ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
(paragraphs 6 and 7 of Article 110) without the authorisations required by current provisions; • administrative fine of EUR4,000 for each device for use in public places or places open to the public or in clubs and associations of any kind of the afore- mentioned devices or mechanisms (paragraphs 6 and 7 of Article 110) not complying with the char- acteristics and requirements indicated therein; • an administrative fine of EUR500 to EUR3,000 for each device for use in public places or places open to the public or in clubs and associations of devic- es and equipment referred to in paragraphs 6 or 7 of Article 110 for which the authorisations required by current provisions have not been issued; • in cases of repeated violations, the ADM may not issue new authorisations for a period of five years; • an administrative fine of EUR1,500 to EUR15,000 and/or EUR5,000 to EUR50,000 for each device for anyone within the national territory who distrib - utes, installs, or permits the use in public places or places open to the public or in clubs and associa- tions of devices referred to in Article 110 without the required authorisations. In addition to the aforementioned fines, violations of Article 110 and Articles 86 to 88 of TULPS also entail additional penalties, such as: • suspension and/or revocation of the licence; • confiscation pursuant to Article 20, paragraph 4 of Law 689/1981 – the same order may order the destruction of the equipment and devices, in accordance with the procedures established therein; • closure of the gaming hall/commercial premises; • cancellation from the RIES by the ADM for betting centres operating without a licence pursuant to Article 88 of TULPS or without a state concession.
For AWP machines and VLTs (pursuant to Article 110, paragraph 6a and b and paragraph 7 of TULPS), a licence is also required for: • production or importation activities; • distribution and management activities; • indirect activities and installation in commercial or public establishments, other than those already in possession of other aforementioned authorisations or referred to in Article 88; or • installation in other premises open to the public or in private clubs. For a B2C operator in the gaming sector in Italy (ie, a company offering games to the public, both online and land-based), the following are required: • the ADM concession, which authorises the licen- see (eg, Lottomatica, Sisal, Snaitech, Eurobet) to offer land-based and online games (casino, poker, bingo, remote slots), manage a network of betting shops, operate AWP machines/VLTs (if a network licensee), bingo and lotteries (for a few large opera- tors) on behalf of the State; and • the licences pursuant to Articles 86 and 88 of TULPS, which authorise physical points of sale to operate in Italy. 6. Online Gambling 6.1 B2C Licences The requirements for obtaining an ADM concession following a public tender and/or a TULPS licence are the general requirements described in 4.6 Application Requirements and 4.10 Personal Licensing . The duration of a concession varies depending on the type of licence (see 4.5 Duration of Licences ). The costs for an ADM concession and/or a TULPS licence are general (see 4.8 Application Fees , 4.9 Ongoing Annual Fees , and 4.10 Personal Licensing ). The annual costs for a B2C operator are as follows: • gaming taxes (varies by category); • annual ADM contribution; and
5. Land-Based Gambling 5.1 Premises Licensing
The requirements for issuing a land-based authori- sation include the public concession issued by the ADM following the award of a public tender and the authorisation/licence pursuant to Article 86 or Article 88 of TULPS (see 4.10 Personal Licensing ).
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