NB: Unofficial translation, legally binding only in Finnish and

NB: Unofficial translation, legally binding only in Finnish and

NB: Unofficial translation, legally binding only in Finnish and Swedish

Ministry of the Interior, Finland

Lotteries Act

(1047/2001; amendments up to 1344/2001 included)

Chapter 1

Scope of application and definitions

Section 1

Scope of application

This Act lays down provisions on running lotteries and supervising the running of lotteries, rendering lottery accounts and the purposes of use of the proceeds, and supervising the use of the proceeds.

Section 2

Definition of a lottery

For the purposes of this Act, a lottery means an activity in which participants may win, in full or in part, a prize of monetary value based on chance and in which there is a charge for participation. Postal or local or long-distance telephone costs or similar costs incurred by participants in registering their participation in a lottery which do not benefit the lottery organizer are not considered to be a charge.

What is provided in this Act concerning lotteries also applies to running casino activities and keeping casino games, slot machines, non-money prize machines and other game machines and game equipment available for public use against a charge where players are able to win a prize of monetary value.

What is provided in this Act concerning lotteries also applies to

1) lotteries which take place abroad, to the extent that their tickets are sold or supplied in Finland and

2) lotteries which take place in the province of Åland, to the extent that their tickets are also sold or supplied elsewhere in Finland.

Section 3

Definitions of the different ways of running a lottery

For the purposes of this Act:

1) money lottery means a lottery in which money can be won in a draw;

2) betting means a lottery in which players have the opportunity to receive a share of the winnings accumulated from participation charges according to the product of the stake placed by the player and the odds indicating the probability of outcome on the basis of a guess about the results of a sporting or other competition, but excluding trotting races;

3) pools means a lottery in which players have the opportunity to receive a share of the winnings accumulated from participation charges on the basis of a guess about the result of a sporting competition or trotting race or a draw of numbers or symbols;

4) slot machine means a game machine or game equipment with which players can win money;

5) casino game means roulette, card and dice or other comparable games in which players can win money;

6) casino activities means the keeping of slot machines and casino games for the use of players in supervised premises approved for gambling purposes;

7) totalisator betting means a lottery in which players have the opportunity to receive a share of the winnings accumulated from participation charges according to the product of the stake placed by the player and the odds indicating the probability of outcome on the basis of a guess about the result of a horse race;

8) non-money lottery means a lottery in which articles or vouchers or coupons exchangeable for articles or services can be won in a draw or in a comparable manner based on chance;

9) guessing game means a non-money lottery in which participants have the opportunity to win articles or vouchers or coupons exchangeable for articles or

services on the basis of a guess concerning the subject of the game, but excluding sporting or other competitions;

10) bingo means a lottery operated in a place approved for playing bingo and where the winners are those who call out under the rules of play that their bingo card or other corresponding coupon in electronic form has the drawn numbers in the arrangement assumed under the rules and in which articles or vouchers or coupons exchangeable for articles or services can be won; and

11) non-money prize machine means a game machine or game equipment with which players can win a non-money prize.

Section 4

Other definitions

For the purposes of this Act:

1) ticket means a printed slip or a receipt in an equivalent electronic or other comparable form, which gives the right to take part in a lottery;

2) gaming activities means the running of a lottery in which players can win money;

3) amusement park means a place of amusement in a fixed location where most of the revenue is from keeping carousels, various rides or roller coasters or other similar amusement park equipment available for public use against a charge; and

4) fun fair means a mobile place of amusement that is moved from one location to another.

Chapter 2

General provisions concerning lotteries

Section 5

Right to run a lottery

A lottery may be run by a registered association, an independent foundation or other such organization that has a charitable or other non-profit purpose and whose registered office is in Finland.

Subsection 2 has been repealed. (1344/2001)

Subsection 3 has been repealed. (1344/2001)

Section 6

Authorization to run a lottery

Unless otherwise provided in this Act, a lottery may be run only with a licence granted by the licensing authority.

The licence may include conditions concerning the tickets, the ticket price, the sale of tickets, the draw, claiming of prizes and other aspects of the running of a lottery. The licence may also include conditions on the purpose of use of the proceeds and on supervising the running of a lottery. The provisions on the conditions and regulations to be included in a licence to operate gaming activities are laid down in section 13.

Section 7

General conditions for granting a licence

A licence to run a lottery may be granted to an organization or foundation referred to in section 5 if

1) the lottery is run in order to collect funds to promote a charitable or other nonprofit activity,

2) the running of the lottery is not obviously inappropriate in respect of the public interest, and

3) the licensing authority has no reasonable grounds to suspect that the applicant will act in violation of the provisions on running lotteries.

If the applicant has not paid the lottery tax within the prescribed period or has not rendered the accounts, a new licence shall not be granted until the tax arrears are paid and the accounts deposited with the authorities.

Section 8

Revoking a licence

A licence granted for running a lottery may be revoked if the licence holder has seriously violated a law of legal significance for the running of lotteries or the licence conditions or if the licence holder no longer meets the conditions for obtaining a licence.

Section 9

Commitment to the purpose of use of the proceeds of certain lotteries

The proceeds from lotteries referred to in section 3(8)-(11) shall be used for the purpose laid down in the licence.

If the proceeds from lotteries referred to in subsection 1 or a part of them cannot be used for the purpose laid down in the licence or it is not appropriate because the circumstances have changed or for some other reason, the licence holder shall apply to the licensing authority for permission to change the purpose of use of the proceeds.

Permission to change the purpose of use of the proceeds shall be granted provided that the new or amended purpose of use accords with section 7(1)(1)-(2).

Section 10

Prohibition on giving credit

A lottery may not be run in such a way that players can participate on credit or against security.

Chapter 3

Gaming activities

Section 11

Gaming licence

Licences are granted for the purposes of gaming activities (gaming licence) in order to guarantee the legal protection of those who engage in gaming activities, prevent abuse and criminal activity and reduce social problems created by gaming, with the limitations laid down below.

A gaming licence may be issued separately:

1) for running money lotteries, pools and betting;

2) for keeping slot machines available for use, operating casino games and running casino activities; and

3) for operating totalisator betting.

A gaming licence is granted for the sole use of the holder and only one licence is granted at a time for the purpose of lotteries referred to in subsection 2(1)-(3).

Gaming licences are granted and revoked by the Government. The licence is applied for in writing. A gaming licence may be issued for a maximum of five years.

Section 12

Gaming operators

A gaming licence may be granted to an institution established for the purposes of operating gaming activities (gaming operator) under the conditions laid down in section 7. A gaming operator may not practise any other lottery activity than gaming activities.

The provisions on the organizational structure and administration of a gaming operator practising the activities referred in section 11(2)(2) are laid down by

Government decree.

Section 13

Conditions and orders attached to a gaming licence

A gaming licence shall include the following conditions concerning the activities of a gaming operator:

1) a gaming operator may not establish or acquire ownership of any companies other than those necessary for its gaming activities or shares in such companies and may not sell or supply shares in these companies to a new owner without the permission of the relevant ministry provided by law for dealing with matters concerning the distribution of proceeds of the gaming operator;

2) without the permission of the ministry referred to in paragraph 1, a gaming operator or its subsidiary company may not a) establish funds or create uncommitted reserves or alter the nature of the bookkeeping for these, b) alter its share capital, c) grant loans or d) make investments other than those in fixed assets necessary for its activities; and

3) a gaming operator may not distribute dividends on its profits or on its untied equity to its shareholders and may not distribute gratuitous benefits from its profits or surplus to its members or personnel.

A gaming licence granted for running money lotteries, pools and betting or for operating totalisator betting shall lay down the proportion of the accumulated participation charges that shall be paid out to players as winnings, how the winnings are rounded and how unclaimed winnings are distributed. A gaming licence granted for running money lotteries, pools and betting shall also lay down the remuneration to be paid from the sales revenue of pools made on the results of trotting races to the gaming operator running the totalisator betting.

A gaming licence granted for keeping slot machines available for use, operating casino games and running casino activities shall lay down the maximum number of slot machines and casino games and the number and location of casinos, and the types of casino games and maximum number of slot machines and casino games in the casinos and the hours of business of casinos.

A gaming licence granted for operating totalisator betting shall also lay down the distribution of the total accumulated stakes from totalisator betting between the State and the licensed gaming operator.

Section 14

Approval of rules of play and the maximum permitted stakes for slot machines and games operated in a casino

Rules of play for games are approved by the Ministry of the Interior upon application.

Rules of play shall include provisions on the distribution of winnings and the return of stakes and the maximum permitted stakes for slot machines and casino games. Rules on money lotteries, pools, betting and totalisator betting shall also include provisions concerning the draw.

The approved rules of play for games shall be kept publicly available at no charge in the places of business of the party operating the games and in the sales outlets for the games.

Section 15

Restricting and prohibiting gaming at a casino

A casino operator shall not allow into the casino and shall remove from the casino any person who is under the age of 18 or who is evidently under the influence of alcohol or other intoxicant or narcotic substance.

A casino operator is entitled to prohibit a person from entering the casino or to restrict a person’s gaming there if

1) there is probable cause to suspect the person of gaming fraud;

2) the person’s behaviour is creating or there is probable cause to suspect that it will create a disturbance in the good order at the casino;

3) gaming has had or will evidently have an adverse social impact on the person for financial or health reasons; or

4) the person has requested a prohibition on entry or a restriction on gaming from the casino operator.

A prohibition or restriction remains in force for a minimum of three months and a maximum of one year.

Section 16

Miscellaneous provisions concerning slot machines and casino games

A slot machine operator shall not allow anyone who is evidently under the age of 15 to play a slot machine. A person under the age of 15 may, however, play a slot machine in the presence and with the consent of an adult belonging to the same family. A casino operator shall not allow anyone who is evidently under the age of 18 to play casino games.

Slot machines and casino games shall be sited in a supervised space. They may not be sited in a space where their use could endanger safety or cause a public disturbance.

Chapter 4

Proceeds from gaming activities

Section 17

Purposes of use of the proceeds

The proceeds from money lotteries, pools and betting are used to promote sports and physical education, science, the arts and youth work. Separate provisions shall be issued by law regarding the distribution of the proceeds among these purposes of use.

The proceeds from slot machines, casino games and casino activities are used to promote health and social welfare.

The proceeds from totalisator betting are used to promote horse breeding and equestrian sports.

Section 18

Entering the proceeds in the Budget

Entries are made in the Budget each year for appropriations approximating to

1) the profits and the amortization and interest on loans granted from retained earnings of gaming operators running money lotteries, pools and betting for the financial period in question,

2) the amount, for gaming operators operating slot machines, casino games and casino activities, distributed from estimated profits for the previous financial period, the difference between estimated profits in the preceding year and the profits confirmed

in the financial statements for that same year, and funds returned for redistribution; and

3) the proportion laid down by Government decree of the total amount of stakes paid on the year in question to the State by gaming operators running totalisator betting and funds returned for redistribution.

Section 19

Rendering accounts of the proceeds

A gaming operator shall render accounts of its gaming proceeds to the ministry laid down by law for dealing with matters concerning the distribution of proceeds of the gaming operator as provided by Government decree.

Section 20

Decision on distribution of proceeds

A gaming operator operating slot machines, casino games and casino activities submits a proposal to the Government for the distribution of the grants to be distributed from its proceeds (distribution proposal). The distribution of grants is decided by the Government. Separate provisions shall be issued by law regarding the guidance and supervision for drawing up the distribution proposal and the procedures concerning preparation of the distribution proposal.

The Ministry of Agriculture and Forestry decides on the distribution of grants to be distributed from the proceeds of totalisator betting. Separate provisions shall be issued by law regarding the principles for awarding grants, the procedure and deadlines for the distribution of the proceeds and the use of totalisator betting proceeds for promoting horse breeding and equestrian sports.

Section 21

Leaving proceeds undistributed

The Government may decide to leave undistributed a maximum of 20 per cent of the appropriations referred to in section 18 each year. The amount left undistributed shall be distributed within five years.

Section 22

Use of proceeds from slot machines, casino games and casino activities

Proceeds from slot machines, casino games and casino activities are used for awarding grants to charitable or other non-profit organizations and foundations which have a legal capacity.

Within the limits of the appropriation entered in the Budget, the proceeds referred to in subsection 1 can also be used for expenditure laid down in the Veterans

Rehabilitation Act (1184/1988), the Act on Rehabilitation for Persons Who Served in

Specified Duties in Wartime (1039/1997) and in section 6d of the Military Injuries

Act (404/1948).

The proceeds referred to in subsection 1 above may be used towards the costs of setting up the premises referred to in section 5a of the Act on the Library for the

Visually Handicapped (638/1996).

Section 23

Payment of the grants distributed from the proceeds and supervision of their use

Separate provisions shall be issued by law regarding the payment of grants awarded from gaming proceeds and supervision of their use.

Chapter 5

Non-money lotteries

Section 24

Provision on scope of application in respect of guessing games

With the exception of section 25, the provisions of this Chapter also apply to guessing games.

Section 25

Non-money lottery licence

Licences for non-money lotteries (non-money lottery licence) run in a single State

Local District are granted and revoked by the District Police in which the lottery is run.

Licences for non-money lotteries run in more than one State Local District or in one or more provinces are granted and revoked by the State Provincial Office for the province in which the registered office of the organization or foundation applying for the licence is located.

The licence is applied for in writing. Licences may be granted for a maximum of six months.

Section 26

Requirements for granting a non-money lottery licence

A non-money lottery licence is granted to an organization or foundation referred to in section 5 if

1) the general licence requirements laid down in section 7 above are met;

2) the method of running the lottery, the combined sales price of the tickets, the value of the prizes and the likely proceeds from the lottery are not in obvious disproportion to the established aims; and

3) the combined value of the prizes corresponds to at least 35 per cent of the combined sales price of the tickets and the smallest prize corresponds to at least the price of the ticket and the value of tickets given as prizes is not included in the minimum value of the prizes laid down above.

A new non-money lottery licence may not be granted without special reason if the licence applicant’s proceeds from the two preceding non-money lotteries in the last three years have been in obvious disproportion to the total revenue obtained from the sale of tickets.

Section 27

Exceptions concerning the right to operate and to participate

An organization or foundation referred to in section 5 above may run a non-money lottery without the licence laid down in section 25(1) under the conditions laid down in section 7 where the combined sales price of the tickets does not exceed 2,000 euros and where the sale of tickets and distribution of prizes occurs at the same event (small

lotteries).

A school class or equivalent study group may run a small lottery referred to in subsection 1 for the purposes of promoting study or leisure-time activities that support study, provided that an adult is responsible for the work associated with running the lottery.

Holders of a non-money lottery licence may not purchase tickets and take part in the non-money lottery that they are running.

A workplace community or an established leisure-time interest group may run a nonmoney lottery among its members for the purposes of promoting recreational or leisure-time activities or a charitable or non-profit activity without the licence laid down in section 25(1) and without the account-rendering obligation laid down in section 30, where the combined value of the tickets does not exceed 500 euros and where the sale of tickets and distribution of prizes occurs at the same event (mini

lotteries).

Section 28

Practical operation of a non-money lottery

Practical operation of a non-money lottery means performance for financial reward of the tasks directly connected with the operation of a non-money lottery run on the basis of a non-money lottery licence.

The tasks involved in the practical operation of a non-money lottery may be performed only by the non-money lottery licence holder or by a natural person, organization or foundation referred to in section 1(1) of the Act on the Right to Carry on a Trade (122/1919) and laid down in the non-money lottery licence upon application (party responsible for practical operation of a non-money lottery).

The party responsible for practical operation of a non-money lottery may not be:

1) a person who is not legally competent;

2) a person, organization or foundation with insufficient resources to perform the task reliably on account of financial status; or

3) a person, organization or foundation declared bankrupt or a person who has been prohibited from engaging in business or who with probable cause is suspected of or has been convicted of the type of offence which jeopardizes the reliability of the person as a party responsible for practical operation of a non-money lottery.

Section 29

Supervising a draw and providing information about the result of a draw

The draw and mixing of tickets in a non-money lottery shall be performed under the supervision of a representative of the District Police in which the non-money lottery is being run or a notary public, with the exception of small and mini lotteries referred to in section 27.

Holders of a non-money lottery licence, lottery organizers referred to in section 27(1) and persons of full legal age responsible for the running of non-money lotteries referred to in section 27(2) have a duty to notify the lottery participants of the lottery result. Further provisions on the method of notification, the timing of the notification and the content of the notification and its attachments shall be given by Government decree.

Section 30

Rendering accounts and amending accounts

The holder of a non-money lottery licence shall render accounts for the non-money lottery. The accounting period is the licence period. The accounts shall be rendered to the licensing authority within five months of the termination of the validity of the non-money lottery licence, and the licensing authority shall inspect the accounts.

The licensing authority may order the accounts to be amended if they contain written or mathematical errors or other minor defects.

The accounts for a non-money lottery referred to in section 27 above shall be rendered without delay after the end of the event. Accounts are not, however, needed if the tickets have been sold only among persons belonging to the organization running the non-money lottery.

Section 31

Miscellaneous provisions concerning guessing games

The organizer of a guessing game shall prepare a written notification of the game at least five days before it starts.

Notification of a guessing game taking place in a single State Local District shall be submitted to the District Police in which the game is being run. Notification of guessing games taking place in several State Local Districts or in one or more provinces shall be submitted to the State Provincial Office for the province in which the registered office of the game organizer is located.

The duration of a guessing game may be a maximum of six months.

Only a phenomenon or state of affairs that can be defined precisely and within exact limits in advance may be used as the subject of a guessing game. The outcome of a draw may not be used as the subject of a guessing game. The correct answer in a guessing game cannot be known by anyone during the period in which the tickets are sold.

The licensing authority may prohibit a guessing game from taking place if there are reasonable grounds to suspect that the organizer of the game is violating the provisions issued on the organization of guessing games.

Chapter 6

Bingo

Section 32

Bingo licence

Licences to operate bingo (bingo licence) are granted and revoked by the District

Police in which the bingo is played.

An application for a bingo licence is submitted in writing. Bingo licences may be granted for a maximum of two years.

Section 33

Requirements for granting a bingo licence

A bingo licence is granted to an organization or foundation referred to in section 5 if

1) the general requirements for granting a licence laid down in section 7 above are met;

2) the licence applicant presents documentation showing that the draw arrangements used in the bingo operation are reliable; and

3) the premises reserved for the purpose are appropriate for playing bingo.

A new bingo licence may not be granted without special reason if the proceeds obtained from the bingo operation have been in obvious disproportion to the revenue accumulated from the participation charges or if the operation has made a loss in two successive financial years.

Section 34

Approval of rules of play and the maximum permitted stake

Bingo rules of play and the maximum permitted stake are approved by the District

Police upon application. The rules of play shall also include provisions concerning the draw. The approved rules of play shall be publicly available at no charge in the place of business of the bingo operation.

Section 35

Bingo prizes

The right to one or more new games may be given as a prize in a bingo game, in addition to what is provided in section 3(10).

The maximum value of the prizes distributed to players may not exceed 75 per cent of the total sales value for six calendar months, and neither may the maximum value of the prizes distributed to players exceed 95 per cent during one calendar month.

Section 36

Rendering accounts and amending accounts

The licence holder shall render accounts on the bingo for the financial period defined by the licensing authority. The financial period may be a maximum of six months.

The accounts shall be rendered to the licensing authority within one month of the

termination of the financial period, and the licensing authority shall inspect the accounts.

The licensing authority may order the accounts to be amended if they contain written or mathematical errors or other minor defects.

Section 37

Statement on the accounts

An auditor’s statement on the profitability of the bingo referred to in section 4 or 6 of the Auditing Act (936/1994) shall be attached to the accounts.

A bingo licence may allow a statement to be supplied by an auditor other than referred to in subsection 1 if the bingo proceeds can be assumed to be low on account of the infrequency of the bingo sessions or for some other reason.

Chapter 7

Non-money prize machines

Section 38

Licence for a non-money prize machine

Licences for keeping non-money prize machines available for use (licence for a non-

money prize machine) are granted and revoked by the District Police in which the machine is kept.

An application for a licence for a non-money prize machine is submitted in writing.

Licences are granted for a maximum of one year.

A licence is granted to an organization or foundation referred to in section 5 under the conditions laid down in section 7.

Section 39

Non-money prizes

A non-money prize shall be an individual article of low financial value.

Prizes may not include alcohol or tobacco products, gift vouchers or any counters or slips exchangeable for money, articles or services or other monetary benefit.

The provisions on the maximum value of a non-money prize are laid down by

Government decree.

Section 40

Location of non-money prize machines

A non-money prize machine shall be sited in a supervised space. It may not be sited in a space where its use could endanger safety or cause a public disturbance.

Section 41

Rendering accounts and amending accounts

The licence holder shall render accounts on the non-money prize machine which is kept available for use. The financial period is the licence period. The accounts shall be rendered to the licensing authority within one month of the termination of the licence period, and the licensing authority shall inspect the accounts.

The licensing authority may order the accounts to be amended if they contain written or mathematical errors or other minor defects.

Chapter 8

Supervising the running of lotteries

Section 42

Supervising a lottery

The running of a lottery is supervised in order to guarantee the legal protection of the lottery participants, to prevent abuse and criminal activity and reduce social problems associated with lotteries.

The Ministry of the Interior is responsible for national supervision of the running of lotteries and for keeping statistical records on lotteries. The ministry can issue statements and instructions on the running and supervision of lotteries.

The State Provincial Offices and District Police supervise the lotteries run in their own particular areas.

Section 43

Official supervisors

The Ministry of the Interior appoints official supervisors to supervise gaming activities, and they attend to their duties subject to civil-servant liability.

Official supervisors shall supervise the compliance of gaming activities with the rules of play approved under section 14 and shall confirm the pools, betting and totalisator betting results and amount of winnings in each round. Official supervisors shall also supervise the draw and mixing of tickets for money lotteries and confirm the result of the draw, unless a public notary performs these tasks on the consent of the Ministry of the Interior.

Section 44

Right to obtain information

Notwithstanding the provisions on confidentiality, official supervisors are entitled to obtain information and documents necessary to perform their supervision duty from any organization or foundation that has a lottery licence and from any party responsible for practical operation of a non-money lottery.

Section 45

Right to inspect and prohibit

The police, official supervisors and the inspection body referred to in section 58 are entitled to check that an approved payment-monitoring device is used in slot machines and non-money prize machines, and in game machines and game equipment referred to in section 56.

The police are entitled to prohibit the keeping for use of a machine or game equipment referred to in subsection 1 if it is not fitted with an approved paymentmonitoring device or it is sited in violation of the provisions on the location of machines and game equipment. If the observed deficiency or error is minor, the police may order it to be rectified instead of imposing a prohibition.

Section 46

Reimbursement for the costs of supervising gaming activities

Gaming operators shall reimburse the State for the costs incurred in the supervision of gaming activities in accordance with the separate provisions on reimbursement.

Chapter 9

Miscellaneous provisions

Section 47

Collection of winnings and prizes

Winnings obtained in money lotteries shall be collected within one year of the confirmation of the result of the draw or the end of the sales period notified on the tickets. Winnings in pools and betting shall be collected within one year and winnings on totalisator betting within three months of the final result confirmation under the rules of play for these games.

Bingo prizes shall be collected within one year of obtaining the result giving entitlement to the prize.

Prizes in non-money lotteries and guessing games, excluding non-money lotteries permitted without the licence laid down in this Act, shall be collected within two months of the end of the validity period of the non-money lottery licence.

Section 48

Recommended decision

A player may submit a request to the Ministry of the Interior in writing for a recommended decision on a dispute with a gaming operator running a money lottery, pools, betting or totalisator betting concerning the payment of winnings.

Official supervisors referred to in section 43 above may not participate in the issuing of a recommended decision. No charge shall be made for the issuing of a recommended decision. No appeal can be made against a recommended decision. A recommended decision or an application for such a decision shall not prevent the matter from being submitted to a court for decision.

Further provisions on the application for a recommended decision and the documentation that must be attached with it, the application deadline for recommended decisions and the content of recommended decisions may be given by

Government decree.

Section 49

Restriction on gaming in a casino

Persons in the service of a casino and official supervisors referred to in section 43 may not take part in gaming in a casino.

Section 50

Technical supervision of casinos

Provided advance notification is given, casino operators are entitled to supervise gaming activities by using technical equipment to observe and film the casino entrance and customer areas and the casino employee work areas. This technical supervision right does not apply to recreational facilities and restrooms and other facilities for employees.

Section 51

Casino customer and supervision register

Casino operators are entitled to keep a personal register (casino customer and

supervision register) for the purposes of supervising gaming activities. The following information on casino customers and their gaming activities may be gathered and stored in the casino customer and supervision register:

1) forename and surname;

2) date of birth;

3) nationality;

4) address;

5) for foreign customers, passport number and the date and place of issue of the passport;

6) photograph of customer;

7) time of arrival at casino;

8) prohibition on admission or play;

9) information on gaming activities at the casino;

10) suspected or proven gaming fraud; and

11) information on any disturbance-causing behaviour.

The information is gathered on the basis of the customer’s registration and by observing or filming with technical equipment. Information on casino employees collected using observation or filming with technical equipment may also be gathered and stored in the register.

Information held in the register may be handled only by persons employed by the casino who need the information in order to carry out their work duties and only to the extent required to carry out those work duties.

The holder of the register may divulge register information to an official supervisor referred to in section 43 for the purposes of carrying out the supervision duty.

Information held in the register shall be removed from it immediately the information is no longer needed for the supervision of casino activities, and no later than three years after it was entered in the register.

In addition to what is provided in this Act, the Personal Data Act (523/1999) also applies to the casino customer and supervision register.

Section 52

Monitoring and researching problems caused by running lotteries and the associated funding

Problems caused by participating in lotteries shall be monitored and researched.

Problem monitoring and research are the responsibility of the Ministry of Social

Affairs and Health.

Gaming operators shall reimburse the State for costs incurred in the activities referred to in subsection 1 as separately provided on the matter.

Section 53

Duty of gaming operators to divulge information

Gaming operators shall each year supply their operating plan, their budget for the following year and their financial statements to the ministries referred to in section 19 which deal with matters concerning the distribution of proceeds of the gaming operator, the Ministry of Finance and the Ministry of the Interior.

Gaming operators with a licence for keeping slot machines available for use, running casino games and operating casino activities shall submit to the Ministry of Social

Affairs and Health and the Ministry of the Interior copies of the minutes of the gaming operator’s meetings and board meetings and shall supply other information and documents necessary for the supervision of the gaming operator’s activities and use of its proceeds.

Gaming operators shall submit information on the running of lotteries referred to in section 3(1)-(7) to the Ministry of the Interior for statistical purposes and information necessary for monitoring and research of problems caused by participation in lotteries to the Ministry of Social Affairs and Health.

Section 54

Disqualification and civil-servant liability

The provisions on disqualification for civil service posts in the Administrative

Procedures Act (598/1982) apply to disqualification of elected officials and salaried employees of a gaming operator which has a licence for keeping slot machines available for use, running casino games and operating casino activities.

Salaried employees referred to in subsection 1 above attend to their duties subject to civil-servant liability when preparing a distribution proposal referred to in section

20(1).

Elected officials referred to in subsection 1 above attend to their duties subject to civil-servant liability when participating in a decision about a distribution proposal referred to in section 20(1).

Section 55

Confidentiality and the public disclosure of documents

The provisions of the Act on the Openness of Government Activities (621/1999) apply to gaming operators in respect of confidentiality and public disclosure concerning tasks and documents associated with preparation and related decisionmaking for a distribution proposal referred to in section 20(1) above.

Section 56

Exceptions concerning certain game machines and game equipment

Notwithstanding the provisions of sections 5 and 7, the District Police in which a game machine or game equipment is located grants a licence

1) to a natural person, organization or foundation referred to in section 1 of the Act on the Right to Carry on a Trade to keep available for public use against a charge handoperated wheels of fortune and game machines and game equipment acquired before

1 June 1970 with which the player may win an article or other monetary benefit or counters exchangeable for them; and

2) to an amusement park or fun fair to keep available for public use against a charge game machines and game equipment referred to in subsection 1, non-money prize machines and other game machines and game equipment with which the player can receive articles as prizes.

The value of prizes obtained from the game machines or game equipment referred to in subsection 1 above may not exceed 35 euros.

Licences are granted for a maximum of one year.

Sections 6(1), 10, 40, 42, 44, 45 , 63, 64(1) and (8), 66 and 67(2) apply, as appropriate, to the game machines and game equipment referred to in subsection 1 above.

Section 57

Payment-monitoring device

If the charge to be paid for using a slot machine or a non-money prize machine, or a game machine or game equipment referred to in section 56, is collected with the aid of a device that releases the machine or game equipment for use (slot), the machine or game equipment shall include a payment-monitoring device inspected and approved by an inspection body appointed by the Ministry of the Interior. The device shall reliably record information on the payments accumulated from use of the equipment.

Documentation shall be compiled on the information recorded and stored in the manner laid down for the storage of bookkeeping materials.

Section 58

Appointment of inspection body and the inspection body’s obligation to disclose information

The Ministry of the Interior appoints an inspection body upon application to undertake inspection and approval of payment-monitoring devices referred to in this

Act. The decision is issued to an inspection body which performs technical inspections of devices and equipment. The decision may be issued for a maximum of five years.

The Ministry of the Interior can revoke a decision it has issued if

1) the inspection body so requests;

2) the inspection body for no approved reason does not fulfil its inspection duties; or

3) abuses are apparent in the activities of the inspection body which jeopardize the reliability of the inspections and approvals.

The inspection body shall supply information on type-inspected payment-monitoring devices to the Ministry of the Interior.

The inspection and approval procedure for payment-monitoring devices shall comply with the Administrative Procedures Act, the Language Act (148/1922), the Act on the

Use of the Sami Language before the Authorities (516/1991), the Act on the Openness of Government Activities, the Personal Data Act and the Archives Act (831/1994).

Section 59

Documentation

Documentation shall be prepared on the use of slot machines and non-money prize machines, and game machines and game equipment referred to in section 56, but not hand-operated wheels of fortune, which state:

1) the location of the machine or game equipment and the period applying to the location;

2) the readout of the payment-monitoring device when the machine or game equipment is taken into use, when the payment-monitoring device is replaced, when the cash box is emptied and when the machine or game equipment is sold or supplied to another party;

3) the time at which the cash box is emptied;

4) the time at which the payment-monitoring device was not in use on account of it being out of order or for some other reason;

5) the number of times the machine or game equipment is used during inspection of the suitability for use of the payment-monitoring device or the machine or game equipment; and

6) the number of coins which do not accord with the instructions for use of the device in the machine or game equipment.

Section 60

Information displayed on machines or game equipment and shown on tickets

Information indicating the machine and game equipment operator and the operator’s contact details and business identity code shall be displayed in a prominent position on slot machines and non-money prize machines, and on game machines and game equipment referred to in section 56.

Information on the running of the lottery, the organizer and the number, value and types of prizes shall be marked on the lottery tickets or on the notice given at no charge in connection with the sale of tickets.

Section 61

Appointment of an agent

If the licence for a non-money lottery, bingo or non-money prize machine is revoked, the accounts have not been rendered within the specified period or an amendment order under section 30(2), 36(2) or 41(2) has not been complied with, the licensing authority may appoint an agent to take possession of the funds accruing in the lottery and to render the accounts, at the licence holder’s expense.

Running a lottery in a manner other than referred to in sections 3(1)-(11) or 56 is prohibited.

Prohibition applies to

Section 62

Prohibitions on running a lottery

1) selling or supplying tickets for a lottery run without a licence required under this

Act or promoting such a lottery by publishing or distributing advertising material or in any other similar manner;

2) selling or supplying tickets abroad and promoting such activity in the manner referred to in paragraph 1, unless permitted under the legislation of the State or region in which the tickets are sold or supplied; and

3) selling or supplying tickets, receiving stakes and supplying prizes or winnings without the permission of the lottery organizer in respect of gaming activities run by virtue of a licence referred to in this Act.

Selling or supplying premises for the keeping of slot machines, casino games, nonmoney prize machines, or game machines or game equipment referred to in section

56, available for use without a licence required under this Act is prohibited.

A bonus based on a draw may not be paid on premium bonds in addition to interest.

Money lotteries, pools, betting and totalisator betting run by a gaming operator to which the Government has granted a gaming licence are not considered to be lotteries conducted abroad.

Section 63

Lottery offence

Chapter 17, section 16a of the Penal Code (39/1889) lays down provisions on the punishment for a lottery offence.

Section 64

Lottery violation

Any party that deliberately or through negligence

1) violates the prohibition laid down in section 10 on running lotteries on credit;

2) does not comply with the duty to prohibit entry to a casino in cases referred to in section 15(1);

3) violates the age limits laid down in section 16 concerning eligibility to play;

4) violates the prohibition on participation laid down in section 27(3);

5) acts contrary to section 28(2) as a party responsible for practical operation of a nonmoney lottery;

6) performs the draw or mixes the tickets for a non-money lottery in a manner contrary to what is laid down in section 29(1) or does not comply with the notification duty laid down in section 29(2) concerning the result of the draw;

7) violates the provisions concerning the location of slot machines or casino games referred to in section 16(2), non-money prize machines referred to in section 40 and game machines or game equipment referred to in section 56(1); or

8) violates the provisions of section 57 on payment-monitoring devices;

shall be ordered to pay a fine for a lottery violation.

Section 65

Violating confidentiality

The punishment for violating confidentiality laid down in section 55 is imposed in accordance with Chapter 38, section 1 or 2 of the Penal Code unless the deed is punishable under Chapter 40, section 5 of the Penal Code or a more serious punishment is laid down elsewhere in the law.

Section 66

Appeal

Appeals against an administrative decision issued under this Act or a decision concerning approval of a payment-monitoring device referred to in section 57 is lodged by submitting the appeal to an Administrative Court as provided in the

Administrative Judicial Procedure Act (586/1996).

Section 67

Further provisions

The provisions on the following are laid down by Government decree:

1) the information to be marked on tickets for money lotteries and non-money lotteries and the information to be issued in connection with their sale;

2) the content of licence applications and of a notification under section 31 and the content of licence decisions;

3) the procedures and deadlines for running a lottery;

4) for lotteries referred to in section 3(8)-(11), the content of the accounts, the ensuring of access to the accounts, deadlines concerning access to the accounts, and the storage of accounts;

5) the payment-monitoring devices referred to in section 57 above, devices and documents supplied to the inspection body referred to in section 58, exceptions from the type inspection duty and inspection and approval of monitoring devices; and

6) the duty of State Provincial Offices and police departments to supply information for the purposes of monitoring and research on problems caused by running lotteries.

The provisions on the ministries to be responsible for the ministerial tasks laid down in this Act may be given by Government decree.

Chapter 10

Transitional provisions and entry into force

Section 68

Entry into force

This Act enters into force on 1 January 2002.

This Act repeals the Lotteries Act (491/1965) of 1 September 1965, as amended, and the Act on Regulating Financial Activity Practised for Non-profit and Charitable

Purposes (1034/1943) of 17 December 1943.

Measures necessary for the implementation of this Act may be undertaken before the

Act’s entry into force.

Section 69

Transition rule

Appropriations left undistributed in accordance with a decision of the Government taken before the entry into force of this Act under section 3 of the Decree on the Use of the Surplus from Money Lotteries and Pools (725/1982), section 29(3) of the

Decree on Slot Machines (676/1967) and section 11(2) of the Decree on Totalisator

Betting (236/1995) shall be distributed within five years of the decision being made.

Slot machines and non-money prize machines, and game machines and game equipment referred to in section 56 available for public use on the entry into force of this Act shall be equipped with a payment-monitoring device in the manner laid down in this Act no later than one year from the entry into force of this Act.

Licences issued prior to the entry into force of this Act for running non-money lotteries and bingo, and keeping game machines and game equipment referred to in

section 56 available for use, will remain valid with their conditions until the termination of their validity periods.

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