171

 

THE ACT

 

of March 16, 2005

 

on Gambling Games and on Amendment and Supplement to Some Acts

 

 


      The National Council of the Slovak Republic has adopted a resolution on the following Act:

 

Article I

PART I
GENERAL PROVISIONS

 

Section 1

The Subject and Purpose of the Act

 

(1) This Act amends

a)   the conditions for the operation of gambling games,

b)   the rights and duties of the operators of gambling games and gamblers,

c)   the conditions for the use of technical equipment designated for the operation of gambling games,

d)   some conditions of the establishment and activity of
the National Lottery Company,

e)   the engagement of the public administration and municipality bodies in the field of gambling games,

f)    supervision over the operation of gambling games.

(2) The purpose of this Act is in the public interest to create the conditions for the protection of public order during the operation of gambling games and securing community compensation of risks ensuing the operation of gambling games and participation in them.

 

Section 2

Definition of Terms

 

For the purpose of this Act

a)   the operator of a gambling game is understood as a legal person that was granted an individual license in accordance with this Act by a relevant body of the public administration or municipality, or a legal person that fulfilled the conditions of
a general license issued by the Ministry of Finance of
the Slovak Republic (hereinafter referred to as the “Ministry”) and handed in a notification according to Section 19,

b)   the operation of a gambling game is understood as the execution or contractual securing of execution of activities needful for
the realization of a gambling game according to the game plan, and that is always in the currency of the operator of a gambling game,

c)   the game plan is understood as a set of rules including the rules of a gambling game, the rules and the manner of stake taking and their amount, the rules and the manner of making a bet, if determination of a bet is also the essence of a gambling game,
a number of lots and price of one lot, if they will be issued,
the possibilities of a return of a contribution, the rules, deadlines and the manner of payout of the winning, a Complaint Code and other requirements specified in this Act; a Complaint Code is understood as a set of rules determining the conditions of

lodging a complaint including the manner and deadline for lodging a complaint,

d)   the rules of a gambling game are understood as the conditions of participation in a gambling game, the manner of determination of the result of a gambling game, the winners, the winning and its amount,

e)   a gambler is understood as a natural person that fulfilled the conditions of participation in a gambling game,

f)    a license is understood as a General License and Individual License, unless in individual provisions of this Act there are stated only a general license or only an individual license, possibly individual licenses for the operation of individual types of gambling games,

g)   a bet is understood as a value determined by a gambler, which will be compared with the value determining the result of
a gambling game,

h)   a stake is understood as a payment of cash or provision of another asset value that is needed for a gambler to take part in a gambling game,

i)    prize principal is understood as a sum meant for a payout of prizes, which will be allotted to winning gamblers according to a gambling game rules,

j)    a winning is understood as a result of one gambling game, on the basis of which a gamblers is entitled to a payout of funds or other asset values,

k)   a premium game is understood as a part of a gambling game, in which it is played for jackpot, which is made of the parts of the gamblers’ stakes according to the conditions determined in the game plan, whereas jackpot is one of possible winnings that will be obtained by a gambler according to the conditions determined in the game plan,

l)    a state lottery is understood as a gambling game that is made of numerical lotteries, especially bingo and gambling games operated by means of the Internet

m)  an applicant is understood as a legal person that submitted an application for granting an individual license,

n)   a financial security is understood as the sum stipulated by this Act, with which an applicant and the operator must have at their disposal only in accordance with this Act,

o)   a gambling house is understood as a room or set of rooms constructionally connected with each other and interconnected, purpose fitted and set up for the operation of gambling games, where it is gambled especially on gambling machines or technical equipment operated directly by gamblers; a gambling house must be situated in an isolated area,

p)   multiple gambling is understood as a gambling game implementation method, in which gamblers have apart from
a single possible winning still a possibility of further winning,

q)   casino is understood as a gambling house where board games, possibly gambling machines and gambling games are operated by means of technical equipment operated directly by gamblers in a casino.


Section 3

Gambling Games

 

      (1) Gambling games are the games in which a gambler may obtain a winning in cash, material prize, or prize in rights, if he fulfils the conditions prescribed by the game plan beforehand.
A result of a gambling game depends solely or largely on luck or
a previously unknown result of a certain circumstance or incident.
The result of a circumstance or incident that determines the result of a gambling game must not be known to anyone beforehand and must not be tamperable by anyone and must not be at variance with the rules of a gambling game.

(2) Gambling games are

a)   lottery games,

b)   casino gambling games,

c)   bet games,

d)   gambling games operated by means of gambling machines,

e)   gambling games operated by means of technical equipment operated directly by gamblers or operated by means of telecommunication equipment, and video games,

f)    gambling games operated by means of the Internet,

g)   games that are not gambling games according to letters
a) to f), if they fulfil the conditions stipulated in Paragraph 1.

(3) Gambling games may be operated only on the basis of
a license issued or granted according to this Act and under conditions stipulated by this Act.

 

(4) Gambling games are not considered to be

a)   sports competitions with prizes for participants,

b)   games of a relaxation or sport character, even if a stake is necessary for participation in them, which is not refundable if the participant loses,

c)   entertaining games with material prizes by means of a gambling device, if the stake does not exceed the sum of SKK 10,

d)   games by means of a gambling device in which a winning is another game on the same gambling device,

e)   quizzes based on answers to questions or proving knowledge and skill, if the result is determined primarily on the basis of proving knowledge and skill,

f)    other games and raffles, if the gambling principal does not exceed the sum of SKK 50,000.

(5) Also promotional contests that are not an independent business activity and serve only for sales promotion of goods and services and during a payment of which a stake is not the condition according to this Act are not considered to be gambling games. Promotional contests are understood as contests, games, inquiries and other campaigns, in which the participants selected by random sampling obtain winnings and during which the purchase of certain goods, service or other fulfilment and a proof of this purchase to the organizer of the promotional contest or conclusion of a contractual relation with the provider of winnings to the promotional contest or participation on the promotional or advertising campaign is the condition for participation, and that is also indirectly through another person. The payments made for the purposes of obtaining the fulfilment from the organizer of the promotional contest or provider of winnings to promotional contest are not according to this Act considered to be stakes.


      (6) Games that do not guarantee equal conditions to all gamblers including the possibility of winning, especially pyramid games or chain games, are prohibited.

(7) The operation of foreign gambling games on the territory of the Slovak Republic is prohibited. Also individual sale of lots, taking bets and payout of winnings, including mediation of such activities, in gambling games according to Paragraph 2, the operator of which is a foreign entity and during which the stakes are paid abroad, are prohibited on the territory of the Slovak Republic.

 

Section 4

Lottery Games

 

(1) Lottery games are gambling games, during which the winnings are announced and allotted according to the rules stipulated by the game plan beforehand, whereas a winning is a consequence of

a)   guessing a certain number, several numbers, combination of numbers, numerical order, symbol, picture (hereinafter referred to as “number”) or

b)   acquisition of a voucher, coupon, ticket, or other document, which contain a value, which will be compared with a value determining a result of a gambling game, and acquisition of which is a condition of participation in
a gambling game in accordance with the conditions of
a gambling game (hereinafter referred to as “lot”).

(2) The value determining a result of a lottery game is set by a random determination of a number or lot (hereinafter referred to as

”drawing of lots”).

(3) Lottery games are especially

a)   draw lotteries,

b)   raffles,

c)   numerical lotteries,

d)   bingo,

e)   instant lotteries.

      (4) Draw lotteries are lottery games in which the operator of a gambling game issues the number of lots with serial numbers stipulated by the game plan and which enables
a multilevel game.
A multilevel game is understood as such manner of implementation of a gambling game, in which gamblers have apart from one possible winning also
a possibility of further winning.
If lots are allotted to several series, each series must contain identical numbers of lots and each lot must be marked besides a serial number also by the specification of a series. The selling price of each draw lottery lot must be identical in all series. All issued lots are included in the drawing of lots.

(5) Draw lotteries are divided according to the subject of winning especially to draw pecuniary lotteries, draw pecuniary-.in-kind lotteries and draw in-kind lotteries

(6) Raffles are lottery games, in which only sold lots are included in the draw. Winnings from raffles are drawn publicly according to the previously determined and declared rules, whereas a winner is a gambler that holds a lot with a number or another designation identical with a drawn number or another designation of a lot. The lots are sold and winnings from raffles are announced and issued on the day and in the place of drawing of lots.

 

(7) Numerical lotteries are lottery games, in which


the operator of a gambling game is obliged to provide a gambler with a winning stipulated according to the rules stated in the game plan, if he submits a certificate of stake on a bet made, whereas these rules determine a winner according to the fact, whether the bet corresponds with drawn numbers from a limited number of publicly drawn numbers. During numerical lotteries neither the number of gamblers nor amount of gambling principal is determined beforehand. The winning is calculated according to the number of winners and aggregate amount of stakes by a proportion previously determined by the game plan, possibly it is determined by a stake multiple. One gambler can also make more bets, whereas also the stake amount that must be paid increases with the number of bets.

(8) Numerical lotteries are especially lotto, beano, and complementary game, whereas

a)   lotto is a numerical lottery, in which the prize is calculated according to number of winner and aggregate amount of stakes by a proportion previously determined by the game plan, total sum appointed for winnings is allotted in more sequences and all winnings of that identical sequence must be of the same amount,

b)   Beano is a numerical lottery, in which the winning is determined by a stake multiple according to the rules stated in the game plan,

c)   Complementary game is a numerical lottery, which may be operated only together with another numerical lottery, in
a public drawing of lots one winning number is drawn and the winners are those gamblers that have a completely or partially identical number on a lot, the total sum appointed for winnings is allotted in more sequences and all winnings of identical sequence must be of the same amount.

(9) Bingo is a lottery game operated in gambling houses, in which previously non-determined number of lots is drawn from
a closed numerical sequence whereby the gamblers and gambling principal amount are not determined beforehand. The amount of individual winnings is determined according to aggregate amount of stakes, prize principal, type of prize of bingo category and results of drawing of lots. Special bingo is a specific type of bingo. Special bingo is a bingo, in which the stakes are taken and winnings are paid out in the collection points. The drawing of lots and the entire course of a special bingo is realized centrally in one place, whereas its course and results are generally released by mass media means.

(10) Instant lotteries are lottery games in which a gambler finds out a possible winning after the purchase of a lot by rubbing down its marked, covered part. The lots must be marked with a serial number and the number of a series.

 

Section 5

Casino Gambling Games

 

(1) Casino gambling games are board games, during which the gamblers play against the casino representative or against each other on gambling tables; board games are especially roulette, card games and dice games. Casino gambling games are also gambling games operated by means of technical equipment operated directly by gamblers and by means of gambling machines.

 

(2) Roulette is a casino gambling game during which, by determination of numerical combinations, symbols or other signs
a position in which a ball thrown into a mechanically rotating device stops. The winning is calculated from the amount of stakes and winning proportion according to the rules determined in the game plan beforehand.

(3) Card games and dice games are casino gambling games, during which the winner or the amount of the winning is determined on the basis of the dealt cards symbols or achieved number of points on dice, or a combination of values on dice.

 

Section 6

Bet Games

 

(1) Bet games are gambling games, in which the winning depends on guessing a result of a sports betting event or non-sports betting event or related circumstance. Sports betting event is sports competition, races, horse racing. Non-sports betting event is a social, political or another event of a public interest, if it good manners are not contradicted. Betting event can have at least two different results, which are not impacted in any way by the operator of a bet game.

(2) Bet games are especially totalizator, exchange bets and horse racing bets.

(3) Totalizator is a bet game in which the winning amount depends on the number of winners to the total amount of stakes ratio and previously determined proportion of winnings. Total sum appointed for winnings is allotted in more sequences; all winnings of the same sequence must be equally high.

(4) Exchange bets are bet games, in which the winning amount depends on a winning ratio and stake amount; the winning ratio is understood as an exchange rate, in which a bet was taken.

(5) Horse racing bets are bet games, in which the winning depends on guessing a sequence in performance tests of racing race horses and the winning amount depends on the number of winners to the total amount of stakes ratio in a previously determined proportion of winnings and on the winning to stake amount ratio.

 

Section 7

Gambling Games Operated
by Means of Gambling Machines

 

Gambling games operated by means of gambling machines are gambling games, during the operation of which gambling machines are used. A gambling machine is electronically, electronic-mechanically or mechanically controlled device and makes a compact, functionally indivisible and program-controlled technical equipment with the control meant for one gambler only, which enables to obtain a winning according to the conditions stipulated by this Act. If a gambling machine has software enabling a simultaneous game in more gambling points and these gambling points can function independently and separately from each other, then each such point is regarded as an independent gambling machine.


 


 

Section 8

Gambling Games Operated by Means of Technical Equipment Operated Directly by Gamblers or Operated by Means of Telecommunication Equipment and the Operation of Video Games

 

(1) During gambling games operated by means of technical equipment, operated directly by gamblers or operated by means of telecommunication equipment1) or during the operation of video games the number of gamblers is not determined beforehand and neither is the amount of stakes known beforehand; the winning is calculated from the amount of stakes or according to the conditions determined in the game plan.

 

(2) Technical equipment operated directly by a gambler- is such equipment that has at least three gambling points and enables such maximum number of gamblers to play a game, which is equal to the number of gambling points interconnected with a scoring unit. Gambling points are found in the same place as the scoring unit, they are connected with it continuously and it is not possible to use it separately. All gamblers of a gambling game operated on single technical equipment operated directly by a gambler, always play the same gambling game.

(3) Gambling games operated by means of telecommunication equipment are gambling games in which the use of telecommunication equipment, determined in the game plan, is the condition for participation. The stake is charged through a payment remitted by a gambler to the operator of telecommunication equipment.

(4) Video game is a gambling game in which gamblers are connected by terminal by means of electronic communication networks2) to a central computer system of a gambling game operator. Each gambler plays a specific gambling game and gamblers can not play gambling games against each other. In the event of disconnection from the central computer system of a gambling game operator, the terminal is not functional.

 

Section 9

Gambling Games Operated by Means of the Internet

 

      Gambling games operated by means of the Internet are gambling games, in which a gambler participates through connection to the Internet to the game server of the operator of
a gambling game or a subject authorized by him, on which game systems are placed in software way, through which a gambling game is operated, whereas a gambler always plays against this game system. The transmission
and collection of data and information connected with the operation of gambling games realized by means of the Internet is not considered to be a gambling game by means of the Internet.

 

 

 

 

 

 

 


c) Tax Offices.

 

(2) The Ministry

a)   exercises control according to a special regulation3) over observance of this Act and other generally binding legal regulations by force of the Tax Directorate of the Slovak Republic, Tax Offices, municipalities of the Slovak Republic and authorized testing laboratories according to Section 30 Para. 5,

b)   can exercise supervision over observance of this Act, other generally binding legal regulations and conditions determined in the license granted or issued according to this Act by the Ministry or municipality,

c)   coordinates the Tax Directorate of the Slovak Republic methodically, Tax Offices and municipalities in the field of exercising supervision,

d)   issues a General License and decides on granting an Individual License, as it is stipulated by this Act,

e)   decides on issuance of authorization for professional examination with the statement of its extent,

f)    issues authorizations for execution of an inspection for an authorized testing laboratory, if technical inspection is a part of supervision.

 

(3) The Tax Directorate of the Slovak Republic

a)   creates, maintains and operates a tax information system in the field of the operation of gambling games,

b)   keeps a central register of the operators of gambling games,

c)   updates the database and provides information to the Ministry,

d)   methodically coordinates the Tax Offices during the operation of the tax information system in the field of gambling games,

e)   decides as the most superior body in the relation to Tax Offices in the administrative action according to a special regulation,4) in case of fines imposed to the operators of gambling games by them, within the extent of this Act.

 

(4) Tax Office

a)   exercises supervision over observance of this Act, other generally binding legal regulations and conditions determined in the license granted or issued according to this Act by the Ministry and it is a second degree body of appeal for municipalities in the matters

 


1) Section 3 Par. 1 of Act No. 610/2003 Coll., on electronic communication.

2) Section 4 Par. 1 of Act No. 610/2003 Coll.,

3) The National Council of the Slovak Republic Act No. 18/1996 of Coll., on the control of the public administration as amended.

4) Act No. 71/1967 Coll., on administrative proceedings (administrative order) as amended.

 



      of individual licenses granted for the operation of gambling machines,

b)   executes an administration of levies to the state budget,

c)   can execute supervision over observance of this Act, other generally binding legal regulations and conditions determined in an individual license granted according to this Act by municipality; Tax Office shall write a report on the result of supervision and will send it to the municipality and the operator of a gambling game.

 

(5) Municipality

a)   exercises supervision over observance of this Act, other generally binding legal regulations and conditions determined in an individual license granted according to this Act by the municipality,

b)   executes administration of levies to the municipality budget,

c)   decides on granting an individual license, if it is thus stipulated by this Act.

 

CHAPTER TWO

SUPERVISION

Section 11

Authorization and Duties of the

Supervisory Body Employees

 

(1) Employees of the subjects authorized to exercise supervision according to Section 10 (hereinafter referred to as “supervisory body”) are during the exercise of supervision authorized to

a)   enter a registered office of the operator of a gambling game and a gambling house, real estate land and other objects or premises that are connected with the operation of gambling games within the range inevitably necessary for the purposes of a supervision exercise,

b)   request from a subject under supervision provision of originals of documents in a specified period, other papers, statements and information including technical data mediums necessary for the exercise of supervision,

c)   secure documents, possibly a gambling machine, technical equipment, other devices or systems in well-founded cases according to Section 30 Par. 2 and withdraw them in order to secure evidence and other tasks connected with supervision,

d)   require cooperation from a subject under supervision necessary for the exercise of supervision, if the purpose of supervision cannot be achieved otherwise,

e)   invite the employees of an authorized testing laboratory, if technical inspection is also a part of supervision; the employees of an authorized testing laboratory are obligated to take part in this inspection.

(2) The employees of the supervisory body are during the exercise of supervision obliged to

a)   prove their identity by authorization for exercise of supervision, whereas the employees of the Ministry prove their identity by authorization from the Finance Minister of the Slovak Republic, the employees of Tax Offices prove their identity by a service card warranting for exercise of supervision, the employees of Municipality prove their identity by authorization from the municipality Mayor,


b)   issue a confirmation on withdrawal of the document originals, other papers, statements, information including technical data mediums, equipment and to secure their due protection from loss, damage and, misuse to the subject under supervision; if these documents or items are not necessary for further exercise of supervision, they are obligated to return them to the one from whom they were withdrawn and issue a confirmation of their return,

c)   notify the subject under supervision on the result of supervision within a necessary extent and request from him
a statement on all actual facts,

d)   elaborate a report on the supervision result (hereinafter referred to as ”report”), which must contain

1.   the name and the registration office of a supervisory body and first name and surname of a natural person that performed supervision,

2.   the name or business name of a subject under supervision, if it is a legal person, or the first name and surname of
a subject under supervision, if it is a natural person,

3.   the place, date and the time of the supervision exercise,

4.   the period under supervision,

5.   the subject of supervision,

6.   established findings,

7.   the first name and surname and signatures of a natural person, who elaborated the report, and statutory representatives and possibly authorized employees of the subject under supervision,

8.   The date of report elaboration,

e)   negotiate the report with a subject under supervision; if
a subject under supervision refuses to sign the report, it is regarded as settled and this fact shall be stated by an employee of the supervisory body in the report,

f)    hand in the report to the subject under supervision,

g)   draw up a record in case of searching activity, which must contain the requirements stated in letter d) apart from signatures of the statutory representatives possibly, authorized employees of the subject under supervision,

h)   report a suspicion of a crime to the bodies engaged in criminal proceedings and other facts to the bodies that are relevant according to special regulations.5)

 

Section 12

Subjects under Supervision

The subjects under supervision according to this Act are

a)   the operators of gambling games,

b)   natural persons authorized to conduct business and legal persons that share in the operation of gambling games or on the basis of a contractual or similar relation perform activities for the operator of a gambling game,

c)   natural persons that on the basis of an employment relationship, similar legal relation or other contractual relation with the operator of a gambling game perform activities during the operation of gambling games,

d)   natural persons and legal persons that operate gambling games without a license according to this Act.


 

 

 

5)  For instance, the Code of Criminal Procedure, Act of the Slovak National Council No. 372/1990 Coll., on offences as amended, Act of the Slovak National Council
No. 511/1992 Coll., on administration of taxes and fees and on changes in the system of territorial financial bodies as amended, Act No. 367/2000 Coll., on protection from legalization of income from criminal activity and on amendment and supplement to some Acts as amended.

 


Section 13

The Rights and Duties of the Subject under Supervision

 

(1) A subject under supervision is entitled apart from the rights stated in a special Act3)

a)   to be present in person or through a plenipotentiary during the exercise of supervision,

b)   to express himself in writing in the course of the exercise of supervision to all found facts,

c)   to express himself in writing to the report containing the findings of the supervisory body within ten days from the delivery at the latest; these statements form a component of the report.

 

(2) The subject under supervision is obliged to

a)   create suitable material and technical conditions for the exercise of supervision and provide cooperation within an extent inevitable for the purpose of the supervision exercise,

b)   turn up at report negotiations upon request of the supervisory body,

c)   take measures to remove found shortcomings and causes of their occurrence in a specified period and to present to the supervisory body a list of these measures,

d)   to present to the supervisory body in a stipulated period a written report on the fulfilment of measures accepted for the removal of found shortcomings).

 

Section 14

Confidentiality

 

(1) The employees of the supervisory body are obliged to maintain confidentiality on the facts that they discovered during performance of their activity. This obligation continues even after the termination of an employment relation or performance of activity.

 

(2) Provisions of a special regulation are not effected by the provision of Paragraph 1.6)

(3) The persons according to Paragraph 1 may be relieved of an obligation to confidentiality by the head of the supervisory body.

(4) Infringement of confidentiality is not regarded to be
a notification or making a subject of confidentiality available to

a)   another supervisory body or another employee of the same body for the purpose of the exercise of supervision,

b)   to the bodies relevant according to this Act to decide on remedial instruments for the purposes of decision-making on remedial instruments,

c)   the Ministry for the purposes of the fulfilment of tasks according to this Act or special regulations,7)

d)   the bodies effective in the criminal proceedings, criminal police service and financial police service of the Police Force on the basis of special regulations,8)

e)   the bodies authorized to perform control activities


      of Tax Offices, municipalities and the Ministry or its Supreme body or body of appeal according to a special regulation9) for the purposes of control and in connection with exercise of their effect,

f)    the Court for the purpose of court proceedings,10)

g)   a legal person established by the Ministry for processing information with the aid of computer technology,

h)   The Ministry of Land Economy of the Slovak Republic for the purposes of report on the results of supervision in the operators of horse racing bets,

i)    the representative authorized to represent the supervisory body in the proceedings before the Court,

j)    an authorized testing laboratory in case it carries out
a technical inspection or assessment of the device upon request or for the purposes of the supervisory body, the Ministry or bodies stated in letter d).

(5) Infringement of confidentiality is not regarded to be
a notification or making a subject of confidentiality available with the written consent of this subject under supervision that a subject of confidentiality applies to.

 

Section 15

Termination of Supervision

 

Supervision is terminated as of the day of report negotiations with the subject under supervision.

 

CHAPTER THREE

LICENSES

 

Section 16

 

Licenses according to this Act are:

5.   a license for the operation of gambling games by means of technical equipment operated directly by gamblers or operated by means of telecommunication equipment and operation of video games,

6.   a license for the operation of gambling games by means of the Internet,

7.   a license for the operation of state lottery,

8.   a license for the operation of gambling games according to Section 3 Par. 2 letter g),


 

6)       Act No. 211/2000 Coll., on free access to information and on amendment and supplement of some Acts (The Act on freedom of information)

7)       For instance, Act No. 150/2001 Coll., on tax bodies and by which Act No. 440/2000 Coll., on administration of financial control is amended and supplemented as amended by Act No. 182/2002 Coll., Act No. 152/1998 Coll., on complaints.

8)       The Code of Criminal Procedure, as amended

          Act of the National Council of the Slovak Republic No.171/1993 on Police Forces as amended.

9)       Act of the National Council of the Slovak Republic No. 39/1993 Coll., on the Highest Auditing Body of the Slovak Republic as amended.

          Act No. 575/2001 Coll., on organization of activities of the Government and organization of the central public administration, as amended.              
          Act of the National Council of the Slovak Republic No. 10/1996 Coll. of Act as amended.

10)     For instance, the Civil Rules of the Court as amended, Act No. 328/1991 Coll., on bankruptcy and settlement, as amended, Section 8 of Act No. 65/2001 Coll.. on administration and recovery of court debts.

 


Section 17

 

(1) A license may be granted or issued only to a legal person with a registered office on the territory of the Slovak Republic. If legal persons with foreign property participation are concerned,
a license may be granted or issued only to a legal person with foreign property participation with the registered office or permanent residence in a member state of the European Union or
a member state of the Organization for Economic
Cooperation and Development.

(2) A license may be granted or issued also for an established legal person prior to its entry in the Trade Register or similar public register, if it fulfils the conditions stipulated by this Act for granting and issuance of license. A license is valid as from the day of this legal person’s entry in the Trade Register or similar public register. If a legal person does not submit a proposal for entry in the Trade Register or similar public register within 90 days from accepting
a resolution on granting an individual license or as from the day of publication a general license or if the registered court or other relevant body does not enter a legal person in the Trade Register or similar public register, a legal person must return a license to the body that granted or issued a license.

(3) A license may not be transferred to another person, and that is not even as a component of the enterprise during transferring an enterprise or its part, and the license does not pass to a legal successor in title in the event of fusion, merger, possible split of the operator of a gambling game.

(4) The conditions for granting or issuing a license must be fulfilled throughout the whole period of license validity.

 

Section 18

General License

 

(1) Draw in-take lotteries and raffles may be operated on the basis of a general license issued by the Ministry and after meeting the obligation to report according to Section 19. In the general license the Ministry will determine conditions for the operation of draw in-take lotteries and raffles.

(2) The Ministry shall issue the general license for a number of legal persons not determined beforehand according to Section 17 Par. 1 and 2, which after the fulfilment of the conditions specified therein, may operate a gambling game for which this license is issued. General license is issued for an indefinite period.

(3) The conditions stated in the general license are especially

a)   game plan prerequisites,

b)   the method and period of payment for a financial security according to amily:"Times New Roman";color:black; mso-ansi-language:EN-GB;mso-fareast-language:SK;mso-bidi-language:AR-SA; layout-grid-mode:line'>

h)   prerequisites of a drawing in-take lottery and raffle notification.

(4) The conditions specified in the general license must correspond to the nature of a gambling game that the general license is issued for; they have to be adequate, transparent and must not disadvantage persons interested in the operation of gambling games on the basis of general license.

(5) The Ministry shall make a draft of the general license public in the manner according to a special regulation, at least
90 days before its expected declaration together with a call for submission of comments and information on where and in what deadline they may be applied to the draft of the general license; this deadline must not be shorter than 30 days as from the day of the release of this draft. The Ministry shall release the evaluation of comments to the draft of the general license in the manner according to a special regulation.

(6) The Ministry shall declare the general license by release in the Financial Bulletin of the Ministry. A general license shall come to force as of the day of its release, unless a latter date of coming to force is stated.

(7) Paragraphs 5 and 6 shall be applied adequately also when amending or rescinding the general license.

(8) In the case of amendment and rescinding of the general license, the operators of gambling games that fulfilled
the obligation to report according to Section 19, terminate
the operation of a draw in-take lottery and raffle according to
the original general license.

 

Section 19

Obligation to Report

 

(1) A legal person that wishes to operate a draw in-take lottery or raffle is obliged to report on this intention to a locally relevant Tax Office 15 days before the initiation of their operation at the latest, unless a longer deadline is specified in the general license.

 

(2) The report must be in writing and it shall contain

a)   the name or business name, registered office, legal form and information on the entry of a legal person in the Trade Register according to Paragraph 1, if such entry is requested for origination of a legal person, identification number of
a legal person according to Paragraph 1, if it was
assigned,

b)   the first name and surname of a natural person or natural persons authorized to act on behalf of a legal person according to Paragraph 1,

c)   game plan of a gambling game,

d)   the date of beginning and termination of the operation of
a gambling game,

e)   the levy amount, if it is possible to assess before the beginning of the operation of a gambling game,

f)    further details that are determined by the general license.

(3) The Tax Office shall on the basis of delivery of a full report according to Paragraph 1 register a legal person to the register of the operators of gambling games on the basis of the general license. If the report is incomplete, the Tax Office shall according to Paragraph 1 call on a legal person to complete it within ten days from the delivery of such report at the latest,


 


 


whereas it shall determine a deadline, which must not be shorter than five days. The Tax Office, to which a legal person according to Paragraph 1 delivered a full report, shall confirm to this person the fulfilment of the obligation to report within seven days from the day of delivery.

(4) The operation of a gambling game by a legal person according to Paragraph 1 without delivery of the report within the specified deadline or without completion of an incomplete report is considered as the operation of a gambling game without license.

(5) The Tax Directorate shall submit to the Ministry as to
30 April and 30 October a list of legal persons according to Paragraph 1 recorded to the register of the operators of gambling games on the basis of the general license for a period of the previous six months. The Tax Directorate of the Slovak Republic shall state in this list, the name possibly business name, registered office and identification number of the operator of a gambling game, as well as the amount of levy, if it is already known. The Ministry releases the list of operators of gambling games on the basis of the general license on the Internet.

 

An Application for Granting an Individual License

Section 20

 

(1) An application for granting an Individual License may be filed only by a joint-stock company or limited-liability company, if the application is filed by a joint-stock company, its shares must be issued as registered shares.

(2) The share capital of an applicant must be at minimum

a)   SKK 1,000,000 in draw pecuniary lotteries,

b)   SKK 1,000,000 in instant lotteries,

c)   SKK 2,000,000 in bingo games apart from a special bingo,

d)   SKK 2,000,000 in gambling games operated by means of gambling machines,

e)   SKK 100,000,000 in bet games,

f)   SKK 10,000,000 in gambling games operated by means of technical equipment operated directly by gamblers and in gambling games operated by means of telecommunication equipment and in the operation of video games,

g)   SKK 50,000,000 in casino gambling games.

(3) The share capital must be paid-up only by a monetary deposit and must be paid-up on the day of filing of an application for granting Individual License at the latest.

(4) An applicant shall state in the application for granting an Individual License

a)   the business name and registered office,

b)   identification number if it was already assigned to the applicant,

c)   the amount of the share capital,

d)   a list of partners or shareholders, possibly allottees, in which there has to be quoted

1.  the business name, registered office, identification number or first name, surname, permanent residence and birth number of the partner or shareholder, possibly allottee or the date of birth, if the birth number was not assigned,

2.  the number and total nominal value of shares that are owned by a shareholder, possibly the number and total nominal-


      value of shares that have been allotted by an allottee, or the amount of the partner’s deposit and amount of his business share,

3.   the details on voting rights of the shareholder or partner,

e)   information on voting rights of the shareholder or partner, who has more than 10 % of voting rights in other legal persons including legal persons with the registered office outside the territory of the Slovak Republic, and the details on owners of such shareholder possibly allottee or partner,

f)    the first names, surnames and birth numbers, or the date of birth if a birth number was not assigned, of members of the board, supervisory board, if it is established, executive heads, procurators and natural persons responsible for internal control,

g)   the first name, surname and birth number, or the date of birth if a birth number was not assigned, of a professional competent natural person holding an office of a statutory body or a member of a statutory body that will be responsible for the operation of a gambling game,

h)   regional extent of the operation and location of a gambling game,

i)    description of technical equipment, device used during the operation of video games or telecommunication equipment for the operation of a gambling game,

j)    description of other equipment and systems specified in Section 30 Par. 2, if they will be used during the operation of a gambling game,

k)   a period during which a gambling game will be operated and the estimated date of the beginning of the operation of
a gambling game.

 

(5) An applicant must prove

a)   the payment of the share capital and financial security in the full amount by enclosing account statements with the bank or
a branch of a foreign bank,

b)   a well-arranged, credible and legal origin of the share capital and financial means presenting the financial security, and that is by quoting the facts on the origin of the share capital and these financial means,

c)   professional competence of natural persons responsible for the operation of a gambling game, and that is by enclosing a professional curriculum vitae with the summary of special working experience and completion of vocational training and short-term attachments including statutory declarations that the data in a curriculum vitae are true, whereas these persons signatures on statutory declarations must be officially certified,

d)   material-technical securing of the operation of a gambling game including securing electronic data transmission through a safe communication, if it will be used during the operation of a gambling game,

e)   the number of employees and number of subjects with which the applicant will cooperate during the operation of a gambling game.

(6) An applicant shall enclose to the application for granting an individual license

a)   an extract from the Trade Register, no older than three months from the day of filing an application for granting an individual license, if it concerns only the established companies, articles of partnership or establishment deed,


 



b)   statutes,

c)   a draft of an organizational structure of an applicant,

d)   a draft of a business-financial concerning the operation of
a gambling game, which must contain especially

1.  the expected extent of the operation of a gambling game in terms of the volume of gained proceeds and possibilities of expansion in terms of financial, personnel and organizational possibilities of an applicant in the first three years,

2.  the estimated expenditure expended for the operation of
a gambling game,

3.  the estimated financial sources that will be inevitable to expend during the operation of a gambling game, and the method of their acquisition,

4.  the expected extent of liabilities arising in connection with the operation of a gambling game,

e)   a written declaration of partners or shareholders, possibly their allottees, that their property was not declared bankrupt or proposal for bankruptcy was refused for lack of property,

f)    the documents proving the integrity of natural persons responsible for the operation of a gambling game and natural persons that are members of a statutory body or are a statutory body,

g)   the game plan in such form, so that it could be after its approval placed in the places of the operation of a gambling game, possibly was available to gamblers in other way,

h)   a declaration of an applicant on undertaking the measures, so that persons younger than 18 years could not take part in
a gambling game,

i)    a document of the payment for administrative fee according to
a special regulation,11)

j)    a statement of account with the bank or a branch of a foreign bank or other confirmation, through which an applicant will prove that he paid the sum equivalent to the amount of
a financial security, and a confirmation on the fulfilment of the obligation according to Section 36 Par. 2,

k)   the documents on professional assessment of the equipment and system quoted in Section 30 Par. 2 that will be used during the operation of gambling games,

l)    a certification of a locally relevant Tax Office according to applicant’s registered office, that an applicant has no arrears of payment registered with the tax administrator.

(7) If the documents quoted in Paragraph 5 and Paragraph 6 letters b), c) and d) have been already submitted to the Ministry or municipality in other proceedings, the declaration on the fact that no changes occurred will be sufficient, whereas an applicant shall specify, in which proceedings these documents were submitted.

(8) A professionally competent natural person is considered to be a natural person that has a complete secondary education, unless this Act stipulates otherwise.

(9) A respectable person is for the purposes of this Act considered to be someone, who has not been finally convicted of

a)   an economic criminal offence, criminal offence against order in public matters or criminal offence against property,

b)   other intentional criminal offence.

(10) Integrity is proved by the extract from the Criminal Record. Natural persons that do not have a permanent resident permit-


on the territory of the Slovak Republic prove their integrity by adequate documents issued by the country, of which they are citizens, as well as the documents issued by the countries, in which they sojourned continuously for longer than three months in the last three years (hereinafter referred to as “foreign document”). Aliens with abode on the territory of the Slovak Republic and at the time of proving the integrity this permit has been valid for at least six calendar months, submit apart from a foreign document also an extract from the Criminal Record. Citizens of the Slovak Republic that do not stay on the territory of the Slovak Republic on long-term basis prove their integrity by a foreign document and extract from the Criminal Record. An extract from the Criminal Record, possibly foreign document must be in time of presentation no older than three months.

 

Section 21

 

(1) When applying for a license for operating ticket money lotteries, ticket money- and gift lotteries as well as instant lotteries the applicant must, aside from documentation and facts mentioned in Section 20, Par. 4, 6 and 10, also attach or mention the following

a)   lottery ticket sample that meets the requirements set out in Section 41,

b)   document of confirmation, by which the applicant for a license for operating ticket money lotteries, ticket money and gift lotteries and instant lotteries confirms that printing of lottery tickets is sufficiently secured from misuse,

c)   the number of lottery tickets issued, and if more editions of tickets are made, also exact specification of the series plus the numbers of tickets issued in each edition,

d)   time period of sale of lottery tickets.

(2) When applying for a license for operating winning number lotteries, the applicant must, aside from documentation and facts mentioned in Section 20 Par. 4, 6 and 10, state the way a player will place his bet and the way of proving the bet was placed by the player, and if identical sheets are to be used by players, on which the bet is stated, also a sample of such a sheet is to be attached.

(3) When applying for a license for operating betting games, the applicant must, aside from documents and facts mentioned in Section 20 Par 4, 6 and 10 attach or mention also the following

a)   subject and the kind of betting game,

b)   the amount of handling charge that is not a part of the bet, if it is to be rht-rule: exactly;mso-pagination:none;mso-layout-grid-align:none;text-autospace:none'> 

 

11) Slovak National Council Act No.18/1995 of Code on Prices as amended.

 



(4) When applying for a license for operating bingo games, the applicant must, aside from documentation and facts mentioned in Section 20 Par. 4, 6 and 10 attach or mention also

a)   a ticket sample,

b)   the address of the game room in which bingo games will take place,

c)   consent of the village/town for operating bingo game on its premises.

(5) When applying for a license for operating gambling games in a casino, the applicant must. aside from documentation and facts mentioned in Section 20 Par. 4, 6 and 10 attach or mention the following

a)   the kind of gambling games that are to be operated in the casino,

b)   game plan for the gambling games operated in the casino,

c)   casino operating rules,

d)   the number and kind of game tables,

e)   counter samples,

f)    currency used for games,

g)   casino address,

h)   statement of the village/town about the location of casino on its premises,

i)    project for monitoring technology for supervision over the course of the gambling games and of daily accounting of betting games in the casino,

j)    professional résumés of individuals mentioned in Section 6, including education and foreign language knowledge, including certificates of completed education, work experience and seminars, trainings and internships.

(6) „Qualification“ in the case of natural persons nominated to the board of directors of the operator of gambling games in a casino, for the positions of managers of a company that operates gambling games in a casino whose direct supervision is by the board, and in the case of natural persons responsible for internal supervision, means university education and at least three years of experience in the gambling games sector, or completed high school technical education and at least ten years of professional experience in the gambling games sector, of which at least three years in a managerial position directly responsible to the statutory body of the operator. The applicant must prove in the case of at least one natural person who is nominated for a managerial position directly responsible to the board of directors that this person also has five-year experience in the casino gambling games sector.

(7) When applying for a license for operating gambling games with the use of technical devices operated directly by gamblers and for video games, the applicant must, aside from documentation and facts mentioned in Section 20 Par. 4, 6 and 10, attach or mention also the following

a)   the number of such technical devices or terminals and devices used for operating video games,

b)   the addresses of locations, on which these devices or video games will be operated,

c)   statement of a village/town to location of these technical devices or devices used for operating video games.

(8) When applying for a license for operating gambling games via telecommunication devices, the applicant must, aside from documentation and facts mentioned in Section 20 Par. 4, 6 and 10, attach or mention the following


a)   specification of the telecommunication device that is to be used for operation of the gambling game,

b)   business name, address and company ID number of the provider of the services via which the gamblers place their deposit.

 

(9) If an application for an individual license is incomplete, the ministry or town administration will no later than within 10 days from receiving such application instruct the applicant to complete it, and it shall state a deadline that has to be ten days and longer, and instructs the applicant that if the application is not completed, the proceedings will be halted.

(10) An applicant who wishes to operate gambling game according to Section 3 Par. 2, letter g), must state in the application for an individual license for this gambling game, aside from documentation and facts according to Section 20 Par 4, 6 and 10, also the data that is required in the application for individual license for operation of a gambling game that is the most similar, in principle, to the gambling game according to Section 3 Par. 2, letter a), The ministry or town administration, when deciding on issuing such a license, evaluates the terms of the application, in respect to the provisions of this law relating to the gambling game that is the most similar, in principle, to this gambling game.

(11) If the applicant for a license for operation of gambling games that are operated in the form of winning machines, technical devices operated directly by gamblers, telecommunication devices or video games wants to operate a gambling game that is in principle the most similar to one of the gambling games under Section 3 Par. 2, letter a) or c), the applicant must fulfil the requirements set out by this law for these gambling games as well.

(12) The operator of a gambling game is required to report any change in data and facts that are presented in the application for an individual license to the body that issued the license during the period of 15 days from the day they occurred.

(13) If the operator of a gambling game wishes to change any data and facts that are presented in the individual license, in documentation, based on which the individual license was issued, in documents approved by ministry or town administration when issuing the individual license, or in those which are attached to individual license, the applicant must file a request for a license change. Appropriate provisions about issuing of individual license are used for proceedings for license change. Changes in individual license relating to permanent address change of natural persons mentioned in the license, or to a change of business address of the operator of the gambling game do not require ruling of the ministry or town administration on a change of the license, provided that these changes are reported and plausibly proved to the ministry or town administration by the deadline set out in Section 12.

 

Individual licenses

Section 22

 

(1) Unless otherwise noted, gambling games can be operated

 


 


 


 on the authority of an individual license issued by the ministry or town administration.

(2) Town administration issues individual license for operating gambling games in the form of winning machines that are located on the town’s premises. In other cases, including the license for operating of winning machines in a casino, or if the deposits are made in foreign currencies, the individual license is issued by the ministry.

(3) An individual license is issued by the ministry or town administration to the applicant who presents a complete application and proves fulfilling of all conditions set out by this law..

 

(4) An individual license can be issued for the maximum period of

a)   two years: in the case of ticket money and ticket money-and-gift lotteries or instant lotteries,

b)   five years: in the case of betting games,

c)   five years: in the case of bingo, with the exception of special bingo,

d)   one calendar year: in the case of winning machines, with the exception of winning machines operated in a casino, in which case the individual license is issued for the period corresponding to the durability of these machines, but no longer than for the validity of the license for operating of gambling games in a casino,

e)   five years: in the case of gambling games operated in the form of technical devices operated by gamblers themselves, or in the case of gambling games operated via telecommunication devices, and for operating video games,

f)    five years: in the case of gambling games that are subject to Section 3 Par. 2 letter g),

g)   five years: in the case of state-run lottery,

h)   ten years: in the case of gambling games in a casino.

 

Section 23

 

(1) Unless otherwise noted, the individual license is issued within 15 workdays at the latest from the day a full application for individual license is presented.

(2) Ruling on granting the individual license will include, aside from requisites that are subject to special law4) also the kind of gambling game for the operation of which the individual license has been granted, number of the account to which tax according to Section 37 is to be paid, the approval of the game plan of the gambling game, lottery ticket sample, in the case tickets are to be used in operation of this gambling game, and also the launch date is set, as well as the period of time for which the individual license is granted.

(3) Ministry or town administration can revoke the individual license if the operation of the gambling game violates the provisions of this law or the conditions for granting the individual license. Ministry or town administration revokes the individual license, if facts appear or are revealed subsequently, because of which it would not be possible to issue the individual license, or if it becomes evident that data based on which the individual license was issued is not accurate.


Section 24

 

(1) The Tax Office that has local jurisdiction in the area in which a winning machine is to be operated based on license for operating gambling game in the form of winning machines will issue an ID card to the operator of the gambling game for each winning machine. The operator will place this card on the machine on a visible place for the purposes of supervision, in a way that the ID is not damaged when the machine is in operation. Operation of a winning machine can not be launched without the identification card.

 

(2) The identification card must include this data:

a)   name and address of the operator of the winning machine,

b)   serial number of the ID card,

c)   number of certificate issued by authorized test office and credentials of this office,

d)   winning machine type and its serial number,

e)   number, date and validity of the license for operating of
a winning machine,

f)    initial counters used for evidence of bets and wins,

g)   type of gambling game, program type and version,

h)   issue date, stamp and signature of the officer of the Tax Office who issued the ID card.

 

License for operating gambling games in a casino

Section 25

 

(1) License for operating gambling games in a casino is issued by the ministry. If a license for operating gambling games in a casino is to be granted to a joint stock company, all shares must be book shares (personal/registered shares); change of their status is not permitted.

(2) Reliability and public interest are special conditions for operating gambling games in a casino. Reliability is evaluated with regard to individuals according to Section 21 Par. 6 and the public interest is evaluated with regard to the place where the gambling games are to be operated. The applicant must prove in the application for a license for operating gambling games in a&nbs of launch of the operation of the gambling games is set, as well as the period for which the license is granted; and the following is approved

a)   game plan of the gambling games operated in the casino,

b)   operating rules of the casino,

c)   the numbers and types of game tables,

d)   samples of counters,

e)   currency used in games,

f)    casino address.

(5) License for operating of gambling games in a casino can include conditions that the operator of gambling games in a casino must fulfil before launching the casino, as well as conditions that the operator of gambling games in a casino must fulfil when operating any permitted gambling game in the casino.


Section 27

 

(1) The operator of gambling games in a casino must file a motion at local court for entry of the licensed activity into the Commercial Register, based on the license for operating gambling games in a casino, or change thereof, within 10 days from the day this license or its amendment became effective, and present to the ministry a certificate of incorporation within 10 days from the day the court‘s decision on the entry, or change thereof, became effective.

(2) The ministry can revoke the license for operating gambling games in a casino if the gambling games in the casino are operated out of accord with the provisions of this law or set out by the license as for operating of gambling games in a casino. The ministry will revoke the license for operating gambling games in a casino if facts occur or are revealed, because of which it would not be possible to issue the license for operating gambling games in a casino, or if it subsequently becomes evident that the data based on which the license for operating gambling games in a casino is not accurate.

 

License for operating a state-run lottery

Section 28

 

(1) A license for operating a state-run lottery can be granted only to a national lottery company.

(2) An application for a license for operating state-run lottery is presented by a national lottery company at the ministry. The ministry decides on granting the license for operating a state-run lottery within 30 days from receiving the complete application for a license for operating the state-run lottery.

(3) Ruling on granting the license for operating state-run lottery will, aside from general requisites according to special law4) include approval of the game plan, lottery ticket sample, if lottery tickets are to be used in operating the state-run lottery, launch of operation of state-run lottery will be set, as well as the period for which the license was granted. Also other conditions can be set for the operator of the state-run lottery. Ruling on granting the license for operating state-run lottery also includes especially the following:

a)   the goal of its operation,

b)   the number of tickets issued, price of one ticket, and the total amount of security, if the data is known prior to launching of the state-run lottery and if tickets are used in the operation,

c)   the deadline for presenting the final statement of the state-run lottery.

 

Section 29

 

Ruling on granting the license for operating a gambling game via internet might include technical conditions regarding the protection of gamblers, bet placement security and pay-off via telecommunication devices and o

 

(1) Expert evaluation is an activity of an authorized test office to the extent of authorization for expert evaluations according to Section 31, after which the authorized test office issues a certificate in accordance with Section 32.

(2) Applicant of operator of gambling game is required to provide the expert evaluation of the following

a)   gambling machines,

b)   technical devices operated directly by gamblers,

c)   terminals and other devices used for the operation of video games,

d)   devices used for operation of bingo,

e)   electronic connections among different locations on which the gambling games are operated and the headquarters where the games and their scores are evaluated,

f)    connection and security of the connection with electronic communication channels, if they are used for the operation of a gambling game,

g)   software that is used for operation of gambling game according to Section 3 Par. 2, letters d) and e) and its program versions.

(3) The applicant must provide expert evaluations of devices and systems according to Paragraph 2 before the application for individual license for operation of gambling games is filed. Operator of gambling game must provide expert evaluation of devices and systems according to Paragraph 2 after the period for which the certificate was issued had expired, according to Section 32.

(4) Devices and systems according to Paragraph 2 can be evaluated only by authorized test office; and only those devices and systems, according to Paragraph 2, for which it owns the authorization.

(5) Only a legal person that has permanent address in Slovakia, is authorized by The Bureau of Standards, Metrology and Testing according to a special law12) and is accredited13) to expert testing of devices and systems according to Paragraph 2 can become an authorized test office.

 

Section 31

 

(1) Authorization to expert evaluation can be given to a legal person according to Section 30 Par. 5 upon request.


(2) Authorization according to Paragraph 1 is given by the ministry for a limited period of time, at least for five years, when this period expires the ministry can prolong the validity according to Paragraph 1, when an inspection is carried out3).

(3) The ministry issues a list of authorized test offices that were given the authorization according to Paragraph 1, mentioning the extent of such authorization, according to a special law.6)

(4) The ministry will revoke the authorization of an authorized test office according to Paragraph 1, if

a)   the ministry finds out that the authorized test office wrongfully evaluated any device or system according to Section 30 Par. 2,

b)   the authorized test office fails to fulfil the requirements set out in the authorization according to Paragraph 1.

 

Section 32

 

(1) The authorized test office, in the process of evaluation, checks and confirms that devices and systems mentioned in Section 30 Par. 2

a)     are fit to use in operation of gambling games,

b)     are safe in terms of protection of data that is to be entered into, transferred and processed via these devices,

c)   fulfil the technical conditions set out by technical regulations14) and

d)   operation of gambling game with the use of these devices will be in accordance with gambling rules.

(2) In the case of devices and systems according to Section 30 Par. 2, letters a) to c) and in the case of other devices and systems that are interconnected for the purposes of playing bonus games, the authorized test office evaluates the system of generating of the bonus game and the conditions of evidence and payoff of bonuses.

 

(3) The authorized test office mentions the following in the certificate:

a)   name of the operator of gambling game who will use the device according to Section 30 Par. 2 use in operating of gambling game,

b)   owner of gambling machine, other device or system according to Section 30 Par. 2,

c)   producer of the gambling game or program,

d)   producer of gambling machine, if the machine is subject to expert evaluation,

e)   kind, type or other description of the evaluated device or system according to Section 30 Par. 2 and its production and serial number, respectively,

f)    statement to every evaluated fact according to Paragraphs 1 or 2,

g)   conditions of use of the evaluated device or system, if it is necessary to fulfil them, so that the evaluated facts according to Paragraphs 1 or 2 were maintained throughout the whole use of the device or system in operation of gambling game,

 


12)     Section 11 of act number 264/1999 Coll., on technical requirements on products and on conformation evaluation, as amended.

13)     Sections 19 and 13 of Act No. 264/1999 of Code as amended by Act No. 436/2001 of Code.

14)     Sections 19 and 14 of Act No. 264/1999 of Code as amended by Act No. 436/2001 of Code.

          Regulation of the Slovak government number 245/2004 Coll., on technical requirements on products in terms of electromagnetic compatibility.

          Regulation of the Slovak government number 308/2004 Coll. that sets out details for technical requirements and procedures of conformity evaluation for technical devices that are used at a certain range of voltage.

 

 



h)   approved rules of the respective game or program of a gambling machine,

i)    period of time for which the certificate is issued,

j)    date of issue,

k)   order number of the certificate,

l)    stamp, name, address and ID number of the authorized test office, that issued the certificate, as well as name, last name and signature of authorized persons of the authorized test office.

(4) The authorized test office, in evaluating facts according to Paragraph 2, will also indicate the following in the certificate, aside from data according to Paragraph 3

a)     address of the game room in which the bonus game is operated,

b)     type of gambling game, type of device and systems according to Section 30 Par. 2, letters a) through c) and types of other devices and systems that are interconnected for the purposes of playing bonus game, authorization number of the authorized test office, program version,

c)   producer of bonus game and program version,

d)   number of devices and systems according to Section 30 Par. 2, letters a) through c) and number of other devices and systems that are interconnected for the purposes of playing bonus game and their serial numbers, e) system of generating of bonus game, the method of evidence and bonus pay-off.

 

Section 33

 

(1) The authorized test office issues the certificate for limited period of time.

(2) The Authorized Test Office can set out in the certificate responsibility of the operator of gambling game to have repeatedly check the device or system according to Section 30 Par. 2 after a specified period of time of its use. Certificate validity is terminated if the operator of gambling game does not fulfil this requirement in the deadline specified by the test office.

 

Section 34

 

The authorized test office must keep records of certificates issued that is presented to the ministry within ten days from the end of a calendar half-year.

 

 

PART THREE

OPERATION CONDITIONS

FOR GAMBLING

CHAPTER ONE

GENERAL PROVISIONS

 

Section 35

 

(1) Operator of gambling game must fulfil the conditions for operating gambling games set out by this law and by conditions of the license, throughout the validity period of the license. The operator can not elude the responsibility if the conditions are not fulfilled.


(2) Only gambling games for which a license has been issued can be promoted in Slovakia.

(3) The operator of a gambling game must make sure that the employees and other individuals or legal persons who take part in operation of gambling games fulfil their responsibilities set out by this law. The operator of a gambling game and his employees are required to fulfil their responsibilities set out by special law.15)

(4) A natural person who takes bets or deposits from gamblers can not take part in the same game.

(5) The operator of a gambling game, except for operators of gambling games for which general license was issued or for which individual license for operating gambling games in the form of gambling machines was granted, must submit every year by May 31 the following to the ministry

a)   financial statement for the previous fiscal period,16)

b)   The Commercial Register statement, not older than 1 month on the day of its submission,

c)   in the case of joint stock company, the list of shareholders,

d)   affirmation of the operator that he fulfils the conditions for operating of gambling games set out by this law and the conditions of the license.

(6) Juveniles under 18 years of age can’t take part in gambling. The operator of gambling game must take such measures so that these individuals could not take part in gambling games. The operator of a gambling game and supervision bodies can, for these purposes, ask for the person’s identification. If gambling games are operated in a game room, the operator must provide continuous supervision; the operation is governed by operation rules of the game room.

(7) Deposits can be made both in cash and non-cash methods.

(8) In the case of capital stock pay-up, reimbursement of security, reimbursements of tax according to Section 37 and other reimbursements according to this law, the due date is set as follows

a)   in the case of non-cash transfers from a bank account or from a branch of a foreign bank, it is the day when the write-off from the account of operator of gambling game was conducted,

b)   in the case of cash payments it is the day when a bank, a branch of a foreign bank, post office, or other authorized person received the cash payment.

(9) The game plan of a gambling game must be posted in all rooms used for operation of a gambling game that are accessible for gamblers. Every page of the plan must have a stamp of the body that issued the individual license, as well as the date of game plan approval.

 

 

 

 

 

 

 


15) Act No. 367/2000 of Code as amended.

16) Act no. 431/2002 Coll., on State Subsidy, as amended.

 


 


(10) The accepting of deposits and bets, pay-offs, draws and other procedures related to defining a score of gambling game according to Section 3 Par. 2, letters b) through e) and also other procedures that take place in the course of operation of gambling game in public or in communication between the gambler and operator of a gambling game, except for making the scores public, are not allowed

a)   on Good Friday, on December 24 and December 25,

b)   on a day of national mourning,

c)   outside the hours set out by the game plan.

(11) It is forbidden to operate gambling machines, technical devices operated directly by gamblers and video games in schools, on school campuses, in buildings of social welfare services for children and youth, in youth dormitories, healthcare facilities and state institutions. It is forbidden to operate gambling machines, technical devices operated directly by gamblers and video games, except for those in game rooms, within a 200-meter distance from schools, educational facilities, building of social welfare services for children and youth and youth dormitories.

(12) Operators of a gambling game and other natural persons and legal persons who take any part in the operating of gambling games and in evaluating must maintain absolute discretion about gamblers, their part in a game, and about information from expert evaluation.

(13) The obligation of discretion according to Section 12 does not apply to providing information

a)   to a court for the purposes of proceedings,10)

b)   to law enforcement agencies, bureau of investigation and financial crimes unit of the police force for purposes set out by special law,8)

c)   to tax offices for the purposes of audit proceedings,

d)   to competent institutions for the purposes of misdemeanour proceedings17) or

e)   in the case that a gambler acquits the persons mentioned in Section 12 of the discretion responsibility.

(14) Damages to the gambler in the course of operating a gambling game are the responsibility of the operator, according to a special law,18) even if the damages were caused by third persons who were appointed by the operator of a gambling game to conduct activities related to operating of gambling games.

(15) All accounting operations conducted in relation to the operation of gambling games must be recorded separately from all other financial operations of the operator of gambling games. If the operator of gambling games operates more than one game, separate analytical evidence must be kept for each game.

 

(1) Financial guarantee must be kept by the operator of a gambling game during the whole period of validity of the license at the minimal amount set by this law. If the amount of guarantee dropped under the limit set by this law for any reason the operator must raise it within 30 days.

(2) The financial security must be deposited by the applicant in a separate account in a bank or branch of a foreign bank and during the whole period of validity of the license must be blocked in favour of the body that issued or granted the license to the operator. This blockage can be cancelled only with the prior written consent of a body that is authorized to give such a consent, if

a)   the license expired and the operator of gambling game has all his obligations settled that can be paid from the financial assets constituting the financial guarantee,

b)   the license of the operator of gambling games was revoked and the operator of gambling game has all his obligations settled that can be paid from the financial assets constituting the financial guarantee, or

c)   upon request of the operator of a gambling game, even though he does not have all his obligations settled that can be settled from the financial assets that constitute the financial guarantee; in such a case the body that issued individual license to the operator of gambling game or that issued the general license, can decide on the use of financial guarantee and on what obligations will be settled with this guarantee, confirmation of settling all obligations of the operator of gambling game is issued by a local tax office.

(3) During the validity of license the operator of a gambling game can use the financial guarantee only upon prior written consent of the ministry or town administration, when the operator does not have enough financial assets for tax according to Section 37 Par. 1 and to pay off gamblers.

 

 

 

 

 

 

 

 


17) Slovak National Council Act number 372/1990 Coll. as amended.

18) Civil Code.

 



(4) Minimum financial guarantee is as follows

a)   for ticket lotteries and raffles 5 % of the sum calculated as the product of the number of tickets issued and price of one ticket,

b)   for bingo, with the exception of special bingo, SKK 500,000 for one operation of bingo,

c)   for betting games except for course bets, SKK 1,000,000,

d)   for course bets, SKK 10,000,000,

e)   for gambling machines, SKK 10,000 for each machine,

f)    for gambling games in a casino, SKK 15,000,000,

g)   for gambling games mentioned in Section 3 Par. 2, letter e),
SKK 3,000,000.

(5) For the purposes of gambling games mentioned in Section 3 Par. 2 letter g) the ministry will set the amount of financial guarantee, based on the amount of financial guarantee for a gambling game that most resembles the gambling games in question.

 

Section 37

Tax

 

(1) Operator of a gambling game must pay tax, which amount is as follows

a)   for ticket lotteries 15 % of the financial guarantee to the state budget,

b)   for raffles 15 % of the sum calculated as the product of the number of tickets issued and price for one ticket to the state budget,

c)   for number lotteries 17 % of the financial security to the state budget,

d)   for instant lotteries 20 % of the sum calculated as the product of the number of tickets sold and the price for one ticket, minus the total amount of pay-off during the whole period of instant lottery ticket sales, to the state budget,

e)   for betting games, except for horse racing, 5 % of the financial guarantee, while in the case of course bets 4.5 % of the financial guarantee to the state budget and 0.5 % to the town budget,

f)    for bingo 4.5 % of the financial guarantee, of which 4 % of the financial guarantee to the state budget and 0.5 % of the financial guarantee to the budget of the town in which the bingo game room is located,

g)   for special bingo 4 % of the financial guarantee to the state budget,

h)   for horse racing 1 % of the financial guarantee to the state budget,

i)    for betting games in a casino 27 % of the financial guarantee, of which 24 % of the financial guarantee to the state budget and 3 % of the financial guarantee to the budget of the town in which the casino is located,

j)    for gambling games operated via gambling machines
SKK 45,000 per calendar year and per machine to the state budget,

k)   for gambling games operated via technical devices operated directly by gamblers and for video games 27 % of the financial guarantee, of which 24 % of the financial guarantee to the state budget and 3 % of the financial guarantee to the budget of the town,

l)    gambling games operated via telecommunication devices,


      10 % of financial guarantee to the state budget,

m)  gambling games operated on the internet 27 % of the difference between accepted bets and pay-offs to the state budget.

(2) In the case of gambling games that are not mentioned in Paragraph 1, the amount of tax will be set by the ministry. When doing so, the ministry must take into consideration the tax amount set out in Paragraph 1 for the game that resembles the most the gambling game for which the tax is being evaluated.

(3) The tax, according to Paragraph 1, except for tax according to Paragraph 1, letter a), b), d) and j), is paid by the operator of gambling game as prepayment, monthly by the 25th day from the ending of a calendar month, based on preliminary monthly calculation of tax submitted at the same time to the local supervision body. The operator of a gambling game will elaborate, by March 31 at the latest, the annual calculation of tax for the previous year, this calculation is based on the total numbers defining the tax for the whole previous calendar year. The operator of a gambling game submits the calculation to the local supervision body and then to the ministry or town administration, when the supervision body confirms it. The operator of a gambling game will pay the arrears of taxes to the local supervision body that arose as a difference between the yet-paid tax and the sum calculated during annual calculation of monthly prepayments.

(4) Overpayments made by the operator of a gambling game that are discovered in the course of calculation according to Section 3 will be returned by the local supervision body to the operator of a gambling game when the annual calculation is completed, upon written request, within 30 days. If the operator of gambling game does not request the overpayment in writing, it becomes prepayment for tax for the next calendar year. Overpayment worth less than SK 100 is not returned and it becomes prepayment for tax for the next calendar year. Overpayment can be returned up to three years from the end of the calendar year in which it originated.

(5) Monthly prepayments are not subject to rounding. In the annual calculation the tax is rounded to the nearest crown.

(6) The operator of a gambling game mentioned in Paragraph 1 letters. a), b) and d) must pay the tax within 15 days from calculation of the gambling game.

(7) The operator of gambling machines must pay the tax in parts, half of the tax by June 1 of the calendar year and the other half by September 1 of the calendar year. If the operator of a gambling machine is granted license during the year after the deadline for the tax or part thereof, he must pay the proportion of the tax or the tax for this machine within 15 days from the license issue, while he must pay the remaining part of the tax according to a set schedule, by the end of the calendar year at the latest. If the operator of gambling machine terminates his activities during the year, he must pay the tax in full for the respective year by the end of the operation of the gambling machine, at the latest.

 

 

 

 

 


 

 


 (11) Ministry that issued or granted a license and subsequently revoked it, can decide that earnings from gambling games be contributed to the state budget.

 

Section 38

Game room operating rules

 

If a gambling game is operated in a game room, the operator must elaborate the operating rules of the game room that include especially

a)   open hours,

b)   rights and responsibilities of gamblers,

c)   rights and responsibilities of permanent supervision in the game room, d) identification of the permanent supervision.

 

CHAPTER TWO

LOTTERY GAMES

 

Section 39

 

(1) Financial guarantee in the case of raffles, ticket lotteries, instant lotteries and other lotteries, in which there are tickets, except for bingo, is product of the number of tickets issued and the price for one ticket.

(2) Financial guarantee in the case of number lotteries is the sum corresponding to the amount of bets placed.

(3) Financial guarantee in the case of bingo and special bingo is the product of the number of tickets sold and the price for one ticket.

(4) The probability of winning in ticket lotteries, raffles and instant lotteries can not be lower than 1 : 200.


(5) The lowest prize in raffles and ticket lotteries must be worth the same as the price for the ticket.

(6) Total value of prizes in ticket lotteries, raffles and instant lotteries can not be lower than 30 % of the financial guarantee.

 

Section 40

 

(1) Lottery tickets can not be sold in public transportation vehicles.

(2) Lottery tickets can be sold in buildings only with the consent of the building administrator. Such a consent is not necessary if the building or premises are being used by an operator of a gambling game who is a license owner.

(3) When selling lottery tickets in the streets, the vendor must have his ID card and also an ID issued by the operator of the gambling game, or by legal person or natural person that administrates the distribution and sale. These ID cards must be submitted to the supervision body upon request.

(4) In the case of lottery ticket material prize lotteries, with financial guarantee up to do SKK 200,000 and in the case of raffles, the tickets must be numbered and have stamps of the operator.

 

Section 41

 

(1) The use of state symbols on lots is prohibited.19)

(2) A lot, except for the lot referred to in Section 4, for lottery games with the game principal exceeding SKK 200,000, except for lots for ruffles, shall contain

a)   name and registered office of the game operator,

b)   number of the license and the date of effect of the decision on granting an individual license or the day of announcement of a general license,

c)   quantity of issued lots, price of one lot, aggregate game principal or the information to specify the aggregate game principal,

d)   quantity and amount of prizes, or a manner to set the quantity and amount of prizes,

e)   specification of the event or circumstance determining the winning,

f)    manner of publishing the list of drawings if required by the game plan,

g)   specification of the place where prizes are handed down,

h)   deadline for taking out prizes,

i)    sequential number and series number of the lot if more series of lots are issued,

j)    time period for selling lots.

(3) Prior to releasing lots for sale, it is necessary to verify their quantity and the correctness of numeration by random sampling with the participation of the state supervisory body and to write down a report on it.

(4) The content of a lot which Section 2 does not refer to will be determined by the Ministry in the license.

 

 

 


 

 

 

 

 

 

 

 

 

 

19) Section 1 of Act of the National Council of the Slovak Republic No. 63/1993 Coll., on state symbols of the Slovak Republic and their use.

 



Section 42

 

(1) Drawing lots of a lottery game shall be public. Drawing lots of a lottery game with the game principal

a)   exceeding SKK 200,000 shall be carried out with the participation of the supervisory body,

b)   up to SKK 200,000 shall be carried out with the participation
a notary.

(2) The supervisory body or notary participating in drawing lots according to Section 1 shall certify that the course of drawing lots was in compliance with the game plan and this Act.

 

Section 43

 b)   in lot lottery, all issued lots,

c)   in raffle, all sold lots.

(5) The responsible representative shall take all measures to provide that lots returned by post or another manner prior to, in the course of, or immediately after, drawing, cannot be misused. The responsible representative shall keep lots in a secured place in the course of the lottery. After termination of the lottery in which lots are used the responsible representative together with the supervisory body shall destroy unsold lots.

(6) The responsible representative shall write down a report on the course of drawing lots, containing predominantly data on the course of drawing lots and a list of winning lots.

(7) After the end of drawing lots, the responsible representative shall secure prizes associated with unsold lots in lotteries against loss, destruction or damage and he shall secure prizes that were not handed down in a raffle.

(8) In lot lotteries the responsible representative shall publish the list of prizes in the press and inform the public thereof. In
a raffle, after drawing lots, the responsible representative shall inform the public of the wining lots and shall arrange publication of the written list of winning lots.

 

Section 44

 

(1) The deadline to exercise the right to a prize in a lottery shall not be shorter than 30 days and not longer than 60 days from the day following the drawing lots.

(2) An operator of a lottery shall pay the exercised


right to winners immediately or not later than within five days from the day that the right to a price was exercised.

 

Section 45

 

Unsold lots may only be rejected in the presence of the supervisory body after one year elapsing from the first day of a calendar month following the day that the lottery account was submitted at the latest.

 

CHAPTER THREE

GAMBLING GAMES IN CASINO

 

Section 46

 

(1) In a casino it shall be permitted to play only gambling games specified in the license to operate gambling games in
a casino, and in the specified scope only.

(2) In a casino a person not admitted to the gambling game according to the game plan and rules of operation shall not be allowed to play.

(3) Persons employed in a casino shall not be permitted to take part in bet games as gamblers in the casino where they are employed. Persons employed in a casino performing specialist activities for bet games in casinos shall not be permitted to take part in bet games as gamblers in casinos based in the Slovak Republic.

(4) The game currency of the casino shall be the one prescribed by the Ministry in the license to operate games in
a casino. Gaming chips used in casinos, value-marked, are approved by the Ministry according to specimen gaming chips submitted by the casino operator to the Ministry when filing the application for granting a license. The casino operator shall submit one set of gaming chips approved by the Ministry to the supervisory body for inspection purposes.

(5) In casinos gaming chips shall be conclusively recorded by kinds or types of chips. Spare gaming chips that are not used shall be placed separately and recorded so as to be able to be produced any time for inspection. These spare gaming chips may only be used with the approval of the supervisory body. The body shall be informed of any acquisition of gaming chips.

(6) Each casino shall use specifically marked chips. Identically marked chips may only be used in casinos operated by one operator of gambling games.

(7) Gaming chips, gratuities for employees deposited in separate cases, proceeds at tables deposited in separate cases, proceeds and chips in the principal cash desk, money and chips deposited in safes or other similar devices, shall be accounted for every table daily after the end of the casino operation.

(8) Gratuities are a financial gift of a gambler to employees of the casino.

(9) Casino employees are required to put the gratuities into
a separate case after finishing a game;


 


 


gratuities are subject to accounting and separate recording after the end of the casino operation.

(10) The gratuities shall not make part of the game principal, unless otherwise stipulated below. The operator of gambling games in a casino shall distribute the gratuities among the casino employees. Persons with property participation in the company operating the casino, authorized agents, members of the board of directors or supervisory board are excluded from the distribution of gratuities, unless they are simultaneously in employment, membership relations or business relations with the company operating the casino.

(11) The operator of gambling games in the casino shall distribute the gratuities among the employees as set out in Section 10 according to the rules which he is required to submit to the supervisory body when requested. The rules for distribution of gratuities shall not be changed during a calendar year.

(12) After the end of a calendar year undistributed gratuities shall be added to the game principal for that period.

(13) The game principal for games in casinos is the amount of deposits after deduction of the paid winnings.

 

CHAPTER FOUR

BET GAMES

 

Section 47

 

(1) The operator of bet games shall not enter into contracts with domestic legal persons, domestic natural persons and foreign persons for the exclusive right to make bets for certain competitions, contests or matches.

(2) The operator of bet games shall not accept bets for races wherein an animal, vehicle, etc. takes part that is owned or co-owned by him. This shall also apply in case the owner or co-owner is a person authorized to accept bets, or a person in employment, membership relation or similar legal relation with the operator of bet games, or a spouse of such a person.

(3) If in the license to operate stake games the Ministry authorized more than one state office to the operator of odd bets, the operator of the stake game shall ensure their electronic connection with the central computer system within the period of time stipulated in that license.

(4) The game principal for stake games is the sum of deposits.

 

CHAPTER FIVE

GAMBLING MACHINES

 

Section 48

 

(1) The gambling machine according to Section 7 shall conform to the following requirements:

a)   the deposit is realized by inserting a coin, banknote or credit key,

b)   the values of deposit and prize (winning) are automatically registered by built-in meters,


c)   it can work only when the mechanical and electronic meters are connected simultaneously, and after disconnecting the mechanical meter, the gambling machine must signal failure and must not accept other deposits and pay prizes,

d)   it has a built-in system of at least double independent check of deposits and paid prizes,

e) the time that elapse from the moment of a start-up to the end of a gambling game is at least three seconds,

f)    the time elapsed from the manufacture of a gambling machine does not exceed six years, except for gambling machines operated in a casino,

g)   the winning ratio, which for the purposes of operating gambling machines means a ratio of financial values of games won to the financial value of actually played gambling games, expressed in per cent, and which must not be lower than 70 %; the winning ratio expresses the probability of return of input deposits.

(2) In a gambling machine the option of the combination for winning or loosing is performed by mechanical, electronic and mechanical or electronic device and the gambling machine or the operator of the gambling game pay the prize to the gambler.

(3) A deposit must not be higher than SKK 2 per gambling game and the prize must not exceed SKK 300 per gambling game; it does not apply to gambling machines operated in casinos.

(4) A player may pay several deposits at once, in such a case the gambler shall have the possibility to take deposits for the games that were not played anytime after finishing a game.

(5) A game on gambling machines shall be understood to mean to begin a gambling game by setting on the mechanical, electronic and mechanical or electronic device determining the result of a gambling game and display of the gambling game result on the winning device or possibly payment of the prize. During a gambling game further deposits may not be made. After finishing each gambling game, the gambler shall have the possibility to take the whole prize. Each gambling game must offer the gambler the possibility to win.

(6) An operator of a gambling machine shall ensure that the correctness of the winning ratio of a gambling machine is checked at least every 12 months by an authorized testing laboratory. The authorized testing laboratory is authorized to perform random checks of the winning ratio and function of gambling machines in the presence of supervisory bodies and to withdraw the license according to Section 32 provided that violation of the conditions as stipulated by this Act is established, and it shall notify the body that granted a license to operate gambling games on gambling machines to the operator of the gambling machine of that fact. The costs incurred in conjunction of that check are paid by the operator of a gambling machine only if some discrepancies were established.

(7) The authorized testing laboratory shall issue a certificate specifying the winning ratio at the request of the operator of
a gambling machine and confirming that the winning ratio conforms to this Act.

 

 

 

 

 

 


 


 


Section 49

 

If operators of gambling games operate five and more winning machines in one room or in a set of rooms structurally related and connected, the rooms shall be regarded as a gambling-house and the operator of gambling games must fulfil all obligations as stipulated by this Act for a gambling-house.

 

Section 50

Premium game

 

(1) In gambling-houses with gambling machines it is possible to introduce a system of a premium game based on pooling a certain part of the deposit in a premium game through connection of gambling machines located in a gambling-house, and that part of the deposit is determined for a premium game.

(2) The premium game may be operated on at least eight gambling machines of an operator of gambling games by means of gambling machines and the amount of a premium prize must not exceed SKK 100,000; it does not apply to operation of the premium game by means of gambling machines in a casino.

(3) If the premium game is operated in a gambling-house by several operators of gambling games by means of gambling machines, the certificate according to Section 32 is issued for each operator of gambling games by means of gambling machines separately.

(4) The amount of the premium prize shall be visibly placed on the electronic board.

 

CHAPTER SIX

OPERATION OF GAMBLING GAMES

BY MEANS OF TECHNICAL FACILITIES OPERATED DIRECTLY BY GAMBLERS, THROUGH TELECOMMUNICATION FACILITIES AND OPERATION OF VIDEO-GAMES

 

Section 51

 

(1) When publishing the information on a gambling game, operators of gambling games by means of telecommunication facilities must specify the place where a gambler may familiarize himself with the game plan.

(2) When operating gambling games by means of technical facilities operated directly by gamblers, the minimum deposit amounts to SKK 2 and the maximum deposit amounts to
SKK 1,000 per position. The jackpot must not exceed
SKK 100,000.

(3) When operating video-games, the minimum deposit amounts to SKK 2 and the maximum deposit amounts to SKK 1,000 per gambling game.

(4) When operating gambling games through telecommunication facilities, the provider of the service though which the gambler participates


in a gambling game shall keep separate accounts of the sums included in the gambler's deposit.

(5) For gambling games operated by means of telecommunication facilities, the game principal is a sum of deposits. For video-games and technical facilities operated directly by gamblers, the game principal is a difference of received deposits and prizes paid out.

(6) If an operator of gambling games operates five or more gambling places at technical facilities operated directly by gamblers in a room or a set of rooms, structurally related and connected, the rooms shall be regarded as gambling-house and the operator of these gambling games shall must fulfil all obligations as stipulated by this Act for a gambling-house.

 

PART FOUR

NATIONAL LOTTERY COMPANY

 

Section 52

 

(1) The national lottery company is a joint-stock company based in the territory of the Slovak Republic whose founder and shareholder is the Slovak Republic, represented by the Ministry.

(2) The trade name of the national lottery company must contain the identification "national lottery company" or the abbreviation "n.l.s." The identification "national lottery company“ or its translations must not be used by any legal person or natural person.

(3) Any transfer of shares of the national lottery company to other legal persons or natural persons is prohibited.

(4) The registered capital of the national lottery company is minimum SKK 10,000,000. The shares of the national lottery company shall be issued as booked personal shares.

(5) The national lottery company cannot issue bonds with the related right to their exchange for company shares or the right to preferential subscription of shares of the national lottery company in case they may be acquired by other legal persons or natural persons to whom the shares of the national lottery company referred to in Section 3 cannot be transferred.

 

(6) The national lottery company or its part20) may be sold only to another national lottery company. The national lottery company may merge or consolidate only with another national lottery company.

20) Section 476 to 488 of Business Code.

 



business activity related to operating gambling games.

(2) The national lottery company is entitled to conduct activities according to Section 1 after granting a license to operate a state lottery.

PART FIVE

SANCTIONS

 

Section 54

 

(1) If supervisory bodies, within execution of their competence according to this Act, establish that supervised entities violated the provisions of this Act, specific acts or other legal regulations of binding force related to operation of gambling games, conditions of operation of gambling games according to the granted or issued license, obligations according to the game plan, including rules of gambling games, or non-fulfilment of obligations assigned by
a lawful decision of the supervisory body, the following sanctions shall be imposed on them:

a)   measures for removal or remedy of the established discrepancies, including the period for their fulfilment and the duty to inform the supervisory body on their fulfilment within the determined period,

b)   submission of special statements, reports and notices,

c)   termination of non-permitted activity,

d)   suspension of operation of a gambling game,

e)   fine,

f)    sanction interest in the amount and in the cases according to Section 2,

g)   suggestion to the ministry or municipality for withdrawal of the individual license.

(2) The competent supervisory body shall impose an obligation on an operator of a gambling game to pay a sanction interest if the payments according to Section 37 were not paid by the operator of a gambling game timely or adequately, namely amounting to 0.1 % of the due amount per every, even started, day of delay from the day following the due day of payment to the day that the due amount is credited to the respective account of the tax office or municipality. The competent supervisory body shall not impose the sanction interest if the sanction interest in aggregate does not exceed
SKK 100 per calendar year. The sanction interest shall be rounded up to whole crowns. The sanction interest imposed by a tax office is
a revenue of the national budget. The sanction interest imposed by
a municipality is a revenue of the municipal budget.

(3) If, during performing supervision, it is established that in conjunction with violation of provisions of this Act a property benefit was acquired by a legal person or a natural person violating provisions according to this Act, or by their related or controlled persons, the Ministry shall impose an obligation on the legal or natural persons acquiring a property benefit to pay a sum equal to the value of the property benefit acquired in such a manner to the state budget.

 

(4) If a tax office performed supervision according to Section 10 Par. 4 letter c) based on which a fine or another sanction


 according to Section 1 should be imposed, the fine or sanction shall be imposed and enforced by the municipality; the municipality shall inform the tax office performing supervision according to Section 10 Par. 4, letter a) on imposition of the fine or sanction,

(5) A fine from SKK 20,000 to SKK 500 shall be imposed by the supervisory body on a legal person of a natural person for obstructing performance of supervision according to this Act.

(6) The supervisory body may suspend operation of a gambling game, if, when performing the supervision, it established

a)   discrepancies that may affect regular operation of a gambling game, namely till they are removed,

b)  non-fulfilment of any of the conditions defined in the license,

c)   violation of the conditions defined in the license, or

d) non-observance of the provisions of this Act.

(7) The supervisory body shall make a record of suspension of the operation of a gambling game. When suspending the operation of a gambling game, the supervisory body is authorized to seal gambling machines or other devices or systems used in the operation of a gambling game.

(8) If an operator of a gambling game remedies the discrepancies due to which the operation of a gambling game was suspended, he may continue the operation of a gambling game only after prior written approval of the supervisory body that suspended the operation of a gambling game. The supervisory body shall promptly notify the body that granted an individual license to the operator of a gambling game or issued a general license of suspension of a gambling game, sealing a gambling machine or another device and system used in the operation of a gambling game, as well as the approval to continue the operation of a gambling game, if such a body is not the supervisory body.

(9) When imposing sanctions, the supervisory bodies shall assess the nature, seriousness, manner, extent of fault, duration and consequences of violation of obligations and it shall take into account that the person referred to in Section 3 and supervised entity established themselves the violation of an obligation and the legal state was recovered before a decision on a sanction was issued.

(10) Sanctions under this Act may be imposed within two years from the day that the supervisory body established violation of an obligation but not later than within five years from the day that an obligation was violated. Sanctions may be imposed simultaneously and repeatedly. By imposition of sanctions under this Act, the liability according to specific regulations is not affected.21)

(11) If within two years from the day of effect of a decision on imposing a fine the obligations for which the fine was imposed are violated again, the supervisory body may impose a fine up to its double.

(12) A fine is due within 30 days from the day of effect of the decision on its imposition. A fine imposed under this Act is
a revenue of the state budget, except for fines imposed by
a municipality that are revenues of the municipal budget.


 

(2) The general regulation on administrative proceedings shall not apply to

a)   issue of general licenses according to Section 18,

b)   notification duty according to Section 19,

c)   specialized assessment according to Section 30,

d)   suspension of operation of a gambling game according to Section 54 Par. 6.

 

(3) The Business Code applies to applicants and operators


of gambling games, unless otherwise stipulated by this Act.

(4) If the term "lottery and other similar games“ is used in legal regulations of binding force, it is understood to mean "gambling games“.

 

CHAPTER TWO

TEMPORARY PROVISIONS
AND FINAL PROVISIONS

 

Section 58

Temporary provisions

 

(1) Proceedings for issue of permission to operate a lottery or another similar game commenced before the effectiveness of this Act shall be finished according to the existing regulations. Proceedings commenced according to existing regulations which with respect to the provisions of this Act do not have to be finished shall be discontinued by the bodies that commenced them.

(2) Proceedings for imposition of a fine commenced before the effectiveness of this Act shall be finished according to the existing regulations.

(3) Permission to operate raffles and lot in-kind lotteries issued according to existing regulations are regarded as general licenses according to Section 18 and fulfilment of the notification duty according to Section 19.

(4) Unless otherwise stipulated by this Act, operators of gambling games for which individual licenses are required under this Act and who were issued permission according to existing regulations, except for operators of gambling machines, must ask the Ministry for granting individual licenses under this Act by
30 September 2005, otherwise their permission issued according to existing regulations shall expire after the period for which they had been issued expires, but not later than as of 1 October 2005. If an application for granting an individual license was delivered to the Ministry within the period as per the first sentence, the permission according to existing regulations shall expire on the day that the decision of the Ministry on granting an individual license under this Act comes into effect.

(5) Applicants holding valid permission issued according to existing regulations as of the day that this Act comes into effect, who paid the registered capital in according to existing regulations, shall prove payment of the registered capital by attaching statements of account at a bank or branch of a foreign bank or other documents proving the amount and payment of the registered capital.

(6) Permission issued to operators of gambling machines according to existing regulations remains in force by 31 December 2005.

(7) Operators of lotteries or of other similar games who were issued permission according to existing regulations must pay
a levy in the amount and within the period as stipulated by this Act from 1 July 2005.

(8) Authorization to accept stakes issued according to existing regulations expires as of 1 October 2005.


 

 


 


(9) Certificates of gambling machines issued by the authorized testing laboratory before this Act comes into effect shall remain in force by 31 December 2005 at the latest.

(10) The Ministry according to Section 18 Par. 5 shall publish a draft of the general license. The existing regulations shall apply to operation of raffles and lot in-kind lotteries till the effectiveness of the general license.

(11) Authorized testing laboratories must ask the Ministry for the issue of authorization for specialized assessment under this Act by 30 June 2005, otherwise their authorizations for specialized assessment issued according to existing regulations shall expire after the period for which they had been issued expires, but not later than as of 30 September 2005. If the application for the issue of permission for specialized assessment under this Act was delivered to the Ministry within the period as per the first sentence, the authorization for specialized assessment issued according to existing regulations expires on the day that the decision of the Ministry on the application for the issue of the authorization for specialized assessment under this Act comes into effect.

 

Section 59

Cancelling provision

 

Act of the Slovak National Council No. 194/1990 Coll., on lotteries and other similar games, as amended by Act of the Slovak National Council No. 68/1992 Coll., Act of the National Council of the Slovak Republic No. 249/1994 Coll., Act of the National Council of the Slovak Republic No. 224/1996 Coll., Act of the National Council of the Slovak Republic No. 386/1996 Coll.,


Act No. 55/1999 Coll., Act No. 332/2000 Coll., Act No. 218/2001 Coll., Act No. 553/2001 Coll., Act No. 182/2002 Coll. and Act No. 433/2002 Coll., is cancelled.

 

Art. II.

 

Act of the National Council of the Slovak Republic No. 145/1995 Coll., on administrative fees, as amended by Act of the National Council of the Slovak Republic No. 123/1996Coll., Act of the National Council of the Slovak Republic
No. 224/1996 Coll., Act No. 70/1997 Coll., Act No. 1/1998 Coll., Act No. 232/1999 Coll., Act No. 3/2000 Coll., Act No. 142/2000 Coll., Act No. 211/2000 Coll., Act No. 468/2000 Coll., Act No. 553/2001 Coll., Act No. 96/2002 Coll., Act No. 118/2002 Coll., Act No. 215/2002 Coll., Act No. 237/2002 Coll., Act No. 418/2002 Coll., Act No. 457/2002 Coll., Act No. 465/2002 Coll., Act No. 477/2002 Coll., Act No. 480/2002 Coll., Act No. 190/2003 Coll., Act No. 217/2003 Coll., Act No. 245/2003 Coll., Act No. 450/2003 Coll., Act No. 469/2003 Coll., Act No. 583/2003 Coll., Act No. 5/2004 Coll., Act No. 199/2004 Coll., Act No. 204/2004 Coll., Act No. 347/2004 Coll., Act No. 382/2004 Coll., Act No. 434/2004 Coll., Act No. 533/2004 Coll., Act No. 541/2004 Coll., Act No. 572/2004 Coll., Act No. 578/2004 Coll., Act No. 581/2004 Coll., Act No. 633/2004 Coll., Act No. 653/2004 Coll., Act No. 656/2004 Coll. and Act No. 725/2004 Coll., is amended as follows:

 

1. Item 140 in the Annex "Tariff of Administrative Fees" reads as follows:

 

 


3.   gambling machines, each                                                                                                                                                           SKK 45,000

4.   stake games except for odd bets                                                                                                                                               SKK 10,000

5.   lot pecuniary lotteries or lot pecuniary in-kind lotteries                                                                                                          SKK 10,000

6.   odd bets                                                                                                                                                                                  SKK 100,000

7.   gambling games in casinos                                                                                                                                                    SKK 1,000,000

8.   bingo, including special bingo                                                                                                                                                 SKK 100,000

9.   games operated by means of technical facilities operated directly by gamblers or operated through telecommunication facilities and video-games                                                                                                                                                                                                SKK 100,000

10.  gambling games not specified in points one to nine                                                                                                                SKK 100,000

b)   notification of an operator of lot in-kind lottery or raffle                                                                                                                 SKK 1,000

c)     change of a license based on a notice or at the request of the operator of a gambling game for all gambling games                                                         SKK 1,000

d)     issue of the identification card of a gambling machine                                                                                                                         SKK 500

e)     issue of the identification card of a gambling machine as replacement for a lost, destroyed,

damaged, or stolen identification card                                                                                                                                            SKK 500.“.

 

2. Item 141 of the Annex "The Tariff of Administrative Fees" reads as follows:

 

"Item 141

The issue of authorization for specialized assessment under Act No. 171/2005 Coll., on gambling games and on amendment and supplement of some acts                                                                                                                                                                                                            SKK 50,000.“.

 

 



Art. III.

 

Act No. 40/1964 Coll., Civil Code, as amended by Act No. 58/1969 Coll., Act No. 131/1982 Coll., Act No. 94/1988 Coll., Act No. 188/1988 Coll., Act No. 87/1990 Coll., Act No. 105/1990 Coll., Act No. 116/1990 Coll., Act No. 87/1991 Col., Act No. 509/1991 Coll., Act No. 264/1992 Coll., Act of the National Council of the Slovak Republic No. 278/1993 Coll., Act of the National Council of the Slovak Republic No. 249/1994 Coll., Act No. 153/1997 Coll., Act No. 211/1997 Coll., Act No. 252/1999 Coll., Act No. 218/2000 Coll., Act No. 261/2001 Coll., Act No. 281/2001Coll., Act No. 23/2002 Coll., Act No. 34/2002 Coll., Act No. 95/2002 Coll., Act No. 184/2002 Coll., Act No. 215/2002 Coll., Act No. 526/2002 Coll., Act No. 504/2003 Coll., Act No. 515/2003 Coll., Act No. 150/2004 Coll. and Act No. 404/2004 Coll., is amended and supplemented as follows:

 

Section 846 reads as follows:

 

“Section 846

 

The provision of Section 845 does not apply to gambling games according to a specific regulation.7a)“.

 

The footnote 7a) shall read as follows:

         7a) Act No. 171/2005 Coll., on gambling games and on amendment and supplement of some other acts.“.

 

Art. IV.

 

Act No. 367/2000 Coll., on protection against legalization of revenues from criminal activities and on amendment and supplement of some acts, as amended by Act No. 566/2001 Coll. and Act No. 445/2002 Coll., is amended as follows:

 

1. In Section 3 letter e) the words "casinos, stake offices,“ are deleted.

 

2. Section 3 letter f) reads as follows:

"f) the operator of a gambling game,15) “. Footnote 3aa) reads as follows:

15) Act No. 171/2005 Coll., on collective investment and on amendment and supplement of some other acts.”.

 

3. Chapter 6 is supplemented with Paragraph 4, reading as follows:

(4) The obligations of the obliged person according to Section 1 letters b) and c) and Section 3 letters c) and d) also apply to legal and natural persons who are no longer obliged persons.“.

 

4. In Chapter 13 Par. 1, 2 and 5 the words "obliged person“ in all forms are replaced by the words "a legal person or a natural person" in the respective form.

 

Art. V

 

Act No. 523/2004 Coll., on budgetary rules for public administration and on amendment and supplement of some acts, as amended by Act No. 747/2004 Coll., is amended and supplemented as follows:

 

1. Par. 10 of Chapter 8 shall be worded as follows:


"(10) Means provided from the state budget and from the budget of the European Union are not subject to execution of the decision according to specific regulations14). Tangible assets and intangible assets acquired from the means provided from the state budget and from the budget of the European Union are not subject to execution of the decision according to specific regulations,14) except for execution of the decision on assets acquired from the means from the state budget and from the budget of the European Union, as stipulated by a contract according to Section 20 Par. 2.“.

 

2. In Chapter 24 Par. 11 the word "shall pay" in the introductory sentence is replaced by the words "shall pay and settle“.

 

3. Chapter 24 Par. 11 shall be supplemented with letter (c), worded as follows:

“d) from the reproduction fund of a non-profit making organization if a loss cannot be settled even according to letter c).“.

 

4. In Chapter 24 Par. 12 the words "letter c)“ are replaced by the words "letter d)“.

 

5. Chapter 25 Par. 4 shall be supplemented with letter (c), reading as follows:

“e) settlement of a loss from the main activity.“.

 

6. Par. 8 of Chapter 31 shall be worded as follows:

"(8) The levy, penalty, and fine for not keeping financial discipline by a legal person or a natural person are revenues of the respective type of the public administration budget from which they were provided; a levy, penalty and fine for not keeping financial discipline when using means of the state budget are revenues of the state budget. A penalty and fine for not keeping financial discipline by a public administration entity when using financial means provided from the budget of another public administration entity, are revenues of the state budget.“.

 

7. Chapter 37a shall be inserted after Chapter 37 and shall read as follows:

 

 

“37a

 

Temporary provisions

on amendments effective from 1 May 2005

 

(1) Provision of Section 31 Par. 8 in the wording effective after 1 May 2005 applies to a levy, penalty and fine for not keeping financial discipline imposed after 1 January 2005.

(2) Provision of Section 37 Par. 7 also applies to economic activities, method of use and provision of means from the state budget for implementation of joint programs of the Slovak Republic and European Communities under international contracts made by 1 May 2004.“.

 

 

Art. VI

 

Act No. 564/2004 Coll., on budgetary determination of income tax proceeds to local authorities and on amendment and supplement of some acts is amended as follows:

 

In Chapter 4 Par. 4 the words "15 August“ are replaced by the words "31 October“.


 



Art. VII

 

Act No. 582/2004 Coll., on local taxes and the local fee for communal waste and small building waste, as amended by Act No. 733/2004 Coll. and Act No. 747/2004 Coll., is amended as follows:

 

Chapter 104 shall be supplemented with Par. 15 and 12, reading as follows:

“(11) The tax administrator must notify the Ministry of Finance of the Slovak Republic of the total sum of the imposed tax from real estate for the tax period of 2005, established based on filed tax returns pursuant to the situation as of 1 May 2005, by 31 May 2005.

(12) The tax administrator must notify the Ministry of Finance of the Slovak Republic of the total sum of the imposed tax from real estate for the tax period of 2006, established based on filed tax returns pursuant to the situation as of 1 May 2006, by 31 May 2006.“.

 

Art. VIII

 

Act of the Slovak National Council No. 369/1990 Coll., on the general system, as amended by Act of the Slovak National Council No. 96/1991 Coll., Act of the Slovak National Council No. 130/1991 Coll., Act of the Slovak National Council No. 421/1991 Coll., Act of the Slovak National


Council No. 500/1991 Coll., Act of the Slovak National Council No. 564/1991 Coll., Act of the Slovak National Council No. 11/1992 Coll., Act of the Slovak National Council No. 295/1992 Coll., Act of the National Council of the Slovak Republic No. 43/1993 Coll., Act of the National Council of the Slovak Republic No. 252/1994 Coll., Act of the National Council of the Slovak Republic No. 287/1994 Coll., Act No. 229/1997 Coll., Act No. 225/1998 Coll., Act No. 233/1998 Coll., finding of the Constitutional Court of the Slovak Republic No. 185/1999 Coll., Act No. 389/1999 Coll., Act No. 6/2001 Coll., Act No. 453/2001 Coll., Act No. 205/2002 Coll., Act No. 515/2003 Coll., Act No. 369/2004 Coll., Act No. 535/2004 Coll., Act No. 583/2004 Coll., Act No. 615/2004 Coll. and Act No. 757/2004 Coll. is amended and supplemented as follows:

 

In Chapter 27 Par. 2 letter n), the following words shall be added: "unless a specific regulation18aa) stipulates otherwise.“.

 

Footnote 3aa) shall be worded as follows:

18aa) For example Act No. 171/2005 Coll., on gambling games and on amendment and supplement of some other acts.“.

 

Art. IX Effectiveness

 

This Act comes into effect on 1 January 2005.

 

 

Mikuláš Dzurinda, signed.