2001 (January 16)
Official Journal No 44294 of 17 January 2001 COLOMBIA CONGRESS
Whereby the regime itself of financial monopoly of games of chance is set and chance. Summary
DECREES: CHAPTER I.
GENERAL ARTICLE 1o. DEFINITION. The monopoly covered by this law is defined as the exclusive power of the State to exploit, organize, manage, operate, control, monitor, regulate and monitor all forms of games of chance, and to establish the conditions under which individuals can operate, faculty should always exercise as an activity that must respect public and social interest and for purposes of revenue measures for health services, including their costs and benefits and services research. Effective Jurisprudence
. OWNERSHIP. Departments, the Capital District and municipalities are holders of income from financial monopoly of all games of chance except resources for research in health areas belonging to the nation.
The financial monopoly of games of chance shall be exercised in accordance with the provisions of this law. Operation, organization and management of any type of game of chance is subject to this law and its regulations, issued by the National Government, which is mandatory throughout the country, regardless of the order or level government with jurisdiction over the agency or administrative entity under which the activity develops the operator. Vigilance will be exercised through the National Health.
PARAGRAFO. Special districts are governed on games of chance, the rules provided for municipalities and have the same rights. Effective Jurisprudence
ARTICLE 3o. Principles governing the operation, organization, administration, operation, monitoring and control of games of chance. The management of games of chance will be in accordance with the following principles:
a) prevalent social purpose. Every game of chance should effectively contribute to the financing of public health services, their benefits and services and pension obligations;
B) Transparency. The exercise of monopoly power will aim to ensure that the operation of games of chance, is free of fraud, bad habits or interventions to alter the probability of hitting, or evading chance;
C) Economic Rationality in the operation. The operation of games of chance will be made by the competent state entities or legally authorized individuals or through companies organized as specialized companies, according to criteria of economic rationality and administrative efficiency to ensure profitability and productivity necessary to the full implementation of public and social purpose of the monopoly. Departments, the Capital District of Bogota and municipalities will exploit the monopoly through the agency or entity established for this purpose;
D) Linking income to health services. All activity performed in the exercise of monopoly, you must take into account that her health services are funded and that's the reason monopoly. Within the concept of Health Services funding of these are included, your pension, benefits, and other expenses related to research in areas of health liabilities. The resources obtained by the departments, Capital District of Bogota and municipalities as a result of the monopoly of games of chance, they must be transferred directly to health services in the manner prescribed in this law and used to contract directly with companies State social or public or private entities providing health services to the population linked, or for membership of this population to subsidized regime.
E) Effective Notes
F) Effective Notes
. FORBIDDEN GAMES AND PRACTICES UNAUTHORIZED. May only be operated games of chance under the conditions set in the law of the regime itself in accordance with its rules. The competent authority shall immediately stop and the closure and liquidation of the establishments and companies operating them outside it, without prejudice to any criminal, policivas and administrative provisions that may apply sanctions and collection of exploitation rights and taxes they have caused.
Are prohibited throughout the national territory, in particular, the following practices:
a) The circulation or sale of games of chance whose offer disguising the random nature of the game or its risks;
B) The offering or sale of games of chance to minors and mentally ill persons who have been declared legally interdicted;
C) The circulation or sale of games of chance whose awards consist of or involved directly or indirectly goods or services that violate the fundamental rights of persons or violate decency;
D) The circulation or sale of games of chance that affect the health of the players;
E) The circulation or sale of games of chance whose prize consists of or involving goods or services that authorities must provide developing their legal duties;
F) The circulation, sale or operation of games of chance as they relate or involve activities, illegal or prohibited goods services and
g) The circulation, sale or operation of games of chance that not have the authorization of the institution or competent authority, unaware of the rules of the respective game or the authorized limits.
Police authorities or competent control body should permanently discontinue unauthorized games and prohibited practices. They also should be passed to the competent authorities when assets may arise detriment of the State, loss of public resources or crimes. Effective Jurisprudence
The 5th ARTICLE. DEFINITION OF LUCK AND GAMBLING GAMES. For the purposes of this law are of chance those games in which, as predetermined by law and regulations, a person who acts as the player rules, a bet or pay for the right to participate, another person who acts as operator, offering in exchange a prize in cash or in kind, which will win if you guess, given the results of the game, not being this predictable with certainty, being determined by luck, chance or coincidence.
Son of chance those games in which it participates directly without paying for it, and offer as a prize a good or service, which will get if it is hit or if the condition required to win is given.
They are excluded from the scope of this law games of chance traditional, family and school character, which are not subject to profit or professional character who operates exploitation, manages or administers and competitions pure hobby or recreation ; are also excluded promotional games by the operators of games of luck and chance, raffles for financing the fire department, promotional games of departmental charities and societies capitalization may only be made directly by these entities. May be used as promotional games raffles, bingo, sports betting, instant lotteries and lotto preprinted, their exploitation rights will be paid on the total value of plan awards and each award contained in the plan may not exceed one hundred and sixty (160) wages monthly minimum legal force. Effective Notes
In any case
promotional prizes must be delivered in a period not exceeding thirty (30) calendar days.
Sports games and strength, ability or skill are governed by rules that are proper and relevant policivas. Bets that cross respect thereof are subject to the provisions of this law and its regulations.
PARAGRAFO. The contract game of chance between the bettor and the game operator is adhesion of a random nature, properly regulated, whose purpose involves the expectation of gain or loss, depending on the occurrence or nonoccurrence of uncertain.
For permanent betting game documents must be presented to the operator for collection within two (2) months following the date of the draw; if they are not canceled, give rise to legal action by the verbal process of lesser and greater amounts indicated in the first chapter of Title XXIII of the Code of Civil Procedure. The document game has a court expiration of six (6) months. Editor's Notes
. Effective Notes
ARRANGEMENTS OPERATION OF GAMES of chance, FIXING AND FATE OF OPERATING RIGHTS
. OPERATION DIRECT. Direct operation is one performed by the departments and the Capital District, through industrial and commercial companies, mixed companies and public capital companies established in this law for that purpose. In this case, the monopoly income consists of:
A) A percentage of the gross income of each game, which must be recorded in a special account defined for this purpose, while the transfer is given to the corresponding health sector in the terms defined by this law; Effective Jurisprudence
B) The surplus obtained in the exercise of the operation of different games, which may not be less than the established minimum efficiency criteria under this law. The minimum financial results are not achieved, it must give effect to paragraph seven of Article 336 of the Constitution;
C) In the case of lottery income will be twelve percent (12%) of the gross income of each game, subject to the surplus referred to in the preceding paragraph. Effective Jurisprudence
Article 7. OPERATION BY THIRD PARTIES. The operation through third parties is that they perform legal persons under authorization, through concession contracts or contract in terms of Law 80 of 1993, concluded with local authorities, industrial and commercial state enterprises, institutions territorial or public capital companies authorized to operate the monopoly, or any person capable under authorization granted under the terms of this law, as appropriate.
The monopoly income consists of the exploitation rights by operation of each game must pay the operator.
The term established in the concession contracts for the operation of games of chance may not be less than three (3) years nor more than five (5) years.
The granting of games of chance will be hired following the general rules of public procurement, regardless of the legal nature of the contracting authority.
. OPERATING RIGHTS. In cases where games of chance are operated by third parties through concession or authorization, the agency or entity authorized to administer the respective set of financial monopoly of games of chance, will receive a title exploitation rights, a percentage of the gross income of each game, except as enshrining this law.
The rights of prospective exploitation or caused by operation of third parties shall be recorded in a special account for this purpose and be turned directly to health services or the entity that replaces it, the Fund Liabilities Pensional Sector relevant Health, within the ten (10) business days of the month following its collection. Editor's Notes
Article 9. RECOGNITION AND FIXING administrative expenses. In the case of direct operation mode, the maximum allowable costs of administration and operation will be established in the regulations; the administering these entities financial monopoly of games of chance are recognized and randomly for each game mode fished directly. To that effect the efficiency criteria set out in this law will be observed.
Without prejudice to the rights of exploitation, when the game is operated through third parties, they recognize the entity administering the monopoly as a percentage administrative expenses not exceed one percent (1%) of the exploitation rights . Effective Notes
PARÁGRAFO. Effective Notes
ARTICLE 10. SPECIAL DISABILITIES TO HIRE OR GET AUTHORIZATIONS. Notwithstanding the disqualifications and incompatibilities in the General Contracting Code of the Public Administration, they are declared unfit to enter into concession contracts of games of chance or obtain authorizations to exploit or operate:
1. Natural and legal persons who have been sanctioned for tax evasion, by administrative act or judicial decision, execution against accordingly. This inability will be for five (5) years from three months (3) following the execution of the administrative act or judicial decision, but shall immediately cease when the person pays the amounts due.
2. Natural and legal persons who are delinquent obligations relating to transfers, exploitation rights or fines arising from contracts or licenses or permits for the operation or operation of games of chance on any debtor State. This inability will be for five (5) years from the administrative act, but cease immediately the person to pay the amounts due. Effective Notes
Lotteries REGIME ARTICLE 11. TRADITIONAL
LOTTERY. It is a type of game of chance conducted periodically by an authorized legal entity, which issues and put into circulation banknotes undivided or fractionated fixed price singled out with a combination of numbers and other characters in sight forcing herself to award a prize in money previously set in the plan for the holder of the ticket or fraction whose combination or preset in your order approximations coincide with that obtained random public lottery conducted by the managing body.
PARÁGRAFO. Traditional marketing lottery may be made through electronic channels, without thereby becoming innovative games, according to the regulations issued for this purpose the National Games of chance. Effective Notes
ARTICLE 12 EXPLOITATION OF THE LOTTERY. It corresponds to the departments and the Capital District exploitation, as revenue measures, ranking traditional lotteries. To this end the rules distinguish between ordinary and extraordinary sweepstakes sweepstakes based on the number of draws and the award scheme to distribute, always seeking efficiency and guarantees them the bettor.
Each department or the Capital District may not exploit more than a traditional lottery tickets directly through third parties or in partnership.
The exploitation rights corresponding to the operation of each game may not be used to cover operating expenses and should be turned to the corresponding Health Fund within the first ten (10) business days of the month following the completion of the game .
PARAGRAFO 1o. The Colombian Red Cross can continue to exploit their traditional lottery. Exploitation, operation and other aspects thereof shall be governed by the provisions of this law, and the laws and international treaties relating to the organization and functioning of the National Society of the Colombian Red Cross. Effective Jurisprudence
PARAGRAFO 2o. The municipalities that the issuance of this law, are exploiting a lottery sweepstakes ordinary and / or extraordinary may maintain their operation under the same terms in which they were authorized. Other aspects be governed by the provisions of this Act, except the operation it will be regulated by the national government. Effective Jurisprudence
ARTICLE 13. REGULAR SCHEDULE DRAWS THE LOTTERY. The circulation of traditional lotteries is free throughout the national territory, but ordinary draws are made in accordance with the annual schedule indicated by the National Government.
PARAGRAFO. The schedule of regular sweepstakes will begin to apply six (6) months after the effective date of this law. While the schedule is issued which this article refers to, existing lotteries date of publication of this law will continue to make their draws with the same frequency with which they have done. Effective Jurisprudence
ARTICLE 14. ADMINISTRATION OF THE LOTTERY. Traditional lotteries or tickets will be managed by industrial and commercial enterprises of the State of departmental or District Capital or Capital Departmental Public Companies (SCPD) created by the association of several departments and / or the Capital District. Participation in these companies will be authorized by the Departmental Assembly or the District Council at the initiative of the governor or mayor, as appropriate. These companies and societies have legal, administrative autonomy and independent assets, whose purpose will be the management and / or operation of traditional lottery or tickets and other games of its jurisdiction under this Act.
Preview ordinance of the respective assembly so provide, or the respective agreement in the case of the Capital District, departments or the Capital District may freely withdraw and request payment of their contributions in departmental public capital companies to exploit directly monopoly or be part of another company. Effective Notes
operated holding. Each Society Departmental Public Capital (SCPD) will be entitled to exploit directly or indirectly, a single set of conventional or traditional lottery tickets.
PARAGRAFO 1o. Departments and the Capital District may operate a traditional directly or in partnership lottery. No department may have input for the operation of the lottery in more than one Society Departmental Public Capital (SCPD). Effective Notes
ARTICLE 16. ARRANGEMENTS OPERATION OF LOTTERIES. Lotteries can be exploited through the modes of operation established in this law. Consequently, the territorial entity may operate the traditional lottery directly or through partnership or through third parties.
ARTICLE 17. RELATIONSHIP BETWEEN ISSUANCE AND SALES OF LOTTERY. The regulations issued by the National Government will determine the relationship that should save the ticketing issue in relation to tickets sold. The fulfillment of this relationship will be one of the efficiency criteria that should be considered for the application of Article 336 of the Constitution. Effective Jurisprudence
ARTICLE 18. PRIZES PLAN Lotteries. The plan awards traditional lotteries or tickets, will be approved by the governing body of the respective industrial and commercial state enterprise, departmental or district order, manager of the lottery, or by the Board or Board of Directors of the respective Departmental Public Capital society (SCPD) have made to exploit them, following the criteria outlined by the Government, through regulation. Effective Jurisprudence
ARTICLE 19. EXTRAORDINARY SWEEPSTAKES LOTTERY. Departments, the Capital District, the National Society of the Red Cross and municipalities authorized by this law, are entitled to make an extraordinary draw of traditional lottery tickets or annually. For this purpose they may associate with each other, through its Industrial and Commercial managers lotteries or departmental Capital Public Company which have contravened to exploit them. The National Government shall determine the appropriate schedule. Effective Jurisprudence
Article 20. As of 1. January 2001, the game will be made by lottery or ballot hydropneumatic system or other system that corresponds to the technical advances that guarantee security and transparency to the drawings. The draws are declared of national public interest and will be broadcast live and live by national and / or regional public channels. Effective Jurisprudence
REGIME BETTING GAME OR PERMANENT CHANCE
ARTICLE 21. PERMANENT
BETS OR CHANCE. It is a type of game of chance in which the player, in official form, manually or systematic, indicates the value of your bet and pick a number of no more than four (4) digits, so if your number matches, according to predetermined rules, with the result jackpot lottery or licensed for the purpose game, win prize money, according to a predefined plan and authorized by the National Government through regulatory decree awards. Effective Jurisprudence
ARTICLE 22 EXPLOITATION OF THE GAME BETTING PERMANENT OR CHANCE. It corresponds to the departments and the Capital District exploitation, as revenue measures, ranking the game of permanent bets or chance. The exploitation can be done directly through the Industrial and Commercial State of lottery operators, or through Societies Departmental Public Capital (SCPD) which is authorized and directed to create in this law.
Only you can operate the game permanent bets or chance, through third parties selected by public tender, and within five (5) years.
Private operators of this type of game should have a minimum technical heritage, granting the guarantees and meet the other requirements for such effect them in the regulations issued by the National Government.
PARAGRAFO. For the purposes of this Act the revenue from games of permanent bets Bogota and Cundinamarca continue to be distributed in seventy percent (70%) for the Financial Health Fund Bogota and thirty percent (30%) for the Fund Health department of Cundinamarca into account administrative costs of the operation. Effective Jurisprudence
ARTICLE 23. RIGHTS OF EXPLOITATION. Game dealerships permanent bets or chance paid monthly to the grantor by way of right of exploitation, twelve percent (12%) of its gross income. Editor's Notes
At the time of submission of the declaration of the rights of exploitation, shall be paid as an advance of exploitation rights for the next period, an amount equal to seventy-five percent (75%) of exploitation rights They are declared.
In the case of new dealers the first advance payment will be made based on expected gross revenues, according to the market study prepared for the effect and presented under the previous tender on the conclusion of contract concession.
If it comes to dealers that were already operating the game, the advance payment that is made from the effective date of this law, will be based on the simple average of the gross income of the concessionaire of the twelve ( previous 12) months; in any case, the advance shall not be less than the average amount paid as royalty in the last twelve (12) months.
PARAGRAFO. The difference between the total value of claims settled during the period and the advance paid in the previous period shall constitute the remainder or balance of the operating rights to pay for the respective period.
In the event that the total value of the exploitation rights for the period is less than the advance paid by it, it shall recognize offsets against future royalties.
PLAN ARTICLE 24. AWARDS AND PROFITABILITY MINIMUM. The Government shall determine the structure of the game award scheme permanent bets or chance to govern throughout the country.
The minimum return game permanent bets or chance, for each territorial jurisdiction will be established as a criterion of efficiency and contractual obligations in the respective concession contracts and corresponds to the minimum gross revenues from the sale of the game permanent bets or chance, operators must generate per year throughout the term of the respective contract, so that sales and growth be sustained as health revenue measures are sought.
The minimum return is equal to the greater of the average annual gross income from the sale of the game of permanent bets or chance during the four (4) years prior to the opening of the bidding process and the sum of those gross income in the year immediately preceding the opening of the bidding process, plus a percentage of growth year after year, equal to the consumer price index. To determine the average or the sum which this paragraph refers to, it will go to the data that will shed online connectivity and real time or, until such data are available, which have different territorial entities and the National Superintendency of health.
It is for the dealer to pay twelve percent (12%) on gross income by way of exploitation rights destined to health, plus the additional value which has come into existence between the percentage of exploitation rights and twelve percent (12%) above the minimum value of gross sales revenue to the game were previously identified in the contract as minimum return; that additional value will be paid dealers compensation by way of contractual destined to health, with no place to claim or any compensation in your favor.
Be grounds for unilateral termination of the concession contracts noncompliance with the minimum return, without compensation or compensation. PARAGRAPH 1.
. The conditions laid down in this law governing permanently for all concession contracts permanent bets or chance.
PARÁGRAFO TRANSIENT. To set the minimum profitability in bidding processes that are opened within two (2) years following the effective date of this law, the average date of gross revenue from the sale of the game during the two (2) will be used prior to the opening of the bidding process plus 1.25 percentage points year. Effective Notes
BETS UNICO FORM CONTINUING OR CHANCE. The game of chance permanent bets or operate throughout the national territory in a single pre-printed security paper form, with consecutive numbering and security code issued by the management companies of financial monopoly, according to format established by the National Government. Operators may buy forms to those companies.
Only you can operate the game permanent bets or chance, through third parties, selected through competitive bidding and for a period of five (5) years. Effective Jurisprudence
ARTICLE 26. REGISTRATION OF BETTING. Entrepreneurs in the permanent bets must keep a journal manual or magnetic recording, duly numbered for the accounting entry of betting, whose values are consistent with those noted in the forms or system logs. The diary should be kept updated and available on a permanent basis in the case of requirement for control bodies, control and surveillance. CHAPTER V.
raffles REGIME DEPARTMENTAL, MUNICIPAL AND CIRCULATION IN THE CAPITAL DISTRICT
RIFAS. It is a type of game of chance in which are drawn at a predetermined date prizes in kind between those who have acquired or WHATSOEVER holders of one or more tickets issued in a continuous series and put up for sale on the market at fixed price one previously and duly authorized operator.
Permanent raffles are prohibited. Effective Jurisprudence
ARTICLE 28 EXPLOITATION OF RAFFLES. The municipalities, departments, the District Capital of Bogotá, and Territorial Health Company (ETESA), exploitation, and revenue measures, ranking raffles.
When raffles are operated in a municipality or the Capital District, it corresponds to these exploitation.
When raffles are operating in two or more municipalities in the same department or a municipality and the Capital District, exploitation corresponds to the department, through the Society of Public Capital Department (SCPD).
When raffle operating in two or more departments, or in a department and the Capital District, exploitation corresponds to ETESA. Effective Jurisprudence
ARTICLE 29. OPERATION MODE RAFFLES. It can only operate the financial monopoly on raffles through mode of operation through third parties under license. Effective Jurisprudence
ARTICLE 30. RIGHTS OF EXPLOITATION. Raffles generate rights equivalent to fourteen percent (14%) of gross income exploitation. At the time of authorization, the Management raffle person must prove the payment of the exploitation rights corresponding to one hundred percent (100%) of the total ballots cast. Raffle made payment of the total exploitation rights sold the ticket booth will be set. Effective Jurisprudence
FARM, ORGANIZATION AND MANAGEMENT OF GAMES
ARTICLE 31. PROMOTIONAL GAMES. Are the modalities of games of chance and organized and operated for advertising or promotion of goods or services, establishments, companies or entities in which a prize to the public is offered without to access the game is paid directly chance.
Promotional games generated in favor of the entity administering the monopoly rights of exploitation equivalent to fourteen percent (14%) of the total value of the award scheme.
The rights mentioned shall be paid by the natural person or legal manager of the game at the time of authorization.
All prizes must be a promotion held by the public.
The Territorial Enterprise for Health (ETESA) originated in the association of the departments and the Capital District, promotional games explode at the national level and authorize its implementation. Promotional games departmental and municipal levels be exploited and authorized by the Company Departmental Public Capital (SCPD). Effective Jurisprudence
LOCALIZED GAMES. These are forms of games of chance operating with equipment or elements of games, commercial establishments, which are attended by players as necessary to bet, such as bingos, videobingos, esferódromos, slot machines condition and operated in casinos and the like. Those games are local establishments where the operation of various types of games considered by this law as those establishments located or where the operation of localized games with other commercial or service activities combined are combined. Effective Notes
The exploitation of localized games corresponds to the Territorial Enterprise for Health, ETESA. The rights will be of municipalities and the Capital District and distributed monthly during the first ten (10) days of each month.
The proceeds from games located in cities of less than one hundred thousand (100,000) people will go to the municipality of the same generator and generated in the rest of the cities will be distributed fifty percent (50%) according to jurisdiction where the rights or royalties were generated and the other fifty percent (50%) according to the criteria of distribution of the participation of current revenues of the Nation.
Localized games from the enactment of this law seeking to authorization of the Territorial Health Company, ETESA, must have prior favorable concept of the mayor where operate the game. Effective Notes
ARTICLE 33. ARRANGEMENTS OPERATION OF LOCALIZED GAMES. The financial monopoly of localized games will be operated through third parties, prior authorization and signing concession contracts.
ARTICLE 34. RIGHTS OF EXPLOITATION. Authorized dealers or operators for the operation of games localized paid by way of rights to exploit the following monthly rates:
Game Description Fee 1. slots% of a current legal monthly minimum wage
slot machines 0 - $ 500 30% $ 500 Slot Machines
onwards 40% 45%
Progressives interconnected Jurisprudence Effective
2. Casino games current legal minimum monthly wage
table Casino (Black Jack, Poker, Baccarat, Craps, Punto Banco, Roulette)
4 3. Other different games (esferódromos, etc.) 4
4. Bingo parlors legal daily minimum wage
4.1 For municipalities with less than 100,000 cartons up to 250 pesos fee
chair 1.0 4.2 For municipalities with less than 100,000 cartons more than 250 pesos fee per chair 1.5
No bingo pay lower rate than that set for one hundred (100) seats in municipalities with less than one hundred thousand (100,000) inhabitants.
4.3 For municipalities with more than 100,000 cartons up to 250 pesos fee per chair 1.0
Cartons of more than 250 to 500 pesos fee per chair 1.5
carton over 500 pesos fee Chairs chair 3.0
simultaneous interconnected a valid legal daily minimum wage in each previous item is added.
No bingo will pay lower rate than that set for two hundred (200) seats.
5. Located Games other 17% of gross revenues
Editor's Notes Effective Jurisprudence
ARTICLE 35. LOCATION OF LOCALIZED GAMES. The operation modes of games defined in this law as localized, will be permitted in commercial establishments located in suitable for the development of business areas.
BETS IN SPORTING EVENTS, GALLISTICOS, CANINE AND SIMILAR. These are forms of games of chance in which players' bets are tied to the results of sporting events, gallísticos, dogs and the like, such as the score, the winner or preset combinations or approximations. The player who guesses the outcome of the event becomes entitled to a percentage of the total amount of bets or another preset prize.
horse racing events. It corresponds to each of the departments and districts, exploitation, and revenue measures, ranking events and horse betting.
The operation thereof will be effected by granting a period of ten (10) years, through third parties selected by public tender. The operators of this type of game should have a minimum technical assets, provide guarantees and meet the other requirements for effect them in the regulations of the game.
The exploitation rights arising from the Horseracing are owned by departments and districts in which the operation is performed. The Horseracing whose concession is awarded in a department or district, can be operated in other previous local authorities compliance with the conditions and authorizations established by the regulations, and will pay seventy percent (70%) of the operating rights to the District or department in which the bet is made.
The horseracing bets on races held in Colombia paid as exploitation rights one percent (1%) of the gross revenues from the sale of betting.
The horseracing bets on races held outside national territory exploitation rights paid as fifteen percent (15%) of the gross income from the sale of gambling. He
In the event that the operator of horserace betting on races held in Colombia, explode Horseracing on races held outside national territory, pay as exploitation rights five percent (5%) of gross income sale of those bets.
The exploitation rights generated by the Horseracing will be distributed in each of the departments or districts as follows: fifty percent (50%) destined to finance services to the poor in no covered by demand subsidies and related population that attends through the public hospital network, which shall be subject to the conditions set by the Government for the payment of such benefits in health, and fifty percent (50% ) remaining for financing technological renovation of the public hospital network in the respective territorial entity.
The rules of the game set the percentage of Horseracing should be distributed among the public.
PARÁGRAFO. When the operator which has been awarded the concession of horseracing bets on races held in Colombia build its racecourse, you can prorrogársele its concession contract for the operation of betting on horse races for a period equal to that established in clause 2 of this Article. Effective Notes
GAMES NOVEL. They are any other type of games of chance other than traditional lotteries or tickets, permanent bets and other games covered by this law. the preprinted lotto, instant lottery, lotto online at any of its forms, sports betting or events and all operated online games, or any other form of information technology are considered novel games, among others, does not require the presence of the bettor. This only in relation to games that manages and / or operates Coljuegos.
The exploitation rights to be transferred novelty games who operate at least equivalent to 17% of gross income. When novel games in which the player return according to the rules of the game is equal to or greater than 83% are operated exploitation rights shall have a minimum rate of 15% on gross income less prizes paid. Notwithstanding the foregoing those who operate online games, additionally will pay eight hundred and eleven (811) monthly legal minimum wages, which are canceled during the twenty (20) working days of each year of operation.
It is understood that the game operates when the bet online and pay awards are made only by this means, prior registration of the player on the site or authorized and whose mechanics is supported on a virtual random number generator or website the occurrence of actual events whose results are not controlled. They understood not operated online games that include performing physical sweepstakes, as the chance and lotteries, among others, in which case the internet is a means of marketing. Coljuegos regulate games of its operating and market competition online. PARAGRAPH 1.
. They may operate games of chance online legal persons who sign the concession contract after verification of compliance with the requirements of the rules of the game and the other defined by Coljuegos; the operation of the other innovative games must be authorized in compliance with the selection process laid down in General Contracting of the Public Administration. PARAGRAPH 2.
. The various innovative games operated by the Internet can use this medium only as a sales channel, prior authorization monopoly Administrator who will determine the conditions and requirements that must be met for this purpose. PARAGRAPH 3.
. Administrators monopoly, authorities inspection, surveillance and control, the police authorities and the National Police may make monitoring channels, financial institutions, websites and media in any way serve the exploitation, operation, sale, payment, advertising or marketing of games of chance unauthorized, and manage alerts and corresponding blocks. Effective Notes
Article 39. INDUSTRIAL AND COMMERCIAL COMPANY OF THE STATE. Effective Notes
ARTICLE 40. DISTRIBUTION OF RESOURCES. The distribution of income derived by the Territorial Health Company Etesa in respect of the exploitation of innovative games that Article 39 of this law refers will semiannually made the cuts on June 30 and 31 December each year, as follows:
Eighty percent (80%) for municipalities and the Capital District of Bogota. Twenty percent (20%) for departments
Fifty percent (50%) of each allocation will be distributed in accordance with the jurisdiction where the rights or royalties were generated and the other fifty percent (50%) according to the distribution criteria involving current revenues in the municipal case and located prosecutor in the case of the departments. Effective Notes
DECLARATION OF THE RIGHTS OF EXPLOITATION
ARTICLE 41. LIQUIDATION, DECLARATION AND PAYMENT OF OPERATING RIGHTS. Notwithstanding the advance, dealers and authorized to operate games of chance are obliged to liquidate, declare and pay the operating rights monthly to the competent authority for the administration of the respective game of monopoly or departmental authorities, district or municipal, as appropriate.
The declaration and payment must be made within ten (10) business days of the month following its collection, and will contain the liquidation of the exploitation rights in the year immediately preceding month.
The declaration shall be submitted on forms for the purpose by the regulations issued by the National Government.
Statements of exploitation rights and administrative expenses games of chance presented without full payment, will not produce any legal effect, without administrative act so declare. Effective Notes
TRANSFERS TO HEALTH SECTOR
DESTINATION OF INCOME HEALTH SECTOR TO MONOPOLY. The resources obtained by the departments, the Capital District and municipalities, as a result of the monopoly of games of chance will be used to contract with social enterprises of the State or public or private entities providing health services to the linked population or for linking the subsidized regime. Editor's Notes
PARAGRAFO 1o. The resources obtained by exploiting the monopoly of games of chance and different random lotto, the preprinted lottery and instant, be distributed as follows:
a) Eighty percent (80%) to meet supply and demand in the provision of health services in each territorial entity;
B) Seven percent (7%) to reach the Health Research Fund;
C) Five percent (5%) for linking the subsidized contributory scheme for the elderly;
D) Four percent (4%) for linking to the disabled subsidized regime, limited visual and mental health;
E) Four percent (4%) for connection to the subsidized health to the population under 18 are not beneficiaries of contributory schemes regime.
The resources devoted to the Health Research Fund will be allocated to projects through the Ministry of Health and Colciencias for each department and the Capital District.
PARAGRAFO 2o. The above resources will be used to supply and demand in the provision of health services. They will be hired in proportion to the supply and demand for health services, according to regulations issued by the National Government, through original Decree of the Ministry of Health.
PARAGRAFO 3o. The resources of the instant lottery, the pre-printed lottery and online lotto, will go first to the payment of pension liabilities territorial health sector, which has assumed according to Law 60 of 1993, on a shared basis. Once secured resources for the payment of pensions territorial health sector will be allocated to the financing of health services under the terms established in the preceding paragraph. Editor's Notes
PARÁGRAFO 4o. 80% referred to in paragraph a) of article 42 of Law 643 of 2001, the departments of Amazonas, Arauca, Caquetá, Casanare, Guainía, Guaviare, Putumayo, Vaupes and Vichada, may contribute up to forty percent (40% ) to cover the operating costs of the secretariats or sectional health directorates, while they maintain the double feature of being managers and providers of health services in their jurisdiction. Effective Notes