The Owner of a betting shop presents a Appeal to the State Council for the reform of the ruling of the Regional Administrative Court of Bolzano, which confirmed the legality of the provision revoking the authorization to accept sports bets due to non-compliance with the minimum distances from so-called sensitive places.
The question submitted to Palazzo Spada therefore concerns correct use of the rangefinderIn addition to arcades in which electronic devices (AWP and VLT) are installed, also to rooms authorized to accept bets on sporting events.
“The case – says the Council of State – concerns games played through slot machines (devices) and is different from the collection of bets on sporting events, the only common denominator of which is the fact of existence.” Both cases can be classified as gamblingin which the aim is to win and the gain or loss of money is wholly or partly accidental.
“There The difference is also clearly explained at the regulatory level. Especially the art. 86 of rdn 773 of 1931 regulates the operation of arcades for devices mentioned in the technology. 110 paragraphs 6 and 7 of the same consolidated law, while art. 88 of rdn 773 of 1931 regulates the practice of betting.”
“The Directorate Resolution of the Autonomous Administration of State Monopolies dated July 27, 2011 determines the type of outlets where the collection of gambling games is permitted. Distinction, among other things, between agencies that carry out bets on sporting events and establishments dedicated exclusively to gambling with slot machines called in technology. 110, paragraph 6, of the TULPS. Art. 7, paragraph 10, of Legislative Decree No. 158 of 2012 (so-called Balduzzi Decree) also reserves the gradual transfer of the gambling collection points exclusively to the rooms where the devices referred to in art are located. 110, paragraph 6, of the Tulps. Therefore, the general definition of legal gambling means games carried out using the devices mentioned in the art. 110, paragraph 6, letters a) and b) of Royal Decree 773 of 1931, as well as all other forms of lawful gambling under a state concession provided for by current legislation – “gambling halls” means the rooms or equipped rooms in which exclusively or predominantly the legal games mentioned in Art. are played. 110, paragraphs 6 and 7, of rdn 773 of 1931, as defined in art. 86, while “betting shops” are understood to mean public betting shops within the meaning of Article 86. 88 of rdn 773 from 1931″.
“The difference between arcades equipped with electronic instruments (VLT) and mere betting outlets – recalls the State Council – is inherent in the instrumentation offered to customerswhat for VLT rooms consists in the presence of electronic devices capable of monopolizing the attention of the serial player, while betting offices only provide a place for collecting “bets” on sporting events.”
For these reasons the The State Council has decided to overturn the judgment of the Bolzano Regional Administrative Court and to revoke the confiscation clause Towards the betting office. ac/AGIMEG