Section XIX
Act No. 171/2005 Coll. on gambling games (including amendments to certain laws)
shall be
amended as follows:
1. In Article 3(1), first sentence, after the word “player” there
shall be inserted the words “after placing a
stake”.
2. In Article 3(4)(c), the words “SKK 10” shall be replaced with the words “at the
level of 50 euro cents”.
3. In Article 3(4)(f), the words “SKK 50,000” shall be replaced with the words “at
the level of EUR
1,500”.
4. In Article 5(1), after the first sentence there shall be inserted a new second
sentence reading as follows:
“In each casino there shall be at least five gaming
tables.”.
5. In Article 5(1), second sentence, after the word “also” there shall be inserted
the words “video
games,”.
6. In Article 10(2), subparagraph (f)
shall be deleted.
7. In Article 10(4), there shall be inserted
subparagraph (d) reading as follows:
“d) issue the authorization to conduct an inspection,
if technical control is a part of such an
inspection.”.
8 In Article 11(1)(e), the full stop at the end shall
be replaced with a comma and there shall be added the
following words: “whereas the costs connected with
their participation in the technical control shall be
born by the authorized testing laboratory.”.
9. In Article 11(2)(a), after the words “execution of
an inspection” there shall be inserted the words “or
the authorization to execute an inspection, if
technical control is a part of an inspection.”.
10. In Article 12, there shall be added subparagraph (e) reading as follows:
“e) natural persons and legal persons promoting
gambling games, for which no licence was granted or
issued, in the territory of the Slovak Republic.”.
11. In Article 20(6)(j), the words “fulfilment of
obligation” shall be replaced with the words “blocking of
financial collateral under Article 36(2) and
affirmation that no financial resources delivered from
loans, credits or other sources were used for making a
financial collateral”.
12. In Article 23, paragraph (2) shall
read as follows:
“(2) A decision on granting individual licence shall,
in addition to the particulars set out in a
separate legal provision4), state the type of gambling
game for which operation the individual licence is
granted, and the number of the account to which the
respective tax shall be paid under Article 37,
approve the gambling plan of the gambling game and a
specimen lottery ticket, if such tickets are to be
used by operation of the gambling game, and stipulate
the commencement date of operation of the
gambling game and the period for which the individual
licence is granted. The statement of the
decision on granting individual licence for operation
of gambling games, which license is granted by
the Ministry, may also include other characteristics
of technical equipment designated for operation of
gambling games.”.
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13. In Article 23(3), the full stop at the end shall be replaced with a comma and
there shall be added the
following words: “or upon request of a gambling operator.
If the individual license is withdrawn by a
municipality, the Ministry shall be informed of such
withdrawal within 15 days from the date on which
the individual license withdrawal decision becomes
final and conclusive.”.
14. In Article 24, paragraph (1) shall read as
follows:
“(1) The Tax Authority covering the field of gambling
games, having local competence for the
place where the gambling machine will be operated,
shall provide the gambling operator, after
granting the licence to operate the gambling game by
gambling machines, with an identification card
for each individual gambling machine. The gambling
machine operator shall tag the gambling
machines with the identification card on the machine
surface accessible to the supervisors in a manner
to prevent damage to the identification card through
operation of the gambling machine. Until the
identification card is issued, the gambling machine
can not be put into operation. The Tax Authority
covering the field of gambling games, having local
competence for the place where the gambling
machine will be situated, shall communicate to the
Ministry the number of identification cards issued
to the gambling operator within 15 business days after
the end of the calendar month in which they
were issued.
15. In Article 24(3), there shall be inserted a new
paragraph 3 reading as follows:
“(3) If the gambling operator relocates the gambling
machine to an other municipality, he/she shall
return the issued identification card to the issuing
Tax Authority under paragraph 1, and shall do so
before a new identification card is issued under
paragraph 1. The Tax Authority under paragraph
1shall not issue the new identification card, until
the original identification card is returned by the
gambling operator.”.
16. In Article 30(1), the words “within the scope of
authorization” shall be replaced with the words
“performed within the scope of and under the
conditions mentioned in authorization.”
17. In Article 30(2), the words “provide for” shall be
replaced with the words “apply with the authorized
testing laboratory in writing for”.
18. In Article 32(3), after subparagraph (e) there shall be inserted a new subparagraph f) reading as
follows:
“f) gambling currency,”.
The existing subparagraphs (f) to (l)
shall become subparagraphs (g)
to (m), respectively.
19. In Article 35, after paragraph (16) a new
paragraph (17) shall be inserted as follows:
“(17) The operator of gambling games operated by
gambling machines shall submit to the Ministry a
document on making a financial collateral and a
confirmation of fulfilment of the obligation under
Article 36(2) before filing an application for
granting a licence to operate gambling games by
gambling machines and at each change in the amount of
the financial collateral.”
20. In Article 36(1), the following sentence shall be added at the end: “The financial
collateral shall not be
subject to execution proceeding under a separate legal
provision.18a)”.
The footnote to reference 18a shall read as follows:
“18a) Act of the National Council of the Slovak Republic
No. 233/1995 Coll. on court distrainers and
distraint – the Distress Act - (including amendments
to certain laws), as amended.”.
21. In Article 36(2), the introductory sentences shall
read as follows:
“The applicant shall make the financial collateral to
a separate account in bank or branch of foreign
bank, and the security deposit shall be blocked in
favour of the Ministry during the whole validity
period of the licence. The applicant is not allowed to
use as financial collateral the financial resources
coming from loans, credits or other external sources.
The blockage can be cancelled only by a previous
written consent of the Ministry, if”.
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22. In Article 36(2)(c), the words “authority which
granted individual licence to the operator or which
issued general licence” shall be replaced with the
word “Ministry”.
23. In Article 36 (3), the words “or municipalities”
shall be deleted.
24. In Article 36(4)(a), after the words “ticket lotteries” there shall be inserted a
comma and the words
“instant lotteries”.
25. In Article 36(4)(d), the words “SKK 10,000,000”
shall be replaced with the words “at the level of
EUR 750,000”.
26. In Article 36(4), subparagraph (e) shall read as
follows:
“e) gambling machines, at the level of EUR 150 per
each gambling machine but at least at the level of
EUR 60,000 for one gambling operator,”.
27. In Article 36(4)(f), the comma shall be replaced
with the words “in a single casino,”.
28. In Article 36(4), subparagraph (g) shall read as
follows:
“g) gambling games listed in Article 3(2)(e), at the
level of EUR 750,000.”.
29. In Article 37(1)(k), the number “3” shall be
replaced with the number “5”.
30. In Article 37(4), the words “SKK 100” shall be replaced with the words “at the
level of EUR 5”.
31. In Article 37, after paragraph (7) there shall be
inserted a new paragraph (8) reading as follows:
“(8) If the taxes under paragraph (1) were not paid within the maturity period, the
supervisory
authority which administers the taxes shall begin to
collect the overdue payment.”.
The existing paragraphs (8) to (11)
shall become paragraphs (9) to (12), respectively.
32. In Article 40(4), the words “up to SKK 200,000” shall be replaced with the words
“not exceeding the
level of EUR 5,000”.
33. In Article 41(2), introductory sentence, the words
“over SKK 200,000” shall be replaced with the
words “exceeding the level of EUR 5,000”.
34. In Article 41(2)(b), the words “entry into force”
shall be replaced with the word “issuance”.
35. In Article 42(1), at the end of the introductory sentence there shall be added the
words “at the level”
and in subparagraphs a) and b) the words “SKK 200,000”
shall be replaced with the words “EUR
5,000”.
36. In Article 48, paragraph (3) shall
read as follows:
“(3) The stake per gambling game must not exceed 10
euro cents and the winnings per gambling
game must not exceed the amount at the level of EUR
15; this shall not apply to gambling machines
operated in casinos.”.
37. In Article 50(2), the words “SKK 100,000” shall be
replaced with the words “amount at the level of
EUR 3,000”.
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38. In Article 51, paragraphs (2) and (3) shall read
as follows:
“(2) For gambling games played through technical
equipment operated directly by the players, the
minimum stake shall be the amount at the level of 10
euro cents and the maximum stake per position
must not exceed the amount at the level of EUR 10. The
jackpot must not exceed the amount at the
level of EUR 3,000. These restrictions shall not apply
to gambling games played through technical
equipment operated directly by the players in casino.
(3) For operation of video games, the minimum stake
shall correspond to the amount at the level
of 10 euro cents and the maximum stake must not exceed
the amount at the level of EUR 10 per
gambling game. The jackpot must not exceed the amount
at the level of EUR 3,000. These restrictions
shall not apply to operation of video games in
casino.”.
39. In Article 51(6), after the words “operated directly by players” there shall be
inserted the words “or
five and more video game terminals”.
40. In Article 54(2), the words “SKK 100” shall be replaced with the words “at the
level of EUR 5”.
41. In Article 54(7), the following sentence shall be added at the end: “Liability for
any damage caused by
suspension of operation of a gambling game due to
failure of the supervised entity to provide
cooperation shall be born by the respective supervised
entity.”.
42. In Article 54, there shall be added paragraph 13
reading as follows:
“(13) If the fines or default interest under paragraph (1) were not paid within the maturity period,
the supervisory authority which imposed the fine or
which administers the taxes shall begin to collect
the overdue payments.”.
43. In Article 56(1), the words “a gambling operator” shall be replaced with the words
“a supervised entity
under Article 12(d)”.
44. In Article 56(2), the words “a gambling operator”
shall be replaced with the words “a supervised entity
under Article 12(a), (b) and (e)”, after the word “plan” there shall be inserted a
comma and the words
“the record of suspension of operation of a gambling
game”, and the following words shall be added at
the end: “or promote gambling games, for which no
licence was granted or issued, in the territory of
the Slovak Republic.”.
45. In Article 57(2), there shall be added subparagraph (e) reading as follows:
“e) the collection of overdue payments under Article
37(8) and Article 54(13).”.
46. In Article 57, after paragraph (2)
there shall be added a new paragraph (3) reading as follows:
“(3) The collection of overdue payments under Article
37(8) and Article 54(13)
shall be subject,
as appropriate, to the provisions of a separate legal
provision on tax execution proceedings.22)”.
The existing paragraphs (3) and (4) shall become paragraphs (4) and (5), respectively.
The footnote to reference 22 shall read as follows:
“22) Act of the National Council of the Slovak Republic
No. 511/1992 Coll. as amended.”.
47. After Article 57, there shall be inserted Article 57a reading as follows:
“Article 57a
The Ministry may issue a generally binding legal
regulation laying down
a) requirements for equipment and systems used in
operation of gambling games,
b) elements of application for expert examination of
equipment and systems used in operation of
gambling games.”.
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48. After Article 58, there shall be inserted Article 58a which, including the heading,
shall read as follows:
“Article 58a
Transitional provisions
effective as of 1 January 2008
(1) Gambling operators and authorized testing
laboratories shall ensure compliance of their legal
relations with this Act by the euro introduction date
pursuant to separate legal provision.23)
(2) In a case of change in information and facts
according to this Act, operators of gambling
games other than games referred to in Article 3(2)(d)
who were granted individual licence under
existing provisions shall apply for amendment to the
granted individual licence in accordance with
Article 21(13) by 30 June 2008 at the latest,
otherwise the individual licence granted under existing
provisions shall expire at the end of the term for
which it was granted but not later than as at the euro
introduction date laid down by a separate legal
provision.23) Individual licence of the gambling
operators whose application for amendment to the
granted individual licence according to the first
sentence was not approved shall also expire as at this
date.
(3) For the purposes of proceedings on granting of
individual licence to operate gambling games
through gambling machines in the year 2009, which
license is granted by municipality, the euro shall
not be treated as a foreign currency; it shall apply
also to proceedings initiated before 1 January 2009.
The provisions of Articles 36(17) and 36(2), first
sentence, in the wording effective as of 1 January
2008, shall be for the first time applied before
filing an application for granting a licence to operate
gambling games by the gambling machines for the year
2009.
(4) Expert examination documents concerning the
equipment and systems specified in Article
30(2), which are certificates under Article 32
attached to application for granting or amending
individual licence in proceedings under paragraphs (2) or (3),
shall state also information on the
gambling currency. Such certificates shall come into
force on the date on which the decision on
granting or amending of individual licence which was
issued in proceeding under paragraphs (2) or (3)
becomes final and conclusive. Upon the application of
gambling operator, authorized testing
laboratory shall be entitled until 31 December 2010 to
attest repeatedly the validity of such certificates.
Should an authorized testing laboratory not attest
repeatedly the validity of such certificates as of 31
December 2010 at the latest, such certificates shall
expire.
(5) Certificates issued under existing provisions
shall expire as at the euro introduction date in the
Slovak Republic.23) Certificates expiring, according to the validity
date stated therein, earlier than on
the euro introduction date in the Slovak Republic
shall expire as at the date stated on the certificate.
(6) Proceedings under paragraphs (2) and (3) shall not be subject to time limits laid
down by
existing provisions. The decisions of the Ministry or
a municipality regarding the applications under
paragraphs (2) and (3) shall be adopted within 30 days from the date of filing of a complete
application.
(7) Proceedings on granting of individual licence,
which were commenced but not validly
concluded before 1 January 2008, shall be concluded in
accordance with the existing provisions.
(8) Proceedings on collection of overdue payments of
taxes under Article 37 or
sanctions under
Article 54(1)(e) and (f), which were commenced but not
validly concluded before 1 January 2008,
shall be concluded in accordance with the existing
provisions.
(9) For the purpose of conversion, to the Slovak
korunas, of monetary rates which are stated in
euro cents or euros in this Act, during the period
from 1 January 2008 to the date immediately
preceding the euro introduction date in the Slovak
Republic the foreign exchange reference rate set and
published by the National Bank of Slovakia shall be
used, whereas within the individual calendar
months the exchange rate ruling on the first day of
the respective calendar month shall apply, and the
rate resulting from the conversion shall be rounded to
whole korunas.
(10) The Tax Authority according to Article 24(1), in
the wording effective as of 1 January 2008,
shall for the first time communicate to the Ministry
the number of identification cards issued to the
gambling operator after granting the licence to
operate gambling games by the gambling machines for
the year 2009.
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(11) The procedure to cancel the blockage of financial
collateral and to use financial collateral in
operation of gambling games by gambling machines
blocked in favour of the municipality shall be
governed by the existing provisions.”
The footnote to reference 23 shall read as follows:
“23) Act No. 659/2007 Coll. on the introduction of the euro currency in the
Slovak Republic
(including amendments to certain laws).”.