GREAT BAY (DCOMM):--- The Minister of Tourism, Economic Affairs, Traffic & Telecommunication hereby makes known that the following policies have been approved and or amended by the Government of Sint Maarten.
The policies can be viewed on the Government’s website: sintmaartengov.org.
Enforcement Policy:
Noise and other consequent activities associated with business establishments in residential communities are a frequent cause of complaints to the Ministry of Tourism, Economic Affairs, Traffic and Telecommunication (TEATT) via its Economic Inspection Department. Normally, criteria or guidelines would have been established based on zoning regulations, spatial planning, and building codes, whereby business licenses would be issued in conformity with the abovementioned. As such the Ministry of TEATT began looking at ways to mitigate the negative effects within primarily residential communities as a sort of stop-gap measure. In light of abovementioned, the Ministry of TEATT drafted the Residential Economic Policy, which was approved by the former Executive Council per BC Besluit 141209, agendapunt 24. One of the most important critical success factors is consistent control and enforcement mechanism.
Critical Success Factors: Control and Consistency
Considering the existence of several ordinances that regulate the various activities of businesses, the most critical success factor for the enforcement of these ordinances is Control and Consistency. During the months of May until July 2009 the former sector Economy & Tourism (now Ministry of TEATT) embarked on a Noise Pollution Control exercise in order to deal with the issue of noise pollution in overall densely populated residential area. An extensive Public Awareness Campaign (in collaboration with DCOMM) was set up, whereby the department and section heads of the executing control units from the Economic Licenses Department and the Economic Inspection Department informed the public and the business community via radio, television programs and public announcements in the local newspapers. In July 2009, an extensive noise pollution control was executed by the control units, using sound meters as objective measurement tools. Several warnings and penalties were given and subsequently, follow-up controls were conducted during the following months.
Goal Enforcement Policy
In light of the above mentioned, and in order to take the enforcement and control a step further, the Economic Inspection Department, after consultation with the Legal Affairs Department and Public Prosecutor office, drafted an Enforcement policy. The policy’s goal is to simplify and synchronize the enforcement of rules, regulations and ordinances with regards to so called ‘horeca’ establishments, such as but not limited to restaurants, bars and snack bars that cause overall public nuisance. The policy allows for standard enforment and decisions. This not only simplifies the control mechanism for the government controllers and inspectors, but also creates transparency whereby the relevant stakeholders are informed about the way the Government will deal with its decision making authority.
The Enforcement Policy was approved by the former Executive Council as per 18th May, 2010 (BC180510, ag.pt 20).
Casino Policy:
The Casino Policy titled “Rules of the Game” governs the licensing and the number of casinos allowed. The policy allows for a maximum of 5 standalone casinos in the Philipsburg and Simpson Bay area’s respectively for a total of 10. Casinos located at hotels are limited to hotels with a least 200 rooms. The Policy has been amended as follows specifically Art. 3 B with reference to Casinos located at hotels.
“In the event an existing hotel has started with an expansion of its property and room inventory, to at least the amount of 200 rooms as required in the Casino Policy in order to qualify for a Casino License, and a request for a casino license has been filed, the requested permit could be granted by the Executive Council. The following must be the case: The necessary financing must be in place to complete the expansion; construction must have started; and at the least 65% of the minimum required 200 rooms must be completed; and the property open or re-opened”
With the proposed change, a hotel will now be able to qualify for a casino license under the following conditions:
- The hotel must have a Building Permit to increase its inventory to at the least 200 rooms.
- Financing must be in place to complete the upgrade/expansion of the property.
- At the least 65% of the minimum required amount of 200 rooms should be completed.
- The property must be open or re-opened in order to be considered for the granting of the license.
The policy amendment was approved by the former Executive Council as 31 August 2010 (BC310810 ag.pt.24).
Adult Entertainment Policy:
In 2003 the Executive Council took the decision to approve a tolerance policy regulating sex companies and strip-clubs (BC040203 ag.pt 20). The policy was amended to reflect the following:
“The maximum number of sex companies (brothels) allowed will be increased from 6 to 8. The numbers of girls allowed for each of the additional brothels are 20, the two additional brothels are exempted from the requirement that they must to be operational prior to 1 August 2002. The maximum allowed for strip clubs will remain unchanged” (i.e, the current ceiling is 4, this will remain, meaning no additional strip club licenses will be issued).
Furthermore as a long-term approach the following was approved:
Introduction of new legislation which aims to:
- Revise the penal code as it relates to prostitution;
- Control and regulate the employment of prostitutes through a licensing system;
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- Impose a special licensing fee for the establishments which may be used to start a medical fund, Medical fund, Women desk, a crisis agency that could assist persons in the industry
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- Imposing more stringent and effective controls that would reduce abuses and provide adequate protection for the women working in this industry and to protect people from being coerced into the trade;
- Protect minors against sexual abuse;
- Reduce prostitution by foreign nationals residing illegally in St. Maarten;
- Sever the links between prostitution and crime;
- Impose proper zoning:
- Their location must conform to zoning and urban renewal plans and to community/neighborhood by-laws on the living and working environment.
- Regulations on premises specify the minimum size of working areas and govern safety, fire precautions and hygiene. For instance, every working area must be equipped with a panic button.
- Improve the medical and safety requirements;
- Regulations on the operation of brothels govern the position and status of prostitutes, protecting their physical and mental integrity.
- Review the quotas allowed per establishment;
The amendment was approved by the Minister of TEATT as of 26th February 2011.
Availability
A complete copy of the policies and amendments is available on the government website at www.sintmaartengov.org copies can be obtained from the department of Records and Information Management (formerly known as General Affairs) at the government administration building.
