171
THE ACT
of March 16, 2005
on Gambling Games and on Amendment and
Supplement to Some Acts
The National Council of the Slovak Republic has adopted a
resolution on the following Act:
Article I
PART I
GENERAL PROVISIONS
(1) This Act
amends
a) the conditions for the operation of gambling
games,
b) the rights and duties of the operators of
gambling games and gamblers,
c) the conditions for the use of technical
equipment designated for the operation of gambling games,
d) some conditions of the establishment and
activity of
the National Lottery Company,
e) the engagement of the public administration
and municipality bodies in the field of gambling games,
f) supervision over the operation of gambling
games.
(2) The purpose of this Act is
in the public interest to create the conditions for the protection of public
order during the operation of gambling games and securing community
compensation of risks ensuing the operation of gambling games and participation
in them.
For
the purpose of this Act
a) the operator of a gambling game is understood
as a legal person that was granted an individual license in accordance with
this Act by a relevant body of the public administration or municipality, or a
legal person that fulfilled the conditions of
a general license issued by the Ministry of Finance of
the Slovak Republic (hereinafter referred to as the “Ministry”) and handed in a
notification according to Section 19,
b) the operation of a gambling game is
understood as the execution or contractual securing of execution of activities
needful for
the realization of a gambling game according to the game plan, and that is
always in the currency of the operator of a gambling game,
c) the game plan is understood as a set of rules
including the rules of a gambling game, the rules and the manner of stake
taking and their amount, the rules and the manner of making a bet, if
determination of a bet is also the essence of a gambling game,
a number of lots and price of one lot, if they will be issued,
the possibilities of a return of a contribution, the rules, deadlines and the
manner of payout of the winning, a Complaint Code and other requirements
specified in this Act; a Complaint Code is understood as a set of rules
determining the conditions of
lodging a complaint including the manner and deadline for lodging a complaint,
d) the rules of a gambling game are understood
as the conditions of participation in a gambling game, the manner of determination
of the result of a gambling game, the winners, the winning and its amount,
e) a gambler is understood as a natural person
that fulfilled the conditions of participation in a gambling game,
f) a license is understood as a General License and Individual License, unless in individual provisions of
this Act there are stated only a general license or only an individual license,
possibly individual licenses for the operation of individual types of gambling
games,
g) a bet is understood as a value determined by
a gambler, which will be compared with the value determining the result of
a gambling game,
h) a stake is understood as a payment of cash or
provision of another asset value that is needed for a gambler to take part in a
gambling game,
i) prize principal is understood as a sum meant
for a payout of prizes, which will be allotted to winning gamblers according to
a gambling game rules,
j) a winning is understood as a result of one
gambling game, on the basis of which a gamblers is entitled to a payout of
funds or other asset values,
k) a premium game is understood as a part of a
gambling game, in which it is played for jackpot, which is made of the parts of
the gamblers’ stakes according to the conditions determined in the game plan,
whereas jackpot is one of possible winnings that will be obtained by a gambler
according to the conditions determined in the game plan,
l) a state lottery is understood as a gambling
game that is made of numerical lotteries, especially bingo and gambling games
operated by means of the Internet
m) an applicant is understood as a legal person
that submitted an application for granting an individual
license,
n) a financial security is understood as the sum
stipulated by this Act, with which an applicant and the operator must have at
their disposal only in accordance with this Act,
o) a gambling house is
understood as a room or set of rooms constructionally connected with each other
and interconnected, purpose fitted and set up
for the operation of gambling games, where it is gambled especially on gambling
machines or technical equipment operated directly by gamblers; a gambling house must be situated in an isolated area,
p) multiple gambling is understood as a gambling
game implementation method, in which gamblers have apart from
a single possible winning still a possibility of further winning,
q) casino is understood as a gambling house
where board games, possibly gambling machines and gambling games are operated by means of technical equipment operated
directly by gamblers in a casino.
(1) Gambling games are the games in which
a gambler may obtain a winning in cash, material prize, or prize in rights, if
he fulfils the conditions prescribed by the game plan beforehand.
A result of a gambling game depends solely or largely on luck or
a previously unknown result of a certain circumstance or incident.
The result of a circumstance or incident that determines the result of a
gambling game must not be known to anyone beforehand and must not be tamperable
by anyone and must not be at variance with the rules of a gambling game.
(2) Gambling games are
a) lottery games,
b) casino gambling games,
c) bet games,
d) gambling games operated by means of gambling
machines,
e) gambling games operated by means of technical
equipment operated directly by gamblers or operated by means of
telecommunication equipment, and video games,
f) gambling games operated by means of the
Internet,
g) games that are not gambling games according
to letters
a) to f), if they fulfil the conditions stipulated in Paragraph 1.
(3)
Gambling games may be operated only on the basis of
a license issued or granted according to this Act and under conditions
stipulated by this Act.
(4) Gambling games are not considered to be
a) sports competitions with prizes for
participants,
b) games of a relaxation or sport character,
even if a stake is necessary for participation in them, which is not refundable
if the participant loses,
c) entertaining games with material prizes by
means of a gambling device, if the stake does not exceed the sum of SKK 10,
d) games by means of
a gambling device in which a winning is another game on the same gambling
device,
e) quizzes based on
answers to questions or proving knowledge and skill, if the result is determined
primarily on the basis of proving knowledge and skill,
f) other games and raffles, if the gambling
principal does not exceed the sum of SKK 50,000.
(5) Also promotional contests that
are not an independent business activity and serve only for sales promotion of
goods and services and during a payment of which a stake is not the condition
according to this Act are not considered to be gambling games. Promotional
contests are understood as contests, games, inquiries and other campaigns, in
which the participants selected by random sampling obtain winnings and during
which the purchase of certain goods, service or other fulfilment and a proof of
this purchase to the organizer of the promotional contest or conclusion of a
contractual relation with the provider of winnings to the promotional contest
or participation on the promotional or advertising campaign is the condition
for participation, and that is also indirectly through another person. The
payments made for the purposes of obtaining the fulfilment from the organizer
of the promotional contest or provider of winnings to promotional contest are
not according to this Act considered to be stakes.
(6)
Games that do not guarantee equal conditions to all gamblers including the
possibility of winning, especially pyramid games or chain games, are
prohibited.
(7) The operation of foreign gambling games on the
territory of the Slovak Republic is prohibited. Also individual sale of lots,
taking bets and payout of winnings, including mediation of such activities, in
gambling games according to Paragraph 2, the operator of which is a foreign
entity and during which the stakes are paid abroad, are prohibited on the
territory of the Slovak Republic.
(1) Lottery games
are gambling games, during which the winnings are announced and allotted
according to the rules stipulated by the game plan beforehand, whereas a
winning is a consequence of
a) guessing a certain number, several numbers,
combination of numbers, numerical order, symbol, picture (hereinafter referred
to as “number”) or
b) acquisition of a voucher, coupon, ticket, or
other document, which contain a value, which will be compared with a value
determining a result of a gambling game, and acquisition of which is a
condition of participation in
a gambling game in accordance with the conditions of
a gambling game (hereinafter referred to as “lot”).
(2) The value determining a result of a lottery game is set
by a random determination of a number or lot (hereinafter referred to as
”drawing of lots”).
(3) Lottery games are especially
a) draw lotteries,
b) raffles,
c) numerical lotteries,
d) bingo,
e) instant lotteries.
(4) Draw lotteries are lottery games in
which the operator of a gambling game issues the number of lots with serial
numbers stipulated by the game plan and which enables
a multilevel game. A multilevel game is
understood as such manner of implementation of a gambling game, in which
gamblers have apart from one possible winning also
a possibility of further winning. If lots are allotted to several series, each series must
contain identical numbers of lots and each lot must be marked besides a serial number also by the specification of a series. The
selling price of each draw lottery lot must be identical in all series. All issued
lots are included in the drawing of lots.
(5) Draw lotteries are divided according to the subject of
winning especially to draw pecuniary lotteries, draw pecuniary-.in-kind
lotteries and draw in-kind lotteries
(6) Raffles are lottery games, in which only sold lots are
included in the draw. Winnings from raffles are drawn publicly according to the
previously determined and declared rules, whereas a winner is a gambler that
holds a lot with a number or another designation identical with a drawn number
or another designation of a lot. The lots are sold and winnings from raffles
are announced and issued on the day and in the place of drawing of lots.
(7)
Numerical lotteries are lottery games, in which
the operator of a gambling game is obliged to provide
a gambler with a winning stipulated according to the rules stated in the game
plan, if he submits a certificate of stake on a bet made, whereas these rules
determine a winner according to the fact, whether the bet corresponds with
drawn numbers from a limited number of publicly drawn numbers. During numerical
lotteries neither the number of gamblers nor amount of gambling principal is
determined beforehand. The winning is calculated according to the number of
winners and aggregate amount of stakes by a proportion previously determined by
the game plan, possibly it is determined by a stake multiple. One gambler can
also make more bets, whereas also the stake amount that must be paid increases
with the number of bets.
(8) Numerical lotteries are especially lotto, beano, and
complementary game, whereas
a) lotto is a numerical lottery, in which the
prize is calculated according to number of winner and aggregate amount of
stakes by a proportion previously determined by the game plan, total sum
appointed for winnings is allotted in more sequences and all winnings of that
identical sequence must be of the same amount,
b) Beano is a numerical lottery, in which the
winning is determined by a stake multiple according to the rules stated in the
game plan,
c) Complementary game is a numerical lottery,
which may be operated only together with another numerical lottery, in
a public drawing of lots one winning number is drawn and the winners are those
gamblers that have a completely or partially identical number on a lot, the
total sum appointed for winnings is allotted in more sequences and all winnings
of identical sequence must be of the same amount.
(9) Bingo is a lottery game operated in gambling houses, in
which previously non-determined number of lots is drawn from
a closed numerical sequence whereby the gamblers and gambling principal amount
are not determined beforehand. The amount of individual winnings is determined
according to aggregate amount of stakes, prize principal, type of prize of
bingo category and results of drawing of lots. Special bingo is a specific type
of bingo. Special bingo is a bingo, in which the stakes are taken and winnings
are paid out in the collection points. The drawing of lots and the entire
course of a special bingo is realized centrally in one place, whereas its
course and results are generally released by mass media means.
(10) Instant lotteries are lottery games in which a gambler
finds out a possible winning after the purchase of a lot by rubbing down its
marked, covered part. The lots must be marked with a serial number and the
number of a series.
(1) Casino
gambling games are board games, during which the gamblers play against the
casino representative or against each other on gambling tables; board games are
especially roulette, card games and dice games. Casino gambling games are also
gambling games operated by means of technical equipment operated directly by
gamblers and by means of gambling machines.
(2)
Roulette is a casino gambling game during which, by determination of numerical
combinations, symbols or other signs
a position in which a ball thrown into a mechanically rotating device stops.
The winning is calculated from the amount of stakes and winning proportion
according to the rules determined in the game plan beforehand.
(3) Card games and dice games are casino gambling games,
during which the winner or the amount of the winning is determined on the basis
of the dealt cards symbols or achieved number of points on dice, or a
combination of values on dice.
(1) Bet games are
gambling games, in which the winning depends on guessing a result of a sports
betting event or non-sports betting event or related circumstance. Sports
betting event is sports competition, races, horse racing. Non-sports betting event is a social,
political or another event of a public interest, if it good manners are not
contradicted. Betting event can have at least two different results, which are
not impacted in any way by the operator of a bet game.
(2) Bet games are especially totalizator, exchange bets and
horse racing bets.
(3) Totalizator is a bet game in which the winning amount
depends on the number of winners to the total amount of stakes ratio and
previously determined proportion of winnings. Total sum appointed for winnings
is allotted in more sequences; all winnings of the same sequence must be
equally high.
(4) Exchange bets are bet games, in which the winning
amount depends on a winning ratio and stake amount; the winning ratio is understood
as an exchange rate, in which a bet was taken.
(5) Horse racing bets are bet games, in which the winning
depends on guessing a sequence in performance tests of racing race horses and
the winning amount depends on the number of winners to the total amount of
stakes ratio in a previously determined proportion of winnings and on the
winning to stake amount ratio.
Gambling games
operated by means of gambling machines are gambling games, during the operation
of which gambling machines are used. A gambling machine is electronically,
electronic-mechanically or mechanically controlled device and makes a compact,
functionally indivisible and program-controlled technical equipment with the
control meant for one gambler only, which enables to obtain a winning according
to the conditions stipulated by this Act. If a gambling machine has software
enabling a simultaneous game in more gambling points and these gambling points
can function independently and separately from each other, then each such point
is regarded as an independent gambling machine.
(1) During
gambling games operated by means of technical equipment, operated directly by
gamblers or operated by means of telecommunication equipment1) or
during the operation of video games the number of gamblers is not determined
beforehand and neither is the amount of stakes known beforehand; the winning is
calculated from the amount of stakes or according to the conditions determined
in the game plan.
Gambling games operated
by means of the Internet are gambling games, in which a gambler participates
through connection to the Internet to the game server of the operator of
a gambling game or a subject authorized by him, on which game systems are
placed in software way, through which a gambling game is operated, whereas a
gambler always plays against this game system. The transmission and collection of data and information connected
with the operation of gambling games realized by means of the
Internet is not considered to be a gambling game by means of the Internet.
PART
II
CHAPTER ONE
ENGAGEMENT OF THE PUBLIC ADMINISTRATION AND MUNICIPALITY
BODIES IN THE FIELD OF GAMBLING GAMES
(1) Public administration bodies in the field of gambling
games are:
a) The
Ministry,
b) Tax Directorate of the Slovak Republic,
c) Tax Offices.
(2) The Ministry
a) exercises control according to a special
regulation3) over observance of this Act and other generally binding
legal regulations by force of the Tax Directorate of the Slovak Republic, Tax
Offices, municipalities of the Slovak Republic and authorized testing
laboratories according to Section 30 Para. 5,
b) can exercise supervision over observance of
this Act, other generally binding legal regulations and conditions determined
in the license granted or issued according to this Act by the Ministry or
municipality,
c) coordinates the Tax Directorate of the Slovak
Republic methodically, Tax Offices and municipalities in the field of exercising
supervision,
d) issues a General License and decides on
granting an Individual License, as it is stipulated by this Act,
e) decides on issuance of authorization for
professional examination with the statement of its extent,
f) issues authorizations for execution of an
inspection for an authorized testing laboratory, if technical inspection is a
part of supervision.
(3) The Tax
Directorate of the Slovak Republic
a) creates, maintains and operates a tax
information system in the field of the operation of gambling games,
b) keeps a central register of the operators of
gambling games,
c) updates the database and provides information
to the Ministry,
d) methodically coordinates the Tax Offices
during the operation of the tax information system in the field of gambling
games,
e) decides as the most superior body in the
relation to Tax Offices in the administrative action according to a special
regulation,4) in case of fines imposed to the operators of gambling
games by them, within the extent of this Act.
(4) Tax Office
a) exercises supervision over observance of this
Act, other generally binding legal regulations and conditions determined in the
license granted or issued according to this Act by the Ministry and it is a second degree body of appeal for municipalities in the
matters
1) Section
3 Par. 1 of Act No. 610/2003 Coll., on electronic communication.
2) Section 4 Par.
1 of Act No. 610/2003 Coll.,
3) The National
Council of the Slovak Republic Act No. 18/1996 of Coll., on the control of the
public administration as amended.
4) Act No. 71/1967
Coll., on administrative proceedings (administrative order) as amended.
of individual licenses granted for the
operation of gambling machines,
b) executes an administration of levies to the
state budget,
c) can execute supervision over observance of
this Act, other generally binding legal regulations and conditions determined
in an individual license granted according to this Act by municipality; Tax
Office shall write a report on the result of supervision and will send it to
the municipality and the operator of a gambling game.
(5) Municipality
a) exercises supervision over observance of this
Act, other generally binding legal regulations and conditions determined in an
individual license granted according to this Act by the municipality,
b) executes administration of levies to the
municipality budget,
c) decides on granting an individual license, if
it is thus stipulated by this Act.
CHAPTER TWO
SUPERVISION
(1) Employees of
the subjects authorized to exercise supervision according to Section 10
(hereinafter referred to as “supervisory body”) are during the exercise of
supervision authorized to
a) enter a registered office of the operator of
a gambling game and a gambling house, real estate land and other objects or
premises that are connected with the operation of gambling games within the
range inevitably necessary for the purposes of a supervision exercise,
b) request from a subject under supervision
provision of originals of documents in a specified period, other papers,
statements and information including technical data mediums necessary for the
exercise of supervision,
c) secure documents, possibly a gambling
machine, technical equipment, other devices or systems in well-founded cases
according to Section 30 Par. 2 and withdraw them in order to secure evidence
and other tasks connected with supervision,
d) require cooperation from a subject under
supervision necessary for the exercise of supervision, if the purpose of
supervision cannot be achieved otherwise,
e) invite the employees of an authorized testing
laboratory, if technical inspection is also a part of supervision; the
employees of an authorized testing laboratory are obligated to take part in
this inspection.
(2) The employees of the supervisory body are during the
exercise of supervision obliged to
a) prove their identity by authorization for
exercise of supervision, whereas the employees of the Ministry prove their
identity by authorization from the Finance Minister of the Slovak Republic, the
employees of Tax Offices prove their identity by a service card warranting for
exercise of supervision, the employees of Municipality prove their identity by
authorization from the municipality Mayor,
b) issue a confirmation on withdrawal of the
document originals, other papers, statements, information including technical
data mediums, equipment and to secure their due protection from loss, damage
and, misuse to the subject under supervision; if these documents or items are
not necessary for further exercise of supervision, they are obligated to return
them to the one from whom they were withdrawn and issue a confirmation of their
return,
c) notify the subject under supervision on the
result of supervision within a necessary extent and request from him
a statement on all actual facts,
d) elaborate a report on the supervision result
(hereinafter referred to as ”report”), which must contain
1. the name and the registration office of a
supervisory body and first name and surname of a natural person that performed
supervision,
2. the name or business name of a subject under
supervision, if it is a legal person, or the first name and surname of
a subject under supervision, if it is a natural person,
3. the place, date and the time of the
supervision exercise,
4. the period under supervision,
5. the subject of supervision,
6. established findings,
7. the first name and surname and signatures of
a natural person, who elaborated the report, and statutory representatives and
possibly authorized employees of the subject under supervision,
8. The date of report elaboration,
e) negotiate the report with a subject under
supervision; if
a subject under supervision refuses to sign the report, it is regarded as
settled and this fact shall be stated by an employee of the supervisory body in
the report,
f) hand in the report to the subject under
supervision,
g) draw up a record in case
of searching activity, which must contain the requirements stated in letter d)
apart from signatures of the statutory representatives possibly, authorized
employees of the subject under supervision,
h) report a suspicion of a crime to the bodies
engaged in criminal proceedings and other facts to the bodies that are relevant
according to special regulations.5)
The
subjects under supervision according to this Act are
a) the operators of
gambling games,
b) natural persons authorized to conduct
business and legal persons that share in the operation of gambling games or on
the basis of a contractual or similar relation perform activities for the
operator of a gambling game,
c) natural persons that on the basis of an
employment relationship, similar legal relation or other contractual relation
with the operator of a gambling game perform activities during the operation of
gambling games,
d) natural persons and legal persons that
operate gambling games without a license according to this Act.
5) For instance, the Code of Criminal Procedure,
Act of the Slovak National Council No. 372/1990 Coll., on offences as amended,
Act of the Slovak National Council
No. 511/1992 Coll., on administration of taxes and fees and on changes in the
system of territorial financial bodies as amended, Act No. 367/2000 Coll., on
protection from legalization of income from criminal activity and on amendment
and supplement to some Acts as amended.
(1) A subject
under supervision is entitled apart from the rights stated in a special Act3)
a) to be present in person or through a
plenipotentiary during the exercise of supervision,
b) to express himself in writing in the course
of the exercise of supervision to all found facts,
c) to
express himself in writing to the report containing the findings of the
supervisory body within ten days from the delivery at the latest;
these statements form a component of the report.
(2) The subject
under supervision is obliged to
a) create suitable material and technical conditions
for the exercise of supervision and provide cooperation within an extent
inevitable for the purpose of the supervision exercise,
b) turn up at report negotiations upon request
of the supervisory body,
c) take measures to remove found shortcomings
and causes of their occurrence in a specified period and to present to the
supervisory body a list of these measures,
d) to present to the supervisory body in a
stipulated period a written report on the fulfilment of measures accepted for
the removal of found shortcomings).
(1) The employees
of the supervisory body are obliged to maintain confidentiality
on the facts that they discovered during performance of their activity. This
obligation continues even after the termination of an employment relation or
performance of activity.
(2)
Provisions of a special regulation are not effected by the provision of
Paragraph 1.6)
(3) The persons according to Paragraph 1 may be relieved of
an obligation to confidentiality by the head of the supervisory body.
(4) Infringement of confidentiality is not regarded to be
a notification or making a subject of confidentiality available to
a) another supervisory body or another employee
of the same body for the purpose of the exercise of supervision,
b) to the bodies relevant according to this Act
to decide on remedial instruments for the purposes of decision-making on
remedial instruments,
c) the Ministry for the purposes of the
fulfilment of tasks according to this Act or special regulations,7)
d) the bodies effective in the criminal
proceedings, criminal police service and financial police service of the Police
Force on the basis of special regulations,8)
e) the bodies authorized ;line-height:11.0pt;mso-line-height-rule:exactly;mso-pagination:none;
tab-stops:14.2pt;mso-layout-grid-align:none;text-autospace:none'>i) the representative authorized to represent
the supervisory body in the proceedings before the Court,
j) an authorized testing laboratory in case it
carries out
a technical inspection or assessment of the device upon request or for the
purposes of the supervisory body, the Ministry or bodies stated in letter d).
(5) Infringement of confidentiality is not regarded to be
a notification or making a subject of confidentiality available with the
written consent of this subject under supervision that a subject of
confidentiality applies to.
Supervision is
terminated as of the day of report negotiations with the subject under
supervision.
CHAPTER THREE
LICENSES
Section 16
Licenses
according to this Act are:
a) a General License,
b) an Individual License, which are
1. a license for the operation of lottery games,
2. a license for the operation of casino
gambling games,
3. a license for the operation of bet games,
4. a license for the operation of gambling games
by means of gambling machines,
5. a license for the operation of gambling games
by means of technical equipment operated directly by gamblers or operated by
means of telecommunication equipment and operation of video games,
6. a license for the operation of gambling games
by means of the Internet,
7. a license for the operation of state lottery,
8. a license for the operation of gambling games
according to Section 3 Par. 2 letter g),
6) Act No. 211/2000 Coll., on free access to
information and on amendment and supplement of some Acts (The Act on freedom of
information)
7) For instance, Act No. 150/2001 Coll., on
tax bodies and by which Act No. 440/2000 Coll., on administration of financial
control is amended and supplemented as amended by Act No. 182/2002 Coll., Act
No. 152/1998 Coll., on complaints.
8) The Code of Criminal Procedure, as
amended
Act of the National Council of the
Slovak Republic No.171/1993 on Police Forces as amended.
9) Act of the National Council of the Slovak
Republic No. 39/1993 Coll., on the Highest Auditing Body of the Slovak Republic
as amended.
Act No.
575/2001 Coll., on organization of activities of the Government and
organization of the central public administration, as
amended.
Act of the National Council of
the Slovak Republic No. 10/1996 Coll. of Act as amended.
10) For instance, the Civil Rules of the Court
as amended, Act No. 328/1991 Coll., on bankruptcy and settlement, as amended,
Section 8 of Act No. 65/2001 Coll.. on administration and recovery of court
debts.
(1) A license may
be granted or issued only to a legal person with a registered office on the
territory of the Slovak Republic. If legal persons with foreign property
participation are concerned,
a license may be granted or issued only to a legal person with foreign property
participation with the registered office or permanent residence in a member
state of the European Union or
a member state of the Organization for Economic Cooperation
and Development.
(2) A license may be granted or issued also for an
established legal person prior to its entry in the Trade Register or similar
public register, if it fulfils the conditions stipulated by this Act for
granting and issuance of license. A license is valid as from the day of this
legal person’s entry in the Trade Register or similar public register. If a
legal person does not submit a proposal for entry in the Trade Register or
similar public register within 90 days from accepting
a resolution on granting an individual license or as from the day of
publication a general license or if the registered court or other relevant body
does not enter a legal person in the Trade Register or similar public register,
a legal person must return a license to the body that granted or issued a
license.
(3) A license may not be transferred to another person, and
that is not even as a component of the enterprise during transferring an
enterprise or its part, and the license does not pass to a legal successor in title in the event of fusion, merger, possible split of the
operator of a gambling game.
(4) The conditions for granting or issuing a license must
be fulfilled throughout the whole period of license validity.
(1) Draw in-take
lotteries and raffles may be operated on the basis of a general license issued
by the Ministry and after meeting the obligation to
report according to Section 19. In the general
license the Ministry will determine conditions for the operation of draw
in-take lotteries and raffles.
(2) The Ministry shall issue the general license for a
number of legal persons not determined beforehand according to Section 17 Par.
1 and 2, which after the fulfilment of the conditions specified therein, may
operate a gambling game for which this license is issued. General license is
issued for an indefinite period.
(3) The conditions stated in the general license are
especially
a) game plan prerequisites,
b) the method and period of payment for a
financial security according to Section 36,
c) method of payment of levy according to
Section 37,
d) factual and content prerequisites of a lot,
e) conditions for drawing of lots,
f) the requirements that must be fulfilled by a
natural person, that is responsible for the operation of a gambling game,
concerning the experience and education of this person and its position in a legal
person according to Section 17 Par. 1 and 2,
g) the method, extent and time of storage of
documents concerning a draw in-take lottery and raffle,
h) prerequisites of a drawing in-take lottery
and raffle notification.
(4) The conditions specified in the general license must
correspond to the nature of a gambling game that the general license is issued
for; they have to be adequate, transparent and must not
disadvantage persons interested in the operation of gambling games on the basis
of general license.
(5) The Ministry shall make a draft of the general license
public in the manner according to a special regulation, at least
90 days before its expected declaration together with a call for submission of
comments and information on where and in what deadline they may be applied to
the draft of the general license; this deadline must not be shorter than 30
days as from the day of the release of this draft. The Ministry shall release
the evaluation of comments to the draft of the general license in the manner
according to a special regulation.
(6) The Ministry shall declare the general license by
release in the Financial Bulletin of the Ministry. A general license shall come
to force as of the day of its release, unless a latter date of coming to force
is stated.
(7) Paragraphs 5 and 6 shall be applied adequately also
when amending or rescinding the general license.
(8) In the case of amendment and rescinding of the general
license, the operators of gambling games that fulfilled
the obligation to report according to Section 19, terminate
the operation of a draw in-take lottery and raffle according to
the original general license.
c) game plan of a gambling game,
d) the date of beginning and termination of the
operation of
a gambling game,
e) the levy amount, if it is possible to assess
before the beginning of the operation of a gambling game,
f) further details that are determined by the
general license.
(3) The Tax Office shall on the basis of delivery of a full
report according to Paragraph 1 register a legal person to the register of the
operators of gambling games on the basis of the general license. If the report
is incomplete, the Tax Office shall according to Paragraph 1 call on a legal
person to complete it within ten days from the delivery of such report at the
latest,
whereas it shall determine a deadline, which must not be
shorter than five days. The Tax Office, to which a legal person according to
Paragraph 1 delivered a full report, shall confirm to this person the
fulfilment of the obligation to report within seven days from the day of
delivery.
(4) The operation of a gambling game by a legal person
according to Paragraph 1 without delivery of the report within the specified
deadline or without completion of an incomplete report is considered as the
operation of a gambling game without license.
(5) The Tax Directorate shall submit to the Ministry as to
30 April and 30 October a list of legal persons according to Paragraph 1
recorded to the register of the operators of gambling games on the basis of the
general license for a period of the previous six months. The Tax Directorate of
the Slovak Republic shall state in this list, the name possibly business name,
registered office and identification number of the operator of a gambling game,
as well as the amount of levy, if it is already known. The Ministry releases
the list of operators of gambling games on the basis of the general license on
the Internet.
(1) An
application for granting an Individual License may be filed only by a
joint-stock company or limited-liability company, if the application is filed
by a joint-stock company, its shares must be issued as registered shares.
(2) The share capital of an applicant must be at minimum
a) SKK 1,000,000 in draw pecuniary lotteries,
b) SKK 1,000,000 in instant lotteries,
c) SKK 2,000,000 in bingo games apart from a
special bingo,
d) SKK 2,000,000 in gambling games operated by
means of gambling machines,
e) SKK 100,000,000 in bet games,
f) SKK 10,000,000 in gambling games operated by
means of technical equipment operated directly by gamblers and in gambling
games operated by means of telecommunication equipment and in the operation of
video games,
g) SKK 50,000,000 in casino gambling games.
(3) The share capital must be paid-up only by a monetary
deposit and must be paid-up on the day of filing of an application for granting
Individual License at the latest.
(4) An applicant shall state in the application for
granting an Individual License
a) the business name and registered office,
b) identification number if it was already
assigned to the applicant,
c) the amount of the share capital,
d) a list of partners or shareholders, possibly
allottees, in which there has to be quoted
1. the business name, registered office,
identification number or first name, surname, permanent residence and birth
number of the partner or shareholder, possibly allottee or the date of birth,
if the birth number was not assigned,
2. the number and total nominal value of shares
that are owned by a shareholder, possibly the number and total nominal-
value of shares that have been allotted
by an allottee, or the amount of the partner’s deposit and amount of his
business share,
3. the details on voting rights of the
shareholder or partner,
e) information on voting rights of the
shareholder or partner, who has more than 10 % of voting rights in other legal
persons including legal persons with the registered office outside the territory
of the Slovak Republic, and the details on owners of such shareholder possibly
allottee or partner,
f) the first names, surnames and birth numbers,
or the date of birth if a birth number was not assigned, of members of the
board, supervisory board, if it is established, executive heads, procurators
and natural persons responsible for internal control,
g) the first name,
surname and birth number, or the date of birth if a birth number was not
assigned, of a professional competent natural person holding an office of a
statutory body or a member of a statutory body that will be responsible for the
operation of a gambling game,
h) regional extent
of the operation and location of a gambling game,
i) description of technical equipment, device
used during the operation of video games or telecommunication equipment for the
operation of a gambling game,
j) description of other equipment and systems
specified in Section 30 Par. 2, if they will be used during the operation of a
gambling game,
k) a period during which a gambling game will be
operated and the estimated date of the beginning of the operation of
a gambling game.
(5) An applicant must prove
a) the payment of the share capital and
financial security in the full amount by enclosing account statements with the
bank or
a branch of a foreign bank,
b) a well-arranged, credible
and legal origin of the share capital and financial means presenting the
financial security, and that is by quoting the facts on the origin of the share
capital and these financial means,
c) professional competence of natural persons
responsible for the operation of a gambling game, and that is by enclosing a
professional curriculum vitae with the summary of special working experience
and completion of vocational training and short-term attachments including
statutory declarations that the data in a curriculum vitae are true, whereas
these persons signatures on statutory declarations must be officially certified,
d) material-technical securing of the operation
of a gambling game including securing electronic data transmission through a
safe communication, if it will be used during the operation of a gambling game,
e) the number of employees and number of
subjects with which the applicant will cooperate during the operation of a
gambling game.
(6) An applicant shall enclose to the application for
granting an individual license
a) an extract from the Trade Register, no older
than three months from the day of filing an application for granting an
individual license, if it concerns only the established companies, articles of partnership or establishment deed,
b) statutes,
c) a draft of an organizational structure of an
applicant,
d) a draft of a business-financial concerning
the operation of
a gambling game, which must contain especially
1. the expected extent of the operation of a
gambling game in terms of the volume of gained proceeds
and possibilities of expansion in terms of financial, personnel and
organizational possibilities of an applicant in the first three years,
2. the estimated expenditure expended for the
operation of
a gambling game,
3. the estimated financial sources that will be
inevitable to expend during the operation of a gambling game, and the method of
their acquisition,
4. the expected extent of liabilities arising in
connection with the operation of a gambling game,
e) a written declaration of partners or
shareholders, possibly their allottees, that their property was not declared
bankrupt or proposal for bankruptcy was refused
for lack of property,
f) the documents proving the integrity of
natural persons responsible for the operation of a gambling game and natural
persons that are members of a statutory body or are a statutory body,
g) the game plan in such form, so that it could
be after its approval placed in the places of the operation of a gambling game,
possibly was available to gamblers in other way,
h) a declaration of an applicant on undertaking
the measures, so that persons younger than 18 years could not take part in
a gambling game,
i) a document of the payment for administrative
fee according to
a special regulation,11)
j) a statement of account with the bank or a
branch of a foreign bank or other confirmation, through which an applicant will
prove that he paid the sum equivalent to the amount of
a financial security, and a confirmation on the fulfilment of the obligation
according to Section 36 Par. 2,
k) the documents on professional assessment of
the equipment and system quoted in Section 30 Par. 2 that will be used during
the operation of gambling games,
l) a certification of a locally relevant Tax
Office according to applicant’s registered office, that an applicant has no
arrears of payment registered with the tax administrator.
(7) If the documents quoted in Paragraph 5 and Paragraph 6
letters b), c) and d) have been already submitted to the Ministry or
municipality in other proceedings, the declaration on the fact that no changes
occurred will be sufficient, whereas an applicant shall specify, in which
proceedings these documents were submitted.
(8) A professionally competent natural person is considered
to be a natural person that has a complete secondary education, unless this Act
stipulates otherwise.
(9) A respectable person is for the purposes of this Act
considered to be someone, who has not been finally convicted of
a) an economic criminal offence, criminal
offence against order in public matters or criminal offence against property,
b) other intentional criminal offence.
(10) Integrity is proved by the extract from the Criminal
Record. Natural persons that do not have a permanent resident permit-
on the territory of the Slovak Republic prove their integrity by adequate
documents issued by the country, of which they are citizens, as well as the
documents issued by the countries, in which they sojourned continuously for
longer than three months in the last three years (hereinafter referred to as
“foreign document”). Aliens with abode on the territory of the Slovak Republic
and at the time of proving the integrity this permit has been valid for at
least six calendar months, submit apart from a foreign document also an extract
from the Criminal Record. Citizens of the Slovak Republic that do not stay on
the territory of the Slovak Republic on long-term basis prove their integrity
by a foreign document and extract from the Criminal Record. An extract from the
Criminal Record, possibly foreign document must be in time of presentation no
older than three months.
(1) When applying for a license for operating ticket money
lotteries, ticket money- and gift lotteries as well as instant lotteries the
applicant must, aside from documentation and facts mentioned in Section 20,
Par. 4, 6 and 10, also attach or mention the following
a) lottery ticket sample that meets the
requirements set out in Section 41,
b) document of confirmation, by which the
applicant for a license for operating ticket money lotteries, ticket money
and gift lotteries and instant lotteries confirms that printing of lottery
tickets is sufficiently secured from misuse,
c) the number of lottery tickets issued, and if
more editions of tickets are made, also exact specification of the series plus
the numbers of tickets issued in each edition,
d) time period of sale of lottery tickets.
(2) When applying for a license for operating winning
number lotteries, the applicant must, aside from documentation and facts
mentioned in Section 20 Par. 4, 6 and 10, state the way a player will
place his bet and the way of proving the bet was placed by the player, and if
identical sheets are to be used by players, on which the bet is stated, also
a sample of such a sheet is to be attached.
(3) When applying for a license for operating betting
games, the applicant must, aside from documents and facts mentioned in Section
20 Par 4, 6 and 10 attach or mention also the following
a) subject and the kind of betting game,
b) the amount of handling charge that is not
a part of the bet, if it is to be required from players by the applicant,
c) addresses of betting agencies,
d) consent of the village/town in which the
betting agency will be located,
e) affirmation of the applicant that there is no
ownership, personnel or any other connection between them and sport
organizations and clubs operating in Slovak Republic, whose scores will be
subject of bets, while the signature of the natural person authorized to
represent the applicant must be officially validated,
f) approval from the Ministry of Agriculture of
the Slovak Republic for operating horse racing bets for races taking place in
Slovakia.
11) Slovak
National Council Act No.18/1995 of Code on Prices as amended.
(5) When applying for a license for operating gambling
games in a casino, the applicant must. aside from documentation and facts
mentioned in Section 20 Par. 4, 6 and 10 attach or mention the following
a) the kind of gambling games that are to be
operated in the casino,
b) game plan for the gambling games operated in
the casino,
c) casino operating rules,
d) the number and kind of game tables,
e) counter samples,
f) currency used for games,
g) casino address,
h) statement of the village/town about the
location of casino on its premises,
i) project for monitoring technology for
supervision over the course of the gambling games and of daily accounting of
betting games in the casino,
j) professional résumés of individuals
mentioned in Section 6, including education and foreign language knowledge,
including certificates of completed education, work experience and seminars,
trainings and internships.
(6)
„Qualification“ in the case of natural persons nominated to the board of
directors of the operator of gambling games in a casino, for the positions of
managers of a company that operates gambling games in a casino whose
direct supervision is by the board, and in the case of natural persons
responsible for internal supervision, means university education and at least
three years of experience in the gambling games sector, or completed high
school technical education and at least ten years of professional experience in
the gambling games sector, of which at least three years in a managerial
position directly responsible to the statutory body of the operator. The
applicant must prove in the case of at least one natural person who is
nominated for a managerial position directly responsible to the board of
directors that this person also has five-year experience in the casino gambling
games sector.
(7) When applying for a license for operating gambling
games with the use of technical devices operated directly by gamblers and for
video games, the applicant must, aside from documentation and facts mentioned
in Section 20 Par. 4, 6 and 10, attach or mention also the following
a) the number of such technical devices or terminals
and devices used for operating video games,
b) the addresses of locations, on which these
devices or video games will be operated,
c) statement of a village/town to location
of these technical devices or devices used for operating video games.
(8) When applying for a license for operating gambling
games via telecommunication devices, the applicant must, aside from
documentation and facts mentioned in Section 20 Par. 4, 6 and 10, attach or
mention the following
a) specification of the telecommunication device
that is to be used for operation of the gambling game,
b) business name, address and company ID number
of the provider of the services via which the gamblers place their deposit.
(9) If an application for an individual license is
incomplete, the ministry or town administration will no later than within 10
days from receiving such application instruct the applicant to complete it, and
it shall state a deadline that has to be ten days and longer, and
instructs the applicant that if the application is not completed, the
proceedings will be halted.
(10) An applicant who wishes to operate gambling game
according to Section 3 Par. 2, letter g), must state in the application for an
individual license for this gambling game, aside from documentation and facts
according to Section 20 Par 4, 6 and 10, also the data that is required in the
application for individual license for operation of a gambling game that
is the most similar, in principle, to the gambling game according to Section 3
Par. 2, letter a), The ministry or town administration, when deciding on
issuing such a license, evaluates the terms of the application, in respect
to the provisions of this law relating to the gambling game that is the most
similar, in principle, to this gambling game.
(11)
If the applicant for a license for operation of gambling games that are
operated in the form of winning machines, technical devices operated directly
by gamblers, telecommunication devices or video games wants to operate
a gambling game that is in principle the most similar to one of the
gambling games under Section 3 Par. 2, letter a) or c), the applicant must
fulfil the requirements set out by this law for these gambling games as well.
(12) The operator of a gambling game is required to
report any change in data and facts that are presented in the application for
an individual license to the body that issued the license during the period of
15 days from the day they occurred.
(13) If the operator of a gambling game wishes to change
any data and facts that are presented in the individual license, in
documentation, based on which the individual license was issued, in documents
approved by ministry or town administration when issuing the individual
license, or in those which are attached to individual license, the applicant
must file a request for a license change. Appropriate provisions about
issuing of individual license are used for proceedings for license change.
Changes in individual license relating to permanent address change of natural
persons mentioned in the license, or to a change of business address of the
operator of the gambling game do not require ruling of the ministry or town
administration on a change of the license, provided that these changes are
reported and plausibly proved to the ministry or town administration by the
deadline set out in Section 12.
(1) Unless
otherwise noted, gambling games can be operated
on the authority of
an individual license issued by the ministry or town administration.
(2) Town administration issues individual license for
operating gambling games in the form of winning machines that are located on
the town’s premises. In other cases, including the license for operating of
winning machines in a casino, or if the deposits are made in foreign
currencies, the individual license is issued by the ministry.
(3) An individual license is issued by the ministry or town
administration to the applicant who presents a complete application and
proves fulfilling of all conditions set out by this law..
(4) An individual
license can be issued for the maximum period of
a) two years: in the case of ticket money and
ticket money-and-gift lotteries or instant lotteries,
b) five years: in the case of betting games,
c) five years: in the case of bingo, with the
exception of special bingo,
d) one calendar year: in the case of winning
machines, with the exception of winning machines operated in a casino, in
which case the individual license is issued for the period corresponding to the
durability of these machines, but no longer than for the validity of the
license for operating of gambling games in a casino,
e) five years: in the case of gambling games
operated in the form of technical devices operated by gamblers themselves, or
in the case of gambling games operated via telecommunication devices, and for
operating video games,
f) five years: in the case of gambling games
that are subject to Section 3 Par. 2 letter g),
g) five years: in the case of state-run lottery,
h) ten years: in the case of gambling games in a
casino.
(1) Unless
otherwise noted, the individual license is issued within 15 workdays at the
latest from the day a full application for individual license is
presented.
(2) Ruling on granting the individual license will include,
aside from requisites that are subject to special law4) also the
kind of gambling game for the operation of which the individual license has
been granted, number of the account to which tax according to Section 37 is to
be paid, the approval of the game plan of the gambling game, lottery ticket
sample, in the case tickets are to be used in operation of this gambling game,
and also the launch date is set, as well as the period of time for which the
individual license is granted.
(3) Ministry or town administration can revoke the
individual license if the operation of the gambling game violates the
provisions of this law or the conditions for granting the individual license.
Ministry or town administration revokes the individual license, if facts appear
or are revealed subsequently, because of which it would not be possible to
issue the individual license, or if it becomes evident that data based on which
the individual license was issued is not accurate.
(1) The Tax
Office that has local jurisdiction in the area in which a winning machine
is to be operated based on license for operating gambling game in the form of
winning machines will issue an ID card to the operator of the gambling game for
each winning machine. The operator will place this card on the machine on
a visible place for the purposes of supervision, in a way that the ID is
not damaged when the machine is in operation. Operation of a winning
machine can not be launched without the identification card.
(2) The
identification card must include this data:
a) name and address of the operator of the
winning machine,
b) serial number of the ID card,
c) number of certificate issued by authorized
test office and credentials of this office,
d) winning machine type and its serial number,
e) number, date and validity of the license for
operating of
a winning machine,
f) initial counters used for evidence of bets
and wins,
g) type of gambling game, program type and
version,
h) issue date, stamp and signature of the
officer of the Tax Office who issued the ID card.
(1) License for
operating gambling games in a casino is issued by the ministry. If
a license for operating gambling games in a casino is to be granted
to a joint stock company, all shares must be book shares
(personal/registered shares); change of their status is not permitted.
(2) Reliability and public interest are special conditions
for operating gambling games in a casino. Reliability is evaluated with
regard to individuals according to Section 21 Par. 6 and the public interest is
evaluated with regard to the place where the gambling games are to be operated.
The applicant must prove in the application for a license for operating
gambling games in a casino that he is reliable and that operating of
gambling games in a casino in the selected location is not in conflict
with public interest.
(3) A reliable person is a person who has not violated
the generally binding legal norms during the last ten years and who has been fulfilling
their duties and business activities in this regard, and who thus can guarantee
that they will reliably and without violating generally binging legal norms
exercise their duties to which they are nominated according to Section 21 Par.
6, including duties originating from generally binding legal norms.
(4) License for operating gambling games in a casino
permits the operation of gambling games
in a casino, in the extent limited by this
license and under the conditions set out by this license.
(5) The term „casino“, its translations or other words that
include these words in their nominative form can only be used (in business
names or to describe a business entity that offers goods and services)
only by an operator of gambling games who has a license according to this
law, if it is not obvious from the context in which the word „casino“ is used
that natural person or legal person that is using the word publicly, is not an
operator of any gambling game according to this law.
(6) Provision of Section 5 does not apply to legal persons
whose brand or business name is established or acknowledged by law or
international agreement.
(1) The ministry
will issue a license for operating gambling games in a casino to an
applicant who presents a complete application for license for operating
gambling games in a casino and who proves the fulfilment of all conditions
set out by this law, provided that proper operation of gambling games in
a casino is secured.
(2) The ministry will decide the issue of granting the
license for operating gambling games in a casino within 60 days from the
day of submitting a complete application for license for operating
gambling games in a casino.
(3) The ministry will reject the application for
a license for operating gambling games in a casino if the applicant
fails to fulfil any of the conditions for granting the license according to
Sections 20, 21 and Section 25 Par 2. Economical needs of the market cannot be
the reason for not granting the license for operating gambling games in a
casino.
(4) Ruling on granting the license for operating gambling
games in a casino includes, aside from requisites according to
a special law4), the type of gambling games for which the
license is issued, the operator is given the responsibility to provide
monitoring technology in the casino for the purpose of gambling games
supervision and supervision of daily accounting of bets in the casino, the date
of launch of the operation of the gambling games is set, as well as the period
for which the license is grante'margin-right:-1.0pt;line-height:11.6pt;mso-line-height-rule:
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Ruling on
granting the license for operating a gambling game via internet might include
technical conditions regarding the protection of gamblers, bet placement
security and pay-off via telecommunication devices and other technical
and security elements of servers and game systems, that
have to be evaluated by experts according to Sections 30 through 34.
CHAPTER FOUR
EXPERT EVALUATION
(1) Expert
evaluation is an activity of an authorized test office to the extent of
authorization for expert evaluations according to Section 31, after which the
authorized test office issues a certificate in accordance with Section 32.
(2) Applicant of operator of gambling game is required to
provide the expert evaluation of the following
a) gambling machines,
b) technical devices operated directly by
gamblers,
c) terminals and other devices used for the
operation of video games,
d) devices used for operation of bingo,
e) electronic connections among different
locations on which the gambling games are operated and the headquarters where
the games and their scores are evaluated,
f) connection and security of the connection
with electronic communication channels, if they are used for the operation of a
gambling game,
g) software that is used for operation of
gambling game according to Section 3 Par. 2, letters d) and e) and its program
versions.
(3) The applicant must provide expert evaluations of
devices and systems according to Paragraph 2 before the application for
individual license for operation of gambling games is filed. Operator of
gambling game must provide expert evaluation of devices and systems according
to Paragraph 2 after the period for which the certificate was issued had
expired, according to Section 32.
(4) Devices and systems according to Paragraph 2 can be
evaluated only by authorized test office; and only those devices and systems,
according to Paragraph 2, for which it owns the authorization.
(5) Only a legal person that has permanent address in
Slovakia, is authorized by The Bureau of Standards, Metrology and Testing
according to a special law12) and is accredited13)
to expert testing of devices and systems according to Paragraph 2 can become an
authorized test office.
(1) Authorization to expert evaluation can be given to
a legal person according to Section 30 Par. 5 upon request.
(2) Authorization
according to Paragraph 1 is given by the ministry for a limited period of
time, at least for five years, when this period expires the ministry can
prolong the validity according to Paragraph 1, when an inspection is carried
out3).
(3) The ministry issues a list of authorized test
offices that were given the authorization according to Paragraph 1, mentioning
the extent of such authorization, according to a special law.6)
(4) The ministry will revoke the authorization of an
authorized test office according to Paragraph 1, if
a) the ministry finds out that the authorized
test office wrongfully evaluated any device or system according to Section 30
Par. 2,
b) the authorized test office fails to fulfil
the requirements set out in the authorization according to Paragraph 1.
(1) The
authorized test office, in the process of evaluation, checks and confirms that
devices and systems mentioned in Section 30 Par. 2
a)
(3) The
authorized test office mentions the following in the certificate:
a) name of the operator of gambling game who
will use the device according to Section 30 Par. 2 use in operating of gambling
game,
b) owner of gambling machine, other device or
system according to Section 30 Par. 2,
c) producer of the gambling game or program,
d) producer of gambling machine, if the machine
is subject to expert evaluation,
e) kind, type or other description of the
evaluated device or system according to Section 30 Par. 2 and its production
and serial number, respectively,
f) statement to every evaluated fact according
to Paragraphs 1 or 2,
g) conditions of use of the evaluated device or
system, if it is necessary to fulfil them, so that the evaluated facts
according to Paragraphs 1 or 2 were maintained throughout the whole use of the
device or system in operation of gambling game,
12) Section 11 of act number 264/1999
Coll., on technical requirements on products and on conformation evaluation, as
amended.
13) Sections 19 and 13 of Act No.
264/1999 of Code as amended by Act No. 436/2001 of Code.
14) Sections 19 and 14 of Act No.
264/1999 of Code as amended by Act No. 436/2001 of Code.
Regulation of the Slovak government number
245/2004 Coll., on technical requirements on products in terms of
electromagnetic compatibility.
Regulation of the Slovak government
number 308/2004 Coll. that sets out details for technical requirements and
procedures of conformity evaluation for technical devices that are used at
a certain range of voltage.
h) approved rules of the respective game or
program of a gambling machine,
i) period of time for which the certificate is
issued,
j) date of issue,
k) order number of the certificate,
l) stamp, name,
address and ID number of the authorized test office, that issued the
certificate, as well as name, last name and signature of authorized persons of
the authorized test office.
(4) The authorized test office, in evaluating facts
according to Paragraph 2, will also indicate the following in the certificate,
aside from data according to Paragraph 3
a) address
of the game room in which the bonus game is operated,
b)
type of gambling game, type of device and systems according
to Section 30 Par. 2, letters a) through c) and types of other devices and
systems that are interconnected for the purposes of playing bonus game,
authorization number of the authorized test office, program version,
c) producer of bonus game and program version,
d) number of devices and systems according to
Section 30 Par. 2, letters a) through c) and number of other devices and
systems that are interconnected for the purposes of playing bonus game and
their serial numbers, e) system of generating of bonus game, the method of
evidence and bonus pay-off.
(1) The
authorized test office issues the certificate for limited period of time.
(2) The Authorized Test Office can set out in the
certificate responsibility of the operator of gambling game to have repeatedly
check the device or system according to Section 30 Par. 2 after
a specified period of time of its use. Certificate validity is terminated
if the operator of gambling game does not fulfil this requirement in the
deadline specified by the test office.
The authorized
test office must keep records of certificates issued that is presented to the
ministry within ten days from the end of a calendar half-year.
PART
THREE
OPERATION
CONDITIONS
CHAPTER ONE
GENERAL PROVISIONS
(1) Operator of
gambling game must fulfil the conditions for operating gambling games set out
by this law and by conditions of the license, throughout the validity period of
the license. The operator can not elude the responsibility if the conditions
are not fulfilled.
(2) Only gambling games for which a license has been issued
can be promoted in Slovakia.
(3)
The operator of a gambling game must make sure that the employees and other
individuals or legal persons who take part in operation of gambling games
fulfil their responsibilities set out by this law. The operator of a gambling
game and his employees are required to fulfil their responsibilities set out by
special law.15)
(4) A natural person who takes bets or deposits from
gamblers can not take part in the same game.
(5) The operator of a gambling game, except for
operators of gambling games for which general license was issued or for which
individual license for operating gambling games in the form of gambling
machines was granted, must submit every year by May 31 the following to the
ministry
a) financial statement for the previous fiscal
period,16)
b) The Commercial Register statement, not older
than 1 month on the day of its submission,
c) in the case of joint stock company, the list
of shareholders,
d) affirmation of the operator that he fulfils
the conditions for operating of gambling games set out by this law and the
conditions of the license.
(6) Juveniles under 18 years of age can’t take part in
gambling. The operator of gambling game must take such measures so that these
individuals could not take part in gambling games. The operator of a gambling
game and supervision bodies can, for these purposes, ask for the person’s
identification. If gambling games are operated in a game room, the
operator must provide continuous supervision; the operation is governed by
operation rules of the game room.
(7) Deposits can be made both in cash and non-cash methods.
(8) In the case of capital stock pay-up, reimbursement of
security, reimbursements of tax according to Section 37 and other
reimbursements according to this law, the due date is set as follows
a) in the case of
non-cash transfers from a bank account or from a branch of
a foreign bank, it is the day when the write-off from the account of
operator of gambling game was conducted,
b) in the case of cash payments it is the day
when a bank, a branch of a foreign bank, post office, or other
authorized person received the cash payment.
(9) The game plan of a gambling game must be posted in
all rooms used for operation of a gambling game that are accessible for
gamblers. Every page of the plan must have a stamp of the body that issued
the individual license, as well as the date of game plan approval.
15) Act
No. 367/2000 of Code as amended.
16) Act
no. 431/2002 Coll., on State Subsidy, as amended.
(10) The
accepting of deposits and bets, pay-offs, draws and other procedures related to
defining a score of gambling game according to Section 3 Par. 2, letters
b) through e) and also other procedures that take place in the course of
operation of gambling game in public or in communication between the gambler
and operator of a gambling game, except for making the scores public, are
not allowed
a) on Good Friday, on December 24 and December
25,
b) on a day of national mourning,
c) outside the hours set out by the game plan.
(11) It is forbidden to operate gambling machines,
technical devices operated directly by gamblers and video games in schools, on
school campuses, in buildings of social welfare services for children and
youth, in youth dormitories, healthcare facilities and state institutions. It
is forbidden to operate gambling machines, technical devices operated directly
by gamblers and video games, except for those in game rooms, within a 200-meter
distance from schools, educational facilities, building of social welfare
services for children and youth and youth dormitories.
(12) Operators of a gambling game and other natural
persons and legal persons who take any part in the operating of gambling games
and in evaluating must maintain absolute discretion about gamblers, their part
in a game, and about information from expert evaluation.
(13) The obligation of discretion according to Section 12
does not apply to providing information
a) to a court for the purposes of
proceedings,10)
b) to law enforcement agencies, bureau of
investigation and financial crimes unit of the police force for purposes set
out by special law,8)
c) to tax offices for the purposes of audit
proceedings,
d) to competent
institutions for the purposes of misdemeanour proceedings17) or
e) in the case that a gambler acquits the
persons mentioned in Section 12 of the discretion responsibility.
(14) Damages to the gambler in the course of operating
a gambling game are the responsibility of the operator, according to
a special law,18) even if the damages were caused by third
persons who were appointed by the operator of a gambling game to conduct
activities related to operating of gambling games.
(15) All accounting operations conducted in relation to the
operation of gambling games must be recorded separately from all other
financial operations of the operator of gambling games. If the operator of
gambling games operates more than one game, separate analytical evidence
must be kept for each game.
(16) Operators of gambling games from the category of
winning number lotteries, betting games, bingo, including special bingo and
gambling games operated in a casino are required to account accepted deposits
and pay-offs on a daily basis, if the operation of these gambling games
requires doing so. The ministry can approve
daily accounting of gambling games in a casino with
the use of video technology. An operator of gambling machines, technical
devices operated directly by gamblers and video games must keep monthly
evidence of deposits and pay-offs separately for every machine, for every
technical device operated directly by gamblers and for a video game device via
which the gambler takes part in gambling on a video game.
(17) Gambling games that can be confused for state-run
lotteries, or that are identical or similar, can only be operated by
a national lottery company.
(1) Financial
guarantee must be kept by the operator of a gambling game during the whole
period of validity of the license at the minimal amount set by this law.
If the amount of guarantee dropped under the limit set by this law for any
reason the operator must raise it within 30 days.
(2) The financial security must be deposited by the
applicant in a separate account in a bank or branch of a foreign
bank and during the whole period of validity of the license must be blocked in
favour of the body that issued or granted the license to the operator. This
blockage can be cancelled only with the prior written consent of a body
that is authorized to give such a consent, if
a) the license expired and the operator of
gambling game has all his obligations settled that can be paid from the
financial assets constituting the financial guarantee,
b) the license of the operator of gambling games
was revoked and the operator of gambling game has all his obligations settled
that can be paid from the financial assets constituting the financial
guarantee, or
c) upon request of the operator of a gambling
game, even though he does not have all his obligations settled that can be
settled from the financial assets that constitute the financial guarantee; in
such a case the body that issued individual license to the operator of gambling
game or that issued the general license, can decide on the use of financial
guarantee and on what obligations will be settled with this guarantee,
confirmation of settling all obligations of the operator of gambling game is
issued by a local tax office.
(3) During the validity of license the operator of a
gambling game can use the financial guarantee only upon prior written consent
of the ministry or town administration, when the operator does not have enough
financial assets for tax according to Section 37 Par. 1 and to pay off
gamblers.
17)
Slovak National Council Act number 372/1990 Coll. as amended.
18)
Civil Code.
(4) Minimum
financial guarantee is as follows
a) for ticket lotteries and raffles 5 % of the
sum calculated as the product of the number of tickets issued and price of one
ticket,
b) for bingo, with the exception of special
bingo, SKK 500,000 for one operation of bingo,
c) for betting games
except for course bets, SKK 1,000,000,
d) for course bets, SKK 10,000,000,
e) for gambling machines, SKK 10,000 for each
machine,
f) for gambling games in a casino, SKK
15,000,000,
g) for gambling games mentioned in Section 3
Par. 2, letter e),
SKK 3,000,000.
(5) For the purposes of gambling games mentioned in Section
3 Par. 2 letter g) the ministry will set the amount of financial guarantee,
based on the amount of financial guarantee for a gambling game that most
resembles the gambling games in question.
(1) Operator of
a gambling game must pay tax, which amount is as follows
a) for ticket lotteries 15 % of the financial
guarantee to the state budget,
b) for raffles 15 % of the sum calculated as the
product of the number of tickets issued and price for one ticket to the state
budget,
c) for number lotteries 17 % of the financial
security to the state budget,
d) for instant lotteries 20 % of the sum
calculated as the product of the number of tickets sold and the price for one
ticket, minus the total amount of pay-off during the whole period of instant
lottery ticket sales, to the state budget,
e) for betting games, except for horse racing, 5
% of the financial guarantee, while in the case of course bets 4.5 % of the
financial guarantee to the state budget and 0.5 % to the town budget,
f) for bingo 4.5 % of the financial guarantee,
of which 4 % of the financial guarantee to the state budget and 0.5 % of the
financial guarantee to the budget of the town in which the bingo game room is
located,
g) for special bingo 4 % of the financial
guarantee to the state budget,
h) for horse racing 1 % of the financial
guarantee to the state budget,
i) for betting games in a casino 27 % of
the financial guarantee, of which 24 % of the financial guarantee to the state
budget and 3 % of the financial guarantee to the budget of the town in which
the casino is located,
j) for gambling games operated via gambling
machines
SKK 45,000 per calendar year and per machine to the state budget,
k) for gambling games operated via technical
devices operated directly by gamblers and for video games 27 % of the financial
guarantee, of which 24 % of the financial guarantee to the state budget and 3 %
of the financial guarantee to the budget of the town,
l) gambling games operated via
telecommunication devices,
10 % of financial guarantee to the state
budget,
m) gambling games operated on the internet 27 %
of the difference between accepted bets and pay-offs to the state budget.
(2) In the case of gambling games that are not mentioned in
Paragraph 1, the amount of tax will be set by the ministry. When doing so, the
ministry must take into consideration the tax amount set out in Paragraph 1 for
the game that resembles the most the gambling game for which the tax is being
evaluated.
(3) The tax, according to Paragraph 1, except for tax
according to Paragraph 1, letter a), b), d) and j), is paid by the operator of
gambling game as prepayment, monthly by the 25th day from the ending of
a calendar month, based on preliminary monthly calculation of tax
submitted at the same time to the local supervision body. The operator of a
gambling game will elaborate, by March 31 at the latest, the annual calculation
of tax for the previous year, this calculation is based on the total numbers
defining the tax for the whole previous calendar year. The operator of
a gambling game submits the calculation to the local supervision body and
then to the ministry or town administration, when the supervision body confirms
it. The operator of a gambling game will pay the arrears of taxes to the
local supervision body that arose as a difference between the yet-paid tax
and the sum calculated during annual calculation of monthly prepayments.
(4) Overpayments made by the operator of a gambling
game that are discovered in the course of calculation according to Section 3
will be returned by the local supervision body to the operator of a gambling
game when the annual calculation is completed, upon written request, within 30
days. If the operator of gambling game does not request the overpayment in
writing, it becomes prepayment for tax for the next calendar year. Overpayment
worth less than SK 100 is not returned and it becomes prepayment for tax for
the next calendar year. Overpayment can be returned up to three years from the
end of the calendar year in which it originated.
(5) Monthly prepayments are not subject to rounding. In the
annual calculation the tax is rounded to the nearest crown.
(6) The operator of a gambling game mentioned in
Paragraph 1 letters. a), b) and d) must pay the tax within 15 days from
calculation of the gambling game.
(7) The operator of gambling machines must pay the tax in
parts, half of the tax by June 1 of the calendar year and the other half by
September 1 of the calendar year. If the operator of a gambling machine is
granted license during the year after the deadline for the tax or part thereof,
he must pay the proportion of the tax or the tax for this machine within 15
days from the license issue, while he must pay the remaining part of the tax
according to a set schedule, by the end of the calendar year at the latest. If
the operator of gambling machine terminates his activities during the year, he
must pay the tax in full for the respective year by the end of the operation of
the gambling machine, at the latest.
(8) Income from
the tax, according to Paragraph 1, is used to finance public services, for example
healthcare, social work and assistance, humanitarian care, production,
development and protection of cultural heritage, support for art and cultural
activities, education, development of sport, environment protection and public
health.
(9) The town administration that issued a license for
operating gambling games in the form of gambling machines and that subsequently
revoked the license can decide that after the tax liability is fulfilled and
tax according to Paragraph 1 letter j) is paid by the operator of gambling
machines, the earnings from gambling will be contributed to the budget of the
town, the same decision can be made in the case of natural person or legal
person that has operated gambling machines without license and the town would
have been able to issue the license. Earnings from gambling mean the difference
between bets placed by gamblers during the year and pay-offs.
(10) Tax Office can decide that earnings from a gambling
game operated in the area under its jurisdiction by a natural person or
legal person with no license, that could have been issued by the ministry, be
contributed to the state budget.
(11) Ministry that issued or granted a license and
subsequently revoked it, can decide that earnings from gambling games be
contributed to the state budget.
If
a gambling game is operated in a game room, the operator must
elaborate the operating rules of the game room that include especially
a) open hours,
b) rights and responsibilities of gamblers,
c) rights and responsibilities of permanent
supervision in the game room, d) identification of the permanent supervision.
CHAPTER TWO
LOTTERY GAMES
(1)
Financial guarantee in the case of raffles, ticket lotteries, instant lotteries
and other lotteries, in which there are tickets, except for bingo, is product
of the number of tickets issued and the price for one ticket.
(2) Financial guarantee in the case of number lotteries is
the sum corresponding to the amount of bets placed.
(3) Financial guarantee in the case of bingo and special
bingo is the product of the number of tickets sold and the price for one
ticket.
(4) The probability of winning in ticket lotteries,
raffles and instant lotteries can not be lower than 1 : 200.
(5) The lowest prize in raffles and ticket lotteries must
be worth the same as the price for the ticket.
(6) Total value of prizes in ticket lotteries, raffles and
instant lotteries can not be lower than 30 % of the financial guarantee.
(1) The use of
state symbols on lots is prohibited.19)
(2) A lot, except for the lot referred to in Section 4, for
lottery games with the game principal exceeding SKK 200,000, except for lots
for ruffles, shall contain
a) name and registered office of the game
operator,
b) number of the license and the date of effect
of the decision on granting an individual license or the day of announcement of
a general license,
c) quantity of issued lots, price of one lot,
aggregate game principal or the information to specify the aggregate game
principal,
d) quantity and amount of prizes, or a manner to
set the quantity and amount of prizes,
e) specification of the event or circumstance
determining the winning,
f) manner of publishing the list of drawings if
required by the game plan,
g) specification of the place where prizes are
handed down,
h) deadline for taking out prizes,
i) sequential number and series number of the
lot if more series of lots are issued,
j) time period for selling lots.
(3) Prior to releasing lots for sale, it is necessary to
verify their quantity and the correctness of numeration by random sampling with
the participation of the state supervisory body and to write down a report on
it.
(4) The content of a lot which Section 2 does not refer to
will be determined by the Ministry in the license.
19)
Section 1 of Act of the National Council of the Slovak Republic No. 63/1993
Coll., on state symbols of the Slovak Republic and their use.
(1) Drawing lots
of a lottery game shall be public. Drawing lots of a lottery game with the game
principal
a) exceeding SKK 200,000 shall be carried out
with the participation of the supervisory body,
b) up to SKK 200,000 shall be carried out with
the participation
a notary.
(2) The supervisory body or notary participating in drawing
lots according to Section 1 shall certify that the course of drawing lots was
in compliance with the game plan and this Act.
(1) A qualified
natural person, responsible for the operation of
a lottery, shall appoint a responsible representative.
(2) The responsible representative ensures regular course
of the lottery. The lottery operator shall not become involved in the course of
the lottery without the approval of the responsible representative.
(3) The responsible representative shall adhere to
instructions of the supervisory body and advise it of all material
circumstances occurred in conjunction with operation of gambling and measures
adopted.
(4) The responsible representative together with the
supervisory body shall verify if the drawing urn contains
a) in numeric lottery, all numbers of the game
plan,
b) in lot lottery, all issued lots,
c) in raffle, all sold lots.
(5) The responsible representative
shall take all measures to provide that lots returned by post or another manner
prior to, in the course of, or immediately after, drawing, cannot be misused.
The responsible representative shall keep lots in a secured place in the course
of the lottery. After termination of the lottery in which lots are used the
responsible representative together with the supervisory body shall destroy
unsold lots.
(6) The responsible representative shall write down a
report on the course of drawing lots, containing predominantly data on the
course of drawing lots and a list of winning lots.
(7) After the end of drawing lots, the responsible
representative shall secure prizes associated with unsold lots in lotteries
against loss, destruction or damage and he shall secure prizes that were not
handed down in a raffle.
(8) In lot lotteries the responsible representative shall
publish the list of prizes in the press and inform the public thereof. In
a raffle, after drawing lots, the responsible representative shall inform the
public of the wining lots and shall arrange publication of the written list of
winning lots.
(1) The deadline
to exercise the right to a prize in a lottery shall not be shorter than 30 days
and not longer than 60 days from the day following the drawing lots.
(2) An operator of a lottery shall pay the exercised
right to winners immediately or not later than within five
days from the day that the right to a price was exercised.
Unsold lots may
only be rejected in the presence of the supervisory body after one year
elapsing from the first day of a calendar month following the day that the
lottery account was submitted at the latest.
CHAPTER THREE
GAMBLING GAMES IN CASINO
(1) In a casino
it shall be permitted to play only gambling games specified in the license to
operate gambling games in
a casino, and in the specified scope only.
(2) In a casino a person not admitted to the gambling game
according to the game plan and rules of operation shall not be allowed to play.
(3) Persons employed in a casino shall not be permitted to
take part in bet games as gamblers in the casino where they are employed.
Persons employed in a casino performing specialist activities for bet games in
casinos shall not be permitted to take part in bet games as gamblers in casinos
based in the Slovak Republic.
(4) The game currency of the casino shall be the one
prescribed by the Ministry in the license to operate games in
a casino. Gaming chips used in casinos, value-marked, are approved by the
Ministry according to specimen gaming chips submitted by the casino operator to
the Ministry when filing the application for granting a license. The casino
operator shall submit one set of gaming chips approved by the Ministry to the
supervisory body for inspection purposes.
(5) In casinos gaming chips shall be conclusively recorded
by kinds or types of chips. Spare gaming chips that are not used shall be
placed separately and recorded so as to be able to be produced any time for
inspection. These spare gaming chips may only be used with the approval of the
supervisory body. The body shall be informed of any acquisition of gaming
chips.
(6) Each casino shall use specifically marked chips.
Identically marked chips may only be used in casinos operated by one operator
of gambling games.
(7) Gaming chips, gratuities for employees deposited in
separate cases, proceeds at tables deposited in separate cases, proceeds and
chips in the principal cash desk, money and chips deposited in safes or other
similar devices, shall be accounted for every table daily after the end of the
casino operation.
(8) Gratuities are a financial gift of a gambler to
employees of the casino.
(9) Casino employees are required to put the gratuities
into
a separate case after finishing a game;
gratuities are subject to accounting and separate recording
after the end of the casino operation.
(10) The gratuities shall not make part of the game
principal, unless otherwise stipulated below. The operator of gambling games in
a casino shall distribute the gratuities among the casino employees. Persons
with property participation in the company operating the casino, authorized
agents, members of the board of directors or supervisory board are excluded
from the distribution of gratuities, unless they are simultaneously in employment,
membership relations or business relations with the company operating the
casino.
(11) The operator of gambling games in the casino shall
distribute the gratuities among the employees as set out in Section 10
according to the rules which he is required to submit to the supervisory body
when requested. The rules for distribution of gratuities shall not be changed
during a calendar year.
(12) After the end of a calendar year undistributed
gratuities shall be added to the game principal for that period.
(13) The game principal for games in casinos is the amount
of deposits after deduction of the paid winnings.
CHAPTER FOUR
BET GAMES
(1) The operator
of bet games shall not enter into contracts with domestic legal persons,
domestic natural persons and foreign persons for the exclusive right to make
bets for certain competitions, contests or matches.
(2) The operator of bet games shall not accept bets for
races wherein an animal, vehicle, etc. takes part that is owned or co-owned by
him. This shall also apply in case the owner or co-owner is a person authorized
to accept bets, or a person in employment, membership relation or similar legal
relation with the operator of bet games, or a spouse of such a person.
(3) If in the license to operate stake games the Ministry
authorized more than one state office to the operator of odd bets, the operator
of the stake game shall ensure their electronic connection with the central
computer system within the period of time stipulated in that license.
(4) The game principal for stake games is the sum of
deposits.
CHAPTER FIVE
GAMBLING MACHINES
(1) The gambling
machine according to Section 7 shall conform to the following requirements:
a) the deposit is realized by inserting a coin,
banknote or credit key,
f) the time elapsed from the manufacture of a
gambling machine does not exceed six years, except for gambling machines
operated in a casino,
g) the winning ratio, which for the purposes of
operating gambling machines means a ratio of financial values of games won to
the financial value of actually played gambling games, expressed in per cent,
and which must not be lower than 70 %; the winning ratio expresses the
probability of return of input deposits.
(2) In a gambling machine the option of the combination for
winning or loosing is performed by mechanical, electronic and mechanical or
electronic device and the gambling machine or the operator of the gambling game
pay the prize to the gambler.
(3) A deposit must not be higher than SKK 2 per gambling
game and the prize must not exceed SKK 300 per gambling game; it does not apply
to gambling machines operated in casinos.
(4) A player may pay several deposits at once, in such a
case the gambler shall have the possibility to take deposits for the games that
were not played anytime after finishing a game.
(5) A game on gambling machines shall be understood to mean
to begin a gambling game by setting on the mechanical, electronic and
mechanical or electronic device determining the result of a gambling game and
display of the gambling game result on the winning device or possibly payment
of the prize. During a gambling game further deposits may not be made. After
finishing each gambling game, the gambler shall have the possibility to take
the whole prize. Each gambling game must offer the gambler the possibility to
win.
(6) An operator of a gambling machine shall ensure that the
correctness of the winning ratio of a gambling machine is checked at least
every 12 months by an authorized testing laboratory. The authorized testing
laboratory is authorized to perform random checks of the winning ratio and
function of gambling machines in the presence of supervisory bodies and to
withdraw the license according to Section 32 provided that violation of the
conditions as stipulated by this Act is established, and it shall notify the
body that granted a license to operate gambling games on gambling machines to
the operator of the gambling machine of that fact. The costs incurred in
conjunction of that check are paid by the operator of a gambling machine only
if some discrepancies were established.
(7) The authorized testing laboratory shall issue a
certificate specifying the winning ratio at the request of the operator of
a gambling machine and confirming that the winning ratio conforms to this Act.
If operators of
gambling games operate five and more winning machines in one room or in a set
of rooms structurally related and connected, the rooms shall be regarded as a
gambling-house and the operator of gambling games must fulfil all obligations
as stipulated by this Act for a gambling-house.
(1) In
gambling-houses with gambling machines it is possible to introduce a system of
a premium game based on pooling a certain part of the deposit in a premium game
through connection of gambling machines located in a gambling-house, and that
part of the deposit is determined for a premium game.
(2) The premium game may be operated on at least eight
gambling machines of an operator of gambling games by means of gambling
machines and the amount of a premium prize must not exceed SKK 100,000; it does
not apply to operation of the premium game by means of gambling machines in a
casino.
(3) If the premium game is operated in a gambling-house by
several operators of gambling games by means of gambling machines, the
certificate according to Section 32 is issued for each operator of gambling
games by means of gambling machines separately.
(4) The amount of the premium prize shall be visibly placed
on the electronic board.
CHAPTER SIX
OPERATION OF GAMBLING GAMES
BY MEANS OF TECHNICAL FACILITIES OPERATED DIRECTLY BY
GAMBLERS, THROUGH TELECOMMUNICATION FACILITIES AND OPERATION OF VIDEO-GAMES
(1)
When publishing the information on a gambling game, operators of gambling games
by means of telecommunication facilities must specify the place where a gambler
may familiarize himself with the game plan.
(2) When operating gambling games by means of technical
facilities operated directly by gamblers, the minimum deposit amounts to SKK 2
and the maximum deposit amounts to
SKK 1,000 per position. The jackpot must not exceed
SKK 100,000.
(3) When operating video-games, the minimum deposit amounts
to SKK 2 and the maximum deposit amounts to SKK 1,000 per gambling game.
(4) When operating gambling games through telecommunication
facilities, the provider of the service though which the gambler participates
in a gambling game shall keep separate accounts of the sums
included in the gambler's deposit.
(5) For gambling games operated by means of
telecommunication facilities, the game principal is a sum of deposits. For
video-games and technical facilities operated directly by gamblers, the game
principal is a difference of received deposits and prizes paid out.
(6) If an operator of gambling games operates five or more
gambling places at technical facilities operated directly by gamblers in a room
or a set of rooms, structurally related and connected, the rooms shall be
regarded as gambling-house and the operator of these gambling games shall must
fulfil all obligations as stipulated by this Act for a gambling-house.
PART
FOUR
NATIONAL
LOTTERY COMPANY
(1) The national
lottery company is a joint-stock company based in the territory of the Slovak
Republic whose founder and shareholder is the Slovak Republic, represented by
the Ministry.
(2) The trade name of the national lottery company must
contain the identification "national lottery company" or the
abbreviation "n.l.s." The identification "national lottery
company“ or its translations must not be used by any legal person or natural
person.
(3) Any transfer of shares of the national lottery company
to other legal persons or natural persons is prohibited.
(4) The registered capital of the national lottery company
is minimum SKK 10,000,000. The shares of the national lottery company shall be
issued as booked personal shares.
(5) The national lottery company cannot issue bonds with
the related right to their exchange for company shares or the right to
preferential subscription of shares of the national lottery company in case
they may be acquired by other legal persons or natural persons to whom the
shares of the national lottery company referred to in Section 3 cannot be
transferred.
(6) The national lottery company or its part20)
may be sold only to another national lottery company. The national lottery
company may merge or consolidate only with another national lottery company.
(1) The national
lottery company shall operate one of the gambling games forming the state
lottery. The national lottery company may also operate other gambling games
according to this Act and conduct a
20)
Section 476 to 488 of Business Code.
business
activity related to operating gambling games.
(2) The national lottery company is entitled to conduct
activities according to Section 1 after granting a license to operate a state
lottery.
PART
FIVE
SANCTIONS
(1) If
supervisory bodies, within execution of their competence according to this Act,
establish that supervised entities violated the provisions of this Act,
specific acts or other legal regulations of binding force related to operation
of gambling games, conditions of operation of gambling games according to the
granted or issued license, obligations according to the game plan, including
rules of gambling games, or non-fulfilment of obligations assigned by
a lawful decision of the supervisory body, the following sanctions shall be
imposed on them:
a) measures for removal or remedy of the
established discrepancies, including the period for their fulfilment and the
duty to inform the supervisory body on their fulfilment within the determined
period,
b) submission of special statements, reports and
notices,
c) termination of non-permitted activity,
d) suspension of operation of a gambling game,
e) fine,
f) sanction interest in the amount and in the
cases according to Section 2,
g) suggestion to the ministry or municipality for
withdrawal of the individual license.
(2) The competent supervisory body shall impose an
obligation on an operator of a gambling game to pay a sanction interest if the
payments according to Section 37 were not paid by the operator of a gambling
game timely or adequately, namely amounting to 0.1 % of the due amount per
every, even started, day of delay from the day following the due day of payment
to the day that the due amount is credited to the respective account of the tax
office or municipality. The competent supervisory body shall not impose the
sanction interest if the sanction interest in aggregate does not exceed
SKK 100 per calendar year. The sanction interest shall be rounded up to whole
crowns. The sanction interest imposed by a tax office is
a revenue of the national budget. The sanction interest imposed by
a municipality is a revenue of the municipal budget.
(3) If, during performing supervision, it is established
that in conjunction with violation of provisions of this Act a property benefit
was acquired by a legal person or a natural person violating provisions
according to this Act, or by their related or controlled persons, the Ministry
shall impose an obligation on the legal or natural persons acquiring a property
benefit to pay a sum equal to the value of the property benefit acquired in
such a manner to the state budget.
(4) If a tax office performed supervision according
to Section 10 Par. 4 letter c) based on which a fine or another sanction
according to
Section 1 should be imposed, the fine or sanction shall be imposed and enforced
by the municipality; the municipality shall inform the tax office performing
supervision according to Section 10 Par. 4, letter a) on imposition of the fine
or sanction,
(5) A fine from SKK 20,000 to SKK 500 shall be imposed by
the supervisory body on a legal person of a natural person for obstructing
performance of supervision according to this Act.
(6) The supervisory body may suspend operation of a
gambling game, if, when performing the supervision, it established
a) discrepancies that may affect regular
operation of a gambling game, namely till they are removed,
b) non-fulfilment of any of the conditions
defined in the license,
c) violation of the conditions defined in the
license, or
d)
non-observance of the provisions of this Act.
(7) The supervisory body shall make a record of suspension
of the operation of a gambling game. When suspending the operation of a
gambling game, the supervisory body is authorized to seal gambling machines or
other devices or systems used in the operation of a gambling game.
(8) If an operator of a gambling game remedies the
discrepancies due to which the operation of a gambling game was suspended, he
may continue the operation of a gambling game only after prior written approval
of the supervisory body that suspended the operation of a gambling game. The
supervisory body shall promptly notify the body that granted an individual
license to the operator of a gambling game or issued a general license of
suspension of a gambling game, sealing a gambling machine or another device and
system used in the operation of a gambling game, as well as the approval to
continue the operation of a gambling game, if such a body is not the
supervisory body.
(9) When imposing sanctions, the supervisory bodies shall
assess the nature, seriousness, manner, extent of fault, duration and
consequences of violation of obligations and it shall take into account that
the person referred to in Section 3 and supervised entity established
themselves the violation of an obligation and the legal state was recovered
before a decision on a sanction was issued.
(10) Sanctions under this Act may be imposed within two
years from the day that the supervisory body established violation of an
obligation but not later than within five years from the day that an obligation
was violated. Sanctions may be imposed simultaneously and repeatedly. By
imposition of sanctions under this Act, the liability according to specific
regulations is not affected.21)
(11) If within two years from the day of effect of a
decision on imposing a fine the obligations for which the fine was imposed are
violated again, the supervisory body may impose a fine up to its double.
(12) A fine is due within 30 days from the day of effect of
the decision on its imposition. A fine imposed under this Act is
a revenue of the state budget, except for fines imposed by
a municipality that are revenues of the municipal budget.
(1) With regard
to gambling games, an offence is committed by
a person that
a) acts against this Act, granted or issued
license or game plan and is in employment with an operator of a gambling game
or in
a similar legal relation with him,
b) operates a gambling machine without an
identification card according to Section 24.
(2) Supervisory bodies shall impose the following fines for
committing offences according to Section 1:
a) from SKK 5,000 to SKK 20,000 for committing
the offence referred to in Section 1 letter a),
b) SKK 5,000 for committing the offence referred
to in Section 1 letter b).
(3) the provision of Section 54 Par. 12 applies to offences
equally.
(4) Offences according to Section 1 are discussed by
supervisory bodies and the general regulation on offences applies to their
discussion17)
(1) Supervisory
bodies shall impose a fine from SKK 500,000 to SKK 3,000,000 on an operator of
a gambling game operating
a gambling game without a license.
(2) Supervisory bodies shall impose a fine from SKK 100,000
to SKK 500,000 on an operator of a gambling game operating
a gambling game against this Act, conditions for operation of
a gambling game as defined in the license, the game plan or not fulfilling the
obligations imposed by a lawful decision of the supervisory body.
(3) Provisions of Section 54 Par. 9 to 12 apply to
administrative offences equally.
PART
SIX
JOINT,
TEMPORARY
AND
FINAL PROVISIONS
CHAPTER ONE
(1) The general
regulation on administrative proceedings4) shall be applied to
proceedings under this Act, unless otherwise stipulated by the Act.
(2) The general regulation on administrative proceedings
shall not apply to
a) issue of general licenses according to
Section 18,
b) notification duty according to Section 19,
c) specialized assessment according to Section
30,
d) suspension of operation of a gambling game
according to Section 54 Par. 6.
(3) The Business
Code applies to applicants and operators
of
gambling games, unless otherwise stipulated by this Act.
(4) If the term "lottery and other similar games“ is
used in legal regulations of binding force, it is understood to mean
"gambling games“.
CHAPTER TWO
TEMPORARY PROVISIONS
AND FINAL PROVISIONS
(1) Proceedings
for issue of permission to operate a lottery or another similar game commenced
before the effectiveness of this Act shall be finished according to the
existing regulations. Proceedings commenced according to existing regulations
which with respect to the provisions of this Act do not have to be finished
shall be discontinued by the bodies that commenced them.
(2) Proceedings for imposition of a fine commenced before
the effectiveness of this Act shall be finished according to the existing
regulations.
(3) Permission to operate raffles and lot in-kind lotteries
issued according to existing regulations are regarded as general licenses
according to Section 18 and fulfilment of the notification duty according to
Section 19.
(4) Unless otherwise stipulated by this Act, operators of
gambling games for which individual licenses are required under this Act and
who were issued permission according to existing regulations, except for
operators of gambling machines, must ask the Ministry for granting individual
licenses under this Act by
30 September 2005, otherwise their permission issued according to existing
regulations shall expire after the period for which they had been issued
expires, but not later than as of 1 October 2005. If an application for
granting an individual license was delivered to the Ministry within the period
as per the first sentence, the permission according to existing regulations
shall expire on the day that the decision of the Ministry on granting an
individual license under this Act comes into effect.
(5) Applicants holding valid permission issued according to
existing regulations as of the day that this Act comes into effect, who paid
the registered capital in according to existing regulations, shall prove
payment of the registered capital by attaching statements of account at a bank
or branch of a foreign bank or other documents proving the amount and payment
of the registered capital.
(6) Permission issued to operators of gambling machines
according to existing regulations remains in force by 31 December 2005.
(7) Operators of lotteries or of other similar games who
were issued permission according to existing regulations must pay
a levy in the amount and within the period as stipulated by this Act from 1
July 2005.
(8) Authorization to accept stakes issued according to
existing regulations expires as of 1 October 2005.
(9) Certificates
of gambling machines issued by the authorized testing laboratory before this
Act comes into effect shall remain in force by 31 December 2005 at the latest.
(10) The Ministry according to Section 18 Par. 5 shall
publish a draft of the general license. The existing regulations shall apply to
operation of raffles and lot in-kind lotteries till the effectiveness of the
general license.
(11) Authorized testing laboratories must ask the Ministry
for the issue of authorization for specialized assessment under this Act by 30
June 2005, otherwise their authorizations for specialized assessment issued
according to existing regulations shall expire after the period for which they
had been issued expires, but not later than as of 30 September 2005. If the
application for the issue of permission for specialized assessment under this
Act was delivered to the Ministry within the period as per the first sentence,
the authorization for specialized assessment issued according to existing
regulations expires on the day that the decision of the Ministry on the
application for the issue of the authorization for specialized assessment under
this Act comes into effect.
Act of the Slovak
National Council No. 194/1990 Coll., on lotteries and other similar games, as
amended by Act of the Slovak National Council No. 68/1992 Coll., Act of the
National Council of the Slovak Republic No. 249/1994 Coll., Act of the National
Council of the Slovak Republic No. 224/1996 Coll., Act of the National Council
of the Slovak Republic No. 386/1996 Coll.,
Act No. 55/1999 Coll., Act No. 332/2000 Coll., Act No.
218/2001 Coll., Act No. 553/2001 Coll., Act No. 182/2002 Coll. and Act No.
433/2002 Coll., is cancelled.
Art. II.
Act of the
National Council of the Slovak Republic No. 145/1995 Coll., on administrative
fees, as amended by Act of the National Council of the Slovak Republic No.
123/1996Coll., Act of the National Council of the Slovak Republic
No. 224/1996 Coll., Act No. 70/1997 Coll., Act No. 1/1998 Coll., Act No.
232/1999 Coll., Act No. 3/2000 Coll., Act No. 142/2000 Coll., Act No. 211/2000
Coll., Act No. 468/2000 Coll., Act No. 553/2001 Coll., Act No. 96/2002 Coll.,
Act No. 118/2002 Coll., Act No. 215/2002 Coll., Act No. 237/2002 Coll., Act No.
418/2002 Coll., Act No. 457/2002 Coll., Act No. 465/2002 Coll., Act No.
477/2002 Coll., Act No. 480/2002 Coll., Act No. 190/2003 Coll., Act No. 217/2003
Coll., Act No. 245/2003 Coll., Act No. 450/2003 Coll., Act No. 469/2003 Coll.,
Act No. 583/2003 Coll., Act No. 5/2004 Coll., Act No. 199/2004 Coll., Act No.
204/2004 Coll., Act No. 347/2004 Coll., Act No. 382/2004 Coll., Act No.
434/2004 Coll., Act No. 533/2004 Coll., Act No. 541/2004 Coll., Act No.
572/2004 Coll., Act No. 578/2004 Coll., Act No. 581/2004 Coll., Act No.
633/2004 Coll., Act No. 653/2004 Coll., Act No. 656/2004 Coll. and Act No.
725/2004 Coll., is amended as follows:
1. Item 140 in the
Annex "Tariff of Administrative Fees" reads as follows:
Art. III.
Act No. 40/1964
Coll., Civil Code, as amended by Act No. 58/1969 Coll., Act No. 131/1982 Coll.,
Act No. 94/1988 Coll., Act No. 188/1988 Coll., Act No. 87/1990 Coll., Act No.
105/1990 Coll., Act No. 116/1990 Coll., Act No. 87/1991 Col., Act No. 509/1991
Coll., Act No. 264/1992 Coll., Act of the National Council of the Slovak
Republic No. 278/1993 Coll., Act of the National Council of the Slovak Republic
No. 249/1994 Coll., Act No. 153/1997 Coll., Act No. 211/1997 Coll., Act No.
252/1999 Coll., Act No. 218/2000 Coll., Act No. 261/2001 Coll., Act No.
281/2001Coll., Act No. 23/2002 Coll., Act No. 34/2002 Coll., Act No. 95/2002
Coll., Act No. 184/2002 Coll., Act No. 215/2002 Coll., Act No. 526/2002 Coll.,
Act No. 504/2003 Coll., Act No. 515/2003 Coll., Act No. 150/2004 Coll. and Act
No. 404/2004 Coll., is amended and supplemented as follows:
Section
846 reads as follows:
The provision of
Section 845 does not apply to gambling games according to a specific
regulation.7a)“.
The footnote 7a) shall read as follows:
“7a) Act
No. 171/2005 Coll., on gambling games and on amendment and supplement of some
other acts.“.
Art. IV.
Act No. 367/2000
Coll., on protection against legalization of revenues from criminal activities
and on amendment and supplement of some acts, as amended by Act No. 566/2001
Coll. and Act No. 445/2002 Coll., is amended as follows:
1. In Section 3
letter e) the words "casinos, stake offices,“ are deleted.
2. Section 3 letter f) reads as follows:
"f) the
operator of a gambling game,15) “. Footnote 3aa) reads as follows:
“15) Act No. 171/2005 Coll., on collective
investment and on amendment and supplement of some other acts.”.
3. Chapter 6 is
supplemented with Paragraph 4, reading as follows:
“(4)
The obligations of the obliged person according to Section 1 letters b) and c)
and Section 3 letters c) and d) also apply to legal and natural persons who are
no longer obliged persons.“.
4. In Chapter 13
Par. 1, 2 and 5 the words "obliged person“ in all forms are replaced by
the words "a legal person or a natural person" in the respective
form.
Act No. 523/2004
Coll., on budgetary rules for public administration and on amendment and
supplement of some acts, as amended by Act No. 747/2004 Coll., is amended and
supplemented as follows:
1. Par. 10 of Chapter 8 shall be worded as follows:
"(10) Means provided from the state budget and from
the budget of the European Union are not subject to execution of the decision
according to specific regulations14). Tangible assets and intangible
assets acquired from the means provided from the state budget and from the
budget of the European Union are not subject to execution of the decision
according to specific regulations,14) except for execution of the
decision on assets acquired from the means from the state budget and from the
budget of the European Union, as stipulated by a contract according to Section
20 Par. 2.“.
2. In Chapter 24
Par. 11 the word "shall pay" in the introductory sentence is replaced
by the words "shall pay and settle“.
3. Chapter 24
Par. 11 shall be supplemented with letter (c), worded as follows:
“d) from the reproduction fund of a non-profit making
organization if a loss cannot be settled even according to letter c).“.
4. In Chapter 24
Par. 12 the words "letter c)“ are replaced by the words "letter d)“.
5. Chapter 25 Par. 4 shall be supplemented with letter (c),
reading as follows:
“e)
settlement of a loss from the main activity.“.
6. Par. 8 of Chapter 31 shall be worded as follows:
"(8) The
levy, penalty, and fine for not keeping financial discipline by a legal person
or a natural person are revenues of the respective type of the public
administration budget from which they were provided; a levy, penalty and fine
for not keeping financial discipline when using means of the state budget are
revenues of the state budget. A penalty and fine for not keeping financial
discipline by a public administration entity when using financial means
provided from the budget of another public administration entity, are revenues
of the state budget.“.
7. Chapter 37a shall be inserted after Chapter 37 and shall
read as follows:
“37a
Temporary provisions
on amendments effective from 1 May 2005
(1) Provision of
Section 31 Par. 8 in the wording effective after 1 May 2005 applies to a levy,
penalty and fine for not keeping financial discipline imposed after 1 January
2005.
(2) Provision of Section 37 Par. 7 also applies to economic
activities, method of use and provision of means from the state budget for
implementation of joint programs of the Slovak Republic and European
Communities under international contracts made by 1 May 2004.“.
Art. VI
Act No. 564/2004
Coll., on budgetary determination of income tax proceeds to local authorities
and on amendment and supplement of some acts is amended as follows:
In Chapter 4 Par.
4 the words "15 August“ are replaced by the words "31 October“.
Art. VII
Act No. 582/2004
Coll., on local taxes and the local fee for communal waste and small building
waste, as amended by Act No. 733/2004 Coll. and Act No. 747/2004 Coll., is
amended as follows:
Chapter 104 shall
be supplemented with Par. 15 and 12, reading as follows:
Council No. 500/1991 Coll., Act of the Slovak National
Council No. 564/1991 Coll., Act of the Slovak National Council No. 11/1992
Coll., Act of the Slovak National Council No. 295/1992 Coll., Act of the
National Council of the Slovak Republic No. 43/1993 Coll., Act of the National
Council of the Slovak Republic No. 252/1994 Coll., Act of the National Council
of the Slovak Republic No. 287/1994 Coll., Act No. 229/1997 Coll., Act No.
225/1998 Coll., Act No. 233/1998 Coll., finding of the Constitutional Court of
the Slovak Republic No. 185/1999 Coll., Act No. 389/1999 Coll., Act No. 6/2001
Coll., Act No. 453/2001 Coll., Act No. 205/2002 Coll., Act No. 515/2003 Coll.,
Act No. 369/2004 Coll., Act No. 535/2004 Coll., Act No. 583/2004 Coll., Act No.
615/2004 Coll. and Act No. 757/2004 Coll. is amended and supplemented as
follows:
In Chapter 27
Par. 2 letter n), the following words shall be added: "unless a specific
regulation18aa) stipulates otherwise.“.
Footnote 3aa)
shall be worded as follows:
“18aa) For example Act No. 171/2005 Coll., on
gambling games and on amendment and supplement of some other acts.“.
Art. IX Effectiveness
This Act comes into effect on 1 January 2005.
Ivan Gašparovič, signed.
Pavol Hrušovský, signed
Mikuláš Dzurinda, signed.