Hotel Industry Legislation

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The Bahamas Hotel Association serves as a clearing-house for legislation of interest to the industry. BHA also reviews pending legislation, often providing comment to Government or partner organizations from the private sector.

Members are advised to be familiar with all relevant legislation. Following is a listing of key legislation which is available to members upon request:

The Hotels Act
This act creates the Hotel Licensing Board which licenses hotels, provides for minimum standards, and regulates the industry. The Licensing Board has the power to impose and collect hotel guest tax. It is also the authority for the imposition of a resort levy secured on behalf of the Promotion Boards.

The Hotels Encouragement Act
This act was designed to encourage the construction of hotels by providing for the exemption/refund of certain customs duties and certain taxation.

The Hotels Keepers Act
Outlines hotel and guest responsibility and liability regarding guest property and safety.

Promotion Of Tourism Act
The Act establishes the Minister for Tourism with the responsibility of promoting The Bahamas and increasing tourist traffic. The Act also provides the basis for co-operation between the Ministry of Tourism and the hotel industry.

Bahamas Vacation Plan & Time Sharing Act
Provides guidelines for the creation and management of timeshare projects and encourages growth of the industry by offering incentives to developers for construction and renovation. Also provides protection for timeshare purchasers.

The Employment Act
Adopted in 2001, the Act addresses requirements for standard hours of work, overtime, sick leave, vacation leave, maternity and family leave, redundancy, termination and dismissal.

The Immigration Act
Provides machinery for employment of persons who are not Bahamians or permanent residents and is an instrument of the Government's Bahamianization policy.

Public Holidays Act
Describes public holidays and permissible business openings, excluding hotels and restaurants.

The Business Licences Act
Requires every hotel to apply annually for a license. It outlines fee schedules and provides for powers of inspection.

The Liquor Licence Act
Established by the Licencing Authority for the granting and transfer of licences. Hotels and restaurants serving alcoholic beverages are required to be licenced.

The Music & Dancing Act
All hotels are required to have music and dancing licences if they provide entertainment.

The Lotteries & Gaming Act
Provides for a licence for premises carrying on the business of gaming and for the management of the same. The Gaming Board for The Bahamas is established under this Act.

Casino Taxation Act
This Act sets a basic tax and a winnings tax and provides for authority of inspection and collection.

National Insurance Act
Requires the obligatory coverage of all employed and self-employed persons by payment of contributions to the Board. The act also establishes a system of payments in respect of sickness, maternity, retirement, death, industrial injury, medical care and social assistance for insured and other persons.

Environmental Health Act
The Act prohibits the deposit, addition, emission or discharge into the environment of any contaminant or pollutant. A certificate of approval is required for the installation, construction, alteration, extension, production or replacement of any plant, structure, equipment, apparatus or mechanism which might emit or discharge any contaminant or pollutant. The Act also addresses food sanitation and disposal issues.

Real Property Tax Act
Describes taxation levels and exemptions (including exemptions for hotels with agreements under the Hotels Encouragement Act).

Boat Registration Act
Provides for the registration and inspection of boats.

For additional information or copies of the legislation please contact us at 322-8381 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it