The Court of Cassation rejected the appeal of a manager of gaming machines who was sanctioned as the owner of machines installed in a commercial establishment in the Municipality of Palestro, PV, in violation of the minimum distance of 500 meters from the places sensitive.
The judgment originates from the opposition proposed by the operator against the injunction order with which the Intermunicipal Local Police Service Lomellina West - Municipality Palestro accused him, as jointly and severally liable with the operator, of the violation of article 5, paragraph 1 ter of LR 21.10.2013 n.8 for the installation of gambling machines in the premises in violation of the distances established by the Regional Council resolution of 24.1.2014.
In the cross-examination with the Municipality of Palestro, the opposition was rejected by the Justice of the Peace and the decision was confirmed by the Court.
For the Court of Cassation, what was established by the Court of Appeal is confirmed, namely that in 2016 a new contract was stipulated between the concessionaire and the operator which included not only the authorization for the telematic connection but also the installation and making available of the devices for their use on the operator's premises.
This contract was not only between the manager and the operator but replaced the previous contract of 2012, integrating the case provided for by art., paragraph 1 ter, letter b) of Regional Law no. 8 of 2013.
