Poker Tournament (Locations) Regulations, 2016

L.N. 380 of 2016

GAMING ACT

(CAP. 400)

Poker Tournament (Locations) Regulations, 2016

IN EXERCISE of the powers conferred by article 50 of the

Gaming Act, the Minister responsible for the Malta Gaming

Authority, after consultation with the Malta Gaming Authority, has

made the following regulations:-

The title of these regulations is the Poker Tournament Citation.

(Locations) Regulations, 2016.

[Regulations 4 and 11(3)]

Regulation

Description

Fee

Regulation 4(a)

Application fee

€300

Regulation 4(b)

Daily inspection fee

€700 daily

Regulation 11(3)(e)

Poker tournament dealer licence €115

application/renewal fee

€1.08

(1)

In these regulations unless the context otherwise Interpretation.

requires -

"Act" means the Gaming Act;

"adjacent" means next to or adjoining with the casino or part of

the same complex;

"Authority" means the Malta Gaming Authority established

under article 9 of the Lotteries and Other Games Act;

"casino licensee" means an entity vested with a casino licence

granted under article 15 of the Act;

"extended area" means any area adjacent to the casino required

for use as a gaming area as defined in article 22(2) of the Act and

regulation 20 of the Gaming Act Regulations for the purposes of the S.L. 400.01.

operation of the poker tournament;

"Minister" means the Minister responsible for the Authority;

"poker" or "poker game" means a game as defined under the

Gaming Act and the Lotteries and Other Games Act, being any Cap. 400.

variant of poker whereby a winner or winners is or are determined by

the combination, value and rank of the cards held by the participants

and which is played for money or money’s worth between players and

not against the house;

"poker tournament chips" means any tokens used or capable of

being used within a casino or the extended area in the conduct of a

poker tournament representing any value but which cannot be

exchanged for money and which are approved for this purpose by the

Authority;

"poker tournament" means an event organised by the casino

licensee consisting of one or more series of poker games played

between participating players and whereby a winner or winners is or

are determined according to pre-defined rules and prize or prizes are

awarded to the winner or winners;

"poker tournament dealer licence" means a licence issued in

terms of regulation 8 of the Gaming Act Regulations and shall be the

equivalent to a casino employee’s licence issued in terms of the

Gaming Act Regulations, but subject to the limitations stipulated in

regulation 11 of these regulations and for the avoidance of doubt,

shall include any person working in relation to the poker tournament

within the premises and the extended area; and

"rules" means all the rules relating to the poker game and the

poker tournament as notified to the Authority in terms of regulation

5(1)(f).

(2) Unless the context otherwise requires, terms used in these

regulations and which are not defined herein shall have the meaning

assigned to them in the Act and in the Lotteries and Other Games Act.

(3) In these regulations, if there is any conflict between the

English and Maltese texts, the English text shall prevail.

(1)

The Authority may approve the temporary use of a

pre-defined extended area for the purposes of a poker tournament,

upon an application being made by a casino licensee.

(2) The application shall be made on such forms designated by

the Authority from time to time.

(3) The application shall be submitted at a reasonable time in

advance which shall not be less than thirty (30) days before the

commencement of the poker tournament.

(4) The Authority may, in its sole discretion, cancel or suspend

with immediate effect any approval granted in terms of these

regulations if

(a)

the approval was obtained by a materially false or

misleading representation, or in some other improper manner;

(b)

the casino licensee or any other entity affiliated

with the organisation of the poker tournament is in breach of the

Act or any other law;

(c)

the casino licensee has failed to fulfil any

requirement of these regulations or any other applicable law or

directives issued by the Authority, any licence condition or any

condition of the approval;

(d)

the Authority has determined that there is material

and sufficient reason for the cancellation or suspension; and

(e)

the Authority reasonably deems it necessary in the

national interest.

Together with the submission of an application form as Fees.

referred to in regulation 3, the casino licensee shall pay to the

Authority the following fees, as set out in the Schedule

(a)

a non-refundable application fee; and

(b)

a daily inspection fee for each day during which the

poker tournament will be run in the approved extended area by

the casino licensee

Provided that the Authority shall not process any

application under these regulations unless the relevant fees are paid to

the Authority together with the submission of the application

Provided further that the Authority may, when objectively

reasonable, require the casino licensee to pay the actual costs and any

other expenses incurred in conducting any analyses, inspections and

investigations relating to the application referred to in these

The application form referred to in regulation 3 Contents of the

may, as determined by the Authority, request, inter alia, the following application

form.

(a)

the name of the tournament;

(b)

the location of the extended area, including

distance from the casino;

(c)

the dates in which the extended area is proposed to

be used as a gaming area;

(d)

detailed plans and diagrams of the extended area,

including all entrances, exits and registration areas;

(e)

details of any entity supplying a critical service

relating to the poker tournament, or on behalf of whom the

tournament is being operated, and certified true copies of any

contracts with any such entity supplying such a service;

(f)

the maximum number of participants, the

registration fee, the estimated prize pool and rules of the game,

the security and vigilance and control of access arrangements in

place and the maximum number of additional tables used in the

casino for the duration of the poker tournament; and

(g)

the list of persons permitted to work in the casino

or in the approved extended area during the poker tournament,

together with their role, and a reference to any licence held by

that person authorising such person to perform such work

Provided that any changes to any information or

documentation provided to the Authority in terms of these regulations

shall be notified to the Authority forthwith and in writing by the

casino licensee and the validity of any previous approval given by the

Authority shall rest on the Authority’s approval of said changes

Provided further that if any of the changes referred to in

the preceding proviso are not notified and, or approved by the

Authority, the approval granted in terms of regulation 3 may be

rendered invalid

Provided further that where any casino licensee has sought

the approval of the Authority for any changes referred to in the

preceding provisos, the Authority shall inform the casino licensee of

its decision within a reasonable time, and the approval shall not be

unreasonably withheld by the Authority.

(2) The casino licensee shall be required to notify the

Authority forthwith and in writing of the cancellation of the poker

tournament, and the casino licensee shall not be entitled to a refund of

the application fee or any other payment referred to in regulation 4,

and any approval given shall be terminated by the Authority.

(3) The casino licensee shall ensure that an entity supplying a

critical service relating to the poker tournament, or on behalf of

whom the tournament is being operated, shall be fit and proper and

the casino licensee shall furnish such details to the Authority

Provided that the Authority may issue fit and proper

guidelines with which the casino licensee shall comply.

(4) The Authority may request any other information as it may

deem necessary.

(1)

Il-formola ta’ applikazzjoni msemmija fir- Kontenut tal-

regolament 3 tista’, kif stabbilit mill-Awtorità, titlob, fost oħrajn, l- formola

applikazzjoni.

informazzjoni li ġejja

(a)

l-isem tat-turnew;

(b)

il-lokazzjoni taż-żona estiża, inkluż id-distanza

mill-każinò;

(ċ)

id-dati ta’ meta huwa propost li ż-żona estiża

tintuża bħala żona għal-logħob;

(d)

pjanijiet dettaljati u dijagrammi taż-żona estiża,

inkluż id-dħul, il-ħruġ u żoni ta’ reġistrazzjoni kollha;

(e)

dettalji ta’ kull entità li tissupplixxi servizz kritiku

relatat mat-turnew tal-poker, jew f’isem min it-turnew qed jiġi

operat, u vera kopji ċċertifikati ta’ kwalunkwe kuntratti ma kull

entità li tissupplixxi l-istess servizz;

(f)

in-numru massimu ta’ parteċipanti, il-miżata tar-

reġistrazzjoni, il-premji u r-regoli tal-logħba, is-sigurtà, il-

viġilanza u l-arranġamenti fis-seħħ rigward il-kontroll ta’ aċċess

u n-numru massimu tal-imwejjed addizzjonali użati fil-każinò

għall-perjodu tat-turnew tal-poker; u

(g)

il-lista ta’ persuni li jistgħu jaħdmu ġewwa l-

każinò jew ġewwa ż-żona estiża approvata għat-turnew tal-

poker, flimkien mal-irwoli tagħhom, u referenza għal

kwalunkwe liċenza miżmuma minn dik il-persuna li tawtorizza

l-istess persuna sabiex tagħmel dak ix-xogħol

Iżda

kwalunkwe

tibdil

fl-informazzjoni

jew

dokumentazzjoni pprovdut lill-Awtorità taħt dawn ir-regolamenti

għandu jkun innotifikat minnufih lill-Awtorità u bil-kitba mid-

detentur tal-liċenza tal-każinò u l-validità ta’ kull approvazzjoni li

tkun ħarġet qabel mill-Awtorità għandha tistrieħ fuq l-approvazzjoni

tal-Awtorità rigward l-istess tibdiliet

Iżda wkoll fil-każ illi kwalunkwe tibdiliet msemmija fil-

proviso preċedenti ma jiġux notifikati jew approvati mill-Awtorità, l-

approvazzjoni mogħtija taħt ir-regolament 3 tista’ ssir invalida

Iżda wkoll fejn kwalunkwe detentur tal-liċenza ta’ każinò

fittex l-approvazzjoni tal-Awtorità rigward kwalunkwe tibdil

imsemmi fil-provisos preċedenti, l-Awtorità għandha tgħarraf bid-

deċiżjoni tagħha lid-detentur tal-liċenza ta’ każinò fi żmien

raġonevoli, u l-approvazzjoni m’għandiex tiġi irraġonevolment

miżmuma mill-Awtorità.

(2) Id-detentur tal-liċenza ta’ każinò għandu jinnotifika

minnufih bil-kitba lill-Awtorità bil-kanċellament tat-turnew tal-poker,

u d-detentur tal-liċenza m’għandux ikun intitolat għar-rimbors tal-

miżati ta’ applikazzjoni jew kwalunkwe ħlas ieħor imsemmi fir-

regolament 4, u kull approvazzjoni mogħtija mill-Awtorità għandha

tiġi terminata.

(3) Id-detentur tal-liċenza ta’ każinò għandu jiżgura li entità li

tissuplixxi servizz kritiku relatat mat-turnew tal-poker, jew f’isem

min it-turnew qed jiġi operat, tkun xierqa u tajba u d-detentur tal-

liċenza ta’ każinò għandu jagħti dawk id-dettalji lill-Awtorità

Iżda l-Awtotità tista’ toħroġ linji gwida xierqa u tajba li

għandhom jiġu osservati mid-detentur tal-liċenza ta’ każinò.

(4) L-Awtorità tista’ titlob kwalunkwe informazzjoni oħra li

hija tqis meħtieġa.

(1)

The extended area shall be adjacent to the casino Extended area.

licensee’s casino

Provided that the Authority shall, in its sole discretion,

determine whether or not an extended area is adjacent to the casino

licensee’s casino in terms of these regulations

Provided further that for the period during which the

extended area is being used for the poker tournament, no other

gaming activity other than the poker tournament shall be carried out

in the same area.

(2) The approval of an extended area as referred to in

regulation 3(1) shall be limited to the duration of the poker

tournament.

The duration of a poker tournament which is held either Duration of a

partially or wholly in an extended area shall not exceed fourteen (14) tournament.

days.

For the purposes of these regulations, the casino licensee Use of poker

shall only use poker tournament chips for the purposes of a poker tournament

chips.

tournament.

In granting the approval mentioned in regulation 3 to the Approval

casino licensee, the Authority may impose conditions relating to, conditions.

inter alia

(a)

the proper operation of the poker tournament;

(b)

the protection of players;

(c)

the prevention of money laundering;

(d)

the proper management of the extended area;

(e)

the use of any gaming equipment or poker

tournament chips;

(f)

the information that shall be displayed at all time;

(g)

the requirements for surveillance and registration

in a poker tournament and in an extended area;

(h)

the access controls;

(i)

the ratio of gaming devices to tables for the

duration of the poker tournament;

(j)

the reporting of regulatory and financial data,

information or statistics; and

(k)

the exigencies of public interest

Provided that the Authority may at any time amend the

conditions of such approval by notifying the casino licensee in

writing

Provided further that conditions imposed in the said

approval shall have the same standing as licence terms and conditions

imposed and, or varied by the Authority in a casino licence in terms

of article 30 of the Act.

The casino licensee shall make available to the player all

the rules relating to the poker game and the poker tournament in

advance

Provided that the player and the casino licensee shall

comply with all such rules.

(1)

Without prejudice to the provisions of the Act, the

Gaming Act Regulations, or any other law, a casino licensee may

permit a person to work and a person may work in a casino or in an

approved extended area for the duration of the poker tournament

subject to a poker tournament dealer licence being issued by the

Authority in the name of such person, or an equivalent authorisation

issued by the government or the competent authority of a member

state of the European Economic Area

Provided that the holder of an equivalent authorisation

referred to in the preceding proviso shall submit to the Authority a

certified true copy of the equivalent authorisation and may be

required to prove to the Authority the equivalence and continued

validity of such an authorisation

Provided further that the Authority may impose such

proportionate requirements and conditions, as it may deem necessary

in the fulfilment of its functions under the Act, the Lotteries and

Other Games Act, and these regulations

Provided further that the application for a poker

tournament dealer licence shall not be made later than thirty (30) days

before the poker tournament in which they intend to work.

(2) A person is not eligible for the issue of a poker tournament

dealer licence if the person -

(a)

is not a fit and proper person to hold such a licence

as determined by the Authority; or

(b)

is under the age of eighteen (18) years; or

(c)

has been convicted of a criminal offence

Provided that the Authority may dispense with the

condition under paragraph (c), depending on the nature of the offence.

(3) An application for a poker tournament dealer licence under

sub-regulation (1) shall -

(a)

be lodged with the Authority;

(b)

be made on such application forms designated by

the Authority from time to time;

(c)

be accompanied by any documents that the

application form may specify;

(d)

be signed by the applicant; and

(e)

include the payment of the application or renewal

fee specified in the Schedule.

(4) Where, before an application for a poker tournament dealer

licence is determined, or while a poker tournament dealer licence is in

force, a change occurs in the matter set out in, or in any documents

lodged in connection with the application for the licence, the

applicant or the holder of the licence shall submit to the Authority, in

writing, the particulars of that change forthwith and without delay.

(5) The Authority may, by notice in writing, require the

applicant for the licence, or the holder of the licence -

(a)

to provide, in accordance with direction in the

notice, such information relating to the application as is

specified in the notice; or

(b)

to produce, in accordance with directions in the

notice, such records relating to the application as are specified

in the notice; or

(c)

to permit examination of records, the taking of

extracts from records and the making of copies of records; or

(d)

to provide further information or documentation to

determine the fit and properness and suitability of the person; or

(e)

to authorise a person specified in the notice to

comply with a requirement of a kind referred to in paragraphs

(a), (b), (c) or (d).

The Authority shall consider each application for a

poker tournament dealer licence and shall -

(i)

approve the application; or

(ii)

refuse to approve the application.

(b)

Where the Authority approves an application for a

poker tournament dealer licence, it may determine conditions to

which the licence shall be subject.

(c)

The Authority may refuse an application for a

poker tournament dealer licence where -

(i) the application does not comply with any one

of the requirements of sub-regulation (3); or

(ii) a requirement made under sub-regulation (5)

is not complied with;

(d)

The Authority shall refuse an application for a

poker tournament dealer licence if the applicant is not eligible for a

licence in accordance with sub-regulation (2).

(e)

Where the Authority refuses an application, the

Authority shall, within a reasonable time, notify such refusal in

writing to the applicant specifying the reasons.

(f)

In considering an application for a poker

tournament dealer licence the Authority may inquire into such matters

relating to the application as it may deem necessary.

Where the Authority approves an application for a

poker tournament dealer licence, the Authority shall issue to the

applicant a poker tournament dealer licence in a form approved by the

Authority for a period of one year.

(b)

A poker tournament dealer licence shall set out

(i) the name and particulars of the poker

tournament dealer;

(ii) the date of issue of the licence;

(iii) any conditions determined by the Authority

under sub-regulation (6)(b).

(c)

The issue of a poker tournament dealer licence

under this regulation shall remain valid subject to the power of the

Authority to add, vary and revoke any conditions relating to such

licence during the currency of the same, provided that notice in

writing thereof within a reasonable time is made to the holder of the

licence and to the casino licensee.

(8) A poker tournament dealer licence ceases to have effect -

(a)

upon the expiration of one (1) year from the issue

of the poker tournament dealer licence, whereupon it may be

renewed by the Authority in a form as may be designated by the

Authority from time to time, for a further period of one (1) year;

(b)

upon cancellation or suspension by the Authority

by notice in writing given to the holder of the poker tournament

dealer licence, when a ground for cancellation arises;

(c)

upon surrender by the person holding the poker

tournament dealer licence of the same licence to the Authority;

(d)

upon the death of the holder of the poker

tournament dealer licence.

(9) A ground for cancellation or suspension of a poker

tournament dealer licence arises where

(a)

the licence was issued at a time when there were

valid reasons for refusing its issue which were then unknown to

the Authority;

(b)

the holder of the licence is convicted of

(i)

a criminal offence; or

(ii) an offence against the Act; or

(iii) an offence that is to be taken to be related to

an offence against the Act; or

(iv) an offence against any other law relating to

gaming or betting;

(c)

the holder of the licence contravenes a provision of

the Act or of any regulations relating thereto;

(d)

the holder of the licence contravenes a condition of

the licence;

(e)

the holder of the licence provides, in relation to the

licence, false or misleading information;

(f)

the holder of the licence is not, or no longer, for

any other reason, a suitable person to hold the licence

Provided that the Authority may dispense with the

condition under paragraph (b), depending on the nature of the

Where the Authority is satisfied that a ground for

cancellation or suspension of a poker tournament dealer licence has

arisen under sub-regulation (9), the Authority shall, by notice in

writing, request the holder of the licence to show cause, within such

period, being not less than twenty-one (21) days after the issue of the

notice, as is specified in the notice, why the poker tournament dealer

licence should not be cancelled or suspended on such ground as stated

(b)

The Authority shall have regard to any response

made under paragraph (a) and -

(i) where the matter is resolved

to

its

satisfaction, shall take no further action;

(ii) where although the matter is not resolved to

its satisfaction, it considers that further action is not

warranted, it shall in writing caution the holder of the

licence; or

(iii) where the matter is not resolved to its

satisfaction and it is satisfied that further action is

warranted, it may, by notice in writing served on the holder

of the licence -

a.

impose further conditions in the poker

tournament dealer licence;

b.

suspend the licence for such period as

the Authority deems fit; or

c.

cancel the licence.

(c)

The Authority may at any time by notice in writing

given to the holder of the licence at the time of the suspension of the

licence, terminate, or reduce the period of the suspension of the

licence.

(d)

A poker tournament dealer licence shall cease to be

in force during a period of suspension, or upon cancellation of the

licence.

(11) (a) Without prejudice to the provisions of the Act, the

Gaming Act Regulations, or any other law, a poker tournament dealer S.L. 400.01

licence holder shall only be allowed to perform work, and a casino

licensee shall only permit such a person to perform work in relation to

a poker tournament for which an approval was issued in terms of

regulation 3(1) and the permission to work in that particular poker

tournament was notified to the Authority in terms of regulation

5(1)(g).

(b)

A poker tournament dealer licence holder may

perform work, and a casino licensee may permit a poker tournament

dealer licence holder to perform work in relation to a poker

tournament hosted wholly within a casino provided that a prior

written approval is acquired from the Authority for such purposes by

the casino licensee.

Notwithstanding any agreement, verbal or otherwise with No assignment

any other entity, the casino licensee shall remain at all times of liability.

responsible for compliance with the Act and all regulations made

thereunder.

(1)

Without prejudice to the provisions of regulation 9, Access.

the approved extended area shall, for all purposes under the Act, the

licence terms and conditions and any other applicable law, be

considered to be part of the casino, and all obligations arising

therefrom shall continue to apply.

(2) No person shall obstruct or delay any inspector from

access or any means of access to the approved extended area, or any

such other place being utilized in any way for the purposes of the

poker tournament.

Any contravention of these regulations shall be considered Contraventions,

an offence against the Act and the provisions under articles 42, 42A, fines

penalties.

47 and 48 of the Act shall apply.

B