MONTENEGRO Law and Practice Contributed by: Luka Popović and Milana Savović, BDK Advokati
• the exchange of a prize in goods or a service obtained in games of chance for the monetary equivalent of the goods or service received; • organising games of chance without obtaining a licence in advance; • organising games of chance in which the same conditions are not guaranteed to all players; • having gaming machines or tables for which the Games of Chance Administration has issued an approval, but which have not been put into operation in the premises where special games of chance are organised; • having equipment for organising betting, or games of chance on gaming machines, in premises where special games of chance are organised, which does not allow for the storage, archiving, and elec- tronic exchange of data with the software solution of the administrative authority, after its commercial use has been permitted by a decision of the com- petent authority; • organising betting by an operator who is the owner or co-owner of a sports club on events in which that sports club participates; • organising games of chance related to the results of parliamentary, local, and presidential elections, for presidents of the member states of the EU, for members of Parliament, for representatives in the EU Parliament, and for members of representative bodies of units of local self-government; • organising games of chance related to sports events involving teams composed of persons under 18 years of age; • the sale, possession, commercial transfer, leasing, advertising, and any form of promotion of lottery games of chance organised by business entities without the approval of the competent authority; and • any advertising of games of chance on sports equipment in all sports categories involving partici- pants under the age of 18. 3.6 Penalties for Unlawful Gambling Organising games of chance without an approval of the Games of Chance Administration is a criminal offence punishable by a monetary fine or imprison- ment for up to three years. In addition, if in such a case the provider of games of chance or the player uses deception, they can be punished by imprisonment for
between three months and five years. Furthermore, a monetary fine or a penalty of imprisonment for up to two years can be imposed for the unauthorised sale of gambling tickets or collection of payments for games organised abroad. Additionally, licensed organisers of games of chance that breach various requirements of the Montenegrin Games of Chance Act can be fined up to EUR20,000 for a misdemeanour. Furthermore, licences may be revoked in one of the following cases: • where the operator ceases to meet the require- ments for obtaining the licence; • where the licence was granted on the basis of incorrect data; • where the casino operator did not start operations in the casino after relocation within 90 days of obtaining approval for relocation; • where the operator breaches the rules of games of chance; • where the operator fails to pay duties under the Games of Chance Act or fails to pay winnings to players; • where the operator does not allow, or otherwise prevents, supervision to be performed in accord- ance with the Games of Chance Act, or makes the supervision difficult; • where the operator incorrectly reports the realised turnover; • where the operator lends money to players; • where a minor was found present as a player in a premises where games of chance are organised (betting shop, casino, gaming machine club); • where the operator violates the provisions of the Act on Prevention of Money Laundering and Financing of Terrorism; • where bankruptcy or liquidation proceedings have been initiated against the operator pursuant to the law governing bankruptcy and liquidation; • where the operator does not have a guarantee from a credit institution with a registered office in Montenegro; • where the merger of commercial entities is carried out in a manner that is not in compliance with the Games of Chance Act; and
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