Change Of Gambling Law - Decree Law No. 98

Author:Mr Ricardo Henriques (Abreu Advogados)
Profession:Global Advertising Lawyers Alliance (GALA)
 
FREE EXCERPT

The Decree-Law no. 98/2018, 27 November, implements the transfer of powers of the so far direct administration agency competent of the Portuguese State to the local authorities' bodies regarding the authorization for the exploration of related modalities of games of chance or other forms, as raffles, tombolas, sweepstakes, advertising contests, contests of knowledge and quizzes.

This decree-law introduced amendments to the Decree-Law no. 422/89, 2 December, as currently worded (which reformulated the Gambling Law), and to the Decree-Law no. 14/2009, 14 January, as currently worded (which has established acts practiced by the civil governors and by the civil governments by which fees are charged and the respective regime).

FRAMEWORK

The mentioned transfer is framed by a public policy which aims to speed up and simplify the public procedures and decentralize the exercise of powers to the local authorities, promoting the management of public services under a proximity perspective. This public policy has been previous and structurally implemented by Law no. 50/2018, 26 August (which approved the Framework Law of the transfer of powers to local authorities and inter-municipal entities).

WHAT CHANGES?

Change of the qualified authority to exercise the power to authorize the exploration of related modalities of games of chance or other forms, notably advertising contests.

The general secretariat of the Portuguese Ministry of Internal Affairs (MAI) will no longer be empowered to grant the authorization. The requirement for the mentioned authorization, which was provided up to now by the general secretariat, will now be subjected to the President of the Municipal Chamber's of the respective territory decision, within the following terms:

Exploration limited to the territorial area of the municipality, the competence is exercised by the President of the respective Municipal Chamber; Exploration not limited to the territorial area of the municipality, the competence is exercised by the President of the Municipal Chamber of the residence situation or headquarters of the entity that carries out the exploration. The President of the Municipal Chamber stipulates the conditions which deems suitable for the exploration of the related modality of games of chance, which shall be included in the authorization granted, and determines the respective audit regime.

It will be up to the Municipal Assembly of the respective municipality to provide for the amount...

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