Law 28/2012, of 18 October, amending the law of the game of bingo, from the 28th of November 1996, amended by the law of 15 November 2001, since the General Council in its session of October 18th, 2012 has approved the following: law 28/2012, of 18 October, of the law of the game of bingo of 28 November 1996, amended by the law of 15 November 2001 preamble in 1996 approved the law of the game of bingo with the aim of regulating their activity and provide a legal framework for the protection of users.
For many years, the legal regime of the game of bingo has had few changes, with the exception of the reform carried out in 2001 in the wake of the entry into force of the euro. The regulations that have been passing and have accompanied the bingo Law have tried to adapt the practice of this game to new technologies, with the aim of allowing the sector were provided with possibilities of leisure activities similar to those of the neighbouring countries.
The creation of the Office of the Government Game, as they ensure the participation of all the actors in the establishment of the principles of the rules of the games and the measures for the protection of users, has actively participated, together with the Ministry of economy and Planning, in the reform of this law, with the aim of coordinating the actions of the State in the topics related to the game.
The Government is aware, then, that throughout this time have been emerging in new forms in the environment of the traditional bingo game, such as the use of computer tools that allow you to submit cartoons displayed on the screens of computer systems, with the aim to go traditional physical and replacing boards allow a management efficiency, and that should lead to a higher degree of satisfaction of users of the activity.
Likewise, the continued growth of information and communication technologies, and also of the telematics, has allowed us to design new tools through which the user can decide freely if you want to participate, and to what extent, in the bet of a cardboard, which allows you to enjoy the game with a smaller investment. Andorra cannot help but incorporate the leading technologies in the services that affect the activity of a key sector such as tourism, or in sectors that are related directly, such as leisure and entertainment, without prejudice to keep all the protective measures that may be necessary for the general interest.
In correspondence with what has been exposed, the law should envisage, equally, how will deliver, depending on its type, the tax charges to which it is subject, since its origins, the game of bingo. It is necessary, therefore, to extend the taxable, its accreditation, as well as the form of payment of taxes, depending on the specificities of each one of the forms which includes the law.
As it may not be in another way, the law expands the prevention of the impact that you can have the game, establishing new regulatory mechanisms that offer legal certainty to operators and participants in the games, without forgetting the essential protection of minors and of persons at risk to the effects of the game, as well as the protection of public order and the prevention of the laundering of capital and financing of terrorism.
Participation in betting and gambling can result in personal problems to a small group of users and in particular to people with personal, family, financial risk factors, social, occupational and other diseases related to advise a control of your access to the premises. One of the intentions of this modification of the law is that informs all the countries of the EU to regulate the activity to protect the user.
Likewise, it is considered necessary to carry out a more thorough review of the provisions of article 8 in force, taking into account the social changes and the hospitality legislation subsequent to the enactment of the law of bingo (in 1996), such as the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism.
Similarly, extending the classification of infringements to the behaviors contrary to mandatory rules resulting from this modification.
Finally, the new legal text empowers the Government to issue all the necessary measures for the implementation of the law and to establish inspection and control measures on the activities directly related to the operation of the bingo game.
Article 1 modifies article 1 of the law of the game of bingo, which is worded as follows: "Article 1 scope of the law this law aims to regulate the game of bingo in the Andorran territory. Are included, therefore, within the scope of this law:-the companies dedicated to the management and the operation of the bingo game.
-The premises where it is practiced the game of bingo.
-People who manage, exploit-even the staff-or practicing the game of bingo, as well as any other person present on the premises where it is practiced the game. "
Article 2 modifies article 2 of the law of the game of bingo, which is worded as follows: "Article 2 definition and legal regime 1. This law regulates the following types of bingo game: a) the traditional bingo. It is a lottery played on a maximum of 90 numbers, from 1 to 90, in which players have as a unit of game boards or cards. The game takes place in an authorised establishment, called sala, through physical and virtual or cardboard that are handed out to the players either in person in the first case, either by a computer in the second.
b) interconnected bingo. It is a modality of traditional bingo game that is done through physical and virtual or cartoons, in which the game takes place in a coordinated manner on two or more authorized establishments, and in which a machine acts as a radio operator, and the rest, as in receiving the information.
c) the game with machine or videobingo. Is a game in which the players play with a machine through the acquisition of one or more electronic boards, made up of numbers or graphic representations, and what are the winners that form the combinations previously established. In the game with videobingo each machine generates random combinations of electronic and character for every game that you play. The videobingo machine is connected to a main server which records the combinations produced on each move of each one of the machines connected, or generated at random and electronic combinations of balls for each one of the machines of the same establishment or room, or, Alternatively, between the various establishments and a single server random generator of balls. The videobingo only be practised in authorized rooms to practice the traditional bingo game. The maximum number of machines allowed in a room is fixed at the rate of a machine for every five places that are effectively intended to play traditional bingo in the establishment or the room where they are installed.
2. The activity of the bingo game using physical cards can only be practised with the official paper issued by the Government.
3. The authorization, the Organization and practice of the game of bingo is regulated by the provisions contained in this law and by the provisions of general character or applicable regulatory. "
Article 3 modifies the article 3 of the law of the game of bingo, which is worded as follows: "Article 3 Regulation of the game of bingo is up to the Government to regulate the rules of operation of the bingo game, the rules applicable to their practice and control, and the awards that have been granted, which shall consist of an amount in euros , distributed among the players, in accordance with the following criteria: a) in the form of traditional bingo, an amount equivalent to, at least, 70% of the value of the cartoons sold by the company through the bingo hall.
b) awards in the form of interconnected traditional bingo may not be less than 70% of the value collected in the game, on the set of interconnected rooms.
c) in videobingo, either interconnected or not, the percentage for prizes in the whole of the Games held in each quarter to the same authorized holder can not be less than 80% of the amount played. The Government has to regulate the procedure and the minimum amounts that must be paid in the achievement of the winning combinations. In any case, the competent authority in the field of play must be informed at all times of the distribution of the prizes for winning combinations. "
Article 4 modifies the article 8 of the law of the game of bingo, which is worded as follows: "Article 8 Admission and control of players Each bingo game room should have one admissions service, you have to fill out a numbered token, with the name and surname of each visitor, and where he has to score each visit. After the opening and registration of the tile, it must issue a visitor's card which gives access to the bingo game room. The validity of the visitor card can be between one and thirty days.
The information collected in the form of visitors cannot be used for any purpose not provided for in the law, are subject to the rules of data protection and can only provide requirement of the judicial authority or the authority in charge of game in Andorra. The information of the visitor can be contained in a computer support to facilitate the consultation and the expedition of the visiting card to the admissions service.
The limitations which, in the exercise of their right to refuse admission, using exploitative companies established in relation to the admission of the players in the game, must be public and not discriminatory.
Regardless of the above, the Agency in charge of the game in Andorra must notify operators people who have limited or prohibited the entry into the game of bingo, which are the following: a) Are minors, unless the room is played in traditional quinto.
The Government, in accordance with the third additional provision, should regulate the access to and the practice of the game on the part of minors, as well as the additional measures of control.
b) national people or residents, judicial decision, have been declared incapable, pròdigues, insolvent or declared in suspension of payment or bankruptcy, as long as you are not restored.
c) The people who are in condition of probation for economic crimes or subject to security measures.
d) people that are under the effect of the ingestion of alcoholic beverages or drugs, or which could disrupt public order.
e) people who carry weapons.
f) national or resident people beneficiaries of aid granted for socio-economic criteria coming from the Administration, or national or resident people beneficiaries of grants of socio-economic character from Andorran institutions subsidised by the Administration as determined by regulatory pathway.
g) people excluded by specific administrative or judicial resolution.
h) people who represent a risk to the security of the State, of persons or goods, or to public order.
and people with mental disability) can access the game, always accompanied by a person duly proven cost, but may not participate in any of the bingo games that are authorized to practice.
The operator, regardless of the provisions of articles 47 and 49 of the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism, must notify the body in charge of the game are beneficiaries of awards equal or superior to the equivalent of fifteen thousand euros (€ 15,000). This communication must be made within a period of no more than thirty days from the granting of the award.
The Government, established by the regulatory development of the data communication between the organism in charge of the game and the entities and organisations subject to the fulfilment of this article.
The events that occur in relation to the admission of players have to collect, with the highest details, in the book of acts of the day of the corresponding session, it can be with all kinds of support, or documentary. "
Modifies the article 9 of the law of the game of bingo, which is worded as follows: "Article 9 The Staff personnel at the service of the bingo halls must, as a minimum, the following requirements: a) Was of legal age.
b) Speak Catalan correctly.
c) does not have a criminal to a crime.
d) subjected to the obligation in the terms established by the regulations.
Administrative personnel should follow specific programs of lifelong learning, in order to have the competence to detect and understand the legislation in respect of operations which may be related to money laundering and the financing of terrorism.
Also, must have the accreditation issued by the Ministry in charge of health and social welfare in accordance with the training that exceeded this Ministry to be taught about the pathological behaviour of the game. "
Article 6 modifies the article 10 of the law of the game of bingo, which is worded as follows: "Article 10 classification of infractions to serious offences) are committed by the administrators of the authorized companies or by the staff of the bingo rooms:-in general, the fact of contravening any of the provisions contained in titles II and III of this law.
-Failure to comply with orders, commands and prohibitions contained in the specific authorizations, and also the fulfilment of administrative acts of execution.
-The fact of promoting or practicing the game of bingo at the margin of the authorization granted or of the rules laid down.
-The sale of cartons or other Government-issued physical officials at a price different from their face value authorized.
-The fact of participating as a player directly or through a third party in bingo halls where we provide services. This prohibition is also available to administrators and to the shareholders of the company approved.
-The fact of granting loans to players.
-The failure to the authority the information and documents requested.
-The fact of having incomplete or inaccurate the files of visitors to the bingo halls.
-The fact that I don't have the book or sheet of claims in the bingo halls, refusing to put them at the disposal of those that claim and not processed within established the claims made.
-Failure to comply with the technical standards of the regulation of the game of bingo.
-The fact of exercising coercion or intimidation on the players, in case of protest or complaint.
-The installation into an establishment licensed to a number of machines authorized.
-The acquisition, by any title, and the installation of bingo machines, including servers, computers or any other auxiliary material, which does not correspond with the models or the authorized systems.
-The manipulation of any machine, apparatus, equipment or installation in order to alter the percentages of awards established by law, or to alter the control registers.
-Recidivism in mild infractions of the same nature that occur within a period not exceeding six months.
(b) serious offences) are committed by visitors and players:-the fact of refusing to identify themselves at the request of the head of the room or of the accredited person.
-The interruption of a game for any reason unjustified.
-Counterfeiting cardboard or the use of cartons in other rooms or belonging to series that are not announced and put into circulation for a particular game, or falsification or modification of that have been put on sale.
-Recidivism in mild infractions of the same nature that occur within a period not exceeding six months.
c) Are minor offences which do not constitute a serious infringement as long as they are not constitutive of the crime and which do not produce a damage to third parties or benefits for the offender or for people connected with him. "
Article 7 modifies the name of the title V of the law of the game of bingo, which is worded as follows: "title v. tax on bingo game" Article 8 modifies the article 14 of the law of the game of bingo, which is worded as follows: "Article 14 legal and taxable Nature 1. The tax on bingo game recorded the practice of this game to the game of bingo allowed.
2. Constitute taxable the following actions taken by the company owner to exploit a bingo game room: a) the acquisition of physical cartons by the company owner.
b) sale of cartons by means of auxiliary computers virtual to carry out the traditional bingo game.
c) the installation and operation of machines destined for the game with videobingo in the room or the hotel. "
Article 9 modifies the article 16 of the law of the game of bingo, which is worded as follows: "Article 16 Tax Base constitutes the basis of taxation: a) in the form of traditional bingo, the total value of the boards through which practiced the game of bingo, whether physical or virtual.
b) in the form of bingo with videobingo, the number of authorized machines that operate in every establishment or venue. "
Article 10 modifies the article 17 of the Law of the game of bingo, which is worded as follows: "Article 17 tax rate 1. The tax rate of the tax on the traditional bingo game on the modalities that involve the sale of physical or virtual cartoons in a twelve percent (12%) of the base of the taxation.
2. Variations of the game of bingo with videobingo are taxed a fixed amount of three thousand seven hundred euros (3,700 €) per year for each of the machine which has authorized the installation.
When the authorization to install a machine has been awarded a day other than January 1, the annual fixed fee of the first year, in the previous section, it is prorrateja by the number of calendar quarters in which it has been prepared of the authorization. Likewise, in the event that a machine will give low, not counted the quarters remaining natural from the date on which the Government has been low.
3. The law of the General budget can update or adapt the tax rate established in this law. "
Article 11 modifies the article 18 of the law of the game of bingo, which is worded as follows: "Article 18 Accreditation 1. The tax on the traditional bingo game with physical paper is credited at the time when the tax obligation acquires the cartons.
2. The tax on traditional bingo game with virtual cards is credited on a quarterly basis, at the time of the provisional payment of the income from the sale of the virtual boards made within the three months prior to the month that natural is made up the settlement.
3. The tax on the game of bingo with videobingo is credited at the time of the request for authorisation of installation and use of the device. "
Article 12 modifies the article 19 of the law of the game of bingo, which is worded as follows: "Article 19 Payment the tax required must pay the tax fee in accordance with the following deadlines: a) for the traditional bingo, using cardboard physicists, at the time when the tax obligation. On the tax fee is added to the price of manufacture of cardboard.
b) for the type of traditional bingo, by twenty calendar days, virtual cards of each month following the term natural corresponds to the settlement made.
c) for the type of bingo with videobingo, the first time, at the time that you present to the Government the request for authorisation of installation and use of the machine, and then, as long as you notify the downside to the Government, within the first 30 days of each year. "
Article 13 modifies the article 20 of the law of the game of bingo, which is worded as follows: "Article 20 the Ministry of Finance tax management functions of management, settlement, collection and inspection of the tax on the game of bingo, in the way in which regulations are established.
The Government will not apply the records transfer, reform or of establishments, or change of address, if the interested parties have not justified the payment of all debts accredited by the tax on bingo game. "
In the absence of the additional provision that is not foreseen in this law, apply in the subsidiary that corresponds to the law of international criminal cooperation and the fight against the laundering of money or securities of international crime and the financing of terrorism.
The transitional provision authorized operators prior to the entry into force of this law must conform to the law and the regulations that develop it within a period of three months counting from the day of its publication.
The permissions that have been granted until the date of the publication of this law shall be subject to the requirements and conditions established by the law that regulates the activity of the game in the Principality.
The Government declares the expiry date of the licences granted to operators that have not been adapted within the deadline established in the present law.
Repealing provision abolishes all provisions of equal or lower rank that conflict with what is established in this law.
First final provision empowers the Government to issue provisions and adopt the necessary measures for the development and implementation of the provisions of this law.
Second final provision is responsible to the Government that, within a maximum period of sixty days from the date of entry into force of this law, published in the official bulletin of the Principality of Andorra, by Decree, and the revised text of the articles of the law of the game of bingo, from the 28th of November 1996, amended by the law amending the law of the game of bingo , 15 November 2001, including all modifications and additions provided by this law.
Third final provision this law enters into force on the same day to be published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 18 October 2012 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra