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LICENSES
TO OPEN CASINOS : |
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Licenses to open casinos
are granted by the Ministry of the Interior with due notice from the Local
Council of the area in which the activity is to be carried out, following
an investigation and on the basis of a list of specifications drawn up by
the City Hall. The latter delivers a business concession to the rewarded
company once the tender procedure, as introduced by the Act 93-122 of 29
January 1993 (the so-called Sapin Act), has been complied with.
A national Gaming Board made up of senior civil servants (14) and Members
of Parliament (5) is responsible for examining gaming licence applications
and renewals.
An Order issued by the Ministry of the Interior fixes the period of concession,
the authorised games and the operating conditions for the casino.
A licence may be cancelled by the Ministry of the Interior in the event
of failure to comply with specifications or provisions of the Order.
Casinos that have obtained the necessary licence must operate under a manager
and executive committee, personally responsible, for ensuring that the regulations
and provisions in the list of specifications are complied with.
The manager responsible and members of the executive committee must be approved
beforehand by the Ministry of the Interior. If this approval is withdrawn,
they can no longer continue their activities.
Approval is also required for hiring all gaming employees. The latter must
also be holders of their own professional cards.
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LEVY
APPLICABLE : |
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The applicable levy
relates to the additional revenue earned by the casinos using the new progressive
levy scale (27 November 1986) , 50% of which must be earmarked for capital
works designed to improve tourist facilities, as provided by Decree. |
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REGULATORY
AGENCIES : |
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Ministry of
the Interior: They grant licences to operate casinos, including
those concerning slot machines, approvals concerning the manager and the
gaming employees.
Racing and gaming department : attached to the security branch,
it mostly ensures the control of casinos and see that the regulations are
complied with. |
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REGULATORY
FRAMEWORK OF CASINOS |
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According to French
Law, gaming activity is strictly prohibited and can result in prosecution
under the terms set out in Article 410 of the old Penal Code. The Act of
15 June 1907 created an exception to this prohibition, allowing casinos
to be opened in seaside and health resorts and thermal spa.
The Act 88-13 of 15 January 1988 extends this authorisation to include major
city areas with a population of more than 500 000, and having specific tourist
and cultural activities.
Licenses to open casinos are granted by the Ministry of the Interior with
due notice from the Local Council of the area in which the activity is to
be carried out, following an investigation and on the basis of a list of
specifications drawn up by the City Hall. The latter delivers a business
concession to the enterprise once the tender procedure, as introduced by
the Act 93-122 of 29 January 1993 (the so-called Sapin Act), has been complied
with.
A national Gaming Board made up of senior civil servants (14) and Members
of Parliament (5) is responsible for examining gaming licence applications
and renewals.
An Order issued by the Ministry of the Interior fixes the period of concession,
the authorised games and the operating conditions for the casino. A licence
may be cancelled by the Ministry of the Interior in the event of failure
to comply with specifications or provisions of the Order.
Casinos that have obtained the necessary licence must operate under a manager
and executive committee, personally responsible, for ensuring that the regulations
and provisions in the list of specifications are complied with. The manager
responsible and members of the executive committee must be approved beforehand
by the Ministry of the Interior.
If this approval is withdrawn, they can no longer continue their activities.
Approval is also required for hiring all gaming employees. The latter must
also be holders of their own professional cards.Each game is subject to
a very detailed set of regulations. |
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REDISTRIBUTION
RATE: |
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Slot machines are parameterised
to redistribute to the customers a percentage of the bets made. This percentage
is called redistribution rate. The statutory payout rate is of at least
85%. Within Partouche Group, this rate is about 95%. |
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TABLE
GAMES : |
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They include French
roulette, English and American roulette, Black-Jack, Baccarat - Chemin de
Fer, Trente et Quarante (cards), Craps (dice), Boule, Casino Stud Poker
and Punto Banco. |
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TAX
ALLOWANCE : |
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The progressive scale
of the tax levy (cf tax levies) applies after the deduction of 25% on the
gaming revenue. |
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TAX
LEVIES |
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The progressive tax
levied on gross gaming revenue in casinos is as follows :
Gross Gaming
Revenue:
| 10% |
Up to |
58 000 € |
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| 15% |
from |
58 001 € |
to |
114 000 € |
| 25% |
from |
114 001 € |
to |
338 000 € |
| 35% |
from |
338 001 €
| to |
629 000 € |
| 45% |
from |
629 001 € |
to |
1 048 000 € |
| 55% |
from |
1 048 001 € |
to |
3 144 000 € |
| 60% |
from |
3 144 001 € |
to |
5 240 000 € |
| 65% |
from |
5 240 001 € |
to |
7 337 000 € |
| 70% |
from |
7 337 001 € |
to |
9 443 000 € |
| 80% |
above |
9 443 000 € |
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This progressive scale
applies after the deduction of 25% of the taxable income of the gross
gaming revenue according to the applicable method of calculation. Local
authorities levy a maximum rate of 15% on the same bases as the State
levy. In addition, there is a fixed levy of 0,5% on the very first franc
generated on table games and of 2% on slot machine income. In 1996, a
3% CRDS (Contribution to the Repayment of Social Debt) tax was levied
on gross gaming revenue, followed, in 1997, by the 3,40% CSG (General
Social Contribution) of slot machines gross gaming income. Since January
1998, the CSG has been increased to 7,5% and is now calculated on a reduced
basis of 68% of slot machines gross gaming revenue
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TAX
REFORM |
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The basis of the levies
on the slot machines is modified as from the 1st may 2002, following the
decree published in the French Gazette on the 16th April 2002 relating to
the amendment of the casinos' gaming regulations.
Slot machines have a statutory theoretical payout rate of at least 85%.
Within the Partouche Group, this rate reaches approximately 95%.
In fact the real generated return is lower than the theoretical amount.
The difference between the theoretical and real amounts is called "
slide ". The later was not previously subject to the levy.
The tax reform led to the following change : the slide has a ceiling of
15% of the GGR. The average sliding rate within the Partouche Group being
over 15%, this resulted in an increase of the tax basis and a reduction
of the net turnover. |
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TAX
STAMP : |
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Entrance fees to the
table games, equalling 10 €, are meant for the Government. |
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TENDER
PROCEDURE : |
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The Local Council delivers
a business concession to the rewarded company once the tender procedure,
as introduced by the Act 93-122 of 29 January 1993 (the so-called Sapin
Act), has been complied with. |