The government has drafted a proposed Gaming Act that would allow local casino operators to facilitate online and mobile gambling. While casino operators will benefit from the new law, local web shop operators are angered that their only possible option to keep from going out of business may be an ongoing legal battle. "The first thing that dawns on me is that it would be really unjust if the government does for a foreign business person something that it is not committed to doing for a Bahamian business person," said attorney Wayne Munroe, who represents a group of web shop owners.
Munroe was asked to comment on the bill obtained by The Nassau Guardian. Under the new law, it would still be illegal for Bahamian citizens to gamble. The bill would make legal "interactive gaming", which would permit gambling "through communications technology and accessed over the Internet". It would also provide for "proxy gaming", which is defined as "the placement of a bet or wager on a gambling game by a player located within a permitted area, using any communications technology or device, including the Internet or intranet, wireless, wire or cable, radio, light, optics, microwave, smartphone or mobile device, or computer data network..."
Such a license would only be issued to the holder of a gaming license and only in respect of the casino resort managed by it. The proposed legislation would allow hotel guests to gamble at pools or beachside on smartphone technology or hand-held tablets, The accompanying regulations stipulate that a mobile communications device used for gambling must be designed or programmed such that it may only communicate with approved mobile gaming systems. The bill also provides for the issuance of junket operator licenses. This would facilitate visits to casino resorts of 20 or more "junket visitors" -- that is, visitors on an excursion to a casino resort.
Such visitors receive complimentary services such as transport, food and lodging as an inducement to visit the casino. Local casino operators have long been pushing for updated gaming laws to allow them to be more competitive with other established gaming destinations like Las Vegas and Florida. But web shop owners see the proposed bill as discriminatory. Munroe represents Percy Web Cafe, Island Luck, FML Group of Companies, Asue Draw, Whatfall and Chances. He said his clients asked him to form an opinion on the bill, which would repeal the Lotteries and Gaming Act. Asked what impact the proposed legislation could have on existing web shop operations, Munroe said, "I am still considering.
"...And of course since we live in a democracy, any views I have, I will forward onto the government for its consideration, good or bad." Munroe said his clients are disappointed. "What they are finding disappointing is that it would appear, especially from this new proposed act that we are seeing, [and] it's bizarre, that you get less consideration as a citizen and taxpayer than somebody else," he said. In January, the majority of people who voted in a referendum voted no to the taxation and regularization of web shops and the establishment of a national lottery.
Voter turnout was less than 50 percent. The question of whether Bahamians ought to be permitted to gamble in casinos was not on the ballot, but Prime Minister Perry Christie said it could be a part of another referendum if the Constitutional Commission recommends that the casino issue be addressed. As it relates to overhauling the gaming sector, Gaming Board Chairman Dr. Andre Rollins said in October that he expected the appropriate legislation to be brought to Parliament by spring of this year. It is unclear when the bill will be tabled in the House of Assembly.
Minister of Tourism Obie Wilchcombe, who has responsibility for gaming, said via telephone on Tuesday he was out of the country and suggested he would address the matter upon his return today. Rollins has said the Gaming Board hopes to "triple or quadruple" the $146 million produced annually by casino gaming operators, and the $12 million the government receives in gaming taxes. Atlantis, Baha Mar and the Grand Lucayan all have casinos. Another casino is expected to open in Bimini later this year.
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