What is Act No. 186 / 2016 Coll.?

Act No. 186 / 2016 Coll., on gambling — Gambling Act.

When it became Act No. 186 / 2016 Coll. effectiveness?

Act No. 186 / 2016 Coll. became effective 01.01.2017.

Is Act No. 186 / 2016 Coll. still valid?

Yes, Act No. 186 / 2016 Coll. is still valid and effective.

Act No. 186 / 2016 Coll.

Gambling Act

Valid Law Effective from 01.01.2017

ČÁST PRVNÍ HLAVA I § 1 § 2 § 3 § 4 § 5 § 6 § 7 HLAVA II § 8 § 9 § 9a § 10 § 10a § 10b § 10c § 11 § 12 § 13 § 13a § 13b § 13c § 13d § 13e § 13f HLAVA III § 14 § 14a § 15 § 15a § 16 § 16a § 16b § 16ba § 16bb § 16c § 16d § 17 HLAVA IV § 17a § 17b § 17c § 17d § 17e § 17f § 17g § 17h § 17i § 17j § 17k § 17l § 17m § 17n § 17o § 17p ČÁST DRUHÁ HLAVA I Díl 1 § 18 § 19 § 20 Díl 2 § 21 § 22 § 25 § 26 § 26a HLAVA II Díl 1 § 27 § 28 § 29 § 30 Díl 2 § 31 § 32 Díl 3 § 33 § 34 § 35 § 36 § 37 § 38 § 38a HLAVA III § 39 § 40 HLAVA IV § 42 § 43 § 44 § 50 § 51 § 52 § 54 § 55 § 56 HLAVA V Díl 1 § 57 § 58 Díl 2 § 59 § 60 § 60a § 60b § 60c Díl 3 § 60d § 60e § 60f HLAVA VI § 61 § 62 § 63 HLAVA VII § 64 ČÁST TŘETÍ HLAVA I § 65 § 66 § 67 § 68 § 68a § 68b § 68c § 69 § 70 HLAVA II § 71 § 72 § 72a § 72b § 72c § 72d ČÁST ČTVRTÁ HLAVA I Díl 1 § 73 § 74 § 75 Díl 2 § 76 § 77 Díl 3 Oddíl 1 § 78 § 79 Oddíl 2 § 80 § 81 § 82 § 83 § 84 HLAVA II § 84a § 84b § 84c § 84d § 84e § 84f § 84g § 84h ČÁST PÁTÁ HLAVA I Díl 1 § 85 § 86 § 87 § 88 Díl 2 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 Díl 3 § 99 § 100 § 101 § 102 § 103 § 104 § 104a Díl 4 § 104b § 104c § 104d § 104e § 104f § 104g HLAVA II § 105 § 106 § 107 § 108 ČÁST ŠESTÁ § 108a § 108b § 108c § 108d ČÁST SEDMÁ § 108e § 108f § 108g § 108h § 108i ČÁST OSMÁ HLAVA I § 109 § 109a § 109b § 109c HLAVA II § 110 § 110a § 110b § 111 § 112 § 112a § 112b § 112c ČÁST DEVÁTÁ § 113 § 114 § 115 § 115a § 116 § 117 ČÁST DESÁTÁ HLAVA I § 118 § 119 § 120 § 121 § 121a § 121b HLAVA II Díl 1 § 122 § 123 Díl 2 § 123a § 123b Díl 3 § 124 § 127 Díl 4 § 129 ČÁST JEDENÁCTÁ HLAVA I § 130 § 130a § 131 § 132 § 132a § 133 § 134 HLAVA II § 135 § 136 § 137 § 138 § 139 HLAVA III § 140 ČÁST DVANÁCTÁ § 141

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186

THE LAW

of 26 May 2016

on gambling

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

This law regulates gambling and their types, the conditions for their operation, the arrangements for responsible gambling and the responsibilities of the authorities in the field of gambling.

§ 2

Scope of the law

(1) This law applies to the operation of gambling in the Czech Republic.

(2) Gambling game operated by remote access via the Internet ("Internet game") available

(a) in the territory of the Czech Republic it shall be considered to be operating in the territory of the Czech Republic;

(b) outside the territory of the Czech Republic it shall be considered to be operating in the territory of the Czech Republic if it is also available in the territory of the Czech Republic where it is operated on the basis of a basic permit for this game.

(3) The provisions of this Act shall not apply to a contract concluded on a commodity exchange, on a regulated market, on a multilateral trading system, on another contract the investment instrument of which is the subject of under the law governing business on the capital market, or to an insurance contract.

§ 3

Gambling Game

(1) Gambling means a game, a bet or a ticket in which the betting person places a bet whose return is not guaranteed and in which the win or lose is decided in whole or in part by chance or by an unknown circumstance.

(2) This law regulates the following types of gambling:

(a) the lottery,

(b) a course bet,

(d) bingo,

(e) a technical game,

(f) a live game;

(g) raffle,

(h) a small scale tournament.

§ 4

Definition of certain terms

For the purposes of gambling legislation:

(a) a participant in a gambling game, a natural person who has registered or paid a deposit to participate in a gambling game operated in the Czech Republic;

(b) the gambling player who paid the bet,

1. one or more bets; or

2. other transactions specified by the operator which, in addition to the bet, entitle the gambling participant to participate in the gambling game,

(d) a bet betting a voluntarily determined non-refundable performance, which will be compared to the result of the gambling, including:

1. the difference between the price offered for goods or services and their normal price; or

2. amounts exceeding the price for calling or sending a text or multimedia message resulting from a contract between a gambling participant and an electronic communications service provider;

(e) by accompanying performance of the deposit or part thereof which, in addition to the bet, entitle them to participate in a particular game of the gambling type;

(f) other transactions of a deposit or part thereof which are neither a bet nor an accompanying transaction;

(g) by a foreign gambling participant, a natural person participating in an internet game not operating in the territory of the Czech Republic when playing against a gambling participant,

h) by paying the prize

1. payment of chips to a participant in a gambling game at a live game table based on an evaluation of the game live game in a casino, unless it is a card tournament,

2. the recording of funds for the user's gambling participant account, if the prize is cash and a user's account is set up for the gambling game; This does not apply to funds paid as rent,

3. the payment of funds to a participant in a cash gambling game or the execution of their cash transfer to a participant in a payment account, where cash is the subject of a prize and no user account is set up for that gambling game;

4. recording in the user account in respect of non-monetary winnings or funds paid as a rent and a user account is set up for a given gambling game;

5. the transfer of a material item or vouchers to a gambling participant in respect of a non-monetary prize or a user account for a given gambling game; or

6. the composition of the funds for safekeeping in respect of funds paid as a rent and no user account is set up for the gambling concerned;

(i) the rent of the funds gradually paid out of custody;

(j) a performance bonus granted to a gambling participant in connection with the operation of a gambling game free of charge or at a price below the normal price;

(k) a risk bonus to promote risk gambling or threatening health, life, good manners or public order;

(l) the normal price established under the law governing the valuation of assets;

(m) by the operator who operates a gambling game, whether or not he holds a basic permit to operate it or is a reporting agent;

(n) the country of origin of:

1. natural persons each State of which he is a national or in which he is applied for permanent or other similar residence;

2. the natural persons in business, each State which is its country of origin as referred to in point 1 or in which they have their registered office;

3. legal persons, the State in which they have their registered office;

4. the trust fund, the State under whose law it is established and any State which is the country of origin of its trustee as referred to in points 1 to 3;

(o) a prohibited internet game, an internet game operated in breach of Article 7 (2) (a) or (b).

§ 5

Gambling

Gambling operations are the pursuit of gambling activities with a view to making a profit, in particular the income of gambling betting and gambling deposits, the payment of winnings, other activities of an organisational, financial and technical nature related to putting gambling into operation and to ensuring its own operation, as well as the activities needed to end and settle gambling.

§ 6

Operator

(1) A gambling game, with the exception of a small scale tournament, can only run:

(a) Czech Republic,

(b) a legal person having:

1. registered office in the Czech Republic, another Member State of the European Union or a Contracting Party to the Agreement on the European Economic Area,

2. an organisational structure with a sound, transparent and coherent definition of the scope and decision-making powers;

3. set up by the Supervisory Board, the Management Board or any other similar supervisory body;

4. the requirement of financial stability is met,

5. Financial statements verified by the auditor under the Auditor Act,

6. the transparent and safe origin of the sources; and

7. a transparent ownership structure from which it is clear who is its beneficial owner under the law governing the registration of beneficial owners ("the beneficial owner").

(2) Only the Czech Republic or a legal person having its registered office in the Czech Republic, another Member State of the European Union or in a Contracting Party to the Agreement on the European Economic Area may operate the raffle.

(3) A small-scale tournament can only be operated by the Czech Republic or by a legal person,

(a) which has its registered office in the Czech Republic, another Member State of the European Union or a Contracting Party to the Agreement on the European Economic Area;

(b) whose principal activity is not in business; and

(c) whose business in the context of a secondary activity and its proceeds, if such an activity is carried out, serves only to promote the main activity.

(4) The financial stability requirement referred to in paragraph 1 (b) (4) shall be met by an operator whose:

(a) equity, minus the outstanding part of the issue rate and the outstanding capital premium

1. at least CZK 50,000 000; and

2. exceeds the amount of debt if the result of the current financial year and the result of the previous years are negative; and

(b) assets reduced by bail pursuant to § 93 (1) (a), long-term receivables and long-term financial assets shall be at least CZK 50 000 000.

(5) When assessing compliance with the requirement for financial stability, the amount in foreign currency shown in the financial statements shall be converted into Czech crowns at the rate declared by the Czech National Bank for the date of drawing up of the financial statements.

§ 7

Legal restrictions

(1) An operator must not allow a person under 18 to participate in a gambling game.

(2) It shall be prohibited to gamble,

(a) the species of which is not regulated by this law;

(b) for which no authorisation has been granted or which has not been duly notified under this law;

(d) which contravenes good manners or public order;

(e) for which the age of the gambling participant cannot be reliably verified before it begins;

(f) where the possibility of winning is wholly or partly dependent on the deposit by a later gambling participant;

(g) which does not allow the gambling participant to terminate the game at any time before paying the bet;

(h) which uses or imitates national symbols of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area;

(i) in which the win or lose is decided in whole or in part by a coincidence or unknown circumstance which may be influenced by the betting or the operator;

(j) the result of which is known in advance;

(k) in contravention

1. subject to the condition that it is operated in accordance with Section 13d, Part Two or Four of Title I,

2. subject to its operation as defined in the basic authorisation,

3. with an approved game plan,

4. with permission to place a game space; or

5. reporting or conditions for the operation of reported gambling; or

(l) through a model of technical equipment other than that approved in the basic authorisation.

(3) In the context of gambling operations, the operator shall be prohibited to grant the gambling participant any advantage in the form of:

(a) foodstuffs, beverages, tobacco products or encouraging substances; or

(b) the prohibited risk bonus provided for in the Decree.

(4) Under gambling, the operator shall be prohibited from taking non-monetary deposits or bets.

(5) A person who carries out an activity or task relating to gambling for an operator may not participate in a gambling game in the gambling area where he carries out that activity or task.

(6) An operator must not encourage a person to participate in a gambling game who has previously informed the operator that he does not wish to be approached with incentives to participate in a gambling game if he is a person who:

(a) is registered for this gambling game; or

b) has been registered for this gambling game in the last 3 years.

HLAVA II

GENERAL CONDITIONS FOR THE OPERATING OF Hazard HERS

§ 8

Game plan

(1) An operator shall establish a game plan for each gambling game, adjusting at least the following elements:

(a) gambling rules;

(b) the way in which the composition is carried out or the circumstances determining the win;

(d) the method and time limits for payment of the prize.

(2) If the nature of gambling so permits, the operator is obliged to adjust the following elements in the game plan:

(a) the amount of the highest bet and the highest prize,

(b) the minimum winning share;

(d) pay ratio,

(e) payment structure.

§ 9

Language of information

All information and data related to gambling must be easily accessible to everyone in the Czech language.

§ 9a

Deposit

(1) An operator may not accept an accompanying transaction in a currency other than the currency of the bet.

(2) An operator shall not return the accompanying or other transactions in a currency other than that in which they are received.

§ 10

Win

(1) Only funds may be the object of winning a gambling game, with the exception of a substantive lottery, an immediate lottery, a supplementary lottery and raffle.

(2) Only material items or services, excluding funds, may be the object of winning a material lottery or raffle.

(3) Only cash, tangible goods or services may be the object of winning an instant lottery or additional lottery.

(4) The object of winning live games can only be

(a) value or playing chips when winning a live game not operated as an internet game;

b) tournament chips when winning an individual live game game in a card tournament,

(5) Money paid as a rent may be the subject of a prize only if it is a winning lottery number, a cash lottery or an immediate lottery.

(6) The prize shall not be the subject of:

(a) tobacco product, smoking aid, herbal product intended for smoking, electronic cigarette, tobacco-free nicotine bag or alcoholic beverage under the law governing health protection against the harmful effects of addicts;

(b) a substance or preparation under a government regulation governing the substance list;

(d) a security or other investment instrument; or

(e) a virtual asset under the law governing certain measures against the legalisation of proceeds from crime and terrorist financing.

(7) The value of non-cash wins shall be determined in accordance with the law governing the valuation of assets.

(8) The operator is obliged to pay the prize in the same currency as he accepted the related bet in the game.

§ 10a

Payment of winnings on user account

(1) An operator is obliged to pay a prize from a gambling game for which a user account is set up under this law without undue delay, but no later than 30 days from the date of its evaluation.

(2) Where a material item, service or cash paid as a rent is the subject of a win, the operator shall record it in the user account separately from the funds, together with a sufficiently specific description and value.

§ 10b

Payment of winnings if no user account is set up

(1) If a user account is not set up for a given type of gambling, the gambling participant may apply to the operator a claim to win no later than 1 year

(a) from the date of evaluation of the game of gambling,

(b) from the date of the end of the sale of lottery tickets as regards the win of the instant lottery; or

c) since the last day of the card tournament in terms of winning the card tournament.

(2) The operator shall be obliged to allow the claim to be exercised at least in the place where he accepts bets for this gambling game. The lottery operator may reasonably limit the range of places on which the winnings may be claimed in the game plan, taking into account the amount of money paid.

(3) If a gambling participant does not claim a win within the period referred to in paragraph 1, the right to win shall cease.

(4) An operator shall be obliged to pay the winnings without undue delay after the claim has been claimed, either at the place where the claim is claimed or by means of a cash transfer, provided that the gambling participant agrees to this or if the operator is obliged to do so under the law governing the restriction of cash payments.

(5) If, for an justifiable reason, a prize cannot be paid without delay, the operator shall be obliged to pay the prize no later than 60 days after the date of application of the claim. In that case, the operator shall issue to the gambling participant a certificate stating at least:

(a) operator identification data;

(b) identification of the gambling participant;

(d) a sufficiently specific description of the object of the prize, if it is a material object or service;

(e) reason for not paying the prize,

(f) information on:

1. The date and time from which the funds to be paid are prepared and the place of payment where the money is the subject of the prize and the prize is paid in cash,

2. The date and time from which the material item or the physical item or service is prepared and the place of transmission where the material item or service is the subject of the prize,

3. the unique identifier of the payment account to which the prize will be paid by a cash transfer and the date on which the payment order will be issued if the funds are the subject of the prize and the gambling participant agrees to the payment of the prize by a cash transfer to that payment account or if the operator is obliged to do so under the law governing the limitation of cash payments; or

4. the method of payment of the rent where the money paid as a rent is the subject of the prize;

(g) the date, time and place of issue of the certificate of entitlement to the prize;

(h) the name and, where applicable, the name, surname and signature of the natural person authorised by the operator to issue a certificate of entitlement to the prize.

(6) In the case of a live casino game, except for a card tournament, the operator is obliged to pay the win at the playing table of live games in value or playing chips without delay after evaluating the gambling game. Paragraphs 1 to 5 shall not apply to live casino games except card tournaments.

(7) Paragraph 5 shall not apply to a small scale raffle and tournament where a gambling participant claims to win immediately after an assessment of the gambling game.

§ 10c

Renta

(1) Where funds paid as a rent are the subject of a prize, the operator shall immediately deposit in custody all funds to be paid in such a way with the notary, lawyer, bank, foreign bank established in another Member State of the European Union or in a State party to the Agreement on the European Economic Area or a foreign bank based in a Member State other than the Member State of the European Union or in a State which is a party to the Agreement on the European Economic Area, if he carries on business in the territory of a Member State of the European Union or a State which is a party to the Agreement on the European Economic Area through his branch.

(2) The costs associated with the storage and payment of the rent are borne by the operator.

(3) The operator shall immediately pay the gambling participant all the money referred to in paragraph 1 if the gambling participant so requests. He is obliged to teach the gambler about this when he pays the prize.

(4) Paragraph 10b (5) shall apply mutatis mutandis to the request for payment of the entire amount retained.

§ 11

Silence

An operator and a natural person acting for it shall be obliged to maintain confidentiality regarding participants in a gambling game and their participation in a gambling game. The obligation to maintain confidentiality shall not apply to cases where a gambling participant relieves an operator or a natural person of an active obligation of confidentiality. The obligation of confidentiality may not be waived for the operator or the natural person acting for it before it is known whether the betting has won the prize in accordance with the game plan.

§ 12

General binding decree

Zobrazit všechna ustanovení (2110)

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Regulation Information

Citation	Act No. 186 / 2016 Coll., on gambling
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	15.06.2016
Effective from	01.01.2017
Effective until	-
Status	Valid

Legal Areas: Taxes Finance Civil law Civil law substantive Fees Administrative offences Administrative authorities Administrative law

The regulation text is for informational purposes only.