31/12/2021]

 

Made this 2nd day of September 2009.

RICHARD MAGNUS

Chairman,
Casino Regulatory Authority of Singapore.

[CRA/5/5/2C V3; AG/LEG/SL/33A/2006/9 Vol. 1]