The Casino Control Commission renewed Divi Carina Bay Resort and Casino’s gaming license at its regular meeting Wednesday. The commission also re-ratified various employee licenses en masse for three more years.
Before the three commissioners voted to approve the renewals they questioned Divi management about safety issues, smoking, efforts to promote Virgin Islanders and other issues, and gave members of the public a chance to comment.
Newly confirmed commission member Violet Anne Golden asked Divi General Manager Anton Kuipers about rising numbers of lawsuits being filed against the casino.
"As of June of 2008 some 115 suits had been filed," Golden said. "The majority of lawsuits allege some sort of slip and fall, falling off a chair, being injured falling off slot machines. You’ve settled 65, some have been dismissed and some are pending."
Golden asked if the casino was having some sort of maintenance issue leading to a lot of slipping and falling, to which Kuipers replied he worked hard with federal Occupational Safety and Health Administration officials to make sure the facilities were safe and compliant with regulations. Commissioner Devin Carrington asked if the lawsuits were the result of real accidents or simply fraud.
"There are both," Kuipers said. "If you look at our records, it has gotten better over time, however, as we address both genuine issues of slip and fall potential and fraud. We do regular maintenance walk through where we look for any issues and address them."
Noting that the Casino Control Act was established to encourage resort growth and job creation, Carrington said he was "a little concerned regarding the lack of persons of bona fide residency status in the higher echelons of (Divi), particularly on the hotel side."
Kuipers said he has only one manager who is not a bona fide resident.
"But if we want to talk about locals, there are three – four including myself , in management who are not local," he said. "We are training and moving people up through the ranks and I am very proud of my record."
Carrington said he had received a number of calls complaining about smoking in the casino and asked what could be done. Kuipers spoke about the ventilation system and said he would not want to impose a smoking ban himself but could support one.
"I cannot as a property owner say we would dictate and say ‘sorry, we will not be allowing smoking’ because that would alienate some of our customers," he said, adding, "I am willing to put on record I would be very much in favor of legislation to that effect."
Without discussion, the commission also ratified extensions to Golden Gaming’s gaming license reservations. Golden Gaming plans to build a casino and resort near St. Croix’s Great Pond, but construction has been delayed several years, principally due to lawsuits contesting the company’s Coastal Zone Management permits.
Gizette Canegata-Thomas wielded the gavel as chairwoman for the first time since her recent appointment to replace Eileen Petersen, whose maximum legal term of office expired. Devin Carrington said goodbye to the commission Wednesday. Carrington is retiring from a 31 year career as a government attorney and from five years of service on the commission.
All votes were unanimous except for one. Carrington recused himself from voting on a resolution commending him for his service.
