 |  the Federal Law of Gambling and Raffles is Finally Regulated
18 Oct 2004
October 17, 2004 -- Since its publication in 1947, the Federal
Gambling and Raffles Law (the Law) was not regulated. It was hard
to believe that all the regulation for games and raffles was
regulated by only 17 brief articles of the Law, an Official Norm
and auxiliary but scant regulations. On September 17, 2004, the
Regulation for the Federal Gambling and Raffles Law (the
Regulation) was published. The Regulation comprises 153 articles
under different titles and chapters from gambling games, permits,
race courses, different forms of raffles and even cockfights. The
Regulation complements and clarifies the Law, incorporating
concepts and classifications that will allow those interested in
conducting gambling activities and raffles to do so following the
corresponding steps and permits that they must obtain. Among
others, it describes the types of games and their different
characteristics, such as gambling games, greyhound races and
fronton. It is important to mention that the first article of the
Law sets forth that gambling games are forbidden. However, in
articles 4, 7, 9 and 11 of the Law establishes the need of permits
and surveillance requirements to carry out such activities. From
article 43 to 90, the Regulation includes the rules applicable to
gambling games, explicitly gambles at fairs, cockfights, cards and
dice, roulette, gambling on temporary events, gambling on sporting
events, raffles of numbers and symbols that are authorized by this
Regulation. Likewise, elements and restrictions for bookers are
established which should be procured to assure an adequate
management of information and avoid error or manipulation of
information. Regarding raffles, the Regulation provides for
specific requirements to obtain the permits to conduct raffles and
the manner in which such permits may be canceled. The Ministry of
the Internal Affairs will be in charge of the issuance of permits,
to both individuals and entities. With the new Regulation a variety
of forms of raffles are considered including those with tickets,
without the sale of tickets, instant raffles, raffles through a
commercial promotion, related to symbols and numbers, and raffles
broadcasted on massive media. Title Fifth of the Regulation is of
particular interest, since it establishes the authoritys faculties
of supervision; while developing other chapters for the inspectors
and the administrative sanctions to be applied such as infractions,
arrest, and suspension of functions, permit revocations and
closures. Although we are far from having a comprehensive legal
framework gambling; sweepstakes and raffles, it is a step in the
right direction to clarify how these are regulated in Mexico. Let
us not forget that the Law is applied to all games, raffles &
sweepstakes that take place at Mexico, including those that may
occur though the Internet. |
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