Poland – Arranging slot machine games outside casinos and arcades

The use of slot machines outside casinos and arcade,s e.g. in gastronomic establishments, may expose entrepreneurs to legal consequences, the Ministry of Finance said yesterday.

Statement of the Ministry of Finance:

Obtaining the opinion of the unit authorized by the Minister of Finance from the technical inspection of the machine does not guarantee the legality of its operation outside the casino and slot machine games room. Only the Minister of Finance’s decision on the unconventional nature of the game on a given device ensures that such activities are conducted in accordance with the law.

The Gambling Act allows for slot machine games only in casinos and arcades – based on registration by the head of the customs and tax office, after obtaining the opinion of the testing entity. Such a unit, which operates under the authority of the Minister of Finance, carries out technical tests of slot machines, lottery devices and gaming devices provided for in the regulations, and issues opinions on these tests.

The opinion is only information that the examined gaming machine or device meets or does not meet the technical conditions (specified in the Act on gambling and in the Regulation of the Minister of Development and Finance of June 8th, 2017 on the gambling devices, gaming devices and slot machines , securing information about the organized lottery and obtaining, calculating and paying out winnings). In their opinions, the testing entity is not entitled to decide whether the game on a given device is a slot machine within the meaning of the Gambling Act. Only the Minister of Finance decides about this.

Watch out for the offers to insert gaming machines into the premises

Due to the above, we warn against situations in which entrepreneurs (e.g. those running gastronomic establishments) are offered to put a gaming machine in their premises. The basis for its legal operation is the opinion on the technical examination issued by the testing unit authorized by the Minister of Finance, calling such a machine “the first fully legal device with official state certification”. It should be remembered that such opinions do not entitle the lawful operation of such machines, and their use may expose the owners of premises to legal liability.

At the same time, the Minister of Finance informs that he initiated ex officio proceedings regarding issuing the decision pursuant to art. 2 clause 6 of the Gambling Act, if games arranged on the FUTURA device are slot machine games within the meaning of the Gambling Act.

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