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Act on the offering, placement and brokering of bets and the brokering of betting customers (Styrian Betting Act 2017 [German designation: StWttG])

The Styrian provincial parliament has decided as follows:
Styrian provincial law

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Complete legal provisions for the Styrian Betting Act 2018 [Steiermärkisches Wettengesetz 2018 – StWttG], version dated 1 January 2018

Full title

Act on the offering, placement and brokering of bets and the brokering of betting customers (Styrian Betting Act 2018 [Steiermärkisches Wettengesetz 2018 – StWttG])

Original version: Provincial Law Gazette No 9/2018 (XVII. GPStLT IA EZ 490/12 AB EZ 490/18) [Celex: 32015L0849]

Preamble

The Styrian Provincial Parliament has decided as follows:

Table of contents

Section 1
Section 1 General provisions

§ 1 Scope

§ 2 Terms and definitions

Section 2 Approval and notification procedures

§ 3 Duty to obtain a licence and the duty of disclosure

§ 4 Prerequisites for issuing the licence as a betting operator

§ 5 Prerequisites for outlets’ site licences

§ 6 Prerequisites for betting terminal displays

§ 7 Expiry and revocation of the licence

Section 3 Protection of betting customers

§ 8 Protection of young persons and betting customers

§ 9 Measures against money laundering and terrorist financing

§ 10 Betting conditions and betting slips

§ 11 Prohibited betting

Section 4 Authorities and competences

§ 12 Authorities

§ 13 Assistance of public security service bodies

§ 14 Own sphere of operation of the municipality

§ 15 Monitoring

§ 16 Ban

Section 5 Concluding and transitional provisions and provisions concerning entry into force

§ 17 References

§ 18 Penal Provisions

§ 19 EU law

§ 20 Transitional provisions

§ 21 Entry into force

§ 22 Abrogation

Text

Section 1
General provisions

§ 1

Scope
§ 1 Scope

This Act regulates the offering, placement and brokering of bets and the brokering of betting customers by betting operators.

§ 2

Terms and definitions
§ 2 Terms and definitions

For the purposes of this Act, the following definitions shall apply:


7. Input device: a technical device which, in the case of betting operators, facilitates the electronic display and entry of betting data but not the payment of the stake amount or the direct placing of a bet;

8. Commercial owner: persons in accordance with § 2 subparagraph 3 of the Financial Market Anti Money Laundering Act.
8. Commercial owner: persons in accordance with § 2 subparagraph 3 of the Financial Market Anti-Money Laundering Act.

Section 2
Approval and notification procedures

§ 3

Duty to obtain a licence and the duty of disclosure
§ 3 Duty to obtain a licence and the duty of disclosure

(1) Working as a betting operator may only be practised following the issuing of a licence by the authority.


(4) The authority must be notified of every closure of an outlet, as well as the installation, operation, exchange and removal of a betting terminal. An announcement may only be made by a betting operator who possesses a licence as per paragraphs 1 and 3.

§ 4

Prerequisites for issuing the licence as a betting operator
§ 4 Prerequisites for issuing the licence as a betting operator

(1) Betting operators must have turned 18 and be of full legal age and capacity, trustworthy and professionally qualified.


(5) The following documents must be submitted with the licence application:

1. Proof of financial standing in the amount of €180,000 for a period of at least one year (e.g. banker's guarantee, savings book, line of credit confirmation);
1. Proof of financial standing in the amount of €180,000 for a period of at least one year (e.g. banker’s guarantee, savings book, line of credit confirmation);

2. proof of professional competence;


(6) The licence must be issued in writing within four weeks of receipt of the complete documentation. If necessary, conditions, requirements and time limits shall be stipulated in the licence.

§ 5

Prerequisites for outlets' site licences
§ 5 Prerequisites for outlets’ site licences

(1) Outlets may only be operated in a building designated as an outlet for betting or in a physically separate area of the building which is designated as a betting outlet.


(5) Before issuing a licence, the competent local municipality shall hold a hearing.

§ 6

Prerequisites for betting terminal displays
§ 6 Prerequisites for betting terminal displays

(1) Betting terminals may only be installed and operated in approved outlets and must be notified to the authorities.


(2) The authority shall issue a certificate following receipt of a complete notification. The betting terminal may not be operated prior to the certificate being issued. If the certificate is not issued within four weeks of receipt of the complete notification, operation of the betting terminal shall be permitted in any case.

§ 7

Expiry and revocation of the licence
§ 7 Expiry and revocation of the licence

(1) The licence pursuant to § 3 shall lapse

Section 3
Protection of betting customers

§ 8

Protection of young persons and betting customers

(1) The placement and brokering of bets and the brokering of betting customers is only permitted in relation to individuals who have turned 18. In case of doubt, the age of the betting customer must be ascertained by presenting an official photo ID which complies with the requirements laid down in § 6(2) subparagraph 1 of the Financial Market Anti Money Laundering Act.
§ 8 Protection of young persons and betting customers

(1) The placement and brokering of bets and the brokering of betting customers is only permitted in relation to individuals who have turned 18. In case of doubt, the age of the betting customer must be ascertained by presenting an official photo ID which complies with the requirements laid down in § 6(2) subparagraph 1 of the Financial Market Anti-Money Laundering Act.

(2) Every betting operator must indicate, outside the entrance to outlets and at every betting terminal inside, that it is prohibited for children and adolescents to place bets.


(8) The betting operator shall ensure that the talks are conducted by a responsible person who has the appropriate training. The names and telephone numbers of the responsible persons must be displayed in every betting outlet and at every site of a betting terminal and must be reported to the authorities in relation to every betting outlet and every betting terminal.

§ 9

Measures against money laundering and terrorist financing
§ 9 Measures against money laundering and terrorist financing

(1) In the case of stakes which exceed a sum of €1,000 per bet placed, the betting operator shall record the identity of the betting customer and the data on the photo ID as per § 8(1), stating the stake amount.

(2) If there is a justified suspicion that a betting procedure that has already been undertaken, or one which is ongoing or is about to be undertaken, serves the purpose of money laundering or the financing of terrorism, the betting operator must inform the Financial Intelligence Unit (§ 4(2) of the Federal Criminal Police Office Act) immediately.

§ 10

Betting conditions and betting slips
(2) If there is a justified suspicion that a betting procedure that has already been undertaken, or one which is ongoing or is about to be undertaken, serves the purpose of money laundering or the financing of terrorism, the betting operator must inform the Financial Intelligence Unit (§ 4(2) of the Federal Criminal Police Office Act) immediately.

§ 10 Betting conditions and betting slips

(1) The betting company must operate in accordance with the betting conditions and betting slips presented in the licensing procedure.


(5) Amendments to the betting conditions and betting slips must be notified to the provincial government immediately.

§ 11