New rules for gambling in localities: City Halls and Local Councils decide if they allow them and what annual local fee will ask – document

The town halls will be able to approve or prohibit the gambling in the localities they manage, according to the priorities of local development, urban planning, protection of public order and community health, according to a draft law released on Thursday by the Ministry of Development. The project is part of the second package of fiscal measures to reduce the budget deficit.

• The draft law on public administration reform can be consulted here.

The draft normative act brings a major change in the regulation of gambling in Romania, transferring a significant part of the decision -making power from central level to local authorities.

Currently, the license for organizing and the authorization to operate the gambling allow an authorized operator to carry out its activity throughout the territory of Romania, without other local approvals, approvals or taxes. The authority of the local public administration is only notified before the activity begins, having no decision -making or regulatory attributions regarding the location or limitation of the activity within its territorial radius.

Gambling operators, obliged to have an opinion from the mayors

The draft law proposes to offer the mayors and local councils the necessary tools to manage the social and urban impact of gambling rooms.

The gambling operators will be obliged to hold a local operating authorization from the local public administration authority within which they operate, according to a change in the Government Emergency Ordinance no. 77/2009 regarding the organization and exploitation of gambling.

Delimited areas and local annual fee

The express possibility of delimiting the areas in which these activities can be carried out is also introduced.

“The proposed space is authorized by the authority of the local public administration, based on the policy established by the Local Council, and registered at the Trade Register Office by the Organizer in question according to the legal provisions in force for carrying out the commercial activities within the buildings and fulfills the requirements provided in the norms of application of this Ordinance”

In addition, the mayors will have the right to impose a distinct local tax, which reflects the indirect costs generated by the presence of this type of economic activity – including those related to social assistance, public order and community services.

The local annual tax will be established by the Local Council.

“This phenomenon is correlated with the appearance of pathological dependencies”

The Ministry of Development emphasizes that “at present the local authorities are reduced to a simple notification role, without any real decision or institutional reaction, although the social and economic impact of gambling is felt directly in the local communities.”

“At the same time, the measure also has a normative value of discouraging the uncontrolled expansion of gambling, especially in small localities, disadvantaged areas or socially vulnerable neighborhoods, where this phenomenon is correlated with the acalities, the appearance of pathological dependencies, decreased quality of life and weakening of the community cohesion. The premises for a real public control over a high social risk, adapted to the context of each community ”, shows in the foundation note.