ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
their profession; (d) demonstrate the absence of anti-mafia impedi- ments (when required). • Venue/structure requirements ‒ the venue must: (a) be intended for commercial/entertainment use (urban planning and building inspection); (b) comply with safety regulations (electrical sys- tem, escape routes, fire extinguishers, signage, etc); (c) hold a fire prevention certificate ( segnalazione certificata di inizio attività , or SCIA) if larger than 200 square metres with a capacity of more than 100 people; (d) ensure that any amusement machines (includ- ing those with cash prizes) installed are con- nected by authorised dealers registered in the Register of Authorised Operators ( Registro Informatico Elenco Soggetti , or REIS) of the ADM; and (e) verify minimum distances from “sensitive loca- tions” (schools, churches, youth centers) if required by regional or municipal legislation. The above-mentioned licence must be held by: • personnel directly involved in gaming management. The application must be submitted (in the case of a company) by the legal representative, by the individ- ual/natural person who owns the sole proprietorship or by a specially designated delegate via proxy to the SUAP competent for the territory in which the activity takes place or the business is located. The application must contain the following documents: • declaration of possession of the prerequisites; • declaration by the representative of lawful games; • certification of stamp duty payment; • certification of payment of charges and fees; • identity documents of the interested parties; • plan of the premises; and • directors and the board of directors; • gaming room or platform managers; • AML managers; • IT systems managers; • personnel supervisors; and • authorisation application; • special power of attorney;
• fire prevention certificate (SCIA). Those public places, once the aforementioned licence has been obtained, enter into a connection contract with an authorised ADM licensee who supplies and manages the machines. The fees for obtaining the aforementioned licence vary depending on the municipality, the local police head- quarters, or the region. The fees are often depend- ent on the location, type of business, number of machines, and local requirements. By way of example, in the Municipality of Rome, the stamp duty starts at approximately EUR16. Furthermore, there may be “additional costs” decided annually by the municipality, which vary depending on the type and size of the business. Finally, for a betting licence pursuant to Article 88 of TULPS, minimum distances from “sensitive locations” and other checks must be respected. This means that the cost may also depend on these local requirements. For simple affiliated points of sale, the cost is limited to administrative expenses and the contract with the dealer. For the aforementioned licences, there are no fixed annual costs other than the costs for obtaining them and taxes/levies (see 12. Tax ). In the event of violations of the aforementioned licenc- es and/or non-compliance of AWP machines and VLTs with current regulations, the following penalties are applicable pursuant to Article 110, paragraph 9 of TULPS: • an administrative fine of EUR1,000 to EUR6,000 for each machine for anyone who manufactures or imports the aforementioned machines and devices (paragraphs 6 and 7 of Article 110) that do not comply with the characteristics and requirements indicated therein; • an administrative fine of EUR500 to EUR3,000 for each machine for anyone who manufactures or imports the aforementioned machines and devices
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