Any person interested in obtaining a license under the provisions of §§ 71—79 and 85—89 of this title shall file a sworn application before the Commissioner of Financial Institutions showing that he/she meets the requirements established in § 76 of this title. Said application shall be accompanied by the sum of fifteen thousand dollars ($15,000) to defray the investigation expenses incurred by the Commissioner of Financial Institutions to determine whether the applicants qualify for the license they are applying for; Provided, That said amounts shall be covered into the Commissions of Financial Institutions Office funds. In case the application is denied, there will be no right for the refund of the amount paid. Before considering the application, the Commissioner of Financial Institutions shall cause to be published in one of the newspapers of general circulation in the Commonwealth of Puerto Rico, once a week for four (4) weeks, a notice stating the fact of the application, the name of the applicant and of the hotel where the gambling room is to be established. Fifteen (15) days from the publication of the final notice; the Commissioner of Financial Institutions may consider and definitely approve or reject the application; Provided, That no application shall be approved unless previously approved by the Tourism Company. In the exercise of its powers under the provisions of §§ 71—79 and 85—89 of this title, and notwithstanding, the provisions of § 72 of this title, the Tourism Company may take into consideration the number of licenses, the location of the licensee, and the kind and quality of the facilities provided by the licensees which shall best serve the purposes of these provisions, which are those of fostering and providing tourist attractions and accommodations at par with international standards and which will best serve to promote tourism. The Tourism Company may make its recommendations under the condition that the licensee comply with specific requirements as to the establishment, expansion or improvement of particular tourist attractions and accommodations, whether at the same place where the hotel of the applicant is already established, or at any other place in Puerto Rico, and the licenses granted on the basis of such conditional recommendations shall be revoked if the conditions set forth are not complied with. The tourist attractions referred to in this section may include, but not be limited to, hotels and restaurants. Said tourist attractions shall not necessarily have to be operated directly by the licensee who owns them. The Tourism Company shall have the discretion to grant a reasonable term for the licensee to make the investment in tourist attractions and accommodations demanded by the Tourism Company as a condition for granting a license, taking into consideration when granting said term, the nature of the investment and the works to be carried out; Provided, That it shall not be necessary that the total investment be made by the applicant for the license. The Tourism Company shall adopt regulations setting the requirements and policies by which it shall be guided in considering license applications. Said regulations, as well as any amendments thereto, shall be subject to the approval of the Governor of Puerto Rico pursuant to the provisions of § 671g of Title 23.
The Commissioner of Financial Institutions and the Executive Director of the Tourism Company may draft regulations for the issuing, temporary suspension or cancellation of the licenses provided by this section and any other licenses required by §§ 71—79 and 85—89 of this title.
The licensee of a gambling room is hereby empowered to forbid admittance to or remove from the casino premises and/or hotel of any person who in his/her judgment is a hindrance to the operation thereof, or who affects the well-being and peace of mind, or annoys the patrons or employees of the gambling rooms; Provided, That the regulations which determine the admittance to the casinos shall not discriminate on the basis of race, color, religion or social condition.
History —May 15, 1948, No. 221, p. 750, § 4; June 7, 1948, No. 24, p. 72, § 2; May 14, 1949, No. 343, p. 1038, § 1; June 23, 1956, No. 90, p. 582, § 4; June 26, 1997, No. 24, § 4; Jan. 8, 2004, No. 11, § 1.