Betting gaming and lotteries law
The issue relates to whether advertising on text services should come under Section 9 of the Betting, Gaming and Lotteries Act , which prevents the. (1) makes a bet on the partial or final result of a game or contest or on the in the state lottery authorized by the State Lottery Act (Chapter No tickets or shares in Lottery Games shall be sold to persons under the age of 18 years. Any person who knowingly sells a ticket or share in a Lottery Game to. GTAW BASICS OF INVESTING
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Bookmakers licenses A person intending to operate as a bookmaker can secure any of the three licenses, which are on-the-course; off-the-course; and on and off the course. BCLB, while considering the application, will also factor in how far the business premises are far from businesses licensed for the sale and consumption of liquor. Betting by means of unlicensed totalizator an offence Effecting a betting transaction by means or permit use of totalisator contrary to a license will be deemed an offence.
Totalisator licenses BCLB may issue any of the three licenses, which are on-the-course; off-the-course; and on and off the course. Further, BCLB may authorize a licensee off-the-course to enter into a transaction through an agent regarding a totalizator to be used on-the-course. To operate as an agent, the person must be appointed by the licensee and approved by the BCLB. Prohibition of laying of totalisator A holder of a totalisator license is prohibited from engaging in a bet transaction whereby licensee agrees to pay for a win of the other party an amount that is dependent on the result of the working of that totalisator on the race; or sells or purchases anything that creates or entitles the purchaser or holder an interest in the result of the working of that totalisator on a horse race or other race; or contracts or bargains to pay or receive money upon an event determined or to be determined by the result of the working of that totalisator on a horse race or other race.
Betting transaction on totalisator after time of race It is prohibited for the totalisator license holder to receive or permit betting transaction after a race has commenced; registering any money received on the totalisator once the race starts; taking into account any betting transaction not registered on the totalisator; or permit payment calculated contrary to s 31 of the BLGA. Pool betting schemes Any person engaging in any activity related to pool betting contrary to a licensee issued or without a licensee is committing an offence.
The offences include transferring money — resulting from that illegality — out of Kenya. However, where a publication of an advertisement or notice in a newspaper printed outside Kenya and normally circulating within Kenya shall not be an offence if the scheme to which the advertisement or notice refers is promoted outside Kenya.
Licenses in respect of pool betting schemes The licenses available under this bracket are promoter's license, principal-agent license, and agent license. Authorization of bookmaking at race meetings If the promoters of a race meeting desire bookmakers to carry on business at the race meeting, they will apply to the BCLB to secure approval.
Prohibition against touting A person who touts or otherwise personally solicits the patronage of members of the public with a bookmaker off the licensee's betting premises, or authorised race meeting shall be guilty of an offence. Prohibition against advertising of betting A person holding a betting, bookmaking, or pool betting scheme license can only advertise upon securing approval from the BCLB.
Prohibition against liquor on licensed premises Other than authorized race meetings, licensed betting premises are not allowed to allow the sell, supply, consumption, or permit consumption of any alcoholic beverage. Games of chance Licensed betting premises will not be used in any way to conduct games of chance. Betting with young persons A young person, as per the BLGA, is an individual below the age of eighteen years.
Betting with a young person entails employing a young person on licensed betting premises connected with a pool betting scheme or any betting activity. However, it does not include effecting betting by post or carriage of communication relating to betting for intended conveyance by post. Betting with a young person entails receiving or negotiating a bet through a young person, or sending any circular, notice, advertisement, letter, or other betting related information to a young person.
Betting in public places Betting in public places is prohibited. A police officer may arrest a person for such an offence without a warrant of arrest. Public places include streets. Streets, as per the BLGA, includes bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorway and entrances of premises abutting upon ground adjoining and open to a street shall be treated as forming part of the street.
Tax There is a betting tax that must be paid to the Tax Collector on the 20th of every month. Operating a lottery includes printing, publishing, issuing notices, or advertising. However, where a publication of such an advertisement or notice in a newspaper outside Kenya and normally circulating within Kenya shall not be a contravention of this subsection if the lottery to which the advertisement or notice refers is promoted and conducted outside Kenya.
A person dealing in or intending to operate an unauthorised lottery in Kenya or elsewhere prints a ticket for use in the lottery; sells, distribute, offers, advertises, or in possession of tickets or chances in the lottery; distributes or has in possession any documents or information that relates to the lottery; finds a way to introduce tickets or advertise in Kenya; sending money or something valuable resulting from the unauthorized lottery; or causes or procures anyone to do such activities.
Authorization of public lotteries for charitable purposes A licensee holding a public lottery may seek the BCLB to permit it to effect a charitable lottery that intends to raise funds for social services, public welfare, relief of distress or patriotic purposes or recreational or sporting facilities.
Powers of the Board with respect to public lotteries The BCLB has the authority to set terms that enhance the purposes of the intended activity. These measures will include protecting the purchasers of tickets or chances against fraud. Promoters of public lotteries The BCLB may require that the promoters of a public lottery to form a body corporate under any law. Exemption of certain lotteries conducted for charitable, sporting or other purposes A lottery that is promoted wholly or mainly in favour of a society and for one or more reasons that are charitable; participation or in support of athletic sports, games or cultural activities; or any activity that is not for private gain or commercial nature.
Exemption of small lotteries incidental to certain entertainments A lottery effected as an entertainment incident will be considered as such if the proceeds of the entertainment after the deduction are devoted to a purpose other than private gain. The tickets or chances concerning the activity will be sold at the premises and during the entertainment only.
The opportunity to win a prize should not be the main reason to have people attend. The prizes in the lottery will be in possession, custody of and the disposal of the promoters; ticket or chance will be issued or allotted upon full payment; the pricing of ticket and chance will be the same and indicated on the ticket; all exhibits, notices or advertisements will be within the entertainment premises; no money prizes; and no ticket or chance will be sold at a price exceeding KES.
Private lottery A Private Lottery refers to a lottery promoted to a confined group of people like a society established for social or recreational purposes only; people who work on the same premises; or reside on the same premises. If the lottery is promoted for society members, the person must have written authorization from society's governing body. In this case, a society includes a club, institution, organization, or other association of persons.
Who cannot be sold to lottery tickets The sale of lottery tickets is limited to or by a person aged sixteen and above. Submission of accounts and returns in respect of lotteries BCLB may require lotteries operating under s 40 [exemption of certain kind of lotteries conducted for charitable, sporting or other purposes], s 41 [exemption of small lotteries incidental to certain entertainment], and s 42 [private lotteries] to submit accounts and make returns in a prescribed form.
Lottery tax There is a lottery tax that must be paid to the Tax Collector on the 20th of every month. The cookie is used to store the user consent for the cookies in the category "Performance". It does not store any personal data. Functional Functional Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
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