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National Gambling Act, 1996 (Act No. 33 of 1996)

Regulations on Limited Payout Machines

Chapter 3

41. Operation of limited payout machines must not be primary business

 

 

1) An application for a site operator licence may only be granted if the operation of the limited payout machines is incidental to the primary business conducted at the premises.

 

2) In determining whether the applicant’s proposed operation of limited payout machines is incidental to the primary business at particular premises, the provincial licensing authority may consider some or all of the following factors:
a) The floor space used for the limited payout machines as compared to the floor space used for the primary business;
b) The investment in the operation of the limited payout machines as compared to the investment in the primary business;
c) The time required to manage or operate the limited payout machines as compared to the time required to manage or operate the primary business;
d) The gross revenue generated by the limited payout machines as compared to the gross revenue generated by the primary business;
e) Whether a substantial portion of the financing of the business as a whole has been provided in exchange for the right to operate limited payout machines on the premises;
f) Other factors, including but not limited to the establishments name, the establishment’s marketing practices and the public’s perception of the business.