Gambling license USA

Gambling license USA

We summarize the most important online gambling laws pertaining to gambling operators and users of gaming services in the countries where online gambling is legal to some degree or other.

Gambling license USA

The USA is a very lucrative market for online gambling companies, although there are many legal risks involved. Since 24% of all online gamblers in the world reside in North America, and the majority of gambling companies doing their hosting in Curacao (where we have our operations – to find out more Click here), we go into detail about the legal situation in this country.

The individual States in the USA have the power to make laws pertaining to their state only, but on the other hand there are Federal Laws that is applicable to the whole country, while protecting State rights. This makes the online gambling legal situation in the country very complex.

We start by giving an overview of the main Federal laws that address the legality of online betting, wagering and gambling in the USA, and then we will have a look at the situation in the individual States.

USA Federal gambling laws:

1. The Interstate Wire Act of 1961 (commonly referred to as the Federal Wire Act).
This law addresses only the issue of online sports betting and wagering and does not address the legality of online gambling as such.

Here is paragraph (a) from that law:
“Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.”

Source: http://www.law.cornell.edu/uscode/text/18/1084

2. Illegal Gambling Business Act of 1970

The Illegal Gambling Business Act was enacted as part of the Organized Crime Control Act of 1970. This Act was designed to be a companion to other laws, such as the Federal Wire Act, in targeting a source of income for organized crime. Unlike the Federal Wire Act, the Illegal Gambling Business Act is designed to assist states in enforcing their laws with regard to interstate gambling activities and is dependent on a predicate state offense.

Here are some extracts from that law:

18 U.S.C. 1955 the Statute
Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both.

(b) As used in this section-
(1) “illegal gambling business” means a gambling business which-
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.

And:

(e) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, any private shareholder, member, or employee of such organization except as compensation for actual expenses incurred by him in the conduct of such activity.

3. Interstate Wagering Amendment of 1994

This Act relates mostly to lotteries:

“Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift, enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.”

4. Unlawful Internet Gambling and Enforcement Act of 2006 (UIGEA)

This is the major gambling law that has to be considered by any online gambling operator. It targets large online gambling operations, and does not criminalize the consumers who participate in online gambling.

The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act). The Act also requires Treasury and the Federal Reserve Board (in consultation with the U.S. Attorney General) to promulgate regulations requiring certain participants in payment systems that could be used for unlawful Internet gambling to have policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the processing of restricted transactions.

The Treasury and the Federal Reserve Board have issued a joint rule that designates five payment systems which are covered by the Act. These systems are:
(i) automated clearing house (ACH) systems,
(ii) card systems,
(iii) check collection systems,
(iv) money transmitting businesses, and
(v) wire transfer systems.

The Act starts with the following paragraphs:

“(a) Findings.- Congress finds the following:
(1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers.
(2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites.
(3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry.
(4) New mechanisms for enforcing gambling laws on the Internet are necessary because traditional law enforcement mechanisms are often inadequate for enforcing gambling prohibitions or regulations on the Internet, especially where such gambling crosses State or national borders.”

Notwithstanding section 5362 (2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and-
(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or
(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.”

More information can be found at: http://en.wikipedia.org/wiki/Unlawful_Internet_Gambling_Enforcement_Act_of_2006

Because of these Federal gambling laws, online gambling companies are hosting their operations in off-shore countries that supply legal gambling licenses and also using off-shore money transfer services. But even doing that has its risks as can be seen from the recent arrests of the founders of companies like PokerStars, Full Tilt Poker, and Absolute Poker.

The United States judiciary system seems to target only the largest online gambling operators (many of them quoted on the Stock Exchanges), which leaves the market open for the smaller companies. Indeed, we see a spike in these smaller companies’ business turnover as gambling enthusiasts moved over to them after their main resources were cut off.

According to Department of Justice the companies allegedly tried to circumvent UIGEA rules with the help of others who acted as “payment processors” by helping to disguise gambling revenue as payments for non-existent goods such as jewelry or golf balls. A bank in Utah was charged as an accomplice.

State Laws:
There are no States at the moment that issue online gambling licenses.

The question if online gambling is legal in some States is a complex one, since many States do not have explicit laws on this question. Nevertheless, the following States have instituted specific laws that prohibit internet gambling that make it illegal for their citizens to participate in online gambling activities:

Illinois
Indiana
Louisiana
Montana
Nevada
Oregon
South Dakota
Washington
Wisconsin

That does not mean that States not on the list allow online gambling – there may just not be a specific current law dealing with that issue.

New Jersey seems to be the first State that is moving towards legalizing online gambling.

We are indebted to http://www.gambling-law-us.com for the following information on the different gambling laws of the individual States:

(Follow the links attached to each State to get the details of the specific legal situation)

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling license belarus, how to license a casino in Belarus

Gambling license belarus

Republic of Belarus, is a landlocked country in Eastern Europe bordered by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Hrodna (Grodno), Homiel (Gomel), Mahilyow (Mogilev) and Vitsebsk (Vitebsk). Over 40% of its 207,600 square kilometres (80,200 sq mi) is forested. Its strongest economic sectors are service industries and manufacturing.

Corporate tax: 24%
Gambling tax: TBA%

Who manages E-Gambling in Belarus?

Gambling activities in Belarus are licensed by the Ministry of Sport and Tourism under the presidential decree on gambling issued on January 10, 2005.

Gambling license Belarus – Overview:

On January 6, 2012 a law went into effect making it illegal for the citizens of Belarus to access any foreign websites or any site not hosted on a .by domain. Businesses and individuals cannot provide services through domains not registered in Belarus and owners of Internet cafes or similar facilities can face charges if Internet access is not monitored and reported for violations of the law.

Users of Internet cafes are required to identify themselves, and records of their computer usage are kept for one year. The law goes as far as to monitor individuals with guests in their homes who may visit a foreign website while visiting – the owner is bound by law to report it or face charges. Internet Service Providers are required to register with the Ministry of Communications and Information. ISPs are to provide details of their network, systems, and information resources and disclose all devices connected to the network such as computers and mobile phones. The charges against individuals are a misdemeanor and they can be fined up to $125 USD. The Belarus tax authorities, police, and secret police will be responsible for investigating and prosecuting offenders of the new law.

Who to contact for a Belarus gambling license:

Address:
Ministry of Sports and Tourism
8 Kirov Street
Minsk
Belarus 220050
Website: www.mst.by
Fax: +375 22 776 22

Online casinos licensed in Belarus:

SuperLoto

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling license Bosnia and Herzegovina

Gambling license Bosnia

Bosnia and Herzegovina, is a country in Southeastern Europe located on the Balkan Peninsula. Sarajevo is the capital[1] and largest city.[5] Bordered by Croatia to the north, west, and south; Serbia to the east; Montenegro to the southeast; and the Adriatic Sea to the south, with a coastline about 20 kilometres (12 miles) long surrounding the city of Neum.

Corporate tax: 10%
Gambling tax: TBA%

Who manages E-Gambling in Bosnia?

The “Republicka Uprava Za Igre Na Srecu” (RUIS), which is the gaming regulatory board under the Ministry of Finance at Republika Srpska (an entity of Bosnia and Herzegovina)

Bosnia Gambling License – Overview:

In January 2011, Republika Srpska granted the first Internet gaming license to WILLIAMS, a land-based bookmaker and slot hall operator. WILLIAMS’s online gaming site WWin (wwin.ba), offers sports betting and casino games to players throughout the region. Any player that is not registered or does not have an account in a bank within Republika Srpska will be banned.

To ensure winnings payout, organising games of chance fees, and other liabilities can be paid, an Internet games of chance organiser must have a dedicated deposit in the amount of 1.000.000 KM at the bank with a seat in Republika Srpska during the permission period or a banking guarantee in that amount. Consent for activating a banking guarantee for winnings payout is issued by the Board. If activated, the organizer is obliged to renew the banking guarantee within a maximum of 30 days.

Organisers must pay a fee in the amount of 4% of the basis, which consists of total stakes minus total winnings.

What does a Bosnia gambling license cost:

200.000 KM is paid for permission to organise Internet games of chance.

Licence Length:

TBA

Software Testing Requirements:

All equipment must be located in the territory of Republika Srpska, which refers to hardware and software used by players to participate in games of chance through the Global Internet Network (GIN); Internet games of chance organisers must ensure functional IT equipment which enables connection with the Board’s IT system for supervision and control of financial activities.

Regulator Contact Details:

Address:
The Ministry of Finance of the Federation of Bosnia and Herzegovina
Mehmed Spahe 5
Sarajevo
Bosnia and Herzegovina
Website: www.fmf.gov.ba
Email: info@fmf.gov.ba
General Information: +387 33 253 400

Online casinos licensed in Bosnia:

WWin
For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling License Australia

Gambling License Australia

Gambling Laws Australia

Australia has been enjoying legalized gambling since its first casino, The Wrest Point Hotel Casino, opened in February 1973. Since then it’s become a well-known fact that Australians are among the world’s biggest gamblers with roughly 80% of Australia’s residents engaged in gaming activities of some kind. There is at least one casino in each region offering a wide range of gambling products. Overall, Australia enjoys an active and legal gambling system which is quite liberal.

Gambling and Licensing

There is no single gambling authority which regulates gambling throughout the whole of Australia. Instead, each of the eight mainland States and Territories individually regulate gambling activities within their respective jurisdictions. There is also a series of Federal statutes which cover aspects of gambling activity throughout Australia.

Each State and Territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. Throughout Australia, the ACMA is the body responsible for media and communications regulatio, including monitoring and enforcing the regulation of gambling online and over the telephone.

Below is a list of the organisations which regulate gambling in each area:

Gambling Licence Australia - australian 100 dollars fxstreet. com

On the other hand, online gambling in Australia is handled by the Commonwealth. The Interactive Gambling Act was passed in 2001 and made it illegal to offer games such as poker and online casino games to Australian players. With this being said, Australian-based companies are allowed to offer these online games to players outside of Australia.
The only form of online gambling which is completely legal is betting on auto racing, sports betting, and online lotteries. However even sports and auto racing betting may only take place before the game and not during the actual event.

The following licences generally apply:

Operator licences are required for casinos, retail wagering, lotteries, keno, and instant lotteries.

A bookmakers licence is required for sports and racing bookmaking and typically includes fantasy sports betting.

A gaming venue licence and a permit/license for each gaming machine is required in order to operate gaming machines within Australia. The number of gaming machines in each state and territory is strictly regulated and the number of machines one venue is allowed to operate is limited based on the type of licence. For more information visit https://www.sa.gov.au/topics/business-and-trade/gambling/gaming-licences/gaming-machine-licence

Poker which takes place outside of a casino is permitted, provided that no person gains a percentage or share of the amounts wagered.

Bingo laws and licences differ between states and territories.

Maintaining Your Licence

Operator licences are typically long-dated but the duration of a major operator licence depends on the legislation within each state and territory. Gaming machine licences generally don’t expire except in Victoria where they are valid for 10 years. Casinos must go through a periodic licence review, generally every five years. Overall, fees and licence renewal really depends on the state or territory.

Whilst revoking and suspension of licences is generally quite low, all gambling related licences carry strict requirements relating to responsible gaming, including very strict advertising laws. For example, a large Australian gambling company had to pay a civil penalty of AUS $45 million to Austrac for admitted breaches of the AML/CTF Act. Failure to comply with Austrac can result in civil penalties and possible criminal exposure.

In order to make sure your gambling business complies, you’ll need to have certain systems and controls in place:

Customer identification
Proper record keeping
Providing Austrac with information about financial transactions
Reporting any suspicious customers or activities
Assessment of money laundering and terrorism financing risks
Having a AML/CTF program in place

Australia is working on tighter regulations in relevant gambling and related laws, including unlawful gambling events.

Reporting Requirements

The main body involved in investigating prohibited gambling activity is the Australian Communications and Media Authority (ACMA). They manage a formal complaints process where you can report any suspicious activity or complaints via their online complaint form. Many of the individual state and territory authorities also offer online forms.

Gambling Licence Australia - signing document

Anti-money Laundering

The money laundering and terrorism financing regulator in Australia is Austrac. Austrac is an Australian Government agency which forms part of the Home Affairs portfolio and reports to the Minister of Home Affairs. All suspicions of money laundering and/or terrorist financing must be directed to Austrac. Money laundering and terrorism financing can result in civil penalties and possible criminal exposure.

Corporate Tax

All companies are subject to a federal tax rate of 30% on their taxable income. This excludes small businesses which are subject to a rate of 27.5%.

Gambling Licence Australia - tax time sbs. com. au

Gambling Tax

Gambling taxes in Australia depend on the relevant licence, product and state/territory. Casino taxation is determined on a case-by-case basis. At the Australian Government level, the gambling tax is payable at a rate of one eleventh on the player loss of a gambling business – this applies across all forms of gambling. However, the four main types of gambling (wagering, gaming machines, casinos, and lotteries) are taxed differently by each state/territory government.

Casinos, wagering and gaming machines are taxed based on player loss (a measure of revenue) at a rate of 20% – 35%. Lotteries however are taxed far more heavily than any of the other forms of gambling, with tax rates on player loss ranging from 45% – 90%.

Winnings are not taxed in Australia as they are not seen as a form of income.

Australian licensed online casinos

Online casinos are banned in Australia and for this reason, no legal list of casinos exist.

Australian licensed land based casinos

Northern Territories
Mindil Beach Casino and Resort: Darwin
Lasseters Hotel Casino: Alice Springs

For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

Gambling License UK

Gambling License UK

The UK has one of the safest gambling and betting platforms in the world. Gambling is completely legal and governed by strict laws which are regularly checked and updated. Hearing this, it might surprise you to hear that the UK online gambling industry was unregulated up until 2005. In most countries, this is still true. However, the UK put in place new licensing laws and now runs a fully legal and secure online gambling and betting platform alongside its land operations. Everyone who wishes to provide a gambling service must adhere to the laws in place and must carry a license. In order to apply for the license, companies are required to demonstrate that they have several protections in place in order to prevent crime and protect its customers.

Gambling and Licensing

Gambling in the United Kingdom is regulated by the Gambling Commission. This is done on behalf of the government’s department of Culture, Media and Sport under the Gambling act of 2005. They cover most gambling except spread betting and other forms of index betting – which falls under the financial conduct authority.

In order to open and run gambling services in the UK, one must apply for a license through the Gambling Commission and pay a registration fee. The commission has an online application process available in order to streamline the process. You can expect an operating license application to take around 16 weeks to process, assuming you have supplied all the correct information and documents. If the application is rejected due to incomplete information, your registration fee will be refunded and you will receive a letter explaining which documentation was missing. You will then have to re-register and include the missing documents.

Gambling License UK Costs

Setting up a licensed casino is an involved process and the cost depends on how much work you are prepared to do yourself. If you were to use a consultant to go through the process for you, expect to pay around €25,000.

So what will a consultant assist you with?

  • Complete Process – Administration and Application (excluding UKGC fees)
  • Drafting a business plan
  • Financial prognosis
  • System documentation

Once the UKGC license has been issued a number of ongoing compliance requirements need to be met to ensure that the license is maintained without encountering any issues with the UKGC. Expect to pay €1200 per month to a good management company to maintain this for you. Services would include:

  • Submission of quarterly custom funds report
  • Calculation of submission of gaming tax
  • Submission of ad hoc forms and notifications to the UKGC in case of any information security bnreaches or other key events.
  • Liaising with the UKGC as required and informing the client accordingly of any new changes/devel-
    opments;
  • Notification of any changes in corporate control.
  • Submission of any ADR (Alternative Dispute Resolution) cases;
  • Attending UKGC meetings as required;
  • Updating / Changing of company Policies and Procedures as may be required by UKGC regulations
    or internally;
  • Ongoing review of changes made to website text and adverts, to ensure they are compliant with UKGC requirements
  • Submission of any suspicious betting activity.

Note other fees may apply such as VAT and office expenses.

Maintaining your UK License

In order to maintain your license, you will have to pay a yearly fee. This licensing fee varies depending on factors such as your annual gross receipts, the type of establishment, the number of establishments, and so on.
For example: A remote gambling site who allows patrons to bet on horse races and earns more than £500 000 but less than £5 million would pay around £7169 per year.
If you’d like to know more regarding the specific fees for your services you can contact the Gambling Commission via their website.

All annual fees are due within 30 days after your license has been issued, and then every year following. You can even pay your fee online via the commission’s eService. If your license fee is not paid on time, your license will be revoked following which you will have to reapply.

Once you have applied for and received your license it will last indefinitely unless it is:

  • Revoked
  • Suspended
  • Lapses, due to bankruptcy or death for example
  • Forfeit for example in the case of a court order following conviction of a relevant offence
  • Surrendered by choice

Reporting Requirements

Gambling and betting services are required to report to the Gambling Commission in certain areas. These include:

  • Alternative dispute resolution – licensed gambling operators are required to meet certain standards when handling complaints.
  • Anti-money laundering
  • Change of corporate control
  • Information on security breaches
  • Protection of customer funds
  • Suspicious betting activity (betting license holders only)

This list is not exhaustive and for more information one can visit the commission’s website. The website contains a full list with links to information on how each one works.

UK Gambling anti-money laundering

This is one area where the commission is strict on reporting. They require that any gambling operation keep up to date with assessments of money-laundering risks and management. This includes making sure the appropriate policies, procedures, and controls are in place. As an operator, it is your responsibility to keep financial crime at bay. This is particularly pertinent for remote and non-remote casinos that have additional responsibilities under the Money Laundering Regulations 2007. A key requirement is for these casinos is to make checks on customers.

UK Gambling Tax on casinos

Corporate tax, as of the 2015 budget, sits at 18% for 2017, 2018, and 2019. This tax is due to drop to 17%  as of 1 April 2020.

Gambling operations are subject to different duties which fall under seven categories.  All these duties have the same general structure in that the operator is taxed on the net profits. This means that the tax is levied as a percentage of the net amount received by the operator, less the amount which has been paid out to players in the form of prizes or winnings. Gambling sites are required to pay a 15% levy on their earnings.

UK Gambling Software Testing

All gambling software and remote operating license holders in the UK must comply with the commission’s technical standards and requirements. These include pre-release testing of games and RNG’s, post-release performance monitoring, annual information security audit and annual games testing audit. The Gambling Commission’s website contains all the information in a pdf format. This also includes testing fame fairness, field product certification and information security.

UK Licensed Casinos

The UK offers a wide range of popular online casinos.

Genesis Casino
LeoVegas
Play Ojo
FansBet
Grosvenor Casinos

Non UK Licensed Casinos

Many casinos are licensed outside of the UK. Popular licensing jurisdictions include Curacao, Malta, Kahnawake which are essentially grey markets.

Alternatives to a UK Gambling License

The UK is known for its beaurocracy and this is a downfall for UK licensed casino operators who can become overwealemed by the seemingly endless beaurocracy that a UK Licensed casino will demand. As a result of this many operators have been looking abroad to license in less beaurocratic jurisdictions. A Popular choice is to obtain a Curacao license or white label.

How to contact the UK Gambling Commission

info@gamblingcommission.gov.uk Tel: 0121 230 6666

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for further information.

Gambling Licence Canada

How to get a Gambling Licence in Ontario and British Columbia, Canada

Gambling License Canada (British Columbia)

British Columbia, Canada, has a proud history of an exceptionally well-managed gaming industry. This comes down to the fact that it is very tightly regulated and is in fact a provincial Crown monopoly. With exceptions for charities and local fairs, no person or entities other than the provincial government itself is legally permitted to supply gambling facilities or services in Canada. The money which is generated by gambling in British Columbia is used to provide health care and education for the people, and supports economic development in local communities. Gambling has long been a source of entertainment in B.C. for anyone over the age of 19, and has been a fantastic revenue driver and tourist attraction.

Gambling and Licensing

Gambling is regulated by The Gaming Policy and Enforcement Branch (GPEB). This body ensures the integrity of the industry and its companies, people, and equipment. The GPEB is also responsible for investigations into allegations of illegal activity and misconduct. Their scope of regulation includes lotteries, casinos, commercial bingo halls, all gambling services providers and workers, the horse racing industry, and all licensed gambling events. All this is done under the provincial Gaming Control Act and Gaming Control Regulations as well as Canada’s Criminal Code.

Due to the monopolistic nature of the gambling industry, licenses are not needed unless one is applying to host a gambling event to fundraise for the benefit of their community.

What one can do is register as an operator or supplier of goods and/or services within the industry.

This can be done by filling out three forms:

– an application for registration
– an enterprise disclosure form
– an personal disclosure form.

Gambling Licence BC -dixe pexels

The applicant will then be put through a risk assessment which involves reviewing their application material and information obtained in a standard background check. This information is evaluated based on the following five criteria:

– honesty and integrity
– financial responsibility
– compliance with the law
– registration type
– financial gain from registration

Once these checks have been done and the applicant approved, they are then restricted by the terms of the contract entered into with whichever agent of the crown to whom they will be supplying goods or services.

Maintaining Your License

As an individual or business may not hold a license, they are simply registered to supply goods or services to the existing gambling industry run by the provincial government. Registrations however may be revoked. This may be done for any number of reasons but only after ‘disciplinary action short of revocation.’

However, prosecution of gaming offenses is rare due to the monopolistic nature of the industry and the resulting lack of private operators. The legislation which governs gaming is criminal so any prosecutions would be criminal in nature. The rare occasions of charging usually involve illegal card houses or sites hosting illegal gaming activities.

Reporting Requirements

If you need to report any suspicious gambling activity or any wrongdoing related to gambling in B.C. then you can either submit a report online or contact the Gaming Policy and Enforcement Branch via email or phone. You are also welcome to contact your local police department.

Online service: record a complaint
Toll-free within B.C.: 1 800 663-7867 ask to be transferred to one of the numbers above

Anti-money Laundering

All money laundering offenses are prosecuted at a federal level and are handled by the Public Prosecution Services of Canada. Maximum penalty is imprisonment for a maximum of ten years. You could otherwise walk away with a fine of up to CAD$5000 or serve a prison term of up to six months, or both.

By the Proceeds of Crime (money laundering) and Terrorist Financing Act (PCMLTFA) all financial institutions and businesses must maintain a compliance program, appoint a compliance officer, and conduct an assessment of money-laundering and terrorist-financing risks. Further rules include recordkeeping, identity verification, and ongoing monitoring and reporting.

Tax

As majority of private corporations operating in the gambling industry in Canada are, of necessity, merely registered suppliers of gambling products and services to the provincial governments, there are no industry-specific taxes or levies. Such companies are required to comply with generally applicable federal and provincial income tax laws, but there is no separate regime of taxes within the industry.

Gambling Licence BC - messy desk pexels

Software Testing

There is no legislation or case law that specifically criminalises or otherwise prohibits the provision of digital gaming by private companies however all levels of government and all the provincial regulators have taken the position that such operations are illegal and should be shut down.

There have also, to date, never been charges laid against offshore operator so the law in that regard remains untested. Neither the provincial or federal government have taken steps to limit access to such sites.

Fantasy leagues and eSports remain in the grey zone in terms of legality in Canada.

Gambling Licence – Ontario

With a gambling history that dates back to the 14ht century, Canada has a rich history in gaming and Canadians enjoy the sport as much as any other country. In Fact, statistics show that 8 out of 10 Ontarian residents enjoy gambling on a regular basis. However, gambling in Ontario only really took off when their first casino was built in 1993. It was named the Casino Windsor and brought with it the promise of many jobs and plenty money. Despite some nay-sayers the casino was a roaring success which led to the opening of many more, including Casino Rama and Niagara Fallsview Casino Resort. As seen throughout Canada, Ontario gambling is also well-controlled and mostly monopolized. Canada’s largest province is currently home to some 25 slots and casino locations with exciting new possibilities in online gambling.

Gambling and Licensing

Gambling in Ontario is regulated by the Alcohol and Gaming Commission of Ontario (AGCO). AGCO is a provincial regulatory agency which reports to the Ministry of the Attorney General. It was formed under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act of 1996. This means that they are responsible for regulating the alcohol, gaming, horse racing, and cannabis retail sectors within Ontario.
They oversee casino gaming, Ontario Lottery and Gaming Corporation (OLG) lotteries, charitable gaming, internet gaming, and horse racing. There are six classes of registration:

  • Commercial gaming site operators
  • Gaming related suppliers
  • Non-gaming related suppliers eg. Construction, furnishing, maintenance and repair not directly related to the playing or operating of the gaming site.
  • Category 1 gaming assistants
  • Category 2 gaming assistants
  • Trade Unions

Most lottery and gaming registrations must be done online via the iAGCO portal, this includes renewals. You must create an account and follow the steps given.

For horse racing, you can apply:

– in person at an ACGO Racetrack Licensing office
– by mail. Download the applicable licensing forms, complete them and send to the AGCO head office with the appropriate licensing fee
– by fax or email. Download the applicable licensing forms and complete them. Fax or scan and email to the AGCO head office. Fees can be paid (by Visa or Mastercard) over the phone with AGCO head office.

Maintaining Your License

To maintain your licence you will need to pay the yearly fee and make sure that you/your gaming operation continues to abide by the laws and regulations upheld by the AGCO.
Licensing fees vary depending on what gaming service you offer. For example, there are different fees for different operators:
Operator of a Charitable Gaming Site (4 or more events per week) – $12,000 / site
Operator of a Charitable Gaming Site (3 or less events per week) – $700 / site
Operator of a Commercial Gaming Site – $100,000 / site
Gaming assistants also need to pay fees, for example:

Category 1 Gaming Assistant (Employee with Significant Supervisory or Decision-Making Responsibility) – $300 p/a
Category 2 Gaming Assistant (Employee without Significant Supervisory or Decision-Making Responsibility) – $165 p/a
For a full fees schedule from the AGCO please click here. (https://www.agco.ca/sites/default/files/6083_g_feeschedule.pdf)

Once you have a licence it is your responsibility to make sure it does not expire.
If a licensee does not comply with the laws and regulations there are penalties such as warnings, fines, and even imprisonment. For example, if an individual is convicted they will be liable for a fine of $50 000 or imprisonment for no more than one year, or both. If a corporation is convicted then they will be issued with a fine of no more than $500 000. Each person has the right to a hearing and may request one in writing to be served to the Registrar and the Tribunal within fifteen days of the notice. The Registrar may also issue an immediate order for compliance.

Reporting Requirements

All reporting of suspicious or illegal activity can be made to the Ontario Lottery and Gaming Corporation (OLG).

OLG has established a reporting system which allows anonymous reporting on suspected unethical, illegal or fraudulent activities. A person may report in the following ways:

By visiting www.clearviewconnects.com
Calling toll-free 1-866-637-4523
Mailing your report to CLEARVIEW, P.O Box 11017, Toronto, ON M1E 1N0

Anti-money Laundering policy

Reporting any suspected money laundering or terrorist financing can be done via FINTRAC.

All money laundering offenses are prosecuted at a federal level and are handled by the Public Prosecution Services of Canada. You could otherwise walk away with a fine of up to CAD$5000 or serve a prison term of up to six months, or both. Maximum penalty is imprisonment for a maximum of ten years.

By the Proceeds of Crime (money laundering) and Terrorist Financing Act (PCMLTFA) all financial institutions and businesses must maintain a compliance program, appoint a compliance officer, and conduct an assessment of money-laundering and terrorist-financing risks. Further rules include recordkeeping, identity verification, and ongoing monitoring and reporting.

Tax

In Ontario the corporate income tax rate is roughly 11.5%.
Unless you are a professional gambler who earns an income from gambling activities, you will not get taxed on your winnings.

Examples of Online Casinos

There is only one online casino regulated by AGCO. PlayOLG is offered by OLG and includes interactive casino-style games such as slots, Blackjack, Baccarat, Poker, Roulette as well as the ability to buy OLG lottery tickets online.

As of April 2019, Ontario was set to change its laws and decided to finally open online gambling to private companies. Whilst this will take time, we hope to see a number of popular gaming sites available by the end of 2019.

Contact Details for the Regulator

Online: iAGCO
Telephone:
Monday to Friday 8:30am – 5:00pm (EST)
Toll-free in Ontario – 1-800-522-2876
General – 416-326-8700
Mail or in person:
Alcohol and Gaming Commision of Ontario
90 Sheppard Avenue East
Suite 200-300
Toronto, Ontario, M2N 0A4

Alternative Online Casino Licenses
If you are looking to license a casino, it is likely best to look towards an alternative jurisdiction since Canada has only one licensed casino and the likelyhood of another is quite remote.
For more information:
Get in touch should you be interested in obtaining a rmeote gambling license for your business.

Get in touch:

I have years of experience with gambling hosting, casino games, Curacao gambling licensing and online casinos

FURTHER INFORMATION ON CURACAO GAMBLING LICENSES

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for further information.

Curacao RNG Certification | RNG Certificate for your casino game

If you want a Curacao Gambling License, you will need Curacao RNG certification for your game.

The Curacao RNG certification process

To obtain a Curacao gambling license, one of the pre-requisites is an RNG (Random Number Generator) certifciate for your game(s). You will need this in order to offer any type of rng gaming and without it, your games can not be offered legally to end users under a Curacao license. In order to obtain an RNG certificate, an authorised certifier will need to test your software.

The end to end process will cost in the region of €3700 and will take at least 4 weeks to complete.

What does a Random Number Generator Do?

The purpose of an RNG (Random number Generator) is to output unpredictable numbers in such a way that the outcome can not be pre-determined. This is especially important in gambling related games.

RNG Testing service

Should you wish to have your RNG tested, get in touch: Skype: Brendanjnash Email: brendan [at] gamblingtec.com WhatsApp: +44 (0)7498105896

Use our pre-certified library

If you are in a hurry and need your certificate in a short space of time or do not wish to go through a lengthy certification process which may fail, you can use our library which has passed RNG certifciation for the Curacao license.

You can use our certified rng library which is on packagist or a third party api implementation of it here.

Once your game is using our RNG library, get in touch and we will provide you with the require RNG certificate.

RNG test utility

Should you be interested, we have written a command line RNG test utility which uses our library and includes some simple games and card shuffling methods.

Types of random number generators

  • Lottery number generator
  • Lucky number generator
  • Raffle number generator
  • Pick 4 generator
  • Card shuffle RNG
  • We can assist you with software for your RNG needs.

    How much does an RNG certificate cost?

    On average you will pay between €3000 to €4000 to have a games RNG mechanism certified. And this will take around 4 weeks to complete. If you are in a hurry, for a similar price you can use our RNG library which has a short turn around time. Having said this, each game is different and you would be advised to request a quote.

    When certifying multiple games, it would be wise to use the same RNG mechanism for each game to reduce costs.

    Get in touch

    We can assist you with your games licensing as well as third party RNG libraries. We work closely with certifiers and regulators and are able to get your game RNG ready for your licensing needs.

    Curacao RNG certification

    How to license a Cryptocurrency casino

    If you are involved with cryptocurrency casinos, chances are, you have wondered How to license a Cryptocurrency casino?

    About cryptocurrency

    The creation of cryptocurrency and digital currency has revolutionised online gambling. The first digital currency was introduced in 2008 and today there are over 1500 different crypto currencies and growing. Bitcoin is the most popular and the first. There are a number of online casinos that accept digital currency, therefore knowing what qualities to expect from good Crypto Casino’s is important.

    Here are a few qualities to consider:

    1. Fast deposits and withdrawal: All crypto currencies boast a fast deposit and withdrawal speed, these transactions should be done in a few minutes.
    2. Transaction fees: These are much smaller when depositing and withdrawing cryptocurrency.
    3. Anonymity: Usually only your email address is required. This anonymity also allows users, located in countries where online gambling is forbidden, to access and play at online casinos.
    4. Verifiable game results: Via provably fair protocols – numerous crypto casinos offer a provably fair feature, which users can utilize in order to verify whether their roll is authentic or has been tampered with. This provably fair system guarantees fairness of games. The transparency of blockchain can also be used to further prove fairness.
    5. Higher pay outs: Any high quality crypto casino will offer high pay outs across all games.
    6. Lucrative Offers: Be on the lookout for welcome bonuses and in-house game promotions. Loyal Bitcoin gamers may also qualify for exclusive VIP reward systems where they are handsomely rewarded.

    Cryptocurrency casino checklist

    1. Proper licensing from a recognized gaming jurisdiction.
    2. 24 hour customer support in case of any queries.

    Are cryptocurrency casinos legal?

    The big question on many minds – is cryptocurrency gambling legal? The short answer is currently, yes. As it isn’t an official currency, ‘playing’ with it doesn’t differ much from playing with any other virtual currency. In addition, if you have acquired your cryptocurrency anonymously then it becomes almost impossible to ban, restrict, or regulate. We wrote an article on Bitcoin casino licensing which should give you some more insight.

    How to license a cryptocurrency casino?

    A cryptocurrency casino is licensed no differently than a normal casino. There are certain restrictions that may be put in place, for instance, Curacao licensed casinos can not act as a type of exchange or financial services entity and for this reason, if they accept Bitcoin, they must not convert this into any other currency. This can easily be circumvented by using a third party PSP who does the exchange for you.

    Why license your cryptocurrency venture?

    We speak with prospective casino owners on a day to day basis and it is a common question as to the point of licensing a pure crypto casino. One of the many reasons is accountability. A licensed casino is required to adhere to certain rules and regulations as enforced by the jurisdiction in which it works. This may be to ensure that games are fair or to have enough funds to payout players. Another reason is that by licensing under a jurisdiction, you are protected from third party law suits who may claim (right or wrong) that you are operating your cryptocurrency illegally.

    How to get started?

    When considering licensing your venture you may be interested in obtaining either a Malta gambling license or a Curacao gambling license. You also have an option to setup a white label type solution as well which is affordable.

    GamblingTec.com can power your cryptocurrency casino

    While regulations in most jurisdictions are still green, a time will come when games of skill will need to be regulated. In cases where they do, you are free to ingerate your games into the GamblingTec.com platform which operates off a gambling license.

    For more information: licensing for game developers

    I have years of experience with gambling hosting, casino games, Curacao licensing and online casinos

    Get in touch

    Where can a Curacao gambling license be used?

    If you are thinking of getting a Curacao Gambling License, you will better understand how and where a curacao gambling license can be used once you understand the seven types of gambling jurisdictions which are seen across the world.

    1. Jurisdictions which allow no form of online gambling for example China, Turkey, UAE, Brunei, Cambodia, North Korea, Japan, Singapore, Quatar, Lebanon, Poland (Note, this list may not be accurate and is provided as a reference).
    2. Jurisdictions which allow only licensing for online gambling operators but do not allow them to provide services within the country and does not allow any foreign license holders also to operate.
    3. Jurisdictions which allow only licensing for online gambling operators but do not allow them to provide services within the country, but they impose no restriction on any foreign license holders to operate. (ex. Costa Rica).
    4. Jurisdictions which have no laws on online gambling (ex. India).
    5. Jurisdictions which allow online gambling only through operators registered in the same country or state (ex. Some states in the USA).
    6. Jurisdictions which allow online gambling by its residents through licensed operators from selected countries but have no domestic laws (ex. Most EU Countries which allow EU licensed operators to accept customers from their countries).
    7. Jurisdictions which allow online gambling by its residents through licensed operators from the home country and selected other countries (ex. Most EU Countries which allow EU licensed operators to accept customers from their countries).

    Now, no online gambling operations are possible with a Curacao license in the first two categories of countries (1,2) and countries which fall under Category 5.

    So, with a Curacao license, operations will be possible in countries which fall under Category 3 and a few countries under Category 4, 6 and 7. This also means that for the other countries under Category 4, 6 and 7 you will have to acquire specialised licenses.

    To Qualify the above

    The Curacao license strictly forbids the following countries Aruba, Bonaire, Curacao, France, The Netherlands, Saba, Statia, St. Maarten, Singapore, USA.

    All other countries are fair game.

    Advertising may be limited

    Your operation will be limited by its ability to legally advertise in some jurisdictions without a local license. For instance, Australia is not forbidden by the Curacao license, however, you will not be able to take out a centerfold advertisement in their local newspapers without Bruce, understandably, getting upset.

    Payments may be limited

    In addition to advertising restrictions, your operation will be limited by its ability to accept payments in some jurisdictions. Payment service providers will often block card payments from jurisdictions where you need a local license.

    Cryptocurrencies are a curve ball

    Bitcoins and other Altcoins changes the above somewhat in that, there is no way for regulators to regulate its use and in some jurisdictions they are not considered a “currency”. In these instances, you would be able to offer your service to anyone able to pay with cryptocurrency so long as you do not actively target the forbidden countries as stipulated by the Curacao government.

    How to get a license

    We work with GamblingTec.com, a white labeling service provider which will be your fastest route to getting a gambling license.

    Additionally we offer a Curacao and a Malta licensing opportunity which may suite your needs.

    Get in touch, we are a wealth of information and can help you make an informed decision.

    I have years of experience with gambling hosting, casino games, Curacao licensing and online casinos

    Contact us for a quote

    Malta Controlled Skill Game regulation

    As of the 24th January 2017 the Malta Controlled Skill Game regulation has been in force. The MGA has been entrusted with the governance and regulation over the skill games sector which is covered in the Lotteries and Other Games ACT, article 78.

    The MGA is empowered to regulate the sector in terms of a number of public policy objectives including consumer protection, fairness of the game and the prevention of fraud.

    The purpose of the Controlled Skill Game regulations is to address a range of games which vary substantially from typical games of chance with the aim of differentiating between games that require state intervention and those that do not.

    The MGA is empowered to issue a “Controlled Skill Game” license which is valid for 5 years (and renewable there after). The license additionally covers Controlled Skill Game Suppliers who offer games on a B2B basis. The license is subjected to a number of requirements including vetting of the persons behind the business, financial system auditing to ensure the system is sound and secure, measures are in place to prevent fraud and money laundering, segregation of player funds and a consumer centric approach to the business.

    What fees apply to Controlled Skill Games?

    License holders are subjected to administrative fees and a 5% tax over gaming revenue.

    What games fall under the Controlled Skill Games license?

    Games which are based on a random number generator at the start of the game, such as cards or dice, but which rely on skill as the game progresses, such as is in the case of games such as belote, tarot, rummy or backgammon, should be licensed, but in such a way as to be deemed different to gambling.

    How do I know my game is a game of skill?

    Regulation 3 of the regulation deals with classification of a game and criteria covers:

    • the presence of random draws and their effect on the outcome;
    • whether the game is played for money and, or prizes with a monetary value;
    • whether participation in a game involves any form of monetary commitment, or commitment of a monetary value
    • the possibility of any negative social impact of the game;
    • whether the activity is closely associated with games of chance and/or gambling;
    • the duration of each event, competition or match;
    • whether, on the face of it, a skilled player is able to win more than an unskilled player;
    • whether a player’s chance of winning is significantly increased by experience in playing the game
    • whether skill can be acquired through training, experience, reading literature or other educational material;
    • whether a rule-set or format that is used further nullifies the effect of any element of chance;
    • whether the game is played against other human players, or otherwise;
    • the level of interaction between the players, the level of interaction between the operator and the players, and the level of intervention by the operator during the event, competition or match; and
    • the complexity of the game, including the amount of player choices and their potential effect on the outcome, and the strategies involved.

    Provided that when the Authority determines, basing itself on any one or more of the above criteria, that an activity is more akin to a game of chance or a game of chance and skill than to a skill game as intended by the Act and any regulations made thereunder, then such an activity shall not fall within the
    parameters of this Schedule

    Fantasy sports, for instance, will now fall under a Controlled Skills Game license

    I have a gambling license, do I need a Controlled Skill Game license as well?

    According to the paper titled Digital Games of Skill with Prize (December 2015) it is not worth getting a classification for your skilled games.

    An operator offering both traditional games of chance via the internet, as well as games of mixed chance and skill, such as board games, would rather have such games regulated under their gambling licence, as the burden and
    expense of proving that such games are more skill-based is not worth the recategorisation.

    GamblingTec.com can power your games of skill

    While regulations in most jurisdictions are still green, a time will come when games of skill will need to be regulated. In cases where they do, you are free to ingerate your games into the GamblingTec.com platform which operates off a gambling license.

    For more information: licensing for game developers

    I have years of experience with gambling hosting, casino games, Curacao licensing and online casinos

    Get in touch