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Law Of The Game Of Bingo, 28-11-96

Original Language Title: Llei del joc del bingo, de 28-11-96

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Law of the game of bingo since the General Council in its session of 28 November 1996 has approved the following: law of the game of bingo reason the game has been and is a constant activity in the social behavior of human communities throughout the ages and in all places. Its current impact on the tourism sector, recreational and industrial has been repeatedly highlighted in all the studies of development of the model of additional tourist offer.

It is necessary to ascertain, on the other hand, the evidence that in spite of the ban have been developing and extending a series of forms of the game more or less tolerated that does not bring anything to the budgets of the State and that, in the lack of regulation and control, are a source of possible social problems.

One of these is the modalities of bingo, which under the form of fingers "traditional took place" began to spread as a practice of the game identical to that of the neighboring United States, with the peculiarity that, known, tolerated and authorized as it was before and after the new institutional structure of the State, only provided a supplement of income in certain sports organisations and private companies , and not to the public finances in general.

Taking into account the need to regulate the activity of the game of bingo, all providing a legal framework for the protection of the users, so totally independent to the regulation of other games that remain, for the time being, prohibited in the Principality, it is desirable that the game of bingo is regulated by a specific law.

This law creates, at the same time, the rate on the game of bingo, considering it necessary that this fee is to periodically adjust to the circumstances specific to the activity of the mentioned game, with the double purpose of avoiding instability to the sector and raise the rate of proportional to their actual performance.

This law represents, indeed, an innovation in the field of commercial law of Andorra with regard to the requirements imposed on companies using exploitative of a bingo hall, in particular with regard to its minimum capital and the control of permanence of this capital over the course of its existence.

Indeed, the possibility established by this law the Government can know, in an effective way, the economic situation and heritage of using exploitative societies activities, using audited financial statements, and also the possibility of declaring the expiration of permits granted to those companies that they meet all legal requirements necessary to develop their activities, are exceptional measures and guarantee control of the activities of the game of bingo in Andorra , as well as the quality that these must have permanently.

Other measures, such as the specialty and the exclusive dedication of the rooms in the game of bingo and the deposit at check-in to the INAF, which have to set up from the beginning of the authorisation holders, companies complement the set of guarantees established in order that the practice of the game of bingo is a worthy activity and away from any conflict or social demerit.

In short, this law collects and adapts to the specificity of Andorra are the elements, the limitations and the measures that other legislation on the game have recently been established to ensure the quality of the sector.

Even though the need expressed in the present exhibition of illustrations and proceed to the regularisation of an activity that takes place in the Principality of Andorra without a specific regulations, it is necessary to bear in mind the need to pass on the best terms a framework law that regulates all the activity of the game and to create competent technical bodies for the control and development in the best conditions of this activity , which provide safety and efficacy by the agents involved and that cover the gaps that the current law of bingo may be present.

Approves, then, this law of the game of bingo: title i. General provisions Article 1 Scope of the law this law aims to regulate the game of bingo.

Are included, therefore, within the scope of this law: companies devoted to the management and the operation of the bingo game.

The premises where it is practiced the game of bingo.

The people who manage, operate or engage in the game of bingo.

Article 2 definition and legal regime The bingo game is a lottery played on 90 numbers, from 1 to 90 inclusive, in which the players have as a unit of the game boards or integrated card for 15 different numbers and distributed on three horizontal lines of five numbers each and nine vertical columns; in any column can have three, two or one number, but never can there be a column without number.

It rewards the following combinations: a) line: is understood to consist of a line when they have been extracted the numbers that make up, as long as it has not been sung correctly by another player during the extraction of the previous balls; can be any of the three that form a cardboard: higher, lower and central.

b) Bingo: it is understood that you get bingo when you have extracted the fifteen numbers that make up a cardboard.

In each case, the appearance of more than one winning combination is determined by the proportional distribution of the prizes.

The game of bingo can only practice with the official cardboard issued by the Government.

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 regulatory may apply.

Article 3 Rules 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 the prizes awarded, which must consist of the distribution between the players of a deal in URmetàl.lic equivalent to 70% of the face value of the cards sold by the company through the bingo hall as well as the application of appropriate sanctions.

Title II. Of companies and bingo game Article 4 requirements that have to fulfill the companies the Government grants the authorization for the exercise of the activities of a bingo game room in those societies that meet the following requirements: 1. They have been constituted in legal form of joint-stock company, in accordance with the legislation in force in Andorra.

2. That the social object constitutes the only operation of a bingo game room.

3. To establish its laws: That social capital is, at least, one hundred million pesetas, fully subscribed and desembossat, by means of monetary contributions.

The net worth of the company cannot be in any


case and under any circumstances, and that throughout its existence, less than the minimum capital indicated before. If the social losses minoren equity of the company up to an amount less than the minimum listed as social capital, the company must increase conveniently and immediately your capital in the amount necessary so that your net worth is not never less than one hundred million pesetas.

The shares representing the share capital have the character of nominatives, compulsorily recorded in the corresponding service of the Government, in the book of actions nominatives of bingo game rooms using exploitative societies, in which they have to score any transmission or the Constitution of any right on these actions by a third party, that, in all cases, must be previously accepted by the Government.

The Chairman of the Board of Directors, and also, if this is the case, the administrator or administrators indistints of society, must be of Andorran nationality or accredit a residence for more than twenty years in the Principality of Andorra, and that they have to exercise permanently the legal representation of the company in front of third parties.

That the annual accounts of the company were to close on the last day of each calendar year, and which must be audited by external auditors in exercents in the Principality of Andorra. A copy of the annual accounts and the Auditors ' report, duly signed by all the directors of the company has to deliver to the Government before March 31 following the date of the closing of each social exercise.

Article 5 of the application for authorization of the activities of the game of bingo societies that meet all the requirements established in the previous article, in order to operate a bingo game, you have to ask for necessarily and government authorization beforehand.

In the previous application you need to append the following documents: An authenticated copy of the documents proving the identity of all the directors and all the shareholders. If they are legal persons, have of delivering the documents proving the identity of the individuals who have the control and the domain of those, and has been at all times to facilitate the identification of Directors and of the shareholders or partners of the company, and also the administrators and members of the shareholders and participants in that, to determine the individuals who have effective control over the company.

The negative certificate of criminal records from all of the individuals indicated in the previous section.

An economic report, signed by all the directors and the shareholders of the company, about the viability of the operation of the activity for which the administrative authorisation is sought.

A report which will describe: 1. organisation and functioning in the game.

2. The procedure to be used for the selection, training and organisation of staff.

3. The chart of accounts of the society and the criterion for the total amortization of tangible assets in a maximum period of five years.

4. The relationship of the security measures of the establishment, which necessarily must have systems of detection and prevention of fires and a description of surveillance and security services of the establishment.

5. The criteria of quality and the periodic revisions of the material needed for the game of bingo.

The supporting document in accordance with a deposit has been made to the INAF fifty million pesetas. This deposit will be paid, at a minimum, to the appropriate market reference interest rate less than one point.

This repository must ensure any financial responsibility of the applicant society before the public administration and in front of third persons, throughout the period of validity of the administrative authorization-payment of prizes, fees, wages and social charges – as well as pecuniary sanctions.

A certificate of the requesting company through which it accredits the appointment of external auditors and the acceptance on the part of these.

Article 6 of the bingo game rooms, the practice of the game of bingo must be carried out only in rooms specially equipped for this purpose, an area sufficient to accommodate the public. There must be a minimum space of 1.5 square metres per person. Added to these minimum requirements all the space necessary for services: bar, cafeteria, restaurant facilities, security measures, offices, warehouse, dressing room and toilets.

The access to the rooms must be provided directly from the street.

The bingo game rooms have to devote himself exclusively to the game of bingo and you can not hold other games, or any other activity, with the exception of took place.

Companies that want to offer to the public the complementary services of bar, café or restaurant have to specify it in the stipulated memory in the previous article and have the corresponding administrative authorizations. In any case, these services are necessarily the same schedule that the opening to the public of the bingo hall.

The opening and closing hours of the premises will have to hold to the stipulated regulations.

Article 7 Permits permits are personal, non-assignable, temporary and always have a validity of five years and may be renewable for periods of the same duration. The application for renewal must be submitted one year before each due date and the resolution does not grant it does not give right to any compensation.

The Government deny authorization for the exercise of a game to lack or negative rating of the documentation referred to in article 5, and also for the breach of any of the requirements set out in the present law.

The Government declares the expiry of authorisations granted or refused renewals: When the holder of the authorization to lose any of the conditions or ceases to comply with the legal requirements necessary for the authorization.

When they occur in the opening of the premises or the room within a maximum period of one year, or if the room remains closed more than thirty consecutive days without prior permission, unless the interruption of its operation is due to causes of force majeure.

Article 8 of the players Each game bingo 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 and are subject to strictest secret and can only be provided at the request of the judicial authority.

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.

Regardless of the special limitations on admission of players in the bingo game that may be established, if applicable, the same using exploitative companies, which must be placed on knowledge of Government, have prohibited the entry into the game of bingo: a) Are minors, except in the room will play traditional quinto.

b) people who, by judicial decision, have been declared incapable, pròdigues or guilty of fraudulent bankruptcy, as long as you are not restored.

c) The people who are in condition of probation 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) The beneficiaries of grants from the Ministry in charge of Social Affairs.

g) people excluded by specific court decision and the excluded for administrative resolution to request or of its own.

The events that occur in relation to the admission of players must collect, with the highest details, in the book of acts of the day of the corresponding session, which may also be brought by computer support.

Title III. Of staff Article 9 General requirements of the staff the staff in the service of the bingo halls must, at a minimum, the following requirements: Be of age.

Properly speaking the Catalan.

Not having a criminal to a crime.

Be subject to the obligation to reserve under the terms established by the regulations.

Title IV. Penalty provisions 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, not any of the provisions contained in title II of this law.

Disobeying orders, commands and prohibitions contained in the specific authorizations, and also not administrative acts of execution.

Encourage and/or practice the game of bingo at the margin of the authorization granted or of the rules laid down.

The sale of other cartoons that the officers issued by the Government or at a price different from their face value authorized.

Participate 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.

To grant loans to players.

Do not send to the authority the information and documentation they request.

Have incomplete or inaccurate the files of visitors to the bingo halls.

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.

Not at all the technical standards of the regulation of the game of bingo.

Exercise coercion or intimidation on the players, in case of protest or complaint.

Recidivism in mild offences of the same nature that occur within a period not exceeding six months.

(b) serious offences) are committed by visitors and players: refusing to identify themselves at the request of the head of the room or accredited person.

Interrupting a game for any reason unjustified.

Fake boards or use their acquired in other rooms or belonging to series that are not announced and put into circulation for a particular game, or forge or modify those that have been put up for sale.

Recidivism in mild offences of the same nature that occur within a period not exceeding six months.

c) Are minor offences any other infraction that does not constitute a serious violation and that it is not always constitutes a crime, does not produce damage to third parties or benefits for the offender or for people connected with it.

Article 11 administrative sanctions 1. Serious infringements are penalised with: a) The temporary or definitive revocation of the authorization.

b) fine of up to ten million pesetas.

2. minor offences will jointly sanction or alternatively with: a) the suspension of the authorization for a maximum period of one year.

b) a fine of up to five million pesetas.

Article 12 Responsible are responsible for infringements of the natural or legal persons who carry out the actions or omissions classified as infractions. The owners of the respective authorizations respond always severally to the offences committed.

Article 13 sanctions Gradation to determine the gradation of the sanctions should take into account the personal circumstances and materials that contribute to the facts, and in particular: The intentionality of the offender.

The caused directly to third parties and to the administration.

Recidivism or repetition in the Commission of an offence.

The spontaneous fulfillment of the obligations or the formal duties the offender on its own initiative, at any time of the sanctioning process if it has not yet been issued a firm resolution.

To determine the gradation of the sanctions has to be taken into account in any case, the principle of proportionality between the offence committed and the amount and the effects of the sanctions.

Title v. Fee about the game of bingo Article 14 legal status and made The tax rate on the bingo game recorded the practice of this game to the game of bingo allowed.

Is taxable to the acquisition of cartoons by the company owner for the operation of a bingo game room.

Article 15 taxable tax Is obligated the company holder of the authorization for the operation of a game of bingo.

Article 16 the basis of taxation is the tax base the total face value of boards through which practiced the game of bingo.

Article 17 tax rate The tax rate of the rate on the game of bingo is set at a minimum of 10% and a maximum of 15% of the tax base.

Article 18 the Acreditament about the game of bingo is credited at the time of acquisition of the cartoons by the tax obligation.

Article 19 the tax Payment required has made payment of the


tax fee at the time of the acquisition of the cartons.

On the tax fee, add the price of manufacture of cardboard.

Article 20 of the Management the Ministry of Finance carries out the functions of management, settlement, collection and inspection of the rate 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 rate of the game of bingo.

First additional provision of the tax share of the rate The budget Law can update or adapt the amount of the tax payment of the fee on the game of bingo.

Second additional provision face value of the peseta value of cardboard cartons that are put into circulation is 100, 200, 300, 400, 500, 1,000 and 2.000 PESETAS.

Third additional provision The traditional game of quinto can be continued, either in a bingo game room or in another suitable premises for that purpose, during the period from 1 December to 15 January of the following year.

In any case the prizes of quinto URmetàl.lic, nor may be traditional in may be given to the winners in a monetary amount equivalent to head and in exchange of the prize.

The Government will specify the regulations prior to 1 December 1996 the conditions under which you will be able to arrange the game in the fifth.

First transitional provision adapting the bingo rooms The natural or legal persons holding rooms that are currently developing this type of game can continue in the aforementioned activity, in the same premises, while in a maximum period of six months from the entry into force of the present law, have to adapt to the rules established in this law and in the provisions in the regulations the development.

Within ten days of the entry into force of the present Law the companies that manage the two currently existing bingo halls are forced to go to a Government demand to be registered as responsible for the activity in these rooms during the transitional period.

On demand you must include a copy of the by-laws and of the card of the registry of Commerce, and the relationship of the current charges of the company or the company.

Second transitional provision economic participation of sports entities in the bingo game Considering that some sports organizations, following the existing practice so far, have established agreements with rooms that work with the previous system which regulates the present law, is allowed in these sports entities, within the non-extendable term that ends on June 30, 1997, economic participation in the game of bingo in the same method developed to date , with the understanding that the responsibility of the game during this period is the natural or legal person the owner of the company that manages the game room.

Third transitional provision transitional tax Regime tax fee, during the period from the entry into force of this law until 30 June 1997, noting exceptionally in the eight percent (8%) only for those cases to which refers the second layout above.

First final provision abolishes all provisions of equal or lower rank that conflict with what is established in this law.

Second final provision this law enters into force on the day of its publication in the Official Gazette of the Principality.

Casa de la Vall, 28 November 1996 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra