149/1998 Coll.
LAW
of 12 June. in May 1998,
amending and supplementing Act of the Czech National Council No. 202/1990 Coll., on
Lotteries and other similar games, as amended by Act No. 70/1994 Coll., on the
change and the addition of other laws
Parliament has passed the following Act of the Czech Republic:
Article. (I)
The Czech National Council Act No. 202/1990 Coll. on lotteries and other
similar games, as amended by Act No. 70/1994 Coll., amending and supplementing
as follows:
1. In article 1 (1). 1 the last sentence, after the word "mechanical" following this
the words: ", elektronickomechanických, electronic".
2. In article 1 (1). 2 the word "Organizer" is replaced by
"operator".
3. In section 1, paragraph 2, the following paragraph 3 is added: "(3)
The probability of winning the lottery under section 2 (b). and (d))) and Raffles
pursuant to section 2 (a). (b)) shall not be less than 1:200. ".
The former paragraph 3 shall become paragraph 4.
4. In section 1 of the newly designated paragraph 4 is added:
"(4) for the lottery or some other similar game, consider contests, polls, and
other events on the prices at which the operator undertakes to pay
the participants designated by slosováním or other random cash prizes,
passbooks, securities, insurance, etc., or prices in real estate
the goods, which is a condition for the participation of the purchase of a product and
proof of purchase of the operator, the conclusion of the contractual relationship with the
the provider of the product, and also indirectly via other (more)
the person, or the condition of participation is another factor that leads to the purchase of the
a product, (hereinafter referred to as "consumer competitions"). The operation of
consumer competitions, which is the result of the specified sweepstakes
by chance, without the approval of the authorising authority, is prohibited. ".
5. § 1, the following new paragraph 5 and 6 are added:
"(5) the operator of a lottery or other similar games may be just the
legal person established on the territory of the Czech Republic, that the legitimate
the authority has issued a permit to operate a lottery or other similar games.
(6) a participant in the lottery or other similar games (hereinafter referred to as "bettor") may
just be natural person who turned 18 years of age and that, in accordance with the
the game plan will pay the deposit (bet) the operator in advance, in
cash or non-cash. Persons under 18 years of age is the participation in the
Lotteries and other similar games. The operator of lotteries and
other similar games must take measures in order that these persons
they could not participate in the games. For this purpose, shall be entitled to require the submission of
identity card. "
6. In section 2 (a). and at the beginning before) with the words "the lottery, in which"
shall be inserted after the words: "cash or in kind".
7. section 2 (a). (e)):
"e) betting games operated by electronic or
elektronickomechanicky-controlled gaming devices or
similar equipment (hereinafter referred to as "winning the playing device"); ".
8. In section 2 (a). g), the words "the betting game operated by" shall be replaced by the words
"betting games operated by the" and the word "which" shall be replaced by the word
"which".
9. In section 2 (a). I) at the end of the period is replaced by a semicolon and the following
the new letter j) is added:
"j) lottery and other similar games operated by technical equipment
serviced directly by the bettors or operated by telephone, in which
It is not the number of participants in advance and not even known in advance the amount of the
wagered amounts. Win is calculated from the amount of deposits or by
the conditions laid down in the game plan. "
10. section 3:
"section 3
(1) the subject of the winnings can be
and for cash, numeric) and instant lotteries and betting games
only money, if the Ministry of Finance (hereinafter referred to as "the Ministry")
exceptionally, authorise and winnings in other movable things
(b)) in the Lotteries and Raffles movable property to the exclusion of money holding
books and securities.
(2) If an operator is not paid winnings immediately after the games, is
shall be obliged to pay it within the time limit laid down in the game plan, but no later than
within 60 days of the claim. ".
11. section 4 including notes no. 3) and (4)):
"section 4
(1) the Lotteries and other similar games may be operated only on the basis of the
authorisation issued by the competent authority. If the lottery and other
similar to the game state, on its behalf or by the Ministry responsible for
the State of the organization.
(2) the authorisation shall be granted if the operation of lotteries and other similar
the games is in accordance with other legislation, does not interfere with the public
order, is to guarantee their proper operation, including the proper
technical equipment and to the social, health, sports,
ecological, cultural or otherwise publicly beneficial purpose used
and part of the proceeds), which corresponds to the limit laid down in the table
the percentage, it is at least 6% to 20% of the difference of income
the operator, consisting of all the amounts of all embedded by
operated by the games according to § 2 and § 50 paragraph. 3, which are subject to billing
in the accounting period exceeds the winnings paid to bettors, the administrative fees
and the cost of supervision,
(b)) in the amount of dissipation, which corresponds to the limit laid down in the table percentage, it is
at least 6% to 20% of the total of cash and in-kind prizes in the
the money paid by the operator representation of consumer competitions
(§ 1 (4)), subject to the statement in the accounting period. For the purposes of
the calculation of the amount of the levy referred to in the table indicate the amount of the difference in
CZK million means the sum paid cash and in-kind prizes
in money terms.
------------------------------------------------------------
The amount of the
the difference
in miles. $ 50 50-100 100-500 500-1000 of 1000
------------------------------------------------------------
Set%
levy of 6% 8% 10% 15% 20%
------------------------------------------------------------
Payment of part of the proceeds in a specified amount of publicly beneficial purpose meets the
the condition set out in a special provision. ^ 3)
(3) the proceeds shall mean income of one operator consisting of all
with the amounts of all games operated by him under this Act,
subject to the statement in the accounting period, less the winnings, the administrative
fee and their own costs directly associated with the operator
the operation of the games.
(4) the operation of lotteries and other similar games means the activity
pointing to the placing of the Lotteries and other similar games in the operation, including the
administrative, organizational, financial, technical and other
services related to ensuring the operation of these games and their proper
termination and billing. The operation of lotteries also means exercising
all the other activities that operators store the other legal
provisions.
(5) the authorisation to operate lotteries and similar games may be
issued only a legal person that has its registered office on the territory of the Czech Republic.
The authorization cannot be issued a domestic legal person with foreign equity
participation or a legal person in which the company has material
participation.
(6) the Lotteries and other similar games under section 2 (b). and (c))), d), (f)), (j)), and
According to § 50 paragraph. 3 can operate
and the) State (Department of State organization or designated)
(b)), the joint-stock company with a registered office in the territory of the Czech Republic, all of which
the shares are added to the name and is based for the operation of lotteries and other
similar games. Equity capital of the stock company shall be at least
100 0000 0000 Czk and must not be reduced below this minimum amount after all
the period of validity of the authorisation.
(7) the gambling under section 2 (b). (g)) may operate a joint-stock company
located on the territory of the Czech Republic, which shares the name of all the following
and is based on the operation of lotteries and other similar games. Basic
the assets of the joint stock company shall be at least 30 0000 0000 Czk and must not be
reduced below this minimum amount for the whole period of validity of the permit.
(8) the gambling under section 2 (b). (h)) and i) can carry out joint-stock
the company, whose shares are added to the name of all, is established to
the operation of these games and the amount of the registered capital for gambling
pursuant to section 2 (a). (h)) at least 10 0000 0000 CZK for gambling according to § 2
(a). and at least 30 0000 0000 Czk). Equity cannot be reduced under
the minimum amount for the whole period of validity of the permit.
(9) For the issue of permits for the operation of lotteries or other similar games with
pay an administrative fee in accordance with the specific legislation. ^ 4)
(10) operation of foreign lotteries, including foreign sales tickets,
participation in markets abroad, where the bets are paid to
abroad, and a collection of betting for betting games operated abroad or
mediation of bets on betting games operated abroad is
disabled. Operation of the national lotteries and other similar games,
which bets are paid abroad, is prohibited. The Ministry may to
ensure the reciprocal of this prohibition the exception.
section 19, paragraph 3). 1 (a). (g) the CZECH NATIONAL COUNCIL No.) Act 586/1992 Coll., on income taxes,
in the wording of later regulations.
the CZECH NATIONAL COUNCIL Act No 4) 368/1992 Coll., on administrative fees, as amended by
amended. ".
12. In section 4, note No. 1) and (2)).
13. in section 4, the following new Section 4a to 4 c, which including notes no 4a)
added:
' Section 4a
(1) the applicant for a permit to operate a lottery and other similar games (
"the applicant") the authorizing authority must submit proof of good repute
natural persons, that of the applicant to the position of the statutory body
or are its members, natural persons, if they are the founders
legal persons; If it is the founder of another legal person, proof of
integrity of persons, which have the status of the legal person,
the statutory body or are its members.
(2) For integrity, for the purposes of this Act, shall not be the one who was
been sentenced
and for the offence) which is related to the merits of the subject
business,
(b)) for another criminal offence committed intentionally, if due to the nature of the
business and entrepreneur is the person that commits same or
a similar act in the operation of lotteries and other similar games.
(3) the integrity of the certifying statement of criminal records. Foreign
the State's citizens, who are not on the territory of the Czech Republic enabled permanent
stay, showing the integrity of the relevant documents issued by the State,
of which they are citizens, as well as the States, in which more than three months
abstain continuously in the past three years (hereinafter referred to as "foreign
the document "). Foreign nationals who are in the territory of the Czech Republic
permitted residence and proof of integrity, this residence lasts
at least six calendar months, shall also submit the statement of registration
Criminal records. Extract from the criminal record, or the like
foreign document not to be at the time of the submission of the older three calendar
months.
(4) the operator shall, not later than one month after the date on which the
There has been a change in the person referred to in paragraph 1, notify this
the fact of the authority which permits the operation of a lottery or other
similar games, and at the same time connect an extract from the register Index
penalties, or other similar foreign document, which concerns the person,
that took the position as defined in paragraph 1.
section 4b
(1) to ensure that the claims of the State, the municipalities and the payout of winnings bettors is
the applicant shall be obliged to pass on a special account with the Bank for the amount of money (on
the only "certainty"), which for the individual applicant is
and 50 0000 0000 Czk in the case) lotteries and games under section 2 (b). and (c))) and under section 50
paragraph. 3 for all operated lotteries and games,
b) 10% of the game consisting of a multiple of the number of principal issued tickets and price
one ticket for the lottery under section 2 (b). (d)), but not more than 10 0000 0000 CZK
(c) 2 0000 0000 Czk for games), pursuant to section 2 (a). (e)),
(d) 10 0000 0000 Czk for games), pursuant to section 2 (a). (h)),
(e) 5 0000 0000 Czk for games) referred to in section 2 (a). f), (g) and (j))),
(f) 20 0000 0000 Czk for games), pursuant to section 2 (a). I).
(2) the applicant shall attach to the request confirmation of the Bank on the establishment of
account and the lodging of the security referred to in paragraph 1; If the applicant for authorization to
the operation of gaming devices, is required to submit a certificate
on the establishment of the bank account and the lodging also the competent financial
CA. ^ 4a) confirmation of lodging for gaming devices
the validity of the 24 months. After expiry of this period the operator shall submit to the
the authorizing authority and the competent tax authority a new confirmation of the
the composition of the security.
(3) After the period for which the authorisation to operate lotteries, and other
similar games released, the operator may dispose with certainty only after
the prior consent of the Ministry. In the case of gaming
devices whose operation allows the competent authority of the municipality, or
the locally competent District Office, issued by this consent, the competent financial
the Office.
(4) security may be released after previous consent of the operator
the authority referred to in paragraph 3 only if the time limit has expired, the
which the authorisation was granted, or the authorisation was revoked or activity
ended and was charged the operation of lotteries or other similar games. From
Security is a priority will pay the claims of the State and municipalities (administrative fees,
the cost of supervision, for public utility purposes, fines).
If the security may not be sufficient to pay these claims fairly in accordance with the above.
After payment of the claims of the State and the municipalities of certainty be paid any winnings
the bettors, and it fairly according to their amount.
section 4 c
The operation of gambling referred to in section 2 (a). (f)) to (i)) is prohibited
and on the day of mourning),
(b)) outside operating hours laid down in the regulations approved by the visitor
the authorising authority.
4A) CNR Law No. 531/1990 Coll. on territorial financial authorities, as amended by
amended. ".
14. section 5 is deleted.
15. The heading of part the first: "the LOTTERY, RAFFLE, and CONSUMER
The competition ".
16. under the Heading of section 6 reads: "the authorization of lotteries, raffles and consumer
competitions ".
17. section 6 (1). 1:
"(1) lottery and raffle:
and the municipality for its territorial) circuit, in the capital city of Prague and in the
broken down territorial statutory cities, districts or city
(hereinafter referred to as "the community") in the context of delegated responsibility, if it is a raffle with the
gaming deposits up to 20 000 CZK and the g/l with the lottery gaming deposits up to 50 000
CZK
(b)) District Office for their territorial constituency, and the raffle with game deposits
more than 20 000 $ to 50 000 $, material with a higher principal amount the lottery game
than 50 000 € to 200 000 Czk and the raffle or lottery material with game
deposits referred to in letters and), if the operator is to be a municipality,
(c)) in other cases, including the case when the
the operator of a raffle or lottery gaming material with principal amount according to the
subparagraph (b)) to be represented by the District Office. ".
18. section 6 (1). 2 is added:
"(2) the Consumer authorizes the competition Ministry.".
19. In section 6 (1). 5, the words "the National Committee" shall be replaced by the words
"the village".
20. In article 7, paragraphs 1 and 2, shall be deleted at the same time they release numbering
paragraphs.
21. In section 9 (2). 2 (a). and), the word "Organizer" is replaced by
"the operator".
22. section 11 (1). 1:
"(1) an operator who has been enabled for the lottery, is obliged to designate the
at least a Lottery Commission and the operator, which was enabled
the raffle is obliged to appoint a representative of the loterního. The operator is
shall be obliged to communicate the name, surname and residence of the President and other members of the
Lottery Commission, where appropriate, the loterního representative within seven days after service of the
the decision to allow the lottery to the authority of the State. Members of the lottery
the Commission and the lottery representative must be established blameless. Lottery Commission to establish
the State (Ministry of State organization or designated) or joint stock
the company, which is based to the operation of lotteries and other similar
games. ".
23. In section 11 (1). 2 the words "the organizations" shall be replaced by the words
"operator, which".
24. In section 11 (1). 8 the word "principal" shall be replaced by the word "instrument".
25. section 12 reads:
"section 12
The time limit for the application of the law to win at the lottery operator must not be
less than 30 days and no longer than 90 days from the day following
the sweepstakes. If it is not right to win in this period of the operator
claimed shall cease. ".
26. under the Heading of section 13 reads: "Bill lottery, raffle, and consumer
the competition ".
27. In section 13, the words "the organization is required to" be replaced by
"The operator is obliged to".
The present text shall become paragraph 1 and the following paragraph
2, which reads as follows:
"(2) the statement of the consumer, the operator must perform in competition 30
days after the end of the period for the collection of prizes. The operator is obliged to
submit a report on the Bill of the State supervisory authority, and the authority which
the lottery allowed. ".
28. section 16:
"section 16 of the
The use of the proceeds of the lottery and other similar games
(1) the proceeds from lotteries or other similar games according to § 2 and § 50 paragraph.
3 can only be used for publicly beneficial purpose referred to in the authorization.
(2) Consent to another use of proceeds may be granted authorising
authority on the basis of a reasoned request of the operator, or if
the operation of lotteries or other similar games cancelled.
(3) the recipient of the proceeds from the levy to lotteries or other similar games
obliged to demonstrate the use of these funds to the operator for publicly
beneficial purpose referred to in the permit, and not later than 90 days after the end of
accounting period or billing for games.
(4) the operator is required to the data referred to in paragraph 3 of the present
the authority, which the lottery or some other similar game, in the case of
the operator of gaming under section 2 (b). (e) the competent authority of the State)
supervision, and not later than 15 days after the receipt of the data.
(5) in the case of violation of the obligations laid down in paragraph 3, the authority may,
that lottery, or another similar game, using the proceeds to
publicly beneficial purpose change. ".
29. The title of part the second: "the WINNING GAME".
30. section 17:
"§ 17
(1) Slot slot machine means the compact, functionally indivisible
and programmed technical equipment with control only intended for
one player. The prize of the device with the software
allowing the current game on more slot sites more players each
such playing Pro also considered a separate slot slot
the appliance. This fact must be indicated in the certificate of
the operability of the issued under section 19, paragraph. 2 (a). (c)), as well as in the
the statement from this certificate.
(2) the winning slot the appliance must be positioned so that the game did not allow
persons under 18 years of age, or the operator must take such measures,
that these persons could not participate in the games. For this purpose, shall be entitled to
require the submission of the identity card.
(3) in one game is considered to be completed, a process in which one
the device shall start a winning game in the mode of the game, and at the latest before
the end of the game is subtracted from the pointer to the inserted money bet on the one
the game. In the course of one game is not allowed to place more bets and one
the game must not be less than one second. Each game players must provide
odds and payouts, as well as the payout of the embedded player
funds in excess of the value of the bet amounts for
games played. Method to obtain the winnings and payouts of the embedded financial
funds in excess of the value of the bet amounts for games played
Describes the game plan and guide to the game. Highest win means the summary
the money, which the player can get from one game.
(4) the highest amount bet on one game is 2 Eur, CZK 5 slots
musical instruments are placed in the card rooms and 50 Kč, if they are located in the
the casinos. The highest payout from one game is 300 Czk, for gaming
the devices are placed in the card rooms 750 $ and 50 $, if they are located in the
the Casino.
(5) may only be operated by a slot playing the instrument, which
the design does not allow setting allows the share of less than 75% and
higher than 100%.
(6) the highest hourly losing is Czk 1000 for gaming devices
located at 2000 CZK and gaming devices are placed in the
live casino 10 000 Czk. Hour lost is the amount that the player may
lose the game on one slot machine play during one hour.
It is the product of the highest deposit into one game, the highest number of games for the
one hour and one hundred hundredths of the difference and set slot
the share. If a winning slot machine operated in foreign currency, shall lay down the
not more than the amount of money wagered on one game, the highest winnings from one game,
winning market share and the highest loss in a one-hour Ministry authorisation.
(7) a winning slot machine for the Czech Crown placed in amusement arcades and
casinos can be linked with a device that allows you to aggregate
Prize (jackpot), which is not covered by paragraph 4. The highest cumulative
win in the casinos is 10 000 Usd and the casinos 100 000 Czk.
(8) the winning apparatus may only be operated by playing in casinos and card rooms.
Further may be operated in hospitality facilities and other
places that meet the conditions of a special operating mode according
paragraph 10. More than six gaming equipment may be
operated only in the card rooms and casinos.
(9) the Room means a room (the room), designed in particular to
the operation of gaming devices. At must be all the time
operation ensured. In the room is the ban on the entry of persons under 18 years of age.
Operation room is subject to an approved gaming regulations.
(10) the special mode of operation requires supervision by a person responsible for
compliance with the prohibition of persons under the age of 18 years of games, which is to prevent
their participation in the game admittance
and the entire space of the establishment), or
(b)) to the room in the premises exclusively intended to operate a slot
musical instruments, or
(c)) to separate parts of an establishment intended for the operation of gaming
instruments.
(11) the operation of gaming devices shall not be permitted in the
schools, educational establishments, establishments and social and health care,
in the buildings of the State authorities and the Church, as well as in the neighborhood referred to
buildings. Heading into the 100 m distance from these buildings can provide the municipality
by Decree. "
31. section 18 paragraph. 1:
"(1) the authorisation to operate gaming devices issued on
the request of the
and the municipality for its territorial) circuit, and it carried over the scope,
(b)) District Office for its territorial district, is to be the provider of the
Prize of the municipality of devices in its territorial jurisdiction,
(c)), the Ministry, if the winning slot machine on the Czech currency operated
in the Casino and gaming instruments in foreign currency ".
32. In article 18, paragraph 1, the following paragraph 2 is added:
"(2) the applicant shall indicate in the application for a permit to operate
Prize of the device name of the person (s) responsible for the prohibition
entry of persons under the age of 18 years into the room. ".
Paragraph 2 becomes paragraph 3.
33. In section 18, for the newly designated paragraph (3) shall be inserted after paragraph 4, which
added:
"(4) the proceeds of gaming devices is the income budget of the municipality,
which shall issue a permit to operate pursuant to paragraph 1 (b). a).".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
34. In section 18 of the newly designated paragraph 5, the words "gaming devices"
replaced by the words "gaming devices" and the words "playing"
shall be replaced by the words "a winning slot machine".
35. section 18 of the newly designated paragraph 6, including note No. 6):
"(6) after the payment of the administrative fee authority, that the operation of the prize
the playing of the instrument, shall issue the authorisation and sign. The operator is
required to sign to mark the winning slot machine no later than 15 days from the
the beginning of validity of the permit in a visible location so that it cannot be
sign of damage. The elements of the mark provides legislation. ^ 6)
6) Ministry of finance Decree No. 223/1993 Coll., on gaming
instruments. ".
36. section 19, including notes no. 7):
"§ 19
(1) the authorisation to operate a prize playing the instrument contains
in particular:
and the game plan) the approval (or the game plan the accumulated winnings
According to § 17 paragraph. 7) with any modifications and Add-ons,
(b) the approval of the permanent location of prize) of the appliance,
(c) the determination of the method and conditions of) the manipulation of game playing
the device, in particular in the selection of money and carried out repairs,
(d)) to establish the conditions of handling with private facilities
the accumulated winnings (section 17 (7)) and with the other related instruments
in particular in the selection of the financial cash, when the accumulated winnings, and
repairs,
(e)) name of the person (persons), which is responsible for the prohibition of games of persons under the age of 18 years
in a place approved for the permanent location of the prize of the appliance. In
the case of the room this person (s) responsible for the ban on the entry of persons under the age of
18 years old in the room.
(2) the authorisation to operate a prize playing the instrument shall be issued,
If
and) application for a permit includes all the particulars provided for in this
the law and the applicant fulfilled the conditions laid down by this law,
(b) the applicant provides proof of collateral) vocational service
(c) certificate of charge) under the authorized person ^ 7) is a winning slot
the device operational.
(3) a certificate referred to in paragraph 2 (a). (c)), it is confirmed that
and from the date of manufacture of prize) of the appliance to run for five years,
(b)) to the winning of the apparatus is built the system at least double
embedded control and paid out of the funds, taking
the counter must be at least 6-digit,
(c) the device corresponds to the slot game) its technical performing § 17
paragraph. 3 to 6.
(4) the authority which issued the authorisation, may, on the basis of a written application
the operator to change the authorization as regards the permanent location of the prize
the playing of the instrument within its jurisdiction, or may allow the
the Exchange allows the playing apparatus for the same model as a result of
evidence of destruction by fire or other natural disaster.
7) Law No. 22/1997 Coll., on technical requirements for products and amending
and additions to some laws. ".
37. section 20, including No. 8) Notes:
"section 20
(1) an operator shall, within two months after the expiry of the period for which
the authorisation was issued, submit a billing service for each slot
musical instruments and submit them to the authority which issued the permit, and
the competent tax authority. If the authorization issued by the Ministry,
This statement shall submit to the authority of the executing State supervision under section 46
over the operation of the prize of the appliance.
(2) all cases carried out in connection with the operation
gaming devices must be billed separately from any
other business operators and their basis is the registration referred to in
status of electromechanical and electronic counters, which for these
the purpose must not be nulována. The costs and revenues associated with the provision of
gaming devices are part of the economic result
the operator for the accounting period. Safekeeping of accounting documents is governed by the
special provision. ^ 8)
8) Act No. 563/1991 Coll., on accounting, as amended. ".
38. In § 21. 2 the first sentence, the word "operator" is replaced by
"applicant".
39. In article 21, paragraph 3 be deleted.
40. section 22:
"§ 22
Authorisation shall be granted if the applicant can prove that the conditions for the proper
the operation of foreign exchange of bets, in particular, that has equity in accordance with the
the provisions of section 4, paragraph 4. 8, at least in the amount of 10 0000 0000 Czk and the folded
security in accordance with § 4b, paragraph. 1 (a). d).".
41. section 23 is deleted.
42. In section 24, paragraph. 1 at the end of this sentence added: "permission is
valid only for the territorial constituency of the State supervision authority that issued it. ".
43. section 24 paragraph. 3 including notes no. 9):
"(3) the operator shall surrender the authority of the State supervision of permission issued
authorised persons even if their employment ends or
another similar ratio, ^ 9) on the basis of which the activity performed, or
the State supervisory authority decided, if these persons have ceased to comply with the
the requirements referred to in § 21. 2 or if you have acted in violation of this
by law, or with the permission to operate a betting or gaming
the plan.
9) § 236 and 237 of the labour code ".
44. In section 24, paragraph. 5, the word "operator" is replaced by "applicant".
45. section 25 including title:
"The operation of betting
§ 25
Bets can receive in advance in cash or non-cash. ".
46. section 27:
the "section 27
An operator shall not accept bets on races, games and competitions, which
participating in an animal, an individual or a team that are in
proprietary or employment. ".
47. section 28 including notes no. 10):
"section 28
Bill
(1) the operator shall annually, within two months after the expiry of the
calendar year, submit to the competent tax bill úřadu4a)
from the operation of foreign exchange of bets for the previous calendar year.
Operators established on the territory of the city of Prague shall be submitted
statement to the Tax Office for Prague 1 and operators based on the
the territory of the city of Brno in Brno and the IRS.
(2) the statement referred to in paragraph 1 shall be the income data from the
betting transactions, which are the amount wagered, winnings paid out to players,
the costs associated with the operation of the games, on the calculation of the administrative
fee ^ 4) of revenues to the State supervision and the calculation of the levy on the public
beneficial purposes pursuant to section 4, paragraph 4. 2. the procedures associated with this
billing will be governed by a special law. ^ 10)
(3) the Statement referred to in paragraph 2, the operator shall submit also to two
months after the end of the month, which ended the operation of the Exchange
betting.
10) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the
amended. ".
48. section 29 reads:
"§ 29
The draining of the State supervision shall be borne by the operator and shall be 1% of the income from the
gambling, less paid winnings and is payable on a quarterly basis, to the
the end of the month following the end of the calendar quarter on account
the competent tax authority. Operators established on the territory of the main
the city of Prague to pay this levy on account of the Tax Office for Prague 1 and
operators established on the territory of the city of Brno on account of the tax office
Brno in State supervision is the income of the State budget. "
49. section 30 shall be deleted.
50. section 32:
"§ 32
Authorisation of gambling in a casino
(1) the authorisation to operate bookmaking under section 2 (b). I) issued on the request of the
only the Ministry, for a maximum period of ten years.
(2) the authorization of the Ministry shall lay down detailed conditions for operation of games in
the Casino and at the same time, after the assessment of compliance with this Act and other
the legislation, approved by the applicant, presented by game plan, guestbook
the order and types of gambling in a casino operated.
(3) a condition for the issue of permits is the applicant to the Ministry
demonstrated that the amount of its share capital, in accordance with section 4, paragraph 4. 8 shall be
at least 30 0000 0000 Czk and lodged under section 4b, paragraph. 1 (a). (f)).
The basic capital of a legal entity shall not be reduced below the minimum amount after
the entire period of validity of the permit.
(4) the operator is obliged to ask the Department for approval of changes in the
the game plan, visiting regulations or the types of betting games operated by the
in the Casino, no later than 30 days prior to their implementation. "
51. section 33, including the title and notes no. 11):
"The operation of gambling
section 33
A different game than the Czech currency enables the Ministry. Trading with foreign
currency and foreign exchange activities carried out in the framework of the operation of the betting
Games under section 2 (b). I) is governed by special provisions. ^ 11)
11) Law No. 455/1991 Coll., on trades (trade licensing
Act), as amended.
Act No. 219/1995 Coll. foreign exchange law.
Measures of the Czech National Bank no 227/1996 Coll., laying down
the conditions for the implementation of certain trades with foreign exchange values for
Foreign Exchange places, including the procedure for dealing with counterfeit or
the amended funds. ".
52. section 34 reads:
"§ 34
All accounting případy8) carried out in connection with the operation
wagering casino games must be billed separately from other business
the operator, while the costs and revenues associated with the operation of
wagering games are part of the economic result for the operator
accounting period. ".
53. section 35:
"§ 35
Chips
(1) to play in a casino are used the value of chips. Nominal value,
dimensions, weight, material, appearance, and other essentials of the value
chips endorses the Ministry. The operator is required to submit
approved designs the value of chips before the start of the operation of a Casino of the authority
the State supervision.
(2) every casino uses the specially marked value chips. As well
marked value tokens may be used only in casinos
operated by one operator. The value tokens include
the designation of the value and the official abbreviation of the currency game.
(3) the Value of chips purchased by players at the Casino, where appropriate, for
of the table. Exclusively at the Casino's players are paid winnings,
and this against the submitted value tokens.
(4) for the game of Roulette is used also of playing chips. When their games for
table Exchange service of the table players chips for value chips.
(5) the operator is obliged to keep proper records of all chips.
(6) it is not permitted to use the value of chips on the payment of any
obligations that have arisen from the game.
(7) the Carrying value of chips from the Casino is not permitted. The unrecovered
or lost value chips will fill the Casino Management Protocol, and
in the day, when it finds this fact. A copy of the protocols set out in the
calendar month passes leadership of casinos within seven calendar days after the
the month of expiry of the relevant authority of the State. ".
54. section 36:
"§ 36
(1) the visitors are required to submit a document to the casino entrance
proving their identity. The Casino shall not be admitted to the one who
nedovršil 18 years of age, and who, in accordance with the regulations, the visitor does not have a
access to the Casino.
(2) the daily record named leads the Casino visitors. The register contains
name, surname, date of birth and hometown number, residence,
foreign State citizens, also the number of the travel document and the State
jurisdiction. ".
55. section 37 reads as follows:
"§ 37
The Casino must be equipped with a security device and monitoring
device. Monitoring device must be visually and sonically
recorded throughout all the games, then the work
Preparatory (issue tokens) and final (closing tables, counting chips
and cash). The operator is obliged to keep for a period of 90 calendar
days records made monitoring device and workers of the State
supervision to allow access to those records, including their lease out
area casinos. Monitoring shall be carried out in the nezpomaleném and
an uninterrupted recording. More detailed conditions for monitoring and retention
the record establishes the Ministry of law. ".
56. section 39:
"§ 39
For the operation of gambling in a casino, the provisions of section 28 and 29
Similarly,. ".
57. Part five, including the title deleted.
58. section 43 reads as follows:
"§ 43
(1) the authority which the lottery or some other similar game, cancels the
the authorization, if they occur, or subsequently come to light the circumstances for the
that would not be a lottery or some other similar game to enable, or
be shown retrospectively, that data on the basis of the authorisation was granted,
they are delusional.
(2) the authority that the operation of the appliance, the prize allowed cancels
authorisation to all winning playing apparatus operator in the village,
If the operator is in breach of its obligations by
and in three cases of demonstrable) time-varying allowed to attend
with games to persons under 18 years of age;
(b)) has not allowed a winning slot machine;
(c)) the winning slot machine does not match its technical making
the provisions of § 17 paragraph. 3 to 6;
While not selected, whether the breach of the obligation occurred only on a single
operated by the prize of the appliance. The authorizing authority may issue
additional authorization of this operator as soon as possible after the expiry of the three years.
(3) the authority which the lottery or some other similar game, may permit
to cancel or temporarily stop operation, if there is any
of the conditions imposed in the authorization or do not adhere to the rules on
the operation of lotteries and other similar games.
(4) temporarily stop the operation of lotteries or other similar games by
paragraph 3 can be for a maximum period of 30 calendar days. If the operator
for serious reasons cannot eliminate the deficiencies for which the authorizing authority
the operation of the game temporarily stopped, this period may be extended
a maximum of 30 days. The temporary cessation of operation
the authorizing authority and the Ministry of povolovaných games also financial Office
who shall exercise State supervision over the operation of gambling in the relevant
the establishment authorized to seal the winning playing instruments, or other
gaming device. Financial authority is obliged to ensure the sealing of the prize
device, or other game controller without delay in writing
notify the authorizing authority. Suspension of the operation of a lottery or other
similar games does not preclude the concurrent imposition of a fine under section 48. If
the operator does not remove the defect within the time limits referred to in this paragraph,
the authorizing authority shall cancel the authorization.
(5) the authority which the lottery or some other similar game, can
and lay down in the permit) closer to the conditions, if required by the proper
the operation of lotteries or other similar games,
(b)) has already issued permits to add or change, if it requires the proper
the operation of lotteries or other similar games or the public interest.
(6) the authority which the lottery or some other similar game, not in the
the authorisation referred to in paragraph 5 (a). and (b))) and provide for more stringent conditions for the
the operation of lotteries and other similar gaming than provided for in this law.
(7) the Lotteries and other similar games, which do not guarantee all participants of the games
a level playing field, or games that do not satisfy all the conditions of this
the law, you cannot enable. ".
59. section 44 is deleted.
60. section 45, paragraph. 2 is added:
"(2) the permit cannot be converted to any other person.".
61. section 46 including the title:
"The State supervision
section 46
(1) State supervision over compliance with this Act, the operators of lotteries and
other similar games of the exercise:
and) community in cases where authorisation is issued for the operation of lotteries and
other similar games
(b) district offices) in cases where the authorisation is issued to operate a
Lotteries and other similar games,
(c)), the competent financial úřady4a) and financial authorities, in whose territorial
the perimeter of each establishment are situated, in cases where the authorisation to
the operation of lotteries and other similar games are issued by the Ministry. In
cases where the operation of lotteries and other games similar to permits
the Ministry and the headquarters of the operator or his place of business is located on the
the territory of the city of Prague, the State shall be exercised by the financial supervision authority for the
The threshold of 1. If the headquarters of the operator or his place of business in the territory of the city
Brno, the State supervision shall be exercised by the tax office Brno
(d)).
(2) for gaming equipment or povolovaných communities
the provincial authorities may exercise State supervision over compliance with this
the Act also financial authorities referred to in paragraph 1 (b). (c) the tax office).
draw up of the outcome of the inspection protocol and passes it to the next measures
the authorizing authority and the operator. Any fine imposed and enforced by the
the authorizing authority of the action taken (the imposition of fines) shall inform the
the IRS, which was conducted by the State supervision.
(3) If a part of the performance of the State's supervision of the operation of a slot
musical instruments and technical check (checking compliance with the conditions
referred to in the certificate of serviceability of the prize of the device),
performing the State supervision authority is obliged to invite responsible
by an authorized person. 7) ".
62. under section 46 shall be inserted after section 46a and 46b are inserted:
"section 46a
The official language of the
(1) before the authorising authority and the authority of the State supervision in
the Czech language. All written submissions shall be submitted in English and
the documentary evidence, if they are not in English must be accompanied by an official
translation. The authorizing authority and the authority of the State supervision may in oral
negotiations to admit an interpreter registered in the list of interpreters, if you
the cost of purchasing it on your person, acting with these authorities.
(2) the Czech Republic Citizens belonging to national and ethnic
minorities may act before the authorising authority and the authority of the State
surveillance in their own language, an interpreter must, however, get registered in the
list of interpreters. The cost of the interpreter shall be borne by the authority before which the
It is.
§ 46b
The obligation to maintain confidentiality
(1) the operator of, persons who are in employment or
a similar proportion, the staff of the authority of the Ministry of supervision, or
another administrative authority are required to maintain the confidentiality of any
the bettors and their participation in the game, including their winnings or losses.
(2) the obligation to maintain confidentiality shall not apply to cases where the
the bettor shall relieve the person referred to in paragraph 1 obligations of confidentiality
or, if the facts which are the subject of obligations
confidentiality, communicated to the competent authorities in the civil proceedings,
authorities active in criminal proceedings and tax administrators for the purposes of the tax
the proceedings.
(3) for the breach of the obligation to maintain secrecy about the bettors and their
participation in the game, you can impose a fine of up to 50 000 Czk. The imposition of a fine
are without prejudice to the provisions of specific regulations on compensation.
(4) the fine imposed
and the authority executing State) financial supervision has violated an obligation to
discretion the operator or persons who are the operators in
employment or similar relationship,
(b)) to the Tax Office's financial Directorate parent executing
State supervision, which the employee has violated the obligation of
confidentiality,
(c)) the Ministry violated the obligation of secrecy to an employee
the financial Directorate or the Ministry.
(5) the authority which imposed the fine, it also selects and recover. Fines are
income of the State budget. "
63. section 47, including notes, no. 12):
"§ 47
(1) the authority which permits the operation of lotteries or other similar games
issued, shall be obliged to inspect it. Authority exercising State supervision shall
may at any time make sure that lottery or other similar games with
operated under the conditions specified in the permit, and that comply with the relevant
the legislation.
(2) the operator of a lottery or other similar games is required to allow
the authorizing authority and the authority of the State supervision of the admission to the operating
(commercial) rooms, submit to the accounting documents, accounting
accounts, statements, documents and any other documents and records of the technical
data carriers, allow control operated games and technical equipment
and submit information about the business cases and interact during the inspection.
If required by the nature of things, the authorizing authority and the authority of the State
supervision to ensure the bases and remove them on the time required for resolution, and
the conclusion of the case. About secured documents or records on the
technical data carriers shall issue a certificate to the operator.
(3) in the exercise of State supervision shall be treated in accordance with the Special
12. ^ ^)
12) Law No CNR. 552/1991 Coll., on State control, as amended by Act No.
166/1993 Coll. ".
64. section 48 reads:
"§ 48
(1) a fine in the amount of
and 150 000 CZK) saves the village legal person, which in its territorial jurisdiction
operates the lottery, raffle or winning slot machine without authorization,
that would have been entitled to this village, or it is operated in contravention of
This law, the game plan or with the terms, which were in the
authorization stores,
(b)) 300 000 Czk saves the District Office of a legal person in its territorial
the circuit operates a lottery or raffle without permission, that would be
entitled to the District Office, or it is operated in contravention of this
by law, the game plan or with the terms, which were in the authorisation
stored,
c) 500 000 Czk saves financial Office referred to in section 46 paragraph. 1 (a). (c))
legal person, which has operated without a permit lottery, raffle, or
another similar game, which would be authorized to issue the Ministry, or
operates in contravention of this Act, the game plan or with the terms,
It has been stored in the authorization, as appropriate, shall apply the proceeds from these
games for other than its intended purpose,
d) 50 000 Czk saves the State supervisory authority of a legal person
infringed the obligations referred to in § 47 odst. 2,
e) 5000 Czk saves the State supervision authority who will lose permissions
issued under section 24. Failure to fulfil obligations in a timely manner when a loss is to notify
provides for a maximum amount of the fine,
f) 50 000 Czk saves the authority of the State supervision of the physical person who is to
by employment, the Member or a similar proportion, and
participant Exchange betting and gambling in a casino, if you act in
contrary to this Act or to the operation or the game
the plan,
g) 50 000 Czk saves the State supervisory authority to the person who is the authorisation to
the operation of lotteries or other similar games listed as the person responsible
for compliance with the ban on games people under 18 years old in the case of the first
demonstrable breach of this prohibition,
h) 500 000 Czk saves the State supervisory authority to the person who is the authorisation to
the operation of lotteries or other similar games listed as the person responsible
for compliance with the ban on games people under 18 years old in the case of the second
the documented time different violations of this prohibition.
(2) the District Office, which issued the municipality under section 6 (1). 1 (a). (b))
to operate a raffle or lottery or in kind issued according to § 18 paragraph.
1 (a). b) permission to carry gaming devices,
entitled to save the village of fine under the conditions and in the amount referred to in paragraph 1
(a). and if it was.) issued under section 6 (1). 1 (a). (c)) where,
When a raffle or lottery operated by the State of the material represented by the district
the Office is entitled to impose a fine under the conditions and in the amount provided for in paragraph
1 (a). (b) the locally competent tax office).
(3) a fine in the amount of Czk 150 000 can be imposed on a natural person if
operates a lottery or some other similar game. With respect to the operation of
Prize of the appliance to the Czech currency, fined the municipality, in which the
the unit was designated. In other cases, the deposit
a fine financial Office referred to in section 46 paragraph. 1 (a). (c)).
(4) a fine may be imposed within one year from the date when the authority empowered to
the imposition of fines for violation of the obligations or the loss of privileges,
no later than three years from the date on which the breach of the obligation, or
the loss of rights.
(5) the financial penalty is payable within one month of the date when the decision on its
Save the acquired power.
(6) the fine imposed on the municipalities are the income budget of the municipality, that fine
the Council imposed. The fine imposed by district offices are district budget income
the Office. Fines imposed by taxation authorities are the income of the State budget
Of the Czech Republic. Fines collected and enforced by the authority, which is saved.
(7) the municipality that issued the authorisation to operate the lottery, raffle, or
Prize of the playing apparatus and this authorization under section 43 repealed, may
decide that, after completion of the tax and other financial obligations
the operator proceeds to the State budget will be drafted into this village.
The same may apply even in the event that the operator ran a lottery
or another similar game without a permit, and the village was this authorization
authorized to issue.
(8) the tax authority may decide that the yield of the lotteries or other similar
the game operated in its territorial jurisdiction without permission, that would be
authorised to issue the Ministry, will be drafted into the State budget of the Czech
of the Republic.
(9) the Ministry, which issued a permit to operate a lottery or other
similar games and this permit according to § 43 cancels, may decide that
the proceeds from these games will be drafted into the State budget of the Czech
Republic. ".
65. section 49 shall be deleted.
66. § 50 paragraph. 1:
"(1) the Ministry may by law to raise the highest staked
the amount on one game and the highest winnings in one game in accordance with section 17 paragraph. 4,
the highest one-hour defeat according to § 17 paragraph. 6 and edit requirements
mark referred to in section 18, paragraph. 6. ".
67. In article 50, paragraph 1, the following paragraph 2 is added:
"(2) the Ministry shall determine the legal details and more
the conditions for monitoring and keeping of records under section 37. ". So far
paragraph 2 becomes paragraph 3.
68. In section 50 of the newly designated paragraph 3, the word "fifth" shall be replaced by
the "fourth".
69. section 50 shall be added a new paragraph 4 is added:
"(4) the municipality may provide generally binding decree issued in separate
the scope of the winning slot of the device may be operated only on the
places and at a time designated by Decree, or provide for, on which public
accessible locations in the village is the operation of gaming devices
disabled. ".
70. The abbreviation "Crowns" are in all the provisions of the Act be replaced by the abbreviation
"CZK".
Article II
The Czech National Council Act No. 368/1992 Coll., on administrative fees,
the text of the law of the Czech National Council No. 10/1993 Coll., Act No. 72/1994 Coll.
Act No. 85/1994 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll.,
Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 301/1995 Coll.,
Act No. 151/1997 Coll. and Act No. 305/1997 Coll., is hereby amended as follows:
The annex to the law of the Czech National Council No. 368/1992 Coll., on administrative
fees, as amended by Act No. 85/1994 Coll., Act No. 273/1994 Coll.
Law No. 36/1995 Coll., Act No. 301/1995 Coll. and Act No. 305/1997 Coll.,
"The scale of management fees" shall be amended and supplemented as follows:
1. item 20 shall be supplemented with the letter g) is added:
"(g)) to enable the consumer competition 10%,
at least
$ 200.0-
not more than
CZK 10 million. ".
2. In item 20, the notes added point 4 is added:
"4. the basis of the fee under subparagraph (g)) of this item is higher WINS.".
Article. (III)
The law of the Czech National Council No. 586/1992 Coll., on income taxes, as amended by
the Czech National Council Act No. 35/1993 Coll., the Act No. 96/1993 Coll., Act
No 157/1993 Coll., Act No. 196/1993 Coll., Act No. 323/1993 Coll., Act
No. 42/1994 Coll., Act No. 85/1994 Coll., Act No. 114/1994 Coll., Act
No. 259/1994 Coll., Act No. 32/1995 Coll., Act No. 87/1995 Coll., Act
No. 118/1995 Coll., the Act No. 152/1995 Coll., Act No. 248/1995 Coll., Act
No 316/1996 Coll., Act No. 18/1997 Coll., Act No. 151/1997 Coll., Act
No. 209/1997 Coll., Act No. 210/1997 Coll., Act No. 227/1997 Coll. and
Act No. 111/1998 Coll., is hereby amended as follows:
1. In section 4, paragraph 4. 1 (a). (f)), the words ", from the advertising competition, advertising
"the sweepstakes.
2. In § 36 odst. 2 (a). (b)) of the point 2, the words "of the awards and prizes from
promotional contests and promotional sweepstakes [section 10, paragraph 1 (b), (h))], "
Emit.
Article IV
The law of the Czech National Council No. 565/1990 Coll., on local fees,
the text of the law of the Czech National Council No. 182/1991 Coll., Act of the Czech national
No 338/1992 Coll., Act No. 48/1994 Coll. and Act No. 305/1997 Coll.,
is amended as follows:
section 10a, paragraph. 3:
"(3) the rate of the fee for each winning slot machine on three months makes
from 1000 to 5000 Czk. ".
Article. In
Transitional provisions
1. Authorisation for the operation of lotteries and other similar games is valid to 31.
August 1998 shall remain in force until 31 December 2006. December 1998. So far
operators may request the competent authority for the issue of a permit
under this Act, with the understanding that the provisions of section 4b, paragraph. 1 meet the 31.
December 1999. This does not apply for authorisation to operate gaming
the devices, which are issued for a maximum period of one calendar year.
If the request for authorisation to operate gaming
the instruments were submitted to the competent authority before the date of effectiveness of this
the law, the procedure in proceedings on these applications in accordance with existing
regulations.
2. the certificate of serviceability of the equipment issued by the prize
responsible for authorized prior to the effectiveness of this law shall remain in
valid until 31 December 2006. December 1999, if indicated in the certificate
does not end before this date.
3. If used in other legislation of the concept of playing the instrument,
This means a winning slot machine under Act No. 202/1990 Coll., on
Lotteries and other similar games, as amended.
Article VI
Cancellation provisions
§ 1 (1) is hereby repealed. 1 to 5 of the Decree of the Ministry of Finance No. 223/1993
Coll. of musical instruments.
Article. (VII)
This law shall enter into force on 1 January 2005. September 1998, with the exception of section 4 (4). 6
up to 8, section 4b, paragraph. 1 and § 17 paragraph. 8, which enter into force on 1 January 2005.
January 1, 1999.
Zeman in r.
Tošovský in r.