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In order to know details of the sector, the congressmen listened to the Superintendent of Gaming Casinos (SCJ), Vivién Villagrán; the representative of the Chilean Association of Gaming Casinos, Ricardo Abdala; the general manager of Enjoy, Rodrigo Larraín; the general manager of Luckia Arica, Petter Muffeler; the president of Casino Marina del Sol, Nicolás Imschenetzky; and the general manager of Casino Puerta Norte, Claudio Vera.
The Chilean Association of Gaming Casinos recognized that the crisis after the social outbreak and now the pandemic have seriously affected the industry, however they assured that “the worst is related to the uncertainty that exists regarding the renewal of the concessions”.
Likewise, and together with the general license, it is required to obtain the singular license corresponding to the type of game that the gaming operator intends to organize, commercialize or exploit. Therefore:
General licenses: they enable their holder to exercise the gaming modalities of betting, contests and other games. The granting of such licenses is carried out by the DGOJ after the appropriate call for an administrative procedure guided by the principles of publicity, concurrence, equality, transparency, objectivity and non-discrimination, as set forth in the bidding rules that will govern the call and which will be published in the “Official Gazette of the State”. Likewise, the procedure may also be opened at the request of the interested party (interested parties may request the opening of a new procedure for the granting of general licenses for the operation and commercialization of certain games, after at least 18 months have elapsed from the date of the previous call in relation to the same type of game). In this case, the DGOJ has a term of 6 months to initiate such procedure, unless it is deemed, based on reasons of general interest, not to proceed with the call for the same.
Thus, on the one hand, there are the activities of advertising, sponsorship and promotion of gambling activities, in relation to which the aforementioned article 7 establishes that they may be carried out when they have the appropriate authorization contained in the corresponding enabling title and, on the other hand, refers to a regulatory development for the determination of the conditions under which the advertising activity may be carried out.
On the other hand, responsible gambling and consumer protection policies, contemplated in article 8 of Law 13/2011, of May 27, on the regulation of gambling, refer to transversal actions of different types -preventive, awareness-raising, intervention and control-, which benefit both gamblers in general and those with gambling problems. They are aimed at achieving good gambling practices, promoting moderate and non-compulsive gambling attitudes, preventing the possible effects of inappropriate practices and protecting minors and other at-risk groups. Furthermore, within the framework of corporate social responsibility, responsible gambling policies also require the active involvement of gambling operators, which must establish basic rules in this area and draw up a plan of measures to mitigate the possible harmful effects of gambling.
The aforementioned purposes, as well as the need to provide the gaming sector with an adequate regulation, have been reflected in different parliamentary initiatives and in mandates to the Government such as the one established, at national level, in the twentieth additional provision of Law 56/2007, of December 28, 2007, on Measures to Promote the Information Society and, at Community level, in the Resolution of the European Parliament of March 10, 2009 on the integrity of online games of chance.
In short, with the utmost respect for the competence framework defined by the Constitution and the Statutes of Autonomy, it is absolutely necessary to provide a new legal framework for the activities of exploitation and management of state games and, particularly, for those games which are played through electronic, computerized, telematic and interactive means and in which face-to-face means are of an accessory nature.
In compliance and development of the mandate foreseen in the aforementioned twentieth additional provision of Law 56/2007, of December 28, 2007, on Measures for the Promotion of the Information Society and for the purpose of controlling gaming activities at state level, especially if they are carried out through electronic, computer, telematic and interactive means, it has been necessary to establish a system of planning and access to the development of the activity, to determine the state competences in matters of regulation and control, and to define a system of infringements and sanctions that guarantees the effectiveness of the regulatory framework.