CASINO AND GAMING REGULATORY AUTHORITY LAW OF LAGOS STATE
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CASINO AND GAMING REGULATORY AUTHORITY LAW
ARRANGEMENT OF SECTIONS
1. Establishment of the Authority
2. Functions of the Authority
3. Staff of the Authority
4. Funds of the Authority
5. Composition of the Governing Board
6. Removal of members of the Board
7. Secretary
8. Meetings of the Board
9. Remuneration of the members of the Board
10. The Chief Executive Officer
11. Conditions for issuance of licence
12. Issuance of licence
13. Licences existing under previous laws
14. Requirement of licence
15. Grant of a casino licence
16. Amendment of licence
17. Transfer of licence
18. General qualifications of licence
19. Establishment of a Disciplinary Committee
20. Financial and controlling interests
21. Activities authorised by casino and gaming licence
23. Display of prescribed information and rules of games
24. Trade or business name
25. Obligation to pay prescribed fees and taxes
26. Registration
27. Suspension or revocation of licence and other penalties
28. General provisions on gambling
29. Appointment of inspectors
30. Power of inspectors
31. Duty to produce licence or Certificate of Registration
32. Power to make regulations
33. Offences relating to licensable activities
34. Penalties
35. Interpretation
36. Repeal of previous laws
37. Citation and commencement
CASINO AND GAMING REGULATORY AUTHORITY LAW
A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE CASINO AND GAMING REGULATORY AUTHORITY AND FOR OTHER CONNECTED PURPOSES
[Commencement] [18th May 2007]
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Establishment of the Authority
(1) There is established the Casino and Gaming Machines Regulatory of the Authority (referred to in Law as “the Authority”).
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(2) The Authority shall –
(a) be a body corporate with perpetual succession and a common seal;
(b) sue or be sued in its own name; and (c) be capable of holding, acquiring and disposing of any property movable and immovable for the purpose of carrying out its functions under this Law.
2. Functions of the Authority
The Authority shall among other functions-
(a) oversee and control casino and gaming machine activities in the State;
(b) advise and make recommendations to the Governor on issuance of licence to persons who shall conduct, regulate and control gambling activities in the State;
(c) grant gaming machine licence;
(d) fix gaming and casino fees;
(e) regulate, license and register premises for the operations of gaming machines;
(f) grant rights for a specified period, to any person to whom a licence is issued in order to prevent duplicity of licence to another person within the same area during the specified period;
(g) control all aspects of gaming and casino operations;
(h) oversee the extent, character and location of games facilities in the State; and
(i) do all such things as may be expedient and incidental for the proper discharge of the functions of the Authority.
3. Staff of the Authority
The Authority shall in the performance of its functions be assisted by –
(a) a Chief Executive Officer, whose appointment shall be subject to the approval of the Governor; and
(b) such other staff as may be required, to be appointed by the Authority.
4. Funds of the Authority
(1) The funds of the Authority shall consist of all payments granted to the Authority, including licensing fees, registration fees, taxes, and all other financial obligations accruable to the Authority.
(2) The Authority shall defray all expenses incurred by it, including administrative cost and payment of salaries and other allowances due, to staff of the Authority from the funds.
(3) The Authority shall invest its funds as it shall deem necessary from time to time
5. Composition of the Governing Board
(1) The Governing Body of the Authority shall be a Board of Directors (referred to in this Law as “the Board”).
(2) The Board shall be a part-time Board and shall-
(a) be composed of four to six members of whom one shall be the Chairperson and another shall be the Deputy Chairperson; and
(b) consist of-
(i) a Legal Practitioner with not less than 10 years post call experience;
(ii) a Chartered Accountant or Auditor with not less than 10 years post registration experience;
(iii) a Chartered Town Planner or Chartered Surveyor with not less than 10 years post registration experience; and
(iv) three members of the public with experience in matters relating to the functions of the Board.
(3) The Chairperson and other members of the Board shall be appointed by the Governor and shall hold office for a period not exceeding two (2) years and shall be eligible for re-appointment for a further term of two (2) years as may be determined by the Governor.
6. Removal of Members of the Board
Any person who is appointed as a chairperson or a member of the Board shall-
(a) be a Nigerian, and resident in the State;
(b) not be a serving public or civil servant, a member of the House of Assembly, a political office holder, a member or an employee of any movement, organisation or body of a political party in nature;
(c) not or any member of his business partner or associate have vested interest in any gambling activity;
(d) not become insolvent;
(e) not incapacitated by physical or mental illness;
(f) not have been removed from an office of trust on account of misconduct;
(g) not at any time been convicted, whether in the Federal Republic of Nigeria or elsewhere; or
(h) not be unfit to discharge his functions as a member.
7. Secretary
There shall be a Secretary to the Board who shall be responsible for calls of meetings.
8. Meetings of the Board
(1) The Chairperson may at any time on reasonable notice convene a meeting of the Board to be held at a time and place to be determined by him.
(2) The quorum for a meeting of the Board shall be a two-third Majority of its members.
(3) If both the Chairperson and Deputy Chairperson are absent from any meeting of the Board shall constitute a decision of the Authority and, in the event of an equality of votes in relation to –
(a) amendment, transfer, suspension, imposition of penalties, revocation of a licence or registration, or the transfer of a licenced business to new premises; and
(b) any other matter;
(i) the person presiding at the meeting in subsection (1) of this section, shall have a casting vote in addition to his deliberative vote above; and
(iii) the applicant shall be informed and given the opportunity to amend any grounds of refusal and to reapply.
(5) The Chief Executive Officer, as described in section 10 of this Law, may attend and participate in any meeting of the Board but shall not have the right to vote.
(6) The Board shall cause minutes of its meetings to be kept, and such minutes shall be open to public inspection in such manner as shall be prescribed by the Board.
9. Remuneration of the Members of the Board
The Chairperson and other members of the Board, shall be paid such remuneration and allowances as shall be determined by the Governor, from time to time.
10. The Chief Executive Officer
The Chief Executive Officer shall –
(a) be employed by the Authority and shall be accountable to the Authority;
(b) be responsible for the efficient Management of the Authority and shall perform any duty assigned or delegated to him by the Authority; and
(c) hold office for a term not exceeding two (2) years, and may be re-appointed upon expiration of that term of office.
11. Conditions for issuance of Licence
(1) A license may be issued on conditions relating to-
(a) the hours during which the business concerned shall be conducted;
(b) the place or places-
(i) where the business shall or shall not be situated; and
(ii) where gambling shall be permitted on such premises;
(c) the payment of a one per cent (1%) Corporate Social Responsible tax net after taxation;
(d) the appropriate bank guarantees;
(e) any other matter which shall be considered necessary or regulate in the interest of the orderly performance of the business concerned; or
(f) any matter contemplated in this Law.
(2) A licence shall remain valid and subsisting until such licence is amended, transferred, suspended or revoked in accordance with sections 16, 17 and 20 of this Law.
12. Issuance of Licence
(1) The Authority shall be responsible for the issuance of licences under this Law
(2) Where an application has been granted under this Law, the Chief Executive Officer, shall cause a temporary licence to be issued within one month in the form prescribed or determined by the Authority, setting out the conditions subject to which the application was granted.
(3) Such temporary licence shall not be issued without the necessary approvals being granted by any other appropriate authority.
(4) The temporary licence shall be valid for a maximum period of two (2) years alternatively, when such conditions have been discharged by the licensee.
(5) Upon the fulfilment of the temporary licence conditions, the applicant shall be issued with a permanent licence, provided the Authority is satisfied that there has been substantial compliance by the applicant of the temporary licence conditions.
13. Licences existing under previous Laws
Where a licensee holds a licence granted under a previous Law, that licence shall remain valid till the date of its expiration, following which any renewal of the licence shall be subject to and in accordance with the provisions of this Law.
14. Requirement of Licence
(1) A person shall not conduct a casino operation without a casino licence.
(2) A person shall not conduct a gaming operation without a gaming licence.
(3) Nothing in the Criminal Law, or in any other Law of the State, relating to gaming, wagering or betting, shall apply to any casino or to any company to which a licence has been issued under this Law.
15. Grant of a Casino Licence
(1) An application for a casino licence shall be granted by the Authority, on being satisfied that the applicant has-
(a) sufficient experience and knowledge of the operation and management of a casino; and
(b) access to capital resources which are adequate for the operation of the casino.
(2) An application shall be disqualified where the applicant has not obtained the necessary approvals from the appropriate authority.
16. Amendment of Licence
(1) The holder of a licence may, at any time, apply for the amendment of the licence.
(2) Where the application has been granted, an amendment shall be effected accordingly on the licence.
17. Transfer of Licence
(1) A person desiring to obtain transfer of a licence issued under this Law, shall with the consent of the holder of the licence, apply for an application at any time for the transfer.
(2) The provisions of section 14 of this Law, shall apply, with the necessary changes, in relation to the prospective transferee of the licence concerned.
(3) If such an application has been granted, the Authority shall cause the name of the holder of the licence to be changed on the licence and in the records of the Authority.
(4) The Authority shall, subject to such conditions as it shall determine, authorise an applicant contemplated in subsection (1) to this section, to conduct the business of the holder of the licence pending the outcome of the applicant’s application for the transfer of the licence.
18. General disqualifications of Licence
(1) Application for a licence shall not be granted if the applicant, or any person who has a controlling or financial interest of five per cent or more in the business –
(a) becomes insolvent;
(b) is incapacitated by physical or mental illness;
(c) has, at any time, been convicted, whether in Nigeria or elsewhere, of misconduct under this Law or the Corrupt Practices and Related Offences Act 2000;
(d) has at any time been removed from an office of trust on account of misconduct;
(e) is not a fit and proper person to be involved in the business concerned:
(f) is a public or civil servant;
(g) is a member of the State House of Assembly or a Local Authority,Council or any Commission;
(h) is a political office holder or employee of any movement, organisation or body of a political party in nature; or
(i) in the case of an application in relation to a casino licence, subject to any disqualification contemplated in section 20(2) of this Law.
(2) Application for a casino licence shall not be granted where-
(a) the applicant or any person who has a controlling interest, is a family member of a person contemplated in paragraphs (e), (f), (g) or (h) of subsection (1) of this section; or
(b) the applicant or any person with an interest contemplated in paragraph (a) or the manager of the business concerned or any person contemplated in paragraphs (e), (g), (h) or (i) of subsection (1) of this section.
(3) In order to determine, the purposes of subsection (1) (e) of this section, whether a particular person is not a fit and proper person to be involved in the business concerned, the Authority shall have regard, to –
(a) the character and general probity of the person
(b) whether the person has at any time been convicted, in Nigeria or elsewhere, or any related offence; and
(c) whether the person has taken part or has been associated with any practice which is deceitful, prejudicial or discreditable.
(4) Licence shall not be granted to-
(a) the State or a Local Government; or
(b) any person in whom the State or Local Government has a controlling or financial interest or any other interest.
(5) The Authority shall, subject to the provisions of any other law-
(a) determine the maximum number of casinos and additional gaming machine premises which shall be licensed in accordance with the provisions of this Law;
(b) Publish such determination in a notice of the State Gazette; and
(c) ensure that this subsection does not derogate from the provisions of section 14 of this Law.
(6) The Authority shall, subject to the provisions of any Law, in considering whether to grant an application, take into consideration whether the granting of the licence will result in an unduly large number of persons carrying on the licensed activity concerned in the State or any area, having regard to the number of inhabitants of the State, their financial means and the number of licences already granted.
19. Establishment of a Disciplinary Committee
(1) The Authority shall establish a Disciplinary Committee (referred to in this Law as “the Committee”) which shall notify any person suspected of contravening any term or condition stated in the licence or the provisions of this Law.
(2) The Committee shall-
(i) comprise of five (5) members who shall be charged with the responsibility of investigating any matter referred to it by the Authority, subject to the provisions of subsection (1) of this section; and
(ii) hold a hearing in respect of every investigation referred to in subsection (i) above, and every hearing shall be accessible to the public’
(3) At the hearing, the licence holder concerned shall be given an opportunity heard in person or represented by a legal practitioner, of his own choice.
(4) The Committee shall keep a record of the proceedings at the hearing and shall-
(a) notify the licence holder concerned of its intended recommendation to the Authority and shall afford such holder an opportunity to be represented;
(b) alter such recommendations in the light of such representations; and
(c) shall submit its recommendations to the Authority’
(5) The Authority shall remit the matter to the Disciplinary Committee for further investigations subsequent to subsection (4) of this section.
20. Suspension and Revocation of Licence and other Penalties
(1) A Disciplinary Committee shall notify any person suspected of contravening any term or condition of the licence or the provisions of this Law and shall investigate accordingly.
(2) Notwithstanding the provisions of this section, the Authority shall, at any time before or during an investigation, suspend the licence concerned until completion of the investigation if-
(a) the holder of the licence has failed to comply with or has contravened any term or condition of the licence or provision of this Law; and
(b) there is reason to believe that the non-compliance or contravention in question is of such nature that the public interest requires the licence to be suspended without delay.
(3) The Authority shall, after investigation by the committee, and subject subsection (2) of this section, –
(a) suspend a licence for a specified time, revoke a licence, or impose a penalty it deems necessary; or
(b) impose a penalty on the holder of a licence.
(4) Failure by the holder of the licence to pay a fine imposed under subsection (b) of this Section, shall be deemed to constitute non-compliance.
21. Financial and Controlling Interests
(1) Any person who directly or indirectly procures a controlling interest or a financial interest of five per cent or more, or any lesser percentage as may be prescribed, in the business to which a licence relates, shall, within the prescribed period and in a manner prescribed or determined by the Authority, apply for the consent of the Authority for the holding of such interest.
(2) The Authority shall not grant consent under subsection (1) of this section, where such person is subject to any disqualification contemplated in section 18 of this Law or, in the case of a casino licence, section 15(2) of this Law.
(3) Where consent is not granted, the person concerned shall, within the prescribed period and in the manner prescribed or determined by the Authority dispose of the interest in question.
(4) A person shall not procure an interest contemplated in subsection (1) of this section as nominee or an agent on behalf of any principal or beneficiary, if the person has not informed the holder of the licence and the Authority in writing of the identity of such principal or beneficiary.
22. Activities authorised by Casino and Gaming Licence
The granting of a casino and gaming licence shall authorise the conducting and carrying on of such casino and gaming operations, as shall be set out in such licence, on the licensed premises concerned.
23. Display of prescribed information and Rules of Games
The holder of a casino and gaming licence shall –
(a) display permanently within the licensed premises such information regarding casino games as is prescribed by the rules of the Authority; and
(b) make available for examination at the request of any customer a copy of the rules determining the manner in which any particular casino game shall be played.
24. Trade or Business Name
(1) The holder of a casino licence shall in connection with the casino, trade or carry on business under a name that includes the word “casino”.
(2) A person shall not trade or carry on business under a name or title of which the word “casino” forms a part while he is not the holder of a casino licence granted under the provision of this Law.
25. Obligation to Pay prescribed Fees and Taxes
(1) An applicant for a licence shall pay the prescribed fee in the prescribed manner for the benefit of the Authority.
(2) The holder of a licence shall pay in the prescribed manner for the benefit of –
(a) the State Revenue Fund, the prescribed tax; and
(b) any other prescribed fees or levies in compliance with this Law;
(3) the prescribed penalty on late payment of such fee or levy, contemplated in subsection (2) of this section, –
(a) shall not exceed twice the amount of the fee or levy for which, the penalty is payable; or
(b) the prescribed annual fee for a licence.
26. Registration
(1) Any person who is not registered with the Authority shall not-
(a) perform any act pertaining to any casino occupation; or
(b) purchase, lease or operate any gaming machines that are not in compliance with standards acceptable internationally by State Authority.
(2) The Authority may grant an application for registration subject to such conditions as the Authority shall determine.
(3) The applicant or the licensee, as the case may be, shall issue an application on behalf of any person desiring to be registered, as contemplated in subsection (1) of this section, to the Authority.
(4) A holder of a licence shall not engage any person to perform any act or be engaged in any activity or occupation, contemplated in subsection (1) of this section, unless such person is registered with the Authority.
(5) Application for registration shall not be granted if the applicant is subject to any disqualification contemplated in section 18 of this Law.
(6) Where the Authority grants an application for registration, the Chief Executive Officer described in section 10 of this Law, shall issue to the applicant or the licensee as the case may be, a Certificate of Registration and in the form prescribed or determined by the Authority.
27. Suspension or Revocation of Registration
The Authority shall at any time suspend for a specified period or revoke the Certificate of Registration of any person under the provisions of this Law, after giving the person concerned an opportunity of being heard, if –
(a) any information contained in the application for registration was false in any material respect or was subject to any material omission;
(b) the person registered has become subject to disqualification contemplated in section 18 of this Law;
(c) the person registered has performed any act or been engaged in any activity or occupation contemplated in section 26 of this Law, whether as agent or employee or otherwise for or on behalf of a person who is not the holder of a licence; or the person registered has contravened a provision of this Law or a condition of registration.
28. General Provisions on Gambling
(1) The holder of a licence shall not extend credit to any person in connection with or for the purpose of gambling, except to such extent; and
(2) The holder of a licence shall not allow a person under the age of 18 years to be inside the casino or any area where such activities shall be contemplated.
(3) Notwithstanding the provisions of any law, any gambling debt lawfully incurred after the commencement of this Law shall be enforceable in a court of law.
29. Appointment of Inspectors
(1) The Authority shall appoint any person in its service or any other suitable person, as an inspector for the purposes of this Law.
(2) A person shall not be appointed as an inspector if he is subject to any disqualification.
(3) A person who is not in the full-time service of the State or the Authority and who is appointed as an Inspector shall be appointed on such conditions and on such remuneration as the Authority or the Chief Executive Officer, may determine.
(4) An Inspector shall be provided with a Certificate of Appointment signed by or on behalf of the Chairperson of the Authority, that he has been appointed as an Inspector under this Law.
(5) When an Inspector performs any function under the provisions of this Law, he shall make the Certificate of Appointment and a search warrant available for inspection on request by any person affected by the performance of that function.
(6) An Inspector shall not accept any donation, reward or other benefit in connection with the performance of his functions from any person, and no person shall give or offer such donation, reward or benefit to an Inspector.
30. Powers of Inspectors
(1) An Inspector may at any time enter any licensed premises to-
(a) inspect or search those premises;
(b) examine, or make copies of or take extracts from, any document found in those premises and which refers to any gambling activity, and request for an explanation from the owner or person in charge of those premises or from any person in whose possession or charge the document is;
(c) examine any article or other object found in or upon those premises and which refers to any gambling activity, and, request for information from the owner or person in charge of those premises or from any person in whose possession or charge that article or object is;
(d) seize, any such article, document or object, in proof of a contravention of a provision of this Law with regards to any gambling activity;
(e) retain such article, document or object for further examination or for safe custody, and permit the person who has possession of such document, to make copies or to take extracts from the document under the supervision of the Inspector; and
(f) determine whether such people as are on the premises are legally permitted to be there.
(2) An Inspector may, in the company of a member of the Nigeria police Force or any other authorised officer and subject to the provisions of any other law, –
(a) enter any premises in which any article, document or other object connected with gambling is or is believed to be, or which are occupied or used or suspected to be occupied or used for the purposes of any gambling activity;
(b) in respect of such premises, do everything set out in subsection (1)(a), (b), (c) and (d) of this section; and
(c) inspect any account of any person at any bank or other financial institution which may afford evidence of the commission of an offence under the provisions of this Law.
31. Duty to Produce Licence or Certificate of Registration
The holder of a licence, or a Certificate of Registration shall on request produce such licence or certificate to an Inspector or Officer of the Nigeria Police Force or any other authorised person.
Power to make Regulations
(1) The Commissioner may make regulations prescribing any fees payable in respect of any application or registration required under this Law.
(2) The Commissioner may, on the recommendation or with the agreement of the Authority, issue regulations with regards to-
(a) the stakes for which any casino game shall be played;
(b) the take-out, commission or other charges which the holder of a licence may charge;
(c) the books of account and records to be kept, and returns to be furnished to the Authority by holders of licences;
(d) the adjudication by the Authority of gambling disputes and the enforcement against persons of orders made by the Authority pursuant to such adjudication;
(e) laying down conditions for the granting, cancellation and transfer of all betting and gaming licences within the State;
(f) laying down provisions for the imposition and collection of fees on all aspects of casino and gaming and for other connected purposes;
(g) prescribing the forms and fees payable for various licences issued under and by virtue of the provisions of this Law;
(h) the conferring of functions upon officers of the public service of the State and other persons and authorities in relation to the sale of tickets, and the remuneration of such other persons or authorities;
(i) forfeiture to the authorised officers tickets and prizes in certain events to be specified;
(j) the deduction by agents, other persons or authorities of the remuneration prescribed from any moneys received in the performance of the functions conferred by such regulations on such agents, other persons or authorities.
(k) the time within which any requirement of the regulations is to be carried out; and
(l) prescribing penalties for breaches or contraventions of any regulations issued under this Law;
(m) any matter, other than those mentioned in subsection (1) of this section, which under the provisions of this Law is required or permitted to be prescribed;
(n) any matter in general, which is considered necessary or expedient to be prescribed for achieving the objects of this Law.
(3) Different regulations may be made under this section in respect of different categories and subcategories of licences, and different areas or casino games.
(4) Not less than one month before any regulation is issued under this section, the Commissioner shall cause it to be published in the State Gazette together with a notice declaring his intention to make that regulation, and invite interested persons to furnish him with observations or any representations which they may wish to offer with regards to the proposed regulation.
(5) The provisions of subsection (4) of this section shall not apply in respect of-
(a) any regulation issued, after the provisions of that subsection have been complied with, and amended by the Commissioner, on the recommendation or with the agreement of the Authority referred to in subsection (2) of this section, in consequence of comments or representations received in pursuance of such compliance; or
(b) any regulation which the public interest requires to be included.
(6) Any regulation made under this section, may prescribe penalties of a fine or imprisonment for a period not exceeding two years, for any contravention or failure to comply with the regulation.
33. Offences relating to licensable activities
(1) No person shall carry on or assist any other person to carry on any activity for which a licence is required under this Law without such a licence.
(2) No person who is the owner or lessee or person in charge of any premises, or the agent of such owner, lessee or person in charge, shall permit or allow, without taking all reasonable precautions to prevent such conduct, the playing of any casino game or gambling activities without the required licence in such premises.
(3) No person shall conduct, permit or allow the playing of any casino game or gambling activity in any premises under his control or charge without the required licence.
(4) No person shall –
(a) employ or offer to employ any person in a casino occupation or in connection with an activity for which a licence is required under the provisions of this Law, without such a licence; or
(b) accept employment in a casino occupation or in connection with an activity for which a licence is required under the provisions of this Law and in respect of which no such licence has been granted.
(5) Presentation of proof of any agreement or undertaking not to carry on activities without a licence shall not be a defence to a charge of committing an offence contemplated in subsection (4).
34. Penalties
(1) Notwithstanding anything to the contrary in any other law, the court in convicting any person under the provisions of this Law, shall in addition to any punishment imposed, declare forfeited to the Authority, all moneys, books and records, gaming equipment, devices, articles, vessels or any other movable property, used for the commission of the offence, and any gaming machine or device not registered under this Law, seized under the provisions of any law by a member of the Nigeria Police Force or an Inspector appointed under this Law.
(2) Any person who contravenes the provision of subsections (1), (2) or (3) of section 21 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00), and an additional fine of One Hundred Thousand Naira (N100,000.00) for each day the offence continues.
(3) Any person who contravenes the provisions of subsections (1) or (2) of section 14 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term of five (5) years or to both such fine or imprisonment.
(4) Any person who contravenes the provisions of subsection (2) of section 24 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years or to both such fine or imprisonment.
(5) Any person who contravenes the provisions of subsection (1)(a) of section 26 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Three Hundred Thousand Naira (N300,000.00) or imprisonment for a term not exceeding two (2) months or to both such fine and imprisonment.
(6) Any person who contravenes the provision of subsection(1)(b) of section 26 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years to both such fine and imprisonment.
(7) Any person who contravenes the provision of subsection (2) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Three Hundred Thousand Naira (N300,000.00) or imprisonment for a term not exceeding two (2) months or to both such fine and imprisonment.
(8) Any person who contravenes the provisions of subsection (6) of section 29 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years to both such fine and imprisonment.
(9)(a) Any person who obstruct or hinder an Inspector in the performance of his function under section 30 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years or to both such fine and imprisonment.
(b) Any person who gives false or misleading information; shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years or to both such fine and imprisonment.
(c) Any person who falsely represents himself to be an Inspector; shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years or to both such fine and imprisonment.
(10) Any person who contravenes the provisions of section 30 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Two Million Naira (N2,000,000.00) or imprisonment for a term not exceeding five (5) years or to both such fine and imprisonment.
35. Interpretation
In this Law, unless it is otherwise expressly provided for or the context otherwise requires –
“casino” means any licenced premises here casino games are played or are available to be played for money or other valuable or valuable security gambled on the possibility of winning a prize;
“casino game” means any game, irrespective of whether or not the result of the game if determined by chance or a measure of skill, played with cards, dice, a gaming machine or any other device used to determine the outcome, of a money or other valuable consideration, and includes, without derogating from the generality of the foregoing: blackjack, chemindefer, baccarat, bingo, keno, twenty one, poker and roulette, or any other game whose rules closely resemble that of the foregoing;
“casino occupation” means –
(a) the occupation of croupier, dealer, cashier, counter, change attendant, host, floor attendant, shift or pit boss, security attendant or casino or floor supervision or manager; or
(b) any occupation declared to be a casino occupation under section 25 of this Law;
“Commissioner” means the Commissioner for Finance in Lagos State;
“conduct” or “maintain” means to carry on the business, to control, to direct, to keep, to manage, to oversee or to own;
“control” or “controlling interest” in relation to any licensee, applicant or business, means any interest of whatever nature enabling the holder to exercise, directly or indirectly, any control whatsoever over the activities or assets of the licensee, applicant or business concerned;
“Governor” means the Governor of Lagos State;
“Executive Council” means the Executive Council of the State;
“family member” or “member of the family” , in relation to any person, means the spouse of the person, including a live-in partner as if they were married, or a parent or child of the person;
“gambling” means the wagering of a stake of money or anything of value on the unknown result of a future event at the risk of losing all or a portion for the sake of a return, irrespective of whether any measure of skill involved or not and encompasses all forms of gaming and betting:
Provide that the Commissioner may, on the recommendation of the Authority, declare certain games of skill not to be gambling;
“gambling device” means any equipment or thing used in connection with gambling or betting and includes without limiting the generality thereof, any electromechanical or electronic device, component or machine or gaming machine, playing cards or dice, or any other equipment or thing which the Authority determines to be a gambling device;
“gaming” means the playing of a game of chance for winnings in money or money’s worth, whether any person playing the game is at risk of losing any money or money’s worth or not;
“gaming machine” means any electronic, electro-mechanical or mechanical machine, apparatus or device other than roulette wheel, which is used for playing a game which commences upon the insertion of a coin, banknote, token, card or similar object or upon payment of any consideration, or is available to play and the operation of which may deliver to the person playing and operating the machine, or any other person, cash or anything of value, and includes any device which is set in operation by another person upon the wagering of stake;
“licence” means a licence duty issued in accordance with the provisions of the Law.
“licenced premises” means the place or premises specified in a licence on which the activities authorised thereby may be conducted in accordance with the provisions of this Law;
“local authority” means a local government body contemplated under the constitution of the Federal Republic of Nigeria 1999;
“machine” includes any apparatus used for gaming;
“premises” includes any place whatsoever where gaming is taking place and includes any movable or immovable property.
“prescribed” means prescribed by regulation;
“regulation” means a regulation made under section 31 of this Law;
“State” means the State of Lagos;
“this Law” includes the regulations and the rules of the Authority.
36. Repeal of Previous Laws
The Lagos State Casino (Licensing) Regulation Law Cap. C5 (1964) and the Lagos State Gaming (Licensing) Law Cap.GI (1971) Laws of Lagos State of Nigeria together with their subsequent amendments are repealed.
37. Citation and Commencement This Law may be cited as the Casino and Gaming Law and shall come into force on the 18th day of May, 2007.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
