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Gambling License Malta: Malta Lotteries and other Games Act

SECOND SCHEDULE

Article 38 – Commercial tombola games in tombola (bingo) halls

Duration and renewal of licence.

1. (1) A yearly tombola (bingo) hall licence shall be issued for an effective term of one year.

(2) A seasonal tombola (bingo) hall licence shall be issued for an effective term of six months.

(3) Unless it is previously cancelled, a yearly tombola (bingo) hall licence may be renewed by the Authority for further periods of one year each, and a seasonal tombola (bingo) hall licence may be renewed by the Authority for further periods of six months each.

(4) Any such renewal as is mentioned in sub-item (3) hereof is subject to compliance by the tombola (bingo) hall licensee, during the immediately preceding original or renewed term of the licence, with the provisions of this Act and of any regulations made thereunder, and with the terms and conditions of the licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee, and subject to the acceptance by the Authority of the written application for such renewal made by the licensee to the Authority by such date before the expiry of the immediately preceding original or renewed term of the licence as the Authority has specified in the licence, and containing such information as the Authority has specified therein as necessary or expedient to enable it determine whether to renew the said licence.

(5) After the submission of an application for the renewal of a tombola (bingo) hall licence, the Authori ty may require the applicant to provide such other information, in addition to that provided together with the application, as may be deemed necessary for the purpose of determining the said application.

Application for a licence.

2. (1) An application for a tombola (bingo) hall licence shall be made by, or on behalf of, the company registered in Malta which intends to operate commercial tombola games in a tombola (bingo) hall, in the form and manner required by the Authority.

(2) Such application shall at least contain the following information:

• the name, registered office and registration number of the applicant company and the address in Malta for the service of documents on the applicant company;
• a description of the location, layout and specifications of the premises in respect of which the application is made;
• the dates or days of the week, and the tombola (bingo) sessions or times during such dates or days, on and during which commercial tombola games are to be operated; and
• the rules and regulations regarding the procedures for operating and playing the commercial tombola game, the winning combinations, the elements of the tombola game, the proposed procedures for the printing, procurement, distribution, use and sale of tombola scorecards and tombola scoresheets, the number, type and specifications of gaming devices to be used in operating and playing the game, the selling price of tombola scorecards and tombola scoresheets proposed to be applied, the proposed prizes, the proposed procedures for payment and distribution of prizes, the proposed procedures for making reimbursements to players, the proposed procedures for keeping registers recording the tombola games played and the proposed measures to ensure the regular operation and playing of the tombola game.

(3) Such application shall contain or be accompanied by –

1. copy of the certificate of registration and of the memorandum and articles of association of the applicant company;
2. site plan of the premises in respect of which the application is made;
3. a certificate indicating the safety of the premises against fire and other accidents; and
4. such other information, documents and particulars as the Authority may require or as may be prescribed by regulations. (4) After the submission of an application for a tombola (bingo) hall licence, the Authority shall have the power to require the applicant to provide such other information in addition to that provided together with the application as it shall deem necessary for the purpose of determining the said application.

Grant of a licence.

3. The Authority shall not issue a tombola (bingo) hall licence to a person unless that person is a company registered in Malta and the Authority is satisfied that –

• the voting share capital of the company is owned directly or indirectly by a person or persons who are fit and proper to benefit from the operation by the company of commercial tombola games and to exercise their rights of membership in such manner as to ensure the proper operation by the company of commercial tombola games;
• the director or directors of the company are fit and proper to manage the company and to exercise their functions and duties as directors in such manner as to ensure the proper operation by the company of commercial tombola games;
• the company has the financial and technical means and the expertise necessary to properly operate commercial tombola games and to fulfil all its obligations under this Act;
• the company will, prior to the commencement of operations, take out and thereafter maintain, the bank guarantee referred to in item 6 of this Schedule as provided and in accordance with the said item 6; and
• the company will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.

Form of licence.

4. (1) The tombola (bingo) hall licence shall be in such form as the Authority may determine or as may be prescribed by regulations.

(2) The grant of a tombola (bingo) hall licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law.

Licence conditions and variations or revocations thereof.

5. (1) In granting a tombola (bingo) hall licence the Authority may subject it to such conditions as it may deem appropriate, including conditions relating to the maintenance of a tombola game centralised control system, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions:

Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in a tombola (bingo) hall licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee by notice in writing of its intention to vary the said condition or to impose the said new condition, and call upon the said licensee to show cause, within such period being not less that twentyone days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the Authority shall consider any response made by the licensee within the period specified in the notice before varying the condition or before imposing the new condition. ^

(2) Conditions in a tombola (bingo) hall licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.

(3) A tombola (bingo) hall licence may impose conditions requiring the licensee –

1. to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and
2. to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4) A tombola (bingo) hall licence shall be deemed to include a condition requiring the licensee to obtain the consent of the Authority before entering into any arrangement with any person, other than an employee of the licensee, for the operation of commercial tombola games within the tombola (bingo) hall in respect of which the tombola (bingo) hall licence has been granted to such licensee.

(5) A tombola (bingo) hall licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act. Requirement of bank guarantee.

6. (1) A tombola (bingo) hall licence shall include a condition requiring the licensee to take out, prior to the commencement of operations, a bank guarantee, to be issued by a bank or by a credit or financial institution acceptable to the Authority, in favour of the Authority and on its own behalf and on behalf of the Government, to the amount of twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), for securing –

1. the payment and distribution of prizes by the licensee to winners of commercial tombola games operated under the licence;
2. the payment of fees, taxes, duties or any other sums payable by the licensee to the Authority in terms of item 5(5) of this Schedule;
3. the payment by the licensee of any fines or administrative penalties imposed on it under Part XII or under regulations made under this Act.

(2) The bank guarantee shall become payable to the Authority on its first demand, and it shall not be incumbent upon the relative bank, credit or financial institution which issued the bank guarantee to verify whether such demand is justified.

(3) The bank guarantee shall remain valid until the expiry of one year from the expiry of the licence or until such time as the Authority considers and notifies the licensee in writing that such bank guarantee is no longer required, whichever is the earlier.

(4) The bank guarantee shall be subject to such other terms and conditions as may be specified in the licence or as may be prescribed by regulations made under this Act.

Changes in ownership and management etc.

7. (1) (a) Without prejudice to the provisions of item 8 of this Schedule, it shall be the duty of the tombola (bingo) hall licensee and of the directors thereof, to inform the Authority of any change in, or in the direct or indirect ownership of, the voting share capital of the licensee, or of any change in the management or Board of Directors of the licensee, within five days of such change. It shall also be the duty of the licensee and of its directors to inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 2(2), (3) and (4) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the tombola (bingo) hall licence, as soon as they become aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the tombola (bingo) hall licence, it would have disqualified the licensee from obtaining a licence in terms of item 3 of this Schedule, the Authority shall by notice inform the licensee accordingly, and if the situation shall not have been remedied to the satisfaction of the Authority within one calendar month from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 10 of this Schedule:

Provided that the Authority shall not issue a notice as aforesaid any later than three calendar months after being informed by the licensee or its directors of the change in accordance with paragraph (a) hereof.

(2) Failure by the licensee or the directors thereof to comply with the provisions of sub-item (1)(a) hereof shall constitute an offence against this Act.

Assignment or surrender of licence and transfer of controlling interests.

8. (1) It shall be the duty of a tombola (bingo) hall licensee to obtain the prior approval in writing of the Authority before taking any of the actions set out in paragraphs (a) to (f) of sub-item (2) of this item 8, and if such approval is given, the licensee may then take any of the said actions only subject to such terms and conditions as may be specified by the Authority in its approval. A tombola (bingo) hall licensee who acts in breach of the provisions of this sub-item (1) shall be guilty of an offence against this Act. It shall be the duty of all the directors of the licensee to inform the Authority forthwith upon becoming aware that the licensee intends to take any of the said actions, and in default they shall be guilty of an offence against this Act.

(2) The actions referred to in sub-item (1) of this item 8 are:

1. the transfer or assignment of the tombola (bingo) hall licence by the tombola (bingo) hall licensee to any other person;
2. the sale or other disposition by the tombola (bingo) hall licensee of its business, whether in whole or in part;
3. the merger by the tombola (bingo) hall licensee with any other company;
4. the tombola (bingo) hall licensee undergoing any reconstruction, division or any conversion of its status from a company into any other kind of commercial partnership;
5. the reduction of the nominal or issued share capital of the tombola (bingo) hall licensee or the increase or reduction of its voting share capital or any material change in voting rights in such licensee; or
6. the surrender of the tombola (bingo) hall licence by the tombola (bingo) hall licensee during the licence term.

(3) It shall be the duty of any person who holds or owns a controlling interest in a tombola (bingo) hall licensee to obtain the prior approval in writing of the Authority before transferring such controlling interest to any other person, or such part thereof as would cause him to cease to hold or own a controlling interest in the licensee or as would cause the transferee to acquire a controlling interest in the licensee, and if such approval is given, the said person may then transfer such controlling interest or part thereof as aforesaid only subject to such terms and conditions as may be specified by the Authority in its approval. A person who acts in breach of the provisions of this sub-item (3) shall be guilty of an offence against this Act. It shall be the duty of the tombola (bingo) hall licensee and of all the directors thereof to inform the Authority forthwith upon becoming aware that any person who holds or owns a controlling interest in the licensee intends to transfer such controlling interest or part thereof as aforesaid to any other person, and in default they shall be guilty of an offence against this Act.

(4) For the purposes of this sub-item (3) and of any other provision of this Schedule which makes reference to this sub-item (3), “controlling interest in a tombola (bingo) hall licensee” means a direct shareholding in a tombola (bingo) hall licensee which represents at least twenty per centum of the voting share capital issued by such licensee.

If a tombola (bingo) hall licensee takes any of the actions set out in paragraphs (a) to (e) of sub-item (2) of this item 8, or if a person referred to in subitem (3) of this item 8 effects a transfer of a controlling interest in the licensee or part thereof as referred to in the said sub-item (3) to any other person, without the prior approval in writing of the Authority, or in breach of any terms and conditions specified by the Authority in any such approval, the Authority may, without prejudice to its powers under items 9 and 10 of this Schedule – issue a directive declaring such action or transfer to be void and of no effect, which directive shall be effective against all persons involved in such action or transfer notwithstanding the provisions of any other law< and, or issue a directive to such licensee or, as the case may be, to such person to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee or, as the case may be, such person shall comply with any such directive issued to it by the Authority in terms of paragraph (b) of this sub-item (4), failing which it shall be guilty of an offence against this Act. Grounds for cancellation or suspension of licence.

9. The Authority may order the cancellation or suspension of a tombola (bingo) hall licence on any of the following grounds:

1. any director or manager of the licensee is convicted of an offence against this Act, or of
2. the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of any condition in the tombola (bingo) hall licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it;
3. the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
4. the licensee fails to fulfil his financial commitments when they become due and payable;
5. the licensee fails to take out and maintain the required bank guarantee as provided and in accordance with item 6 of this Schedule; (f) the licensee is being wound up;
6. any person as is referred to in item 8(3) of this Schedule transfers a controlling interest in the licensee or such part thereof as referred to in the said item 8(3) to any other person, without the prior approval in writing of the Authority as required by the said item 8(3), or in breach of any terms and conditions specified by the Authority in any such approval; or
7. the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the tombola (bingo) hall licence, or it reasonably deems it necessary in the national interest to cancel or suspend the tombola (bingo) hall licence.

Procedures for the cancellation or suspension of licence.

10. (1) Where a ground for cancellation or suspension of a tombola (bingo) hall licence arises under item 9 of this Schedule, the Authority shall, by notice in writing, request the licensee, and may request any other person who in its opinion has an interest in the licence, to show cause, within such period being not less than twentyone days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1) hereof in such manner that –

1. where the matter is resolved to its satisfaction, it shall take no further action and shall inform the licensee in writing accordingly; (b) where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or (c) where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may –
   1. by notice in writing give such direction to the licensee as it considers appropriate; or
   2. suspend the licence for such period as it thinks fit, or cancel such licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence. Other operations in a tombola (bingo) hall.

11. A tombola (bingo) hall may not be used for the conduct of operations other than the operation of commercial tombola games without the Authority’s prior approval in writing of such other operations. Failure by a tombola (bingo) hall licensee to comply with the provisions of this item 11 shall constitute an offence against this Act.