Act No 188 / 2016 Coll.
Law amending certain laws in connection with the adoption of the Gaming Act and the Gaming Tax Act
Valid
Law
Effective from 01.01.2017
Text versions:
01.01.2017
15.06.2016
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠17c
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
㤠5j
Čl. IX
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
㤠60
ČÁST DVANÁCTÁ
Čl. XIV
Čl. XV
ČÁST TŘINÁCTÁ
Čl. XVI
ČÁST ČTRNÁCTÁ
Čl. XVII
ČÁST PATNÁCTÁ
Čl. XVIII
㤠41
ČÁST ŠESTNÁCTÁ
Čl. XIX
ČÁST SEDMNÁCTÁ
Čl. XX
ČÁST OSMNÁCTÁ
Čl. XXI
ČÁST DEVATENÁCTÁ
Čl. XXII
ČÁST DVACÁTÁ
Čl. XXIII
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188
THE LAW
of 26 May 2016
amending certain laws in connection with the adoption of the Gaming Act and the Gaming Tax Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 4 (1) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended by Act No. 60 / 1988 Coll., Act No. 203 / 1990 Coll., Act No. 288 / 1990 Coll., Act No. 575 / 1990 Coll., Act No. 474 / 1992 Coll., Act No. 21 / 1993 Coll., Act No. 135 / 1996 Coll., Act No. 15 / 1998 Coll., Act No. 63 / 2000 Coll., Act No. 421 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 295 / 2009 Coll., Act No. 399 / 2012 Coll., and Act No. 377 / 2015 Coll., the words "for lottery and others' are replaced by the word" gambling '.
Amendment of the Trade Act
In Article 3 (3) (b) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 286 / 1995 Coll., the words "Organisation of Lottery and other similar" are replaced by the words "Operation of Gambling."
footnote 14 is deleted, including the footnote reference.
Amendment of the municipal police law
In Act No. 553 / 1991 Coll., on Municipal Police, as amended by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 267 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 494 / 2012 Coll., Act No. 303 / 2009 Coll., Act No. 64 / 2014 Coll., Act No. 204 / 2015 Coll., Act No. 17c, Act No. 26 incl.
Entry authorisation
(1) In the performance of the task of the municipal police, the officer is entitled to enter the business premises, the gambling hall, the casino and other premises where gambling plays are carried out (26), in the sales or operating hours of all premises intended for customers.
(2) In carrying out the task of the municipal police, the officer is entitled to enter a business establishment, a gambling centre, a casino and other gambling premises, even after the end of the sales or operational period, provided that:
(a) this is necessary to ensure public order; or
(b) it may be reasonably considered that they are sold or administered to a person under the age of 18.
1. alcoholic beverages, or they are otherwise allowed to be consumed by that person; or
2. tobacco products, tobacco products, herbal products intended for smoking, electronic cigarettes or their substitutes, or otherwise permitted for use by that person.
(3) In carrying out the task of municipal police, the officer is entitled to enter the gambling hall, the casino and other premises where gambling is carried out, even after the end of sales or operating hours, even if he may have reason to be involved in gambling here by a person under the age of 18.
(4) Everyone shall be obliged to allow the officer to enter the places referred to in paragraphs 1 to 3. This shall be without prejudice to the arrangements for entry into dwellings, other premises or land.
(5) If it is not otherwise possible to achieve the task of the municipal police, the officer shall be entitled to open or otherwise arrange access to these places in order to enter the places referred to in paragraphs 2 and 3, if necessary, using force.
26) Act No. 186 / 2016 Coll., on gambling. '.
Amendment of the Act on the State Fund for Culture of the Czech Republic
In § 7 (h) of Act No. 239 / 1992 Coll., on the State Fund of Culture of the Czech Republic, the words "and lotteries" are deleted.
Amendment of the Income Tax Act
Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 6, No 6, No 6, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 6, No 5, No 6, No 6, No 6, No 6, No 5, No 2004, No 6, No 5, No 2006, No 2006, No 5, No 6, No 6, No 5, No 5, No 6, No 5, No 5,
1. In Article 4 (1) (f) (3), the words "in the absence of a consumer lottery 'are deleted.
2. in Paragraph 10 (1) (h):
"(h) gambling wins,"
3. In Paragraph 10 (1), the words "winnings from advertising competitions and advertising compositions," shall be inserted at the beginning of (ch).
4. in Paragraph 10 (3) (b):
"(b) winnings from
1. raffle with game security up to CZK 100,000 according to the gambling law,
2. gambling operated on the basis of a declaration under the gambling law, if its operation was not prohibited by the municipal authority,
3. gambling operated under a basic permit under a gambling law; or
4. gambling operated under legislation similar to a gambling law issued in a Member State of the European Union or in a State forming the European Economic Area; '.
footnote 12 is deleted.
5. In the third sentence of Article 10 (4), the words "(h) and 'are deleted.
6. In the third sentence of Article 10 (8), "(f) to (ch) 'is replaced by" (f), (g), (ch)';
7. In Paragraph 20 (8), the fifth sentence is deleted.
8. In Paragraph 22 (1) (g) (8), the words "in lotteries, betting and other similar games' are replaced by" from gambling '.
9. in Article 24 (2) (u), the words "(h) and" shall be deleted;
10. in Article 36 (2), point (k) is deleted;
Points (l) to (v) shall be renumbered as points (k) to (u).
11. in Article 36 (2) (k), the words "from advertising competitions and compositions" shall be inserted after the words "persons."
12. in Paragraph 36 (3), the word "m)" is replaced by the word "l)."
13. in Paragraph 38d (4) (a) of the introductory part of the provision, the word "(p)" is replaced by "(o)."
Transitional provision
For taxes on income taxes for the tax period before the date of entry into force of this Act and for the tax period which began before the date of entry into force of this Act and the rights and obligations relating thereto, Act No. 586 / 1992 Coll., as effective before the date of entry into force of this Act, shall apply.
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 36 / 2008 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 214 / 2003 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 227 / 2003 Coll.
1. In Article 3b, "(a) to (g) 'is replaced by" (a), (b), (d) to (g)';
2. Paragraph 23 (1) reads as follows:
"(1) Supervision of compliance with the obligations laid down by this Act shall be carried out by the Czech Trade Inspection16), with the exception of supervision under paragraphs 2 to 4, 7 to 11, 15 to 17 and 19."
3. In Article 23, the following paragraph 19 is added:
"(19) Supervision of compliance with the obligations laid down in § 3, § 3a, § 4 to 6, § 9, § 11, § 11a, § 13, § 16 and § 19 shall be carried out by the customs authorities when gambling."
Amendment to the Advertising Regulation Act
Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended, as amended, Act No. 258 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 255 / 2001 Coll., Act No. 375 / 2001 Coll., Act No. 138 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 132 / 2003 Coll., Act No. 132 / 2004 Coll., Act No. 28 / 2011 Coll., Act No. 326 / 2004 Coll., Act No. 480 / 2004 Coll., Act No. 36 / 2008 Coll., Act No. 296 / 2008 Coll., Act No. 444 / 2008 Coll., Act No. 25 / 2006 Coll.
1. in Article 2 (1) (f), the words "lotteries and other similar games which have not been authorised or reported under special legislation38)" shall be replaced by the words "gambling without basic authorisation under the gambling law."
2. The following Section 5j is inserted after Section 5i, including the title:
Gambling
(1) Advertising of gambling encouraging participation in gambling must not contain a communication from which it can be perceived that participation in gambling may be a source of funding equivalent to the acquisition of income from dependent, independent or other similar activities.
(2) Advertising of gambling must not be aimed at persons under the age of 18, in particular by displaying such persons or by using the elements, means or actions that address such persons.
(3) Advertising of gambling must include a communication on the prohibition of gambling participation of persons under 18 years of age and a visible and clear warning of the following: "The Ministry of Finance warns: participation in gambling may result in addiction!."
3. In Paragraph 6b (2), the words "lotteries and other similar games which have not been authorised or notified under special legislation 38) 'are replaced by the words" a gambling game operated without a basic authorisation under the gambling law'.
footnote 38 is deleted.
4. in § 7 (h):
"(h) the customs authorities for advertising, promotion or promotion of gambling prohibited under the gambling law and sponsorship in this field, with the exception of the scope referred to in (a),"
5. In Article 8 (1) (l), the words "lotteries and other similar games not authorised or not notified under special legislation 38) 'are replaced by the words" a gambling game operated without a basic authorisation under the gambling law'.
6. In Article 8 (2) (b), the words "or § 5j 'shall be inserted after the words" § 5i'.
7. in Paragraph 8a (1) (o), the words "lotteries and other similar games not authorised or not notified under special legislation (38)" shall be replaced by the words "gambling without a basic authorisation under the gambling law";
8. In Article 8a (2) (d), the words "or § 5i 'are replaced by the words", § 5i or § 5j'.
9. in Paragraph 8a (2) (k), the words "lotteries and other similar games not authorised or not notified under special legislation38" shall be replaced by the words "gambling without basic authorisation under the gambling law."
10. in Article 8a (3), the words "or is contrary to § 5j" shall be added at the end of the text of point (a).
11. in Article 8a (3) (j), the words "lotteries and other similar games not authorised or not notified under special legislation (38)" shall be replaced by the words "gambling without basic authorisation under the gambling law."
This part of the Act was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, as amended.
Amendment of the State Social Support Act
In Article 5 (1) (a) (4) of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 252 / 2014 Coll., the words "lotteries, betting and other similar 'are replaced by the words" gambling'.
Amendment to the law on the execution of prison sentences
In Article 28 (3) (d) of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and amending certain related acts, as amended by Act No. 52 / 2004 Coll., the words "lotteries and other similar games, 11) 'are replaced by the words" gambling,'.
footnote 11 is deleted.
Amendment of the Excise Tax Act
Act No. 558 / 2004 Coll.
(1) Paragraph 113, including footnote 62, is deleted.
2. § 135zj is deleted;
Amendment of the Value Added Tax Act
Act No. 35 / 2004 Coll., Act No. 35 / 2004 Coll., Act No. 57 / 2011 Coll., Act No. 124 / 2005 Coll., Act No. 109 / 2006 Coll., Act No. 489 / 2009 Coll., Act No. 120 / 2010 Coll., Act No. 172 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 70 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 125 / 2008 Coll.
1. in Paragraph 51 (1) (k), the words "lotteries and similar" shall be replaced by "gambling."
2. Paragraph 60, including the title, reads:
Operation of gambling
For the purposes of this Act, the operation of gambling shall mean the operation of gambling under the gambling law, with the exception of services related to the operation of gambling by other persons for operators. '
footnote 48 is deleted.
Amendment of the Administrative Charges Act
Item 21 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 458 / 2011 Coll., reads:
"Heading 21
| Přijetí žádosti o | |
| a) vydání základního povolení k provozování hazardní hry | Kč 5 000 |
| b) změnu základního povolení k provozování hazardní hry, týká-li se tato změna hazardní hry, k níž je povolení vydáno, nebo podmínek jejího provozování | Kč 3 000 |
| c) povolení k umístění herního prostoru | Kč 4 000 |
| d) změnu povolení k umístění herního prostoru, týká-li se tato změna hazardní hry, k níž je povolení vydáno, nebo podmínek jejího provozování | Kč 2 500“. |
Transitional provisions
1. For fee obligations under item 21 of the Annex to Act No. 634 / 2004 Coll., as effective before the date of entry into force of this Part, as well as for rights and obligations related thereto, arising before the date of entry into force of this Part, Act No. 634 / 2004 Coll., as effective before the date of entry into force of this Part, shall apply.
2. In case of acceptance of an application for authorisation to operate a lottery or other similar game or an application to change the authorisation to operate a lottery or other similar game pursuant to Act No. 202 / 1990 Coll., as amended, from the date of entry into force of this Part until the date of entry into force of this Act, Act No. 634 / 2004 Coll., as effective before the date of entry into force of this Part, shall apply.
Change of aid law in material emergency
In Article 55 of Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 585 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 382 / 2008 Coll., Act No. 479 / 2008 Coll., Act No. 206 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 303 / 2013 Coll., Law No. 344 / 2013 Coll., and Act No. 205 / 2015 Coll., at the end of paragraph 3, Point (j) is replaced by:
"(j) to the Ministry of Finance, the data needed to keep a register of natural persons excluded from gambling under the gambling law."
Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 377 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 257 / 2014 Coll., Act No. 166 / 2015 Coll., Act No. 377 / 2015 Coll., is amended as follows:
1. in Paragraph 2 (1) (c):
"(c) the holder of a permit to place a game space under the gambling law,"
2. in Paragraph 35 (1) (b):
"(b) administrative offices which are competent to comply with the gambling law of holders of permits to place the gambling area referred to in Article 2 (1) (c),"
Amendment to the Police Act of the Czech Republic
In Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended by Act No. 41 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 150 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 459 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 273 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 318 / 2015 Coll. and Act No. 51 / 2016 Coll., Section 41 including the title and footnote No. 35 read:
Entry authorisation
(1) A police officer is entitled to enter, in the performance of a police task, a business establishment, a gambling centre, a casino and other gambling premises (35), into premises where natural persons may reasonably be present even after the end of their sales or operating hours.
(2) A police officer shall be entitled to enter a business establishment, a gambling room, a casino and other premises where gambling is carried out, even after the end of sales or operating hours, even if:
(a) this is necessary to ensure public order; or
(b) it may be reasonably considered that they are sold or administered to a person under the age of 18.
1. alcoholic beverages, or they are otherwise allowed to be consumed by that person; or
2. tobacco products, tobacco products, herbal products intended for smoking, electronic cigarettes or their substitutes, or otherwise permitted for use by that person.
(3) The police officer is entitled to enter the gambling room, the casino and other premises where gambling is held, even after the end of sales or operating hours, even if he may have reason to believe that a person under the age of 18 is involved.
(4) Everyone shall be obliged to allow the officer to enter the places referred to in paragraphs 1 to 3. This shall be without prejudice to the arrangements for entry into dwellings, other premises or land.
(5) If the police cannot otherwise achieve the task, the police officer shall be entitled to open or otherwise arrange for access to the posts referred to in paragraphs 1 to 3, if necessary, using force.
35) Act No. 186 / 2016 Coll., on gambling. '.
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 390 / 2012 Coll., Act No. 259 / 2013 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 241 / 2013 Coll., Act No. 47 / 2016 Coll., Act No. 150 / 2016 Coll.
1. In Section 252, the words "lottery and similar betting 'are replaced by" gambling'.
2. In Article 252 (1), "lottery or similar betting 'is replaced by" gambling'.
3. In Paragraph 363 (2), the words "lottery and similar betting 'are replaced by" gambling'.
Amendment of the Freedom to Movement of Services Act
In Article 2 (1) of Act No 222 / 2009 Coll., on the Free Movement of Services, as amended by Act No 247 / 2011 Coll., paragraph h:
"(h) gambling,"
footnote 8 is deleted.
Amendment of the Act on the Financial Administration of the Czech Republic
Act No. 456 / 2011 Coll., on the Financial Administration of the Czech Republic, as amended by Act No. 458 / 2011 Coll., Act No. 407 / 2012 Coll., Act No. 164 / 2013 Coll., Act No. 241 / 2013 Coll., Act No. 344 / 2013 Coll., Act No. 250 / 2014 Coll., Act No. 267 / 2014 Coll. and Act No. 377 / 2015 Coll., is amended as follows:
1. in Paragraph 10 (1), point (e) is deleted;
Points (f) to (h) shall be renumbered as points (e) to (g).
2. in Article 11 (2), point (h) is deleted;
Point (i) shall be renumbered as point (h).
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠17c
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
㤠5j
Čl. IX
ČÁST OSMÁ
Čl. X
ČÁST DEVÁTÁ
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
㤠60
ČÁST DVANÁCTÁ
Čl. XIV
Čl. XV
ČÁST TŘINÁCTÁ
Čl. XVI
ČÁST ČTRNÁCTÁ
Čl. XVII
ČÁST PATNÁCTÁ
Čl. XVIII
㤠41
ČÁST ŠESTNÁCTÁ
Čl. XIX
ČÁST SEDMNÁCTÁ
Čl. XX
ČÁST OSMNÁCTÁ
Čl. XXI
ČÁST DEVATENÁCTÁ
Čl. XXII
ČÁST DVACÁTÁ
Čl. XXIII
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Regulation Information
| Citation | Act No. 188 / 2016 Coll., amending certain laws in connection with the adoption of the Gaming Act and the Gaming Tax Act |
|---|---|
| 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:
Security
Taxes
Finance
Culture
International law
International public law
Power of executive and government authorities
Civil law
Civil law substantive
Commercial law
Fees
Social security law
Advertising, Marketing, Promotion
Budget
Self-administration
Social Services, Social Assistance
Administrative law
Government
Criminal law
Criminal law
Constitutional (state) law
Business
The regulation text is for informational purposes only.
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