Penalties

 
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Penalties

General description

 
Penalties

The Superintendence of Casinos initiates a sanctioning procedure when alleged violations of the Gambling Act or the respective regulations are detected, both through supervision and reception of written complaints by the agency, provided that they are submitted by a duly identified individual or his/her legal advisor.

After notification of an event that may represent a violation, the agency initiates a summary that may end in a retributive action or clearance for the new 18 gaming casino operators and their employees, the officials of the Superintendence and public officials responsible for public funds.

What kind of sanctions can the Superintendence of Casinos apply? Why and to whom?

Infringement:

To allow in the game rooms entry or presence of:

  • Under age.
  • Judgement-impaired individuals and anti-dissipation interdicts.
  • Individuals under evident effect of alcohol or drugs.
  • Individuals carrying weapons, other than Police officials or Investigative Police Officials according to the laws or relevant regulations.
  • Individuals who cause civil disturbances that prevent the normal development of games or infringe the game rules.
  • Individuals who, upon request, can not present their ID to identify themselves.
Entity facing sanctions: Operator
Sanctions established in the gambling act: 30 UTM (Monthly tax units) fine(Article 48)

 

Infringement: Placing bets, directly or through third parties, in any game developed in the casino.
Entity facing sanctions:
  • Superintendence of Casinos officials.
  • Public or municipality officials with public funds under their custody.
  • Individual who, by mandate of the Superintendence of Casinos or on its behalf, carry out supervision duties in the casinos.
Sanctions established in the gambling act: 15 UTM fine (Article 49, Paragraph 1°).

 

Infringement: Placing bets, directly or through third parties, in games developed in the operators’ casinos where they provide services.
Entity facing sanctions:

a) Casino staff.
b) Shareholders, Directors and Managers of the operating company or of the companies that provide related services to the establishments.
c) Operator.

Sanctions established in the gambling act:

a) 60 UTM fine(Article 49).
b) 60 UTM fine, notwithholding a possible operating license revoke. (Articles 31, subparagraph l) and 49, paragraph 2°).
c) 60 UTM fine, notwithholding a possible operating license revoke. (Articles 31, subparagraph l) and 49, paragraph 2°).

 

Infringement: Altering, destroying or abusing books, records or other instruments where game opening and closing amounts must be kept.
Entity facing sanctions:

Casino staff, executives, managers, administrators, and, in general, whoever commits this violation.

Sanctions established in the gambling act:

Up to 90 UTM fine(Article 53).

 

Infringement: Opposing to or disturbing the supervising duties of Superintendence of Casinos officials, or refusing to provide the information requested by these or hiding the documentation with that information.
Entity facing sanctions:

Directors, managers and Operator’s designees with general administrative powers.

Sanctions established in the gambling act:

150 UTM fine, notwithholding a possible operating license revoke.(Articles 31, paragraph k, and 47).

 

Infringement: Using unauthorized machines or game implements.
Entity facing sanctions:

Operator.

Sanctions established in the gambling act:

150 UTM fine, notwithholding a possible operating license revoke if the Operator commits this violation. (Articles 31, letter m, and 52).

 

Infringement: Using unauthorized machines or game implements with damage or benefit for regular players.
Entity facing sanctions:

Operator.

Sanctions established in the gambling act:

180 UTM fine, notwithholding a possible operating license revoke if the Operator commits this violation. (Articles 31, letter m, and 52).

 

Infringement: Modifying or altering game implements or interfering with game development, damaging or benefitting players or the Operator; or substituting game materials for the same purpose.
Entity facing sanctions:

a) In general, whoever incurs in this line of conduct.
b) Operator Administrators, Directors or Managers or the employees responsible for the game rooms.

Sanctions established in the gambling act:

a) 60 – 150 UTM fine(Article 51).
b) 60 – 300 UTM fine (Article 51).

 

Infringement: Exploiting related services not detailed in the operating license or not authorized by the Superintendence of Casinos.
Entity facing sanctions:

Operator.

Sanctions established in the gambling act:

90 – 300 UTM fine, notwithholding a possible operating permit license (Articles 31, letter g, and 50).

 

Infringement: Exploiting unauthorized or banned games.
Entity facing sanctions:

Operator.

Sanctions established in the gambling act:

150 – 600 UTM fine, notwithholding a possible operating license revoke (Articles 31, letter e, and 50).

 

Infringement:

Failing to comply with the requirements of each approved project, or not meeting the maximum deadlines agreed by companies.

Commiting serious infringement to gaming regulations established in Act N°19.995 and related laws.

Suspending operation of the game rooms without a justifying cause.

Operating in an unauthorized establishment.

Transferring ownership or the use granted by the operating permit or game licenses.

Outsourcing the administration or the provision of related services without previous authorization.

Introducing substantial modifications to the establishment where the casino operates without previous authorization of the Superintendence of Casinos.

Not observing the instructions given by the Superintendence of Casinos while performing official and regulatory duties.

Refusing to provide the information requested by the Superintendence of Casinos within the deadlines established by this agency or according to its requirements and, in general, repeatedly hindering the fiscalization activities.

Refusing total or partial payment of prizes of games.

Dwindling, during the term of the operating permit, the minimum social capital established in the regulations, and failing to reach this minimum amount during the 90 day term provided for in letter c) of Article 17.

Incurring in the line of behavior described in numbers 4 y 5 of Article 97 of the Tax Code, such as submitting maliciously incomplete or inaccurate tax statements leading to the liquidation of a lesser tax amount; altering balance-sheets or inventory records or presenting fabricated documentation; reusing receipts, debit notes, credit notes already accounted for in previous operations, or reported in SII statements, among others.

Entity facing sanctions:

Operator

Sanctions established in the gambling act:

The Operating Permit may be revoked [ Articles 31, letter a), b), c), d), f), h), i), j), k), n), ñ), and o)

Note: Violations to the Casino Act for which a special sanction is not specified are penalized with a 3 to 90 UTM fine to be collected by the tax authorities. In case of repeat infringement during a term not exceeding one year, the penalty amounts will be doubled.

 
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Superintendence of Casinos (SCJ) - Morandé 360, floor 11, Santiago, Chile. Postal code 834-0456. Telephone: (56 2) 2589 3000 - Mesa de Ayuda Solicitudes Ciudadanas: (56-2) 2589 3080. RUT: 61.976.100-6. Hours of operation: from monday to thursday 9:30 am to 13:00 pm and from 15:00 pm to 17:30 pm; and friday 9:30 am to 13:00 pm and from 15:00 am to 16:30 pm.

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