3. Promotion of exclusion from casinos, including initiatives to encourage individuals who recognize their gambling problems to voluntarily exclude themselves from the casinos, providing them with the necessary support and resources.
4. Creation of a specialised responsible gaming team, with casino concessionaires required to establish a dedicated team or department responsible for overseeing and implementing responsible gaming measures. Tis team will provide assistance, support, and guidance to individuals who may be experiencing gambling-related issues.
5. Training for employees, being casino concessionaires required to provide comprehensive training programmes for their employees to ensure they are equipped with the knowledge and skills to identify and address responsible gaming concerns. Tis training will enable employees to provide appropriate assistance and support to customers who may need it.
Termination tools
Law 7/2022 introduced an important tool for the Chief Executive who now holds the authority to "annul" a concession based on various grounds. Tese grounds include:
1. Treat to national security and the security of the Macau SAR.
2. Agreement with the concessionaire.
3. Redemption, whenever the concessionaire requests it.
4. Non-compliance with the terms of the concession contract, where the concessionaire fails to comply with the terms and conditions specified in the concession contract.
5. Public interest, if the Chief Executive deems it to be in the public interest to do so.
6. Lack of suitability of the concessionaire, whenever it is found to be unsuitable or fails to meet the suitability criteria set forth in the concession contract.
P70 WIRE / PULSE / INSIGHT / REPORTS
Additionally, Law 7/2022 introduces a new ground for termination, which is non- compliance with the investment amount and criteria specified in the concession contract. If the termination is based on a threat to national security, the security of the MSAR, or lack of suitability, it triggers the reversion of the concession, including any ongoing or planned gaming investment projects associated with the concession. Tis means that if the concession is terminated for these reasons, any ongoing or planned gaming investment projects linked to the concession will be reverted or cancelled.
CONCLUSION
Law 7/2022 was not merely a short lifting legislative exercise. It introduced several changes and amendments that aim to achieve the public policy objectives for the gaming industry.
After its enactment, different laws, regulations and other secondary legislation that apply to gambling in Macau were introduced in a true legislative reform that is still ongoing. In fact, in 2022 there were different pieces of legislation approved and published, such as (i) the Regime of operation of casino games of chance, which regulates the activity of the gaming promoters and management companies and the Regulation of the regime of operation of casino games of chance (ii) the definition of whom are the key employees of the operators, among others.
Furthermore, Macau Gaming Law must be considered in conjunction with another important tool for the industry: the casino gaming concession contracts executed between the Macau Special Administrative region and the six concessionaires (Wynn Resorts (Macau) SA, MGM Grand Paradise, SA, Galaxy Casino, SA, SJM Resorts, SA, Venetian Macau, SA, and Melco Resorts (Macau), SA) on December 16, 2022, effective from 1 January 2023 for a duration of 10 years. Tese contracts outline the rights and responsibilities of the casino concessionaires in accordance with the relevant legal and regulatory framework.
Te amendments introduced by Law 7/2022 into the Macau Gaming Law, along with subsequent legislative acts, establish a more structured and regulated framework for the gaming industry
players. Tese changes enable them to operate with a focus on corporate social responsibility, responsible gaming practices, ensuring compliance with investment commitments, and upholding legal and regulatory obligations.
Additionally, these amendments strengthen the authority of the government by providing enhanced tools for supervision and regulation of gaming activities, further promoting transparency and accountability within the industry.
Considering the investment plans that operators have committed to for the next nine years, with a part of the 10-year concession period already underway, the government of Macau seems determined to expedite the region's return to prosperity by "skipping stages."
In this pursuit, the corporate social responsibility obligations of casino gaming concessionaires are expected to play a crucial role in achieving sustainable development and the desired goals.
However, it is important to recognise that gaming remains the primary driver of Macau's economy, and transitioning to a new economic engine requires time and patience. Drawing a parallel to Las Vegas in the 1980s, when it underwent a similar shift from gaming to entertainment, it took several years, and the support of favourable conditions provided by the Nevada Government.
Macau's gaming operators have demonstrated their ability to tackle the challenges of transitioning towards a more non-gaming focused approach in an innovative manner. Yet, for them to successfully meet the government's demands, it is crucial to establish the necessary tools, such as pioneering laws and regulations, to facilitate this transition.
It is worth noting that operators can only achieve what the government demands if bureaucratic hurdles do not impede their execution and if there is adequate availability of human resources and other necessary structures to fulfill these demands. By addressing these factors, Macau can pave the way for a successful transition and sustainable growth in the future.
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