Games of Chance

The law

Gambling, betting, or the holding of a lottery or sweepstake (including a raffle) is an offence punishable by a term of imprisonment of up to one year and/or a fine of up to $1,000. Anyone who knowingly permits the use of any building or place for such activity is also guilty of an offence and subject to the similar penalties. Any person found in any house or place similarly commits an offence and shall be deemed to have been taking par in gambling or betting.

Exemptions

The law, however, exempts approved social or charitable organisations or turf clubs which conduct lotteries, sweepstakes, pari-mutuels, or pool bettings in order to raise funds for social and charitable purposes. The exemption means that any such organisation approved by the Governor-in-Council may conduct such games of chance without breaking the law.

The following 12 categories have been so far approved:

• Charitable/Caring Organisations
• Community Service Clubs
• Performing Arts Companies/Groups
• Religious/Church Groups
• Recognised Sporting Associations
• Recognised Youth Organisations
• Public Service Staff Associations/Unions
• Private and Public Schools of the Territory
• Volunteer Emergency Responder Organisations
• National or Country Associations
• Family Reunion Committees
• District Improvement Committees (non-political)

In addition, the following individual organisations are also approved:

• BVI Botanic Society
• BVI Chapter of the American Hibiscus Society
• Alumni Class Groups of BVI High School and Bregado Flax Educational Centre
• BVI High School and Bregado Flax Educational Centre Prom Committees
• BVI Chamber of Commerce and Hotel Association
• Mrs. BVI Globe
• The Charter Yacht Society of the British Virgin Islands
• Virgin Islands Festival and Fairs Committee
• BVI Philatelic Society

Groups which fall within the above descriptions should notify the Deputy Governor’s Office of their intention to hold a game, and then report on its as required (see below).

Organisations which have never received approval to conduct a game of chance should write to the Deputy Governor’s Office when planning to conduct one, even if they consider that they fall within the ‘approved’ categories.

After a game of chance has been held

For each raffle or other game, the organisation is required to submit to the Deputy Governor’s Office, within 30 days after the drawing, a report on the revenue, expenditure and net proceeds of the event. In the case of raffles, the organisation is required to adhere to certain standards. One such standard urges persons to keep the cost or prizes and other expenses to no more than 25 percent of the expected gross receipts (revenue from ticket sales).

Executive Council expects that clubs will comply with the reporting requirements indicated above. Organisations which fail to do so may be removed from the approved list, and would be so notified.

Approved organisations are expected to act responsibly in the exercise of the privilege grated to engage in fund-raising by these means. The executive officers of the organisations are accountable to the public and to the Government, through the Deputy Governor’s Office, for proper conduct of the games and handling of the monies involved. If the Executive Council has doubts about the integrity of the leadership of an approved organisation, that organisation may not be approved.

For more information, contact us.