Act of 7 May 1999 on games of chance, betting, gaming establishments and the protection of players
CHAPTER I – General Provisions
Article 1. This Act governs a matter falling under article 78 of the Constitution, with the exception of the articles in Chapter II, that govern an issue as stipulated in article 77 of the Constitution.
Art. 2. For the purposes of the application of this Act and its implementing decrees, the following terms shall apply:
1. games of chance: any game by which a stake of any kind is committed, the consequence of which is either loss of the stake by at least one of the players or a gain of any kind in favour of at least one of the players, or organisers of the game and in which chance is a factor, albeit ancillary, for the conduct of the game, determination of the winner or fixing of the gain;
2. operate: to put or keep in service, install or maintain one or more games of chance or gaming establishments;
3. gaming establishment: buildings or premises in which one or more games of chance are operated;
4. gaming room: a place within a gaming establishment where the games of chance are operated.
5. bet: game of chance where each player makes a stake and that results in gain or loss which is not dependent on the acts of the player but on the occurrence of uncertain events that occur without intervention of the players;
6. mutual betting: a bet where an organiser acts as intermediary between the different players who play against each other, where the stakes are merged and distributed among the winners, after deduction of a percentage meant for paying the taxes on games and bets, to cover the organisation costs and for allocating a gain;
7. fixed-odds betting: a bet where the player bets on the result of a particular event and where the amount of the winnings is determined depending on certain fixed or conventional odds and where the organiser is personally liable for paying the amount of the gain to the players;
8. media: any radio or television station, and any newspaper or temporary magazine whose registered offices of the operator or publisher are located in the European Union;
9. media game: game of chance that is operated via the media;
10. computers: electronic equipment for the processing, including digital compression, and the storage of data, which are transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.
11° automatic games of chance with a limited stake: machine on which games of chance are operated on which it is less possible to play games of chance than on other machines in Class III gaming establishments, so that all stakes result in an average hourly loss of less than the amount per hour as referred to in Article 8, sub-paragraph 3, and that the stake per game may not exceed the value of the coin of the highest value in circulation.
The King shall lay down the scale of the stakes referred to in sub-paragraph 1, 11°.
Art. 3. The following are not games of chance within the meaning of the present act:
1. the practising of sports;
2. games offering the player or gambler the right to continue the game free of charge, up to five times;
3. card or board games played outside gaming establishments Class I and II, with the exception of card or board games, played in Class III gaming establishments that use a machine, as well as games operated in amusement parks or by fairground operators at fairs, trade fairs, etc. and on similar occasions, and games organised occasionally and no more than four times a year by a local association on the occasion of a particular event or by a de facto association with a social or charitable purpose, or by a non-profit association for the benefit of a social or charitable work, and only requiring a very limited stake and which can only provide the player or gambler with a material gain of low value;
The played card or board games referred to in sub-paragraph 1, 3., proposed on machines, are prohibited to minors and may only be played using machines explicitly authorised for this purpose by the Gaming Commission.
The age of the player must be checked automatically using an electronic identity card reader.The municipal authorities may submit the card or board games referred to in paragraph 1, 3., whether or not they are proposed on machines, and which require only a very limited stake and can only provide the player or gambler with a material gain of low value, to prior authorisation and non-technical operating conditions.
The King shall determine pursuant to sub-paragraph 1, 2. and 3., the conditions, the type of establishment, the type of game, the amount of the stake, the gain that can be paid out and the average loss per hour.
Article 3bis
This Act does not apply to lotteries within the meaning of the Lotteries Act of 31 December 1851 or articles 301, 302, 303 and 304 of the Criminal Code, or to public lotteries and competitions falling under section 3(1), paragraph 1, of the Act of 19 April 2002 on rationalisation of the functioning and administration of the National Lottery.
Art. 4. § 1. It is prohibited for anyone to operate in any form, in any place and in any direct or indirect manner whatsoever, a game of chance or gaming establishment, without a licence obtained in advance from the Gaming Commission as governed by the present Act and by the exceptions as governed by the Act.
§ 2. It is prohibited for anyone to participate in a game of chance, to facilitate the operation of a game of chance or gaming establishment, to advertise a game of chance or a gaming establishment, or recruit players for a game of chance or gaming establishment when the person involved knows that it concerns the operation of a game of chance or a gaming establishment which is not licensed in accordance with this Act.
§ 3. It is prohibited for anyone to participate in any game of chance whatsoever if the person involved may have a direct influence on the result.
Art. 5. [ …]
Art. 6. Gaming establishments are divided into four classes, namely class I gaming establishments or casinos, class II gaming establishments or slot machine arcades, class III gaming establishments or drinking establishments, and the class IV gaming establishments or places exclusively meant for taking bets, according to the type and number of games of chance that may be operated in the gaming establishment, the maximum stake, the loss or gain on the part of the players and betters participating in such games of chance and the nature of the associated activities permitted in each of the respective types of establishment.
The number of class I, II and IV gaming establishments is limited.If a licence for the operation of a class I, II or IV gaming establishment becomes available, applications to obtain such a licence can be made.
The King determines how such an available licence is announced and also the method and term for making an application, and also the criteria for determining the priority which at least must relate to the location of the establishment and modus operandi of the operation.
Art. 7. For each of these classes of gaming establishment, the King, by decree deliberated in the Council of Ministers, fixes the list and number of games of chance whose operation is permitted under the terms of this Act.The Gaming Commission renders a recommendation in this respect within a period of three months.
Art. 8. For each game of chance operated in a class II, III and IV gaming establishment, with the exception of bets, and also for all games of chance operated via information-society instruments and for all games of chance operated via the media, the King shall determine for each play chance the maximum amount of the bet, the loss and the gain of the players.
He may furthermore fix the maximum amount of the loss that a player may sustain for each such period as he may determine.
There may be played in class II establishments only those games of chance where it is established that the player cannot on average sustain a loss greater than 25 euros per hour.
There may be played in class III establishments only those games of chance where it is established that the player cannot on average sustain a loss greater than 12.50 euros per hour.
There may be played in class IV establishments, with the exception of the bets, only those games of chance where it is established that the player cannot on average sustain a loss greater than 12.50 euros per hour.
The King may also determine these matters for games of chance operated in class I gaming establishments.
It is at all times prohibited to interconnect two or more machines in order to offer a single prize.The amounts of the games of chance provided in article (S) are indexed as determined by the King.
CHAPTER II. - The Gaming Commission.
Art. 9. An advisory, decision-making and supervisory body in the games of chance sector is established within the Federal Public Service Justice under the name of "Gaming Commission", hereinafter referred to as the commission, whose headquarters is in the administrative district of Brussels-Capital.
The commission is assisted by secretariat.
Art. 10.§ 1. The commission is made up of the following members: a Chair, twelve full members, of whom no more than two thirds can be of the same sex, and twelve substitute members, of whom no more than two thirds can be of the same sex.The head of the secretariat participates in the commission in an advisory capacity.
§ 2. In addition to the chair, the commission comprises:
- one Dutch-speaking representative and one French-speaking representative of the Minister of Justice;
- one Dutch-speaking representative and one French-speaking representative of the Minister of Finance;
- one Dutch-speaking representative and one French-speaking representative from the Minister for Economic Affairs;
- one Dutch-speaking representative and one French-speaking representative from the Ministry of the Interior;
- one Dutch-speaking representative and one French-speaking representative of the Minister for Public Health;
- one Dutch-speaking representative and one French-speaking representative from the Ministry responsible for the National Lottery.
The representatives and their substitutes are appointed by the King on a proposal by the Ministers concerned.
The mandate of the members ends at the time when their replacement is provided.
§ 3. The chair is appointed by the King by decree deliberated in the Council of Ministers on a proposal from the Minister of Justice from amongst the Dutch-speaking or French-speaking judicial officers that, in accordance with article 43quinquies of the Act of 15 June 1935 on the use of languages in judicial matters, have furnished evidence of their knowledge of the French and Dutch languages, respectively.The chair shall occupy said office on a full-time basis.During the term of his office, he may not carry on any other work activity.As a judicial officer, the chair of the commission retains his position in the grade list.He is deemed to carry out his office during the period of his appointment.The provisions relating to retirement and pension are applicable to him.The officer is replaced by means of an appointment from amongst two or more candidates, in accordance with the Judicial Code.Where the officer is a department head, his replacement will be provided for by way of appointment from amongst two or more judicial officers of an immediately lower grade.The chair is seconded automatically.The chair continues to benefit from his salary and the increases and benefits attached thereto.In addition, the chair receives an annual salary allowance of €15,000, on top of a language bonus for which he may be eligible.
§ 4. The chair and effective and substitute members are appointed for a term of six years, renewable once for a period of six years.No earlier than three years after the end of their appointment may the members and their substitutes again apply for the position they have already occupied.They may be appointed once again for a non-renewable term of six years.
§ 5. On top of travelling and accommodation expenses, the members of the commission and their substitutes, with the exception of the chair, shall for each meeting receive an attendance allowance, the amount of which shall be fixed by the King.
§ 6. The commission performs its tasks in complete independence.
Article 11. In order to be appointed and remain chair, effective or substitute member of the commission, the following conditions must be met:
1. have Belgian nationality;
2. have full capacity of one’s civil and political rights and be of irreproachable morality;
3. [ ...]
4. have their registered address in Belgium;
5. not have carried out duties in a gaming establishment and not have had any direct or indirect personal interest for themselves, for a spouse or a partner living together, or for a family member or a relative to the 4th degree of any kind whatsoever in the operation of any such establishment or in any other licensed activity falling under the present Act;
6. not be the holder of an elected mandate, whether at municipal, provincial, regional or federal level;
7. have occupied an academic, legal, public administration, economic or social office for at least ten years.
8. not be a member of the commission’s secretariat.
Within five years of the end of their term of office, the Chair, full and substitue members may not perform any function in a gaming establishment, engage in any consulting or advisory activity, paid or otherwise, for a natural or legal person active in the gambling sector, or have any personal interest, directly or indirectly, for themselves, for the spouse or cohabitant or for a parent or relative up to the fourth degree, whatever the nature, in the operation of such an establishment, in another activity subject to a licence and governed by the present law or vis-à-vis the natural or legal person active in the gambling sector.
The prohibition referred to in sub-paragraph 2 also applies to police officers working for the commission, referred to in Article 15 § 3, for a period of five years following the end of their employment with the commission
Art. 12. The position of chair is declared open when the holder is absent for more than six months, or when his mandate ends prematurely.In the event that the chair should be absent for more than three months, the Minister of Justice may provide a temporary substitute.In the event that the chair should be indisposed, he is replaced by an effective member designated by the commission from its midst.
Art. 13. The members and substitutes of the commission may not be present at debates on questions that present a personal interest, directly or indirectly, for themselves, for a spouse or for a partner living together, for family members or relatives to the fourth degree.
Art. 14. The King determines the organisation, composition and functioning of the secretariat.
Art. 14/1. For the exercise of its powers and for scientific research on gambling behaviour, addiction and prevention, the commission may request, with justification, all relevant information from all persons concerned. The commission shall determine the time limits within which the information must be provided.
The King may lay down the procedures for collecting, recording and transferring such data, and for monitoring compliance thereof.
Art. 15.§ 1. For the conduct of all its tasks, the commission may use the services of experts.It may instruct one or more staff members of its secretariat to carry out a site investigation.
The members of the secretariat qualifying as public officers and designated to such effect by the King, act in the capacity of officers of the criminal investigation police, auxiliary officers to the Public Prosecutor, after having sworn the following oath: "I swear allegiance to the King, obedience to the Constitution and to the laws of the Belgian people
The powers of the officers of the criminal investigation police and auxiliary officers of the Public Prosecutor, can only be exercised with the intention of finding and establishing offences against this Act and its implementing decrees.
In the exercise of their duties, they may:
1. enter at any time of the day or night into establishments, spaces and rooms where components of the information system are located which are used for the operation of the games of chance and areas to which they must have access in order to perform their tasks; however, they only have access to inhabited premises if they have reason to believe that a violation of this Act or its implementing decrees has been committed and with the prior authorisation of a police court judge;
2. carry out all investigations, checks and questioning and make all relevant observations and demand the delivery of all documents that might be useful in their investigation;
3. procure all additional information that they consider relevant from operators and their staff and from the police and official departments of the state;
4. seize all items, in particular documents, evidence, books and games of chance that might serve as evidence to convict in respect of an offence against this Act or its implementing decrees or that are necessary in tracing co-perpetrators or accomplices;
5. rely on the assistance of the police.
§ 2. The police officer or the person specified in paragraph 1 who is in charge of the investigation and establishes a violation of the provisions of this Act or its implementation decrees, shall send the original of the report to the public prosecutor.
A copy of the report in question is to be forwarded to the commission and also to the person who violated this Act or its implementation decrees, with the explicit mention of the date when the original was sent to or handed over to the Public Prosecutor.The report prepared by the officials specified in paragraph 1 regarding the violations of this Act or its implementation decrees, is probative until evidence to the contrary is provided.Where the commission claims knowledge of an offence as regards application of and compliance with this Act and its implementing decrees, it may require that the police and the officials of the State deliver up to it all additional information that it considers relevant for the accomplishment of its task within
§ 3. Following authorisation from the Minister for Justice and the Minister for Internal Affairs, the commission may appoint a maximum of four police officers, who shall have the status of judicial police officer and assistant to the public prosecutor.
As liaison officers, they ensure contacts between the integrated police and the commission and also have access to all the information available to the commission
Without prejudice to administrative and judicial police powers, during the period of employment, these police officers may exercise all the powers referred to in paragraph 1, sub-paragraph 4.The administrative and financial status of police officers referred to in sub-paragraph 1, whether they are members of the federal police or the local police, is the same as that of an investigator or, where applicable, a judicial commissioner of the Central Anti-Corruption Office.
The federal police or the police district to which the police officer belongs shall pay, in the first instance, as employer, the salary and any salary supplements, allowances, indemnities or interventions, including employer contributions.
These are reimbursed from the fund referred to in Article 19 § 2.
The terms for the employment of police officers, including their preferred profile, selection, content of their tasks and functions, shall be laid down in an agreement between the commission and the federal police.
Art. 15/1. § 1. If the Public Prosecutor, within the term of six months, from the day of receipt of the original of the report, fails to announce to the commission or notifies the latter that, without questioning the existence of the offence, the violation shall not be prosecuted, commission shall apply Article 15/3.
§ 2. If the Public Prosecutor notifies the commission within the terms specified in paragraph 1 that not prosecution shall be made or that he is of the opinion that no adequate objections are available, the option of the commission to apply article 15/3 shall expire.
Art. 15/2.
§ 1. The commission shall issue justified warnings to any natural or legal person who commits an infringement of the present law or its implementing decrees, shall suspend or revoke the licence for a specified period, and shall temporarily or permanently ban the operation of one or more games of chance.
§ 2. The municipality shall inform the commission, by post or electronically, when the holder of a C licence is the subject of an official report drawn up by the police for one of the following reasons:
1° public disorder;
2° an infringement of the legal provisions on the sale of fermented beverages, coordinated on 3 April 1953, and the Royal Decree of 4 April 1953 governing the implementation of the legal provisions concerning the sale of beverages, or the Law of 28 December 1983 on the patent for the sale of spirits;
3° an infringement of the present law committed against a person under the age of 18.After being informed by the municipality, the commission shall initiate a sanctioning procedure.The decision of the commission shall be proportional to the gravity of the infringement that justifies it and to any recurrence of the infringement.In the context of the above-mentioned sanctioning procedure based on an official report, the Mayor is authorised to have seals placed on automatic games of chance in Class III gaming establishments pending the final decision of the commission.
§ 3. The municipality shall inform the commission, by post or electronically, when the holder of a F2 licence in accordance with Article 43/4, § 5, 1°, is the subject of an official report drawn up by the police for one of the following reasons:
1° public disorder;
2° an infringement of the present law committed against a person under the age of 18;
3° non-compliance with the conditions regarding the secondary activity.
After being informed by the municipality, the commission shall initiate a sanctioning procedure.The decision of the commission shall be proportional to the gravity of the infringement that justifies it and to any recurrence of the infringement.
In the context of the above-mentioned sanctioning procedure based on an official report, the Mayor is authorised to have seals placed on electronic machines used to accept bets pending the final decision of the commission.
Art. 15/3. § 1. Without prejudice to the measures stipulated in Article 15/2, in case of violation of Articles 4, 8, 26, 27, 43/1, 43/2, 43/2/1, 43/3, 43/4, 46, 54, 58, 60, the provisions taken in implementation of Article 61, second paragraph, and the provisions of Article 62, and under the conditions stipulated in Article 15/1, § 1, the commission shall impose an administrative fine on the offenders.
§ 2. The minimum amount and the maximum amount of the administrative fine is equal to the minimum amount and the maximum amount respectively of the criminal fine, provided by this Act, that sanctions the same offence, increased with the multiplication factors.The sum of the administrative fine is proportional to the seriousness of the offence that gives rise to the fine and possible repeat offences.
§ 3. The decision of the commission determines the amount of the administrative fine and is justified with reasons.
§ 4. The notification of the decision that determines the amount of the administrative fine shall end criminal proceedings.
§ 5. The decision to impose an administrative fine can no longer be made five years after the circumstances leading to the violation of this Act.
§ 6. The Commission may agree to suspend the enforcement of all or part of the decision imposing an administrative fine on condition that the offender has not received any other administrative or criminal fines for violations of this Act in the three years preceding the breach.
The decision granting or refusing the suspension must be reasoned.
The suspension is for a probationary period of three years. The probationary period starts from the date of notification of the decision imposing an administrative fine.
The suspension is automatically revoked if a new violation is committed during the probation period that gives rise to a decision to impose a new administrative or criminal fine.
The revocation of the suspension shall be notified by the same decision as that imposing the administrative fine for this new infringement.
The administrative fine whose payment becomes enforceable after the revocation of the suspension shall be cumulated with the fine imposed for this new infringement.
Art. 15/4. The measures provided in articles 15/2 and 15/3 shall be taken by the commission after the person in question has been given the possibility to present his defence.The person involved shall be requested by registered letter to present his defence.
This letter contains the following details:
1. the references of the report establishing the violation and the circumstances that gave rise to these violations.
2. the right to, within thirty days starting on the day of serving notice by registered letter:- present their defence in writing, or- make a request to present their defence orally.
3. the right to assistance by legal counsel;
4. the possibility to consult the file, and the address and the opening hours of the department where they can obtain this information;
5. the postal address and e-mail address of the Gaming Commission for sending their defence.If the person involved failed to collect the registered letter within the required term, the commission can send them a second invitation to present their defence.
This second invitation does not result in a new term of thirty days for presenting the defence.
Art. 15/5. § 1. The defence can be submitted in writing, including e-mail.
§ 2. It can also be submitted orally.If the person involved wishes to present their defence orally, they shall be heard after requesting the commission to do so within the term as provided in article 15/4, second paragraph.
The commission may set up separate chambers for this purpose that consist of the chair and two effective members.
The chamber of the commission set up for this purpose, shall invite to the hearing by registered letter the legal person or natural person in question.
The person involved can request a postponement of the hearing once by sending a registered letter to the chamber specified in the previous paragraph.
The chamber shall determine the new date when the case can be handled, without further postponement.
The members of the chamber who heard the person involved, shall prepare a comprehensive report of the hearing. A copy of this report is sent by registered letter to the person involved.After receipt of this copy, the person subject to the proceedings has fifteen days to send their comments in this respect to the commission.
Art. 15/6. § 1. The commission shall deliberate and take a decision within two months.This period starts, either upon receipt of the written defence provided in accordance with article 15/5, §1, or after expiry of the period of 15 days as provided in the last paragraph of article 15/5, §2 in the event that the defence is submitted orally.
The members of the chamber who heard the person in question may participate in these deliberations and have the right to vote.§ 2. The decision is justified with reasons and sent by registered letter to the person involved.
Art. 15/7. § 1. The party in question who disputes the decision that imposes an administrative fine, can lodge an appeal with the ‘court of first instance’ of his domicile or registered office, that has full jurisdiction, within one month from the notification of the commission’s decision, by means of a petition.
§ 2. The appeal suspends the effect the commission's decision.
§ 3. Only a provision in appeal can be brought against the decision of the court of first instance.
§ 4. Without prejudice to the provisions in the preceding paragraphs, the provisions of the Judicial Code apply for the appeal to the court of first instance.
Art. 15/8. The King determines the collection and recovery of the imposed administrative fine.The collected administrative fines are paid to the Treasury.
Art. 16.The commission must annually report on its activities to the legislative chambers and to the Ministers for Economic Affairs, of the Interior, of Finance, of Justice and for Public Health.
Art. 17.Without prejudice to article 15, § 2, the members of the commission and of the secretariat, as also such experts as have been asked to give their assistance, are obliged to keep secret the facts, acts and information that they have had knowledge of in the exercise of their duties both during their appointment and after the expiry thereof.
Any offence against this rule carries the penalties laid down in article 458 of the Criminal Code.
Art. 18.Article 327 of the Income Tax Code 1992 is supplemented with a § 6, worded as follows:
"§ 6. The gaming commission referred to in article 9 of the Act of 7 May 1999 on games of chance, gaming establishments and the protection of players must immediately inform the Minister of Finance where it determines that there is evidence in connection with a body for the regulation of which it is responsible allowing a presumption to be made of the existence or preparation of a tax-fraud mechanism.”
Art. 19.§ 1. The costs for the setting-up, staffing and functioning of the commission and its secretariat are to be borne entirely by the holders of class A, A+, B, B+, C, E, F1, F1+, G1 and G2 licences.
The contribution of the class F2 licence holder is payable by the holder of the class F1 licence holder for whose account the bets are accepted.
For the holders of class C and F2 licences, the contribution must be paid before the licence is granted.The amount is equal to the amount of a contribution that covers the entire duration of the licence.
The annual contribution to the FPS Economy as referred to in article 20, § 2, of the Act of 5 July 1998 on collective debt settlement and the option of sale by mutual agreement of the immovable goods that have been repossessed as well as the contribution increase referred to in article 20bis, fourth paragraph, of said Act, shall be at the charge of the gaming establishments.
The King, by decree deliberated in the Council of Ministers, determines the contribution to the functioning, staffing and setting-up costs of the gaming commission due by the holders of class A, A+, B, B+ C, E, F1, F1+, G1 and G2 licences, as well as the annual contribution, and, if applicable, the contribution increase to the FPS Economy payable by the gaming establishments.
The King shall table before the legislative chambers a bill for confirmation of the decree passed in execution of the foregoing paragraph.
§ 2. In the context of the budget of the Federal Public Service Justice, a fund has been set up for the Gaming Commission.The fund is financed by the proceeds of the fees referred to in §1 as contribution to the costs for the setting-up, staffing and functioning of the Commission and its secretariat to be borne by the holders of class A, A+, B, B+, C, E, F1, F1+, G1 en G2 licences.
Art. 20. At the request of the ministers concerned or of Parliament, the commission shall render a recommendation on any legislative or regulatory initiative in the matters falling under this Act.
The commission supervises application of and compliance with this Act and its implementing decrees.
[ ...]
The commission receives complaints according to the procedures laid down by the King.
Art. 21. § 1. The commission shall deliver its opinion with a reasoned decision about the applications for granting the licences provided in this Act.
§ 2. When taking its decision, the commission verifies whether all the conditions as provided by this Act and with respect to the applicant and the requested licence have been met.
§ 3. The commission may hear the applicant before making a decision about the application.If the applicant wishes to be heard, the commission shall organise a hearing.The applicant has the right to seek legal counsel.
Art. 22. Within a month of its being set up, the commission draws up its internal rules. These rules are submitted for approval by the Ministers for Economic Affairs, of the Interior, of Finance, of Justice and for Public Health.
The commission only validly deliberates if at least a majority of its members is present.It decides by absolute majority.In the event of a tied vote, the chair, or in his absence his substitute, has a casting vote.
The substitute members only deliberate where they replace an effective member.
Art. 23.The commission publishes its internal code of conduct on its website.
Art. 24.The commission meets at least once a year with the representatives of operators and with the representatives of employees of operators in a joint working commission, the composition and operating procedures for which are laid down by the King.
Art. 24/1. § 1. The commission shall meet at least twice a year with centres of expertise on behavioural addiction, prevention centres, centres of expertise on debts, and user representatives.These meetings and recommendations shall be reported in the report referred to in Article 16.
§ 2. Within the framework of its powers, the commission may organise all studies and public consultations in a non-discriminatory manner in order to hear the views and opinions of users, operators and organisations in the area of behavioural addiction and debt issues
These consultations shall ensure that, in the context of the commission's decision-making process, it takes adequate account of the interests of consumers and businesses, and the health and well-being of the population.
CHAPTER III.- Licences.
Art 25.There are nine classes of licences and three additional licences:
1. a Class A licence allows, for renewable periods of fifteen years or, where appropriate, for a shorter period pursuant to point 1/2, under the conditions it shall determine, the operation of a Class I gaming establishment or casino;
1/1. the additional Class A+ licence allows, under the conditions it shall determine, the operation of games of chance, via computers;
2. a Class B licence allows, for renewable periods of nine years, under the conditions it shall determine, the operation of a Class II gaming establishment or automatic gaming room;
2/1. the additional Class B+ licence allows, under the conditions it shall determine, the operation of games of chance, via computers;
3. a Class C licence allows, for renewable periods of five years, under the conditions it shall determine, the operation of a Class III gaming establishment or establishment which sells beverages;
4. a class D licence allows the holder, under the conditions it shall determine, to perform a professional activity of any kind in a Class I, II or IV gaming establishment;
5. a Class E licence allows, for renewable periods of ten years, under the conditions it shall determine, the sale, lease, financial lease, supply, provision, import, export, production, maintenance, repair of gambling machines;
6. a Class F1 licence allows, for renewable periods of nine years, under the conditions it shall determine, the organisation of betting;
6/1. the additional Class F1+ licence allows, under the conditions it shall determine, the organisation of betting, via computers;
6/2. the Class F1P licence allows, under the conditions it shall determine and under the conditions laid down for Class F1 licences, and where applicable F1+, the organisation of betting on horse races;
7. a Class F2 licence allows, for renewable periods of three years, under the conditions it shall determine, the taking of bets on behalf of holders of Class F1 licences in a fixed or mobile Class IV gaming establishment.This licence also allows the taking of bets outside Class IV gaming establishments in the cases referred to in Article 43/4, § 5, 1° and 2°.For this licence, renewable three-year periods are also provided for;
8. a G1 licence allows, for renewable periods of five years, under the conditions it shall determine, the operation of games of chance in televised programmes using number series following the Belgian numbering system, which form a complete game programme;
9. a G2 licence allows, for a period of 1 year, under the conditions it shall determine, the operation of games of chance via a medium other than those presented in televised programmes using number series following the Belgian numbering system, which form a complete game programme.
If, at the time of the examination of an application for the renewal of a Class A licence, or the issuing of a new Class A licence, the Commission finds that the new or current licence agreement expires before the end of the fifteen-year licence period, it may renew or issue the licence for a period not exceeding the expiry date of the licence.
Art. 26.Transferring granted licences is strictly prohibited for all parties.
Art. 27. It is prohibited for any single natural person or legal entity to hold both any class A, A+, B, B+, C, D, F1, F1+, F1P, F2, G1 and G2 licence, on the one hand, and a class E licence, on the other hand, whether directly or indirectly, personally or through the intervention of another natural person or legal entity.
Holders of a class A, B, C , F1 or F2 licence may as such, free of charge or for a fee, transfer games of chance that are intended for use and used for the purpose of operating a class I, II, III and IV gaming establishment and that have been fully depreciated, provided the Commission is informed thereof beforehand and gives its prior authorisation.
CHAPTER IV. - Gaming establishments.
Section I – Class I Gaming Establishments or Casinos
Article 28.Class I gaming establishments are establishments where games of chance are operated, automatic or not, as authorised by the King, and where at the same time socio-cultural activities are organised, such as shows, exhibitions, congresses and hotel and catering activities.
Art. 29.The total number of authorised class I gaming establishments is limited to 9.
A class I gaming establishment may only be operated within the boundaries of the municipalities of Blankenberge, Chaudfontaine, Dinant, Knokke-Heist, Middelkerke, Namur, Ostend, Spa and within one of the 19 municipalities of the Brussels-Capital Region.With the recommendation of the government of the Brussels-Capital Region and on the basis of the opportunities for locating such an establishment and infrastructure and on the basis of the social impact of setting up a class I gaming establishment, the King, by decree deliberated in the Council of Ministers, designates the municipality out of the municipalities in the Brussels-Capital Region that have applied by registered letter sent to the Minister of Justice within three months of this Act coming into force.Only one class I gaming establishment may be operated in each municipality.
To this end, each municipality enters into a concession agreement with the applicant operator.
The King may by decree deliberated in the Council of Ministers set down the conditions that the concession agreement must fulfil.
Art. 30. [ …]
Art. 31. In order to be issued with a class A licence, the applicant must:
1. if he is a natural person, qualify as a national of a member state of the European Union; if it is a legal entity, which may not be a non-profit association, qualify as such under Belgian law or the law of one of the member states of the European Union;
2. if he is a natural person, be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position; if it is a legal entity, each director must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position;
3. present a concession agreement entered into under the condition of obtaining the required class A licence with the municipal council in which the class I gaming establishment is proposed to be established;
4. furnish evidence of his or its solvency and his or its financial means and, at all times and scrupulously, provide the Commission with all information enabling it to verify transparency in the operation and identify the shareholders together with any later alterations thereto.
5. be entered in the Crossroads Bank for Enterprises as a commercial undertaking.
6. present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
Art. 32. In order to remain the holder of a class A licence, the applicant must not only meet the conditions specified in article 31, but also:
1. if he is a natural person who participates in any way whatsoever directly or indirectly, personally or through the intervention of a legal entity, in the operation of a class I gaming establishment, be able at all times an unambiguously to be identified and his identity must be known to the Commission;
2. enable the commission at all times and unambiguously to identify and know the identity of all other natural persons participating in any manner directly or indirectly, personally or through the intervention of a legal entity, in the operation of a class I gaming establishment;
3. communicate to the commission the information enabling it at any time to verify transparency of the operation and identify the shareholders together with later alterations thereto.
4. completely and rigorously separate the gaming area from other areas of the casino intended for other purposes and from areas outside the casino which are accessible to the public in such a way that the games cannot be seen from outside the gaming area; however, the operator may operate a bar or restaurant in the gaming area or entrust it to a third party holding a class D licence.
5. actually operate the games of chance or gaming establishments for which a licence has in effect been granted.
Art. 33.The King determines:
1. the form of class A licences;
2. the procedures for submitting and examining licence applications;
3. the way in which class I gaming establishments must be operated and be managed, on the understanding that separate accounts are to be kept of both the gaming operations and the other activities carried on by the gaming establishment;
4. the rules for the functioning of games of chance;
5. the procedures for the monitoring and supervision of games of chance, particularly by means of an appropriate computer system;
Section II.- Class II Gaming Establishments or Slot Machine Arcades
Art. 34.Class II gaming establishments are establishments where only games of chance authorised by the King are operated.
The total number of authorised class II gaming establishments is limited to 180.
Class II fixed gaming establishments must be operated pursuant to an agreement between the municipality in which the establishment is located and the operator.The decision to enter into such an agreement is within the discretionary powers of the municipal council.The agreement sets down where the gaming establishment is established together with the procedures, days and times of opening and closure of class II gaming establishments and who exercises supervision by the municipal council.
Art. 35. [ …]
Art. 36. In order to be issued with a class B licence, the applicant must:
1. if he is a natural person, qualify as a national of a member state of the European Union; if it is a legal entity, qualify as such under Belgian law or the law of one of the member states of the European Union;
2. if he is a natural person, be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position; if it is a legal entity, each director must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position;
3. furnish evidence of his or its solvency and his or its financial means and, at all times and scrupulously, provide the Commission with all information enabling it to verify transparency in the operation and identify the shareholders together with any later alterations thereto.
4. ensure that no class II gaming establishment is established in a location in proximity to teaching establishments, hospitals, places frequented by young people, places of worship and prisons;
5. present the agreement entered into between the class II gaming establishment and the municipal council for the place of establishment under the condition of obtaining the required class B licence;
6. be entered in the Crossroads Bank for Enterprises as a commercial undertaking.
7. present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
Art. 37. In order to remain the holder of a class B licence, the applicant must not only meet the conditions specified in article 36, but also:
1. if he is a natural person who participates in any way whatsoever directly or indirectly, personally or through the intervention of a legal entity in the operation or setting-up of a class II gaming establishment, be able at all times and unambiguously to be identified and his identity must be known to the commission;
2. enable the commission at all times and unambiguously to identify and know the identity of all other natural persons participating in any manner directly or indirectly, personally or through the intervention of a legal entity in the operation or setting-up of a class II gaming establishment;
3. communicate to the commission the information enabling it at any time to verify transparency of the operation and identify the shareholders together with later alterations thereto.
4. completely and rigorously separate the gaming room from those spaces used for other purposes inside the class II gaming establishment and from the spaces external to the class II gaming establishment that are accessible to the public, so that it is in no event possible from outside the gaming room to gain a view of the games of chance.
5. actually operate the games of chance or gaming establishments for which a licence has in effect been granted within the meaning of article 2, 2. of this Act.
Art. 38.The King determines:
1. the form of class B licences;
2. the procedures for submitting and examining licence applications;
3. the way in which class II gaming establishments must be operated and be managed, on the understanding that separate accounts are to be kept of both the gaming operations and the other activities carried on by the gaming establishment;
4. the rules for the functioning of games of chance;
5. the procedures for the monitoring and supervision of games of chance, particularly by means of an appropriate computer system;
SECTION III.- Class III Gaming Establishments or Drinking Establishments
Art. 39. Class III gaming establishments are establishments in which are sold drinks that, whatever their nature, must be consumed on the premises and in which a maximum of two automatic games of chance and two automatic games of chance with a limited stake are operated.
Art. 40. [ …]
Art. 41. In order to be issued with a class C licence, the applicant must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position if he is a natural person.If the applicant is a legal entity, each director must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position.The applicant or, if the applicant is a legal person, each director or manager, may not, for the five years prior to their application, present an unfavourable record in terms of criminal acts or public disorder which are incompatible with operating a gaming establishment.The King shall determine the detailed criteria in this regard.The applicant must present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
Art. 42.The applicants for a class C licence must be entered in the Crossroads Bank for Enterprises as a commercial undertaking.
Art. 43.The King determines:
1. the form of class C licences;
2. the procedures for submitting and examining licence applications;
3. the way in which class III gaming establishments must be operated and be managed, on the understanding that separate accounts are to be kept of both the gaming operations and the other activities carried on by the gaming establishment;
4. the rules for the functioning of games of chance;
5. the procedures for the monitoring and supervision of games of chance, particularly by means of an appropriate computer system;
Section IV. - Class IV Betting and Gaming Establishments
Sub-section I: Betting: betting establishments.
Art. 43/1. It is prohibited to organise betting on an event or activity which undermines public order or morality, or concerning an activity in which the majority of the participants are minors.
It is prohibited to organise betting on events or activities of which the results are already known or when the uncertain event has already occurred.
The commission may prohibit betting if the proper conduct of the event cannot be guaranteed, or if it considers that specific betting possibilities are exposed to fraud.The relevant licence holders shall be informed immediately.
With regard to real-world bets, the player chooses the relevant holder of the licence whom he or she can contact if they have questions or comments regarding the operation.
Art. 43/2. § 1. In the matter of horse racing, only the following bets are permitted :1° cross-race bets on horse races taking place in Belgium and organised by a racing association recognised by the competent federation2° cross-race bets on horse races taking place abroad3° bets at fixed or conventional odds on horse races taking place in Belgium and which are organised by a racing association recognised by the competent federation4° bets on fixed or conventional prices on horse races taking place abroad.§ 2. With respect to horseracing:1° bets as referred to in Article 43/2, § 1, 1°, may only be organised by or with the authorisation of the racing association which organises the race concerned. Such an association may take the form of a non-profit association2° the bets referred to in Article 43/2, § 1, 2°, may only be organised under conditions determined by the King by the organiser of the bets referred to in 1°;3° the bets referred to in Article 43/2, § 1, 3°, may only be organised within the confines of a racecourse with the consent of the racing association which organises the race concerned. Such association may take the form of a non-profit association.
Art. 43/3. § 1. Betting organisers must have a Class F1 licence.
§ 2. The King determines the maximum number of betting organisers by decree deliberated in the Council of Ministers.
The King determines this number, for the period he specifies, on the basis of criteria meant to limit the supply and protect the player, and to guarantee effective supervision.
The King may determine the procedure for dealing with excess licence applications.
Sub-section II. - Class IV Gaming establishments
Art. 43/4. § 1. Class IV gaming establishments are premises exclusively intended to take bets, authorised in accordance with the present law on behalf of holders of a Class F1 licence.
Taking bets requires a Class F2 licence.
Apart from the exceptions provided for in § 5, it is prohibited to take bets outside a Class IV gaming establishment.
Class IV fixed gaming establishments must be operated pursuant to an agreement between the municipality in which the establishment is located and the operator.The agreement shall specify where the Class IV gaming establishment is located and the terms, opening/closing days and times, and who from the municipality shall exercise supervision.
§ 2. Class IV gaming establishments are fixed or mobile.
A fixed gaming establishment is a permanent establishment, clearly delimited in a given space, in which betting is organised.
A fixed gaming establishment has as its only purpose the placing of bets, with the exception of:
- the sale of specialised newspapers, sports magazines and gadgets;
- the sale of non-alcoholic drinks;
- the operation of no more than two automatic games of chance that offer bets on activities similar to those taken in the betting establishment.
The King shall specify the conditions under which these games of chance may be operated.With the aim of allowing the commission to perform the tasks assigned to it by the present law, the information associated with the operation of the automatic games referred to in the third indent of sub-paragraph 3 must be displayed in a permanent establishment within Belgian territory.
A mobile gaming establishment is a temporary establishment, clearly delimited in a given space, which is operated from time to time, for the duration and at the location of an event, sporting event or sporting competition.It must be clearly separated from places where alcoholic beverages are sold for consumption on the premises.
A mobile gaming establishment cannot take bets other than those relating to the event, sporting event or sporting competition in question.
§ 3. All bets authorised in accordance with the present law which have been the subject of a stake which is higher than the amount or consideration specified by the King must be recorded by the operator in a computerised system, and the recorded data must be kept for five years.
The King shall determine which data must be recorded and how it must be recorded.
§ 4. The King shall specify the maximum number of fixed and mobile gaming establishments, by decree deliberated by the Council of Ministers, as well as the criteria for organising the distribution of these establishments.He may determine a procedure with priority criteria for processing additional applications.
§ 5. Outside the above-mentioned Class IV gaming establishments, the following bets may also be taken:
1° bets on sporting events and horse races, as a strictly defined secondary activity by newsagents, natural or legal persons, registered with the Crossroads Bank for Enterprises as a commercial undertaking, provided that the bets are not taken in places where alcoholic beverages are sold for consumption on the premises.
The King shall lay down the description of the secondary activity and the specific conditions that newsagents must meet in order to take these bets. They must have a Class F2 licence;
2° mutual betting on horse races referred to in Article 43/2, § 2, 1° and 2°, organised within the enclosure of a racecourse, under the conditions laid down by the King.The association must have a Class F2 licence.
Sub-section II. - General provisions
Art. 43/5. In order to be issued with a class F1 or F2 licence, the applicant must:
1. if he is a natural person, provide proof that he qualifies as a national of a member state of the European Union; if it is a legal entity, provide proof that it qualifies as such under Belgian law or the law of one of the member states of the European Union;
2. if he is a natural person, provide proof that he has full capacity of his civil and political rights; if it is a legal entity, provide proof that the directors all have this capacity;In all cases, the applicant and all directors must be of such conduct as meets the requirements for the position.
3. must communicate the betting rules and any changes to these rules to the commission and agree to exhibit a copy of these rules in all gaming establishments or areas where bets are taken;
4. present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
5. ensure that the Class IV gaming establishment is not established in the vicinity of educational institutions, hospitals and places frequented by young people, unless authorised by the municipality;
6. present the agreement concluded between the Class IV gaming establishment and the municipality where the establishment is located, under the condition of obtaining the required Class F2 licence.The applicant of a class F1 licence must, in addition:
1. provide a list of the type or kind of bets that shall be organised;
2. provide proof of his solvency and financial means;
3. must announce the betting rules and any changes to these rules to the commission and agree to exhibit a copy of these rules in all gaming establishments where bets are taken;
4. provide a list of the gaming establishments or places where the bets shall be taken;
5. and 6. of sub-paragraph 1 do not apply to applicants for a Class F2 licence for taking bets outside a Class IV gaming establishment referred to in Article 43/4, § 5 or for taking bets in a mobile gaming establishment referred to in Article 43/4 § 2 § 5.
Art. 43/6. In order to remain the holder of a class F1 or F2 licence, the applicant must not only meet the conditions specified in article 43/5, but also:
1. if he is a natural person who participates in any way whatsoever directly or indirectly, personally or through the intervention of a legal entity, in the operation of a class IV gaming establishment, or a place where bets are taken, he must be able at all times and unambiguously to be identified.His identity must be communicated to the Commission;
2. enable the commission at all times to identify and know the identity of all other natural persons participating in any manner directly or indirectly, personally or through the intervention of a legal entity, in the operation of a class IV gaming establishment or a place where bets are taken;
3. communicate to the commission the information enabling it verify the transparency of the operation and identify the shareholders together with later alterations thereto.
4. actually continue to operate the betting activity or take bets, and operate the gaming establishments for which the licence has in effect been granted.
5. provide the commission all changes made to the list of the gaming establishments or places where the bets shall be taken;
Art. 43/7. The King determines:
1. the form of the class F1 and F2 licences;
2. the procedures for lodging and examining class F1 and F2 licence applications;
3. the obligations that class F1 and F2 licence holders must meet with regard to management and accounting.
4. the rules for betting;
5. the rules for the monitoring and supervision of games of chance, particularly by means of an appropriate computer system.
CHAPTER IV/1. - – The supplementary licences or games of chance via computers
Art. 43/8. § 1. The commission may grant to a class A, B or F1 licence holder maximum one supplementary licence, respectively A+, B+ and F1+, for the operation of games of chance via computers.The supplementary licence shall only be granted for the operation of games of the same nature as those offered in the real world.
However, the King may, by decree laid down after consultation in the Council of Ministers, set separate operating criteria for the additional licences from those granted for the operation of gambling in the real world.
§ 2. The King determines by decree deliberated with the Council of Ministers:
1. the quality conditions that the applicant must meet and that relate at least to the following elements:
a) The creditworthiness of the applicant;
b) the safety of the payments between the operator and the player;
c) the operator’s policy with regard to the accessibility of games of chance to socially vulnerable groups;
d) the arrangement for complaints;
e) the specific rules with regard to advertising;
f) the compliance with all his fiscal obligations
2. the conditions for offering the games that must at least relate to the registration and identification of the player, the verification of the age of the player, the games offered, the gaming rules, the method of payment and the method of distributing the prizes;
3. the specific rules for supervision and verification of the operated games of chance that must at least relate to the condition that the servers used to manage the data and the website are located at a permanent location on Belgian territory.
4. which games may be operated.
5. the specific rules regarding the information for players on the legality of the games of chance via information-society instruments.
§ 3. The duration of validity of the supplementary licences is linked to the respective duration of validity of the respective class A, B or F1 licences.
§ 4. The commission keeps a list of the granted supplementary licences that can be consulted by any person requesting to do so.
CHAPTER IV/2. – Media games
Section I. -General provisions
Art. 43/9. For the purposes of this chapter, the following terms shall apply:
- game duration: period between the placing of the bet and the final closing of the game with gain or loss;
- operator: any person who in his own name and for his own account, supplies or resells services or networks for electronic or phone communication;
- organiser: any person who organises a game as provided in this chapter, or determines its content;
- game provider: any person who provides a game to a player by any means whatsoever;
- facilitator: any person who makes his infrastructure available and/or provides assistance for the management and the processing of the communication originated by the player.
Article 43/10.In order to be issued with a class G1 or G2 licence, the applicant must:
1. if he is a natural person, qualify as a national of a member state of the European Union; if it is a legal entity, which may not be a non-profit association, qualify as such under Belgian law or the law of one of the member states of the European Union;
2. if he is a natural person, be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position; if it is a legal entity, each director must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position;
3. present a complete file to the commission that explains the organisation, the method of selection and the method of the game in full.This application file must also clearly specify the identity of the operator, the organiser, the game provider and the facilitator.If these persons are natural persons, they must be in full possession of their civil and political rights; if these persons are legal persons, all the directors must be in full possession of their civil and political rights;
4. present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
Article 43/11.In order to remain the holder of a class G1 or G2 licence, the applicant must not only meet the conditions specified in the previous article, but also:
1. if he is a natural person who participates in any way whatsoever directly or indirectly, personally or through the intervention of a legal entity, in the operation of a media game, be known to the commission; his identity must be communicated to the commission;
2. enable the commission at all times and unambiguously to identify and know the identity of all other natural persons participating in any manner directly or indirectly, personally or through the intervention of a legal entity, in the operation of a media game;
3. communicate to the commission the information enabling it at any time to verify transparency of the operation and identify the shareholders together with later alterations thereto.
Section II. - Television programmes via number sequences of the Belgian number scheme and that are part of a total programme.
Article 43/12.The game provider must have a class G1 licence in order to operate television programmes via number sequences of the Belgian number scheme and whereby he is authorised to charge the caller not only for the price of the communication but also for the content, however, only for the sequences where the end-user tariff is not dependent on the duration of the calls, and which are part of a total programme.
Article 43/13.The King determines:
1. the form of class G1 licences;
2. the procedures for submitting and examining licence applications;
3. the way in which these media games are organised and managed, on the understanding that separate accounts must be kept for all gaming activities;
4. the rules for the functioning the media games;
5. the rules for monitoring and supervision of media games;
6. the criteria for preventing an expansion of the game offering.
Section III.- Games of choice operated via the media, other than television programmes via number sequences of the Belgian number scheme as provided for in section II.
Article 43/14.The game provider must have a class G2 licence to operate all games of chance via the media, with the exception of games of chance via number sequences of the Belgian number scheme and that are part of a total programme.
Article 43/15.The King determines:
1. the form of class G2 licences;
2. the procedures for submitting and examining licence applications;
3. the way in which these media games are organised and managed, on the understanding that separate accounts must be kept for all gaming activities;
4. the rules for the functioning these media games;
5. the rules for monitoring and supervision of media games;
6. the games for which no licence must be applied for;
7. the criteria for preventing an expansion of the game offering.
Chapter IV/3. – Staff
Article 44.Any person wishing to carry on any occupational activity in relation to gaming in a class I, II or IV gaming establishment during the opening hours of the gaming room must be in possession of a class D licence and at all times hold an identification card certifying that he is in possession of such licence.
Article 45.In order to be issued with a class D licence and remain the holder thereof, the applicant must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position.
Art. 46. Holders of a class D licence are prohibited from taking part personally or through intermediaries in the games of chance operated, accepting financial or material compensation other than what may be provided for in their employment contract or allowing players or gamblers any form of loan or credit.
Article 47.The King determines:
1. the form of the class D licence and of the accompanying identification card;
2. the procedures for submitting and examining licence applications;
3. the qualifications and certificates required to obtain a class D licence.
CHAPTER V - Sale, hire, sale on hire-purchase, supply, granting disposition of, import, expert, production and provision of maintenance, repair and equipment services in relation to games of chance
Art. 48. The sale, hire, sale on hire-purchase, supply, granting disposition of, importation, exportation, production and provision of maintenance, repair and equipment services in relation to games of chance are subject to the award of a class E licence. Operators who have made the notification stipulated in Article 9 of the Act of 13 June 2005 on electronic communications are exempt from this obligation.
Art. 49. [ …]
Art. 50. In order to be issued with a class E licence, the applicant must:
1. if he is a natural person, qualify as a national of a member state of the European Union; if it is a legal entity, qualify as such under Belgian law or the law of one of the member states of the European Union;
2. if he is a natural person, be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position; if it is a legal entity, each director must be in full possession of his civil and political rights and be of such conduct as meets the requirements for the position;
3. furnish evidence of his or its solvency and his or its financial means and, at all times and scrupulously, provide the Commission with all information enabling it to verify transparency in the operation and identify the shareholders together with any later alterations thereto.
4. present a recommendation from the Federal Public Service Finance and the regional tax administration that proves that he has fulfilled all his recognised and undisputed tax debts.
Article 51.In order to remain the holder of a class E licence, the holder must not only continue to meet the conditions specified in the previous article, but also:
1. if he is a natural person who participates in any way whatsoever directly or indirectly, personally or through the intervention of a legal entity, in the activity for which a class E licence is required, be able at all times and unambiguously to be identified and his identity must be known to the commission.His identity must be communicated to the commission.
2. communicate to the commission the information enabling it at any time to verify transparency of the operation and identify the shareholders together with later alterations thereto.
Article 52.Any model of equipment or apparatus that is imported or manufactured within the limits and conditions set down in a class E licence, with the intention use by a licence holder as provided in this Act, must for the purposes of selling or operating same in Belgium, be approved by the commission on the basis of the inspections carried out by one of the authorities mentioned in the second paragraph of this section.A certificate of approval is issued as evidence.
The checks on the basis of which such approval is granted, are carried out:
- either by the technical evaluations department of the Gaming Commission;
- or by an institution accredited for this purpose under Title 2 of Book VIII of the Economic Code, under the supervision of the Technical Evaluations Department of the Gaming Commission
The controls carried out at commissioning and in the course of use are also carried out by the authorities referred to in the second paragraph.
Article 53.The King determines:
1. the form of class E licences and of the permits referred to in article 52;
2. the procedures for submitting and examining licence applications;
3. the procedures for verifying games of chance prior to approval;
4. the rules for the functioning of games of chance;
5. the procedures for the monitoring and supervision of games of chance, particularly by means of an appropriate computer system;
6. the amount and method of collecting the fees for the checks for the model approval and subsequent checks.
CHAPTER VI.- Measures for the Protection of Players and Gamblers
Art. 54.§ 1. Access to the gaming rooms of class I and II gaming establishments is prohibited for persons under 21 years of age with the exception of adult personnel of gaming establishments in their place of work.Access to class IV gaming establishments is prohibited for minors.
The playing of games of chance in class III gaming establishments and the playing of games of chance and betting in class IV gaming establishments are prohibited for minors.
This prohibition for minors also applies for betting authorised outside the class IV gaming establishments.Playing games of chance via information-society instruments, with the exception of betting, is prohibited for persons under 21 years of age.
Betting via computers is prohibited for minors.
Playing the automatic games of chance referred to in Article 43/4, § 2, sub-paragraph 3, in Class IV fixed gaming establishments is prohibited for persons under the age of 21.
§ 2. Access to the gaming rooms of class I and II gaming establishments is prohibited for judicial officers, notaries public, bailiffs, and members of the police service outside the exercise of their duties.The playing of games of chance in the sense of this Act and for which registration is required, with the exception of betting, is prohibited for judicial officers, notaries public, bailiffs, and members of the police service outside the exercise of their duties.
Members of the operational management of the police services referred to in Article 117 of the Law of 7 December 1998 on the organisation of an integrated, two-tiered structured police service may not, either directly or through an intermediary, perform any function in a gaming establishment or carry out any consulting or advisory activity, paid or otherwise, for a natural or legal person active in the gambling sector or having any interest, of whatever nature, in the operation of such an establishment, in another activity licensed and covered by the present law or vis-à-vis a natural or legal person active in the gambling sector.
§ 3. The commission denies access to the following persons within the meaning of this Act and for which mandatory registration is required:
1. persons who have voluntarily requested so;
2. persons protected under article 492/1 of the Civil Code at the request of their legal representative;
3. persons who, under the royal decree no. 22 of 24 October 1934, have been prohibited from holding certain positions or carrying on certain occupations or activities, after notification by the public prosecutor.
4. persons suffering from gambling addiction.This access refusal order can be issued upon the request of every interested party. The request must include the reasons and is made to the commission. The commission shall decide after inviting the player in question to present his defence;
6. persons for whom the request for collective debt arrangement (consumer debt relief) has been declared permissible.
§ 4. As a preventive measure, the commission denies access to the following persons within the meaning of this Act and for which mandatory registration is required:
1. the person to be protected for whom an application has been submitted in accordance with Article 1239 of the Judicial Code or an ex-officio report has been drawn up in accordance with Articles 1238, § 2 and 1243 of the Judicial Code;
2. the person to be protected for whom an application has been submitted in accordance with article 5 of the Act of 26 June 1990 on the protection of persons with a mental illness.The preventive prohibitions set out in the first paragraph terminate where the commission has been advised of the decisions referred to in article 1250 of the Judicial Code and articles 8, 12 and 30 of the Act of 26 June 1990 on the protection of persons with a mental illness.The information to be sent to the commission by the judicial authorities, may be sent electronically.
§ 5. The King determines the method of prohibiting or denying access to games of chance within the meaning of this Act.
Art. 55. The Federal Public Department of Justice is setting up a system for processing information concerning the persons falling under article 54.
The commission is the controller of the information processing system referred to in the first paragraph.
The objectives of this system are:
1. to enable the gaming commission to carry out the tasks allotted to it under this Act;
2. to enable operators and the personnel of gaming establishments to verify compliance with the exclusions referred to in section 54.
For each person, the following information is processed:
1. surname and first names;
2. place and date of birth;
3. nationality;
4. the identification number referred to in section 8 of the Act of 8 August 1983 organising a National Register of Individuals or, failing such number, the number issued pursuant to the royal decree of 8 February 1991 on the composition and procedures for allotment of identification numbers to individuals who are not entered in the National Register of Individuals;
5. occupation;
6. where appropriate, the decisions referred to in article 54, §3 and §4 to exclude the subject from the gaming rooms of gaming establishments issued by the Gaming Commission and the date of and grounds for that decision.Permanent on-line access to all the categories of information referred to in paragraph 4 is accorded to the gaming commission in return for payment of a fee.
The King, by decree deliberated in the Council of Ministers and on the recommendation of the Data Protection Authority, determines the amount of the fee referred to in paragraph 4, the procedures for administering the information processing system, the procedures for processing information and the procedures for accessing the system.
Art. 55/1. To allow the commission to perform the missions of protecting players assigned to it by the present law and its implementing decrees, the King shall lay down the terms under which the commission may ask the National Bank of Belgium whether a person is in default of payment in the file of the Central Individual Credit Register of the National Bank of Belgium.
Article 56.The first paragraph of section 487sexies of the Civil Code, amended by section 65 of the Act of 31 March 1987 is replaced by the following provision:“Decisions placing a person under the extended minority regime, ordering that parental authority be replaced by guardianship or designating a new guardian are notified by the clerk of court to the Minister of Justice and the mayor of the municipality in the population register of which the person in question is entered.”
Art. 57.1. Article 7, § 4, paragraph 2, of the Act of 26 June 1990 on the protection of persons with mental illness is amended as follows:
“He sends an unsigned copy of the request and said decision to the parties’ barristers and, as appropriate, the legal representative, psychiatrist and confidant of the patient.”
2. Article 8, § 2, paragraph 2, of the same Act is amended as follows:
“He sends an unsigned copy of the judgement to the advisers, the Public Prosecutor and, as appropriate, the legal representative, psychiatrist and confidant of the patient.”
3. Article 30, § 4, paragraph 2, of the same Act is amended as follows:
“He sends an unsigned copy of the judgement or notification of absence of a judgement to the advisers and, as appropriate, the legal representative, doctor and confidant of the patient.”
Art. 58. Apart from the use of credit cards and debit cards in class I gaming establishments, it is prohibited for any person to allow players or gamblers any form of loan or credit or to enter with them into any material or financial transaction for the purpose of paying for a stake or a loss.
Any transaction of which the sum amounts to €3 000 or more must be paid by means of a credit card or debit card.Payment with credit cards is prohibited in the class II, III and IV gaming establishments and for the games of chance that are operated via computers.
Operators of gaming establishments must inform their clients in a legible and conspicuous manner in all rooms accessible to the public of the prohibition against granting a loan as provided for in the first paragraph.
The presence of cash-dispensing machines is prohibited in class I, II, III and IV gaming establishments. The presence of money-changing machines is allowed in class I, II, III and IV gaming establishments.
Art. 59. The real games of chance may only be played with coupons or tokens paid for in cash, belonging to the gaming establishment in question and supplied exclusively by it within its interior, or with coins.This provision does not apply for betting.
Art. 60. It is prohibited to offer clients of class II, III and IV gaming establishments travel, meals, drinks or gifts free of charge or at prices less than the market price of comparable goods and services.
It is permitted to offer clients of class I gaming establishments travel, meals, drinks or gifts free of charge or at prices less than the market price of comparable goods and services up to a maximum amount of €400 per two months per player.
The King may lay down additional conditions and adjust the amount referred to in the previous paragraph.
Art. 61. The King shall take measures in relation to the drawing-up of an ethical code for informing the public about the dangers inherent to games of chance.The King shall specify the conditions for advertising games of chance.The commission has made available leaflets containing information on gambling addiction, the telephone number of the 0800 helpline and the addresses of social services for the class I, II, III and IV gaming establishments.These leaflets must always be made available to the public in a visible place by the establishment in question.If the licence holder uses information-society instruments, the folder must also be available in an electronic format.
Art. 62. In addition to what is provided for in article 54, access to the gaming rooms of gaming establishments Class I, II and Class IV fixed gaming establishments is only permitted on presentation by the person concerned of an identity document and provided his full name, first names, date of birth, place of birth, occupation and address are entered by the operator in a register.
The purpose of this register is to enable the commission to check a posteriori whether the consultations of the information processing system referred to in Article 55 have been made in respect of players visiting class I, II or fixed class IV gaming establishments.
The operator has the register signed by the person concerned.
A copy of the document by which the player has been identified must be kept for a maximum period of ten years as from the date of his last gaming activity.
The King determines the practical procedures for the admission and registration of players.He lays down the conditions for access to the registers.Failure to keep or incorrectly keeping said register or failure to communicate same to the authorities or the alteration or disappearance thereof may entail withdrawal of a class I or II licence by the commission.
The King determines the procedure for admission and registration for playing games of chance via an electronic communication network, and also the requirements to be met for the register.
CHAPTER VII.- Penalties.
Art. 62/1. *Lifted*
Art. 63. Persons guilty of a breach of the provisions of articles 4, § 1, 4 § 3, 8, 26, 27, first paragraph, 46 and 58 are liable to imprisonment for a period of six months to five years and a fine of 100 francs to 100,000 francs, or one of these sanctions.
Art. 64. The perpetrators of violations of the provisions of Articles 4 § 2, 43/1, 43/2, 43/2/1, 43/3, 43/4, 54, 60, the provisions taken in implementation of Article 61, paragraph 2, and the provisions of Article 62 shall be punished with imprisonment from one month to three years and with a fine from 26 francs to 25 000 francs or with either of those punishments alone.
Article 65.The aforementioned penalties may be doubled:
1. in the case of a repeat offence within five years following a conviction pursuant to this Act or its implementing decrees;
2. where the offence has been committed against a person aged under 18 years.
Article 66.A prohibition against exercising certain rights may also be pronounced in accordance with article 33 of the Criminal Code.
Article 67.In the case of all offences, the following shall be confiscated: the money and equivalent paper put up for gaming purposes together with the furnishings, instruments, tools and apparatus deployed or intended to be used for the purposes of gaming.
Article 68.The court may order the definitive or temporary closure of the gaming establishment.In the event the court exercises the option provided under paragraph 1, the commission shall withdraw the licence in question.
Article 69.The provisions of Book I of the Criminal Code, including Chapter VII and article 85, are applicable to the offences provided for under this Act.
Article 70.Natural persons and the directors, managers, decision-making bodies, employees and agents of legal entities are liable in civil law for orders to pay any damages, fines, costs, confiscations and administrative fines whatsoever issued for breach of the provisions of this Act.
The same applies for the members of any companies or partnerships deprived of civil personality where the offence has been committed by a member, manager, employee or agent in the framework of the company’s or partnership’s business.Such persons are jointly and severally liable for the orders referred to in paragraph 1.
The individuals and legal entities referred to in paragraphs 1 and 2 of this article may be cited directly before the criminal court by the public prosecutor or a civil party.
CHAPTER VIII.- Guarantees and costs.
Art. 71. With the exception of the Class C, D and F2 licences the licences referred to in Article 25 shall be issued only after payment of an effective guarantee in the form of cash or securities.The guarantee, which is used in the event of non-payment of the costs and expenses referred to in Articles 19 and 72, must be paid to the Consignation Office no later than five days before the start of the gambling operations.
In the event of non-payment of costs, the commission shall be entitled to use the guarantee to pay the amounts due.
If, in the course of its activities, it appears that the guarantee is insufficient to cover the costs, the commission shall require an additional amount to be paid within five days, failing which the licence shall be suspended until payment is made.
The amount of the guarantee has been set at:
1. €250,000 for a Class A licence;
2. €250,000 for an additional Class A+ licence;
3. €75,000 for a Class B licence;
4. €75,000 for an additional Class B+ licence;
5. the amount of €25,000 for holders of a Class E licence who provide services exclusively for the maintenance, repair or equipment of games of chance; the amount of €12,500 per commenced tranche of 50 machines for all other holders of a Class E licence;
6. €10,000 for the holders of a Class F1 licence;
7. €75,000 for an additional Class F1+ licence;
8. €80,000 for the holders of a Class G1 licence;
9. €0 for the holders of a Class G2 licence;
10. €0 for the holders of a Class F1P licence.
The King may amend the amounts of the guarantee by decree deliberated with the Council of Ministers.
The King shall submit to the legislative chambers a draft law aimed at ratifying the decree issued in implementation of the previous paragraph.
CHAPTER IX. - Repeals and Accompanying Measures
Article 72.The Gaming Act of 24 October 1902, amended by the Acts of 19 April 1963 and 22 November 1974, and the Interpretative Act of 14 August 1978 are repealed.
Article 73.Article 305 of the Criminal Code is repealed.
Article 74.Article 1 of the Act of 15 July 1960 on the moral preservation of youth is supplemented by a paragraph worded as follows:
“This provision is not applicable to gaming establishments authorised by the Act of 7 May 1999 on games of chance, betting, gaming establishments and the protection of players.”
Article 75.In section 2bis of the Money-Laundering Act of 11 January 1993, amended by the Act of 10 August 1998, paragraph 5 is replaced by the following provision:
“5. natural persons or legal entities operating one or more class I games of chance falling under the Act of 7 May 1999 on games of chance, betting, gaming establishments and the protection of players.”
Article 76.Concession agreements that, at the time this Act comes into force, have been entered into between class I gaming establishments and the municipalities mentioned in section 29 of this Act remain valid for a maximum period of 20 years provided that said gaming establishments comply with the provisions of this Act within one year of its coming into force.
Art 76/1. The existing organisers of bets that can present a certificate from the Federal Public Service Finance stating that they have fulfilled their fiscal obligations, may continue their activities until the time when the commission has made a decision with regard to granting a class F1 licence, on the condition that a guarantee is paid and a full and correct file is presented within two months starting when this provision comes into effect.
The fixed and mobile class IV establishments and the special intermediaries stipulated in article 43/4, § 5, who are correctly registered with the Federal Public Service Finance and who offer bets for which the organiser has fulfilled his fiscal obligations, may continue their activities until the time when the commission has made a decision with regard to granting a class F2 licence, on the condition that a surety is paid by the organiser whose bets they offer and a full and correct file is presented within two months starting when this provision comes into force.
If the conditions provided in this article are not met, the commission may give the applicant the opportunity to correct his file within a term defined at its discretion.
CHAPTER X. - Final Provisions
Article 77.The King exercises the powers conferred upon him by the Act upon joint presentation by the Ministers for Economic Affairs, of the Interior, of Finance, for Public Health and of Justice.
Article 78.Articles 9 and 23 come into force on the date that notice thereof is published in the Belgian Official Gazette.The other articles come into force on such date as is decided by the King.