Tourism and Hospitality Act 2007 (No. 23 of 2007)

82. Repeal of Cap. 153, Cap. 155 and Cap. 157 Tourism and Hospitality [No 23 of 2007 421 GOVERNMENTOFZAMB~ ACT No. 23 of 2007 Date ofAssent: 29th November, 2007 An Act to provide for the development of the tourism industry through tourism planning, management and co-ordination; to provide for the functions of the Director of Tourism; to provide for incentives for investors in the tourism industry; to provide for the control and regulation of hotels and the enforcement of reasonable standards of cleanliness, sanitation and service; to provide for the authorisation and licensing of tourism enterprises; to provide for the granting of casino licences; to provide for the constitution of the Hotel Managers Registration Council; to provide for the establishment and administration of the Tourism Development Fund; to repeal the Tourism Act, 1979, the Hotels Act, 1987 and the Casinos Act, 1992; and to provide for matters connected with or incidental to the foregoing. [30th November, 2007 ENACTED by the Parliament of Zambia Enactment PART I PRELIMINARY

1 — This Act may be cited as the Tourism and Hospitality Act, Short title

1. This Act may be cited as the Tourism and Hospitality Act, Short title 2007, and shall come into operation on such date as the Minister and may, by statutory instrument, appoint. COIIlIIl:fXmlell.I

2 — In this Act, unless the context otherwise requires - Interpretation

2. In this Act, unless the context otherwise requires - Interpretation " authorisation" means the written consent of the Director granted under section sixteen; " Board " means the Zambia Tourism Board established under the Zambia Tourism Board Act, 2007; Act No. 24 "card game" means any game ofcards specified in a casino of 2007 licence; " casino " means any premises kept and managed for the purpose of gaming; "casino licence" means a licence issued under section forty- eight; 422 No 23 of 2007] Tourism and Hospitality " Committee" means the Tourism Enterprise Authorisation and Licensing Committee constituted under section nine; " Council" means the Hotel Managers Registration Council constituted by section sixty-six; " Director" means the Director of Tourism appointed under section three; "Fund "means the Tourism Development Fund established under section sixty-two; " gaming" meansthe playing ofa game ofchance for winnings in money or money's worth; "game of chance" does not include any athletic game or sport; "gaming machine" means a machine for playing a game of chance, being a game which requires no action by any player other than the actuation or manipulation of the machine; " gross revenue" means the total income derived or received from gaming at a casino and includes credit extended to customers, any hiring charge, or commission paid on gaming machines and the entry fee to the casino less only the total of all sums paid out as losses by the licensee in respect of games played under a casino licence; " hotel" means a motel, lodge, boarding house, guesthouse, camp, camping site and any building or premises used for accommodation ofthe public in which lodgings are provided and provisions are supplied by the manager thereof but does not include any Government rest house, hostel, school or such council rest house as the Minister may, by statutory instrument, exclude;. " hotel-keeper" means a person to whom a hotel licence has been issued under this Act and includes a person to whom a licence has been transferred under section thirty- six; " hotel licence " means a licence issued under section thirty-four; " hotel manager's certificate" means a practising certificate issued under section seventy and "hotel manager" shall be construed accordingly; " inspector" means a person who is designated an inspector under section seventy-four; " intoxicating liquor" has the meaning assigned to it in the Cap. 167 Liquor Licensing Act; " licence" means a tourism enterprise obtained under section sixteen, by an owner of a tourism enterprise; " prescribed" means prescribed by the Minister, by statutory instrument; II I ;1111" II I I,ll I I I I ,I Tourism and Hospitality [N0 23 of 2007 423 " restaurant" includes any premises on which is carried out the business of preparing and or supplying for reward any food or beverage whether there is the provision of waiters services to individual customers or otherwise, but does not include- (a)a bona-fide worker's or staff canteen maintained for the use ofpersons employed in any particular undertaking, by that undertaking; (b)any premises where food or beverage is supplied only to persons who reside or board at, or work at, such premises; (c)any informal eating outlets which faU below the minimum requirement of a restaurant; or (d)any portion ofa licensed hotel which is not let out or sublet to a different manager other than being run by the management directly. " tourism enterprise" includesthe construction, reconstruction, renovation and rehabilitation of an hotel, casino, a tour operating business, a travel agency, amusement and theme parks and an air charter business, water sports, a vehicle or vessel leasing business, a restaurant or cafe adiscotheque, a convention centre and such other enterprise catering for tourists as the Minister may, by statutory instrument, declare to be a tourism enterprise; " tourism officer" includes a tourism development officer, provincial tourism development co-ordinator, tourism research officer, tourism field officer, tourism projects officer and such other officer as may be appointed by the Public Service Commission under this Act; " tourism product " means such tourism resources and activities as the Minister may, by the statutory instrument prescribe which resources and activities give, or are intended to give, Zambian tourism a competitive edge in the international market; and " winnings" include any amount deducted for the benefit of the licensee from any stake or bank in a game not being an amount deducted from the receipts of any slot machine. 424 No 23 of 2007] Tourism and Hospitality PART II ADMlNIS TRATION Director of 3. (1) There shall be a Director of Tourism who shall be a Tourism public officer and who shall be appointed by the Public Service Commission. (2)The Director.shall, subject to the general or specific directions of the Minister, be responsible for the administration of this Act and shall perform the functions and exercise the powers conferred upon the Director by or under this Act. (3) The Director may, subject to the other provisions of this Act and to the general or special directions ofthe Minister, delegate any ofthe Director's functions under this Act to the ChiefTourism, Policy,Planning and Co-ordinationOfficer, Chief Tourism,Research and Product Development Officer, the Chief Standards Officer or such other officer as the Director may determine. Chief 4. (1) There shall be a ChiefTourism, Policy, Planning, and Tourism, Policy, Co-ordination Officer appointed by the Public Service Commission, Planning and as a public officer, and who shall, subject to the direction of the Co- ordination Director, be responsible for initiating tourism policy, planning of Officer and tourism and co-ordination oftourism activities. Chief Tourism Research (2)There shall be a Chief Tourism, Research and Product and Product Development Officer appointed by the Public Service Commission, Development Officer as a public officer and who shall, subject to the direction of the director be responsible for tourism research and product development. Chief 5. There shall be a Chief Standards Inspector appointed by the Standards Public Service Commission, as a public officer, and who, subject Inspector to the direction of the Director, shall be responsible for tourism standards, inspection and licensing. Appointment 6. There shall be appointed by the Public Service Commission, of other staff as public officers, such other officers who shall include provincial tourism development officers, tourism development officers, tourism research officers, tourism extension officers, tourism projects officers, tourism licensing officers, tourism standards inspectors and tourism credit officers as may be necessary for the proper administration ofthis Act. I' I ,III II , III I I Tourism and Hospitality [Nol3 of2007 425

7 — Subjectto the other provisions ofthis Act, the functions ofthe Functions of

7. Subjectto the other provisions ofthis Act, the functions ofthe Functions of Director shall be to - Director (a)initiate and recommend to the Minister policies relating to the development of the tourism sector; (b)develop tourism plans and programmes to encourage the development ofthe tourism industry in Zambia; (c)cause to diversify the tourism product portfolio to ensure the maximum exploitation ofZambia's tourism potential; (d)in collaboration with other relevant Ministries and authorities, reflect tourism interests in land and other natural resource use and management decisions; (e) in consultation with the Ministry responsible for: culture and the National Arts Council of Zambia, encourage the development and preservation of Zambian arts and cultural values as a tourist attraction; (f) in consultation with the Technical Education, Vocational and Entrepreneurship Training Authority- (i)participate in the development of standards to be maintained by institutions that provide training programmes for persons employed or seeking employment in the tourism industry; and (ii) recommend the focus for training programmes for persons employed or seeking employment in the tourism industry; (g) in collaboration with the Zambia Development-Agency and other relevant authorities, streamline and facilitate the acquisition of licences by investors in the' tourism industry; (h) monitor trends in the tourism industry by conducting research and analysis; (i) assist in carrying out any regional or national plan forthe development and promotion of tourism; 0) carry out surveys and collect and compile on a regular basis statistics on the performance of the 'tourism industry; (k) collaborate with relevant authorities on labour, HIVIAIDS, social and welfare matters and other inter-sectoral matters that have an impact on tourism and-tourism development; (I) carry out, undertake or commission tourism research, studies and surveys to facilitate decision making and identify tourism priority areas, tourism marketingcircuits and zones for the development and promotion cffitourism; 426 No 23 of 2007] Tourism and Hospitality (m) collect tourism data or information and establish and maintain a data base oftourism statistics in the country and to establish and maintain a system oftourism satellite accounting; (n) implement the decisions ofthe Committee; and (0) do such other things as may be necessary to perform the Director's functions under this Act. Performance 8. Whenever the Director is absent or is for any cause unable to 'of Director's perform the functions ofthe Director's office, such functions shall functions be performed by the Chief Tourism Policy, Planning and Co- during absence ordination Officer or the Chief Tourism Research and Product Development Officer or the Chief Standards Inspector. Constitution 9. (1) There is hereby constituted a Tourism Enterprises of Authorisation and Licensing Committee which shall consist of Tourism eleven part-time members appointed by the Minister. Enterprise Authorisation (2) The members appointed under subsection (J) shall be persons and who have expertise in economic empowerment, financial Licensing management, hotel management, civil engineering, architecture and Committee physical planning and shall include a representative each of- (a) the Ministry responsible for tourism; (b )the Immigration Department ofthe Ministry responsible for home affairs; (c) the Ministry responsible for finance; (d) the Attorney-General; and (e) the Tourism Council of Zambia. (3) The Director shall be the Secretary to the Committee. (4) The Minister shall appoint the Chairperson and the Vice-Chairperson of the Committee from amongst the members referred to in subsection (L), (5) Subject to subsection (6), a member of the Committee shall hold office for a period ofthree years from the date ofappointment but may be eligible for reappointment for a further term of three years. (6) The office of a member shall become vacant- I II I 11111 II I I,ll I I I I I II Tourism and Hospitality [No 23 of 2907 427 (a) ifthat member is absent without reasonable excuse from three consecutive meetings of the Committee of which themember had notice; (b) upon the member's death; (c) if the member is adjudged bankrupt; (d) on a member ceasing to hold the office by virtue of which the member was appointed; (e) if the member becomes mentally or physically incapable of performing the duties ofa member ofthe Committee; or (j) if the member is convicted of an offence under any written law and sentenced therefor to imprisonment for a term exceeding six months. (7) Where a vacancy occurs in terms of subsection (6), the Minister may appoint a new member in accordance with subsection (l), to hold office for the unexpired part of that member's term, (8) A member of the Committee shall be paid such allowances as the Minister may determine. (9) Subject to the other provisions of this Act, the Committee may regulate its own procedure. (10) The Committee shall meet for the transaction of business as often as is necessary or expedient for the conduct of its business at such places and times as the Chairperson may determine. (11) The quorum at any meeting of the Committee shall be six members of the Committee. (12) There shall preside at any meeting of the Committee- (a) the Chairperson; (b) in the absence ofthe Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the ViCO- Chairperson, such member as the members present may elect from their number for the purpose of that meeting. (13) The determination ofany matter before the Committee ....!1 be according to the votes of the majority of the members preseat and considering the matter. 428 No 23 of 2007] Tourism and Hospitality (14) The Committee may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting ofthe Committee but such person shall have no vote. (15) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee. (16) The Minister shall assign persons employed in the Department ofTourism ofthe Ministry responsible for tourism to perform such secretarial and administrative functions in connection with the Committee. Functions of 10. The functions of the Committee shall be to-- Committee (a) receive and approve applications for authorisation and Iicencing forwarded to the Committee in terms ofsection sixteen, thirty-four and forty-eight; (b) receive and approve applications for renewals and transfers of licences granted under this Act; and (c) perform such other functions as may be assigned to the Committee by or in terms of this Act. Committees 11. (1) The Minister may, on the recommendation of the Director, constitute such other committees as the Minister may consider necessary for the purposes of this Act and for exercising any of the Director's functions under this Act. (2) The Committees constituted pursuant to subsection (1) may include as members ofthe committees such experts as the Minister may consider necessary. PART HI TOURISM PLANNING AND DEVELOPMENT General 12. The Minister shall, for the purposes of this Act- functions (0) develop policies for efficient and effective integrated of Minister planning and optimum development of the tourism industry in the national interest; (b) encourage and support tourism marketing and development for the promotion of tourism within and outside Zambia; (c) promote or facilitate the provision oftraining facilities for persons providing services in tourism related industries; (d) promote the participation and involvement of local communities in the tourism industry; I I II I '11111' I I I I I I I Tourism and Hospitality (No 23 of 2007 429 (e) promote partnerships between public and private sector organisations in tourism development; (f) encourage professionalism and enhance the job creation potentialof the tourismindustryinZambiaby developing and sponsoring training programmes, seminars and other activities through which information can be shared and expertise developed; (g) cause to develop and enforce standards for the tourism industry; (h) encourage,promoteand supportinvestmentin the tourism industryandthe participationof Zambiansin the tourism industry; (i) encourage the use of environmentallyfriendlytechnology in tourism businesses; (j) ensure that gender considerations are fully integrated into all the policies, programmes and activities relating to the tourism industry; (k) encourage the enhancement of the standards of accommodation, facilities, tourism services and related amenities and support structures necessary to facilitate and support tourists in Zambia; (I) in consultationwith the appropriateauthorities,encourage and facilitatethe developmentof amenitiesand facilities designed to attract tourists to Zambia; (m) cause to be carried out studies and surveys, designed to identity areaswhich may bedeclared as tourism priority areas, and cause to be prepared regional or national plans for the development and promotion oftourism in such areas; (n) give effect to any international or regional agreement, to which Zambia is a State Party, on tourism, in the spirit ofmutual cooperation; (0) ensure that research is carried out, and information obtained and kept, by the Director relating to tourist traffic into Zambia; (P) in consultation with relevantauthorities mobilise resources forthe development ofthe tourism industry in the national interest; (q) facilitate the development of tourism and tourism-related infrastructure to, and in, tourism areas; and (r) administer the Tourism Development Fund established under section sixty-two 430 No 23 of 2007] Tourism and Hospitality Tourism 13. The Minister shall,in consultationwith stakeholders, develop Ethics a code of ethics in accordance with the United Nations World Tourism Organisation Code ofEthics. Director to 14. The Director shall liaise with the Board, the Zambia Wildlife liaise with Authority, the National Heritage Conservation Commission, the Board, etc. National Museums Board, the Hotels and Tourism Training Institute and other relevant authorities and organisations to- (a) facilitate the growth and development of the tourism industry; (b) improve and maintain standards in the tourism industry; and (c) co-operate on matters of mutual interest in the tourism industry. PART IV AUTHORISATION AND LICENSING OF TOURJSM ENTERPRlSES Prohibition 15. (1) A person shall not commence the construction, of reconstruction, renovation, rehabi litation or in any way effect any operating changes to the structure of a tourism enterprise unless the person tourism business has previously applied to, and obtained from the Committee, an without authorisation to construct, renovate, rehabilitate, reconstruct or licence or effect changes, as the case may be, to the tourism enterprise. authorisation (2) A person shall not operate as a tour operator or travel agent or operate any tourism enterprise except under and in accordance with a licence issued by the Committee. (3) Any person who contravenes subsection (1) or (2) commits an offence and shall be Hable, on conviction, to a fine not exceeding . one hundred thousand penalty un its or to imprisonment for a term not exceeding one year, or to both. (4) In addition to the penalty specified in subsection (3), the court may make such order as it considers necessary to give effect to the provision of thisAct. Application 16. (1) Any person who desires to- for (a) construct, renovate, rehabilitate, reconstruct or in any authoirsation or licence way effect any changes to the structure of a tourism enterprise; or I I II I 111111 Tourism andHospitality [No23012007431 (b) set up and operate as a tour operator or travel agent or any tourism business; . shall submit an application to the Director in the prescribed form for an authorisation or a licence and the Director shall upon receipt of such application, as soon as practicable, forward it to the Committee. (2) An application for an authorisation or a licence shall- (a) describe the nature and scope of the proposed tourism enterprise to which it relates; (b) state the place where such tourism enterprise is to be established or carried on; (c) statethe estimated time of completion ofthe development or of each phase thereof; (d) be accompanied by- (i) details and proofofthe financialviabi lityof suchtourism enterprise; (ii) the prescribed fee; (iii) information on the safety measures to be adopted in the course of developing the enterprise; (iv) information on measures taken to protect the environment; (v) information on the employment, empowerment and training ofZambian citizens; and (vi) such other information and documentation required by the Committee for the determination of the application as may be prescribed under this Act.

17 — (1) Where in the opinion of the Director, additional Power to call

17. (1) Where in the opinion of the Director, additional Power to call information is required on any matter contained in an application for for an authorisation or licence, the Director may, beforeforwarding additional information the application to the Committee, call upon the applicantto furnish on additional information and may,if the applicant fails to supplythose application particulars within such period as the Director may specify, reject the application without referring the application to the Committee, (2) The Director may consult any other authority for the supply of additional particulars in respect of an application for an authorisation or licence. 432 No 23 of 2007] Tourism and Hospitality Notification 18. The Director shall, before forwarding an application for an of lodging of authorisation or a licence to the Committee, cause to be published application in two newspapers ofgeneral circulation a notice ofsuch application giving such particulars about the applicant and the tourism enterprise for which the application is made, as may be sufficient to enable an objection to be made to the application as provided in section nineteen. Objection to 19. (l) Any person who has any reason for objecting to the issuance of licence issuance of a licence or an authorisation may, within twenty-one or days ofthe date of publication of a notice under section eighteen, authorisation lodge an objection by submitting to the Director and to the applicant a notice in writing, stating the grounds for the objection. (2) The Director shall upon receipt of an objection under subsection (1), as soon as practicable, forward it to the Committee: Provided that if it appears to the Committee that the objection made under subsection (J) is frivolous and vexatious and has no merit, the Committee may reject such an objection and shall immediatelyinform the objector in writing of the decision stating the reasons for the rejection. (3) The Committee shall consider the objection referred to it under su bsection (2) within thirty days ofreceiving the objection. (4) In considering an objection under this section, the Committee may require the objector to answer such questions or furnish such particulars to the Committee as the Committee may consider necessary to enable it determine the objection and may rely on any other evidence not submitted by the applicant or the objector. (5) The Committee shall sustain the objection, if it is satisfied that the objection has merit, and shall overrule the objection ifthe Committee is not so satisfied; and (6) Where the Committee recommends that the objection be sustained or that the objection has no merit, the Director shall, in writing, notify the objector ofthe decision and where the objection is dismissed the Director shall give reasons for the decision. Tourism and Hospitality [No 23 of 2007 433 (7) The objector may if aggrieved by the decision of the Committee made under subsection (5), appeal in writing to the Minister to review the decision of the Committee and may tender additional evidence or further and better particulars to be taken into consideration by the Minister in determining the appeal. (8) A notice of appeal shall be given in writing to every party concerned. (9) The Minister may, in considering an appeal under this section, set aside, vary or uphold the Committee's decision and shall in writing communicate to the objector the Minister's decision. (J 0) Any person who is aggrieved by the decision ofthe Minister under subsection (9) may appeal to the High Court within thirty days ofthe date ofreceipt of notification of the Minister's decision.

20 — (1) Subject to the other provisions of this Act, the Committee Approval or

20. (1) Subject to the other provisions of this Act, the Committee Approval or may issue a licence or authorisation, as the case may be, to the refusal of applicant specifying the terms and conditions of the licence or application authorisation. for licence or (2) Where the Committee considers that an application for an authorisation authorisation or a licence should not be approved, the Committee may reject the application and shall in writing inform the applicant of the decision and state the reasons for the rejection.

21 — (1) Any person aggrieved by the refusal of the Committee Appeal

21. (1) Any person aggrieved by the refusal of the Committee Appeal against to approve the application tor a licence or authorisation under section refusal to twenty may, within thirty days of the decision being communicated issue licence to that person, appeal, in writing, to the Minister: or authorisation Provided that the Minister may consider an appeal after the expiry of the thirty days specified in this subsection if satisfied that the appellant was prevented by sufficient cause from fil ing the appeal within the specified period. (2) The Minister may, before reaching a decision in any appeal- (a) refer the matter to the Committee for further inquiry and consideration; or (b) make such further inquiry and investigation into the matter as the Minister considers necessary. (3) In any appeal under subsection (1), the Minister may confirm, vary or set aside the decision of the Committee and shall notify the appellant of the Minister's decision in the matter. :.) 434 No 23 012107] Tourism andHospitality (4) Any person who is aggrieved by the decision ofthe Minister fouphold the Committee's decision as specified under subsection (3) may appeal to the High Court within thirty days ofthe receipt ofthe notification ofthe Ministers decision. Restriction 22. (1) A licence or authorisation shall not be transferred or on varied except with the prior written approval ofthe Committee. transfer and variation of (2) The Committee may vary or amend any condition attached licence to a licence or authorisation under subsection (2), on application by or the licensee or authorisation holder to vary the terms and conditions authorisation attached or relating to the licence or authorisation or of the Committee's own volition at the time of renewal of a licence or authorisation if there are any changes relating to the tourism enterprise: Provided that the Committee shall not vary any term or condition ofthe licence ofthe Committees'own volition without first giving the licensee or authorisation holder a reasonable opportunity to make representations in that regard. (3) Any variation of a term or condition of a licence by the Committee under subsection (2) shall be endorsed on the licence or authorisation together with the date when the variation is made and the date when it will take effect. Period of 23. (1) Subject to the other provisions ofthis Act, a licence for validity of a tourism enterprise other than a hotel or casino shall be valid for a licence or period of twelve months from the date of issue to the 31st day of authorisation December ofthe year in which the licence is issued. (2) An authorisation to construct, reconstruct , renovate, rehabilitate or in any way effect changes to the structure ofa tourism enterprise shall be valid for a period oftwenty-four months from the date ofissue, during which period the applicant shall implement the proposed developments. (3) An authorisation to operate a tourism enterprise shall be valid for a period oftwelve months from the date of issue. (4) Where for any reason a holder of an authorisation referred to in subsection (2) is unable to implement the developments described in the authorisation, the holder ofthe authorisation shall notify the Committee of their inability to implement such de\lelopments, stating the reasons for such inability within thirty days of the holder of the authorisation becoming aware of the inability to implement the development. I II I III II • III I I I I II • Tourism andHospitality [No n 012007435 (5) A licence holder may apply for the renewal of a licence to operate a tourism enterprise sixty days prior to the expiration of the period of validity of the existing licence and shall pay the prescribed renewal fee: Provided that the Committee may, upon payment of the prescribed fee accept an application lodged after the expiry ofthe sixty days specified in this subsection ifsatisfied that a licensee was prevented by sufficient cause from lodging the application within the specified period. (6) Where an application for a licence is received under subsection (5) the Director shall, as soon as practicable after receipt ofthe application forward it to the Committee and the Committee shall consider the application and approve or reject the application, as the case may be, within sixty days of receiving it. (7) A licence holder who submits an application for renewal ofa licence under this section may continue to operate the tourism enterprise until a decision is made by the Committee on the application.

24 — (1) The Director shall maintain or cause to be maintained Register of

24. (1) The Director shall maintain or cause to be maintained Register of a register of - licences or authorisation (a) licensed tourism enterprises; (bJ licences or authorisations, including any conditions subject to which each licence or authorisation is issued; and (c) any amendments, suspensions or revocations oflicences or authorisations. (2) The register kept in terms of subsection (1) shall be open for inspection by members of the public at all reasonable times at the office of the Director or at such other place as the Director may determine on payment of the prescribed fee.

2S — Every licence holder shall exhibit the licence or a certified Display of

2S. Every licence holder shall exhibit the licence or a certified Display of copy thereof in a conspicuous place at the licence holder's principal licence place of business and at every branch where the licence holder carries on the tourism enterprise.

26 — (1) Every holder of an authorisation, or licence, shall be Obligations

26. (1) Every holder of an authorisation, or licence, shall be Obligations of required to comply with such conditions as the Minister may uthorisation determine. or licence ltolder 436 No 23 of 2007] Tourism and Hospitality (2) The cond itions in subsection (I) may require a holder of an authorisation or licence to- (a) submit to the Director at the end of each financial year, an audited financial statement relating to the operations; (b) submit to the Director, at the end of the financial year, production and cost accounts of operations; (c) submit to the Director at the end of the financial year, an annual report outlining developments within the tourism enterprise, to which the authorisation or licence relates; (d) submit to the Director a report advising plans for any significant changes within the tourism enterprise; (e) allow the inspection of premises, records and statements relati ng to the tourism enterprise; (f) allow interviews or investigations with, or on behalf of, the Director regarding any matter provided for under this Act; (g) adhere to any plans, programmes, projects or other reports subm itted to the Director; and (h' , ! provide a project brief or Environmental Impact Assessment and to adhere to any Environmental Management Plan or monitoring arrangements as may be approved under the Environmental Protection and Cap. 204 Pollution Control Act and as included as terms and condi lions of the authorisation or licence. Returns to be 27. Every holder of a licence to operate a tourism enterprise submitted to shall submit half-yearly returns to the Director in such form as the Director Minister may, by a statutory instrument, prescribe, giving such details as may be specified in the statutory instrument. Suspension 28. (1) The Committee may suspend or revoke a licence or or authorisation where the licensee or authorisation holder- revocation of licence or (a) obtained the licence or authorisation on the basis offraud authorisation or negl igent misrepresentation or any false or misleading statement; (b) assign:" cedes or otherwise transfers an authorisation and licence to another person withoutthe prior approval of the Committee; II I IHI I I I 'I Tourism and Hospitality [No of 23 2007 437 (c) has failed to comply with any term or condition of the licence or authorisation; or (d) operated the tourism enterprise in contravention of this Act or any other written law. (2) The Committee shall, before suspending or revoking a licence or authorisation under subsection (1), notify the licensee of the Committee's intention to suspend or revoke the licence or authorisation and the reason therefor, and call upon the licensee or holder of the authorisation to show cause, within such reasonable period as may be specified in the notice, why the licence or authorisation should not be so suspended or revoked, as the case may be. (3) If. at the expiration of the period specified in the notice given under subsection (2), and after considering any representations made by the licensee, the Committee is satisfied for any reason specified in subsection (1) that the licence or authorisation should be suspended or revoked, the Committee may, by notice in writing to the licensee or holder of the authorisation, suspend or revoke the licence or authorisation.

29 — The Director shall, in consultation with the Tourism Licensing,

29. The Director shall, in consultation with the Tourism Licensing, Committee formulate a licensing, classification and grading system classification and grading for hotels and tourism enterprises. system

30 — (1) An operator of a tourism enterprise shall->- Prepaid

30. (1) An operator of a tourism enterprise shall->- Prepaid package' (a) submit to the Director records and information on, and tours account for, all foreign exchange earned on prepaid package tours; and (fJ)pay all taxes due to the State in respect ofthose packages. (2) The Minister may in consultation with the Minister responsible for finance, make Regulations in respect of prepaid package tours,

31 — (1) An operator ofa tourism enterprise, or a hotel or casino Prohibitions

31. (1) An operator ofa tourism enterprise, or a hotel or casino Prohibitions shall not display the words "Private Property" or "Residents Only" at the entrance Of in proximity to the tourism enterprise as a way of restricting access to the property by members of the public. (2) An operator ofa tourism enterprise ora hotel or casino may display the words "rightof admission reserved": 438 No 23 of 2007] Tourism and Hospitality Provided that the operator ofa tourism enterprise shall not, on the basis of any person's race or sex, restrict the access of such person to such tourism enterprise. (3) A person shall not-- (a) disturb another person in the quiet enjoyment ofthe facilities in a tourism enterprise; (b) wilfully interfere with or destroy any facility within a tourism enterprise which is provided for the enjoyment of the patrons of such tourism enterprise; or (c) in any way be a nuisance within the premises or grounds of a tourism enterprise. (4) Any person who contravenes subsection (1), (2) or (3) commits an offence and shall be liable on conviction toa fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or to both. Safety of 32. (1) An operator of a tourism enterprise shall take tourists measures to ensure the safety and security oflocal and international and workers tourists and other patrons within the tourism enterprise. (2) An operator of a tourism enterprise shall take measures to ensure the safety and welfare of the workers of such tourism enterprise. (3) An operator of a tourism enterprise shall have adaptable emergency evacuation plans on the premises for emergencies caused by, inter alia, fire, floods, attacks by wild animals, thunder storms and every other conceivable emergency that may require emergency action to be taken. PARTY LICENSING AND GRADING OF HOTELS Operating 33. (l) A person shall not operate an hotel except under and in without accordance with an hotel licence issued by the Committee specifying hotel licence the premises in respect of which the licence is granted. prohibited (2) A person shall not manage an hotel unless the person is registered to practise as an hotel manager by the Council in accordance with Part IX of this Act. (3) An hotel licence shall be valid from the day on which it is issued and, unless previously cancelled, shall expire on the 31st December following the date of issue. I I II I 'II!II II • III I I 'I Tourism and Hospitality [N 0 23 of 2007 439

34 — (1) An application for an hotel licence shall be made in the Application

34. (1) An application for an hotel licence shall be made in the Application prescribed form and be lodged with the Director. for hotel licence (2) The application referred to in subsection (l) shall be accompanied by the prescribed fee and such information in support of the application as the Minister may, by statutory instrument, prescribe. (3) Where an application is received under subsection (I), the Committee shall, ifthe Committee is satisfied that the application is made in accordance with the provisions of this Act, as soon as practicable, but not later than twenty-one days, issue an hotel licence.

35 — (I) A hotel licence shall not be granted by the Committee Conditions

35. (I) A hotel licence shall not be granted by the Committee Conditions unless the Committee is satisfied that- under which (a) the premises in respect of which the application is made licences shall be granted are structurally adapted for use as an hotel; (b) proper provision has been made for the sanitation oftne hotel; (c) proper provision has been made for the hotel to be managed in an efficient manner; (d) proper provision has been made for the storage, preparation, cooking and serving offood in the hotel; (e) the premises in respect of which the application is made comply with the Public Health Act and regulations made Cap. 295 under the Act, and a certificate to that effect is produced; Cap. 45 and (j) the applicant meets such additional requirements relating to the welfare of guests as the Committee may determine. (2) A hotel manager's licence shall not be granted by the Council unless the Council is satisfied that the applicant is ofgood character and meets such other conditions as the Council may determine.

36 — Where a holder ofan hotel licence notifies the Committee Transfer of

36. Where a holder ofan hotel licence notifies the Committee Transfer of that the holder intends to transfer that licence to some other person, hotel the Committee may, authorise the transfer if the conditions specified licence in or under subsection (1) ofsection thirty-five have been complied with. 440 No 230(2007 Tourism and Hospitality Revocation of 37. (1) Where it appears to the Director after an inspection licence that after the grant of an hotel licence or an hotel manager's licence-s- (a) an hotel is being conducted in an unclean or insanitary manner: (b) an hotel is not being conducted in an efficient manner; (c) the food served in 811 hotel is not properly prepared, cooked or served; (It;: any condition spec ifjed in or under subsection (1) of section thirty-five is not being complied with; (e) hotel-keeper or the hotel administration is involved in, encourages, or condones, crime being committed in or around the hotel: or hotel keeper ;.s convicted of an "l',,,",~,.,~'?' unde.r the 421 Control of Goods Act or regulations the Committee may, subject to (2) and (3), on the recommendation of the Director revoke tne hotel licence or the hotel manager's licence, or both: Provided that a hotel manager's licence shall not be revoked if the Cornmitee is satisfied that any contravention under this subsection took place without the managers knowledge, consent or connivance. ('2.) Where there is a contravention under subsection (I) the Director may require the hotel-keeper, by notice in writing, to correct the contravention within a period, not being less than thirty days, and if the hotel keeper fails to do so to the satisfaction of the Director within the specified period, the Committee may revoke in writing the hotel licence or the hotel manager's licence, but the revocation of either licence shall not take effect until the expiration of thirty days from the date of the notice to revoke: Provided that where the nature or extent ofrhe contravention is serious, the Committee may order that the revocation of the hotel licence or hotel manager's licence shall take effect immediately. (3) Revocation ofan hotel licence shall result in the immediate closure of the premises. II I III I I I 'I I' Tourism and Hospitality (No 23 of2007 441

38 — (1) The Committee shall, on the recommendation of the Classification

38. (1) The Committee shall, on the recommendation of the Classification Director, classify and grade hotels every two years. and grading of (2) A certificate which is issuedin respectofa hotel specifying Hotels the classification and grading ofsuch hotel shall be displayed in a prominent place withinthe reception ofthe hotel premises. (3) Where it appears to the Director that an hotel is not being managed in a mannerconforming to the class in which the hotel is graded, the Committee may,upon givingnoticeto the hotel-keeper, remove the nameof the hotel from theclass inwhich it is registered and place it in a lowerclass, but the regradingshall not take effect until the expiration of thirty days from the date ofthe notice.

39 — The Committee shall not refusean applicationfor an hotel Refusals,

39. The Committee shall not refusean applicationfor an hotel Refusals, licence or an application to transfer an hotel licence or cancelan cancellations, hotel licence granted under subsection (3) of section thirty-four or grading and re-grade an hotel under section thirty-eight unless the. hotel re-grading manager or hotel-keeper has been furnished, in writing, by the Committee, with the reasons for the refusal, cancellation, grading or regrading and hasbeen give an opportunity of appearingbefore the Committee and of being heard in support of the application,or in opposition to the cancellation or re-grading.

40 — (I) A person aggrieved by- 4PPcal to

40. (I) A person aggrieved by- 4PPcal to Minister (a) a refusal by the Committee to permit the transfer of an hotel licence; (b) the cancellation of a licence by the Committee; or (c) the classification,grading or re-gradingofan hotel bythe Committee; may, within thirty days from the date of receipt of notification of the refusal,cancellation, gradingorre-grading, appealto theMinister. Provided that the Minister may consider an appeal after the expiry of the thirty days specified in this subsection if satisfied thatthe appellant was preventedby sufficientcause from filing the appeal within the specifiedperiod. (2)· In every case in which an appeal under this section has been lodged, the Committeeshall submitto the Minister in writing the grounds for the decision. 442 No 23 of2007] Tourism and Hospitality (3) The Minister may, before reaching a decision in any appeal- (a) refer the matter to the Committee for further inquiry and consideration; or (b) make such further inquiry and investigation into the matter as theMinister considers necessary. (4) In any appeal under subsection (l), the Minister may confirm or set aside the decision ofthe Committee and shall notify the appellant ofthe Minister's decision in the matter. (5) Any person who is aggrieved by the decision ofthe Minister to uphold the Committee's decision as specified under subsection (4) may appeal to the High Court within thirty days of the receipt of the notification ofthe Ministers decision. Entry, 41. Any person authorised in writing by the Director in that inspection behalf may, with an identification card, at any reasonable time, and information enter and inspect the premises ofan hotel and may requ ire thehotel- keeper to furnish such information as is necessary to enable the Director to carry out the Director's functions. Register of 42. (1) Every hotel-keeper shall keep a register in which shall guests be recorded the name of every guest and such other particularsas may be prescribed. (2) Every hotel-keeper shall-- (a) present the register to every person who intends to stay at the hotel and request the person to write that person's name in the register together with such other particulars as may be prescribed; (b) present the register for inspection when so requested by the Director, an inspector, an immigration officer or by a police officer of or above the rank of sub-inspector; and (c) supply to any inspector, immigration officer or police officer of or above the rank of sub-inspector the original ofany entry in the register or duplicate thereof when requested by that inspector, immigration or police officer; Provided that a police officer who intends to inspect a register under paragraph (b) or to obtainthe original or duplicate copy of any entry in the register under paragraph (c) shall produce to the hotel-keeper a search warrant obtained for that purpose prior to inspecting the register. (3) An hotel-keeper who fails to comply with subsection (2) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or imprisonment not exceeding three months, or both. II I IIIII II I I-II I i II i II Tourism and Hospitality [No 23 of 2007 443 (4) An hotel-keeper may refuse to allow into the hotel a guest who refuses or fails to give the particulars prescribed by or under this Act. . (5) A guest who makes a statement in the register of guests knowing that statement to be false commits an offence and is liable, upon conviction, to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding three months, or both.

43 — (1) An hotel-keeper may detain goods brought into the hotel Lienof

43. (1) An hotel-keeper may detain goods brought into the hotel Lienof or left in the hotel by a guest indebted to the hotel-keeper for hotel-keeper board and may continue to detain the goods until the debt is paid but maynot detain the clothing which the person is wearing. (2) An hotel-keeper shall have the right to sen by public auction goods detained under subsection (1) and shall, after the sale recover out of the proceeds of the sale the amount of the debt due to the hotel-keeper for board together with the costs and expenses ofthe sale, and shall make reasonable efforts to pay to the guest whose goods have been sold, the surplus, if any, remaining after the sale. (3) No sale ofthe goods referred to in subsection (1) shall be made until after the goods have been for six weeks in the charge or custody offhe hotel-keeper or in the hotel without the debt having been paid or satisfied. (4) At least one month before any sale is made under this section, the hotel-keeper shall cause to be published in at least one newspaper circulating in the district where the hotel is situated, an advertisement containing notice of such intended sale and giving briefly a description ofthe goods intended to be sold, together with the name of the guest who brought, deposited or left the goods, if known. (5) Where goods are sold under subsection (2) the hotel-keeper shall, before the expiration of the period of seven days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars: (a) a sufficient description of the goods; (b) the method, date and place of the sale; (c) the name and principal place ofbusiness ofthe auctioneer; (d) the amount of the proceeds of the sale; and (e) a statement of each item of the charges of the hotel- keeper in relation to the goods and the transaction to which each item relates; 444 No 23 of 2007] Tourism and Hospitality and shall during the period ofsix years beginning with the date on which the record is prepared, keep the record together with a copy of the notice ofthe hotel-keeper to sell the goods and shall at any reasonable time during the period of six years, ifso requested by or on behalf ofthe guest, produce the record, copy and certificate, or any ofthem, for inspection by the guest or a person nominated in that behalf by the guest. (6) A person who fails to comply with this section, commits an offence and is liable upon conviction, to a fine not exceeding ten thousand penalty units or imprisonment for a term not exceeding three months, or to both. Liabilities of 44. (l) Without prejudice to any other liability incurred by the an hotel-keeper with respect to any property brought into the hotel by hotel-keeper a guest, a hotel-keeper shall, except as otherwise provided in this section, be liable to make good to that guest any loss or damage to the property where- (a) the loss or damage was incurred in the hotel; and (b) the loss or damage occurred during the period the guest has been residing at the hotel or has left the goods in custody of the hotel-keeper. (2) Without prejudice to any other liability or right ofthe hotel- keeper with respect thereto, an hotel-keeper shall not, as such, be liable to make good to any guest any loss of, or damage to, or have a lien on, any motor vehicle or any property left therein. (3) Where the hotel-keeper is liable as such to make good the loss of or any damage to property brought to the hotel, the hotel- keeper's liability to anyone guest shall not exceed fifty-six hundred thousand fee units in respect ofanyone article, or in the aggregate, except where- (a) the property was .stolen, lost or damaged through the default, neglect or wilful act ofthe hotel-keeper or the hotel-keeper's servant or agent; (b) the property was deposited by or on behalf of the guest expressly for safe custody with the hotel-keeper or the hotel-keeper's servantor agent authorised or appearing to be authorised for the purpose and, if so required by the hotel-keeper or that servant or agent, put into a container fastened or sealed by the depositor; or II I I,ll I I I I -I 'I Tourism and Hospitality [No 23 of 2007 445 (c) at any time after the guest had arrived at the hotel, either the property in question was offered for deposit and the hotel-keeper or the hotel-keeper's servant or agent refused to receive it, or the guest or some other person acting on his behalf wished to so offer but through the default ofthe hotel-keeper or the hotel-keeper's servant or agent, was unable to do so: Provided that the hotel-keeper shall not be entitled to the protection ofthis subsection unless, at the time when the property in question was brought to the hotel, a notice to that effect printed in plain type was conspicuously displayed in a place where it could conveniently be read by the guest at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel.

45 — A person who leaves an hotel without either paying their Settlement of

45. A person who leaves an hotel without either paying their Settlement of bill for board or making arrangements with the hotel-keeper, the bill hotel keeper's agent or servant that the bill may be left in abeyance commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three months, or to both.

46 — (1) A hotel shall add to every bill a service charge of ten Service

46. (1) A hotel shall add to every bill a service charge of ten Service per centum ofthe bill, which shall be paid in equal shares to all the chargeand tips employees except employees in management. (2) An hotel-keeper who contravenes the provisions of subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three months, or both. (3) The court convicting a hotel-keeper for contravention of subsection (1), shall in addition to the penalties prescribed in subsection (2), enter civiljudgment in favour ofthe workers affected and order the hotel-keeper to pay the money owing. (4) No person is obliged to give a tip for any service rendered in an hotel and tie hotel-keeper of each hotel shall display a notice to that effect printed in plain type in a conspicuous place in the hotel where it can conveniently be read by a guest in the hotel. 446 No 23 of 2007J Tourism andHospitality PART VI LICENSING OF CASINOS Operating 47. A person shall not operate a casino without a valid licence without casinolicence issued by the Committee under this Part. prohibited Application 48. (J) An application for a casino licence shall be made in the for casino prescribed form and be lodged with the Director. "ucence (2) The application referred to in subsection (l) shall be accompanied by the prescribed fee and such information in support of the application as the Minister may, by statutory instrument, prescribe, (3) When an application is received under subsection (1), the Director shall, as soon as practicable, forward it to the Committee and the Committee shall consider it and within sixty days of receiving the application- (a) issue the applicant with a casino licence on such terms and conditions as the Committee may specify in the licence; or (b) reject the application and, within seven days of taking the decision, notify the applicant, in writing, of the decision to reject the application, and state the reasons for the rejection. (4) Any person aggrieved by the refusal of the Committee to approve the application for a casino licence under subsection (3) may, within thirty days ofthe decision being communicated to that person, appeal, in writing, to the Minister: Provided that the Minister may consider an appeal after the expiry of the thirty days specified in this subsection if satisfied that the appellant was prevented by sufficient cause from filing the appeal within the specified period. (5) The Minister may, before reaching a decision in any appeal- (a) refer the matter to the Committee for further inquiry and consideration; or (b) make such further inquiry and investigation into the matter as the Minister considers necessary. II I III I I I ,I II I III Tourism and Hospitality [No 23 of 2007 447 (6) In any appeal under subsection (4), the Minister may confirm or set aside the decision of the Committee and shall notify the appellant ofthe Minister's decision in the matter. (7) Any person who is aggrieved by the decision ofthe Minister to uphold the Committee's decision as specified under subsection (6) may appeal to the High Court within thirty days ofthe receipt ofthe notification ofthe Minister's decision.

49 — (1) A casino licence shall remain in force every calender Duration of

49. (1) A casino licence shall remain in force every calender Duration of year. licence (2) A casino licence shall authorise-- (a) the playing in or such part ofthe licenced premises as is specified in the casino licence of such games, tables and gaming machines as are specified in it; (b) subject to the provisions of Part V, the carrying on and maintenance of a hotel on the licenced premises; (c) the sale on the licensed premises to any person at any time of the day and night of intoxicating liquor for consumption on the licensed premises; and (d) the carrying on by the licensee in the licensed premises of any trade or business specified in the casino licence. (3) A casino licence shall specify the number oftables authorised under the casino licence for the playing ofany game and the number of gaming machines authorised under the casino licence. (4) No licensee shall operate or allow to be operated, any tables for the playing of any game or gaming machines in excess of the number authorised under the casino licence. (5) Any person who - (aJ keeps or allows to be kept on any premises a gaming machine for the purpose of gaming without a casino licence; or (b) contravenes any ofthe provisions ofthis section; commits an offence and shall be liable to a fine not exceeding one hundred thousand penalty units or tc imprisonment for a period not exceeding two years, or to both. 448 No 23 of 2007] Tourism and Hospitality (6) When a person is convicted of an offence under subsection (5), the court which convicts that person shall, in addition to any penalty imposed under subsection (5), order the forfeiture to the Government of the tables or gaming machines which were the subject matter of the offence. Conditions 50. (l) The Committee shall not grant a casino licence under under sectionfarty-eight to any person unless - which a licence shall (a) the premises in respect of which the application for a be granted casino licence is made are structurally adapted for use as a casino; (b) proper provision has been made for the sanitation ofthe (c) proper provision has been made for surveillance cameras to be fitted for the monitoring of the game and other activities in the gaming premises; and (d) proper provision has been made for competent management of the premises. (2) The Committee may prescribe other conditions to a casino licence _.- (a) relating to the method of operation of any game; (b) relating to the operation of any hotel carried on and maintained on the licensed premises; (c) for the purposes of ensuring that the operation of the licensed premises does not detract from the natural beauty and amenities of any place near the licensed premises; (d) for the purposes of ensuring that the operation of the licensed premises accords with decency, dignity, good taste and honesty; (e) requiring the keeping of such books, forms, accounts and records relating to casino operations in such form as the Director may prescribe; and (f) relating to any other matters which the Director may consider necessary or incidental to a casino licence. Revocation of 51. (1) The Committee may on the recommendation of the casino Director, revoke a casino licence where- licence I II II I II! II II I III I Tourism and Hospitality [No 23 012007 449 (a) the licensee or any employee of the licensee has been convicted of an offence underthis Act; (b) the licensee has contravened or failed to comply with any ofthe conditions ofthe casino licence; (c) the licensee has failed to carry on and to maintain the premises in accordance with the conditions ofthe casino licence; or (d) the licensee has failed to pay the licence fees payable for the licence and for the games in operation. (2) The Committee shall not revoke a casino licence under paragraph (a) of subsection (1) unless- (a) the licensee has been informed in writing ofthe grounds upon which it is proposed to revoke the casino licence and shall give the licensee an opportunity of making representations, in writing, in relation to the proposed revocation; (b) the Committee is satisfied that the offence is of such a serious nature or was committed in circumstances of such seriousness as in the Committee's opinion warrants such revocation; or (c) that the licensee or any employee ofthe licensee has on a previous occasion been convicted of an offence under this Act.

52 — (l) A casino licence shall be transferable only with the Transfer and

52. (l) A casino licence shall be transferable only with the Transfer and consent of the Committee, on recommendation of the Director. verification ofa (2) The Committee may, on the application of the licensee, at casino any time, during the currency ofa casino licence,vary any condition ofthe casino licence: Provided that where the conditions to be varied relate to the fees for the games listed in the licence, the Committee shall before havingsuch conditions varied,direct an inspection of the games to be carried out.

53 — (1) Any person who on any licensed premises- Gaming by

53. (1) Any person who on any licensed premises- Gaming by minors (a) plays any game with or permits the playing of any game prohibited by any young person; 450 No 23 of 2007] Tourism and Hospitality (b) allows any young person to enter any part ofthe licensed premises where any game is played, whether for the purpose of gaming or otherwise; (c) employs in the organisation or for the management of any game any young person; commits an offence and shall be liable on, conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a tern! not exceeding two years, or to both. (2) In this section "young person" means any person under the age of eighteen years. (3) It shall not be a defence for any licensee or employee of the licensee charged with an offence under subsection (l) that the licensee did not know of the presence of any young person or that such young person was present without the licensee's consent, unless the licensee shows, to the satisfaction of the court that the licensee took all reasonable steps to ensure that no young person was admitted to such licensed premises. Submission 0 f 54. (1) The Director may at any time, and shall at least once in statement of every twelve months, require a licensee to submit to the account Director - (a) a properly audited statement ofaccounts stating the &'TOSS winnings ofthe casino on each day, or during such other period as the Director may require; (b) a declaration that the fees payable in respect of the gross winnings of any particular period calculated in accordance with this Act have been paid; and (c) such returns or other information relating to the operations of a casino as the Director may require. (2) Any person who refuses or fails to submit a statement of accounts as and when required by the Director or who knowingly submits a false or misleading statement commits an offence and liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding one year, or to both. Assessment 55. (1) Notwithstanding any other provisions of this Act, ifthe by Director has reason to believe that any amount of fees has been Director incorrectly computed by a licensee or when any licensee fails in any month to submit to the Director a statement in accordance with section fifty-four, the Director may assess the amount of fees, if any, payable by the licensee as may, in the circumstances, appear proper to the Director under the provisions this Act. I II I I II I 11111 II I Iii I 1 'I Tourism and Hospitality [No 23 of 2007451 (2) Where any fees are assessed by the Director in accordance with this section, the Director shall give notice in writing to the licensee stating the amount so assessed and such amount of fees shall be due and payable by the licensee within such period following the date of such notice as the Director may, in the notice, direct: Provided that a licensee may, in the first instance, appeal within thirty days of the date of such notice to the Minister and, ifaggrieved by the Minister's decision, to the High Court within thirty days of receipt of the Minister's decision.

56 — (1) The holder of a casino license shall not require any Non

56. (1) The holder of a casino license shall not require any Non- licence under the Liquor Licensing Act for the purpose of the sale application of certain of intoxicating liquor and nothing in the said Act relating to the provisions hours ofsale ofintoxicating liquor shall apply to sales ofintoxicating Cap. 167 liquor under a casino licence. (2) Subject to the provisions ofsubsection (1), a casino licence shall, for the purpose of Parts vrr and IX of the Liquor Licensing Cap. 167 Act, be deemed to be a licence under that Act and licensed premises under this Act shall be deemed to be licensed premises under the Liquor Licensing Act. Cap. 167 (3) The holder ofa casino licence shall not be required to hold a licence under the Trades Licensing Act in respect of any trades Cap. 393 specified in the casino licence and the provisions of that Act shall not apply. (4) For the purpose ofsubsection (3) ofsection one of the Trades Licensing Act, a casino licence shall not be deemed to relate to any Cap. 393 goods.

57 — Without prejudice to any other remedy, any tax, penalty or Tax to be

57. Without prejudice to any other remedy, any tax, penalty or Tax to be other sum payable under this Act shall be a debt due to the recovered as Government and may be recovered as a civil debt by a suit in the civil debt name of the Attorney-General.

58 — (1) There shall be paid in respect of every casino licence Fees

58. (1) There shall be paid in respect of every casino licence Fees issued under this Act such annual fee as the Minister may, by statutory instrument, prescribe. 452 No 23 of2007] Tourism andHospitality PART VII rnCENTlVEs Incentives 59. The holder of an authorisation or licence shall be eligible Aet No. 11 for such incentives as may be applicable to the authorisation or of2006 licence holder under the Zambia Development Agency Act, 2006 Cap. 323 or the Income Tax Act, as the case may be. Micro, small 60. (1) A tourism enterprise, that is a micro, small or medium IUld enterprise shall be entitled to privileges and benefits under the medium Zambia Development Agency Act, 2006. enterprise development (2) The Minister may, by statutory instrument, declare a ActNo. 11 of tourism enterprise to be a micro, small or medium tourism enterprise 2006 for purposes of promoting or broadening its participation in the tourism industry, and shall, in so doing, consider the income generated or to be generated by the tourism enterprise. Withdrawal 61. (1) The Minister may withdraw any benefit granted to a of tourism enterprise under this Act if the operator of such tourism benefits enterprise fails to comply with the provisions of this Act or the conditions ofthe licence issued to such tourism enterprise. (2) A person aggrieved by the decision of the Minister to withdraw any benefit under this Act may appeal to the High Court against the decision within thirty days of receipt ofthe notification of the withdrawal. (3) In this section "benefit" means any advantage or targeted intervention given by the Minister to a micro, small or medium sized tourism enterprise in order to promote the development of such tourism enterprise and ensure its participation in the tourism industry but does not include any incentive that may accrue to Act No. 11 of such tourism enterprise under the Zambia Development Agency 2006 Act, 2006. PART VIII THE TOURISM DEVELOPMENT FUND Establishment 62. (l) There is hereby established the Tourism Development of Fund for purposes of product development, marketing, training, Fund research and support to participating councils for tourism-related infrastructure. I II I ,111 11 II I III I I I i 'I Tourism and Hospitality [No 23 of 2007 453 (2) The Fund shall consist of - (a) such moneys as may be appropriated by Parliament for the purposes ofthe Fund; (b) moneys collected from such tourism levies as the Minister responsible for finance may, in consultation with the Minister, prescribe; (c) such moneys as may be received by the Fund from donations and grants from any source; (d) such other moneys as may vest in or accrue to the Fund; and (e) such other moneys as may,by or under any law,be payable to the Fund.

63 — (1) The Fund shall be vested in the Minister responsible Administration

63. (1) The Fund shall be vested in the Minister responsible Administration for finance and shall be managed and administered by the Minister of Fund responsible for tourism. (2) The Minister shall, in consultation with the Minister responsible for finance, by statutoryinstrument, constitutea Tourism Development Fund Committee to administer the Fund. (3) The Committee constituted pursuant to subsection (2) shalI- (a) be responsible to the Minister; and (b) have such functions and comprise such number of members not exceeding seven as the Minister shall prescri be in the statutory instrument.

64 — The Ministers referred to in section sixty-three shall apply Application

64. The Ministers referred to in section sixty-three shall apply Application the moneys of the Fund for the purpose of tourism product of development,tourism research,tourismmarketing,training intourism moneys of Fund research and support to participating councils for tourism-related infrastructure.

65 — The Ministers referred in section sixty-three shall cause Statement of

65. The Ministers referred in section sixty-three shall cause Statement of an annual statement of income and expenditure to be prepared and income and laid before the National Assembly. expenditure 454 No 23 of 2007] Tourism and Hospitality PART IX THE HOTEL:tv1ANAGERS REGISTRATION COUNCIL Hotel 66. (1) There is hereby constituted an Hotel Managers Managers Registration Council which shall consist ofthe following part-time Registration members appointed by the Minister: Council (a) the Director ofthe Hotel and Tourism Training Institute; (b) three members of the Hotels Catering International Management Association; te) a representative of the Tourism Council of Zambia; (d) a representative of the Hotel Catering Association of Zambia; (e) 3 representative of the Zambia Institute of Certified Accountants; (j) a representative of the Attorney-General; and (g) a representative of the Ministry respons.ole for tourism. (2) The Minister shall, on receiving the names of the proposed representatives from the institutions or organisations referred to in subsection (1), consider the representatives and may, where the Minister thinks fit in the 'Ministers discretion, reject any such representative or appoint the representative as a member of the Council: Provided that where the Minister rejects any proposed representative, the Minister shall direct the institution concerned to avail the Minister with the name of another representative. (3) The Minister shall appoint the Chairperson and the Vice-Chairperson of the Council. (4) Subject to subsection (5), a member of the Council shall hold office for a period of three years from the date of appointment and shall be eligible for reappointment for a further term of three years. (5) The office of a member of the Council shall become vacant - II I 1111, II I III I Tourism and Hospitality [N0 23 of 2007 455 (a) ifthat member is absent without reasonable excuse from three consecutive meetings ofthe Council of which the member had notice; (b) upon the member's death; (e) if the member is adjudged bankrupt; (d) on a member ceasing to hold the office by virtue of which the member was appointed; (e) ifthe member becomes mentally or physically incapable of performing the duties ofa member ofthe Council; or (j)ifthe member is convicted ofan offence under any written law and sentenced therefor to imprisonment for a term exceeding six months. (6) Where a vacancy occurs in terms of subsection (5), the Minister mayappoint a new member in accordance with subsection (l), to hold office for the unexpired part of that member's term. (7) A member of the Council shall be paid such allowances as the Minister may determine. (8) Subject to the other provisions ofthis Act, the Council may regulate its own procedure. (9) The Council shall meet for the transaction of business as often as is necessary or expedient for the conduct ofits business at such places and times as the Chairperson may determine expedient for the conduct of its business. (l0) The quorum at any meeting of the Council shall be five members of the Council. (11) There shall preside at any meeting of the Council-s- (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice- Chairperson, such member as the members present may elect from their number for the purpose ofthat meeting. (12) The determination of any matter before the Council Shall be according to the votes of the majority of the members present and considering the matter. 456 No 23 of 2007) Tourism and Hospitality (13) The Council may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting ofthe Council but such person shall have no vote. (14) The Council shall cause minutes to be kept of the proceedings of every meeting ofthe Council. (15) The Minister shall appoint a Secretary to the Council from among suitably qualified persons employed in the Department of Tourism of the Ministry responsible for tourism to perform such secretarial and administrative functions in connection with the Council. Functions of 67. The functions ofthe Council shall be to-- Council (a) consider applications for registration for hotel managers; (b) prepare programmes oftraining including the acquiring of acceptable practical experience by trainees and graduates of hotel management for registration as hotel managers; (c) liaise with approved institutions ofhotel management on practical training for hotel managers and monitoring and working out modalities of the diary ;and (d) conduct interviews for professional competence at such times and places as the Council shall determine. Registration 68. (l) A person shall apply, in the prescribed form, to the of Hotel Secretary ofthe Council for registration. Managers (2) The Council shall register a person whoqualifies for registration as an hotel manager in terms of section sixty-nine. (3) The Secretary shall keep a register of persons registered by the Council. (4) The register referred to in subsection (3) shall show such particulars as the Council may consider necessary and the Secretary shall register all changes relating to the manager that may occur after registration. I II I u u II I III I I 'I Tourism and Hospitality [No 23 of 2007 457

69 — (1) A person shall not be registered as a hotel manager Qualification

69. (1) A person shall not be registered as a hotel manager Qualification unless the person - for registration (a) is resident in Zambia; as hotel manager (b) has attained the age of twenty-one years; (c) holds a degree, diploma or such other qualification in hotel management as the Minister may, by statutory instrument, on the recommendation ofCouncil, prescribe or equivalent qualifications recognised by the Council; (d) has acquired at least two years of post graduate practical experience from full time employment under tue supervision of a registered hotel manager; and (e) has paid the registration fee prescribed by the Council. (2) A person shall not qualify to be registered as an hotel manager if the person - (a) has been convicted ofan offence involving dishonesty or any offence under this Act or any other written law and sentenced therefor to imprisonment for a term exceeding six months, without the option ofa tine; (b) has been adjudged or declared of unsound mind under any written law; (c) is an undischarged bankrupt; (d) due to mental or physical incapacity, is unable to perform the duties of a hotel manager.

70 — (l) The Council shall issue a practising certificate to every Practising

70. (l) The Council shall issue a practising certificate to every Practising hotel manager registered under section sixty-eight. certificate (2) Every practising certificate issued under subsection (1) shall take effect on the date it is issued and shall continue in force until the 31st ofDecember next following the date of issue. (3) A practising certificate shall be renewed annually upon payment of such fee as may be prescribed. 458 No 23 of 2007] Tourism and Hospitality Cancellation 71. (l) The Council may cancel a practising certificate issued of under section seventy if- practising certificate (a) it is proved to the satisfaction of the Council that the registration was obtained through fraud, misrepresentation or concealment of any material fact; or (b) the person ceases to be qualified for registration in terms of subsection (2) of section seventy-one. (2) The Council shall, before cancelling the practising certificate under subsection (1), give a registered hotel manager thirty days notice in writing of the intention to cancel the practising certificate and give the registered hotel manager an opportunity to show cause why the practising certificate should not be cancelled, within such reasonable period as may be specified in the notice. (3) I f - (a) at the expiration of the period specified in the notice given under subsection (2), and after cons idering any representations made by the hotel manager, the Council is satisfied for any reason specified in subsection (1) that the practising certificate should be cancelled; or (b) the registered hotel manager fails to show cause why the practising certificate should not be cancelled within the period specified in the notice given under subsection (2); the Council shall, within seven days of taking the decision, in writing, notify the hotel manager of the cancellation of the practising certificate and state the reasons for such cancellation. (4) The Council shall, after cancelling the practising certificate issued under subsection (l), publish a notice of cancellation in a newspaper ofgeneral circulation. (5) A registered hotel manager whose practising certificate is cancelled shall immediately cease to practise as a hotel manager. Tourism and Hospitality IN0 23 of 2007 459 (6) Any person who contravenes the provisions of subsection (5), commits an offence and shall be liable, on conviction to a fine not exceedingone hundred thousandpenalty units orto imprisonment for a term not exceeding two years, or to both. (7) A person aggrieved by a decision of the Council under subsection (3) may within thirty days of receiving the notification ofthe cancellation appeal to the Minister. (8) In any appeal under subsection (7), the Minister may confirm, vary or set aside the decision of the Council and shall notify the appellant ofthe Minister's decision in the matter. (9) Any person who is aggrieved by the decisionof the Minister to uphold the Council's decision as specified under subsection (3) may appeal to the High Court within thirty days of the receipt of the notification ofthe Minister's decision.

72 — (1) A person not registered by the Council shall llot- Offences

72. (1) A person not registered by the Council shall llot- Offences relating to (a) practice or offer their services as, or hold themselves out practising certificate to be, a qualified hotel manager; (b) adopt, use or exhibit the title "hotel manager" or any other term of similar description; or (c) do any thing likely to lead persons to infer that the person is a registered hotel manager. (2) A person shall not employ as a hotel manager a person who is not registered by the Council. (3) Any person who contravenes the provisions of subsection (1) or (2), commits an offence and shall be liable, on conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (4) Where an offence under subsection (1) or (2) is committed by a body corporate, every director and manager of the body corporate shall be deemed to have committed the offence, unless the director or manager proves to the satisfaction of the court that the offence was committed without the knowledge, consent or connivance of the director or manager or that the director or manager took sufficient steps to prevent the commission of the offence. 460 No 23 of 20071 Tourism and Hospitality Offences 73. A person who- related to registration (a) makes or causes to be made an unauthorised entry, alteration or erasure in a register, practising certificate, or any copy thereof; (b) procures or attempts to procure for oneself or any other person a practising certificate by means of fraud, misrepresentation or concealment of any material fact; commits an offence and shall be liable, on conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. PART X INSPECTIONS Appointment 74. (1) In order to ensure compliance with the provisions of of this Act, or any condition imposed under this Act, the Minister shall inspectors appoint such number of competent persons to exercise the powers of and perform the functions of an inspector under this Act. (2) Every inspector shall be provided with a certificate of appointment which shall be primafacieevuieoce ofthe inspector's appointment as such. (3) An inspector shall, on demand by any person affected by the exercise ofthe inspector's powers under this Act, produce for inspection a certificate referred in subsection (2).Powers of inspectors Powers of 75. (1) In the performance of duties an inspector shall have Inspectors power- (a) at any time to enter and inspect the licenced premises; (b) to inspect all equipment and supplies in or about the licenced premises; (c) to have access to and inspect, examine and audit all papers, books and records ofthe licensee representing the gross revenue produced by an hotel and or by the games played under the casino licence; (d) to seize and remove from the licensed premises any equipment or supplies for the purpose of examination and inspection; I· ill I II I III I , I II Tourism and Hospitality [No 23 of 2007461 (e) to be present at and supervise the counting at the close of business of the casino on any day of the money received by the casino in gaming during that day; and (j) to be present at and supervise the calculation ofthe gross winnings made, at the casino on any day.

76 — (l) A person shall not- Obstruction

76. (l) A person shall not- Obstruction and (a) delay or obstruct an inspector in the exercise or impersonation performance of the inspector's powers or functions; of inspectors (b) refuse to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector's powers under this Act; (c) provide an inspector with false or misleading information in answer to any inquiry made by the inspector; or (d) insult, interrupt or assault an inspector. (2) A person shall not- (a) impersonate an inspector; (b) hold out to have the powers of an inspector; or (c) procure an inspector to do or refrain from doing anythitlg in connection with duties ofan inspector. (3) Any person who contravenes subsection (l) or (2) commits an offence and shall be liable, upon conviction, to a fine of not less than one hundred thousand penalty units, or to imprisonment for a term not less than two years, or to both.

77 — (l ) Each inspector shall furnish the Director with such Inspector to

77. (l ) Each inspector shall furnish the Director with such Inspector to records, reports and other information relating to matters referred provide reports to the inspector, as the Director may direct. (2) The Director shall forward a copy ofthe report and other information referred to in subsection (l) to the owner ofthe tourism enterprise. (3) Where an inspection establishes that a tourism enterprise does not comply with the requirements ofthis Act, the operator of the tourism enterprise shall take measures to comply with the requirements of the Act within such period as the Director may specify. 462 No 23 of 2007] Tourism and Hospitality Prohibition 78. (1) A person shall not, without the consent, in writing, of given by the Director publish or disclose to any other person, than publication or disclosure in the course ofthat person's duties, the contents ofany document, of communication or information, which relates to, and which has come information to un- to that person's knowledge in the course of that person's duties authorised under the Act. persons (2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units, or to imprisonment for a term not exceeding six months, or to both (3) If a person having information which to that person's knowledge has been published or disclosed in contravention ofthe provisions of subsection (I) unlawfully publishes or communicates that information to any other person, that person commits an offence and shall be liable, upon conviction to a fine not exceeding ten thousand penalty units, or to imprisonment for a term not exceeding six months, or to both. PART XI SAVINGS AND TRANSITIONAL PROVISIONS Licensing of 79. (1) Every person who, at the commencement of this Act, existing is carrying on any tourism enterprise other than a casino shall, within tourist six months after such commencement, apply to the Committee for enterprises, hotels, etc a licence. (2) At the commencement of this Act, an hotel licence or an hotel manager's licence which is issued under the repealed Act shall continue to be valid until its expiry on the 31st December following the date of its issue. (3) At the commencement of this Act a casino licence which is issued under the repealed Act shall, until its expiry, continue to be valid as if it was issued under this Act. Offences and 80. Any person who- penalties (a) wilfully publishes or causes or allows to be published in any manner false or misleading information relating to any hotel, restaurant, tour operator, tour guide, courier, other accommodation establishment, or tourism enterprise or amenity; II I 'Ill II ~ I I I I i II Tourism and Hospitality [N0 23 of 2007 463 (c) being the person responsible therefor fails or refuses to pay any fee or to collect and remit any such fee in terms of this Act; or (d) hinders or obstructs the Director or any tourism officer or inspector in the performance oftheir functions under this Act or gives false or misleading information to the Director or any tourism officer or inspector; commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

81 — (l) The Minister may, by statutory instrument, make Regulations

81. (l) The Minister may, by statutory instrument, make Regulations regulations for the better carrying out ofthe provisions ofthis Act. (2) Without prejudice to the generality of subsection (1), the regulations may provide for- (a) the forms of licences issued under this Act and the manner of applying for authorisations and licences under this Act; (b) the fees payable in respect of authorisations or licences issued under this Act; (c) the terms and conditions under which a tourism enterprise may be operated; (d) the condition in which premises ofa tourism enterprise, hotel or casino shall be kept; (e) the terms and conditions under which a person may invest in, establish, maintain or operate any tourism enterprise; (J)the classification or grading of tourism enterprises and hotels; (g) tourism planning; (h) the tourism enterprises, other than hotels, which may require the payment of a service charge; and (I) anything which may be or is required to be prescribed under this Act.

82 — The Tourism Act, 1979, the Hotels Act ,1987, and the Casino Repeal of

82. The Tourism Act, 1979, the Hotels Act ,1987, and the Casino Repeal of Cap. 155, Act, 1992 are hereby repealed. Cap. 153 and Cap. 157

Tourism and Hospitality Act 2007 (No. 23 of 2007)

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