Rs 935.52 Federal Act Of 18 December 1998 On Games Of Chance And Gambling Houses (Law On Gambling Houses, Lmj)

Original Language Title: RS 935.52 Loi fédérale du 18 décembre 1998 sur les jeux de hasard et les maisons de jeu (Loi sur les maisons de jeu, LMJ)

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935.52 federal law on games of chance and gambling houses (law on gambling houses, LMJ) of December 18, 1998 (status on December 27, 2006) the Federal Assembly of the Swiss Confederation, view of art. 35 of the constitution, given the message of the federal Council of February 26, 1997, stop: Chapter 1 object and purpose art. 1 purpose this law regulates games of chance that offer opportunities to realize a gain in money or get other material benefit, granting concessions to the gambling houses, as well as exploitation and the imposition of these institutions.
This Act does not apply to lotteries and betting professional, these being regulated by the Federal law of June 8, 1923, about them.

RS 935.51 art. 2 goals this Act aims to: a. ensure exploitation of the games safe and transparent; b. to prevent crime and money laundering in the homes of games or through them; c. to prevent the socially harmful consequences of gambling.

In accordance with the purposes set forth in para. 1, the Act encourages tourism and provides recipes to the Confederation and the cantons.

Chapter 2 sets art. 3 definitions of gambling are games that offer for a bet, the chance to realize a gain in money or other material advantage, this dependent on chance only or essentially random.
The slot machines for games of chance are devices that offer a game of chance which is largely automatic.
The slot machines for games of skill are devices that offer a game of skill, which is largely automatic, the chance of a dependent gain of the address of the player.
The federal Council, after consultation with the cantons, issues regulations on the distinction between games of chance and games of skill.

Art. 4 games of chance offered only gambling houses who receive a concession may offer games of chance.
The federal Council sets in order the games of gambling houses can offer. In so doing, it takes into account the games usually offered in other countries.

Art. 5 electronic communication network operation of a network of electronic communication such as the Internet for the operation of games of chance is not permitted.

Art. 6 technical requirements for the federal Council play enacts technical regulations for the game systems and devices slot for games of chance. It regulates in particular review, compliance assessment and approval.
For the slot machines for games of chance, it defines in particular categories according to the maximum bet and the possibilities of gain and loss.
During the development of the technical requirements for the game, the federal Council respects the sovereignty of the cantons in terms of slot machines for games of skill.

Chapter 3 Section 1 provisions gambling houses General art. 7 definition a gambling house is a company that offers, in a professional capacity, the possibility to engage in games of chance.

Art. 8 categories casinos offer table games and slot machines to gambling. They are entitled to a connection between the games within the institution and with other houses of game, including forming jackpots (grant A).
Casinos can, provided that they meet the other conditions laid down by this Act (art. 10-ss), offer more than three games of table and the slot machines for games of chance with a potential loss or gain any (grant B). The federal Council shall determine whether and to what extent the connection between games is allowed in a casino.

Art. 9 locations gambling houses should, as much as possible, be distributed evenly between the interested regions.

Section 2 Concessions art. 10 concession of implantation and concession to the establishment of a gambling house is subject to obtaining a concession of implantation.
Operating a gambling house is subject to obtaining a concession of exploitation.

Art. 11 dealer concessions shall be granted only: a. legal persons under public law; b. to limited liability companies governed by the Swiss law whose capital is divided into shares and which the Board of Directors is composed exclusively of members domiciled in Switzerland; c. to cooperative societies governed by Swiss law which the Board of Directors is composed exclusively of members domiciled in Switzerland.

Art. 12 terms and conditions a concession may be issued under the following conditions: a. the applicant, its major trading partners, their economic rights holders, as well as the unitholders and their beneficial owners have sufficient own financial means, enjoy a good reputation and offer the guarantee of irreproachable business; (b) the applicant, the unitholders and, at the request of the Commission of gambling (commission) their major trading partners have established the legal origin of the funds available.

The concession sets the conditions and charges.

Art. 13 specific conditions the grant of implementation may be granted only if: a. the canton and the municipality of implementation are in favour; b. the applicant establishes, in a report, the economic utility of the Playhouse for the siting region.

The concession to may be granted only if: a. statutes, the Organization, the contractual relations with the holder of the concession of implantation, other contractual relations and the rules of the games to guarantee the independence of the management to third parties as well as the monitoring of the gambling house; (b) the applicant presents a program of security measures and a programme of social measures; c. the applicant product profitability calculations establishing credibly that the House game planned is economically viable; d. the applicant sets out the measures it intends to take to allow the correct taxation of the gambling house.

When the implantation and the concession to concession holders are separate, the granting of the concession to is subject to the agreement of the holder of the concession of implantation.

Art. 14 programme of measures of security and programme of social measures in the programme of measures of security, the applicant sets out the measures it intends to take to ensure the safety of the operation of the games and to combat crime and money laundering.
In the programme of social measures, it defines the measures it intends to take to prevent the socially harmful consequences of gambling or remedy.
The federal Council sets out requirements that the program of security measures and the programme of social measures must meet.

Art. 15 procedure of concession requests should be addressed to the commission which shall forward it to the federal Council.
The commission publishes requests for concession in the Federal Gazette and in the official journal of the canton.
She instructs the process expeditiously and proceeds in particular to the necessary consultations.
It shall submit a proposal to the relevant Department, which forwards it to the federal Council.

Art. 16 decision the federal Council shall decide on the granting of the concession; its decision may be appealed.
The grant is published in the Federal Gazette and in the official journal of the canton of implantation of the gambling house.

Art. 17 period of validity and non-transmissibilite the duration of the concession is generally 20 years. Where special circumstances warrant, the federal Council may provide a more or less time.
The concession may be extended or renewed.
The concession is not transferable. Any act legal contrary to this prohibition, or which aims to get around sucks.

Art. 18 obligation to communicate the dealer shall communicate to the commission: a. any modification of relevant facts relating to the conditions for granting the concession; b. any change in participation which would result in a concentration of more than 5% of the capital or voting rights in a hand.

Art. 19 withdrawal, restriction, suspension the commission withdraw the concession when some of the essential conditions which were attached to its allocation are no longer met or if the dealer: a. has been awarded the concession by giving incomplete or inaccurate information; b. did not start the operation within the time fixed by the concession; c. intentionally ceases operation for a relatively long period.

Also withdraw the concession if the dealer or one of the people to which it has entrusted the management of the gambling house: a. violates way serious or repeated this Act, its implementing provisions or the concession; b. uses the concession for illicit purposes.

In less serious cases, the commission may suspend the concession, restrict it or submit it to conditions and charges.

If the dealer is a corporation or a cooperative society and the concession to be withdrawn, the commission may order the dissolution of the company; She appoints the liquidator and monitors its activity.

Section 3 operation art. 20 permits the federal Council may provide special permissions, particularly in regard to: a. the right to executive staff, entertainers, games and dealers of their profession; b. the game providers; c. technical equipment.

It defines the conditions and the procedure for granting permissions.

Art. 21 prohibition of play have the general prohibition of play: a. people under 18 years old; b. persons who are the subject of an exclusion order (c) members of the commission and its secretariat; d. employees of gambling houses who are directly interested in the operation of games; e. members of the organs of the companies responsible for the manufacture of commerce of play facilities; f. members of the organs of the gambling houses.

Have the ban on playing in the play house with which they are in relationship: a. employees of the House of game and of its annexes, even if they are not directly interested in the operation of the games; b. the shareholders who hold more than 5% of the capital stock of the gambling house and holders of shares in the case of a cooperative.

Art. 22 exclusion the gambling house excludes games people she knows or should assume, on the basis of the findings it has made itself in his establishment or on the basis of information from third parties: a. they are insolvent or that they do not fulfill their obligations fnancieres; b. that they committed updates unrelated to their income and their fortunes; c. that they are likely to disrupt the games.

Exclusion, motivated, must be communicated in writing to the person concerned.
The exclusion must be lifted as soon as the event ended.
A player may request to be excluded from the games.
Home game keeps a record of exclusions and communicates to the other houses of Switzerland set the identity of the expelled persons. It destroys these data immediately after that exclusion was lifted.

Art. 23 access restrictions can play House: a. refuse a person access to his property without providing any reason; b. require an entry price; c. enact clothing restrictions.

Art. 24 identity check the gambling House verifies the identity of its customers before giving them access to the property. It accepts any official document establishing the identity of the bearer.

Art. 25 updates and issues only tokens and plaques can be committed to the table games.

Art. 26 maximum bet the federal Council regulates the maximum bets for each game type.
He considers doing so to the standards in force in other countries and takes into account the dangers inherent in the relevant game.

Art. 27 loans and advances gaming may grant loans or advances.

Art. 28 means of payment and deposits gambling houses can not accept or issue cheques to the bearer.
They can accept the cheques in order of their institution and must ensure the identity of the shooter of the cheque when they are given. The transaction must be recorded.
The commission determines from which gains or refunds must be paid by cheque.
Gambling houses can keep the winnings of their customers in the form of deposits that they are at the disposal of the latter. They may not pay interest assets they have in deposit.

Art. 29 tips Tips for all the staff must be deposited in the containers provided for this purpose (trunk).
Only service personnel, including personnel of restaurants, hunters and doormen, can accept gratuities or other donations to an individual.

Art. 30 management report gambling houses submit annually their management report to the commission. This report will show the way in which they implement the program of security measures and the programme of social measures.

Art. 31 right of access and consultation of gambling houses are required to ensure that at all times the commission access to their facilities and to provide online links referred to in art. 48, al. 3, let. d. they must allow at any time to the prosecution authorities to consult the register of the exclusions.

Art. 32 obligation of secrecy bodies and employees of the gambling houses are subject to the obligation of secrecy.

Art. 33 advertising gambling houses must refrain from any excessive advertising.

Art. 34 application of the law on money laundering gambling houses are subject to the law of 10 October 1997 on money laundering.

SR 955.0 art. 35 certificate of earnings a gambling house certifies the gains to the authorities only on the following conditions: a. the authorities need this information to perform their legal duties; b. the gambling house was able to verify the origin of the bets and ensured that a gain was realized; c. the player expressly demanded, before leaving the House its gains are saved.

Section 4 accounts and review art. 36 law applicable the annual accounts and the management report of the gambling houses are governed by the provisions of the code of obligations on corporations and those of this Act, regardless of the legal form of the business. The federal Council may provide for exceptions.

RS 220 art. 37 Auditors gambling houses are control their accounts by an independent review body.
Reviewers must have specific professional qualifications provided for in art. 727b of the code of obligations, regardless of the balance sheet total, the realized turnover or the number of employees of the facility.
Report to the commission shall be the review body.

RS 220 art. 38 obligation to inform of gambling houses must hold their books and their supporting documentation available to the Auditors and provide it with all necessary information.

Art. 39 obligation to report if the review body finds, when checking accounts, violations of this Act, a criminal offence or other irregularities, he shall immediately inform the commission and the competent cantonal criminal prosecution authority.

Section 5 tax art. 40 principle the Confederation sees a tax on the gross proceeds of the games (gaming tax).
The gross product of the Games consists of the difference between the bets of the players and the gains that paid.

Art. 41 tax the federal Council fixed the rate of tax so that gambling houses managed according to the principles of sound management are getting a return on the capital invested.
It can apply a different rate to the two categories of gambling houses; These rates may be progressive.
Tax rates of at least 40% and 80% maximum.
During the first four years of operation of the gambling house, the federal Council may lower the rate of tax up to 20%. He sets this rate taking into account the economic situation of each home game. The rate is set annually for one or several gambling houses, according to the relevant components.

Art. 42 tax breaks the federal Council may reduce a quarter more than the tax rate under art. 41 for casinos if the profits of the gambling House are invested essentially in projects of general interest to the region, particularly to encourage cultural activities, or in projects of public utility.
It can reduce the rate of tax by a third at most if the casino is located in a region dependent on seasonal tourism.
In case of accumulation of the two grounds of reduction, it can reduce the rate of tax of at least half.

Art. 43 tax reduction in the case of a tax district of the same nature the federal Council reduced the taxes levied on the casinos if the canton of implantation takes a similarly tax nature.
The reduction corresponds to the tax charged by the canton, but should not represent more than 40% of the total tax on gambling coming back to Confederation on the gross proceeds of the games.

Art. 44 taxation and perception the commission proceeds to taxation and the tax collection. The federal Council shall regulate the procedure.
At the request of the canton, the Board may proceed to taxation and the perception of the cantonal tax on the gross proceeds of the games.

Art. 45 additional tax and repressive tax if it appears, on the basis of facts or evidence that the commission was unaware, that taxation is lacking or that a binding taxation was done incompletely, uncollected amounts, interest, are paid as additional tax. If an offence or a crime is responsible for the inadequacy of the tax, a repressive tax representing five times more than the amount of the additional tax is perceived and more.

If the gambling House indicated properly taxable amounts on his tax return and that the commission was aware of the basis for the assessment of the various elements, it is not perceived of additional tax.
The right to initiate a procedure for collecting of an additional tax goes out 10 years after the end of the fiscal period for which the tax has been lacking or for which binding taxation was done incompletely.
The opening of criminal proceedings referred to in art. 55 and 56 marks the beginning of the collection of the additional tax procedure. The right to levy an additional tax goes out 15 years after the expiry of the corresponding fiscal period.

Chapter 4 Federal Commission of gambling houses art. 46 composition the federal Council appoints the Board and appoints its Chairman. The commission comprises five members. At least a member of the commission is appointed by the federal Council on the proposal of the cantons.
Members must be independent experts. They may be neither members of the Board of Directors nor employees of a home game, a lottery company, a trade or manufacturing company specializes in games or close business.

Art. 47 organization the commission shall draw up regulations. It sets there including the terms of its organization and the powers of the president.
The organisational regulations is subject to the approval of the federal Council.
The commission has a permanent secretariat.

Art. 48 tasks the commission has oversight of gambling houses, ensures that the legal provisions are respected, and takes the decisions necessary for the application of the law.
In addition to the powers conferred on him by this Act, it has the following tasks: a. control the management and operation of gambling houses; b. ensure that the obligations of the law of 10 October 1997 on money laundering are met; c. ensure that the program of security measures and the programme of social measures are implemented.

To accomplish its tasks, the commission may: a. request the gambling houses, businesses manufacturing or trade of game and facilities of the auditing bodies of these institutions all information and documents necessary; b. appoint experts; c. give special mandates to the review body; d. establish links allowing control of the computing facilities of the gambling houses; online e. recourse to the federal court against decisions rendered by the Administrative Tribunal Federal in application of this law and its implementing provisions.

SR 955.0 introduced by section I 15 O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legislation to the provisions of the federal Court Act and the Act on the federal administrative court (RO 2006 5599; FF 2006 7351).

Art. 49 collaboration with the commission as well as the administrative authorities and authorities of the cantons and the Confederation prosecution authorities lend each other assistance and exchange the necessary information.

Art. 50 measures for this Act violations or irregularities, the commission ordered the measures necessary for the restoration of the legal order or the removal of the irregularity.
It may take interim measures, including suspending the concession for the duration of the investigation.
If the situation requires it, the secretariat may intervene in the operation of a gambling house; He shall so inform the commission forthwith.
If a binding decision is not respected despite a formal notice, the commission may: a. run automatically, at the expense of the gambling house, the measures that it had prescribed; (b) publish the refusal of home game to submit to a binding decision.

Art. 51 administrative sanction the holder of the concession of implantation or the concession to violated his profit to the dealership or to a decision having the force of res judicata is liable for the payment of an amount up to three times the gain of the fact of the violation. If no gain was realized or that the gain cannot be calculated or assessed, the amount to be paid can go up to 20% of the gross product of games made last year.
Violations are educated by the secretariat and considered by the commission.

Art. 52 annual report and statistical commission shall submit its activity report once a year to the federal Council. It publishes this report.
It publishes all or part of the accounts and balance sheets and other information about gambling in the form of a general statistic.

Art. 53 fees the commission collects from the gambling houses of fees intended to cover the costs of monitoring.
The Department concerned each year the amount of these fees on a proposal from the commission and on the basis of the previous year monitoring costs.
For its decisions, the commission collects fees intended to cover the costs incurred. It may require a pass.

Chapter 5...

Art. 54 Chapter 6 provisions criminal art. 55 crimes will be punished with imprisonment for a year at most, or to a fine of 1 million francs at most one which, intentionally: a. will open or operated a gambling house without being to the benefit of the concessions and permissions will be provided facilities or provided facilities for this purpose; b. has unduly obtained a concession or authorization by false information or in any other way; c. will have missed the duties of diligence provided for in this Act in the fight against money laundering; d. will shrink from gaming tax.

In serious cases, the punishment is imprisonment for five years or imprisonment for one year at least. This penalty may be subject to a fine of 2 million francs at most.
Whoever will negligence will be punished with a fine of 500,000 francs at most.

Art. 56 tickets will punished stops or a fine of 500,000 francs at most one that: a. will be organized or operated by business of gambling outside of a gambling house; b. has provided false information under the procedure of the concession or authorization or has unlawfully influenced the procedure in any other way; c. will be installed to exploit them, game systems or the slot machines to gambling which did not subject to a review, an assessment of compliance or approval; d. will have changed game systems or slot machines for gambling which have been the subject of a trial, an assessment of compliance or approval and will have installed in order to exploit; e. will have failed to provide the commission communicate information that was taken from him; f. has not complied with an order to the commission urging it to restore legal order or remove irregularities; g. will be allowed to play a person under a ban of game under art. 21; h. will have informed the persons concerned or a third party to a communication to the authorities monitoring or the existence of an investigation or prosecution authorities; i. will be caused, wrong indications or in any other way, wrong to a gambling house taxation.

The aura negligence will be punished with a fine of 250 000 francs at most.

Art. 57 relationship with the administrative criminal law the Federal law of March 22, 1974 on administrative penal law is applicable. The prosecuting authority is the secretariat; the authority of judgment is the commission.
The prosecution of offences prescribed by five years.

RS 313.0 Chapter 7 provisions final art. 58 execution the federal Council shall issue implementing provisions.

Art. 59 the first concessions award procedure the federal Council enacts provisions relating to the award of the first procedure.

Art. 60 period of exploitation of the slot machines for games of skill already exploited the slot machines for games of skill approved according to the current practice which are considered to be devices for gambling in the sense of the new legislation can now more be exploited only in casinos and casinos.
Apart from the aforementioned institutions, cantons may allow, within a period of five years from the entry into force of the present law, the continuation of the operation of a maximum of five of the devices referred to in para. 1 in restaurants and other premises as long as these devices have been put into operation by November 1, 1997.
After the expiry of this period, only the used slot machines games of skill within the meaning of this Act can still be used in restaurants and other local.

Art. 61 provisional concessions the kursaals holders of a cantonal operating permit of the game of ball duly approved by the federal Council are set for the benefit of a provisional concession of type B to continue the operation of the games they offered previously. This concession creates no acquired right.

The kursaals mentioned in para. 1 who wish to continue their operation are required to apply for a concession B within the period of one year from the entry into force of this Act. Their provisional concession is valid until the authority has made a decision on the application for a final concession.
When no application for grant of type B is filed within the period specified in para. 2, the provisional concession goes off after one year from the entry into force of this Act.

Art. 62 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Schedule repeal and amendment of existing law repeal of current law the Federal law of October 5, 1929 on the gambling houses and the Ordinance of 1 March 1929 for the operation of the games in the kursaals are repealed.

Change in the law in force 1. Federal Act of 20 December 1946 on old-age insurance and survivantsest amended as follows: art. 103, al. 1

2. the Federal law of 14 December 1990 on tax federaldirect is modified as follows: art. 24, let. i

3. the Federal law of 14 December 1990 on the harmonisation of direct taxes of the cantons and of the communesest amended as follows: art. 7, al. 4, let. l

4. the Act of 10 October 1997 on argentest laundering as follows: art. 2, al. 2, let. e

5. the code of the obligationsest amended as follows: art. 515a...

[RS 10 270]
[RS 10 273; RO 1959 236, 1972 1615, 1977 1463] RS 831.10 RS 642.11. The below change is inserted in the Act.
RS 642.14. The below change is inserted in the Act.
SR 955.0. The below change is inserted in the Act.
RS 220. The below mentioned amendment is inserted into the code.

State on December 27, 2006

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