The organization and operation of the gambling activity on the territory of Romania are taking place under the conditions of the Emergency Ordinance on gambling with subsequent amendments and completions and state monopoly.
The State, through the ONJN, may grant the right to organize and operate the gambling activity, based on a license to organize gambling on each type of activity, as they are classified in the ordinance, and a game operating license luck, nominal and time-limited documents that will be directly exploited by the licensee.
Gambling is defined as that commercial activity that attributes material gains, usually money, as a result of the organizational public offering of a potential winnings and acceptance of the bid by the participant, with the collection of a direct or disguised participation fee, the winnings being assigned by the random selection of the results of the events that are the object of the game, regardless of how they are produced.
The following games are not considered gambling and the licensing process is not required:
- raffles organized in schools, kindergartens or other collectives and which have a fun and non-profit character for the organizers;
- fun games, operated by machines, devices, devices of any kind and that do not involve winnings based on random elements, but aim to test the participant’s force, intelligence and dexterity;
- actions organized by different economic agents under the terms of the Ordinance, with a view to stimulating sales and not involving a participation fee, or any additional expense on the part of the participants, nor the increase of the price that the product had before the advertisement.
For the following activities, you may be required to obtain a gambling license:
- lotto games,
- gambling specific to casino activity (specific means may be: gambling cards, dice, roulette, roulette and game tables, including their ancillary facilities);
- slot-machine games,
- bingo games played in gaming rooms,
- bingo games organized through the networks of television networks,
- bingo games organized by means of Internet communication systems, fixed or mobile telephony systems;
- online betting on fixed-odds betting, organized by means of Internet communications systems, fixed or mobile telephony systems;
- online gambling representing all gambling other than those defined above.
The gambling organization license is granted to the economic agent who fulfills the conditions for organizing the activities covered by Ordinance on gambling, as amended and supplemented. The license is valid for 5 years from the date of issue.
The steps required to obtain the license to organize gambling in Romania
To obtain a license to organize gambling, you must:
- economic agents to prove:
- the existence as the main object of activity the organization of gambling;
- the existence of the opinion of the police authorities granted to the administrators or legal representatives of the legal person;
- the constitution of the subscribed and paid-up share capital under the terms of the said Ordinance;
- to file criminal records or other acts issued by the competent authorities within the area of responsibility of which the last known domicile is the result that against any of the administrators or legal representatives of the legal person has not been pronounced a final judgment of conviction for which no the rehabilitation, in Romania or in a foreign state, for the offense provided for by the present law or for another intentional offense for which a minimum sentence of 2 years has been imposed with imprisonment;
- the proof of the proposed space and the fulfillment by it of the requirements established by law.
In order to obtain authorization to operate gambling, economic agents have to prove that:
- are in possession of a gaming license valid on the date of application for authorization to operate gambling or have applied for a license to organize gambling;
- the proposed space is registered at the trade registry office by the organizer concerned in accordance with the legal provisions in force for carrying out the commercial activities within the buildings and fulfills the requirements stipulated in the norms for the application of this emergency ordinance;
- the proposed space is not located within an educational establishment, including its campuses, cultural, arts, health, social, religious, and similar establishments or the designated area thereof; gambling is prohibited in spaces that due to location would lead to obstruction of traffic or to the restriction of free access to other locations of interest (in-house installations, pedestrian crossings, public transport stations, etc.); it is exceptionally possible to organize gambling in cinemas, showrooms, sports halls, cultural houses and the like, provided that the following conditions are cumulatively ensured: separate access for the players, not to be disturbed in any so that other activities can be totally restricted and minor access can be restricted;
- casino activity is to be staged in non-residential buildings or in hotels that are classified as hotels with at least 3-star rating in accordance with national rules in force;
- the means of play and the proposed locations/spaces meet the conditions laid down in this Emergency Ordinance and its implementing rules;
- slot machines are equipped with an integrated electronic system for monitoring, recording and highlighting all operations, making it a constructive integral part of the game or added afterward (black-box type), which allows the control of the authorities referred to in the Ordinance on the way of organizing and exploiting the respective gambling. The requirements to be met by the respective mechanisms, the conditions for endorsement of the entities adding to the black-box systems, their installation and the monitoring of the activity are stipulated in the norms for the application of this emergency ordinance;
- the betting shops will be operated by means of independent informational programs, unique at the level of the organizing society, regardless of the number of locations in which the respective activity is carried out, with the centralization in a central electronic system placed on the territory of Romania the information that highlights each connected game terminal, total participation fees collected and total prizes awarded. The central electronic system, through the care and on behalf of the organizer, will be connected to a terminal located at the Ministry of Public Finance, provided free of charge by the organizers, and will contain or allow access to information on: the total fees collected in any day, the total of the prizes awarded on that day, as well as the record of the interconnected terminals in the system (their number and the address where they are exploited each). At least 30 days before the gambling operation authorization is granted, each place where the betting activity takes place must be identified in the central system. Any subsequent change will be communicated at least 15 days before it is operational;
- own all the technical equipment that provides support for the organization and transmission of these types of gambling on the territory of Romania for online gambling, bingo games organized by means of Internet communication systems, fixed telephony systems or furniture, online gambling, except for this provision, allowing economic operators authorized in this field in a Member State of the European Union and holding the technical equipment necessary for functioning in a Member State of the European Union with the obligation to connect them to the bodies referred to in art. 19 par. (1) of the Ordinance;
- the additional conditions that must be met by the economic operator for obtaining the organizing license and the authorization to operate the games of chance provided by the law are regulated by the rules for the application of the specified emergency ordinance.
Taxes charged for licensing gambling activities in Romania
The fees charged for the gambling activities are as follows:
I. Game Gambling License Fee (annual):
- For lotto games: 500,000 lei
- For bets: 200,000 lei
- For fixed odds bets: 100,000 ROL
- For gambling characteristic of casino activity: 400,000 lei
- For slot machines: 25,000 ROL
- For bingo games played in gaming rooms: 40,000 lei
- For bingo gaming organized through the networks of television networks: 200,000 lei
- For online gambling online: 100,000 lei
- For bingo games organized by means of Internet communication systems, fixed or mobile telephony systems: 100,000 lei
- For on-line gambling: 400,000 lei
- For online lotto games: 500,000 lei
- For online bookmakers: 200,000 lei
II. Charges related to the Gambling Operation Authorization (annual):
- For lotto games: 800,000 lei
- For bets: 400,000 ROL
- For fixed odds bets: 5% of the proceeds actually earned at the organizer level, but not less than 250,000 lei, on the basis of the technical and economic documentation of efficiency presented by the economic agent
- For gambling specific to casino activity:
- for each table, 250,000 lei in Bucharest
- for each table, in other locations than the municipality of Bucharest 120,000 lei
- For each slot machine type: 8,000 lei
- For bingo games played in gaming rooms: 30,000 lei for each room, as well as 3% of the nominal value of the cartons purchased from National Company «Imprimeria Nationala» – SA, which is paid in advance to the State Treasury, with the presentation of the payment order targeted by the treasury to pick up the cartons
- For bingo gaming organized through television network systems: 10% of the actual revenues earned at the organizer level, but not less than 400,000 lei, on the basis of the technical and economic documentation of efficiency presented by the economic operator
- For bingo games organized by means of Internet communication systems, fixed or mobile telephony systems: 10% of the actual revenues earned at the organizer level, but not less than 400,000 lei, based on the technical and economic documentation of efficiency presented by the economic operator
- For on-line gambling: 1.5% of the actual revenues earned at the organizer level, but not less than 400.000 lei, based on the technical and economic documentation of efficiency presented by the economic operator
- For online lotto games: 800,000 lei
- For on-line bets: 400,000 ROL
THE MINIMUM VALUE OF THE SOCIAL CAPITAL SUBSCRIBED AND PAID AT THE DATE OF REQUEST FOR OBTAINING THE LICENSE TO ORGANIZE GAMES
- For organizers who run lotto games: 2,000,000 lei
- For organizers who use bets: 1.000.000 lei
- For organizers who use fixed odds bets: 1.000.000 lei
- For gambling organizers characteristic of casino activity: 1,000,000 lei
- For organizers who run slot machine games: 30,000 lei
- For organizers who use bingo games in Game Rooms: 100,000 lei
- For organizers who use bingo gaming organized through the networks of television networks: 1.000.000 lei
- For organizers who are betting gambling on a fixed online rate: ROL 1,000,000
- For organizers who use bingo gaming organized via Internet communication systems, fixed or mobile telephony systems: 500,000 lei
- For organizers who operate online gambling: 1.000.000 lei
- Organization fee for poker tournaments: 200,000 lei
- Casino gambling access fee for casino activity and slot machine games:
- For gambling characteristic of casino activity: 20 lei;
- For slot machines: 5 lei.
The attorney office “Szilaghi Alina” provides legal assistance explaining the importance of obtaining the portfolio of documents necessary for the game license by indicating the specific stages of these procedures.
To request an online legal consultation, please fill out the FORM