Gaming Law of the Republic of Lithuania

NOT OFFICIAL TRANSLATION

Consolidated version since 01-01-2016 till 31-12-2016

 

Law published in: Official Gazette, 2001, No. 43-1495, e. c. 1011010ISTA00IX-325

 

REPUBLIC OF LITHUANIA

 

GAMING LAW

 

17 May 2001 No IX-325

Vilnius

 

SECTION ONE

GENERAL PROVISIONS

 

Article 1. Purpose of the Law

This Law regulates the conditions and terms and procedure of the organisation of gaming in the Republic of Lithuania.

 

Article 2. Basic Definitions in this Law

1. Gambling (hereinafter gaming) means a game or mutual betting in accordance with established regulations where, seeking to win money, participants voluntarily risk their stakes, and where the gain or loss depends on chance, an occurrence of any event or the result of a sports match.

2. Gaming device means a gaming machine, also any other electronic or mechanical device designed and manufactured for gaming purposes, the use of which results in winning or losing money by chance.

3. Gaming machine (hereinafter machine) means an electronic device designed and manufactured for gaming purposes, the use of which results in winning or losing money by chance:

1) Category A machine means a machine with unlimited winnings where the maximum single winning is not limited;

2) Category B machine means a machine with limited winnings where the maximum amount of a stake is EUR 0.5, the maximum winning per game cannot exceed the stake by more than 200 times and the duration of one game is not less than 3 seconds.

Amendments to paragraph of the Article:

No. XII-1166, 25-09-2014, published in RLE on 03-10-2014, e.c. 2014-13586

 

4. Gaming establishment (casino) means a place, where table games (roulette, card games, dice games) and gaming by category A machines are organised according to the approved gaming regulations.

5. Machine hall means a place where gaming by category B machines is organised according to the approved gaming regulations.

6. Bingo hall means a place where bingo is organised according to the approved gaming regulations.

7. Player means a natural person taking part in gaming.

8. Winning fund means the sum of money earmarked for winning players.

9. Person in control of a legal person means a natural or legal person who:

1) has the right to elect (appoint) more than half of members of the supervisory board (management board) or the head of the administration;

2) exercises actual control over the decisions made by a legal person: has the right of ownership to all or a part of assets of an economic entity or the right of disposal in respect of all or a part of such assets.

10. Direct Communication System means a system which is used for placing stakes and paying out winnings through direct communication computer network terminals located in different places of the Republic of Lithuania and linked by telecommunications to the host computer, which ensures centralised recording of the stakes placed and the winnings paid out.

11. Bookmaker means a natural person who acts as an intermediary between persons making bets: sets the betting ratio, records the bets, collects and pays out money.

12. Betting office means a place where bets are accepted from participants in betting.

13. Totalisator office means a place where bets are accepted from totalisator players.

14. Maximum single winning means the permitted maximum amount that may be won by a player in a single game which is equal to the product obtained by multiplying the amount staked by the maximum winning ratio fixed by the machine software.

15. Duration of a single machine game means the period of time from the beginning of the game (pressing of the button) to the presentation of the result.

16. Remote gaming communication means (hereinafter - means of communication) mean wire, radio, optical or other electromagnetic means, which may be used to provide gaming services  when player and operator are not present physically in one place at the same time.,

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

17. Remote gaming agreement means an agreement concluded by a gaming operator and a player in a written or electronic form, whereby the gaming operator undertakes to provide remote gaming services to the player and to pay out remote gaming winnings in accordance with the procedure prescribed by remote gaming regulations, and the player undertakes to comply with the procedure and rules of organization of remote gaming established by laws and remote gaming regulations when taking part in remote gaming.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

18. Remote gaming services mean services that cover betting cash amounts in gaming, including mutual betting, and are provided by means of communication and/or over the Internet, having concluded a remote gaming agreement.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

19. Remote gaming device means a device intended for gaming by means of communications, with installed special gaming software.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

20. Company means a public or private limited liability company established in the procedure prescribed by the Law on Companies of the Republic of Lithuania. A branch of a legal person or organization of any legal form established in another member state in accordance with legislation of that state, which is conferred the right to engage in gaming activities in that member state, having its head office in the Republic of Lithuania and performing all or a part of functions of the legal person, is also considered a company in this Law.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

21. Gaming permit - means a permit issued to a gaming operator granting the right to organize gaming of a certain type at the specified gaming location, or a permit to organize remote gaming.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

22. Pathological gaming means a person’s mental disorder, which is characterized by frequent and recurrent urge to game, when a person becomes addicted, gives up his social, material, labour, family values and commitments, and which can be diagnosed by health care institution specialists.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

23. Illegal gaming operator means a person, who organizes gaming without having a license for organizing gaming and a respective gaming permit, or a person, who, organizes gaming having a license for organizing gaming, but without holding a respective gaming permit.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

24. Member state means a member state of the European Union, also another state of the European Economic Area. In this Law, the Swiss Confederation is also considered a member state.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

25. Accredited institution means a conformity assessment body (laboratory) accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ 2008 L 218, p. 30), having reported to the Supervisory Authority its accreditation certificate number, its expiry date and other information requested by the Control Authority.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Amendments to the Article:

No. IX-995, 27-06-2002, Official Gazette, 2002, No. 72-3010 (17-07-2002)

No. IX-1271, 10-12-2002, Official Gazette, 2002, No. 123-5553 (24-12-2002)

No. X-800, 19-07-2006, Official Gazette, 2006, No. 87-3410 (08-08-2006)

 

Article 3. Types of Gaming

1. Machine gaming:

1) a game by category A machine means a game played when tokens are inserted into a machine and the winnings are paid out in tokens by a machine. The result of the game and the amount of winnings are determined by a machine;

2) a game by category B machine means a game played when coins and/or tokens are inserted into a machine and the winnings are paid out in money or tokens. The result of the game and the amount of winnings are determined by a machine.

2. Bingo is a game which is played with cards bearing numbers and a scoreboard; the amount of winnings depends on the total amount of stakes and the combination of numbers selected at random. The total bingo winnings fund shall comprise at least 50 percent of the total amount of stakes.

3. Table games:

1) roulette is a game which is played by guessing in which slot a ball dropped on a spinning wheel will stop; the amount of winnings depends on the total amount of stakes and the winning ratio fixed in advance;

2) card or dice game is played when the winner and the amount of winnings is determined on the basis of symbols of the cards dealt or the score of dice.

4. Totalisator is a game which is played by guessing the result of a sports event where the amount of winnings depends on the ratio of totalisator player’s stake (fixed by the totalisator operators in advance) and totalisator winnings fund. The total totalisator winnings fund shall comprise at least 50 percent of the total amount of stakes.

5. Betting means mutual betting on the outcome of an event based on guessing where the amount of winnings depends on the stake of the player and the betting ratio coefficient fixed by the bookmaker in advance.

6. Remote gaming means gaming when bets are accepted and winnings are paid out by means of communication. Remote gaming includes online gaming.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No. 72-3010 (17-07-2002)

 

 

SECTION TWO

REQUIREMENTS FOR organizing gaming

 

Article 4. Authority Issuing Licenses for Organizing Gaming

1. Licences for organizing games shall be issued by the Gaming Control Authority under the Ministry of Finance of the Republic of Lithuania (hereinafter - the Control Authority).

2. Prior to issuing a licence for organizing games, the Control Authority must receive the conclusions of the State Security Department, the Financial Crime Investigation Service under the Ministry of the Interior and the Police Department under the Ministry of the Interior.

Amendments to Article:

No IX-1698, 04-07-2003, Official Gazette, 2003, No. 74-3419 (25-07-2003)

No XI-1015, 21-09-2010, Official Gazette, 2010, No. 118-5990 (02-10-2010)

No XI-1578, 15-09-2011, Official Gazette, 2011, No. 119-5611 (01-10-2011)

 

Article 5. Types of Licences for Organizing Gaming

1. Licences may be issued to organize the following games:

1) table games and category A machine gaming;

2) category B machine gaming;

3) bingo;

4) totalisator;

5) betting.

2. One company may be issued all types of licences.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

 

Article 6. License Validity and Cancellation

1. A licence for organizing gaming shall be issued for an unlimited period of time.

2. A licence shall be cancelled if:

1) a licence holder submits an application to cancel the licence;

2) a company in liquidation or reorganisation ceases to operate;

3) (repealed with effect from 25 July 2003);

4) false data were submitted to obtain a licence;

5) a company which was warned about a possible cancellation of licence has failed to eliminate violations of the conditions of licensed activity;

6) on other grounds provided for by legal acts.

3. A licence shall be cancelled by the authority that has issued it.

Amendments to Article:

No IX-412, 28-06-2001, Official Gazette, 2001, No 56-1984 (30-06-2001)

No IX-1698, 04-07-2003, Official Gazette, 2003, No 74-3419 (25-07-2003)

 

Article 7. Gaming Licensing Rules

The Government shall approve the gaming licensing rules.

 

Article 8. Entities Organizing Gaming

1. Companies, having obtained licenses for organizing gaming and permits to open machine halls, bingo halls and gaming establishments (casinos), or having obtained licenses for the organization of gaming and when the Control Authority approves the totalisator or betting regulations.

2. The company willing to organize remote table games, remote machine gaming, betting or a totalisator, including a horserace totalisator, and remote bingo games, shall have at least one of licenses for the organization of gaming listed in paragraph 1 of Article 5 hereof, and a permit to organize remote gaming, and shall also meet other requirements laid down in the Law.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

Amendments to Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Article 81. Entities Organizing Remote Gaming

Companies having obtained a license for organizing gaming in the procedure prescribed herein and established at least one gaming establishment (casino) or at least 5 totalisator offices for organizing horserace totalisators, or at least 10 machine halls, or at least 20 betting offices, or at least 20 totalisator offices and providing gaming services therein, having received a permit to organize remote gaming in the procedure prescribed in Article 21 hereof and after the approval of regulations of a respective remote gaming by the Control Authority shall have the right to organize gaming. The authorized capital of a company willing to organize remote gaming of all types shall be at least EUR 1 158 000. Remote gaming may also be organized by a branch of a foreign company in the Republic of Lithuania having obtained a respective license and permit, if a person having established this branch meets the requirements for the authorized capital set in this Law.

Supplemented with the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Article 9. Locations for Setting up Gaming Establishments (Casinos)

Gaming establishments (casinos) shall be set up with the consent of a local municipality council.

 

Article 10. Prohibitions and Restrictions Relating to the Organization of Gaming

1. It shall be prohibited to organize gaming unprovided for in this Law or in violation of the procedure set forth herein.

2. The organization of gaming shall be prohibited in the following locations:

1) residential houses, except those where non-residential premises located on the ground floor have been adapted for other activity according to the design and use of the building and which have a separate entrance from the street, which is not the same as the stairway entrance;

2) pre-school establishments;

3) general education schools;

4) vocational training establishments;

5) post-secondary schools;

6) schools of higher education;

7) additional and non-formal educational establishments;

8) health care establishments;

9) children’s sanatoriums;

10) cultural establishments;

11) libraries;

12) theatres;

13) museums and exhibition halls;

14) credit and other financial institutions;

15) shops, except for the setting up of betting and totalisator offices in shopping centres which are designated not only for shop activities and which, according to the building layout plan, have separate premises;

16) state and municipal authorities and institutions;

17) cinemas, railway and bus stations, airports, seaports, except for machine gaming, where they are operated in separate premises which are not related to direct functions of such establishments;

18) post offices, except for betting and totalisator offices established therein.

3. The following persons shall be prohibited from participating (either directly, through another person or authorised by another person) in gaming organized by their company: the founders, shareholders and controllers of the company organizing gaming, members of its supervisory board and management board and all employees of the company. Public servants and officials who exercise supervision and control over the organization of gaming may participate in gaming in accordance with the procedure established by the Control Authority only when exercising such control.

4. A company organizing gaming shall be prohibited from securing the fulfilment of any obligations of other entities as well as from granting any kind of loans to other persons.

5. The use of bank (debit, credit) cards for payment and installation of ATM machines in premises where gaming is organized shall be prohibited. Locations where remote gaming is organized shall be exempt from this provision.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

6. Economic activities other than catering, sale of drinks, concert activity and currency exchange shall be prohibited in the premises where machine gaming, bingo and table games are organized.

7. Operating gaming devices which do not have a certificate or do not bear a label as provided for in paragraphs 5, 51 and 6 of Article 16 of this Law shall be prohibited.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

8. The use of gaming and remote gaming devices for purposes other than the organization of gambling shall be prohibited, except for their use for personnel training to work with gaming devices where the organiser of trainings has been issued a training licence by the institution authorised by the Government.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

9. The advertising of gambling shall be prohibited in the territory of the Republic of Lithuania, except where it contains only the name of companies organizing gambling, gaming establishments (casinos), bingo or machine halls, totalisator or betting offices, addresses of gaming locations and types of organized gaming, also, the number of gaming devices in a gaming establishment (casino), bingo or machine halls.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

10. Persons who are under 18 years of age shall be prohibited from gaming. Persons who are 21 years of age and over may take part in gaming organized in gaming establishments (casinos), including those organized remotely. Persons under 21 years of age shall be refused the entrance to gaming establishments (casinos). Persons carrying weapons shall be prohibited from entering a gaming establishment (casino), except for persons guarding such establishments (casinos) or officers performing their official duties in accordance with the procedure established by laws. The gaming operator must ensure the compliance with the above requirements.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

101. Having determined that it is providing services to a person prohibited from gaming or that the person is prohibited from being in a gaming establishment, the gaming operator shall immediately terminate the service provision to that person and take him out from the gaming establishment, and having determined that a person who is prohibited from gaming takes part in remote gaming, shall immediately terminate provision of remote gaming service to such a person  and inform to the Control Authority thereof.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

11. All shares of a gaming company shall be registered.

12. The shareholders of a gaming company who have transferred all or part of their shares to other persons shall within 30 days notify the Control Authority in accordance with its established procedure. In case of death of a shareholder, the inheritor of shares of the deceased shareholder shall within 30 days of the inheritance notify the Control Authority thereof in accordance with its established procedure. In such cases, the Control Authority shall decide on re-registration of the licence for organizing gaming.

13. A company organizing gaming shall be prohibited from manufacturing gaming devices, assembling them from parts or repairing them, developing new or modifying the existing gaming algorithm programmes.

14. A company organizing gaming may not be the founder or shareholder of other companies.

15. A licence for organizing gaming may not be sold or transferred in any other way to other companies.

16. Other prohibitions and restrictions regarding the organization of gaming provided for in this and other laws of the Republic of Lithuania may also apply.

17. Linking category B machines into the jackpot system shall be prohibited.

18. Restrictions provided for in paragraphs 4, 11 and 14 of this Article shall also apply to companies applying for a licence for organizing gambling.

19. The following methods of promotion of participation in gaming shall be prohibited in the Republic of Lithuania:

1) by granting to the player the right to receive gifts from a gambling operator immediately or within a certain period of time after participation in gaming;

2) to organize games or contests, pilot games, lotteries and other events, which would encourage participation in gaming, including remote gaming, in places other than gaming locations or website of the gaming operator.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e.c. 2015-08980

 

Amendments to Article:

No IX-412, 28-06-2001, Official Gazette, 2001, No 56-1984 (30-06-2001)

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

No IX-1843, 25-11-2003, Official Gazette, 2003, No 116-5249 (12-12-2003)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 101. Warning Signs

1. Gaming locations shall have hanging (indicated) warning signs on the fact that participation in gaming may lead to addiction to gaming or pathological gaming and that minors and other people, who are prohibited from taking part in gaming or being in gaming premises in accordance with this Law, are prohibited from participating in gaming. Gaming locations must have indicated information on a possibility for a person to receive a statement on the pay-out of winnings. Persons taking part in remote gaming must also be familiarized with this information.

 2. The Control Authority shall approve the content and form of warning signs indicated in paragraph 1 hereof, as well as the rules of their presentation in gaming locations and websites of gaming operators.

Supplemented with the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Article 102. Additional Restrictions Relating to Prohibition to Take Part in Betting and/or a Totalisator

1. Persons shall be prohibited from taking part in betting (including remote betting) where bets are made on betting events, wherein they participate themselves or they themselves can affect the outcome of the betting; also on events participated by their close relatives or family members, or where these persons can affect the outcome of the betting.

2. Persons shall be prohibited from taking part in a totalisator (including a remote totalisator), where they make bets on the outcome of a sports event, wherein they participate themselves or which is participated by their family members or close relatives.

3. Having determined that a bet is made by a person, whose right to take part in betting and/or a totalisator is restricted on the grounds established herein, a bookmaker shall refuse to accept the bet, or, where such fact comes to light later on, - refuse to pay out winnings and inform the Control Authority thereof.

4. Persons having breached the requirements laid down in this Article shall be held liable in the procedure established by the Law on Administrative Offenses of the Republic of Lithuania.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Article 103. Restrictions of the Content of Betting and/or a Totalisator

1. The gaming operator shall be prohibited from offering to bet on betting (totalisator) events and offer such betting (totalisator) event opportunities, which are determined by execution of an illegitimate condition or condition in conflict with public order or good morals and/or performance of illegitimate actions, or results of gaming machine, remote gaming devices, table games, slot machines and dice games. The gaming operator may offer to bet solely on such betting event possibilities, the presence or absence whereof is possible.

2. If the gaming operator offers to bet on betting (totalisator) events and/or offers such opportunities of betting (totalisator) events, which are illegitimate, in conflict with public order, good morals or are impossible, and/or which are determined by results of gaming machine, remote gaming devices, table games, slot machines and dice games, betting on the said betting events and their opportunities shall be null and void.

3. The organization of bets on dog and horse races that will not take place for objective reasons (created by a remote gaming device) only shall be possible via remote gaming devices. The organization of other betting that will not take place for objective reasons (created by a remote gaming device) shall be prohibited.

4. The gaming operator that offers betting in breach of the requirements laid down herein shall be held liable in the procedure established by laws.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

Article 11. Requirements for Gaming Operators and Civil Servants and Employees of the Control Authority

1. Persons with not yet expired or revoked conviction for serious or grave premeditated crimes or crimes against property, property rights and property interests, the economy and business practice or financial system may not be founders (shareholders) of a company organizing gaming, also persons controlling them, members of a supervisory board, management board or heads of administration of the company and their deputies, chief financial officers, staff members providing services to players as well as civil servants and employees of the Control Authority.

2. The gaming operator shall be responsible for the competence and professional skills of staff servicing the players.

Amendments to Article:

No IX-1418, 03-04-2003, Official Gazette, 2003, No 38-1663 (24-04-2003)

No IX-1698, 04-07-2003, Official Gazette, 2003, No 74-3419 (25-07-2003)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

No XI-2239, 02-10-2012, Official Gazette, 2012, No 122-6098 (20-10-2012)

 

Article 12. Gaming Location

1. Gaming shall be organized in:

1) machine halls: games by category B machines;

2) bingo halls;

3) gaming establishments (casinos): table games and games by category A machines.

2. Machine games, bingo and games of gaming establishments (casinos) may be organized only in the premises which are indicated in the permit to open gaming machine halls, bingo halls and gaming establishments (casinos).

3. At least 10 gaming machines shall be installed in a machine hall.

4. Bingo halls shall organize bingo only.

5. Roulette, card, dice and category A machine games may be organized in a gaming establishment (casino). A gaming establishment (casino) shall be equipped with at least 3 gaming tables, including at least one roulette table, and at least 30 machines of category A.

6. A remote gaming location shall be a location where remote gaming services are provided.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

 

Article 13. Requirements for Authorised Capital of Gaming Companies

1. Paid-up authorised capital indicated in the articles of association of a company organizing bingo, totalisator and betting shall be at least EUR 289 000 and that of a company organizing a horse race totalisator shall be at least EUR 144 000.

2. Paid-up authorised capital indicated in the articles of association of a company organizing gaming by category B machines shall be at least EUR 289 000 and that of a company organizing gaming in a gaming establishment (casino) shall be at least EUR 1 158 000.

3. Paid-up authorised capital indicated in the articles of association of a company organizing several types of gaming shall be not less than the maximum authorised capital set for a specific type of gaming.

4. At the time of submission of documents for a licence, equity of companies indicated in paragraphs 1, 2 and 3 of this Article shall comply with the requirements of paragraph 3 of Article 38 of the Law on Companies.

5. The minimum amount of money which, in accordance to the investment procedure laid down by the Control Authority, a company organizing gaming shall invest in government securities, keep in banks and on hand and/or in machine cash boxes intended for that purpose and designated solely for paying out the winnings shall be as follows:

1) EUR 11 585 per gaming table;

2) EUR 7 241 per category A machine;

3) EUR 145 per category B machine;

4) at least 25% of the required minimum authorised capital in respect of companies organizing bingo, totalisator, betting and horse-race totalisator.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002 No 72-3010 (17-07-2002)

No IX-1948, 23-12-2003, Official Gazette, 2004, No 4-49 (07-01-2004)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

Amendments to Article:

No. XII-1166, 25-09-2014, published in RLE on 03-10-2014, e. c. 2014-13586

 

 

Article 14. Right of Companies Organizing Gaming to Engage in Other Economic – Commercial Activities

Companies organizing gaming in gaming machine halls, bingo, table games, totalisator and betting may not engage in other economic – commercial activities, except for the rent of premises where the company organizes gaming for the economic – commercial activity specified in Article 10(6) of this Law.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

Amendments to Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

Article 15. Requirements for Premises of Gaming Machine Halls, Bingo Halls and Gaming Establishment (Casino)

1. Gaming establishments (casinos) and bingo halls shall be set up in isolated premises having a separate entrance. The premises shall be equipped with:

1) a device to provide continuous lighting and continuous, uninterrupted process of gaming;

2) a digital video recording system operating continuously in the course of gaming (where gaming is organized in a gaming establishment (casino), the digital video recording system shall be installed above each table). A gaming operator must keep video recordings for 180 days and shall submit them only to the Control Authority, players who have filed claims in writing, pre-trial investigation officers, prosecutors or the court in accordance with the procedure laid down by laws;

3) a separate cash register to exchange money for tokens and vice versa;

4) a fire-extinguishing system.

5) separate premises allotted by the administration of a gaming establishment (casino) for state officials and civil servants who carry out supervision and control over the operation of gaming.

2. Machine halls shall be set up in isolated premises having a separate entrance. The premises of such halls shall comply with the requirements laid down in subparagraphs 1, 3 and 4 of paragraph 1 of this Article.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

No IX-1418, 03-04-2003, Official Gazette, 2003, No 38-1663 (24-04-2003)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 16. Requirements for Gaming Devices

1. Only new and unused gaming devices shall be permitted for operation in the Republic of Lithuania, provided that they have been manufactured by a properly-licensed (certified) manufacturer and provided that their types have been approved by a supervisory authority authorised by the Government and entered in the Lithuanian Register of Gaming Devices in accordance with the procedure laid down by the Government.

2. The winnings fund of category A machines shall comprise at least 90 % of the total amount of stakes, and the winnings fund of category B machines shall comprise at least 80 % of the total amount of stakes.

3. All gaming devices shall be owned by the gaming company or may be acquired by lease.

4. Each gaming device shall comply with the requirements of this Law and requirements established and approved by the Control Authority.

5. Each gaming device shall have a certificate issued by accredited agencies (laboratories) attesting that gaming devices meet the requirements prescribed by this Law and set by the Control Authority; only accredited agencies shall conduct assessments of the compliance of gaming devices and remote gaming devices with the requirements prescribed by this Law and set the Control Authority and shall issue certificates of conformity. Agencies accredited in a non-member state and their issued certificates may be recognised by a decision of an institution authorised by the Government of the Republic of Lithuania. The procedure of recognition of agencies accredited in a non-member sate and their issued certificates shall be established by the Control Authority. Remote gaming devices and software processing information provided by means of communication shall be installed in the Republic of Lithuania or another member state. When inspecting activities of a gaming operator, it shall ensure a possibility for the Control Authority to connect to remote gaming equipment.

Amendments to Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

51. The operation of gaming devices and remote gaming devices that do not have a certificate and have not been labelled in the prescribed procedure shall be prohibited. The use of electronical and mechanical devices, electronic ticketing machines, gaming machines and other devices similar to gaming devices in their form and content, also, remote gaming devices, shall be prohibited, except for the exceptions laid down in this Law.

Supplemented with the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

6. Each certified gaming device shall bear a special label in accordance with the procedure established by the Control Authority.

7. A company may change or start using new gaming devices only after having complied with the requirements of paragraphs 5 and 6 of this Article and after having received a permit of the Control Authority in accordance with the procedure laid down by this Law.

8. Accounting registers shall be kept for gaming devices. Their format and procedure of completion shall be determined by the Control Authority.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 17. Requirements for Gaming Cards and Playing Cards

1. Bingo, totalisator and betting cards shall be numbered and each card shall have a unique number.

2. Before starting to operate bingo, totalisator or betting, companies must register bingo, totalisator or betting cards with a territorial state tax inspectorate, except where bingo, totalisator or betting cards are distributed via direct communication system or when providing remote bingo, totalisator or betting services.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

3. Playing cards shall bear the logo of a gaming establishment (casino) on their back.

 

Article 18. Gaming Regulations

1. Gaming shall be organized according to gaming regulations which shall indicate:

1) name of the game;

2) gaming location;

3) gaming rules;

4) amount of a stake required for participation in the game;

5) maximum amount of winnings;

6) groups of winnings;

7) procedure for setting up and winning a cumulative fund (if any);

8) types of gaming cards, procedure of their numbering, acquisition and return (if bingo is organized), except where bingo cards are distributed via direct communication system;

9) procedure of pay-out of winnings;

10) claims filing and examination procedure.

2. Gaming regulations, their amendments and supplements shall be approved by the Control Commission.

3. At the player’s request, a gaming operator must familiarise the player with gaming regulations.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011. No 119-5611 (01-10-2011)

 

Article 19. Pay-out of Gaming Winnings

1. In gaming establishments (casinos), machine and bingo halls, winnings shall be paid out only in cash immediately, where the winnings do not exceed EUR 30 000, or no later than within 24 hours, where the winnings exceed EUR 30 000. On the request of a player, winnings shall be paid out in cash or by issuing a bank cheque to the winner, or by a payment order to the winner’s bank account.

Amendments to the paragraph of the Article:

No XII-1166, 25-09-2014, published in RLE on 03-10-2014, e. c. 2014-13586

 

2. A portion of table, machine or bingo winnings may be paid out in the form of a “cumulative fund”. A “cumulative fund” shall be won by linking the tables located in the same gaming establishment (casino) or automatically by the same machine, or by linking the machines located in the same gaming establishment (casino), or by linking the machines located in the gaming establishments (casinos) which belong to the same operator. Where the “cumulative fund” is won by several linked machines or tables, the following shall be displayed in a place visible to players:

1) the number of linked tables or machines and location where they are operated;

2) a special screen constantly displaying the amount available in the “cumulative fund”;

3) a percentage to be deducted from each game into the “cumulative fund”.

3. Totalisator and betting winnings shall be paid out in cash only, immediately upon the presentation of the winning card.

Amendments to the paragraph of the Article:

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

 

Article 20. Identification of Players

1. A gaming operator must check the identity of a client who enters machine halls, bingo halls, betting and totalisator offices, when there are suspicions that the person may be younger than 18 years of age. Companies organizing gaming must verify the identity of a client who enters a gaming establishment (casino) and register the person. A gaming operator must register, in accordance with the procedure established by the Government, persons who either exchange cash for tokens or make a stake, or win the amount in excess of EUR 1 000 or its equivalent in foreign currency.

Amendments to the paragraph of the Article:

No XII-1166, 25-09-2014, published in RLE on 03-10-2014, e. c. 2014-13586

 

2. At the request of a winner, a gaming operator must issue a certificate in the format determined by the State Tax Inspectorate supporting the declaration of assets.

3. A gaming operator must retain the documents and information on the persons referred to in paragraphs 1 and 2 of this Article for a period of 10 years and must provide them only to the Control Authority and pre-trial investigation officers, prosecutors or the court in accordance with the procedure laid down by laws.

4. A gaming operator must, in accordance with the procedure established by the Government, notify a territorial state tax inspectorate of the winnings and losses in excess of the amount specified in Article 2 of the Law of on the declaration of income of residents of the Republic of Lithuania for acquisition of valuable property or other acquired and transferrable funds of the Republic of Lithuania and adjusted taking account of changes in consumer prices.

Amendments to Article:

No IX-412, 28-06-2001, Official Gazette, 2001, No 56-1984 (30-06-2001)

No IX-1418, 03-04-2003, Official Gazette, 2003, No 38-1663 (24-04-2003)

No IX-1843, 25-11-2003, Official Gazette, 2003, No 116-5249 (12-12-2003)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

SECTION TWO1

Requirements for the organization of remote gaming

 

Article 201. Organization of remote gaming

1. Remote gaming may be organised according to this Law and the regulation for organizing remote gaming, when a license or a permit to organize remote gaming issued by the Control Authority has been received in the procedure prescribed herein, and when the Control Authority approves the regulation for organizing remote gaming prepared by gaming operator.

2. Gaming operator organizing remote gaming must ensure the following by technical and organizational means:

1) that minor persons and persons, who are prohibited from gaming according to the requirements laid down in paragraphs 3 and 10 of Article 10 of this Law could not participate in remote gaming;

2) that persons taking part in remote gaming were identified and registered;

3) that transparent accounting of stakes of players and winnings paid out to players was ensured.

3. Websites, telephone numbers and other contact information, which will be used to provide remote gaming services, shall be additionally indicated along with the application for a permit to organize remote gaming. The gaming operator must also indicate the details of a payment account, which will be used for mutual settlements of the gaming operator and the player.

4. Heads of schools of general education, pre-schools, non-formal children’s educational institutions and children’s upbringing, education and care institutions, health care institutions, state and municipal institutions and establishments must ensure that a possibility to take part in remote gaming was blocked in computers and network devices of the establishment or institution.

 

Article 202. Participation in remote gaming

1. A natural person willing to take part in remote gaming shall conclude a remote gaming agreement with the gaming operator in a form approved by the Control Authority.

2. Remote gaming agreements may be concluded with natural persons only. A natural person cannot conclude a remote gaming agreement through a representative. Before concluding a remote gaming agreement, the gaming operator must request the natural person willing to conclude a remote gaming agreement to present data necessary to identify him, to check his compliance with the requirements laid down in paragraphs 3 and 10 of Article 10 hereof and whether he is not prohibited from participating in gaming in accordance with this and other laws.

 3. Only a person who has a valid remote gaming agreement shall be allowed to take part in gaming. A person who has a concluded remote gaming agreement shall be responsible for the fact that the code and/or password conferred to him was not used by third persons. This person shall be prohibited from transferring the code and/ or password conferred to him to other persons or otherwise allowing other persons to participate in remote gaming in his name. The gaming operator shall terminate the remote gaming agreement with persons having breached this requirement. A new remote gaming agreement with such persons shall be concluded no earlier than in one year after the termination of the agreement.

 

Article 203. Conclusion, validity and expiry of remote gaming agreement

1. A remote gaming agreement in a simple written form shall be concluded with the player in head office of the company or the gaming location. A remote gaming agreement shall be considered concluded from the moment of its signing by the parties.

2. A remote gaming agreement concluded on the gaming operator’s website in an electronic form shall be considered concluded from the moment, when the player activates a special link on the website of the gaming operator designated for concluding a remote gaming agreement, enters personal data and other requested information in designated fields and confirms by clicking a link “I agree” that he has read provisions of the remote gaming agreement, agrees with them and commits to comply therewith.

3. Having determined that a natural person willing to take part in remote gaming does not meet the set requirements (he is prohibited from taking part in gaming), the gaming operator cannot conclude a remote gaming agreement with such a person, and where such circumstances come to light later on, it shall immediately terminate the concluded agreement and terminate the person’s access to participation in remote gaming.

4. When concluding a remote gaming agreement, the gaming operator must indicate the following to a person willing to take part in remote gaming:

1) name, code and address of the gaming operator, dates and numbers of the license to organize gaming and the permit to organize gaming issued by the Control Authority;

2) a regulation for organizing remote gaming of the gaming operator or an active link to the website, where the complete text of the relevant version of the regulation for organizing remote gaming is published;

3) information on restrictions to take part in gaming, which players are subject to according to provisions of paragraphs 3 and 10 of Article 10 hereof;

 4) information on prohibition to allow third persons to participate in gaming using an identification code and/or a password conferred to the player;

5) warning signs provided for in part 1 of Article 101 hereof on the fact that participation in gaming may lead to addiction to gaming or pathological gaming, and provide contact information of places where the player may refer for help;

6) information on the fact that there is a possibility to receive a statement on the pay-out of winnings;

7) information on distribution of expenses relating to acceptance of stakes and pay-out of winnings (expenses of payment orders and other expenses, if any) and their amount, if such expenses are deducted from the player’s winnings amount.

5. The gaming operator shall grant to the person having concluded a remote gaming agreement a code and/or a password necessary for taking part in remote gaming, which allow clearly identifying the player. One person may be granted only one set (a code and a password) of login data necessary for taking part in remote gaming.

6. A remote gaming agreement shall be valid for one year from the day of its signing, unless the agreement provides for a different validity term.

7. The player may unilaterally terminate a remote gaming agreement pre-term having informed the gaming operator about that beforehand. A remote gaming agreement may also be terminated in other cases and on other grounds established by the Civil Code of the Republic of Lithuania.

8. Upon the expiry of the remote gaming agreement, if the agreement was not extended, the gaming operator shall terminate access of the player with whom the agreement was concluded to participation in remote gaming without a separate notice.

9. The gaming operator shall store concluded remote gaming agreements for 10 years after their expiry.

10. Disputes arising out of remote gaming agreements shall be subject to law of the Republic of Lithuania.

 

Article 204. Requirements for Remote Gaming Devices and Equipment for Organizing Remote Gaming

1. Remote gaming equipment and software, which is used to accept and process information presented by means of communication, shall be installed and stored in the Republic of Lithuania or another member state. The gaming operator shall allow persons entitled to inspect activities of the gaming operator to freely inspect equipment and information stored in the equipment. The gaming operator shall store such information for 5 years and present it to the Control Authority, pre-trial investigation officers, prosecutors, court, other state institutions and establishments carrying out inspections of activities of the gaming operator in the procedure prescribed by laws.

2. Remote gaming equipment used to organize remote gaming shall be registered in the procedure prescribed by Control Authority.

3. The gaming operator organizing remote gaming shall install equipment, which would ensure centralized identification and registration of all players participating in remote gaming, actions taken by players when playing, also, which would account for the stakes made and winnings paid out, at its own expense. This equipment shall be the property of the gaming operator or otherwise owned thereby, and installed in the Republic of Lithuania or another member state.

4. The gaming operator shall ensure for persons having the right to inspect activities of the gaming operator direct access to freely remotely inspect a remote gaming device and equipment used to organize remote gaming as well as information stored therein.

 

Article 205. Acceptance of Stakes and Pay-out of Winnings

1. In remote gaming, stakes may be paid and accepted by the gaming operator non-cash from a payment account of the player to the payment account of the gaming operator. One player’s gaming account, where sums for gaming paid by the player in advance are accounted for, shall be registered in the database of the gaming operator on the basis of a remote gaming agreement.

2. The remote gaming operator shall transfer remote gaming winnings to the gaming account of the player managed by the remote gaming operator, or, at the player’s request, to the payment account of the player specified by him. At the player’s request, the remote gaming operator shall pay out winnings to the player in cash in gaming establishment (casino), machine hall, bingo hall, totalisator or betting office of the remote gaming operator.

3. Having determined that it has accepted stakes from a person, who is prohibited from gaming, the gaming operator shall immediately terminate the game, reject the stake and return the rejected stake to the player.

4. In remote gaming, winnings shall be transferred to the same account, from which the player paid a stake participating in remote gaming in which he won.

 

Article 206. Protection of Players Participating in Remote Gaming

1. The player shall have the right to present to the gaming operator a written application, which would contain one or several restrictions applicable to participation of the player having presented the application in remote gaming. The player may express the request (or a few of them) in his application:

1) to limit the maximum amount of money, which the player may bet during a certain period of time or one continuous gaming session;

2) to limit the maximum amount of one bet;

3) to set the time limit of one game, where the player continuously (without taking a break) plays from the start of the game, after which the player’s access to participation in remote gaming must be terminated;

4) to temporarily, for the player’s indicated period of time, restrict the player’s possibility to take part in remote gaming.

2. The gaming operator must ensure the implementation of restrictions indicated in part 1 of this Article.

3. Information on the time which the player participating in remote gaming has spent in the game, the total sum of his bets and the actual result of his game (winning or losing) must constantly and clearly be displayed to the player during the entire gaming session.

 

 

Article 207. Measures to fight illegal remote gaming operators

1. Having conducted an investigation and determined that illegal remote gaming operators are organizing remote gaming in the Republic of Lithuania, the Control Authority shall have the right to:

1) give binding instructions to a payment, credit or another financial institutions to suspend for a period up to 5 days payments and other financial transactions related to an entity engaged in illegal remote gaming activities in the Republic of Lithuania, including payments for taking part in games organized by illegal gaming operators, pay-out of winnings or acceptance of bets for the benefit of the illegal gaming operator;

2) give binding instructions to a payment, credit or another financial institutions to terminate payments and other financial transactions related to an entity engaged in illegal remote gaming activities in the Republic of Lithuania, including payments for taking part in games organized by illegal gaming operators, pay-out of winnings or acceptance of bets for the benefit of the illegal gaming operator;

3) give binding instructions to the information hosting service provider and/or network service provider to immediately remove information stored by the information hosting service provider, which is used with the aim to illegally organize remote gaming, or to eliminate access to this information;

4) give binding instructions to the network service provider to eliminate access to information used with the aim to illegally organize gaming.

2. In order to conduct actions indicated in paragraph 1 of this Article, the Control Authority must present an application for a permission to carry out the actions to the Vilnius Regional Administrative Court. The application for a permission to carry out actions shall contain name and surname or title of the person having committed a suspected violation, nature of suspected violations and the planned actions. The Vilnius Regional Administrative Court shall examine the application for a permission to carry out actions and adopt a reasoned decision to uphold or reject the application for a permission to carry out actions. The application for a permission to carry out actions shall be examined and the ruling shall be passed no later than within 3 days from the moment of presentation of the application for a permission to carry out actions. If the Control Authority disagrees with the ruling of the Vilnius Regional Administrative Court to reject the application for a permission to carry out actions, it shall have the right to appeal the ruling to the Supreme Administrative Court of Lithuania within 7 days from the day of adoption of the ruling. The Supreme Administrative Court of Lithuania shall examine the appeal with regard to the ruling of the Vilnius Regional Administrative Court to reject the application for a permission to carry out actions no later than within 7 days from the day of acceptance of the Control Authority’s appeal. A representative of the Control Authority shall have the right to take part when the appeal is heard in oral procedure. The ruling passed by the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. When examining applications and appeals with regard to a permission to carry out actions, courts must ensure the secrecy of the presented information and planned actions.

3. The Control Authority shall publish information on identified illegal remote gaming operators, who illegally organize remote gaming in the Republic of Lithuania, and inform that the specified remote gaming activities are organized illegally.

4. The Government or its authorized institution shall establish the procedure of restriction of payments for participation in remote gaming organized by illegal remote gaming operators and the pay-out of winnings via banks or other financial institutions operating in the Republic of Lithuania.

5. The Government or its authorized institution shall establish the procedure for ensuring the elimination of access to information used in order to organize illegal gaming activities.

 

Article 208. Minimum Amount of Money for Paying out Remote Gaming Winnings

1. The minimum amount of money, which gaming operators organizing remote gaming must in accordance with investment procedure established by the Control Authority invest in Government’s securities, keep in bank accounts, the company’s cash on hand and dedicate for paying out remote gaming winnings only, shall be at least EUR 72 400.

2. The minimum amount of money indicated in paragraph 1 hereof may be used to pay out remote gaming winnings only. If having paid out remote gaming winnings from the minimum amount of money indicated in paragraph 1 hereof the minimum amount of money dedicated for paying out remote gaming winnings becomes lower than established in paragraph 1 hereof, the gaming operator must restore the required lowest cash amounts dedicated for paying out remote gaming winnings within 2 calendar days.

Supplemented with the paragraph:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

SECTION THREE

ISSUING, SUPPLEMENTING, AMENDING AND CANCELLING PERMITS TO OPEN MACHINE HALLS, BINGO HALLS AND GAMING ESTABLISHMENTS (CASINOS)

 

Article 21. Issuing Permits to Open Machine Halls, Bingo Halls, Gaming Establishments (Casinos) and to Organize Remote Gaming

1. The Control Authority shall issue permits to open machine halls, bingo halls, gaming establishments (casinos) and to organize remote gaming.

2. Permits to open machine halls, bingo halls, gaming establishments (casinos) and to organize remote gaming shall be issued to companies licensed to organize specific games or such permits shall be issued together with the relevant licence.

3. A company that seeks a permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming shall file an application with the Control Authority indicating its name, code, head office address, phone and fax numbers, address and phone of the gaming location, types of gaming to be organized,  gaming licence issue date and number (where a permit is issued to a licensed company), position and full name of the company’s manager or a person authorised thereby who has completed and signed the application, and date of application. If gaming devices or remote gaming devices are used to organize a totalisator or betting, documents certifying the conformity of these devices to the requirements set by the Control Authority shall be presented in addition.

4. The following documents and data shall be submitted together with the application to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming:

1) gaming regulations;

2) description of gaming devices (type, modification, manufacturer, year and month of manufacture) and documents attesting the right of ownership of the company applying for a permit to such gaming devices, or contracts on acquisition of the devices by lease;

3) the number of gaming devices;

4) certificates referred to in Article 16(5) of this Law;

5) the information determined by the Control Authority on the gaming location;

6) documents attesting the right of ownership to the premises where gaming will be organized or a copy of a rent or lease contract of such premises;

7) rules setting entrance fees to machine halls, bingo halls or gaming establishments (casinos) and the procedure of their payment (where applicable);

8) the list of full names and personal identification numbers of the head of administration of the machine hall, bingo hall or gaming establishment (casino), deputy heads, chief financial officers and staff members providing services to players.

41. In addition to the documents and data indicated in paragraph 4 hereof, the following shall be presented along with the application for a permit to organize remote gaming:

1) telephone numbers, websites and other contact details that will be directly related to the provided remote gaming services;

2) data of accounts opened in credit institutions, which will be used for accepting bets and mutual settlements of the player and the gaming operator;

3) addresses of servers used to organize remote gaming;

4) description of remote gaming devices and software used to organize remote gaming, and data attesting their conformity to requirements laid down in this Law and those set by the Control Authority.

5. The Control Authority shall have the right to request additional documents and information required for making a decision concerning the issue of permit, and also to request to explain or supplement the submitted data.

6. Civil servants and employees of the Control Authority shall check if the premises intended for opening a machine hall, bingo hall or gaming establishment (casino) meet the requirements established therefor. An application for a permit to open a machine hall, bingo hall or gaming establishment (casino) shall be examined within 30 calendar days of its receipt. Where additional documents and information is requested, the calculation of the period of 30 days shall resume from the date of submission of additional information or explanations and corrections. The total period of granting a permit shall not exceed 60 calendar days from the day when all the necessary documents and data were first submitted.

7. A permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming shall specify the gaming company’s name, code, head office address, phone, gaming location, types of gaming to be organized, number of gaming devices, and permit issue date.

8. After having issued a gaming licence and a permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming, the Control Authority shall, within 5 working days from the day of issue of the licence (permit), notify the Financial Crime Investigation Service under the Ministry of the Interior, territorial state tax inspectorates and territorial police offices in the territory of which the gaming will be organized the name, title, code, head office address, phone, gaming location, types of gaming to be organized, number of gaming devices of the company to which the license (permit) was issued.

9. A permit to open a machine hall, bingo hall or gaming establishment (casino) or to organize remote gaming shall be issued upon the payment of a fixed state fee and shall be valid for an unlimited period of time.

Amendments to Article:

No IX-995, 27-06-2002, Official Gazette, 2002. No 72-3010 (17-07-2002)

No IX-1193, 12-11-2002, Official Gazette, 2002, No 116-5191 (06-12-2002)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

Amendments to Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

Article 22. Refusal to Issue a Permit to Open a Machine Hall, Bingo Hall, Gaming Establishment (Casino) or to Organize Remote Gaming

1. The Control Authority may refuse to issue a permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming where:

1) knowingly false data were provided in the application for a permit or other documents;

2) the company refuses to submit the documents, data or explanations specified in paragraphs 3, 4, 41, 5 of Article 21 of this Law, or the submitted documents do not meet the established requirements;

3) premises where machine, bingo or table games will be organized do not meet the established requirements;

4) gaming devices or remote gaming devices or software do not meet the requirements laid down by this Law and the Control Authority;

5) persons specified in subparagraph 8 of paragraph 4 of Article 21 hereof do not meet the requirements of Article 11 of this Law;

6) information (measures) provided to the Control Authority do not allow remotely connecting to equipment of the gaming operator.

2. The applicant shall be notified in writing of the decision to refuse a permit to open a machine hall, bingo hall or gaming establishment (casino).

3. A refusal to issue a permit to open a machine hall, bingo hall or gaming establishment (casino) may be appealed in accordance with the procedure established by laws.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

Amendments to Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

Article 23. Supplementing or Amending a Permit to Open a Machine Hall, Bingo Hall, Gaming Establishment (Casino) or to Organize Remote Gaming

Amended name of the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

1. A company which holds a gaming licence and a permit to open a machine hall, bingo hall or gaming establishment (casino) and wishes to install more gaming devices in those premises, must obtain the consent of the Control Authority. Such consent shall be documented by supplementing the permit.

2. In order to have its permit supplemented, a company shall file an application with the Control Authority indicating its name, code, head office address, telephone and fax numbers, address and phone of gaming location, its telephone number, types of gaming to be operated additionally and number of gaming devices, position and full name of the company’s manager or a person authorised thereby who has completed and signed the application, and the date of filing the application. The application shall be submitted together with the data and documents referred to in subparagraphs 1, 2, 3 and 4 of paragraph 4 of Article 21 of this Law.

3. The application to supplement a permit shall be examined within 10 calendar days from the day of its receipt.

4. The Control Authority may refuse to supplement a permit if gaming devices do not meet the requirements laid down in this Law and those set by the Control Authority.

5. A company which holds a licence to organize gaming and a permit to open a machine hall, bingo hall or gaming establishment (casino) and wishes to reduce the number of gaming devices or replace them by other devices, shall file an application to the Control Authority indicating the gaming location address and the number of gaming devices it wishes to reduce or the devices it wishes to replace.

6. The Control Authority shall amend the permit within 10 days from the day of receipt of the application, indicating therein the number and types of remaining gaming devices.

7. After having supplemented or amended a permit, the Control Authority shall, within 5 working days from the day of supplementing or amending the permit, notify the Financial Crime Investigation Service under the Ministry of the Interior, territorial state tax inspectorates and territorial police offices in the territory of which gaming is organized about the change in the number of gaming devices and specify the name and code of the company whose permit was supplemented or amended, its head office address, phone and fax numbers, permit number, gaming location address, types of organized gaming and the number of gaming devices.

8. A gaming operator having the right to organize gaming and a permit to organize remote gaming must refer to the Control Authority with an application to amend or supplement its permit if:

1) the license is revised in cases indicated in this Law;

2) the gaming operator want to replace remote gaming devices by other remote gaming devices or start using more remote gaming devices, or reduce the number thereof.

Supplemented with the paragraph of the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

9. A gaming operator which holds a gaming licence and a permit to open a machine hall, bingo hall or gaming establishment (casino) or to organize remote gaming shall refer for amendments to the permit when the name of the operator, head office address or address of a gaming location change.

Supplemented with the paragraph of the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

Amendments to Article:

No IX-1193, 12-11-2002, Official Gazette, 2002. No 116-5191 (06-12-2002)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 24. Cancelling a Permit to Open a Machine Hall, Bingo Hall, Gaming Establishment (Casino) or Organize Remote Gaming

1. A permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming shall be cancelled where:

1) the company holding the permit so requests;

2) gaming activities are not started in the specified premises or organization of remote gaming activities is not commenced within one year after the issuance of the permit;

3) a gaming licence is cancelled or is not re-registered;

4) it transpires that knowingly incorrect data have been provided in the application for a permit or in other documents;

5) premises where gaming is operated do not meet the established requirements;

6) the contract on lease of the premises where gaming is operated expires or is terminated.

2. Having decided to cancel the permit, the Control Authority shall communicate the decision to the licence holder within 5 working days of its adoption.

3. A decision to cancel a permit to open a machine hall, bingo hall, gaming establishment (casino) or to organize remote gaming may be appealed against in accordance with the procedure laid down by laws.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

Amendments to Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

 

Article 25. Organization of Totalisators and Betting

1. A company holding a licence to organize a totalisator or betting may start organizing them only after the Control Authority approves the gaming regulations.

2. The Control Authority shall determine the procedure of work of bookmakers and the procedure of establishment of betting and totalisator offices.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

SECTION FOUR

SUPERVISION AND CONTROL of the organization of gaming

 

Article 26. Control Authority

1. The Control Authority is an institution set up under the Ministry of Finance of the Republic of Lithuania and in accordance with the procedure laid down in legal acts participating together with other state and municipal institutions in the implementation of the state policy in the area of gambling and carrying out the gaming control in order to ensure fair and transparent operation of gaming and the protection of rights and legitimate interests of players.

2. The Control Authority is a legal person. It has accounts with banks and a seal bearing the state emblem of the Republic of Lithuania and its name.

3. The Control Authority is a budgetary establishment.

4. The Control Authority is financed from the State Budget of the Republic of Lithuania. Other non-budgetary funds obtained in accordance with the procedure laid down in laws can also be used for financing the Control Authority.

5. The Control Authority is run by the director. The director of the Control Authority shall be appointed and removed from office by the Minister of Finance by way of competition in accordance with the procedure laid down by the Law on Civil Service.

6. The Control Authority shall employ civil servants who are subject to the Law on Civil Service and employees who work according to employment contracts.

7. The procedure of operations of the Control Authority is laid down in this Law and other laws, the regulations of the Control Authority and the rules of procedure approved by the director of the Control Authority.

Amendments to Article:

No IX-1698, 04-07-2003, Official Gazette, 2003, No 74-3419 (25-07-2003)

No X-1783, 06-11-2008, Official Gazette, 2008, No 131-5033 (15-11-2008)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 27. Establishment and Liquidation of the Control Authority

1. The Control Authority shall be established, reorganised and liquidated in accordance with the procedure laid down by laws.

2. The regulations of the Control Authority shall be approved by the Government or the Minister of Finance on instruction of the Government.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 28. Main Functions of the Control Authority

When implementing the provisions of this Law, the Control Authority shall:

1) examine documents necessary for issuing gaming licences;

2) examine documents necessary for issuing permits to open machine halls, bingo halls and gaming establishments (casinos) or to organize remote gaming;

Amendments to the paragraph of the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

3) issue and cancel gaming licences;

4) issue permits to open machine halls, bingo halls, gaming establishments (casinos) or to organize remote gaming, also supplement, amend and cancel such permits;

Amendments to the paragraph of the Article:

No. XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

 

5) control compliance of gaming operators with requirements of laws and other legal acts regulating the organization of gaming;

6) draft legal acts regulating the organization of gaming;

7) maintain the Register of Gaming Devices of Lithuania.

Amendments to Article:

No IX-1271, 10-12-2002, Official Gazette, 2002, No 123-5553 (24-12-2002)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 29. Rights of the Control Authority

In performing the functions assigned thereto, the Control Authority shall have the right to:

1) obtain information necessary for performing its control functions;

2) check compliance of gaming operators with requirements of this Law and other legal acts at gaming locations;

3) check financial activities of companies organizing gaming;

4) request gaming operators to present explanations regarding the organization of gaming;

5) establish the procedure for investing a part of the authorised capital of companies organizing gaming into government securities;

6) establish the procedure of labelling gaming devices;

7) set the requirements for gaming devices;

8) determine the format of logs to be completed for gaming devices and their completion procedure;

9) determine the gaming type to which the gaming, which does not meet all characteristics established for a specific type of gaming, or which meets characteristics of several types of gaming, is to be attributed;

10) determine financial statements to be submitted by a company organizing gaming and their submission procedure;

11) determine the sanctions laid down for companies organizing gaming by this Law and other legal acts regulating the operation of gaming.

Amendments to Article:

No IX-1843, 25-11-2003, Official Gazette, 2003, No 116-5249 (12-12-2003)

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

Article 30. Audit

Within 4 months after the end of a business year, a company organizing gaming shall submit the opinion of a certified auditor and the annual financial report to the Control Authority and shall publish financial statements audited by a certified auditor.

Amendments to Article:

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

 

SECTION FIVE

FINAL PROVISIONS

 

Article 31. Taxation of Companies Organizing Gaming

Companies organizing gaming shall pay taxes in accordance with the procedure established by the Law on Gaming Tax and other legal acts.

 

Article 32. Liability for Violations of this Law

Liability for violations of this Law shall be applied in accordance with the procedure laid down by laws.

 

Article 33. Entry into Force of the Law

This Law, except for Article 34, shall enter into force on 1 July 2001.

 

Article 34. Proposals to the Government

To propose that the Government, by 1 June 2001:

1) approved the gaming licensing rules;

2) approved the amounts of state fees for issuing of gaming licences and permits to open machine halls, bingo halls and gaming establishments (casinos);

3) set up the Control Authority and approved its regulations.

 

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

PRESIDENT OF THE REPUBLIC                               VALDAS ADAMKUS

 

 

 

 

Amendments:

 

1.

Seimas of the Republic of Lithuania, Law

No IX-412, 28-06-2001, Official Gazette, 2001, No 56-1984 (30-06-2001)

LAW AMENDING AND SUPPLEMENTING ARTICLES 6, 10 AND 20 OF THE GAMING LAW

This Law shall enter into force from 1 July 2001.

 

2.

Seimas of the Republic of Lithuania, Law

No IX-995, 27-06-2002, Official Gazette, 2002, No 72-3010 (17-07-2002)

LAW AMENDING AND SUPPLEMENTING ARTICLES 2, 3, 5, 10, 12, 13, 14, 15, 16, 19 AND 21 OF THE GAMING LAW

This Law shall enter into force from 1 September 2002.

The companies holding licenses and permits to open machine halls, bingo halls and gaming establishments (casino) in accordance with the Gaming Law applicable before the entry into force of this Law shall reorganise their operations within one year of the entry into force of this Law.

Article 9(1) of this Law shall enter into force from 1 March 2003.

 

3.

Seimas of the Republic of Lithuania, Law

No IX-1193, 12-11-2002, Official Gazette, 2002, No 116-5191 (06-12-2002), 2002

LAW AMENDING THE GAMING LAW, THE LAW ON EMPLOYMENT CONTRACT, THE law on the declaration of income of residents of the Republic of Lithuania for acquisition of valuable property or other acquired and transferable funds, THE LAW ON THE DECLARATION OF PROPERTY AND INCOME OF INDIVIDUALS

 

4.

Seimas of the Republic of Lithuania, Law

No IX-1271, 10-12-2002, Official Gazette, 2002, No 123-5553 (24-12-2002)

LAW AMENDING AND SUPPLEMENTING ARTICLES 2 AND 28 OF THE GAMING LAW

Article 1 of this Law shall enter into force from 1 January 2003.

Article 2 of this Law shall enter into force from 1 March 2003.

 

5.

Seimas of the Republic of Lithuania, Law

No IX-1418, 03-04-2003, Official Gazette, 2003, No 38-1663 (24-04-2003), effective from 01-05-2003

LAW AMENDING ARTICLES 11, 15 AND 20 OF THE GAMING LAW

 

6.

Seimas of the Republic of Lithuania, Law

No IX-1698, 04-07-2003, Official Gazette, 2003, No 74-3419 (25-07-2003)

LAW AMENDING AND SUPPLEMENTING ARTICLES 4, 6, 11 AND 26 OF THE GAMING LAW

 

7.

Seimas of the Republic of Lithuania, Law

No IX-1843, 25-11-2003, Official Gazette, 2003, No 116-5249 (12-12-2003)

LAW AMENDING ARTICLES 10, 20 AND 29 OF THE GAMING LAW

This Law, except for Article 5, shall enter into force from 1 January 2004.

 

8.

Seimas of the Republic of Lithuania, Law

No IX-1948, 23-12-2003, Official Gazette, 2004, No 4-49 (07-01-2004)

LAW AMENDING ARTICLE 13 OF THE GAMING LAW

This Law shall enter into force from 1 January 2004.

 

9.

Seimas of the Republic of Lithuania, Law

No X-800, 19-07-2006, Official Gazette, 2006, No 87-3410 (08-08-2006)

LAW AMENDING ARTICLE 2 OF THE GAMING LAW

The provision of Article 1 regarding the euro shall enter into force from the day of introduction of the euro in the Republic of Lithuania (1 January 2015).

 

10.

Seimas of the Republic of Lithuania, Law

No X-1783, 06-11-2008, Official Gazette, 2008, No 131-5033 (15-11-2008)

LAW AMENDING ARTICLE 26 OF THE GAMING LAW

 

11.

Seimas of the Republic of Lithuania, Law

No XI-1015, 21-09-2010, Official Gazette, 2010, No 118-5990 (02-10-2010)

LAW AMENDING ARTICLE 4 OF THE GAMING LAW

This Law, except for paragraph 2 of this Article, shall enter into force from 1 January 2011.

 

12.

Seimas of the Republic of Lithuania, Law

No XI-1578, 15-09-2011, Official Gazette, 2011, No 119-5611 (01-10-2011)

LAW AMENDING ARTICLES 4, 8, 10, 11, 13, 15, 16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 AND THE TITLE OF SECTION FOUR OF THE GAMING LAW

This Law, except for Article 21 and paragraph 2 of this Article, shall enter into force from 1 March 2012.

 

13.

Seimas of the Republic of Lithuania, Law

No XI-2239, 02-10-2012, Official Gazette, 2012, No 122-6098 (20-10-2012)

LAW AMENDING ARTICLE 11 OF THE GAMING LAW

This Law shall enter into force from 1 January 2013.

 

Amendments:

 

1.

Seimas of the Republic of Lithuania, Law

No XII-1166, 25-09-2014, published in RLE on 03-10-2014, e. c. 2014-13586

Law Amending Articles 2, 13, 19 and 20 of the Gaming Law of the Republic of Lithuania No. IX-325

 

2.

Seimas of the Republic of Lithuania, Law

No XII-1734, 21-05-2015, published in RLE on 08-06-2015, e. c. 2015-08980

Law Amending Articles 2, 3, 4, 8, 10, 12, 14, 16, 17, 19, 21, 22, 23, 24, 28 of the Gaming Law No IX-325, Supplementing the Law with Articles 8-1, 10-1, 10-2, 10-3 and Section 2-1

 

Last updated: 21-05-2019