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(Jamma) The provision for the suspension of the concession to the Bingo hall which has installed skill games inside it for which the Monopoly administration has denied authorization is legitimate.
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
The Regional Administrative Court for Tuscany
(Second Section)
pronounced the present
JUDGMENT
on the appeal number of the general register 2163 of 2010, proposed by:
XXXXXX., represented and defended by the lawyers Marco Ripamonti, Gaetano Lepore, Giulio Marinelli, with address for service at the lawyer Giulio Marinelli in Florence, via Bolognese 55;
against
Ministry of Economy and Finance Regional State Monopolies Office of Tuscany and Umbria; Aams – Autonomous Administration of State Monopolies, represented and defended by law by the District Attorney of Florence, domiciled in Florence, via degli Arazzieri 4;
for cancellation
of the note 42791 of 13 October 2010 of the Regional Monopoly Office of the State of Tuscany and Umbria, with which the suspension of the concession relating to the Bingo Stella hall was ordered with consequent closure of the hall from 7 to 9 January 2011;
Given the appeal and its annexes;
Given the deeds of appearance in court of Aams - Autonomous Administration of State Monopolies and the Ministry of Economy and Finance;
Given the defensive memories;
Having seen all the acts of the case;
Speaker at the public hearing of 18 April 2013 was Dr. Ugo De Carlo and having heard the defendants on behalf of the parties as specified in the report;
Considered and considered in fact and law as follows.
FACT and LAW
The appellant company challenged the deed with which the suspension of the concession relating to the Bingo XXXXX hall had been ordered, with consequent closure of the hall from 7 to 9 January 2011.
On 19 May 2010, an audit was carried out by the AAMS - Regional Office of Tuscany and Umbria - at the bingo hall managed by the appellant company which ended with the drafting of a report stating that "As far as it has been possible to ascertain, verify and ascertain, it has been found that the management of the room is carried out regularly and in compliance with current legislation".
Verification of the presence of the workstations skill games it had not prevented the person taking the minutes from conceding for the regularity of the management of the bingo hall in question while this particular detail was subsequently contested; in a defense brief, the company represented that the skill games stations were reported to the Prato Police Headquarters and were installed exclusively inside the slot rooms and had been authorized by AAMS with concession 4206.
The sole ground of appeal disputes that the provision indicated in the epigraph is clearly flawed due to manifest illogicality and contradictory nature since the verification report, by virtue of which the contested sanction was imposed, while noting the presence of the skill games stations, has concluded for the absolute regularity of running the bingo hall managed by the appellant company.
The directorial decree of November 16, 2000 and subsequent amendments and additions, containing provisions on the modalities of execution of the Bingo game, does not place any prohibition on the installation of the stations skill games, which in the present case was carried out only and exclusively in the room dedicated to the installation of the devices called slots.
The decree of the Ministry of Economy and Finance of 5 February 2010, containing provisions on the regulation of games of skill (so-called skill games) does not impose any ban on the installation of the same in the bingo halls, albeit in an independent environment.
In addition, the decree of the Ministry of Economy and Finance of 18 January 2007 in article 3 paragraph 2 provides for the possibility of installing entertainment machines in bingo halls as long as they are located in rooms separate from those where the game takes place. the bingo game; in other words the ratio of the legislation in question is to prevent the mixing of the bingo game with other types of games within the same hall.
Furthermore, in the present case there is a clear violation of the principle of proportionality.
The Ministry of Economy and Finance was constituted and asked for the rejection of the appeal.
At the closed session of 4.1.2011 the precautionary request was rejected for lack of periculum.
The appeal is unfounded.
An examination of the documentation in the documents shows that the alleged regularity resulting from the outcome of the administration control refers exclusively to the management of the Bingo hall and does not also involve the problem of the equipment that allows remote gaming.
In fact, the appellant company hastened to ask immediately after the inspection for authorization to install the skill games.
Concession 4206 had been issued to another subject and AAMS circular 1325 concluded as follows: "To date, therefore, in the context of public games, the only lawful hypothesis for the activation of totems is that provided for by art. 11-quinquiesdecies of the decree law 30 September 2005, n. 203, converted with amendments by law 2 December 2005, n. 248, and that is the possibility that the concessionaires for the exercise at a fixed quota, provided they are authorized by AAMS, activate equipment installed in premises other than the authorized office, to allow the player to carry out telematic bets towards all the concessionaires authorized to operate of such bets".
In fact, the request for authorization presented immediately after the inspection was denied with a provision that has now become incontrovertible.
The sanction was therefore correctly imposed and the appeal must be rejected.
Expenses follow the unsuccessful outcome and are liquidated as in dispositive.
PQM
The Regional Administrative Tribunal for Tuscany Second Section, definitively ruling on the appeal, as proposed in the epigraph, rejects it.
Orders the appellant company to reimburse the costs of the present proceedings which it settles in € 2.000.
It orders that the present judgment be enforced by the administrative authority.
Thus decided in Florence in the council chamber on 18 April 2013 with the intervention of the magistrates:
Angela Radesi, President
Luigi Viola, Councilor
Ugo De Carlo, First Referendary, Draftsman
| PRESIDENT | ||
DEPOSITED IN THE SECRETARIAT
30/05/2013
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
