Tombola (Bingo) Regulations, 2000

L.N. 229 of 2000

PUBLIC LOTTO ORDINANCE

(CAP. 70)

Tombola (Bingo) Regulations, 2000

IN EXERCISE of the powers conferred by article11 of the Public

Lotto Ordinance, the Minister of Finance has made the following

regulations:-

Preliminary

(1) The title of these regulations is the Tombola (Bingo)

Regulations, 2000.

(2) In respect of those persons or organisations who are not

classified by the Gaming Board to be nonprofit organisations and who

during the six months preceeding the publication of these regulations

have been permitted to hold tombola sessions of a commercial nature,

the regulations pertaining to commercial tombola held at a premises

designated as a tombola (bingo) hall shall be deemed to come into force

three months after the publication of these regulations in the Gazette.

In these regulations, unless the context otherwise requires:-

"automatic markering" means that numbers are marked on

electronic scorecard faces without the need for interaction by the

participant. The only input required by the automatic marking

functionality is by means of the calling system;

"Director" means the Director of Public Lotto whose office

is constitute.d under the Director of Public Lotto (Constitution of

Office) Act and includes any person authorised in writing by the

Director of Public Lotto to act on his behalf;

"Gaming Board" or "Board" means the Gaming Board

established under article 5 of the Gaming Act;

"inspector" has the same meaning assigned to it in the Gaming

Act;

"nonprofit organisation" means any nonprofit organisation

domiciled in Malta approved as such by the Gaming Board 'and

includes religious societies, band clubs, youth movements, cultural

or literary societies, clubs promoting fine arts, sports clubs and

sports associations, charitable societies, philanthropic societies,

political party clubs and political parties, trades union, police social

club and any other society, institution or private person who

promotes and directs a tombola game and the net proceeds thereof

are intended for a religious purpose approved by the competent

local Ecclesiastical Authorities, or for a charitable purpose, or for

the encouragement of fine arts or any other purpose approved in

writing by the Minister responsible for finance in terms of article

11 (2) of the Ordinance;

"the Ordinance" means the Public Lotto Ordinance;

"permit holder" means the person or company registered in

Malta to whom a permit has been granted by the Director of Public

Lotto for the holding of a tombola session. In respect of nonprofit

organisations the secretary of such an organisation is considered

to be the permit holder for the purpose of these regulations;

"snowball" means an optional prize which is won when a

house or bingo is achieved within a pre-set quantity of drawn

numbers in one tombola game and the accumulative (progressive)

portion of that snowball transferred from the prize fund of a tombola

game does not exceed five per centum (5%) of the value of the

total sales of scoresheets in respect of that same game. A snowball

which is not won or claimed in a tombola game or session has to

be carried forward to the next tombola game or session until the

snowball prize is won;

"tombola" or ''tombola game" means a game of chance also

known as "bingo", in which a right to participate is sold to a player

and prizes are awarded, that is

(a) played by drawing numbers from one (1) to ninety

(90), both numbers inclusive, and the winning combinations

of which are:-

(i) the "line" which is achieved when, during one

game, for the first time all five numbers on one horizontal

row on one scorecard are drawn;

(ii) the "house" or "bingo" which is achieved

when, during one game, for the first time all the fifteen

numbers on one scorecard are drawn; and, or

(iii) the matching on the player's scorecard of a

previously designated arrangement of numbers the

matching of which is declared as prize winners prior to

the start of the tombola game;

(b) played with a scorecard or ticket, scoresheet or an

electronic representation thereof, bearing numbers;

(c) played with the participant covering, marking or

revealing the numbers, as objects similarly numbered are

drawn from a receptacle and orally called; in the case of

electronic representations, the requisite covering, marking or

revealing may be accomplished electronically to match objects

similarly numbered and stored in memory in advance as

winners, or which are generated randomly by an electronic

process;

(d) won by the player who fIrst covers, marks or reveals

a previously designated arrangement of numbers; and

(e) other than those tombola games as authorised by

law and for the purpose of any permit granted in respect of

article 11 of the Ordinance, the term "tombola" does not

include a game which is played via television, telephone,

satellite dish or any other telecommunications transmission

or receiving device on which games are forbidden;

"tombola (bingo) hall" means a premises in respect of

which permission has been granted to a person or company

registered in Malta to hold commercial tombola sessions

therein. Any tombola game or session in respect of which

permission or licence has not been granted to a nonprofit

organisation or under any other law, shall be deemed to be a

commercial tombola game or session. Provided that the

playing of a traditional tombola game in a localitiy by some

neighbours of the same locality, where the right of

participation thereof must not exceed ten cents for each

tombola ticket and for which the total value of prizes in each

game of tombola does not exceed one Maltese Lira, is exempt

from any permission to hold a tombola session under article 11

of the Ordinance;

"tombola (bingo) session" means a pre-established

period of time during which a number of tombola games are

held;

"tombola scorecard or ticket" means the unit of the game

of tombola on which fIfteen different numbers are printed

and by which a player participates in a tombola game. These

fifteen numbers are distributed on three horizontal rows with

five numbers on each row and on nine vertical columns, each

column comprising numbers of the same group of ten. On

each vertical column there may be one, two or three numbers,

and there cannot be any column without any number;

"tombola scoresheet or tombola sheet" means a

combination of six scorecards on which all the ninety numbers

participating in a tombola game are printed;

"tombola supervisor" means the person or alternate

person who is designated by the permit holder to supervise

all activities, and be responsible for the conduct of all games

of a particular session of a tombola game. A tombola

supervisor shall be designated for every session of tombola

held by a permit holder and must be familiar with the relative

provisions of the Ordinance and of these regulations.

Tombola Operations

In granting a permission for the holding of tombola sessions, Oassificalion ~f

the Director shall act on the advice of the Gaming Board and the Board tombola operations.

shall classify the applications into:-

(a)

application by a nonprofit organisation; and

(b) application by a company registered in Malta to hold

tombola sessions of a commercial nature in a tombola (bingo) hall.

Gaming Board.

(1) It shall be the duty of the Gaming Board to regulate, Powers of the

control and supervise the operations of tombola sessions organised by Gaming Board.

a permit holder whether an operation is organised by a nonprofit

organisation or for a commercial purpose in a tombola (bingo) hall.

(2) For the purpose of carrying out its duties under these

regulations, the Board may at any time serve a permit holder a notice

requiring him, in such manner and within such reasonable time as may

be specified in the notice, to produce for inspection by or on behalf of

the Board, such books, documents or any other records, relating to the

operations of the tombola gaming, as specified in the notice, and which

the Board may reasonably require to carry out its duties. Apermit holder

or person to whom such notice is served shall comply with any such

Permission to hold tombola sessions

(1)

An application by a nonprofit organisation for pennission

to hold tombola gaming shall include information regarding the place

where, the date and the time during which, tombola gaming is to be

held by the nonprofit organisation.

(2) Nonprofit organisations granted permission for the

holding of a tombola session shall pay the fifteen Maltese Lira (Lm 15)

duty leviable to the Director, who shall at the end of each financial year

refund to the respective organisation any duty collected in respect of

exempted special instances in accordance with the provision at article

11 (2) of the Ordinance.

(3) The granting of a pennission to a nonprofit organisation

shall be subject to the following conditions and any other condition

which the Director, after consultation with the Gaming Board, may from

time to time deem expedient:-

(a) the price for each scoresheet of six scorecards used in a

tombola game held by a nonprofit organisation shall not exceed

thirty (30) cents for each tombola scoresheet;

(b) not less than sixty per centum (60%) of the amount

collected in sales of scoresheets in respect of each tombola game

is distributed in prizes in respect of that same game provided that

the total value of prize money in respect of each tombola game or

a number of tombola games as the case may be, may be reduced to

fifty-five per centum (55%) and the other five per centum (5%) is

allocated to the snowball;

(c) a statement showing the number of scoresheets sold, the

denomination of each sheet, the amount of money collected in

sales in respect of each tombola game held in a session and the

method of distribution of the amount due as prizes is kept by the

pennit holder or tombola supervisor for inspection by the Gaming

Board inspector and, or any other person authorised and, or

designated for this purpose by the Board;

(d) the tombola session, which cannot exceed the period of

six hours, is held within the official premises of the nonprofit

organisation permitted to hold the tombola session or if so

authorised at any other place authorised by the Gaming Board;

and

(e) nonprofit organisations permitted to hold tombola

sessions may not hold such tombola sessio~s in tombola (bingo)

halls in respect of which permission has been granted to hold

commercial tombola gaming.

Commercial tombola shall be held at a premises designated Commercial

as a tombola (bingo) hall and wherein sessions of tombola games may tombala.

be held. The duration of a tombola session in a tombola (bingo) hall is

not to exceed six hours, however, more than one session may be held in

each day provided that a break of half an hour is held between one

session and another. The minimum price to be charged for each

scoresheet of six scorecards shall be not less than thirty (30) cents. The

permit holder is to inform the Board of the price structure of the tickets

or any variation thereto at least three clear days prior to the date on

which the proposed price structure or variation is to be adopted.

(1) An application made to the Director, through the Gaming Plan and use of

Board, of premises for permission to hold commercial tombola sessions premises.

at a tombola (bingo) hall shall be made by a company registered in

Malta and shall be accompanied by: -

(a)

a certificate of registration of the company in Malta;

(b) a copy of the memorandum and articles of association

of the company applying for permission to hold commercial

tombola operations in a tombola (bingo) hall;

(c) a plan of the premises in respect of which the application

is made;

(d) evidence that any authorisation, consent or permission

required under any law in respect of the structure, or use of any

premises, which are the subject of such application, has been

granted or that, in the particular circumstances of the case, no such

authorisation, consent or permission is necessary; and

(e) the rules and regulations regarding the procedures for

playing the game, the winning combinations, the elements of the

game, the printing, procurement, distribution, use and sale of the

scoresheets, the apparatus.for the drawing of the numbered balls,

the characteristics and the use of the numbered balls, the selling

payment, the rules how the game is played, reimbursements, the

registers where records ofthe games played are kept and any other

measure which is necessary for the regular playing of the tombola

game.

A premises in respect of which a pennission has been

(2)

granted for the holding of commercial tombola (bingo) sessions may be

used for the conduct ofother authorised operations provided that the Gaming

Board's approval of such other operations is obtained beforehand.

(1) In respect ofeach tombola (bingo) hall, wherein connnercial

tombola sessions are permitted to be held, an annual duty ofthree thousand

Maltese Liri (Lm 3,000) covering a twelve month period is leviable in

addition to a gaming duty of twenty per centum (20%) on the value of the

gross turnover (i.e. value of sale of tombola scoresheets without the

deduction of any expenses of any kind whatsoever). A pennission to hold

commercial tombola sessions at a particular tombola hall is renewable

each year on the payment of the annual duty

Provided that a seasonal pennission covering a continuous six

month period may be granted and the duty leviable thereon shall be

one thousand seven hundred Maltese Liri (Lml,700) in addition to the

gaming duty of twenty per centum (20%) on the value of the gross

turnover. Such pennissions will be renewable on the payment of the

duty applicable to seasonal pennissions.

(2) The gaming duty of twenty per centum (20%) on

turnover shall be paid to the Secretary of the Gaming Board, who shall

collect such duty on behalf of the Director. Such gaming duty shall be

paid by the permit holder in respect of each month by not later than the

seventh day of the next following month.

(1) In respect of each tombola game not less than sixty per

centum (60%) of the value of the gross turnover of each tombola game

is to be allotted to prizes in respect of that same tombola game

Provided that the total value of prize money in respect of

each tombola game or a number of tombola games as the case may be,

may be reduceq to fifty-five per centum (55%) and the other five per

centum (5%) is allocated to the snowball.

(2) A statement showing the number of tickets sold, the

denomination of each scoresheet, the amount of money collected in

sales, the prizes distributed and the duty due to Government in respect

of each tombola game is to be kept during the holding of each tombola

session for inspection by the Gaming Board inspector and, or any other

person authorised and, or designated for such purpose by the Gaming

Board.

(1) A person granted a permission to hold commercial

tombola sessions at a particular tombola (bingo) hall shall:-

(a) ensure that a tombola gaming centralised control system

is in use at the premises and that all tombola gaming is effected

under the system;

.

(b) not change an approved centralised control system

without the prior consent of the Board;

(c) make a submission in writing, prepared at his own cost

and by or with the approval of his auditors (hereinafter referred to

as a "control system submission") to the Board for approval of the

control system:-

(i) before the start of operations after the grant of the

permission; and

(ii) before effecting any change to an existing approved

centralised control system.

(2) A control system submission shall describe and, without

prejudice to the generality of the foregoing, shall include information

about the following items to be used in the operation and conduct of

tombola gaming at a tombola (bingo) hall:-

(a) accounting systems and regulations regarding procedures

including the recording of sales in value and quantity of scoresheets

or scorecards sold in respect of each game of tombola;

(b) the administrative system and procedure to be adopted

prior, during and at the end of each tombola game and session;

(c)

the computer software to be used;

(d)

standard forms and terms;

(e) method of distribution of prizes and verification

procedure relating to the payment of the whole value in prizes

established by these regulations; and

(t) calculation of duty due in respect of each tombola game

and session.

(3) The Board shall consider the control system submission

and either approve or refuse the proposed control system or the proposed

change thereto.

(4) In considering the control system submission, the Board

may require the pennit holder and, or his auditors who had prepared

and, or approved the control system:-

(a) to provide the Board with further information about the

submission, that is necessary and reasonable, to assist the Board

to make a decision about the submission; and

(b) to allow the Board, acting through its inspectors or

agents, to submit the proposed control system, or the approved

control system as proposed to be changed, to tests.

(5) In considering whether to give an approval, the Board

shall have regard to:-

(a) whether the control system submission satisfies the

requirements of these regulations; and

(b) whether the proposed control system, or approved

control system as proposed to be changed, is capable of providing

satisfactory and effective control over the management and conduct

of the tombola games pennitted to be held.

(6) The Board may refuse to give an approval if the pennit

holder fails to comply with a requirement under any subregulation of

this regulation.

(7) If the Board decides to withhold its approval, a notice

in writing stating the reasons for the decision shall be served on the

pennit holder within thirty days and, if the Board is of the opinion that

the control system submission can easily be rectified to enable it to

give an approval, the notice must also:-

explain how the submission may be changed; and

(a)

invite the pennit holder to resubmit the submission after

(b)

making the appropriate changes.

Control and measures

(1) The permit holder permitted to hold commercial

tombola sessions in a tombola (bingo) hall shall cause to be kept, in

respect to the transactions and affairs relating to -the operation of the

tombola gaming, proper accounts and records which show a true and

fair view of the financial operations and affairs conducted by the pennit

holder in relation to tt.e operation of the tombola gaming. These accounts

and records are to be stored in a fireproof safe or cabinet for a period of

at least three years.

(2) The permit holder shall within seven days from the end

of each month refer to the Secretary of the Gaming Board, together

with the twenty per centum (20%) gaming duty leviable on the gross

turnover, an accounting statement of all tombola gaming transactions

in respect of the previous month including the number of tickets sold

by denomination, the number of sessions held, the number of games in

each session, the prizes paid in respect of each game, and showing the

amount of duty due in respect of that month's tombola gaming

operations. The Gaming Board may, if it deems necessary, also request

a trading statement, which statement must be produced by the permit

holder to the Board within seven working days of the request.

(3) As soon as practicable but not later than ninety (90) days

after the end of each financial year, the permit holder shall lodge with

the Secretary ofthe Board a full set of fmancial statements ofthe tombola

gaming operations made in accordance with international accounting

standards and audited in accordance with international standards on

auditing and which comply with the provisions of the Companies Act. Cap. 386.

(1) An inspector and, or any other person authorised and, Powers of

inspectors.

or designated for this purpose by the Gaming Board, may at any time

upon production of his identity card or relative authorisation enter and

remain in a premises where tombola gaming is being held for the purpose

of :-

(a)

observing the operations of the tombola gaming;

ascertaining whether the operations of the tombola

(b)

gaming are being properly conducted and managed;

(c)

ascertaining whether the conditions imposed in the

permission issued by the Director are being complied with; and

(d)

in any other respect, exercising his powers or

performing his duties.

(2)

An inspector and, or any other person so authorised

and, or designated by the Gaming Board may for the purpose of

ascertaining that the conditions imposed by the Director in the permission

are being complied with and that the full amount of tax under the

permission is being paid:-

(a) require, in writing or orally, a permit holder, a person

acting on his behalf or the tombola supervisor:-

(i) to produce to the inspector and, or any other person

so authorised and, or designated by the Gaming Board, for

inspection such book, document or record in his custody or

control relating to the operation of the tombola gaming as the

inspector and, or any person so authorised and, or designated

by the Gaming Board specifies; or

(ii) to attend before the inspector at a reasonable

time and place specified by the inspector and there to

answer such questions, to supply such information, or

to produce such book, document or record, relating to

the operation of the tombola gaming as the inspector

specifies;

(b) inspect or test any equipment, including software, or

inspect such book, document or record, and take copies of, or make

notes in relation to such book, document or record, relating to the

operation of the tombola gaming as the inspector considers

necessary;

(c) direct the permit holder, the tombola supervisor or the

person in charge of the tombola gaming not to use any equipment,

including software material, that the inspector considers

unsatisfactory for use; and

(d)

call to the inspector's assistance:-

(i)

another inspector; or

(ii) a permit holder's employee who, in the belief of

the inspector, is competent to assist the inspector in the

exercise of his powers or performance of his duties.

(3) No person employed by a permit holder shall, without

reasonable excuse, hinder or fail to assist an inspector and, or any other

person so authorised and, or designated by the Gaming Board in the

discharge of his duties.

(4) Inspectors may, in carrying out their functions under

these regulations, be assisted by or accompanied with such experts as

the Secretary of the Board may direct.

(5) An inspector and, or any other person so authorised and,

or designated under these regulations shall make a report on the exercise

of his functions under these regulations to the Secretary of the Board.

It shall be the duty of the Board to advise the Director to Restri~on.

restnct, suspen d or WI 'thdr aw a penrusslOn

.

. . grante d un d

'

suspensIOn or

11 of withdrawal

er artIcle

the Ordinance if it considers that a permit holder granted permission to pennission.

hold tombala sessions:-

(a) has acted in breach of any condition imposed in the

permission or of any provision of these regulations; or

(b) ceased operations for a continuous period of one month

without the written authority of the Board; or .

(c) if, upon giving sufficient reason, the Board deems it

necessary in the national interest to suspend or withdraw the

permission.

A permission to hold tombola games, whether such Permissionrendered

permission is granted to a nonprofit organisation or to a company for null and void.

commercial purposes, shall be considered null and void if:-

(a) the permit holder assigns or transfers the permission to

another person or body corporate, without the prior approval of

the Gaming Board;

(b) the transfer of the controlling interests of a company

granted permission to hold tombala sessions in a tombala (bingo)

hall are effected prior to the approval by the Gaming Board of

such transfer of controlling interests.

(1) The permit holder of a tombala (bingo) hall shall submit Operating hours.

to the Gaming Board prior to the commencement of tombala operations,

a declaration of the date of commencement of operations together with

the operating times applicable in respect of each day of the week. Any

variation to the operating times of the tombola (bingo) hall is to be

communicated to the Gaming Board at least three clear working days

prior to the day or days in respect of which a variation in operating

times is to be requested.

(2) Nonprofit organisations shall inform the Board, in the

application for a permission to hold a tombola session, of the date and

operating times of the tombola session applied for.

A person shall not be" allowed to participate in a tombala ExclusionofceItain

game held in a tombola (bingo) hall if _

persons.

(a)

that person is under the age of eighteen (18) years; and

(b) the premises of the tombala (bingo) hall forms part of a

casino complex, where casino gaming is allowed to be operated in

terms of the Casino Licence, and in which tombala (bingo) hall

such casino gaming is allowed to take place, the applicable age

limit and prohibitions shall be those laid laid down in article 26 of

the Gaming Act.

(l) Upon the grant of a permission to hold commercial

tombola sessions at a tambala (bingo) hall, and prior to the

commencement of operations, the permit holder shall take out a bank

guarantee, issued by a bank or by a credit or fmancial institution licensed

in Malta, in favour of the Secretary of the Gaming Board on behalf of

the Director and the Government of Malta. Such bank guarantee shall

be to the amount of ten thousand Maltese Lira (Lm 10,(00). It shall

become payable to the Secretary of the Gaming Board on his fIrst

demand and it shall not be incumbent upon the relative bank, credit or

fInancial institution on which the bank guarantee is drawn to verify

whether such demand is justifIed. The bank guarantee is to expire on

the fIrst anniversary of the expiration of the validity of the permission

to hold tombola sessions in a tombola (bingo) hall or when the Gaming

Board considers that such bank guarantee is no longer required.

(2) The permit holder may forfeit such bank guarantee in

favour of the Secretary in any of the following cases:-

(a) upon withdrawal of the permission by the Director under

regulation 13 of these regulations; and

in settlement of any liability of the permit holder with

(b)

respect to the duty leviable on the tombola gaming operations held

by him.

The grant of a permission to hold tombola sessions does not

exonerate the permit holder from obtaining any other permit or licence

which may be required under any other law or regulation.