The practice of gambling in 2023
Bills proposing the closure of traditional gambling in Romania
Article from the series “Gambling Practice“, by Anchidim Zăgrean, FedBet Vice President and President of ROMBET
continuation of the previous article
At the resumption of parliamentary sessions, from the fall of this year, “the supreme representative body of the Romanian people and the only legislative authority of the country”, will decide on the 12 draft laws, which are up for debate in the two chambers of the parliament, in different stages, but which aim, if approved, the disappearance of traditional gambling in Romania.
We will continue to follow the provisions, the stage and the path that these legislative initiatives have traveled so far, from the time of submission until the end of the parliamentary session in June 2023. In the explanations of reasons, of the initiators, no reference is made direct to the closure of these activities, moreover, I claim, without arguments, that the goal pursued would be represented by the politicians’ desire to establish new restrictions to reduce the effect of gambling on young people, as well as the need to reduce the participants’ addiction to gambling, even if this activity is defined as an activity of entertainment and fun:
I. Bills, in the Senate, as the first chamber referred
1. The draft law, initiated and submitted by exclusive representatives of the AUR parliamentary group, under registration number L 412/2023, it concerns the activity of casinos and slot-machine type activity, traditionally organized and operated. The submitted draft law stipulates that these types of activities can only be exploited in resorts of national or local interest, but, by way of exception, slot machines can also be exploited in other locations, provided that the maximum stake is not higher than 0.50 euros. This legislative initiative is in the works, in the permanent committees of the Senate, in emergency procedure, opinions from two commissions being requested and then the submission of a Joint Report by the Economic, Industries and Services Commission together with the Legal, Appointments, Discipline, Immunities and Validations Commission and the deadline for submitting the report is 06.09.2023. The Romanian government has not expressed its position on this draft law. If this legislative proposal does not reach the voting procedure, it will be tacitly adopted 38 days after the resumption of the Senate’s activity;
2. The draft law, initiated and submitted by the representatives of the USR parliamentary group, under registration number L 406/2023. The draft law targets the partners, significant shareholders, members of the management team and the control body of the licensed organizer, the owner or tenant of a premises where gambling is carried out, the employees of the gambling operator stating that they cannot participate in the gambling organized by the legal entity with which it is in a relationship of interdependence. Likewise, ONJN Supervisory Committee members cannot participate in gambling operated in Romania by private legal entities. This legislative initiative is in the works, at the permanent committees of the Senate, in normal procedure, being requested from the point of view of the government and request Joint Report by the Economic Commission, Industries and Services together with the Legal Commission, Appointments, Discipline, Immunities and Validations and the deadline for submitting the report is 12.09.2023. The Romanian government has not expressed its position on this draft law. If this legislative proposal does not reach the voting procedure, it will be tacitly adopted 38 days after the resumption of the Senate’s activity;
3. The draft law, under debate in the Senate, under number L 312/2023, supported in the media by Alfred-Robert Simonis – PSD deputy, interim president of the Chamber of Deputies – bearing the signature of 135 PSD parliamentarians, which has the following provisions:
a) Prohibition of self-excluded or undesirable persons on the premises of gambling venues;
b) The space proposed for authorization must be located no more than 50 m from the territorial limit of the city/municipality or commune, including the municipality of Bucharest, as provided for in art. 95 of the Emergency Ordinance no. 57/2019 on the Administrative Code, with subsequent amendments and additions;
c) Applicants must have a location permit, issued by the local council of the competent territorial administrative unit. The content of the opinion and the procedure for obtaining it are established by the methodological norms of law enforcement;
d) The space proposed for authorization is not located less than 300 m from an educational establishment, including its related campuses, a culture, art, health, social, religious and other similar establishment or within their premises; it is forbidden to carry out gambling in spaces which, due to their location, would lead to the obstruction of traffic or to the limitation of free access to other locations of interest (entrances to buildings, pedestrian passages, public transport stations, etc.);
e) In localities with less than 5,000 people, no license to operate gambling can be granted;
f) These provisions do not apply to the premises where traditional and remote lotto games are held, luck, luck plus and super luck, express and lotteries;
g) Prior to starting the activity within a locality, the economic operator licensed under the terms of this emergency ordinance will inform, within 5 days, by address, the competent local public administration authority about the start of the activity, communicating the date of the start of the activity and sending it copies of the gambling license and authorization. The conditions that must be met by the locations where the gambling is operated, the technical conditions that must be met by the means of the game, the conditions related to the game regulations and the internal regulations in order to grant the authorization to operate the games of chance, as well as the obligations of the organizers in order to maintain their validity are established by the methodological rules for the application of this emergency ordinance;
h) From the date of publication in the Official Gazette of this law, licensed gambling operators have the obligation to comply with the new provisions;
i) Within 3 months from the date of publication in the Official Gazette of this law, the Government will appropriately amend Government Decision no. 111/2016, for the approval of the Methodological Norms for the implementation of the Government Emergency Ordinance no. 77/2009.
This legislative initiative is on the agenda of the Senate, in normal procedure, with the Joint Report submitted by the Economic, Industries and Services Committee together with the Legal, Appointments, Discipline, Immunities and Validations Committee with the mention that the government does not support the adoption of this bill. The approved amendments accompanying the Report provide:
– The fact that the license to organize gambling is granted according to the number of inhabitants, proven by a certificate issued by the local public administration authority, so that there is at most one workplace per 20,000 inhabitants;
– The organizers’ documents must attest to the existence, as a single object of activity, of the organization of gambling;
– When applying for operating permits, the organizer must prove that the proposed space is not located within the premises or within a radius of 300 m of educational units and institutions, including their related campuses, of playgrounds for children defined as any closed space or in the open air intended for use by children, parks, cultural, art, health, social facilities, religious cults and the like or in the delimited perimeter intended for them; it is forbidden to carry out gambling in spaces that, due to their location, would lead to the obstruction of traffic or to the limitation of free access to other locations of interest (entrances to buildings, pedestrian passages, public transport stations, etc.);
– For slot-machine type games, the maximum number of game means that can be operated by the same economic operator in one location is 20 slot-machines, which can be operated within the same location or in different locations. The number of slot machines, for each location, is: (i) game hall- maximum 20 slot-machines for the municipality of Bucharest, maximum 15 slot-machines in other locations in municipalities and cities, other than the municipality of Bucharest and maximum 10 in locations in the communes. In the spaces where this type of activity is carried out as the main activity, only bar, restaurant-type economic activities can be carried out, including those provided for by this emergency ordinance. For this category, class A authorization will be granted, according to point I subsection. II of the annex; (ii) a maximum of three electronic devices attributing winnings with limited risk, for spaces where other activities of an economic nature are carried out, the location, organization and exploitation of the respective means of play being carried out separately within the location only by a single organizer. For this category, Class B Authorization will be granted, according to point I subpoint II of the annex to this emergency ordinance; (iii) a maximum of five slot machines, for locations authorized for betting activity. For this category, Class A Authorization will be granted, according to point I subpoint II of the annex which is an integral part of this emergency ordinance; (iv) a maximum of 20 game means interconnected in the jack-pot game system, in the situation where the game means are operated in at least two locations; (v) a maximum of two gambling terminals (stations) for slot-machine type games that are built in a single entity and where exploitation is carried out from several gaming terminals (stations); (vi) maximum two slot-machines, for authorized locations for gambling activities defined in art. 10, paragraph, (1) letter p). For this category, Class A Authorization will be granted, according to point I subpoint II of this emergency ordinance.
If this legislative proposal does not reach the voting procedure, it will be tacitly adopted 3 days after the resumption of the Senate’s activity;
4. The draft law, initiated and submitted by exclusive representatives of the USR parliamentary group, under registration number L 401/2023, aims at: advertising for gambling, regulated according to art. 10 para. (1) of the Government Emergency Ordinance no. 77/2009 on the organization and exploitation of gambling, is accompanied by the alternative presence of one of the following messages: Family, social life, well-being: are you ready to risk it all? or: Gambling involves risks: debt, addiction, loneliness. Forms of outdoor advertising are permitted if the dimensions of the advertising materials do not exceed, individually, for an advertising material related to a single licensed gaming operator, a total area of 30 square meters. It is forbidden to promote prizes in money or material goods through forms of external advertising. For the purposes of this law, forms of outdoor advertising mean elements such as billboards or advertising structures that are placed in public areas, including on various constructions or buildings. This legislative initiative is in the works, at the permanent committees of the Senate, in normal procedure, being requested from the point of view of the government and request Joint Report by the Economic Commission, Industries and Services together with the Legal Commission, Appointments, Discipline, Immunities and Validations and the deadline for submitting the report is 12.09.2023. The Romanian government has not expressed its position on this draft law. If this legislative proposal does not reach the voting procedure, it will be tacitly adopted 38 days after the resumption of the Senate’s activity;
5. Draft law submitted to the Senate under number L 407/2023 supported by USR parliamentarians, for the amendment of the Annex to OG 99 of 2000, which provides for the inclusion of gambling on the list of activities for which it is necessary to obtain operating authorizations from the authorities local public. This legislative initiative is in the works, at the permanent committees of the Senate, in normal procedure, being requested a point of view from the government and a request for a joint report by the Economic Commission, Industries and Services together with the Commission for Entrepreneurship and Tourism and the deadline for submitting the report it is dated 12.09.2023. The Romanian government has not expressed its position on this draft law. If this legislative proposal does not reach the voting procedure, it will be tacitly adopted 38 days after the resumption of the Senate’s activity;
(to be continued in the next edition)
