TOURISM AND HOSPITALITY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION

   3.   Director of Tourism

   4.   Chief Tourism, Policy, Planning and Co-ordination Officer and Chief Tourism, Research and Product Development Officer

   5.   Chief Standards Inspector

   6.   Appointment of other staff

   7.   Functions of Director

   8.   Performance of Director’s functions during absence

   9.   Constitution of Tourism Enterprise Authorisation and Licensing Committee

   10.   Functions of Committee

   11.   Committees

PART III
TOURISM PLANNING AND DEVELOPMENT

   12.   General functions of Minister

   13.   Tourism ethics

   14.   Director to liaise with Board, etc.

PART IV
AUTHORISATION AND LICENSING OF TOURISM ENTERPRISES

   15.   Prohibition of operating tourism business without licence or authorisation

   16.   Application for authorisation or licence

   17.   Power to call for additional information on application

   18.   Notification of lodging of application

   19.   Objection to issue of licence or authorisation

   20.   Approval or refusal of application for licence or authorisation

   21.   Appeal against refusal to issue, licence or authorisation

   22.   Restriction on transfer and variation of licence or authorisation

   23.   Period of validity of licence or authorisation

   24.   Register of licences or authorisation

   25.   Display of licence

   26.   Obligation of authorisation or licence holder

   27.   Returns to be submitted to Director

   28.   Suspension or revocation of licence or authorisation

   29.   Licensing classification and grading system

   30.   Prepaid package tours

   31.   Prohibitions

   32.   Safety of tourists and workers

PART V
LICENSING AND GRADING OF HOTELS

   33.   Operating without hotel licence prohibited

   34.   Application for hotel licence

   35.   Conditions under which licences shall be granted

   36.   Transfer of hotel licence

   37.   Revocation of licence

   38.   Classification and Grading of Hotels

   39.   Refusals, cancellations, grading and re-grading

   40.   Appeal to Minister

   41.   Entry, inspection and information

   42.   Register of guests

   43.   Lien of hotel-keeper

   44.   Liabilities of an hotel-keeper

   45.   Settlement of bill

   46.   Service charge and tips

PART VI
LICENSING OF CASINOS

   47.   Operating without casino licence prohibited

   48.   Application for casino licence

   49.   Duration of licence

   50.   Conditions under which a licence shall be granted

   51.   Revocation of casino licence

   52.   Transfer and verification of casino

   53.   Gaming by minors prohibited

   54.   Submission of statement of account

   55.   Assessment by Director

   56.   Non-application of certain provisions

   57.   Tax to be recovered as civil debt

   58.   Fees

PART VII
INCENTIVES

   59.   Incentives

   60.   Micro, small or medium enterprise development

   61.   Withdrawal of incentives

PART VIII
THE TOURISM DEVELOPMENT FUND

   62.   Establishment of Fund

   63.   Administration of Fund

   64.   Application of money of Fund

   65.   Statement of income and expenditure

PART IX
THE HOTEL MANAGERS REGISTRATION COUNCIL

   66.   Hotel Managers Registration Council

   67.   Functions of the Council

   68.   Registration of hotel Managers

   69.   Qualification for registration as hotel Manager

   70.   Practicing certificate

   71.   Cancellation of practicing certificate

   72.   Offences relating to practicing certificate

   73.   Offences related to registration

PART X
INSPECTION

   74.   Appointment of inspectors

   75.   Powers of inspectors

   76.   Obstruction and impersonation of inspectors

   77.   Inspectors to provide reports

   78.   Prohibition of publication or disclosure of information to unauthorised persons

PART XI
SAVINGS AND TRADITIONAL PROVISIONS

   79.   Licensing of existing tourism enterprises, hotels, etc

   80.   Offences and penalties

   81.   Regulations

   82.   Repeal of Cap. 153, Cap. 155, and Cap. 157

AN ACT

to provide for the development of the tourism industry through tourism planning, management and co-ordination; to provide for the functions of the Director of Tourism; to provide for incentives for investors in the tourism industry; to provide for the control and regulation of hotels and the enforcement of reasonable standards of cleanliness, sanitation and service; to provide for the authorisation and licensing of tourism enterprises; to provide for the granting of casino licences; to provide for the constitution of the Hotel Managers Registration Council; to provide for the establishment and administration of the Tourism Development Fund; to repeal the Tourism Act, 1979, the Hotels Act, 1987 and the Casinos Act, 1992; and to provide for matters connected with or incidental to the foregoing.

[30th November, 2007]

Act 23 of 2007.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Tourism and Hospitality Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“authorisation” means the written consent of the Director granted under section 16;

“Board” means the Zambia Tourism Board established under the Zambia Tourism Board Act, 2007;

“card game” means any game of cards specified in a casino licence;

“casino” means any premises kept and managed for the purpose of gaming;

“casino licence” means a licence issued under section 48;

“Committee” means the Tourism Enterprise Authorisation and Licensing Committee constituted under section 9;

“council” means the Hotel Managers Registration Council constituted by section 66;

“Director” means the Director of Tourism appointed under section 3

“Fund” means the Tourism Development Fund established under section 62;

“gaming” means the playing of a game of chance for winnings in money or money worth;

“game of chance” does not include any athletic game or sport,

“gaming machine” means a machine for playing a game of chance, being a game which requires no action by any player other than the actuation or manipulation of the machine;

“gross revenue” means the total income derived or received from gaming at a casino and includes credit extended to customers, any hiring charge, or commission paid on gaming machines and the entry fee to the casino less only the total of all sums paid out as losses by the licensee in respect of games played under a casino licence;

“hotel” means a motel, lodge, boarding house, guesthouse, camp, camping site and any building or premises used for accommodation of the public in which lodgings are provided and provisions are supplied by the Manager thereof but does not include any Government rest house, hostel, school or such council rest house as the Minister may, by statutory instrument, exclude;.

“hotel-keeper” means a person to whom a hotel licence has been issued under this Act and includes a person to whom a licence has been transferred under section 36;

“hotel licence” means a licence issued under section 34;

“hotel Manager’s certificate” means a practicing certificate issued under section 70 and “hotel Manager” shall be construed accordingly;

“in inspector” means a person who is designated an inspector under section 74;

“intoxicating liquor” has the meaning assigned to it in the Liquor Licensing Act;

“licence” means a tourism enterprise obtained under section 16, by an owner of a tourism enterprise;

“prescribed” means prescribed by the Minister, by statutory instrument;

“restaurant” includes any premises on which is carried out the business of preparing and or supplying for reward any food or beverage whether there is the provision of waiters services to individual customers or otherwise, but does not include—

      (a)   a bona fide worker’s or staff canteen maintained for the use of persons employed in any particular undertaking, by that undertaking;

      (b)   any premises where food or beverage is supplied only to persons who reside or board at, or work at, such premises;

      (c)   any informal eating outlets which fall below the minimum requirement of a restaurant; or

      (d)   any portion of a licensed hotel which is not let out or sublet to a different Manager other than being run by the management directly.

“tourism enterprise” includes the construction, reconstruction, renovation and rehabilitation of an hotel, casino, a tour operating business, a travel agency, amusement and theme parks and an air charter business, water sports, a vehicle or vessel leasing business, a restaurant or cafe a discotheque, a convention centre and such other enterprise catering for tourists as the Minister may, by statutory instrument, declare to be a tourism enterprise;

“tourism officer” includes a tourism development officer, provincial tourism development coordinator, tourism research officer, tourism field officer, tourism projects officer and such other officer as may be appointed by the Public Service Commission under this Act;

“tourism product” means such tourism resources and activities as the Minister may, by the statutory instrument prescribe which resources and activities give, or are intended to give, Zambian tourism a competitive edge in the international market; and

“winnings” include any amount deducted for the benefit of the licensee from any stake or Bank in a game not being an amount deducted from the receipts of any slot machine.

PART II
ADMINISTRATION

3.   Director of Tourism

   (1) There shall be a Director of Tourism who shall be a public officer and who shall be appointed by the Public Service Commission.

   (2) The Director shall, subject to the general or specific directions of the Minister, be responsible for the administration of this Act and shall perform the functions and exercise the powers conferred upon the Director by or under this Act.

   (3) The Director may, subject to the other provisions of this Act and to the general or special directions of the Minister, delegate any of the Director’s functions under this Act to the Chief Tourism, Policy, Planning and Co-ordination Officer, Chief Tourism, Research and Product Development Officer, the Chief Standards Officer or such other officer as the Director may determine.

4.   Chief Tourism, Policy, Planning and Coordination Officer and Chief Tourism Research and Product Development Officer

   (1) There shall be a Chief Tourism, Policy, Planning, and Co-ordination Officer appointed by the Public Service Commission, as a public officer, and who shall, subject to the direction of the Director, be responsible for initiating tourism policy, planning of tourism and co-ordination of tourism activities.

   (2) There shall be a Chief Tourism, Research and Product Development Officer appointed by the Public Service Commission, as a public officer and who shall, subject to the direction of the Director be responsible for tourism research and product development.

5.   Chief Standards Inspector

There shall be a Chief Standards Inspector appointed by the Public Service Commission, as a public officer, and who, subject to the direction of the Director, shall be responsible for tourism standards, inspection and licensing.

6.   Appointment of other staff

There shall be appointed by the Public Service Commission, as public officers, such other officers who shall include provincial tourism development officers, tourism development officers, tourism research officers, tourism extension officers, tourism projects officers, tourism licensing officers, tourism standards inspectors and tourism credit officers as may be necessary for the proper administration of this Act.

7.   Functions of Director

Subject to the other provisions of this Act, the functions of the Director shall be to—

      (a)   initiate and recommend to the Minister policies relating to the development of the tourism sector;

      (b)   develop tourism plans and programmes to encourage the development of the tourism industry in Zambia;

      (c)   cause to diversify the tourism product portfolio to ensure the maximum exploitation of Zambia’s tourism potential;

      (d)   in collaboration with other relevant Ministries and authorities, reflect tourism interests in land and other natural resource use and management decisions;

      (e)   in consultation with the Ministry responsible for culture and the National Arts Council of Zambia, encourage the development and preservation of Zambian arts and cultural values as a tourist attraction;

      (f)   in consultation with the Technical Education, Vocational and Entrepreneurship Training Authority—

      (i)   participate in the development of standards to be maintained by institutions that provide training programmes for persons employed or seeking employment in the tourism industry; and

      (ii)   recommend the focus for training programmes for persons employed or seeking employment in the tourism industry;

      (g)   in collaboration with the Zambia Development Agency and other relevant authorities, streamline and facilitate the acquisition of licences by investors in the tourism industry;

      (h)   monitor trends in the tourism industry by conducting research and analysis;

      (i)   assist in carrying out any regional or national plan for the development and promotion of tourism;

      (j)   carry out surveys and collect and compile on a regular basis statistics on the performance of the tourism industry;

      (k)   collaborate with relevant authorities on labour, HIV/AIDS, social and welfare matters and other inter-sectoral matters that have an impact on tourism and tourism development;

      (l)   carry out, undertake or commission tourism research, studies and surveys to facilitate decision making and identify tourism priority areas, tourism marketing circuits and zones for the development and promotion Of tourism;

      (m)   collect tourism data or information and establish and maintain a data base of tourism statistics in the country and to establish and maintain a system of tourism satellite accounting;

      (n)   implement the decisions of the Committee; and

      (o)   do such other things as may be necessary to perform the Director’s functions under this Act.

8.   Performance of Director’s functions during absence

Whenever the Director is absent or is for any cause unable to perform the functions of the Director’s office, such functions shall be performed by the Chief Tourism Policy, Planning and Coordination Officer or the Chief Tourism Research and Product Development Officer or the Chief Standards Inspector.

9.   Constitution of Tourism Enterprise Authorisation and Licensing Committee

   (1) There is hereby constituted a Tourism Enterprises Authorisation and Licensing Committee which shall consist of eleven part-time members appointed by the Minister.

   (2) The members appointed under sub-section (1) shall be persons who have expertise in economic empowerment, financial management, hotel management, civil engineering, architecture and physical planning and shall include a representative each of—

      (a)   the Ministry responsible for tourism;

      (b)   the Immigration Department of the Ministry responsible for home affairs;

      (c)   the Ministry responsible for finance;

      (d)   the Attorney-General; and

      (e)   the Tourism Council of Zambia.

   (3) The Director shall be the Secretary to the Committee.

   (4) The Minister shall appoint the Chairperson and the Vice-Chairperson of the Committee from amongst the members referred to in sub-section (1).

   (5) Subject to sub-section (6), a member of the Committee shall hold office for a period of three years from the date of appointment but may be eligible for reappointment for a further term of three years.

   (6) The office of a member shall become vacant—

      (a)   if that member is absent without reasonable excuse from three consecutive meetings of the Committee of which the member had notice;

      (b)   upon the member’s death;

      (c)   if the member is adjudged bankrupt;

      (d)   on a member ceasing to hold the office by virtue of which the member was appointed;

      (e)   if the member becomes mentally or physically incapable of performing the duties of a member of the Committee; or

      (f)   if the member is convicted of an offence under any written law and sentenced there for to imprisonment for a term exceeding six months.

   (7) Where a vacancy occurs in terms of sub-section (6) the Minister may appoint a new member in accordance with sub-section (1), to hold office for the unexpired part of that member’s term.

   (8) A member of the Committee shall be paid such allowances as the Minister may determine.

   (9) Subject to the other provisions of this Act, the Committee may regulate its own procedure.

   (10) The Committee shall meet for the transaction of business as often as is necessary or expedient for the conduct of its business at such places and times as the Chairperson may determine.

   (11) The quorum at any meeting of the Committee shall be six members of the Committee.

   (12) There shall preside at any meeting of the Committee—

      (a)   the Chairperson;

      (b)   in the absence of the Chairperson, the Vice-Chairperson; or

      (c)   in the absence of both the Chairperson and the Vice Chairperson, such member as the members present may elect from their number for the purpose of that meeting.

   (13) The determination of any matter before the Committee shall be according to the votes of the majority of the members present and considering the matter.

   (14) The Committee may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Committee but such person shall have no vote.

   (15) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee.

   (16) The Minister shall assign persons employed in the Department of Tourism of the Ministry responsible for tourism to perform such secretarial and administrative functions in connection with the Committee.

10.   Functions of Committee

The functions of the Committee shall be to—

      (a)   receive and approve applications for authorisation and licencing forwarded to the Committee in terms of section 16, 34 and 48;

      (b)   receive and approve applications for renewals and transfers of licences granted under this Act; and

      (c)   perform such other functions as may be assigned to the Committee by or in terms of this Act.

11.   Committees

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