skin

Amusement, 'State Reserve? No thanks'

22 May 2015 - 10:14

Tax delegation and videogames. This is a definitely hot topic and needs immediate answers. In the draft of delegated decree seems that even games without cash prizes have been added, as regards the field of state reserve. This provision might run into a flaw of excessive delegation, because the law involved didn't give any regulation authority to the government regarding devices without cash prizes.

Written by Sara
Amusement, 'State Reserve? No thanks'

 


The lawyer Cino Benelli stresses it, through a legal analysis of the matter. "In my opinion - he adds - the provisions on videogames should be added in a separate body of law. The legislative decree doesn't mention gaming without cash prizes and, for that reason, it would be a mistake to include provisions relating to it in the delegated decree that our executive branch is preparing, because it could be considered flawed by 'excessive delegation' and being, therefore, declared an unconstitutional decree.


GAMING WITHOUT CASH PRIZES - In fact, gaming without cash prizes, unlike the so-called 'lawful gambling', is subject to the liberalization system of the Directive 2006/123 Ce (the so-called 'Services Directive' or 'Bolkestein') and can not therefore be subject to monopoly. This doesn't mean that it can be exercised without any restriction. But any restriction made in this field must be justified by essential reasons of general interest: public order, safety and consumer protection. These are the only requirements that member states can invoke to restrict games without cash prizes. The administration have to demonstrate that there is a problem of public order to justify the restriction of these gaming products. Although I think it would be difficult for the administration to demonstrate a danger for citizen security linked to this kind of entertainment. We must be extremely cautious to add restrictions in this field if they are not widely justified in Europe" Benelli ends.

 

THE OPERATORS - And the operators feel the same way. The Sapar President, Raffaele Curcio, stresses: "The attention on pure entertainment eased in recent years, because we gave more attention to gaming with cash prizes. Today it is very difficult to arrive with new devices in Italy, because there is a muddled system of homologation that stops the enthusiasm of those who must arrive on the Italian market. We have over 115 thousand pure amusement machines in the country, this means that there is an aswer of the public. We must take with Government and Monopolies a road to consider some interventions to relaunch the field. The Treasury, only from amusement machines, between 2012 and 2013, has 'earned' €40 million. So the potential is there and I hope that in the implementation of tax delegation we will pay attention to this gaming segment. Today in Italy there is a too complex bureaucracy and there is a glimmer in the delegation, because there might be a passage where it is said that some devices do not need an homologation".

 

VIDEOGAMES' SITUATION  - "The conference on videogames, which was held on the occasion of last Enada Rimini - Roberto Marai of Farogames affirms - was a way to bring operators together, including foreign ones (included Raw Thrills, Sega, Universal Space, Bandai Namco and Stern Pinball) and tackle common problems. The absurd situation of the field has been highlighted. From now on, we must highlight our independence as pure entertainment operators of gaming for families, that does not create addiction. The field needs an incentive from the state, which took away much of its profitability with the introduction of gambling. The state should encourage the relaunch of this field, regularizing it and removing the ISI, which is an absurd tax. The State must liberalize an industry that attracts families, otherwise we will only have gambling.


RELAUNCHING ARCADE GAMES - The attendance of foreign operators to the discussion table means that the world of paragraph 7 was one of the most flourishing before the crisis, and now it has become the Cinderella of the Italian playful landscape, due also to an obsolete homologation system. Moreover, we ask for dedicated places to host these games, relaunching the arcades. The FEC (Family Entertainment Center) must be promoted. Young people are increasingly marginalized with virtual games, while the arcade is first of all socialization. It is not right that Italy, which is part of the European Union, is penalized in this field compared to other countries".

 

Related articles