Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 June 2006 [shall come
into force from 4 July 2006];
14 April 2011 [shall come into force from 1 July
2011];
12 September 2013 [shall come into force from 1 January
2014];
30 November 2015 [shall come into force from 1 January
2016];
23 November 2016 [shall come into force from 1 January
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
On Gambling and Lotteries
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in this Law:
1) gambling - a game in which a natural person may
acquire a prize fully or partially dependent on chance or
previously unknown circumstances, by depositing a bet. A game on
a gaming machine with a free game as the only prize, as well as a
game on a gaming machine with a prize in kind (with the exception
of cash prizes) up to 15 euros shall not be considered
gambling;
2) gaming machine - an electronic, mechanical or
electromechanical device designed for operating gambling which
includes a specific programme or mechanism for determination of
the amount of the prize;
3) gambling operator - a person who operates gambling
in the Republic of Latvia or collects proceeds from such an
activity;
4) bingo - gambling in which the player may acquire a
prize by guessing random combinations of numbers from pre-set
combinations of numbers and in which the amount of the prize
depends on the drawn or guessed combination of numbers and the
total sum of the deposited bets;
5) wager - gambling in which its player participates by
paying a participation fee (a bet) and by forecasting the
likelihood or unlikelihood of an event, and in which the amount
of the prize depends on the accuracy of the player's forecast,
the deposited bet and the coefficient for calculating the prize,
specified in the rules of the game;
6) interactive gambling - gambling in which the player
may participate by using electronic communication services;
61) interactive lottery - a lottery on a
nationwide scale in which the player may participate by using
electronic communication services;
7) lottery or raffle (hereinafter - the lottery) - a
game which has the nature of an agreement of chance in which the
prize acquired by the participant is fully or partially
random;
8) lottery operator - a person who operates lotteries
in the Republic of Latvia and collects proceeds from such an
activity;
9) dice game - gambling in which the prize depends on
the rolled dice number and the win rate defined by the game rules
and which is not equipped with a special electronic programme for
controlling the game and determining the amount of the prize;
10) card game - gambling in which the prize depends on
the dealt cards (combination thereof) and the win rate defined by
the game rules and which is not equipped with a special
electronic programme for controlling the game and determining the
amount of the prize;
11) card and dice game table - an industrially
manufactured table with an equipped place for the dealer, betting
boxes for the players and a playing surface;
12) prize - the amount of money paid out to the player
by the gambling operator in the event of winning according to the
gambling rules, as well as the amount of money or prize in kind
paid out to the player by the lottery operator according to the
lottery rules in the event of winning;
13) roulette (cylindrical game) - gambling in which the
prize depends on the combination of numbers, symbols or other
signs determined by means of a rotating device, as well as on the
deposited bet and the win rate defined by the game rules and
which is not equipped with a special electronic programme for
controlling the game and determining the amount of the prize;
14) roulette, card and dice bonus game - a game derived
directly from the gambling rules,which upon the onset of certain
conditions ensures additional winning possibilities, excluding
any lottery elements;
15) roulette table - a specially designed manufactured
table with equipped places for the dealer and the players, a
playing surface divided into game fields and a mechanically
rotating cylinder with numbered fields of different colours;
16) gaming machine game - gambling in which the
participant's chances of winning and the amount of the prize are
determined by a gaming machine;
17) gaming machine bonus game - a chance specified in
the game rules of gaming machines and gaming machines connected
in a system to play the game free of charge upon the onset of
certain conditions, but with the chance of winning, excluding any
lottery elements;
18) betting- gambling in which its player participates
by depositing a bet and forecasting the occurrence of a single
event or multiple events, the possibility or impossibility of an
event or anything that may turn out to be true or false and in
which the prize depends on the total sum of the deposited bets,
the win rate and the results of the forecast. It is prohibited to
operate betting for events that have already taken place or
events known to one of the betting parties or to both
parties;
19) game of chance via the telephone - gambling in
which the results partly or fully depend upon chance and in which
the player participates in the game by answering a question or
otherwise according to the game rules, using a telephone and
paying an entry fee according to the premium rate tariff
determined by the game operator.
[12 September 2013; 30 November
2015; 23 November 2016]
Section 2. Purpose and Scope of the
Application of the Law
(1) The purpose of this Law is to ensure the protection of
public interests and the rights of players.
(2) This Law prescribes the procedures for operating gambling
and lotteries, governs the activities, responsibility and
supervision of the gambling and lottery operator, and determines
the rights, obligations and liability of the persons to whom the
requirements of this Law apply.
(3) The rights and obligations of the gambling and lottery
operators in preventing money laundering and terrorist financing
are laid down in the Law On the Prevention of Money Laundering
and Terrorism Financing.
[23 November 2016]
Section 3. Gambling and Lottery
Operating Rights
(1) In the Republic of Latvia, gambling and lotteries may be
operated only after receiving licences for the respective type of
gambling or lotteries.
(2) Only the gambling, lotteries and bonus games referred to
in this Law are permitted in the Republic of Latvia.
[30 November 2015]
Section 4. Registration and
Certification of Gaming Machines and Gambling Equipment
(1) In the Republic of Latvia, it shall be permitted to
install and operate registered and certified gaming machines and
gambling equipment, as well as gaming machine game
programmes.
(2) Registration is the registration of each gaming machine,
gambling equipment and gaming machine game programme with the
Lotteries and Gambling Supervision Inspection, assigning an
identification number to each gaming machine and gambling
equipment which remains the same during the entire operating
period of the respective gaming machine and gambling equipment.
The assignment of an identification number to a gaming machine
and gambling equipment shall be a fee-based service provided by
the Lotteries and Gambling Supervision Inspection. The amount of
the fee for the service provided and the payment procedures shall
be determined by the Cabinet.
(3) Certification is an investigation conducted to determine
if a gaming machine, a model of gambling equipment and its game
programme conform to the standards of the manufacturer and the
requirements of the laws and regulations of the Republic of
Latvia.
(4) Only laboratories which have acquired an accreditation
certificate for testing and certification in the respective
field, issued by an accreditation authority of the relevant
Member State of the European Union, shall be authorised to
certify the gaming machines, gambling equipment and gaming
machine game programmes.
(5) [14 April 2011]
(6) The registration of gaming machines, gambling equipment
and gaming machine game programmes shall be conducted in
accordance with the procedures stipulated by the Cabinet.
(7) The Cabinet shall determine the information to be included
in the certificate of conformity of a gaming machine, gambling
equipment and the game programme of a gaming machine.
[8 June 2006; 14 April 2011; 23
November 2016]
Chapter II
Types and Rules of Gambling
Section 5. Types of Gambling
It shall be permitted to operate the following types of
gambling in the Republic of Latvia:
1) gaming machine games;
2) roulette (cylindrical game);
3) card games;
4) dice games;
5) wagers;
6) betting;
7) bingo;
8) games of chance via telephone.
[30 November 2015]
Section 6. Rules of Gambling
(1) The rules of each type of gambling - gaming machine games,
roulette (cylindrical game), card games, dice games, bingo,
totalisator betting or interactive gambling - are a document
prepared by the gambling operator and approved by the Lotteries
and Gambling Supervision Inspection in which the course of the
game has been described and additional information identifying
the game has been provided.
(2) The following information shall be indicated in the rules
of gambling:
1) the name, legal address and phone number of the gambling
operator;
2) the title and type of gambling;
3) the gambling entry fee (bet);
4) the procedures by which a player may participate in the
game;
5) the course of the game;
6) the conditions on which the participant shall receive his
or her prize, and the amount of the prize [including the
correlation of the prize to the entry fee (bet)];
7) the procedures for applying for the prize and handing out
the prize;
8) the date by which the participant of gambling may apply for
the prize;
9) the authority to which the participant may apply in case of
any claims, as well as the procedures for considering the
claims;
10) additional information which the gambling operator may
consider relevant.
(3) The rules of gaming machine games shall include the title
and type of the game, as well as the name of the manufacturer of
the gaming machine and the game.
(4) In the bingo game in which a game card is used, the
following information shall be indicated:
1) the name, legal address and phone number of the gambling
operator;
2) the address where the prize is to be received;
3) the deadline for claiming the prize;
4) the price of the game card or the basic bet of the
game;
5) the consecutive and series number of the game card.
(5) The rules of the bonus game shall include the following
information:
1) the name, legal address and phone number of the bonus game
operator;
2) the title of the bonus game;
3) the procedures by which a participant may take part in the
bonus game;
4) the course the bonus game;
5) the conditions upon setting in of which the participant
shall receive the prize, as well as the amount of the prize;
6) the procedures for applying for the prize and handing out
the prize;
7) the date by which the participant of the bonus game may
apply for the prize;
8) the authority to which the participant may apply in case of
any claims, as well as the procedures for considering the
claims;
9) additional information which the bonus game operator may
consider relevant.
(6) The Lotteries and Gambling Supervision Inspection has the
right to require additional information from the gambling
operator in order to decide on the conformity of the gambling
rules submitted for approval with the provisions of this Law.
(7) The Lotteries and Gambling Supervision Inspection shall
approve the rules prepared by the gambling operator within 15
days from the date of the receipt thereof, except the cases
referred to in Section 7 of this Law.
Section 7. Refusal to Approve the
Rules of Gambling or a Bonus Game
The Lotteries and Gambling Supervision Inspection shall refuse
to approve the rules of gambling or a bonus game, if at least one
of the following conditions applies:
1) the information specified in this Law has not been included
therein;
2) the rules provide for the operation of a type of gambling
non-conforming to the requirements of this Law;
3) the rules provide that the prize may be received only when
a definite number of participants take part in the game or when
the total sales have reached a definite sum;
4) the rules provide for the operation of a pyramidal game in
which the participation fee (bet) or invested values after some
time give the possibility to obtain the prize to an indefinite
range of persons.
Chapter III
Licence to Operate Gambling
Section 8. Requirements for the
Gambling Operator
The licence to operate gambling (hereinafter - the licence)
may be received by a gambling operator who meets the following
criteria:
1) it is a capital company registered in the Republic of
Latvia, the paid-up share capital of which is not less than
1,400,000 euros;
2) the share of foreign members or stockholders in the share
capital of a capital company does not exceed 49 per cent. This
requirement shall not apply to investors from the Member States
of the European Union, the states of the European Economic Area
and the Member States of the Organisation for Economic
Co-operation and Development (residents), and also in cases in
which different regulations for foreign investments are provided
for by international agreements ratified by the
Saeima.
[12 September 2013; 30 November
2015; 23 November 2016]
Section 9. Requirements Concerning
the Officials of the Gambling Operator
(1) Not less than half of the members of the council, if one
has been established, and of the board of directors of the
gambling operator in the respective capital company, should be
taxpayers (residents) of the Member States of the European Union,
the states of the European Economic Area or the Member States of
the Organisation for Economic Co-operation and Development.
(2) In order to be appointed a member of the council and the
board of directors and an auditor of the gambling operator, a
person should meet the following criteria:
1) he or she must have impeccable reputation;
2) he or she should not be deprived of the right to conduct
commercial activity.
(3) A person who has been sentenced for an intentional
criminal offence or against whom criminal proceedings for an
intentional criminal offence have been terminated for
non-exonerating reasons, shall not be considered to be a person
with impeccable reputation and may not be appointed as the
official referred to in this Section.
(4) The capital company shall, upon its own initiative or upon
a request from the Lotteries and Gambling Supervision Inspection,
immediately remove from the office the official referred to in
this Section, if the official does not comply with the
requirements of this Section.
[30 November 2015]
Section 10. Licence to Operate
Gambling
(1) The licence to operate gambling shall be issued by the
Lotteries and Gambling Supervision Inspection.
(2) The licence to operate gambling shall be issued for an
indefinite period of time and it must be re-registered each year
with the Lotteries and Gambling Supervision Inspection.
(3) The licence to operate gambling shall give the right to
its recipient to operate gambling specified in the licence in the
whole territory of the Republic of Latvia.
Section 11. Application to Receive a
Licence to Operate Gambling
To receive the licence to operate gambling, a capital company
shall submit an application to the Lotteries and Gambling
Supervision Inspection enclosing the following documents:
1) a copy of the financial statement (balance sheet and profit
and loss statement) on its economic activity within the reference
period for the past full quarters of the current year, if the
capital company conducts commercial activity;
2) information on the debt obligations of the capital company,
the amount and the deadlines for reimbursing the loan, on the
date of submitting the application;
3) information on the origin of the money and property
contributed to the share capital of the capital company, proven
by transaction documents;
4) the development plan of the capital company for the next
operating year indicating the planned types of gambling, the
expected amount and allocation of revenue and expenditure, the
amount and use of the profit;
5) [23 November 2016];
6) the confirmation that members of the council and the board
of directors and the auditor of the capital company comply with
the requirements laid down in Section 9 of this Law.
[23 November 2016]
Section 12. Additional Information
to be Required
Upon reviewing the application on issuing the licence to
operate gambling, the Lotteries and Gambling Supervision
Inspection has the right to require additional information
regarding the following:
1) the participants or shareholders of the capital company in
order to consider their financial state and reputation;
2) members of the council and the board of directors, the
auditor of the capital company, in order to consider their
compliance with the requirements of Section 9 of this Law;
3) the debt obligations of the capital company;
4) the origin of the funds or property invested in the capital
company's share capital;
5) the information indicated in the development plan for the
next operating year.
Section 13. Time Period for
Considering Applications
(1) The Lotteries and Gambling Supervision Inspection shall
take a decision to issue or to refuse to issue the licence to
operate gambling within 90 days from the date of receipt of the
application.
(2) If additional information and documents are requested, the
Lotteries and Gambling Supervision Inspection shall take a
decision to issue or to refuse to issue the licence to operate
gambling within 90 days from the date of receipt of the
additional information and documents.
Section 14. Procedures for
Considering Applications
(1) Upon considering the submitted application, the Lotteries
and Gambling Supervision Inspection shall assess the conformity
of the capital company with the provisions of this Law, the
annual report of the capital company (the financial statement and
the management report) on the previous reference year, a report
by a sworn auditor, the compliance of the holders of shares and
stocks, members of the council and the board of directors, and
the auditors of the capital company with the provisions of this
Law, as well as other submitted documents, the origin of the
funds or property invested in the capital company's share capital
and the economic substantiation of the development plan for the
next operating year, and shall take a decision to issue or to
refuse to issue the licence to operate gambling.
(2) Upon taking the decision to issue the licence to operate
gambling, the Lotteries and Gambling Supervision Inspection shall
determine the re-registration date of the licence for the next
operating year.
(3) The applicant shall be notified of the decision by the
Lotteries and Gambling Supervision Inspection within 10 days.
[23 November 2016]
Section 15. Refusal to Issue the
Licence to Operate Gambling
The Lotteries and Gambling Supervision Inspection has the
right to take a decision to refuse to issue the licence to
operate gambling, if at least one of the following conditions
applies:
1) there are major violations of the laws or regulations of
the Cabinet in the activities of the capital company;
2) the capital company is indebted to the State or local
government budget;
3) false information has been provided in the submitted
documents;
4) the capital company does not conform to the requirements of
this Law;
5) the owners of the shares and stock, the members of the
council and the board of directors, and the auditors of the
capital company do not comply with the requirements of this
Law;
6) it finds that the funds or property invested in the share
capital of the capital company has been acquired in unusual or
suspicious transactions or there is no documentary evidence on
the legal acquisition of these funds and property;
7) the submitted development plan for the next operating year
does not correspond with the actual market situation and is
economically unjustified;
8) the debt obligations of the capital company exceed the
assets thereof or the capital company has been declared
insolvent.
Section 16. Re-registration of the
Licence to Operate Gambling
The gambling operator shall re-register the licence to operate
gambling each year by the date indicated in the decision to issue
the licence.
Section 17. Documents to be
Submitted for Re-registration of the Licence to Operate
Gambling
(1) The application and other documents for re-registration of
the licence to operate gambling shall be submitted to the
Lotteries and Gambling Supervision Inspection two months prior to
the deadline for re-registration.
(2) The following documents shall be enclosed with the
application for re-registration of the licence:
1) a copy of the financial statement (balance sheet and the
profit and loss account) on its economic activity within the
reference period for the past full quarters of the current
year;
2) [23 November 2016];
3) [23 November 2016];
4) information on the debt obligations of the capital company,
the amount and the deadlines for reimbursing the loan, on the
date of submitting the application;
5) the development plan of the capital company for the next
operating year, indicating the planned types of gambling, the
projected number of gambling locations, gaming tables and gaming
machines, the number of employees, the expected amount and
allocation of revenue and expenditure.
[23 November 2016]
Section 18. Procedures for Deciding
on Re-registration of the Licence to Operate Gambling
(1) Upon re-registration of the licence to operate gambling,
the Lotteries and Gambling Supervision Inspection shall verify
whether the gambling operator complies with the requirements of
this Law for re-registering the licence.
(2) The re-registration of the licence to operate gambling
shall be refused, if any of the conditions referred to in Section
15 of this Law applies, justifying the refusal to issue such a
licence.
(3) The Lotteries and Gambling Supervision Inspection shall
take a decision to re-register or to refuse to re-register the
licence to operate gambling within 30 days from the date of
receipt of the application. If additional information and
documents are requested, the Lotteries and Gambling Supervision
Inspection shall take a decision to re-register or to refuse to
re-register the licence to operate gambling within 30 days from
the date of receipt of the additional information and
documents.
Section 19. Payment of the State
Fee
(1) The Lotteries and Gambling Supervision Inspection shall
issue the licence to operate gambling after the statutory State
fee has been paid.
(2) After the decision to issue the licence to operate
gambling has been notified, its recipient shall pay the statutory
State fee for issuing the licence to operate gambling within 10
working days.
(3) The decision to re-register the licence to operate
gambling shall give the applicant the right to continue the
operation of gambling only after the statutory State fee has been
paid.
[30 November 2015]
Chapter IV
Gambling Premises
Section 20. Gambling Premises
Gambling may be operated only in casinos, gambling halls,
bingo halls, as well as on the premises of betting or wagering
shops, if a corresponding gambling premises licence has been
received.
Section 21. Casinos
(1) A casino is premises for operating gambling, marked in the
building's technical inventory plan as a structurally separate
isolated space or several interconnected spaces which are
specially equipped for operating a gaming machine, roulette
(cylindrical games), card and dice games with at least:
1) ten installed gaming tables, if the casino is located in
Riga;
2) five installed gaming tables, if the casino is located
outside Riga.
(2) It is prohibited to install and operate gaming tables of
roulette (cylindrical game), card and dice games outside a
casino.
(3) Any gambling equipment located in the casino should be
owned by the capital company which has been granted the necessary
gambling premises licence.
Section 22. Gambling Halls
(1) A gambling hall is premises for operating gambling, marked
in the building's technical inventory plan as a structurally
separate isolated space or several interconnected spaces, with at
least 20 gaming machines installed and operated.
(2) Only those gaming machines owned or leased by the capital
company which have been granted the necessary gambling premises
licence, may be installed in the gambling hall.
Section 23. Bingo Halls
A bingo hall is premises for operating gambling, marked in the
building's technical inventory plan as a structurally separate
isolated space or several interconnected spaces in which bingo is
operated.
Section 24. Premises for Installing
Gaming Machines and Their Operation
(1) Gaming machines may be installed and operated only in
casinos and gambling halls.
(2) Gaming machines may be operated only if they are
interconnected in a single network of a gaming machine control
and monitoring system, ensuring online data exchange with the
Lotteries and Gambling Supervision Inspection. The implementation
and maintenance procedures of the single gaming machine control
and monitoring system, the requirements for connecting the gaming
machines to the single gaming machine control and monitoring
system, as well as the data to be included in the abovementioned
system, and the procedures for exchanging data shall be
determined by the Cabinet.
[30 November 2015 / The new wording of Paragraph two
shall apply from 1 January 2019. See Paragraph 17 of
Transitional Provisions]
Section 25. Premises for a Totaliser
or a Betting Point
The premises for a betting or a wagering shop are the gambling
premises marked in the building's technical inventory plan as a
space or part of that space where bets for betting or wagering
are accepted.
Section 26. Licence of a Casino, a
Gambling Hall or a Bingo Hall
(1) The licence of a casino, a gambling hall or a bingo hall
shall give the right to its holder to establish a casino, a
gambling hall or a bingo hall at the address indicated in the
licence, and the licence shall be issued to capital companies
which have received the licence to operate the relevant type of
gambling.
(2) In order to receive the licence of a casino, a gambling
hall or a bingo hall, the gambling operator shall submit an
application to the Lotteries and Gambling Supervision Inspection,
enclosing:
1) a transcript from the land register division, confirming
the proprietary rights of the applicant to the premises in which
it has been planned to establish a casino, a gambling hall or a
bingo hall, or documents (duplicates thereof) confirming the
rights of the applicant to use the premises in which it has been
planned to establish a casino, a gambling hall or a bingo hall,
together with the corresponding transcript from the land register
division. If the person who has signed the document confirming
the right to use the premises is not the owner of the premises,
the owner of the premises shall additionally submit a written
confirmation of his or her consent to a casino, a gambling hall
or a bingo hall being established on those premises;
2) the building floor plan where it has been planned to
establish a casino, a gambling hall or a bingo hall, indicating
the premises on which gambling will be operated;
3) the development plan for the next operating year of the
particular casino, gambling hall or bingo hall, indicating the
planned types of gambling, the number of the gaming tables and
gaming machines, the number of employees, the expected amount and
allocation of revenue and expenditure;
4) the permit of the local government to establish a casino, a
gambling hall or a bingo hall and operate the relevant type of
gambling on the particular premises, issued in accordance with
this Law, unless it has been planned to establish a casino in the
hotels of category IV [four stars (****)] (hereinafter - the four
star hotel) or of category V [five stars (*****)] (hereinafter -
the five star hotel);
5) information regarding the manager (administrator) of the
relevant casino, gambling hall or bingo hall, specifying the
given name, surname, personal identification number (if there is
none - the title, number, issuing date and name of the issuing
authority of the personal identification document);
6) a certificate confirming that the layout of the premises
and facilities of the casino, gambling hall or bingo hall meet
the requirements of the laws and regulations regarding public
buildings and constructions which are in force, taking into
account the number of people for whom they are intended.
(3) If it has been planned to establish a casino in a four or
five star hotel, a copy of the certificate confirming the
category of the hotel shall be attached to the application.
[30 November 2015]
Section 27. Premises Licence for a
Totaliser or a Betting Point
(1) The betting or wagering shop premises licence shall be
issued to capital companies which have received the licence to
operate the relevant types of gambling. The betting or wagering
shop premises licence shall give its holder the right to accept
bets for participation in betting or wagering on the premises
indicated in the licence.
(2) To receive a betting or a wagering shop premises licence,
the gambling operator shall submit an application to the
Lotteries and Gambling Supervision Inspection, enclosing:
1) a transcript from the land register division, confirming
the proprietary rights of the applicant to the premises, where it
has been planned to establish a betting or a wagering shop, or
documents (duplicates thereof) confirming the rights of the
applicant to use the premises on which it has been planned to
establish a betting or a wagering shop, together with the
relevant transcript from the land register division. If a person
who has signed the document confirming the rights to use the
premises is not the owner of the premises, the owner of the
premises shall additionally submit a confirmation of his or her
written consent to a betting or a wagering shop being established
on those premises;
2) the building floor plan where it has been planned to
establish a betting or a wagering shop indicating the premises on
which gambling will be operated;
3) a permit from the local government to establish a betting
or a wagering shop and operate the relevant type of gambling on
the particular premises, issued in accordance with this Law;
4) the development plan of the particular betting or wagering
shop for the next operating year, indicating the planned types of
gambling, gambling equipment, the number of intended potential
events, the number of employees, the expected amount and
allocation of revenue and expenditure.
[30 November 2015]
Section 28. Granting the Gambling
Premises Licence
The Lotteries and Gambling Supervision Inspection shall take a
decision to grant or to refuse to grant the gambling premises
licence within 30 days from the date of receipt of the
application. If any additional information and documents are
requested, the Lotteries and Gambling Supervision Inspection
shall take a decision to grant or to refuse to grant the gambling
premises licence within 30 days from the date of receipt of the
additional information and documents.
Section 29. Person Responsible for
the Gambling Premises
The manager (administrator) shall be the person responsible
for the gambling premises of the casino, gambling hall or bingo
hall who is responsible for the legality of the gambling process
in the respective casino, gambling hall or bingo hall.
Section 30. Approval of the Person
Responsible for the Gambling Premises
(1) Upon granting the casino, gambling hall or bingo hall
licence, the Lotteries and Gambling Supervision Inspection shall
approve the manager (administrator) of the respective casino,
gambling hall or bingo hall.
(2) A person shall not be approved as a manager
(administrator) of a casino, a gambling hall or a bingo hall, if
at least one of the following conditions applies:
1) the respective person has been recognized incapacitated in
accordance with the procedures laid down in the law;
2) the person is suspected, accused or convicted of a criminal
offence;
3) criminal proceedings for an intentional criminal offence
has been terminated against the person for non-exonerating
reasons.
(3) The Lotteries and Gambling Supervision Inspection shall
take a decision to approve or to refuse to approve the manager
(administrator) of a casino, a gambling hall or a bingo hall
within 30 days from the date of receipt of the application. If
any additional information and documents are requested, the
Lotteries and Gambling Supervision Inspection shall take a
decision to approve or to refuse to approve the manager
(administrator) of a casino, a gambling hall or a bingo hall
within 30 days from the date of receipt of the additional
information and documents.
(4) The operation of a casino, a gambling hall or a bingo hall
is prohibited, if the Lotteries and Gambling Supervision
Inspection has not approved its manager (administrator).
Section 31. Replacement of the
Person Responsible for the Gambling Premises
(1) The gambling operator shall inform the Lotteries and
Gambling Supervision Inspection regarding the appointment of a
new manager (administrator) of the respective casino, gambling
hall or bingo hall, as well as regarding the dismissal of the
previous manager (administrator) within three working days.
(2) The Lotteries and Gambling Supervision Inspection shall
take a decision to approve or to refuse to approve the manager
(administrator) of a casino, a gambling hall or a bingo hall
within 20 days after receipt of the corresponding
notification.
(3) In the period of replacement of the manager
(administrator) of the gambling premises, the prohibition
specified in Section 30, Paragraph four of this Law is not
applied.
Section 32. Re-registration of the
Licence of a Casino, a Gambling Hall or a Bingo Hall
(1) The gambling operator shall re-register the casino,
gambling hall or bingo hall licence annually by the date
indicated in the decision to grant the respective casino,
gambling hall or bingo hall licence.
(2) In order to re-register the casino, gambling hall or bingo
hall licence, an application and a development plan for the next
operating year of the particular gambling premises shall be
submitted to the Lotteries and Gambling Supervision Inspection
one month prior to the re-registration date.
(3) Upon re-registration of the casino, gambling hall or bingo
hall licence, the Lotteries and Gambling Supervision Inspection
shall verify whether the gambling operator complies with the
legal requirements for re-registration of the licence.
(4) The re-registration of the casino, gambling hall or a
bingo hall licence shall be refused, if any of the documents
specified in Section 26, Paragraph two or three of this Law has
ceased to be in effect and a new document replacing it has not
been submitted to the Lotteries and Gambling Supervision
Inspection.
(5) The Lotteries and Gambling Supervision Inspection shall
take a decision to re-register or to refuse to re-register the
casino, gambling hall or bingo hall licence within 30 days after
the date of receipt of the application. If any additional
information and documents are requested, the Lotteries and
Gambling Supervision Inspection shall take a decision to
re-register or to refuse to re-register the respective casino,
gambling hall or bingo hall licence within 30 days from the date
of receipt of the additional information and documents.
[30 November 2015]
Section 33. Re-registration of the
Premises Licence of a Betting or a Wagering Shop
(1) The gambling operator shall re-register the premises
licence of a betting or a wagering shop annually by the date
indicated in the decision to grant the premises licence of a
betting or a wagering shop.
(2) In order to re-register the premises licence of a betting
or a wagering shop, an application and a development plan for the
next operating year of the respective gambling premises shall be
submitted to the Lotteries and Gambling Supervision Inspection
one month prior to the end of the re-registration period.
(3) Upon re-registering the premises licence of a betting or a
wagering shop, the Lotteries and Gambling Supervision Inspection
shall verify whether the gambling operator complies with the
legal requirements for re-registration of the licence.
(4) The re-registration of the premises licence of a betting
or a wagering shop shall be refused, if any of the documents
referred to in Section 27, Paragraph two of this Law has ceased
to be in effect and a new document replacing it has not been
submitted to the Lotteries and Gambling Supervision
Inspection.
(5) The Lotteries and Gambling Supervision Inspection shall
take the decision to re-register or to refuse to re-register the
premises licence of the respective betting or wagering shop
within 30 days from the date of receipt of the application. If
any additional information and documents are requested, the
Lotteries and Gambling Supervision Inspection shall take a
decision to re-register or to refuse to re-register the premises
licence of a betting or a wagering shop within 30 days from the
date of receipt of the additional information and documents.
Section 34. Payment of the State
Fee
(1) The Lotteries and Gambling Supervision Inspection shall
grant the licence to a casino, a gambling hall, a bingo hall, a
betting or a wagering shop after the statutory fee has been
paid.
(2) The decision to re-register the licence of a casino, a
gambling hall, a bingo hall, a betting or a wagering shop shall
give them the right to continue operating gambling only after the
statutory State fee has been paid.
[30 November 2015]
Chapter V
Rights and Obligations of Gambling Operators
Section 35. Rights of a Gambling
Operator
To ensure the conformity with the requirements of laws and
regulations, a gambling operator has the following rights:
1) to issue the internal rules of conduct to be observed by
the visitors of the gambling premises;
2) to require that the visitors of the gambling premises
present personal identification documents and in cases provided
for in this Law to process the data of natural persons;
3) to contest and appeal against the decisions of the
Lotteries and Gambling Supervision Inspection.
Section 36. General Obligations of a
Gambling Operator
(1) A gambling operator shall be responsible for:
1) the lawfulness of the gambling process;
2) payment of the gambling tax and fee in accordance with the
procedures and in the amount laid down in the law;
3) the expertise and professionalism of the staff
involved;
4) upon request of a player to ensure on the gambling premises
the availability of a copy of the rules of the respective type of
gambling, approved by the Lotteries and Gambling Supervision
Inspection.
(2) If a person is purchasing means for participation in the
game (chips, tokens, etc.) or exchanging them for money, and the
total amount is equivalent to or higher than 1,000 euros, the
gambling operator shall record the personal data of this person,
- his or her given name, surname and personal identification
number, but if there is none - the title, number, issuing date
and name of the issuing authority of the personal identification
document. The gambling operator shall keep the abovementioned
data on players and their transaction documents for at least five
years.
(3) The gambling operator shall ensure the payout of the prize
to the player, in conformity with the following conditions:
1) a prize that does not exceed 720 euros shall be paid out
immediately;
2) a prize in the range from 721 euros to 14,300 euros shall
be paid out within 24 hours;
3) a prize that exceeds 14,300 euros shall be paid out in
accordance with the procedures approved of in the gambling rules
not later than within 30 days and in not more than two
payments;
4) upon request of a player, the prize may be paid out in cash
or transferred to the bank account specified by the player.
(4) If any amendments have been made to the documents that
constitute the grounds for receiving the licence to operate
gambling or receiving the casino, gambling hall or bingo hall
licences or betting or wagering shop licences, the gambling
operator shall inform the Lotteries and Gambling Supervision
Inspection in writing within five working days, but as regards
the changes in the share capital of the capital company and in
the composition of participants and the stockholders - within
five working days after registration of these changes in the
Enterprise Register of the Republic of Latvia.
[12 September 2013]
Section 37. Additional Obligations
of Gambling Operators in Casinos, Gambling Halls and Bingo
Halls
(1) A gambling operator to whom the casino, gambling hall or
bingo hall licence has been issued, shall ensure the following
during the working hours of the gambling premises:
1) permanent presence of an employee authorised to provide
statutory information to the control authorities;
2) the maintenance of internal electricity supply networks
corresponding with the regulations for supply and use of
electricity and guaranteeing uninterrupted and continuous
record-keeping of the gambling equipment;
3) denial of access to the premises to persons under 18 years
of age;
4) continuous internal and external video surveillance of the
gambling premises. The video recording shall be kept for at least
seven days from the date when it was recorded;
5) security services provided by a licensed security capital
company or a certified security guard bearing responsibility for
public order and personal safety on the particular gambling
premises;
6) a warning regarding the addictive nature of gambling. In
casinos and gambling halls, a self-control test shall be placed
in a prominent place and the possibility to receive it in
writing, as well as to receive information regarding seeking help
in case of gambling addiction shall be provided.
(2) The gambling operator has a duty to verify the age of the
visitors of the respective casino, gambling hall or bingo hall,
and in case of any doubt to require that they present a personal
identification document. Upon request from an employee of the
gambling operator, the visitors of the respective casino,
gambling hall or bingo hall have a duty to prove their identity
and age by presenting a personal identification document.
Section 38. Special Obligations of
Gambling Operators as Regards the Operation of Gambling in
Casinos
Upon operating gambling in casinos, the gambling operator
shall ensure:
1) continuous real-time video recording of each gaming table,
the casino entrance, the front desk and the cash desk during the
casino's working hours. The video recording shall be kept for at
least seven days from the date when it was recorded;
2) cash counting during the encashment process in the video
surveillance area in a room separated from visitors;
3) the cash desk in a separate room;
4) at least two entrances - separately for the casino staff
and the visitors;
5) registration of each casino visitor before he or she enters
the gambling premises;
6) conformity with the requirements for personal data
protection laid down in the law upon administration of the
register of casino visitors.
Section 39. Registration of Casino
Visitors
(1) The purpose of registration of casino visitors is to
identify all casino visitors in order to avoid the visits of
minors and to prevent money laundering and the financing of
terrorism.
(2) Visitors of the casino shall be registered upon each visit
by asking them to present their personal identification documents
and entering the following information in the register of
visitors:
1) the given name and surname of the visitor;
2) the personal identification number (if there is none - the
title, number, issuing date and name of the issuing authority of
the personal identification document);
3) the date and time when the person entered the gambling
premises.
(3) In the event of a revisit, instead of producing a personal
identification document, the casino visitor may produce a special
casino visitor's card issued by the owner of the casino, clearly
identifying the particular casino visitor.
(4) Prior to delivery of the information included in the
casino's register of visitors to the Lotteries and Gambling
Supervision Inspection, it shall be kept electronically, ensuring
protection of this information against loss or damage,
unauthorised access by third parties, and implementing a system
that enables full recovery of the information in case of the loss
thereof.
(5) The information included in the casino's register of
visitors shall be summarised on a monthly basis and submitted to
the Lotteries and Gambling Supervision Inspection which shall
ensure its storage for five years.
(6) The procedures for registering casino visitors, for the
storage, summarising and transfer of the information to be
included in the register, as well as the categories of
information recipients and other technical and organisational
measures related to the casino's register of visitors and
ensuring the protection of personal data shall be determined by
the Cabinet.
[23 November 2016]
Chapter VI
Restrictions on the Operation of Gambling
Section 40. Restrictions on the
Commercial Activity of a Gambling Operator
Upon prior written notification to the Lotteries and Gambling
Supervision Inspection, a gambling operator may establish
subsidiaries, invest in capital companies with foreign investment
engaged in the operation and maintenance of lotteries and
gambling.
Section 41. Restrictions on the
Operation of Gambling
(1) It is prohibited for a gambling operator to operate
gambling, if at least one of the following conditions
applies:
1) the relevant licence has not been received;
2) the Lotteries and Gambling Supervision Inspection has not
approved the rules of gambling or a bonus game;
3) the statutory State fee for receiving the licence to
operate gambling and the gambling premises licence has not been
paid;
4) after the deadline for re-registering the licence to
operate gambling and the gambling premises licence, no decision
has been made on re-registration of the licence or no statutory
State fee for re-registration has been paid;
5) the licence received to operate gambling has been
transferred to a third party;
6) persons under 18 years of age participate in gambling;
7) the total sum of a betting, a wagering and a bingo prize is
less than 50 per cent of the total sum of the bids, the total sum
of the gaming machine prize is less than 80 per cent of the total
sum of the bids, the total sum of the prize from the games of
chance by phone is less than 45 per cent of the total sum of the
bids.
(2) It is prohibited to operate gambling in:
1) State institutions;
2) churches and places of worship;
3) healthcare and educational institutions;
4) pharmacies, post office departments or credit
institutions;
5) public places during public events, except for betting or
wagering;
6) areas that have been granted the status of a market in
accordance with specific procedures;
7) shops, cultural institutions, railway stations, bus
stations, airports, ports, with the exception of gambling halls,
betting or wagering shops which are located on premises isolated
by building structures and with a separate outside entrance;
8) bars and cafés, except for betting or wagering;
9) service hotels;
10) buildings with a common outside entrance for apartments
and gambling premises.
(3) It is prohibited for the gambling operator to provide any
type of loans or credits to the players.
(4) Within the meaning of Section 2284 of The Civil Law, any
loan granted on the gambling premises shall be considered a loan
deliberately provided for gambling.
(5) Outside the gambling premises, advertising gambling is
prohibited. On the gambling premises, it shall be permitted to
exhibit only the name of the gambling premises and the registered
trademark of the gambling operator.
(6) It is prohibited to offer to play a gambling game free of
charge, as a gift or a prize or compensation for the purchase of
any goods or services.
[8 June 2006 / See Transitional Provisions]
Section 42. Rights of a Local
Government to Regulate Gambling
(1) To obtain the licence referred to in Sections 26 and 27 of
this Law to establish a casino, a gambling hall, a bingo hall, a
betting or a wagering shop and to operate the relevant type of
gambling on the particular premises, the gambling operator shall
submit an application to the local government, enclosing:
1) a certified copy of the licence to operate gambling;
2) documents (copies thereof) attesting to the ownership of
the premises on which it has been planned to establish a casino,
a gambling hall, a bingo hall, a betting or a wagering shop, and
the written consent of the owner of the premises to a casino, a
gambling hall, a bingo hall, a betting or a wagering shop being
established on these premises, or documents (copies thereof)
proving the rights of the applicant to use the premises or the
applicant's capacity to obtain the rights to use the premises on
which it has been planned to establish a casino, a gambling hall,
a bingo hall, a betting or a wagering shop, accompanied by
documents (copies thereof) confirming the applicant's ownership
rights to the premises. If the person who has signed the document
attesting to the capacity to obtain the rights to use the
premises is not the owner of these premises, the owner of the
premises shall additionally submit a written confirmation of his
or her consent to a casino, a gambling hall, a bingo hall, a
betting or a wagering shop being established on those
premises.
(2) After receiving the application referred to in Paragraph
one of this Section, the local government shall assess the
conformity of the gambling premises referred to in the
application with the restrictions referred to in Section 41,
Paragraph two of this Law. If the application specifies a place
to which at least one of the restrictions referred to in Section
41, Paragraph two of this Law applies, the local government shall
refuse to issue the permit.
(3) If it has been planned to operate gambling on the premises
which are not subject to the restrictions referred to in Section
41, Paragraph two of this Law, the city or local government
council shall decide on the permit to operate gambling on a case
by case basis, if the operation of gambling on the particular
premises does not create substantial impairment to the interests
of the State and the residents of the respective administrative
area. No permit from the local government shall be needed to
establish a casino in a four- or five-star hotel.
(4) The local government shall issue the permit to establish a
casino, a gambling hall, a bingo hall, a betting or a wagering
shop and to operate the respective type of gambling on the
specified premises for an indefinite period of time. The granted
permit shall be terminated in the case provided for in Paragraph
six of this Section in accordance with the procedures laid down
in Paragraphs seven and eight.
(5) The local government shall take a decision to issue a
permit to establish a casino, a gambling hall, a bingo hall, a
betting or a wagering shop and to operate the relevant type of
gambling on the particular premises, or to refuse to issue such a
permit within 45 days from the date of receipt of the
application.
(6) If the operation of gambling on the particular premises
creates a substantial impairment to the interests of the State
and the residents of the respective administrative area, the city
or the local government council is entitled to terminate the
permit to establish a casino, a gambling hall, a bingo hall, a
betting or a wagering shop and to operate the respective type of
gambling on the particular premises, by means of a reasoned
decision.
(7) In the case referred to in Paragraph six of this Section,
the permit to establish a casino, a gambling hall, a bingo hall,
a betting or a wagering shop and to operate the respective types
of gambling on the particular premises issued by the local
government shall be terminated in five years from the date of the
entry into effect of the respective decision of the city or local
government council.
(8) The local government shall notify the decision referred to
in Paragraph six of this Section to the gambling operator and the
Lotteries and Gambling Supervision Inspection.
[8 June 2006; 30 November 2015]
Chapter VII
Operation of Gambling via Electronic Communication Services
Section 43. Operation of Gambling
via Electronic Communication Services
The operation of gambling via electronic communication
services means the operation of gambling in which the
participants use or can use electronic communication services to
perform an activity required for participation in such games.
Section 44. Types of Gambling
Operated via Electronic Communication Services
(1) It shall be permitted to use electronic communication
services to operate gaming machine games, roulette (cylindrical
games), card games, dice game, bingo, betting, wagering and games
of chance via the telephone (hereinafter - the interactive
gambling).
(2) It shall be permitted to use electronic communication
services to accept bets for participation in betting or wagering
(hereinafter - the acceptance of bets).
[30 November 2015]
Section 45. Value of Winnings in
Interactive Roulette (Cylindrical Game), Card or Dice Games
The total value of the prize in the interactive roulette
(cylindrical game), card or dice games shall be not less than 80
per cent of the total sum of the deposited bets.
Section 46. Rights to Operate
Interactive Gambling
(1) [30 November 2015]
(2) After receiving the necessary licence from the Lotteries
and Gambling Supervision Inspection, it shall be permitted to
operate interactive gambling and accept bets.
[30 November 2015]
Section 47. Application and
Documents Required to Obtain a Licence to Operate Interactive
Gambling
(1) In order to obtain a licence to operate interactive
gambling [gaming machine games, roulette (cylindrical game), card
or dice games, bingo, betting or wagering], the gambling operator
shall submit an application to the Lotteries and Gambling
Supervision Inspection, enclosing the following documents:
1) the rules of the particular gambling game;
2) a certificate attesting to an opened account or several
accounts in a credit institution registered in the Republic of
Latvia which will be used in mutual settlements with the
players;
3) information on the programmes used to operate gambling;
4) opinion from an independent and internationally approved
laboratory on the test results of the programme;
5) information on the deployment of the gambling equipment and
on the security measures planned to prevent third party influence
on the results of the operated gambling;
6) information on the planned personal data protection
measures;
7) the web address to be used to operate gambling, if gambling
is operated via the Internet;
8) information on the person responsible for gambling,
indicating the given name, surname and personal identification
number (if there is none - the title, number, issuing date and
name of the issuing authority of the personal identification
document).
(2) Information on the programmes used for operating
interactive gambling and accepting bets via electronic
communication services, the planned security and personal data
protection measures shall be submitted in accordance with the
procedures stipulated by the Cabinet.
(3) [23 November 2016]
(4) The Cabinet shall determine the information to be included
in its conformity review of the interactive gambling programme,
used to operate interactive gambling.
[23 November 2016]
Section 48. Procedures for Reviewing
an Application for the Right to Operate Interactive Gambling
(1) The Lotteries and Gambling Supervision Inspection shall
take a decision to issue or to refuse to issue the licence to
operate interactive gambling within 60 days from the date of
receipt of the application. If additional information and
documents are requested, the Lotteries and Gambling Supervision
Inspection shall take a decision to issue or to refuse to issue
the licence to operate interactive gambling within 60 days from
the date of receipt of the additional information and
documents.
(2) The Lotteries and Gambling Supervision Inspection shall
take a decision to issue or to refuse to issue the licence to
accept bets via electronic communication services within 30 days
from the date of receipt of the application. If additional
information and documents are requested, the Lotteries and
Gambling Supervision Inspection shall take the decision to issue
or to refuse to issue the licence to accept bets via electronic
communication services within 30 days from the date of receipt of
the additional information and documents.
Section 49. Refusal to Issue the
Licence to Operate Interactive Gambling
(1) The Lotteries and Gambling Supervision Inspection shall
refuse to issue the licence to operate interactive gambling, if
any of the facts referred to in Section 15 of this Law is
established.
(2) In addition to Paragraph one of this Section, the
Lotteries and Gambling Supervision Inspection shall refuse to
issue the licence to operate interactive gambling if at least one
of the following conditions applies:
1) the submitted gambling rules do not conform to the
requirements of this Law;
2) it is stated in a report of an independent and
internationally recognized laboratory that the programmes used to
operate the game do not ensure conformity with the requirements
for the total sum of the prize referred to in Section 45 of this
Law or with other requirements of this Law;
3) the security measures planned by the applicant for
preventing third party influence on the results of the operated
gambling are inadequate;
4) an opinion from the competent State authority has been
received, stating that the security measures planned by the
applicant for protecting personal data and ensuring the safety of
the game are inadequate.
Section 50. Licence to Operate
Interactive Gambling
(1) The licence to operate interactive gambling and accept
bets shall contain the following information:
1) the number, place and date of issue of the licence;
2) the name, registration number and legal address of the
licensee;
3) the games that the licensee may operate, or the games in
which the bets may be accepted via electronic communication
services;
4) the web address to be used to operate games or accept bets,
if gambling is operated via the Internet;
5) the telephone numbers to be used to operate the game, if
the game is operated via the telephone.
Section 51. Person Responsible for
Operating Interactive Gambling
(1) Upon granting the licence to operate interactive gambling
or to accept bets, the Lotteries and Gambling Supervision
Inspection shall approve the person responsible for ensuring that
interactive gambling is operated or bets are accepted in
accordance with the requirements of the laws and regulations
(hereinafter also - the responsible person).
(2) The Lotteries and Gambling Supervision Inspection shall
not approve the responsible person, if any of the conditions laid
down in Section 30, Paragraph two of this Law applies.
(3) The Lotteries and Gambling Supervision Inspection shall
take a decision to approve or to refuse to approve the
responsible person within 30 days from the date of receipt of the
application. If additional information and documents are
requested, the Lotteries and Gambling Supervision Inspection
shall take the decision to approve or to refuse to approve the
responsible person within 30 days from the date of receipt of the
additional information and documents.
(4) Operating interactive gambling or accepting bets via
electronic communication services is prohibited, if the Lotteries
and Gambling Supervision Inspection has not approved the
responsible person.
(5) The lottery operator shall, within three working days,
inform the Lotteries and Gambling Supervision Inspection
regarding the appointment of a new responsible person and the
dismissal of the previous one. The Lotteries and Gambling
Supervision Inspection shall take a decision to approve or to
refuse to approve the responsible person within 20 days from
receipt of the corresponding notification. In this case, the
prohibition referred to in Paragraph four of this Section shall
not be applied.
Section 52. Withdrawal of the
Licence to Operate Interactive Gambling
The Lotteries and Gambling Supervision Inspection has the
right to withdraw the licence to operate interactive gambling, if
any of the conditions laid down in Section 87 of this Law applies
or if in mutual transactions with the players the gambling
operator uses an account or accounts which have not been notified
by him or her to the State Revenue Service or the Lotteries and
Gambling Supervision Inspection.
Section 53. Requirements for
Operating Interactive Gambling
(1) An operator of interactive gambling, as well as an
operator of betting or wagering who accepts bets via electronic
communication services shall ensure:
1) the registration of each player requiring his or her
personal data, before the person is granted the right to
participate in gambling;
2) the creation of a special game account for each player on
the server of the gambling operator;
3) upon request of the player, the transfer of funds from the
player's account to the account of the same credit institution
from which the funds for betting were transferred;
4) unhindered access for the employees of the Lotteries and
Gambling Supervision Inspection to the programme used to operate
the game and to the accounting documents related to operating
interactive gambling.
(2) The website used by the gambling operator for operating
interactive gambling and accepting bets shall include the
following information:
1) the name, legal address of the gambling operator and the
number of the licence to operate gambling;
2) the games which the licensee may operate, or the games in
which the bets may be accepted via electronic communication
services;
3) the gambling rules or the web address where they are
available;
4) a prohibition to participate in the game for persons under
18 years of age;
5) a warning that a person may become addicted to
gambling.
(3) In mutual settlements between the operator of interactive
gambling and the clients, it shall be permitted to use an account
opened in a credit institution registered in the Republic of
Latvia.
(4) The operator of interactive gambling shall not be
permitted to transfer the prize to an account which has not been
used to deposit the fee for making bets.
(5) The operator of interactive gambling shall submit the
information on the location (specifying the country and the
particular address) of the gambling equipment and on the planned
security measures for preventing third party influence on the
results of the operated gambling, to the Lotteries and Gambling
Supervision Inspection.
(6) Not later than 15 days after the end of the reference
quarter, the operator of interactive gambling, as well as the
operator of betting or wagering who accepts bets via electronic
communication services shall submit, in accordance with the
procedures stipulated by the Cabinet to the State Revenue Service
and the Lotteries and Gambling Supervision Inspection, a
statement on the total sum of the bets paid in and the total sum
of the prizes paid out within the reference quarter together with
a statement from the credit institution on transactions performed
during the reference quarter in the account used for mutual
settlements with the players.
[30 November 2015; 23 November
2016]
Section 54. Protection of
Individuals in Interactive Gambling
The Cabinet shall determine the procedures for registering the
players and verifying their identity, as well as the minimum
requirements for preventing the players addicted to interactive
gambling from further participation in gambling.
Section 55. Receiving the Licence to
Operate a Game of Chance via the Telephone
In order to receive a licence to operate a game of chance via
the telephone, the gambling operator shall submit an application
to the Lotteries and Gambling Supervision Inspection,
enclosing:
1) the rules of the particular gambling game;
2) information on the programmes used for the game of chance
via the telephone;
3) confirmation from the provider of the electronic
communication services to be used for operating the game of
chance via the telephone, on the safety of the relevant
system;
4) information on the location of the equipment for operating
the game of chance via the telephone and on the security measures
planned to prevent third party influence on the results of the
operated gambling;
5) information on the planned personal data protection
measures;
6) the telephone numbers used for operating the game of chance
via the telephone;
7) information on the person responsible for the game of
chance via the telephone, specifying the given name, surname and
personal identification number (if there is none - the title,
number, issuing date and name of the issuing authority of the
personal identification document).
Section 56. Obligations of the
Operator of the Game of Chance via the Telephone
The operator of the game of chance via the telephone shall
provide:
1) record keeping of the players;
2) registration of the winning players, requiring their
personal data and verifying their identity;
3) unhindered access for the employees of the Lotteries and
Gambling Supervision Inspection to the programme used for
operating the game and to the accounting documents related to
operating the game of chance via the telephone.
Chapter VIII
Types of Lotteries
Section 57. Money and Goods
Lottery
In money and goods lotteries, as well as exclusively in money
lotteries or exclusively in goods lotteries, the participants
take part by purchasing tickets or paying a participation fee in
some other way, and the lottery operator offers money, goods,
securities, etc. as a prize.
Section 58. Numerical Lotteries
In numerical lotteries (lotto, toto, keno, sport lotto,
numerical lotto), the prize is received as a result of guessing
the lucky numbers, symbols or other characters or combinations of
characters referred to in the rules of lottery, and the prize
depends on the amount and sum of the deposited bets.
Section 59. Instant Lotteries
Instant lotteries are lotteries in which the participants may
find out what prize they have won immediately after purchase of
the lottery ticket.
Section 60. State Lotteries
(1) In the Republic of Latvia, the monopoly of operating State
lotteries is owned by the State. In State lotteries, the tickets
or coupons are distributed exclusively in the territory of the
Republic of Latvia. The prize of the lottery shall be determined
by conducting a public lottery.
(2) In State lotteries, the total sum of the value of lottery
tickets for a single lottery shall not be lower than 140,000
euros.
(3) A lottery operated in the whole territory of the Republic
of Latvia shall be deemed to be a lottery on a nationwide
scale.
[12 September 2013]
Section 61. Local Lotteries
(1) In the local lotteries, the prizes are determined by
conducting a public lottery, and they shall be operated
exclusively in the territory of a particular city, district,
municipality or parish. It is prohibited for one operator to
operate simultaneously local lotteries in several cities,
districts, municipalities or parish territories.
(2) In local lotteries, the total sum of the value of the
lottery tickets in a single lottery shall not exceed 14,300
euros.
[12 September 2013]
Section 62. Single Local
Lotteries
(1) In single local lotteries, the prizes shall be determined
by conducting a public lottery operated during a public event and
in the location where it is held.
(2) In a single local lottery, tickets may be distributed only
during the respective public event and only in the location where
it is held, and the total sum of the value of the lottery tickets
shall not exceed 720 euros.
(3) In a single local lottery, no prizes of money are
allowed.
[12 September 2013]
Chapter IX
Operation of Lotteries
Section 63. Rights to Operate
Lotteries
(1) State lotteries shall be operated by a State capital
company whose capital is wholly State-owned and whose stocks are
not subject to alienation or privatisation, - the State owned
stock company "Latvijas Loto".
(2) Local lotteries shall be operated by capital companies
registered in the Enterprise Register of the Republic of Latvia,
with a share capital of at least 14,300 euros.
(3) Associations, trade unions and religious organisations
have the right to operate only single local lotteries, if these
lotteries are held as public events or due to a public gathering
for musical performances, shows of artistic value or sports
events, and if an application has been submitted to the Lotteries
and Gambling Supervision Inspection and a licence has been
received in accordance with the procedures stipulated by the
Cabinet.
[8 June 2006; 12 September
2013]
Section 64. Application for
Receiving or Re-registering the Licence to Operate a Lottery
(1) In order to receive a licence to operate State and local
numerical lotteries, instant lotteries and single local lotteries
(instant lotteries), the lottery operator shall submit an
application to the Lotteries and Gambling Supervision Inspection,
enclosing:
1) the rules of the particular lottery;
2) the calculation of the expected revenue and
expenditure;
3) information on the person responsible for the lottery,
specifying his or her given name, surname and personal
identification number (if there is none - the title, number,
issuing date and name of the issuing authority of the personal
identification document).
Section 65. Time Period for
Considering Applications
(1) The Lotteries and Gambling Supervision Inspection shall
take a decision to issue or to refuse to issue the licence to
operate a lottery within 90 days from the date of receipt of the
application. If additional information and documents are
requested, the Lotteries and Gambling Supervision Inspection
shall take the decision to issue or to refuse to issue the
licence to operate a lottery within 90 days from the date of
receipt of the additional information and documents.
(2) The Lotteries and Gambling Supervision Inspection shall
take a decision to re-register or to refuse to re-register the
licence to operate a lottery within 30 days from the date of
receipt of the application. If additional information and
documents are requested, the Lotteries and Gambling Supervision
Inspection shall take the decision to re-register or to refuse to
re-register the licence to operate a lottery within 30 days from
the date of receipt of the additional information and
documents.
Section 66. Refusal to Issue or
Re-register the Licence to Operate a Lottery
The Lotteries and Gambling Supervision Inspection has the
right take a decision to refuse to issue or re-register the
licence to operate a lottery, if:
1) major violations of the laws or Cabinet regulations have
been established in activities of the licence applicant;
2) the licence applicant has debt obligations to the State
budget or to the local government budget;
3) false information has been provided in the submitted
documents;
4) the share capital of the licence applicant does not conform
to the requirements of this Law;
5) the information necessary to the Lotteries and Gambling
Supervision Inspection has not been provided within 30 days after
requesting it;
6) the information which has come to the knowledge of the
Lotteries and Gambling Supervision Inspection indicates that the
funds invested into the share capital of the capital company have
been acquired in illegal transactions, or there is no documentary
evidence of legal acquisition of these funds;
7) the submitted development plan for the next operating year
does not correspond with the actual market situation and is
economically unjustified;
8) the capital company has been declared insolvent.
Section 67. Person Responsible for
the Lottery
(1) Upon issuing the licence to operate a lottery, the
Lotteries and Gambling Supervision Inspection shall approve the
person responsible for the legality of the particular lottery
(hereinafter also - the responsible person).
(2) The Lotteries and Gambling Supervision Inspection shall
not approve the person responsible for the lottery, if at least
one of the following conditions applies:
1) the respective person has been recognized incapacitated in
accordance with the procedures laid down in the law;
2) the person is suspected, accused or convicted of an
intentional criminal offence;
3) criminal proceedings for an intentional criminal offence
has been terminated against the person for non-exonerating
reasons.
(3) The Lotteries and Gambling Supervision Inspection shall
take a decision to approve or to refuse to approve the
responsible person within 30 days from the date of receipt of the
application. If additional information and documents are
requested, the Lotteries and Gambling Supervision Inspection
shall take the decision to approve or to refuse to approve the
responsible person within 30 days from the date of receipt of the
additional information and documents.
(4) Operating a lottery is prohibited, if the Lotteries and
Gambling Supervision Inspection has not approved the responsible
person.
(5) The lottery operator shall, within three working days,
inform the Lotteries and Gambling Supervision Inspection of the
appointment of a new responsible person and the dismissal of the
previous one. The Lotteries and Gambling Supervision Inspection
shall take a decision to approve or to refuse to approve the
responsible person within 20 days from receipt of the
corresponding notification. In this case the prohibition referred
to in Paragraph four of this Section shall not be applied.
Section 68. General Obligations of a
Lottery Operator
(1) A lottery operator shall be responsible for:
1) the legality of the lottery process;
2) the payment of the tax and fee in accordance with the
procedures and in the amount laid down in the Law;
3) the expertise and professionalism of the staff
involved.
(2) The lottery operator shall ensure the pay-out of the prize
to the lottery participants, taking into account the following
conditions:
1) a prize that does not exceed 720 euros shall be paid out
immediately;
2) a prize in the range from 721 euros to 14,300 euros shall
be paid out within three working days from the moment of applying
for it;
3) a prize exceeding 14,300 euros shall be paid out according
to the procedures authorised by the lottery rules not later than
within 30 days from the moment of applying for it and in not more
than two payments;
4) upon request of a lottery participant, the prize may be
paid out in cash or transferred to the bank account specified by
the participant.
(3) If any amendments have been made to the documents that
constitute the grounds for receiving the licence to operate the
lottery, the lottery operator shall, within five working days,
inform the Lotteries and Gambling Supervision Inspection
regarding them but as regards the changes to the capital
company's share capital and the composition of the owners -
within five working days after registration of these changes in
the Enterprise Register of the Republic of Latvia.
(4) The lottery operator shall notify the Lotteries and
Gambling Supervision Inspection in writing of the sale of the
ticket series of a State instant lottery and a local instant
lottery 10 working days prior to the respective sale.
[12 September 2013; 30 November
2015]
Section 69. Lottery Rules
(1) In places where lottery tickets are sold, a copy of the
relevant lottery rules approved by the Lotteries and Gambling
Supervision Inspection must be available, and the lottery
operator shall be responsible for presenting these rules to a
lottery participant upon his or her request.
(2) The following information shall be included in the lottery
rules:
1) the name, legal address and phone number of the lottery
operator;
2) the title and type of the lottery;
3) the procedures according to which a participant may take
part in the lottery;
4) the lottery ticket price or the participation fee;
5) the total number of the lottery tickets of the instant
lottery;
6) the prize pool and distribution thereof by prize
groups;
7) the procedures for identifying the winning tickets;
8) the procedures for applying for the prize and handing out
the prize;
9) the date by which the participant of the numerical lottery
may apply for the prize;
10) the authority to which the participant may apply in case
of any claims, as well as the procedures for considering the
claims;
11) other information considered relevant by the lottery
operator.
(3) The Lotteries and Gambling Supervision Inspection has the
right to require additional information from the lottery operator
in order to decide on conformity of the lottery with the
requirements of this Law.
(4) The Lotteries and Gambling Supervision Inspection shall
approve the rules prepared by the lottery operator within 15 days
from the date of the receipt thereof.
Section 70. Refusal to Approve the
Lottery Rules
The Lotteries and Gambling Supervision Inspection shall refuse
to approve the lottery rules, if at least one of the following
conditions applies:
1) the information specified in this Law has not been included
therein;
2) the rules provide for the operation of a lottery not
conforming with the requirements of this Law;
3) the rules provide that the prize can be received only after
a definite number of participants is involved in the lottery or
if the total sales have reached a definite sum;
4) the rules provide for the operation of a pyramidal lottery
in which the participation fee (bet) or invested values after
some time grant the prize to an unspecified range of persons.
Section 71. Lottery Bonus Game
(1) The instant lottery bonus game is a possibility provided
for in the lottery rules upon setting in of specific conditions
to play a game free of charge but with the possibility to
win.
(2) The following information shall be indicated in the rules
of an instant lottery bonus game:
1) the name, legal address and phone number of the lottery
operator;
2) the title and type of the lottery bonus game;
3) the procedures according to which a participant may take
part in a lottery bonus game;
4) the prize pool and distribution thereof by prize
groups;
5) the procedures for identifying the winning tickets;
6) the procedures for applying for the prize and handing out
the prize;
7) the date by which the instant lottery bonus game shall be
operated;
8) the date by which the participant of the bonus game may
apply for the prize;
9) the authority to which the participant may apply in case of
any claims, as well as the procedures for considering the
claims;
10) other information considered relevant by the lottery
operator.
(3) The numerical lottery bonus game is a possibility provided
for in the lottery rules upon setting in of specific conditions
to participate in return for a payment in the bonus game and
receive an additional prize.
(4) The following information shall be indicated in the rules
of the numerical lottery bonus game:
1) the name, legal address and phone number of the lottery
operator;
2) the title and type of the lottery bonus game;
3) the procedures according to which a participant may take
part in a lottery bonus game;
4) the participation fee of the bonus game;
5) the amount of the prize;
6) the procedures for determining the winning lottery tickets
and the lottery coupons;
7) the procedures for applying for the prize and handing out
the prize;
8) the authority to which the participant may apply in case of
any claims, as well as the procedures for considering the
claims;
9) other information considered relevant by the lottery
operator.
(5) The Lotteries and Gambling Supervision Inspection shall
approve or refuse to approve the rules of the lottery bonus game
within 15 days from the date of the receipt thereof.
Section 72. Lottery Tickets or
Coupons
(1) The following information shall be indicated on the
lottery tickets and coupons:
1) the name, legal address and phone number of the lottery
operator;
2) the address where the prize is to be received;
3) the deadline for claiming the prize;
4) the ticket or coupon price, participation fee;
5) the number of the ticket or the coupon.
(2) Prior to receiving the licence, the local lottery tickets
and single local lottery tickets shall be registered with the
territorial institution of the State Revenue Service with which
the lottery operator is registered as a taxpayer, and the samples
of the registered lottery tickets shall be submitted to the
Lotteries and Gambling Supervision Inspection.
Section 73. Restrictions on
Operating a Lottery
(1) It is prohibited for the lottery operator to operate a
lottery, if:
1) the relevant licence has not been received;
2) the Lotteries and Gambling Supervision Inspection has not
approved the rules of the lottery or its bonus lottery;
3) when the deadline for re-registering the licence to operate
the lottery has been reached, no decision has been taken on
re-registration of the respective licence or no statutory fee has
been paid;
4) the licence received to operate the lottery has been
transferred to a third party.
(2) The lottery operator shall ensure that the total sum of
the prize for all types of lotteries is not less than 45 per cent
from the total sum of the ticket sales.
Chapter X
Interactive Lotteries
[23 November
2016]
Section 74. Operation of Interactive
Lotteries
(1) The operation of interactive lotteries (money, goods,
numerical and instant lotteries) shall mean the operation of such
lotteries on a nationwide scale in which the participants use
only electronic communication services to complete all the
activities required for participation in such lotteries and the
lottery prizes are established by a special programme.
(2) The location for interactive lotteries shall be the
relevant website.
(3) The sale of tickets for money, goods, numerical or instant
State lotteries or the participation fee paid in some other way
via electronic communication services shall not be considered to
be the operation of an interactive lottery within the meaning of
this Law.
Section 75. Rights to Operate
Interactive Lotteries
(1) The State owned stock company "Latvijas Loto" (hereinafter
in this Chapter - the operator of the interactive lottery) shall
be permitted to operate interactive lotteries.
(2) The licence to operate interactive lotteries (hereinafter
- the licence to operate interactive lotteries) shall give the
right to operate interactive lotteries on the website indicated
in the licence.
Section 76. Receiving the Licence to
Operate Interactive Lotteries
(1) To receive the licence to operate interactive lotteries,
the operator of the interactive lottery shall submit an
application to the Lotteries and Gambling Supervision Inspection,
enclosing:
1) information on the planned types of interactive lotteries
and the rules of each interactive lottery type;
2) information on the procedures for buying tickets or filling
out the coupons in order to participate in the interactive
lotteries;
3) information on the programmes used to operate interactive
lotteries;
4) information on the location of the equipment for operating
interactive lotteries and on the security measures planned to
prevent third party influence on the results of the operated
interactive lotteries;
5) confirmation from the operator of interactive lotteries
that the security measures planned for the protection of personal
data conform to the requirements of the laws and regulations;
6) information on the website used for operating interactive
lotteries;
7) information on the person responsible for interactive
lotteries, indicating the person's given name, surname and
personal identification number.
(2) The following information shall be provided in the rules
of the interactive lottery:
1) the name and legal address of the operator of the
interactive lottery;
2) the title and type of the interactive lottery;
3) the procedures by which a participant may take part in an
interactive lottery;
4) the interactive lottery ticket price or participation
fee;
5) the total number of the lottery tickets of the instant
lottery;
6) the prize pool and distribution thereof by prize
groups;
7) the procedures for identifying the winning tickets;
8) the authority to which the participant may apply in case of
any claims, as well as the procedures for considering the
claims;
9) other information considered relevant by the operator of
the interactive lottery.
(3) The Lotteries and Gambling Supervision Inspection shall
take a decision to issue or to refuse to issue the licence to
operate interactive lotteries within 30 days from the date of
receipt of the application. If additional information and
documents are requested, the Lotteries and Gambling Supervision
Inspection shall take the decision to issue or to refuse to issue
the licence to operate interactive lotteries within 30 days from
the date of receipt of the additional information and
documents.
Section 77. Refusal to Issue the
Licence to Operate Interactive Lotteries
(1) The Lotteries and Gambling Supervision Inspection shall
refuse to issue the licence to operate interactive lotteries, if
any of the conditions laid down in Section 66 of this Law
apply.
(2) In addition to the conditions referred to in Paragraph one
of this Section, the Lotteries and Gambling Supervision
Inspection shall refuse to issue the licence to operate
interactive lotteries, if at least one of the following
conditions applies:
1) the submitted rules of interactive lotteries do not conform
to the requirements of this Law;
2) the programmes used to operate interactive lotteries do not
conform to the requirements for the total sum of the prizes
referred to in Section 73, Paragraph two of this Law or with
other requirements of this Law;
3) the security measures planned by the operator of
interactive lotteries to prevent third party influence on the
results of the operated interactive lotteries, are
inadequate.
Section 78. Withdrawal of the
Licence to Operate Interactive Lotteries
The Lotteries and Gambling Supervision Inspection has the
right to withdraw the granted licence to operate interactive
lotteries, if any of the conditions laid down in Section 87,
Paragraph one of this Law applies and if the operator of an
interactive lottery uses an account or several accounts not
notified to the State Revenue Service or the Lotteries and
Gambling Supervision Inspection in his or her mutual transactions
with the participants.
Section 79. Person Responsible for
Operating Interactive Lotteries
(1) Upon issuing the licence to operate interactive lotteries,
the Lotteries and Gambling Supervision Inspection shall approve
the person responsible for the legality of the particular
interactive lottery (hereinafter also - the responsible
person).
(2) The Lotteries and Gambling Supervision Inspection shall
not approve the person responsible for operating interactive
lotteries, if any of the conditions laid down in Section 67,
Paragraph two of this Law applies.
(3) Operating interactive lotteries is prohibited, if the
Lotteries and Gambling Supervision Inspection has not approved
the responsible person.
(4) The operator of interactive lotteries shall inform the
Lotteries and Gambling Supervision Inspection of the appointment
of a new responsible person and the dismissal of the previous one
within three working days. The Lotteries and Gambling Supervision
Inspection shall take a decision to approve or to refuse to
approve the responsible person within 20 days from receipt of the
corresponding notification. If the responsible person has been
replaced, the prohibition referred to in Paragraph three of this
Section shall not apply.
Section 80. Obligations of the
Operator of Interactive Lotteries
(1) The operator of interactive lotteries shall ensure:
1) the registration of the players and identity verification
in accordance with the procedures stipulated by the Cabinet, the
personal data and the identity verification of the players before
they are permitted to participate in the interactive lottery. The
procedures for registering the players and verifying their
identity shall be determined by the Cabinet;
2) the creation of a special game account on the game server
of the operator of interactive lotteries for each participant of
the interactive lottery;
3) unhindered access for the employees of the Lotteries and
Gambling Supervision Inspection to the programmes used to operate
interactive lotteries and to the accounting documents related to
operating interactive lotteries.
(2) The website used by the operator of interactive lotteries
for operating the interactive lottery shall indicate:
1) the name, unified registration number, legal address,
telephone number and the number of the licence to operate
interactive lotteries of the operator of interactive
lotteries;
2) the title of each interactive lottery;
3) the rules of each interactive lottery;
4) a prohibition to participate in an interactive lottery with
respect to persons residing in a country or area where
participation in such lotteries is prohibited;
5) a prohibition to participate in an interactive lottery with
respect to persons under 18 years of age.
(3) In mutual settlements between the operator of interactive
lotteries and the participants, it shall be permitted to use only
the accounts opened in credit institutions registered in the
Republic of Latvia.
(4) The operator of interactive lotteries shall not be
permitted to transfer the prize to an account which has not been
used to deposit the fee for participation in the interactive
lottery.
(5) The operator of interactive lotteries shall ensure that
the equipment used for operating interactive lotteries and
storing the personal data, the participation fees paid and the
prize received by the players, is located in the Republic of
Latvia.
(6) The Cabinet shall determine the information to be included
in its conformity review of the interactive lotteries programme
which has been used to operate the interactive lottery.
(7) Information on the programmes used in operating
interactive lotteries and the respective security and personal
data protection measures shall be submitted in accordance with
the procedures stipulated by the Cabinet. The Cabinet shall lay
down the procedures for submitting information on the programmes
used in operating interactive lotteries and on the corresponding
security and personal data protection measures.
(8) The operator of the interactive lottery shall, not later
than within 15 days after the end of the reference quarter and in
accordance with the procedures stipulated by the Cabinet, submit
electronically a statement on the tickets sold and the total sum
of the prizes paid out within the reference quarter to the State
Revenue Service via the Electronic declaration system and to the
Lotteries and Gambling Supervision Inspection. The Cabinet shall
determine the procedures for submitting the statement on the
reference quarter by the operator of interactive lotteries.
Chapter XI
Control and Supervision of Gambling and Lotteries
Section 81. Providers of Control and
Supervision
The control and supervision of conformity with this Law, other
laws and regulations and the gambling or lottery rules by the
gambling and lottery operators shall be provided by the Lotteries
and Gambling Supervision Inspection in accordance with the
procedures stipulated by the Cabinet, by the State Revenue
Service in accordance with the procedures laid down in the Law On
the State Revenue Service, and by the State Police in accordance
with the procedures laid down in the Law On Police.
Section 82. Lotteries and Gambling
Supervision Inspection
(1) The Lotteries and Gambling Supervision Inspection shall be
established and its by-laws shall be approved by the Cabinet.
(2) The Lotteries and Gambling Supervision Inspection shall
have the following tasks:
1) to implement national policy on the operation of gambling
and lotteries;
2) to carry out the licensing, supervision and control of
gambling and lottery operators;
3) to draft laws and regulations concerning the operation of
gambling and lotteries;
4) to ensure systematic record-keeping and statistical
analysis of the gambling and lotteries market;
5) to register the gaming machines and the gambling equipment
and provide information to State and local government
institutions necessary for administration of the gambling and
lotteries tax;
6) to ensure the functioning of the single gaming machine
control and monitoring system via online data exchange with the
gambling operators.
[30 November 2015 / Paragraph two, Clause 6 shall
apply from 1 January 2019. See Paragraph 17 of
Transitional Provisions]
Section 83. Council of the Lotteries
and Gambling Supervision Inspection
[23 November 2016]
Section 84. Submission of the Report
by the Gambling and Lotteries Operator
(1) [23 November 2016]
(2) The gambling and lottery operator shall, within 20 days
after the end of the quarter, in accordance with the procedures
stipulated by the Cabinet, submit a report on operating gambling
and lotteries in the relevant reference quarter to the Lotteries
and Gambling Supervision Inspection.
(3) The gambling and lottery operator shall keep accounting
records in accordance with the Law On Accounting, the Law On
Annual Financial Statements and Consolidated Financial Statements
and Cabinet regulations governing the uniform accounting
procedures for operating gambling and lotteries.
[30 November 2015; 23 November
2016]
Section 85. Procedures for Appealing
Against the Decisions of the Lotteries and Gambling Supervision
Inspection
(1) The decisions of the Lotteries and Gambling Supervision
Inspection may be contested to the Director of the Lotteries and
Gambling Supervision Inspection.
(2) The decisions of the Director of the Lotteries and
Gambling Supervision Inspection may be appealed against to the
administrative court.
Chapter XII
Liability for Infringements of the Laws and Regulations
Section 86. Suspension of the
Licence to Operate Gambling, the Licence to Operate Lotteries and
the Gambling Premises Licence
(1) The Lotteries and Gambling Supervision Inspection is
entitled to suspend the licence to operate gambling, the licence
to operate lotteries and the gambling premises licence or the
operation of the gaming machines and gambling equipment until
elimination of infringements, if it has been found that the laws
governing the operation of gambling and lotteries or other laws
and regulations have been violated by the gambling and lottery
operator.
(2) The Director of the Lotteries and Gambling Supervision
Inspection or his or her deputies are entitled to take decisions
to suspend the licence to operate gambling, the licence to
operate lotteries and the gambling premises licence or the
operation of the gaming machines and gambling equipment.
(3) The officials referred to in Paragraph two of this Section
shall notify the gambling or lottery operator in writing, making
references to all infringements of laws and regulations found and
by determining that the time period for eliminating the
infringements shall last from one month to three months, unless a
shorter period for eliminating the infringements is agreed by the
parties.
(4) If the violations referred to in the warning are not
eliminated in due time, the relevant official shall issue an
order in writing to suspend the licence to operate gambling, the
licence to operate lottery and the gambling premises licence or
the operation of the gaming machines and gambling equipment.
(5) Without prior warning and by a written order, the licence
to operate gambling, the licence to operate lottery and the
gambling premises licence or the operation of the gaming machines
and gambling equipment may be suspended, if the officials of the
Lotteries and Gambling Supervision Inspection find that the
gambling or lottery operator has violated the provisions of the
Law On Lottery and Gambling Fee and Tax or has not made other tax
payments to the State or local government budget in accordance
with the procedures laid down in the law.
(6) The gambling or lottery operator shall report in writing
on prevention of the violations of the laws and regulations to
the Lotteries and Gambling Supervision Inspection which within
seven days after receipt of the report, shall verify whether the
violations have been eliminated, and in case they have been
eliminated shall grant a written permit to renew the licence.
(7) The licence to operate gambling, the licence to operate
lotteries and the gambling premises licence may be suspended
immediately, if the gambling or lottery operator has submitted an
application in writing regarding suspension of the licence.
(8) The suspension of the licence to operate gambling, the
licence to operate lotteries and the gambling premises licence
shall not envisage any refunding of the paid State fee to the
capital company.
Section 87. Withdrawal of the
Licence to Operate Gambling and the Licence to Operate
Lotteries
(1) The Lotteries and Gambling Supervision Inspection has the
right to withdraw the licence to operate gambling or the licence
to operate lotteries, if at least one of the following conditions
applies:
1) false information has been provided in order to receive the
licence, exerting a significant impact on the decision
making;
2) the gambling or lottery operator does not comply with the
requirements of this Law;
3) the debt obligations of the gambling or lottery operator
exceed the assets thereof;
4) the gambling or lottery operator has started winding-up
proceedings;
5) bankruptcy proceedings of the gambling or lottery operator
have been started in accordance with the procedures laid down in
the Law;
6) the rights granted by the licence to operate gambling or
the licence to operate lottery have been transferred to a third
party;
7) the gambling or lottery operator regularly fails to adhere
to the requirements of the laws governing gambling and lotteries
and other laws and regulations;
8) the gambling or lottery operator has failed to eliminate in
due time the violations of the laws, as well as the laws and
regulations found by the Lotteries and Gambling Supervision
Inspection;
9) the gambling or lottery operator has submitted an
application in writing regarding the withdrawal of the
licence.
(2) The State fee paid for receiving the licence to operate
gambling or the licence to operate lottery shall not be
reimbursed upon withdrawal of the licence.
(3) The Lotteries and Gambling Supervision Inspection shall
withdraw the casino, gambling hall or bingo hall licences, as
well as the betting or wagering shop licences, if at least one of
the following conditions applies:
1) uncertified or unregistered gaming machines and gambling
equipment have been installed or operated by the gambling
operator on the gambling premises;
2) the document attached to the application for the purpose of
receiving the gambling premises licence referred to in Section
26, Paragraph two, Clause 1 or 4 and Section 27, Paragraph two,
Clause 1 or 3 of this Law has expired and no other valid document
has been submitted;
3) the gambling operator repeatedly fails to comply with the
requirements of Sections 36, 37, 38, 39 and Section 41, Paragraph
one, Clause 6 of this Law;
4) the gambling operator has submitted an application in
writing on withdrawal of the gambling premises licence.
[14 April 2011]
Section 88. Administrative or
Criminal Liability of Persons
The persons operating gambling or lotteries without a licence
issued by the Lotteries and Gambling Supervision Inspection or
operating gambling or lotteries which are not referred to in this
Law, shall be subject to administrative or criminal liability
laid down in the law. The income generated from these activities
shall be transferred to the State budget.
Transitional Provisions
1. Section 8, Clause 1 of this Law of this Law shall come into
force on 1 January 2007. Until 1 January 2007 the share capital
of gambling operators shall not be less than 50,000 lats.
2. The gambling operator shall ensure that the provisions of
Section 9 of this Law regarding the requirements for members of
the council and the board of directors and the auditor are
fulfilled not later than by 1 July 2006.
3. By 1 July 2006, the gambling halls which do not conform to
the requirements of Section 22, Paragraph one and Section 37,
Paragraph one, Clauses 4 and 6 of this Law shall be transformed
or closed.
4. The gambling operator shall ensure a separate outside
entrance for gambling halls located in stores, cultural
institutions, railway stations, bus stations, airports and ports,
isolated by building structures, not later than by 1 July
2006.
5. Outside casinos and gambling halls, gaming machines may be
installed and operated only on premises which were registered in
the gaming machine register of the Lotteries and Gambling
Supervision Inspection as on 30 June 2002.
6. Outside casinos and gambling halls it shall be permitted to
install and operate not more than five gaming machines.
7. From 1 January 2006 no licences to install and operate
gaming machines outside casinos and gambling halls shall be
issued.
8. From 1 January 2007 the installation and operation of
gaming machines outside casinos and gambling halls is
prohibited.
9. Section 41, Paragraph two, Clauses 8, 9 and 10 of this Law
shall come into force on 1 January 2007.
[8 June 2006]
10. The Cabinet shall issue the legal acts provided for in
Section 4, Paragraphs six and seven of this Law by 1 January
2007.
[8 June 2006]
11. The Cabinet shall issue the legal acts provided for in
Section 81 and Section 83, Paragraph three of this Law by 1
January 2007.
[8 June 2006]
12. By 1 January 2007 the Cabinet shall issue the regulations
referred to in Section 39, Paragraph six, Section 47, Paragraphs
two and three, Section 53, Paragraph six, Section 54, Section 63,
Paragraph three, and Section 84, Paragraphs two and three of this
Law.
13. Until the day when the provisions referred to in
Paragraphs 11 and 12 of these Transitional provisions come into
force, the following Cabinet regulations in accordance with the
Law On Lotteries and Gambling shall apply provided they are not
in contradiction with this Law:
1) Cabinet Regulation No. 50 of 7 March 1995, Regulations On
the Operation of Lotteries by Public and Religious
Organisations;
2) Cabinet Regulation No. 102 of 14 March 2000, Procedures for
Submitting a Report on Operating Lotteries or Gambling;
3) Cabinet Regulation No. 237 of 18 July 2000, Regulations On
Marking Gaming Machines and Gambling Equipment;
4) Cabinet Regulations No. 435 of 19 December 2000, Procedures
for Supervising and Controlling the Operation and Maintenance of
Lotteries and Gambling;
5) Cabinet Regulation No. 378 of 20 August 2002, Procedures
for Processing Registration of Casino Visitors and Information to
be Included in the Register of Casino Visitors;
6) Cabinet Regulation No. 762 of 23 December 2003, Single
Procedures for Accounting of the Operation of Lotteries and
Gambling;
7) Cabinet Regulation No. 106 of 24 February 2004, Procedures
for Submitting a Report on the Total Sum of the Bets Paid-in and
the Prizes Paid-out in the Reference Quarter by the Operator of
Interactive Games, the Operator of Lotteries, the Totaliser or
Betting Using Telecommunications;
8) Cabinet Regulation No. 175 of 25 March 2004, Procedures for
Registering and Verifying the Identity of Players of Interactive
Games;
9) Cabinet Regulation No. 248 of 6 April 2004, Procedures for
Submitting Information on the Interactive Game Programmes,
Security Measures and Personal Data Protection Measures.
14. With the coming into force of this Law, the Law On
Lotteries and Gambling (Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 1994, No. 14; 1995, No. 22.;
1996, No. 16; 1997, No. 10, 13; 1999, No. 24; 2001, No. 15; 2002,
No. 14; 2003, No. 15; 23), is repealed.
15. If the permit for opening the respective gambling premises
or for operating gambling on the relevant premises granted by the
local government to the gambling operator was in effect on the
day these amendments came into force, it shall not be necessary
to submit the permit provided for in Section 42 of this Law to
re-register the licence with the Lotteries and Gambling
Supervision Inspection. This provision shall not apply to cases
when the permit has ceased to be in effect in accordance with
Section 42, Paragraph six.
[8 June 2006]
16. Amendments to Section 41, Paragraph two, Clause 7 in
relation to supplementation of this Clause with the reception
sites of betting or wagering shop bets, as well as the
requirement regarding the separate outside entrance, shall come
into force on 1 January 2007.
[8 June 2006]
17. Section 24, Paragraph two and Section 82, Paragraph two,
Clause 6 of this Law shall apply from 1 January 2019.
[30 November 2015]
18. A gambling operator who has received the licence to
operate gambling for operating gaming machine games, bingo,
roulette (cylindrical game), card and dice games or the licence
to operate gambling for operating betting or wagering until 31
December 2015, and who will continue to operate the relevant
types of gambling after 31 December 2015:
1) from 1 January 2016, need not receive a new licence to
operate gambling - the relevant licence to operate gambling
received shall be deemed to be the licence to operate gambling
[gaming machine games, bingo, roulette (cylindrical games), card
games, dice games, betting, wagering and interactive gambling,
including games of chance via the telephone];
2) the date indicated in the decision to issue the relevant
licence to operate gambling for re-registering the respective
licence to operate gambling shall be deemed to be the
re-registration date of the licence to operate gambling [gaming
machine games, bingo, roulette (cylindrical games), card games,
dice games, betting, wagering and interactive gambling, including
games of chance via the telephone] by which the annual
re-registration of the licence to operate gambling must be
carried out.
[30 November 2015]
19. Until 1 September 2017 the Cabinet shall issue the
regulations referred to in Section 80, Paragraph six of this
Law.
[23 November 2016]
20. Until 1 May 2017, the Cabinet shall issue the regulations
referred to in Section 80, Paragraph one, Clause 1 and Paragraphs
seven and eight of this Law.
[23 November 2016]
This Law shall come into force on 1 January 2006.
This Law has been adopted by the Saeima on 17 November
2005.
President V. Vīķe-Freiberga
Riga, 7 December 2005
1 The Parliament of the Republic of
Latvia
Translation © 2017 Valsts valodas centrs (State
Language Centre)