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It is the Government's responsibility to coordinate regulations pertaining to lawful gaming, but in the meantime FIPE (Federazione Italiana Pubblici Esercizi - Italian Federation of Commercial Concerns) alerts its members to the risks deriving from "poker sportivo" tournaments. The association of owners of commercial concerns has invited its members through its bulletin no. 90, dated 4 December, not to allow the organisation of tournaments within their premises.
This step has been taken following the ruling no. 3237 of 22 October, by the Consiglio di stato (the main legal, administrative and judiciary body in Italy) on the draft proposal that the Ministry of the Interior intends to issue to its peripheral offices. Spreading like wildfire but not authorised by all Police forces, "poker sportivo" has prompted the Ministry of the Interior to intervene as requested by its peripheral offices.
‘Lawful game'
Two years ago online poker was declared lawful: this prompted tournament promoters to think that «live» poker could be deemed to be lawful as well. Therefore today the matter to be set straight according to the Ministry of the Interior is whether the game ‘Texas Hold'em' (the most popular poker version among poker fans thanks also to popular TV programs) should be classified as a game of chance or as a lawful game, in order to verify whether such games should be subject to restrictions and to what extent. To get to the heart of the matter, the ruling given by the Consiglio di stato on 22 October sets out some guidance, to be translated into clear directives by the Ministry of the Interior. What is certain is that little weight shall be given to rewards and stakes: in other words, games are for the pleasure of playing, not for the pleasure of winning. In the meantime FIPE have thought it necessary to let its members know that, beyond the penal aspects deriving from the aggravating circumstances of games of chance held in a commercial concern, such forbidden games lead to the loss of trust in the owner of the business and in consequence to the withdrawal of the licence, with the risk of seizure of the premises by the judiciary. On the other hand, the same Association of owners of commercial concerns states that the observance of the forthcoming directive from the Ministry of the Interior, whose application is compulsory exclusively for the members of the issuing body, i.e. the Police, does not safeguard anybody from the rulings of the judiciary, not at all bound to follow the directives of the Ministry of the Interior.
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