ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
or in areas open to the public, or in private clubs and associations authori[s]ed pursuant to Articles 86 or 88, or limited to the machines referred to in paragraph 7, in travel[l]ing entertainment activities authorised pur- suant to Article 69, in compliance with the technical and administrative requirements in force”. These devices are divided into: • new slot/AWP machines (Article 110, paragraph 6a of TULPS and subsequent amendments); • VLTs (Article 110, paragraph 6b of TULPS) • amusement machines with no cash prizes (Article 110, paragraph 7 of TULPS). For the installation of AWP machines, the following are necessary: • permission/licence issued by the police (Article 86 of TULPS); • connection to an operator or ADM dealer; • a suitable location that complies with local regula- tions; • compliance with regional and municipal regulations regarding distance metres (minimum distances from schools, churches, hospitals, etc), time limits, and restricted areas; • subjective requirements of the owner (anti-mafia requirements, regular contributions/certificate of social security compliance ( documento unico di regolarità contributiva , or DURC), and the absence of any criminal convictions); • moral requirements of the owner (for a police licence); and • compliance with the maximum number of AWP machines per location (ie, between two and four AWP machines in bars, a maximum of two in tobacconists, and a greater number – depending on local regulations – in gaming halls) To install a VLT, it is necessary to: • be connected to an ADM VLT licensee (Lottomati- ca, Sisal, Gamenet-Intralot,Snaitech, etc); • have a police licence (Article 86 of TULPS); • have premises certified by the ADM and compliant with local regulations; • have a municipal business licence;
• demonstrate fulfilment of all subjective and anti- mafia requirements. VLTs can only be present in: • dedicated VLT halls (certified gaming halls); • bingo halls; and • betting shops/horse racing venues if authorised by the licensee.
3. Legislative Framework 3.1 Key Legislation
In Italy, gambling is prohibited unless it is authorised by the State. In fact, Article 718 of the Italian Criminal Code punishes with imprisonment for no less than three months and a fine no less EUR260 “whoever, in a public place or place open to the public, or in private circles of any kind, holds gambling or facilitates it”. Therefore, in Italy, a “State reserve” exists for the organisation of legal public gaming. In this regard, Arti- cle 1 of Legislative Decree No 496/1948 established that “the organisation and operation of games of skill, betting, and prediction contests, for which a reward of any kind is paid and for which participation requires the payment of a stake in money, are reserved to the State”. Article 2 of Legislative Decree No 496/1948 establishes that such activities “are entrusted to the Ministry of Finance, which may manage them either directly or through natural or legal persons who pro- vide adequate guarantees of suitability”. Consequently, given the flexible nature of the State’s reserve for gaming and betting pursuant to Legislative Decree No 496/1948, the Italian model for operating public gaming with cash prizes is based on: • the concession issued by the ADM after a public tender (see 4. Licensing and Regulatory Frame- work ); and • the licence pursuant to Articles 86 and 88 of TULPS issued by the police headquarters or the mayor for the authorisation to open and manage the physical premises (halls, betting shops, bars, tobacconists, etc) in which the game is played (see 4.10 Personal Licensing ).
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