TOURISM AND HOSPITALITY 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;

(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;

(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 11 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;

(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;

(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.

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