The Amendment To The Law On Lotteries

Original Language Title: Novela zákona o loteriích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46696&nr=149~2F1998~20Sb.&ft=txt

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.