Bozen. Ladinser: "The findings raised by the State Monopolies have not changed the outcome of the disputes"
Bozen. Anti-slot law: 100 bars are at risk of closure
(Jamma) The Customs and State Monopolies Agency, on the delicate issue of slot machines, has sided for the first time on the side of the bartenders and against the strict regulations on the subject adopted by the Province but also by the Municipality of Bolzano.
This was learned yesterday morning during the hearing before the Regional Administrative Court which involved two public establishments from Bolzano. It essentially emerged that the State, through the Attorney's Office, has decided to join (and therefore to give its support) to the appeal of the club managers. This is the first case but the strategy will presumably be the same for dozens of similar disputes between bartenders and local public bodies in matters of gambling.
The Tar, waiting to enter into the merits of the matter, yesterday limited itself to taking note of the requests of the parties regarding the granting of the extension of the presidential suspension. But yesterday, beyond the (now habitual) verbal skirmishes between the lawyers of the exhibitors and the Municipality, the catalyst of attention was the communication of the State Monopolies, which could have a non-negligible weight on the developments of the dozens of lawsuits filed in matter of slot machines by the bartenders. In fact, the latter consider themselves clearly discriminated against compared to tobacconists, for example. "It's all or none", this is the position of the more than one hundred managers of public places who are largely headed by Confesercenti.
The Customs Agency and the Monopolies underline, «the reserved competence of the State with regard to the exercise of games of skill and prediction competitions», as foreseen by article 1 of the legislative decree 496/1948. While article 2 mentions the fact that «the organization and exercise of the activities are entrusted to the Ministry of Finance which can carry out their management either directly, or through natural or legal persons, who give an adequate guarantee of suitability ». What interests the State is the tax revenue linked to slot machines, which has grown significantly in recent years.
State Monopolies also mention Law 383 of 2001 and raise a profile of alleged unconstitutionality by citing articles 3 and 41 of the Constitution. The latter concerns in particular the freedom of private economic initiative, which is also the basis of the appeals of the Bolzano baristas. In essence, the State claims exclusive jurisdiction in the matter and underlines how the Province of Bolzano was the first to want to regulate the matter with its own law, with particular regard to "machines with cash prizes". To the detriment, in fact, of the State Monopolies. The document also underlines that there is no danger for minors, given that there is already a law that protects them. Therefore – concludes the State Attorney's Office – “possible consequences of a social nature” are not recognized.
