A procedure for issuing permits for gambling business in Ukraine.
Who can get permission?
The permit is issued to the owner of the premises, not to the tenant or operator.
The owner of the premises can use them independently or rent them after receiving permission. The transfer of premises to the gambling business occurs after the issuance of a permit for the gambling business to the owner. Although the possibility that the premises intended for gambling have already been rented before the owner’s application is not obvious but possible, it can be concluded from this that such is quite possible in accordance with the general principles of commercial agreements. The decisive factor is not the date on which the lease was concluded, that is, before or after the compliance permit is issued, but the fact that the tenant must not use the premises for gambling until the owner obtains the permit.
What comes first?
The permit is issued for a single room, which means that the same owner requires multiple permits if games are to be played in different locations or in different rooms of the same building.
Each hall of a bookmaker’s office and a hall of slot machines must always be located in the same room, i.e. if a bookmaker’s room or a slot machine hall occupies several interconnected premises, they should be considered as several separate halls. At the same time, the casino can be located in several premises at the same address, you will need to obtain several permits for each of these premises, but it will be considered as one casino.
What documents are needed?
The application for a permit must be accompanied by documents of title to the premises, a certificate of assignment to the category of the hotel in which the premises are located, and the technical passport of the premises.
The list of documents is exhaustive. Although the rules require the provision of a certificate of assigning a category to the hotel, this document cannot be logically presented by the owner of the bookmaker, that is, such a document must be provided by the owner of the hotel.
What is the lines?
The issuance of a permit is carried out within 5 calendar days from the date of application, the procedure does not provide for the possibility of extending the terms. The application may also be rejected if the information in the application is incomplete, submitted with procedural errors, which will require re-submission of the application if the application or premises, their location, do not comply with the regulations. You can get acquainted with the documents remotely at the office of the Gambling Commission without physical inspection of the premises, especially if they are located in the regions of Ukraine.
How long will application take time ?
The permit is issued for an indefinite period, no extension or revocation of the permit for conformity to residential premises is provided.
Difficulties can arise in situations such as if a playroom is legally opened in an area that is properly remote from a school and then a school is opened in the vicinity of that playroom. Although this particular case is not regulated by regulations, there are at least 3 possibilities:
1) the playing hall can continue to exist, since the 500 meter limit only applies and must be checked during the opening of the playing hall, the owner of the playing hall is not responsible for the operational and commercial risk of closing the subsequent school opening in the region. ;
2) the playing hall must be closed;
3) the school cannot be opened at a distance of 500 meters if the game room legally exists and has all the necessary licenses and permits, and must be located in another, more remote location. If the school nevertheless opened with a violation of the 500-meter distance, it must be moved to another location, since the operator of the gambling hall began his legal activity earlier and, therefore, has priority.
What is the application fee?
The rules do not yet establish any application fee to be paid for issuing a permit, which means that application processing will be free of charge unless and until the Gambling Commission decides otherwise and imposes an application fee …
Information about the permits issued and the premises approved for the conduct of gambling is published by the Gambling Commission for review through the website.