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Entertainment appliances, no offense if the lack of a public security license is only attributable to the absence of a concessionary title

The Court of Appeal of L'Aquila, with a recent sentence, accepted the appeal of the owner of a physical gaming agency sanctioned by the Customs Agency and Monopoli - Pescara office for having installed 15 entertainment machines and allowed the activity of collection of bets on behalf of the foreign bookmaker Stanleybet without the necessary authorization pursuant to art. 88 Tulps (Consolidated Law on Public Security), reaffirming the consolidated principle in criminal jurisprudence according to which "the configurability of the administrative offense against operators without a public security license in the event of failure attributable solely to the absence of concession title held by the principal foreign operator, who has not participated in tenders held with tenders containing discriminatory clauses in the same way as European Union law". The Court, arguing that the concessionaire's place of sale is equalized with the Stanleybet center discriminated against in access to the concessionaire system according to European Union jurisprudence, specified that "the alleged offense does not exist if - after having requested in vain the authorization pursuant to art. 88 tulps, refused for the sole reason that the principal foreign company was not the holder of the concession - the Italian terminal of a network headed by a foreign bookmaker, authorized to operate in a State of the Union and unlawfully discriminated against in Italy in the assignment of gaming concessions, operates transparently as a subject, contractually linked to the bookmaker, who receives the bets and the money constituting the stake and transmits the data to the bookmaker, eventually paying the winnings on the latter's mandate, according to the scheme for collecting bets through the sales outlets referred to in art. 1, paragraph 2, lett. i), Ministerial Decree 1 March 2006, no. 111".