The Arias administration took steps Thursday to discourage the casino business in Costa Rica. Various ministries unveiled a total of five decrees that, among other things:
• emphasize the unenforced restriction that casinos must be within hotels rated at three stars or higher by the Instituto Costarricence de Turismo;
• created a special health permit for casinos that will cost $5,000 a year;
• forbids free alcoholic drinks in casinos;
• sets casino hours at 6 p.m. to 2 a.m.;
• suggests that casino owners and others will have to donate for psychological help for addicted gamblers;
• appears to put the operation of slot machines under the consumer protection laws and demands a payback of 85 percent by the casino to players;
• requires the casino owner to be the same as the owner of the hotel;
• brands casinos as places that can encourage prostitution, drug addiction and insecurity.
The decrees, that will have the force of law when published in the la Gazeta official newspaper, did not establish any other special taxes for casinos. The measures set a six-month window for compliances except some of the major rules, like the one that says a casino must be part of a hotel, go into force immediately.
The decrees also did not address the flourishing business of online casinos that are run without any supervision whatsoever in Costa Rica.
At a press conference to announce the decrees Thursday afternoon there was little said about casinos, such as the Horseshoe at Avenida 1 and Calle 9 that are not part of a hotel. The officials said there were 48 existing casinos that are associated with hotels in the country.
There was no mention of the plans by an international/Russian casino company to set up shop in Costa Rica. The company is remodeling the Hotel Bulevar just off the Avenida Central pedestrian mall. Local officials have vowed to try to keep the company out of Costa Rica.
The rules for having a casino in a hotel say that only 15 percent of the space of the hotel can be dedicated to gambling. This is similar to the contents of a casino proposal that is languishing in the Asamblea Legislativa. A series of casino proposals has been awaiting action for years.
The decrees, on the other hand, are done deals, signed by President Óscar Arias Sánchez and relevant ministers. Some casino operators are certain to appeal the measures to the Sala IV constitutional court. One ground might be the ex post facto nature of some of the rules that are being imposed on existing operations.
One decree is dedicated to the addicted gambler. The decree seeks to cast the condition as a mental infirmity. It cites a 1980 declaration by the World Health Organization.
There were other health concerns. The health minister, María Luisa Ávila Agüero, said that another danger exists when gamblers win a lot or lose a lot and run the risk of having a heart attack. Members of the audience laughed and acted as if the health minister had told a joke, but she quickly said that such events were serious problems.
Another decree spells out the need for a casino to be an adjunct to a hotel and not the other way around. The idea originally was to use casinos to stimulate tourism in Costa Rica. However, Carlos Ricardo Benavides, the minister of Turismo, said that Costa Rica is not Las Vegas and that he does not think people come here to gamble.
The clientèle of most casinos now appear to be residents rather than tourists, although that might not be the case in geographically isolated hotels.
Some casinos in the metropolitan area are 24-hour a day operations and employee armies of dealers and support personnel. The decrees would seem to put people out of work if the time allocated for gambling is eight instead of 24 hours.
The hotel rules say that a casino must be in a hotel with at least 60 rooms. The well-known downtown hotels seem to meet this requirement. The Hotel Del Rey has 104 rooms, employees said. The Sleep Inn, the hotel associated with the Casino Colonial, has 86 rooms. A casino can have 10 gaming tables for the first 60 rooms. There are increments after that.
One problem for the Casino Colonial will be the fact that the management maintains two casinos on the premises. A smaller one is a non-smoking casino. The decrees forbids more than one casino per hotel.
The casino also can have one slot machine for each hotel room, said the decrees. Until now there did not seem to be any oversight on the payback of slot machine money as winnings. The decrees say that payback must be at least 85 percent, and there is a complicated certifying process involving the Ministerio de Gobernación, Policía y Seguridad Pública. Some Las Vegas casinos promise a 97 percent payback. The decree also prohibits slot machines anywhere but in casinos.
The decrees were constructed by an executive branch commission that was set up just last March 26. Also deeply involved in the drafting was Laura Chinchilla Miranda, vice president and minister of Justicia y Gracia. She also is the acting security minister until April 25.
Storm International is the company that said in late February that it would invest $5 million to refurbish a downtown hotel. The casino rules seem to be directed at this newcomer. The proposal would just meet the decreed requirements. The project will include a 60-room hotel, said the company at the time.
Storm International said it is diversifying and opening casinos overseas because of restrictive laws being passed in the Russian Republic that require the firm to put casinos in geographic zones. Costa Rican officials are nervous because Russian gambling operations and many other businesses are influenced by ex-KGB officials who are ruthless in business and related criminal activities.