Slot, for the Supreme Court no gaming machines without the police license
According to the Supreme Court, to allow the use of gaming machines it is mandatory to already be in possession of the license pursuant to Article 88 Tulps, as the one pursuant to Article 86 is not sufficient.
The Supreme Court, Second Civil Section, rejected the appeal presented by two entrepreneurs against the order with which they had been ordered to pay the sum of 55,000 euros in favor of the Excise, Customs and Monopoly Agency for having allowed the use in public place and open to the public, without having the required authorizations, of eleven amusement and entertainment machines (slot machines), in violation of article 110, paragraphs 6 and 7 of the Tulps. In the aforementioned appeal, in fact, "the defect of the subjective element was deduced, pursuant to art. 3 Law no. 689/81, due to the fact that, despite not having the authorization to exercise bets, provided for by art. 88 Tulps, the exercise had nevertheless obtained the release of the license required by Article 86 Tulps ". According to the Supreme Court, "Article 86 Tulps provides - in relation to the automatic, semiautomatic and electronic devices and devices referred to in the following article 110 - the compulsory license for the installation of the devices in commercial or public establishments other than those already in possession of other licenses referred to in the first or second paragraph or article 88 or for installation in other areas open to the public or in private clubs. Therefore, the possibility of installing amusement and entertainment equipment on the basis of the license referred to in Article 86 only concerns premises open to the public that are not already subject to the police authorization referred to in Article 88, as required by that rule 'for the exercise of bets' ". The Supreme Court, therefore, reiterated that" the ratio of the regulatory provision is to prevent the use of amusement and entertainment machines in places not subject to the prescribed police checks, taking into account the social dangerousness of these devices and the need for their use to take place only in places that have received all the authorizations required for the activities carried out in them ".