Modifies The Law Naº19.995 And Extending The Operation Of The Municipal Casino

Original Language Title: MODIFICA LA LEY Nº19.995 Y PRORROGA EL FUNCIONAMIENTO DE LOS CASINOS MUNICIPALES

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley Nº19.995, que establece las bases generales para la autorización, funcionamiento y fiscalización de casinos de juego: 1) (Agreganse, in article 3, the following letters)(, l) k and m):" k) economic offer: amount of money expressed in u.f., offered by a partnership applicant for a permit of operation or renewal of the same and raised by the Treasury service "" which will be paid annually to the municipality corresponding to the commune in which the casino is located.

The economic offer will provide additional money to the percentage of the tax provided for in article 59, and your payment must be guaranteed by society applicant by any of the instruments laid down in this law.
(l) technical offer: set of proposals made by the company operator applicant, which shall consider each of the requirements laid down in the technical bases, in accordance with the provisions of articles 17, 18, 20, 21 bis and 23 of this law.
(m) technical basis: set of standards and specifications, drawn up by the Superintendency, which must meet the companies applicants to be evaluated. "."

((2) amending article 18 as follows: to) replace, in its first paragraph, the expression "commercial that the regulation establishes" by the phrase "referred to in the final paragraph of this article".
(b) add the following final paragraph: "to comply with in the preceding subparagraphs, the Superintendency is empowered to investigate commercial, tax, financial, administrative, civil and criminal background to verify the requirements established by law. In addition, may ask the applicant society, if it is deemed relevant, justify the origin of the funds which go to fund his bid to an operating license. "."

(3) replace article 19 with the following: "(Artículo 19.-Las solicitudes de permisos de operación o de renovaciones de los mismos deberán efectuar_se en los periodos que se indican y de conformidad ael siguiente procedimiento: a) decision to initiate: in advance which shall not exceed forty-eight or be less than thirty-six months from the expiration date of the permissions on the current exploitation" the Superintendence shall be given a resolution declaring formally open the process of granting or renewal of permits, as appropriate.
This resolution must declare the time and place for the removal of the technical bases and the date, time and place of delivery of technical and economic bids. Also, it must be published in extract in the official journal and complete, in a newspaper of national circulation in accordance to the rules which will establish the respective regulations.
Without prejudice to the provisions of the first subparagraph, in the case of permits operation from becoming extinct by application of any of the grounds provided in subparagraphs b), c), d) and e) article 30 of this law, the Superintendent must dictate the resolution before designated within a period not exceeding 180 or lower to one hundred and twenty days counted since it is rendered the decision giving rise to the extinction of the corresponding permission under the terms set out in the regulation. In any case, this latest resolution should contain the Declaration of vacancy of the respective operation permit and expressly point out the term that will be declared open formally the granting of the corresponding permissions of operation process.

(b) hearing for submission of tenders: on the day and place designated by the decision to initiate, which in any case must be between the 1990s and the hundred and twenty days following the publication of that will be held the audience of presentation of the technical and economic of each of the candidates offer. At that hearing, which will be public, the Superintendency will open the technical offer and verify containing each of the documents requested. Meanwhile, a representative of the Gaming Control Board article, with appropriate safeguards, the economic offer to the respective audience.
(c) evaluation: within 120 days of the hearing referred to in the previous paragraph, the Superintendency should carry out the process of evaluation of the technical bids. Such an assessment, accompanying the respective record and indicating the weighted each of the applicants, score will be proposed to the Gaming Control Board, which will ratify, will request the revision of it or put term assessment, where appropriate, in the period of forty days from the receipt of the records. Require the revision of scores, the Superintendent shall be dealt within a maximum period of five days from the requirement.

The Superintendent shall not give course to the evaluation of requests that not complying with the requirements laid down in articles 17, 18, 20 and 21 bis of this law.

(d) resolution of evaluation: the evaluation has been completed, the Superintendency dictate a resolution in answer to it, indicating the weighted scores end of each of the applicants or stated in the second paragraph of the literal precedent, as appropriate, and will be mentioned to the audience of the opening of the economic offer to those who had obtained the minimum score weighted.
(e) opening of the economic offer hearing: within five days following the publication of the resolution of evaluation, must be carried out economic offer opening public hearing, in which a representative of the Gaming Control Board should open envelopes containing bids of those applicants who have passed the minimum weighted score established by this law.
(f) resolution granting, denial or renewal of permits: within five days following the date of the opening of the economic offer hearing, the Superintendent shall be given resolution granting, denial or renewal of permits. "."

((4) amended article 20 in the following way: to) first replaced the chapeau of the paragraph by the following: "article 20.-the technical offer must contain and accompanied, where appropriate, at least:".
((b) insert in your letter to), between the word "shareholders" and the semicolon, the phrase ", in the form to establish the rules, to verify compliance with the requirements required by law".
((c) replace the letter c) the phrase "The economic and financial report, comprising" by "the economic offer and the financial report, which shall include".
((d) disposed of, in your letter i), the word "pre-qualification".
e) replaced in his letter j), the expression ", and" by a semicolon.
((((f) incorporate the following letter k), passing the current letter k) to be letter l): "k) a bond or guarantee, payable at the sight and irrevocable character, issued in favor of the Superintendence of Casinos, in the amount and according to the modalities established the regulations, to ensure the cabal and timely fulfilment of the payment of the economic offer" , y".

(5) replace article 21 with the following: "article 21.-the SVS will have powers to investigate the background in compliance with provisions of the final paragraph of article 18, including natural persons that integrate the companies shareholders, as also the origin of the contributed capital, both with respect to the requirements laid down in the said article as those set forth in articles 17 '' , 20 and 21 bis.

This process costs shall be borne by the applicant company, pursuant to the letter i) of article 20.

The powers set out in this article shall be, in the same way, exercised by the Superintendency whenever, already granted an operating permit, be decommitted changes in the shareholding or the capital of the company, as also to be incorporated when a new participant in the society operates. "."

(6) add the following article 21 bis: in a State of insolvency. "
(b) have been, in the last fifteen years, director, Manager or shareholder in a company operator which has been revoked its operating license.
(c) have provided to the Superintendency false, incomplete, inconsistent, adulterated or manifestly erroneous information about his background.
(d) not have accompanied the background required by the Superintendent to carry out the assessment in a timely manner.
(e) be a member or Manager of companies or societies who maintain unpaid debts with the IRS, whose payment term is expired.
(f) have been punished administratively, by a firm decision, by three or more serious offences in the past five years for breach of the rules that regulate the activity of casinos.
(g) have been sanctioned the legal person, any of the offences referred to in the law Nº20.393; or shareholders individuals pursuant to the provisions of articles 27 or 28, law Nº19.913, law Nº18.314 or articles 250 and 251 bis of the Penal Code.

Likewise, the grounds referred to in this literal will also set in those cases in which shareholders are legal or natural persons, have been convicted of offences equivalent abroad. "."

(7) replaced article 22 with the following: "(Artículo 22.-Respecto de cada solicitud de operación que se presente, la Superintendencia deberá requerir informe a los siguientes órganos: a) Ministry of the Interior and public security, which shall take a decision with regard to the considerations of security and public order that meets the site and its immediate surroundings."
(b) national tourism service, which shall take a decision with regard to the quality of tourist destinations consolidated territory or clear potential tourist from the site of the casino game whose operation permission is requested.
(c) administration of the region in which the establishment, which shall take a decision with regard to the commune proposed by the applicant and the impact on regional development is required.
(d) municipality of the commune in which the establishment, which shall take a decision with regard to the impact and the viability of the logistics to carry out the project in the commune is required.

These reports will be weighted in the way established in the regulation.

Required organs and the Superintendent may apply to the applicant the information necessary to better resolve and require clarifications or additional information deemed appropriate. "."

(8) replace article 23 with the following: "article 23.-together with the fulfilment of the requirements laid down in articles 17, 18, 20, 21 bis, societies applicants will be subjected to an assessment of the criteria and factors listed below, by applying to the effect that weighting for each one of them set the rules: 1.-favorable reports of the bodies referred to in article 22."
2.-the qualities of the integral project and its plan of operation, considering the effect the following specific factors: to) the increase of the tourist offer of the site area.
(b) the location, design and quality of the facilities.
(c) the harmonious relationship with the environment.
(d) the connection to services and public roads.
(e) the socio-economic effects that the installation of the establishment shall create or promote in the geographical area of its location.
(f) the amount of the total investment of the project run by the applicant.

3. the evaluation of the performance or exercise operational casino game, in the case of an application for renewal of permission for operation of an establishment in current operation.

For this purpose, the Superintendent shall constitute to the interior of the Superintendency, and chaired by him, a technical evaluation Committee, whose operation and integration shall be determined in accordance with the regulations. "."

(9) delete article 24.

(10) replace article 25 with the following: "article 25.-to obtain an operating permit must be reached, at least 60% of the total sum of weighted scores established by regulation and, at the same time, having presented the highest economic offer." Offers technical and economic tie shall be decided in accordance with the rules of procedure.

However, society operator applying for the renewal of an existing operating permit will have preferential right to obtain permission when, having matched with another applicant in the economic offer society, has obtained one weighted score higher in the technical evaluation stage. "."

(11) added, in paragraph first of article 26, following the word "shall", the following phrase: "(dictar_se dentro deel plazo establecido en el literal f) of article 19,".

12) amended article 27 of the following way: to) replaced in its letter e) the expression ", and" by a semicolon.
((b) replace, in its letter f), the point by the expression ", and".
((c) add the following literal g): "g) the economic offer amount committed by the applicant society.".

(13) add the following article 27 bis: "article 27 bis.-against the resolutions of evaluation and grant, denial or renewal of the operating permits, is may bring the appeal referred to in article 10 of the law Nº18.575, organic constitutional General bases of the administration of the State, the revised, coordinated and streamlined text was set by the decree with force of law N ° 1" , 2000, the Ministry General Secretariat of the Presidency, in the period of five working days counted from the day following the notification of the respective decision. The SVS will have ten working days to resolve.

Applicants who consider that the resolutions of the Superintendency does not conform to the law, regulations or provisions which apply apply may claim them before the Court of appeals of Santiago, within the period of ten working days from the notification.

By the filing of the claim of the claimed Act effects will not be suspended, nor the Court can impose measure any with that object while the claim is pending.

The Court of appeals will transfer the claim to the Superintendency, notifying it by trade and this will have a term of 10 working days counted from the notification filed claim, to comment.

Evacuated the transfer by the Superintendency, or the payment that has to comment, court ordered to bring the car in relation and the cause is extraordinarily added to the table for the next hearing, prior the room draw. The Court may, if it considers this appropriate, open a probationary term which may not exceed seven days, and listen to the allegations of the parties. The Court will issue a ruling within a period of fifteen days. Against the decision of the Court of appeals shall not appeal. "."

((14) amending article 28 of the following way: to) Efectuanse the following amendments in its first paragraph: i. replace, in the first sentence, the text "for the start of the operation of the casino game itself, and three years for compliance with other works or installations comprising the project; all this cash"by the word"counted".
II. replace, in the second sentence, "referral deadlines" expression "of the referred period".
(b) be replaced in your second paragraph the phrase "Due the respective terms or the extension" "Expired the term or the extension".
(c) replace the final paragraph by the following: "circumstances accredited by the society operates, for the purposes of the granting of the certificate referred to in the preceding paragraph, must be kept during all the duration of the operating license, which will be inspected by the Superintendent according to their abilities. (If you miss any of these conditions shall revocation pursuant to the grounds provided for in article 31, letter a). "."

15) amending article 31 as follows: to) replace in its literal g) the term "authorized" by the expression "referred".
((b) Insert, in his letter j), after the "regulatory" voice, the final phrase: ", in relation to the activities to be carried out in the casino".
((c) add the following literal p), new: "p) not having complied with, on time, to the economic offer presented to qualify for operating license, or with the obligations established in article 20, letter k), and in the first paragraph of article 61 bis.".

(16) Agreganse, in article 37, the following new numbers: "9.-to ensure that societies controlled operators comply with the laws and regulations governing them and the instructions, circulars and other orders that the Superintendency issued, without prejudice to the powers that could correspond to other audit bodies."
10 require that operators societies provide to the public, through the media that the Superintendent determines, the information strictly necessary to know the functioning of the industry, ensuring that this is sufficient, timely and truthful.

The SVS may directly make publications necessary to fulfil stated in the previous paragraph. Also, available measures, instructions or information concerning the companies advertising operators or Casino.

11. develop and disseminate indexes, statistics and studies related to the operating companies and casinos games.
12 answer the queries of the public and solve the claims that are made against a casino game or a company operator.
13 exercise the other powers that it and other laws or regulations confer him. "."

((17) Introducense the following modifications in article 42: to) modify their number 12 in the following sense:
i. insert between the "books", and the expression "accounts,", the word "acts", followed by a comma.
II. the expression "supervised entities" be replaced by "societies operators, partners, shareholders, directors and administrators, always relating to the operation of the casinos".
(b) replace your number 14 with the following: "14.-quote to partners and shareholders, both individuals and legal entities, societies of operators, to appear and, or to testify under oath about any fact or circumstance whose knowledge deems necessary to clarify operation of such entities or the conduct of its staff to exercise their powers of control."

Persons indicated in article 361 of the code of Civil procedure shall not be obliged to appear and shall declare in writing.

The Superintendent may require the competent civil presiding judge implementation of the enforcement proceedings referred to in articles 93 and 94 of the tax code, against persons who, having been cited under penalty and without just cause, not attend to declare. "."

(18) replaced article 46 by the following: "article 46.-breaches of this Act, its regulations, and instructions and orders that is providing the Superintendency, which do not have designated a special sanction, shall be punished with reprimand or fines to be from five to 150 monthly tax units, without prejudice to the penalties laid down in other legal bodies.".

(19) added the following article 46 bis: "article 46 bis.-shall be liable reprimand or a fine of 15 to 200 monthly tax units, societies operators of casinos that, during the period between the granting of the operating permit and the start of operations of the casino, do not comply with legal or regulatory rules or instructions issued by the Superintendency.".

(20) replace article 50 by the following: "article 50.-without prejudice to the provisions of article 31, shall be punished by a fine of one hundred fifty to two thousand monthly tax units society operator who commits any of the acts described in that article and has designated a punishment different in this title." However, the foregoing will not apply in the case of the grounds contemplated in the literal to) of the referred article. "."

(21) added the following article 53 bis: "article 53 bis.-will be responsible for the payment of the fine companies operators and, secondarily, its directors, managers and attorneys always have general powers of administration." In case of recidivism within a period not exceeding one year, the fines can duplicate. "."

(22) incorporated the following article 56 bis: "article 56 bis.-actions of the Superintendent to impose sanctions them referred to in this paragraph, they will prescribe within the period of three years from the occurrence of the respective offences. This period shall be interrupted upon notice of the formulation of charges by the facts of the same. "."

(23) Agreganse following articles 61 bis and ter 61: "article 61 bis.-economic offer committed proposal for operating license by the company operator must find out according to the terms and conditions to establish the rules of procedure.

The service of treasuries will raise resources by concept of economic offer committed by the company operator, who will join the heritage of the respective municipality.

Article 61 ter-if the amount of the economic offer committed by the operator company does not know timely and in full in the conditions to establish the rules, the Superintendent will proceed to enforce the warranty set forth in article 20, letter k), without prejudice to the provisions of article 31, letter p), of this Act. "."

(24) replaced in the second paragraph of the article 2º transitional figure "2015" by "2017".

((25) amending article 3 transitional in the following sense: to) replace, in its first paragraph, the figure "2016" by the figure "2018".
(b) replace the second subparagraph by the following: "after that date, communes identified in the previous paragraph will remain home to a casino game for a total of three periods of fifteen years each. Once defeated the last of the periods concerned, the headquarters may be renewed for successive periods of fifteen years, except founded the Gaming Control Board in contrast resolution. However, may not exceed the maximum number of permits authorized pursuant to subparagraph first of article 16 of this law. "."
(c) Agreganse the following third, fourth, fifth and sixth subparagraphs: "without prejudice to the provisions of the preceding paragraph, the operating license allocation process will be developed in the same way and conditions set out in title IV of this body of law, with the following exceptions: i. the Superintendency should dictate the decision to initiate the process within a period of one hundred twenty days from the date of entry into force of this law." For these purposes, the operative Council of the Superintendency, previous proposition, will determine the special conditions for the granting of the operating license, which considered, among other things, a minimum economic offer guaranteed, the construction or expansion of the tourist infrastructure of the commune where there are installed the casino and the percentage of workers who work for the current concessionaire who will continue providing services that it may not be less than 80%. The proposal that formulate the Superintendency must be made after hearing of the mayors of the communities referred to in the subparagraph first of this article, without prejudice to that, once made such a proposal, the Gaming Control Board must hear the concerned authorities if they request it.
II. the casino that are in current operation on the basis of a municipal concession, to the date of entry into force of this law may continue to operate on the terms agreed with the respective municipality in accordance with the rules which are applicable in the species, to date in that home is given to the operation of the new permits granted pursuant to paragraph i) precedent.

However, the special conditions for the granting of operating permits mentioned in paragraph i of the preceding subsection may be fixed, interchangeably, for periods of 15 years or its subsequent renewals, referred to in the second paragraph of this article.

Operation permits issued prior to the amendment of this law shall be governed by regulations at the time of its issuance, unless subsequent standards imply better conditions for its operation.

In everything else, will govern the permanent rules of this law. "."