2018/0114/E
EC/EFTA
ES Spanien
  • H10 - Glücksspiele
2018-06-18
2018-03-22

Regulation of gambling in Valencia

Preliminary draft Act on gambling in Valencia

Given that the existing standard, Law 4/1988 of 3 June 1988, had become outdated, it was necessary to update it in line with the social, economic and technological advances in gambling activities that have taken place since it was drawn up.

The key features of the preliminary draft are as follows:

1. - Bringing together the administrative and fiscal aspects of gambling activities in a single text.

2. - Introducing regulations on online gambling in Valencia, stipulating that it must be organised by authorised companies whose Central Gaming Unit, as defined in the terms set out in the act, is based in the territory of Valencia.

3. - Defining the different jurisdictions with regard to gambling at state and autonomous community level. In accordance with Law 13/2011, gambling subject to state jurisdiction and regulations remain outside the scope of this act. However, the act stipulates, in accordance with the aforementioned law, that administrative authorisation from the Generalitat Valenciana is necessary in order to open physical premises and install equipment that makes it possible to participate in online gambling at state level. If such restricted gambling is made available on the premises of Loterías y Apuestas del Estado or Organización Nacional de Ciegos Españoles, it is not subject to any authorisation from the Generalitat Valenciana.

4. - Laying down the governing principles for gambling activities in general and for responsible gambling.

5. - Granting persons participating in games the right of recourse to the Consumer Arbitration System of Valencia as a system of extrajudicial conflict resolution.

6. - Controlling access to all gambling establishments, thus preventing access by minors and those listed in the Register of Persons Banned from Gambling.

7. - Validating the approvals and authorisations granted in other autonomous communities, provided they meet the requirements of the regulations in Valencia.

8. - Deregulating the casino market. Under the current restrictions, natural or legal persons who are shareholders and the companies themselves which are licensed to operate casinos can own a share of the capital of other companies licensed to operate casinos.

9. - Removing the restrictions on new casino owners. Under the current system, which is verging on a monopoly, casino owners are entitled to open up to seven additional premises. Given that this is a pre-requisite to launching a new call for tenders to open a casino, existing casino owners have been making energetic use of this option. Under the new legislation, casino owners have the option to open up to two additional premises in their region, and any limits or requirements have been removed with regard to the administration launching new calls for tenders.

10. - Making the market for installing type B machines more flexible. The authorisation period for installing machines has been reduced from 10 years to 5 years and authorisation extensions must now be expressly agreed and signed by both parties rather than being automatic.

11. - Prohibiting payouts for bets made in bars.

12. - Removing the product allocations for type B machines. The new regulation deregulates the sector and makes it possible for small operators to access the market.

13. - Revising the penalty system. The various types of infringement have been reclassified and the penalty amounts have been revised into bands corresponding to the type of infringement.

14. - Tax matters. The preliminary draft act brings together all of the existing regulations and reproduces the aspects governed at state level for the purpose of creating a single text.