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Lotteries (Amendment) Act And The Amendment Of Certain Other Acts

Original Language Title: změna zákona o loteriích a změna některých dalších zákonů

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300/Sb.



LAW



of 6 May 1999. September 2011



amending Act No. 202/1990 Coll. on lotteries and other similar

the games, as amended, and other related laws



Change: 112/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Changing the law on lotteries and other similar games



Article. (I)



Act No. 202/1990 Coll. on lotteries and other similar games, as amended by

Act No. 71/1994 Coll., Act No. 148/1998 Coll., Act No. 63/1999 Coll.

the Act No. 353/2001 Coll., Act No. 320/2002 Coll., Act No. 283/2004 Coll.

Act No. 377/2005 Coll. and Act No. 254/2008 Coll., is amended as follows:



1. In paragraph 1, the following new paragraph 1, which reads as follows:



"(1) the operation of lotteries and other similar games is prohibited, with the exception of

the cases provided for by law. The purpose of this law is to define the

a framework for business permitted by law in the field of lotteries and other

similar games, and for their operation, contribute to the protection of persons who

participating in lotteries and other similar games, and to reduce the social

the risks of this participation, as well as to ensure that the lottery operators and other

similar games are taxed in a defined volume of funds on public

beneficial purposes. ".



Paragraphs 1 to 7 shall become paragraphs 2 to 8.



2. In paragraph 1, the following paragraph 9, including footnote # 1

added:



"(9) promotion, advertising and promoting the sale of lotteries and other similar

games of illicit or non-notified pursuant to this Act is prohibited.

Violation of this provision shall be subject to a penalty in the amount set by the other

legal regulation ^ 1).



1) Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act

No. 468/1991 Coll., on radio and television broadcasting, in

as amended, as amended. ".



3. In paragraph 2 (d)):



"d) instant lottery, in which a participant of the game, in the operator

during specified periods, as indicated, until the time of purchase of the covered section

betting slip or ticket, wiping it on payment of the deposit finds

the eventual win or loss. "



4. in paragraph 2 of the letter i) reads as follows:



"i) betting games operated in specially designated gambling

(casinos), even with the help of mechanical devices, which is not

the number of participants in advance, nor is it aware of the amount of the stakes

one of the games, such as Roulette, Craps, card games, when a bettor playing

against the operators of casinos, or other approved games, in the game

the plan, as well as variants of these games. Win is calculated from the amount of deposits

under the terms of the game plan. Wagering games under this

the provisions can not be run on mobile gambling (casinos); ".



5. In paragraph 2, at the end of the letter) is replaced by a semicolon and the following dot

is the letter l), m) and (n)) are added:



"l) betting games operated by functionally indivisible

technical equipment of the Central loterního system, which is

the electronic system consisting of a central control unit, local

control units and unlimited number of connected terminal

videoloterních interactive terminals (hereinafter referred to as "interactive

videoloterní Terminal "). Central control unit controls all game

processes, balloted results based on the application of coincidences, makes decisions on all

prizes and winnings instantly displayed on the interactive videoloterním

the Terminal, manages and executes the embedded bettors deposits

all administration associated with the course of the game. Central control

the unit must always be present on the national territory of the Czech Republic.

Interactive terminal is operated by videoloterní directly enter

only serves as a display unit of the Central loterního of the system.

By using this system cannot operate lotteries and games in accordance with subparagraphs)

(c)), d), (f)), g), (h)), m) point 1 and n);



m) tournament or cash betting games operated with the assistance of cards

which is determined by the number of participants is not known, and neither of the above

stakes, when participants pay a deposit (bet) or entry fee,

the return of the participant does not guarantee. Win is calculated according to the

conditions laid down in the game plan. Wagering games under this provision

You cannot operate in the mobile gambling (casinos). These games are

are carried out



1. as table games, in which a bettor playing against one another on

gaming tables on the basis of an authorisation pursuant to paragraph (i)), or



2. through the device being serviced directly by the punters (e.g..

through the internet, interactive terminals, videoloterních

local loterních systems, slot machines); n) betting

operated through a technical device, which is

electronic system of control unit with three fixed physically

the United game places served which consists of bettors

functionally indivisible whole (hereinafter referred to as "local lottery system"). This

technical device to enter a cylindrical display offers a specific game

through at least three rotating mechanically or electronically

accrued discs with different symbols, plus the bonus game.

Technical equipment may not be extended for more gaming space. The decision on the

Basic winnings and bettors embedded management deposits is performed

directly on the site either with technical equipment, or one of the gaming sites.

By using this system cannot operate lotteries and games in accordance with subparagraphs)

(c)), d), (f)), g), (h)), l) and (m)) of point 1. ".



6. section 4 reads as follows:



"§ 4



(1) the Lotteries and other similar games may be operated only on the basis of

authorisation issued by the competent authority. If the lottery and other

similar to the game state, acting on his behalf or by the Ministry responsible for

State organization.



(2) the proceeds shall mean intake of one operator formed by all

inset amounts from all operated by games under this Act,

subject to the statement in the accounting period, less the winnings, the administrative

the charge, local taxes, the cost of State supervision and the custom cost

the operator is directly related to the operation of the games; in the case of the games according to the

section 2 (a). m), point 1, the proceeds of which shall be at least 5% of the total

input into the game.



(3) the licence shall be issued, if the operation of lotteries and other similar

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 applied to parts

the proceeds of at least 20% of the difference by which the income of the operator,

formed by all the imbedded amounts from all operated by lotteries and

other similar games according to § 2 (b). a), b), c), (d)), e), (f)), g), (h)),

I), (j)), k), (l)), m), point 2, n) and § 50 para. 3, which are subject to

statement in the accounting period exceeds the winnings paid out punters,

administrative fees, local taxes and the cost of State supervision, and in the case of

the games according to § 2 (b). m) of point 1 of part of the proceeds in the amount of at least 5% of the total

input into games (hereinafter referred to as "part of the proceeds"). For the stake amount

Summary of the implementation is considered to be received by the operator, which consists of bet

(deposit) and any fee or other consideration connected with the policy implemented

bet. This fee or other consideration connected with the policy implemented

do not enter into the calculation of the amount of the bet winnings according to the provisions of § 2 (b). (h)).

Drainage of part of the proceeds in the amount of the public benefit purposes meets the

the condition laid down other legislation ^ 3).



(4) in the case of the operation of the games according to § 2 (b). g), (h)), i), (j)) l), n) and

§ 50 para. 3 with regard to lotteries and other similar games

by means of technical installations subject to authorisation

the State Department, at least 1/4 of the proceeds of the levy provided for in section

paragraph 3 does municipalities, in whose territorial scope this technical

the device through which were listed in the accounting period of the game

operated, was located.



(5) the market share of a on the part of the proceeds referred to in paragraph 4 shall be adopted in

pursuant to section 2 (a). (j)) l), n) and the Lotteries and other games

by means of technical installations subject to authorisation

the Ministry pursuant to § 50 para. 3 according to the number of such technical devices

located on the territory of the municipality and the number of days in the relevant calendar year after

that was the game through these devices operate; in

If the games according to § 2 (b). g), (h) and (i))) based on the number of establishments in the territory of

the village and the number of days in the calendar year, after which they were of the game

on the territory of the municipality.



(6) the operation of lotteries and other similar activities games

pointing to the placing of lotteries and other similar games in the operation, including the

intermediary, organizational, financial, technical and other

services related to ensuring the operation of these games and their proper

termination and settlement. The operation of lotteries also means the exercise of

all the other activities that operators store the other legal

regulations.



(7) an authorization to operate lotteries and other similar games can be


issued only a legal person that has its head office in the territory of the Czech Republic.

Permits cannot be issued to a legal person with foreign domestic equity

participation or legal person, in which the company has ownership

participation. The provisions of the second sentence shall not apply to gambling under section 2

(a). I).



(8) in the event that the Department shall authorize the lottery or some other similar game

operated through the internet, registration can take place

the population on such a game only in places where the applicant for such

the authorization requested, normally accepts bets on the lottery or some other similar game

allowed under this Act.



(9) the Lotteries and other similar games under section 2 (b). and), c), (d)), f), (h)), and)

(j)) l), m), (n)) and pursuant to § 50 para. 3 may operate



and) State,



b) joint-stock company with a registered office in the territory of the Czech Republic, which has as a

the subject of the business operation of lotteries and other similar games, whose

all shares are added to the name; If the shareholder of the joint stock company

Another joint-stock company, its shares must all sound in the name.

The registered capital of the joint-stock company shall be at least 100 000

EUR and must not be reduced below this minimum amount all the time

the validity of the permit. The capital amount must be repaid

only in cash. The origin of the funds used to

capital is the applicant in the authorisation procedure for the lottery and the

other similar games required to prove (e.g., file tax returns, and

both from the Czech Republic and from abroad). The capital must be

paid before submission of the application for authorisation, the authorisation shall be issued otherwise.



(10) the gambling under section 2 (b). e) can operate the joint-stock company

with its headquarters on the territory of the Czech Republic, which is based to the operation

These games and where all the shares are added to the name; If a shareholder in this

joint-stock company joint-stock company, the other its all shares

sound of the name. The registered capital of the joint-stock company must do

at least 30 000 000 Czk and must not be reduced below this minimum amount

the entire period of validity of the authorisation. The capital amount must

be paid only in cash. Share capital must be paid up

before submitting an application for a permit, otherwise the authorization issued.



(11) the gambling under section 2 (b). (g)) may operate a joint-stock company

with its headquarters on the territory of the Czech Republic, which is based to the operation

Lotteries and other similar games and where all the shares are added to the name;

If the shareholder of the joint stock company joint stock company, the other

and its all stock sound in the name. The registered capital of the joint stock

the company shall be at least 30 000 000 Czk and must not be reduced under

This minimum amount for the whole period of validity of the authorisation. The capital of the

in the specified amount shall be paid only in cash. Basic

the capital must be paid up before the application for the permit, otherwise

the permit will not issue.



(12) the gambling under section 2 (b). k) may operate the State or State

in charge of the joint-stock company with a registered office in the territory of the Czech Republic, which

It is based to the operation of such games, and where all the shares are added to the

the name; If the shareholder of the joint stock company joint stock other

the company, its shares must all sound in the name. The capital of the

This joint-stock company must amount to at least 10 000 000 Czk and must not be

reduced below this minimum rate throughout the period of validity of the permit.

The capital of the amount must be paid only by cash

deposits. Share capital must be paid up before the application for

authorisation, or the permit issued.



(13) for the issue of permits for the operation of lotteries or other similar games

the administrative fee is charged under another law ^ 4).



(14) the operation of foreign lotteries, including the sale of foreign lottery tickets,

participation on the stakes 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. The operation of domestic lotteries and other similar games

which bets are paid abroad is prohibited. The Ministry may to

ensure the reciprocal of this prohibition the exception. ".



7. In article 4b, paragraph 2. 1, letter a) is added:



"and 50 000 000 Czk for lotteries) and games according to § 2 (b). and), c), (d)) l), m)

point 2, n) and pursuant to § 50 para. 3 and under all operated

Lottery and games ".



8. In section 4b of paragraph 1. 1, point (b)) shall be deleted.



Former points (c) to (f))) shall become point (b)) to (e)).



9. in section 4b of paragraph 1. 1 letter e) is added:



"e) 20 000 000 Czk for games under section 2 (b). I) and m) (1). ".



10. In section 4b is at the end of paragraph 1, the sentence shall be added:



"The origin of the funds used in the lodging of the applicant is

required to prove (e.g., file tax returns, both from the United

Republic and from abroad). The applicant shall not apply to the lodging of a security

funds from loans and credits. The composition of the security checks

Ministry or other authority. Without lodging

cannot be issued. "



11. In article 4b, paragraph 3 reads:



"(3) After the period for which the authorisation to operate lotteries, and other

similar games released, the operator must not dispose of it with certainty, and neither the

release of the security shall occur or part thereof. For confidence

under the preceding sentence shall not transfer its balance between banks

or spořitelními and úvěrními teams for the duration of the authorisation to

the basis of a decision issued by the authority that the lottery or any other similar

the game allowed. ".



12. the following section is inserted after section 4 c, 4 d, including title and notes

line no. 4b and 4 c is added:



"section 4 d



Use a portion of the proceeds of the lottery and other similar games



(1) part of the proceeds from lotteries or other similar games

According to § 2 and § 50 para. 3 can only be used for the charitable purpose

referred to in the authorization. The operator will take a portion of the proceeds from lotteries and other

similar games on the purposes under section 4 (4). 3 foundations, endowment funds,

generally beneficial companies, civic associations, churches and

religious communities, medical facilities, educational facilities,

cultural facilities, municipalities, territorial contribution

organisations or other natural or legal persons (hereinafter referred to as

"the recipient of part of the proceeds"). Legal persons as beneficiaries of the exhaust parts

the proceeds from lotteries and other similar games must be based, set up

or registered in the Czech Republic or must have the consent of the Ministry of

the part of the proceeds from lotteries and other similar games abroad,

while maintaining all the conditions of this Act. The obligations laid down in this

part of the proceeds to the beneficiary by law apply whether or not the person to whom the

the recipient of part of the proceeds transferred resources part of the proceeds, or their

part (hereinafter referred to as "final beneficiary").



(2) the applicant shall attach to the application for a permit to operate a

lotteries or other similar games of each contract on the use of part of the proceeds

part of the proceeds, agreed with the beneficiary. If the agreement is approved by the

licensing authority is invalid. In this agreement, the parties must

agree on a specific purpose of use part of the proceeds, the undertaking by the recipient

to submit papers on the use of part of the proceeds of the authorizing authority and the

the operator, on the way, extent, place and time of publication

the adoption of part of the proceeds. Without this provision, the contract becomes

an invalid. The contract on the use of part of the proceeds may be at any time during

the operation of lotteries or other similar games. Each such change

subject to the approval of the authorising authority. In the event of a breach of the agreed

the way the range, place and time of publication is the recipient of part of the proceeds

obliged to return these funds to the operator.



(3) the operator will take part of the proceeds referred to in paragraph 1, with the exception of

the proceeds of the games pursuant to section 2 (a). e) povolovaných municipal authority, the

bank account to one or more recipients no later than 31 December 2006. July

year in which the statement was made for the previous calendar year,

or within one month of the billing for games. Part of the proceeds from lotteries and

other similar games according to § 2 or § 50 para. 3 the operator may not

liable legal person, whose shareholder, partner or a member of the

shareholder of the operator, or if it is a member of its statutory or

the inspection authority of the natural person who is a member of a statutory or

the supervisory authority of the operator of, or a person close to them ^ 4b) or the person

that is their employment or similar relationship; It

does not apply if the shareholders of the operator only civil unions, according to

another law ^ 4 c).



(4) the operator of a gaming device, which permits

the operation gave the local authority, will take part of the proceeds from the operation of this

gaming device village, the municipal authority issued the authorisation to

publicly beneficial purpose within the time limit referred to in paragraph 3. The operator

gaming apparatus shall inform the competent tax office ^ 4a) about

the fulfilment of the obligations under the first sentence within one month from the date of levy

part of the proceeds of the village.




(5) the operator of lotteries and other similar games according to § 2 or § 50

paragraph. 3 subject to the statement in the accounting period, except for games

pursuant to section 2 (a). e) povolovaných municipal authority, shall until 31 December 2006. August

year in which the statement was made for the previous calendar year,

or within one month from the Bill sent to the Department of game and

the competent tax authority ^ 4a) information on the distribution of part of the proceeds. In

the information the operator shall include the following information:



and) name, registered office and number of the recipient part of the proceeds, if the

a legal person, and the name or names, last name, social security number and

address of the place of residence, where appropriate, the address of the place of residence outside the

The United States, if the recipient is part of the proceeds of a natural person,



(b) the amount of the converted part of the proceeds),



(c) specific purpose) agreed upon using a portion of the proceeds.



(6) part, as well as the final Recipient of the recipient are required to submit

the authorizing authority and the operators of the papers about using part of the proceeds to the

30 days from the date when the funds run out in its entirety. The recipient

is obliged to fully use these resources received not later than 1 year after the

receiving them. Failure to observe this time limit shall be obliged to return the funds

the operator that he or she is provided. Use part of the proceeds can be demonstrated

in particular, the accounting document or writing in books, or

their copies or a sworn declaration about the use of part of the proceeds. The part of the

the proceeds of an unused within the prescribed period on the agreed purpose of the recipient returns

without undue delay to the operator, which, after agreement of the authorising

the authority will use part of the proceeds to other publicly beneficial purpose.



(7) the operator is required to use part of the proceeds of data reported

the recipient of part of the proceeds to present the authorizing authority and the competent

^ 4a) to the tax authority within 30 days after their receipt from the recipient.

The Ministry, the authorizing authority and the competent tax office ^ 4a) are

the power to take control at the beneficiary's use of a portion of the proceeds within 5 years after the

the submission of the information referred to in the first sentence. The tax authority shall inform the

the result of the control of the authority and the operator. The operator is

also obliged to notify the authorizing authority and the relevant financial

^ Office of the 4a) the failure of the recipient in the context of the adoption of the parts of the

of the proceeds referred to in paragraph 5 not later than one month after the

failure to meet this obligation.



(8) the consent to another than in the authorization provided for the application of part of the proceeds

the authorising authority may be granted on the basis of a reasoned request

the operator, which is accompanied by a contract for the use of part of the proceeds referred to in

of paragraph 2. The decision authorising authority under this paragraph shall

be made within 30 days from the date of receipt of the request of the operator, if the

not made within this time limit, it shall be deemed that the approval was issued.



4B) Act No. 40/1964 Coll., the civil code, as amended

regulations.



4 c) Act No. 83/1990 Coll. on Association of citizens, as amended

regulations. ".



13. under section 4 d the following new paragraph 5, including the title reads as follows:



"§ 5



Disclosure of information



(1) the operator of lotteries and other similar games, under paragraph 2 (a). and), c), (d)),

f) to (n)), and the operator of gaming under section 2 (b). (e)) and § 50 para. 3, which

to enable the Ministry of, shall, within 30 days from the date of sending of the

information about the distribution of part of the proceeds to the Ministry and the competent

^ IRS 4a) publish in a way allowing remote access,

for at least 5 years, the allocation of part of the proceeds, including the data according to § 4 d

paragraph. 5 (b). a) to (c)); in the case of a natural person, he shall state only the name,

where appropriate, the name, surname and the municipality in which the person has a permanent

the stay.



(2) the operator of a game under section 2 (b). (e)), which the permit was issued by the municipal

the authority shall, within 30 days of the date when posted by Bill municipal

Office, publish in a way allowing remote access, for at least

5 years, the amount of the part of the proceeds paid in the village, the local authority authorisation

It has issued.



(3) the Ministry shall publish each year, before 30 June. November way

allowing remote access, for a period of at least 5 years, data on the amount of all

part of the proceeds made individual contributions to the operator for

the previous calendar year for all of them operated by games, information on all

part of the proceeds to the beneficiaries and on the purpose of use of part of the proceeds; If the beneficiary is

part of the proceeds of a natural person, the name, or names,

last name and village, in which he has his place of domicile. Municipal

the authority, which has authorised lottery or some other similar game, shall publish without

undue delay, information concerning the use of part of the proceeds to charitable

the purpose of the manner allowing remote access for at least 5 years old. ".



14. section 16, including the title shall be deleted.



15. In article 17, paragraph 11 shall be deleted.



16. in article 21, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



17. section 22 reads:



"§ 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 a basic capital in accordance

with the provisions of section 4, paragraph 4. 9, at least in the amount of Eur 100 000 000 and that he passed

security in accordance with § 4b of paragraph 1. 1 (b). c).“.



18. section 24 is repealed.



19. section 26 is added:



"section 26



The person authorized to receive bets betting operator shall not participate in,

for which bets are accepted. The person setting the odds may not participate in

betting operator, for which courses they are determined; These persons may not be

participate in betting or for operators who are authorised under this

the law. Persons who are directly active in sporting events,

to which the operator takes bets under section 2 (b). f), (h)),)

§ 50 para. 3 (e.g. coaches, players, referees, sports officials

clubs, etc.), you must not participate in bets on events in sports

competitions, to which they are parties or are otherwise involved in, or

attended a sports club, in which holding a function. ".



20. in section 28 paragraph 1 and 2, including footnote No. 10 shall be added:



"(1) the operator shall annually, within two months after the expiry of the

calendar year, submit to the competent tax authority ^ 4a) Bill

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

the expense report to the Tax Office for Prague 1, operators established in the

the territory of the city of Brno in Brno and the IRS and the operators based on the

territory of the city of Ostrava and the IRS.



(2) the statement referred to in paragraph 1 shall be given data on income from

betting transactions, which are the amounts wagered, winnings paid out to players,

about the costs associated with running the game, calculation of the administrative

fee ^ 4), about the contributions of the State supervision and the calculation of levy on the public

beneficial purposes pursuant to section 4, paragraph 4. 3. the procedures associated with this

billing will be governed by other legislation ^ 10).



21. in section 29 of the second sentence reads: "the operators established on the territory of the main

the city of Prague paid this levy on account of the Tax Office for Prague 1,

operators established on the territory of the city of Brno on account of the tax office

Brno and and operators established on the territory of the city of Ostrava on account

The tax office Ostrava I. ".



22. In article 32, paragraph 3 reads:



"(3) as a condition for the issuance of the permit is to allow the applicant to the Ministry

has shown that the amount of its share capital in accordance with article 4, paragraph 2. 9 shall be

at least Eur 100 000 000 and that they have lodged pursuant to § 4b of paragraph 1. 1 (b).

e).“.



23. in § 40 paragraph 1 reads:



' (1) as a condition for the issuance of the permit is for the applicant to demonstrate to the Department of

in particular, the conditions contained in the provisions of § 4 para. 12 and

prove compliance with the conditions for the proper operation of the horserace betting. ".



24. In article 45, paragraph 1, including footnote # 5 reads as follows:



' (1) in proceedings concerning lotteries and other similar apply Board Games

order ^ 5), unless this Act provides otherwise.



5) Act No. 500/2004 Coll., the administrative code, as amended. ".



25. In paragraph 45, the following paragraph 3 is added:



"(3) the municipality in whose territory it is to be a lottery or other similar game pursuant to §

2 (a). (g)), i), (j)), l) and (n)), is a party to proceedings in the case of

the first administrative proceedings for the issue of permits for the operation of this sweepstakes

or other similar games in the establishment to a specific address. In proceedings of the

enable gambling under section 2 (b). l) and (n)) as to the location of the

each end of interactive terminals or videoloterních

local loterních systems on the territory of the municipality. The use of the community their right

comment in this proceeding, is required to justify its statement of

regard to the protection of local matters of public policy. ".



26. in § 46 para. 1 at the end of the text of subparagraph (c)) the comma is replaced by a dot

and the following sentence "If the headquarters of the operator or his establishment on the

Ostrava, State supervision shall be exercised by the tax office Ostrava I, ".



27. in § 48 para. 1 c) to (j)):



"(c)) 10 000 000 Czk saves the financial Office referred to in § 46 para. 1 (b). (c))

legal or natural person who, without permission, that would be


authorized to issue Ministry, operates or organise a lottery,

raffle or another similar game, or it is operated in contravention of this

the law or breach of the prohibition laid down in article 1 (1). 5 or § 4 paragraph 2. 14,



(d)) 5 000 000 Czk saves the financial Office referred to in § 46 para. 1 (b). (c))

legal or natural person, which, as the recipient will use part of the proceeds

from the operation of lotteries and other similar games for other than its intended

purpose, or publish the adoption of part of the proceeds in violation of the law,



(e)) $ 1 000 000 saves the financial Office referred to in § 46 para. 1 (b). (c))

natural or legal person who operates the lottery, raffle, or

another similar game contrary to the game plan, or with the terms of that

It has been stored in the authorization, or with the provisions of section 4 c (a). and)



(f)) $ 50,000 saves the State supervision authority in the legal entity that

infringed the obligations referred to in section 4 c (a). (b)) or § 47 para. 2,



(g)) of $ 50,000 will save the authority of the State supervision of the physical person who is to

by employment, the Member or a similar proportion, and

party involved in foreign exchange of bets and betting casino games, if you act in

contrary to this Act or to the operation or the game

the plan,



h) $ 50,000 saves the State supervision 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 the age of 18 years in the case of the first

demonstrable breach of this prohibition,



I) 500 000 CZK saves the State supervision 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 the age of 18 years in the case of the second

demonstrable breach of this prohibition of a different time,



j) 500 000 CZK saves the financial Office referred to in § 46 para. 1 (b). (c))

a natural or legal person who, as a recipient of the breach of an obligation

provided for in section 4 d of paragraph 1. 6. ".



28. In article 48, paragraph 3 shall be deleted.



Paragraphs 4 to 9, shall be renumbered as paragraphs 3 to 8.



29. in paragraph 49, the words "§ 17 para. 11 and "shall be deleted in both cases.



30. In § 50 paragraph 3 and 4 are added:



"(3) the Ministry may permit and lottery and other similar games that

they are not in the Act in the first to fourth modified, provided that in

enable all of the conditions governing such sweepstakes or other

similar games to set out in detail. It's doing so apply the provisions of

first to fourth section of this Act. In this context, the Ministry of

provides for operators to take measures to prevent games persons

nedovršily the age of 18, and to ensure public order.



(4) the municipality may provide generally binding decree that gambling according to the

section 2 (a). e), (g)), i), l), m) and (n)), and Lotteries and other similar games pursuant to §

2 (a). (j)) and § 50 para. 3 may be operated only in places and in

over time this Decree designated, or provide for, where and

What time is in the village of the operation referred to lotteries and other similar

gambling is prohibited, or completely disable the operation of lotteries and other listed

similar games on the entire territory of the community. ".



31. In article 50, the following paragraph 5 to 8 are added:



"(5) the operation of lotteries and other similar games under this Act

may not be with the exception of lotteries and Raffles according to § 6 paragraph 1. 1 (b). and)

allowed in schools, educational establishments, establishments of social and

health care and in buildings in which the business is carried on by State

authorities, public administration or the activities of a registered church or

religious organisations.



(6) the provision referred to in paragraphs 4 and 5 shall mean the actual operation of amusement arcades and

casinos, slot machines, interactive videoloterních

terminals, local loterních systems and other equipment being serviced

bettors, including taking deposits, payouts and more

towards the conclusion of contractual relations between the operator and the

bettors. For the operation referred to in paragraphs 4 and 5 shall not be considered a control

operational activities of the operator, operation of the central servers, conclusion

contractual relations of the operator and its contractual partners, handling

claims and other administrative activities associated with the operation

Lotteries and other similar games.



(7) the Community has the obligation to inform the Ministry about the adoption of the decree by the

paragraph 4 or 5, and within 15 days of the approval of the municipal board.



(8) the Ministry may lay down by law technical standard

operated by technical equipment and systems, in particular as regards

access to the data of the State supervision in order to register and

control financial flows. ".



Article. (II)



Transitional provisions



1. the procedure for authorisation of lotteries and other similar games launched before 1 May 2004.

January 2012 shall be completed under the law on lotteries and other similar

the games, in the version in force before that date. Authorisation for the operation of lotteries

and other similar games released prior to 1. January 2012 will be considered void, with the exception of

lotteries under section 2 (b). (c)), within the time limit laid down in the authorization, if further

except as otherwise provided. The Ministry of finance changed within 6 months of 1.

January 2012 permits issued under the Act in the version in force before 1 January 2005. January

2012 to match the law, saying that their term of validity

will be determined in accordance with point 4.



2. operators who run lotteries and other similar games based on

permit issued under the law on lotteries and other similar games, in

the version in force before 1 January 2005. January 2012 or amended pursuant to paragraph 1,

the authorizing authority shall submit to the 1. January 2013 contract on the use of part of the

the proceeds under section 4 d of paragraph 1. 2 of this Act, and not later than this date

showing that there are also a way of repayment and the amount of capital referred to in section 4, paragraph 4.

9 (a). (b)), para. 10 to 12 of this Act.



3. Authorisation for the operation of lotteries or other similar games released

under the law on lotteries and other similar games, in the version in force

1. January 2012 may be cancelled due to infringement

committed before 1 January 2002. January 2012 under the conditions provided for by law in the

the version in force before 1 January 2005. January 2012.



PART TWO



Amendment of the Act on administrative fees



Article. (III)



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.

38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.

182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.

239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.

297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.

312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.

141/2009 Coll., Act No. 197/2009 Coll., Act No. 207/2009 Coll., Act No.

228/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Coll., Act No.

346/2009 Coll., Act No. 420/2009 Coll., Act No. 129/2010 Coll., Act No.

148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No.

343/2010 Coll., Act No. 427//2010 Coll., Act No. 30/2010 Coll., Act

No 105/2007 Coll., Act No. 133/2007 Coll., Act No. 134/2007 Coll., Act

No 152/2007 Coll., Act No. 188/2007 Coll., Act No. 245/2007 Coll., Act

No 249/2007 Coll., Act No. 255/2007 Coll. and Act No. 262/2006,

be amended as follows:



In tariff administrative fees item 21 (b)):



"(b) the authorisation number)

lottery under section 2 (b). (c))

law, gambling by

section 2 (a). (f)) of the Act,

wagering game according to § 2

(a). h) of the Act, betting

Games pursuant to section 2 (a). (j))

law, gambling by

section 2 (a). k) of the Act,

wagering game according to § 2

(a). l) of the Act, betting

Games pursuant to section 2 (a). n)

law or lotteries and other

similar games based on

§ 50 para. 3 of the Act for the

each year 10%

at least Eur 1 500

a maximum of Eur 10 000 000 ".



Article. (IV)



Transitional provision



The administrative fee referred to in item 21 (b). (b)) of the annex to the law on administrative

fees, effective the date of effectiveness of this law will be meted out last

for the accounting period, which began in the year 2011.



PART THREE



Amendment of the Act on local fees



Article. In



Act No. 564/1990 Coll., on local fees, as amended by Act No.

184/1991 Coll., Act No. 337/1992 Coll., Act No. 48/1994 Coll., Act No.

305/1997 Coll., Act No. 148/1998 Coll., Act No. 185/2001 Coll., Act No.

273/2001 Coll., Act No. 320/2002 Coll., Act No. 228/2003 Coll., Act No.

270/2007 Coll., Act No. 281/2009 Coll., Act No. 348/2009 Coll., Act No.

183/2010 Coll. and Act No. 30/2010 Coll., shall be amended as follows:



1. in paragraph 1 of the letter g) is added:




"(g)) the fee for the operated slot machine, the end

Interactive videoloterní Terminal and the game instead of the local game

the system, '.



2. section 10a is inserted:



"§ 10a



(1) the fee for the operated slot machine is subject to each

allowed gaming machine, as defined in section 2 (a). e) of Act No. 202/1990

Coll. on lotteries and other similar games, as amended

(hereinafter referred to as the "law on lotteries"), (hereinafter referred to as "slot machine"),

each end of the interactive videoloterní Terminal, as defined in section 2 (a).

l) of the law on lotteries (hereinafter referred to as "the end of the interactive videoloterní

Terminal ") and each game instead of the local system, as defined in

section 2 (a). n) of the law on lotteries (hereinafter referred to as "the game instead of the local

gaming system "). The municipality is not required to provide relief from this

of the fee.



(2) the fee for a slot machine, end interactive

videoloterní Terminal and the game instead of the local gaming system

its operator.



(3) the rate of the fee payable for each slot machine, each end

Interactive videoloterní Terminal and each game instead of the local

gaming system for three months from $ 1,000 to $ 5,000.



Article. (VI)



Transitional provision



Local fees for operating gaming machines, or other

technical devices that have been authorized by Act No. 202/1990 Coll., on

Lotteries and other similar games, in the version in force before 1 January 2005. January

2012, shall be determined in accordance with the existing legislation.



PART FOUR



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on 1 January 2000. January 2012, with the exception of the provisions

article. I, section 30, with regard to § 50 para. 4, and part of a third, which will become

effect on the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.