City execs question lotto regulation inconsistencies

By Aileen P. Refuerzo

BAGUIO CITY – The city council has agreed to conduct studies on the proposed ordinance regulating the operation of lotto outlets in the city to determine its ramifications in connection with existing national and local laws governing lotto.

Vice Mayor Daniel Farinas suggested the move after airing his observations on the state of the policies covering the legalized game.

He said there appeared to be inconsistencies in the implementation of the laws particularly the republic act that mandates Philippine Charity Sweepstakes Office to grant franchise to lotto operations in local government units.

He said the PCSO should clarify the role of local government units in the lotto approval to make it consistent.

“If the LGUs are mandated to issue business permits to lotto applications, then this should be consistent requirement,” Farinas said noting that at present there are lotto outlets operating without business permits but which cannot be closed because they have been granted authority to operate by
the PCSO.

He said the PCSO should also clarify its consideration of local laws existing in LGUs where they intend to set up lotto.

“If they intend to respect local laws like zoning rules then why are there lotto outlets located near schools, churches and government offices,” Farinas bemoaned.

He said these things need to be considered before the city council approves the proposed ordinance on lotto regulations.

Councilor Erdolfo Balajadia agreed saying the city’s act of adopting its own rules might even be an “undue encroachment” into a national law.

Proposed by Councilors Elaine Sembrano, Rocky Thomas Balisong and Richard Carino, the ordinance seeks to set the following conditions on the operation of lotto:

*The PCSO commits to allot a reasonable percentage of the gross receipts from the operation of lotto betting stations or terminals in the city to economically and socially beneficial projects within the territorial jurisdiction through the city government;

*The owner or operator of lotto betting station or terminal has a valid and subsisting authority from the PCSO;

*The location of the proposed lotto betting station or terminal is situated in no less than 100 meters away from any institution of learning, place of religious worship, or government establishment, unless the same is established, maintained or operated within an enclosed building or structure hidden from view of people outside of said building or structure;

*The Sangguniang Barangay where the lotto betting station or terminal is proposed to be established after due consultation with its constituents certifies by resolution that it does not interpose any objection to the maintenance and operation of such station or terminal; or

*All taxes, fees and charges due to the city are fully paid, in accordance with applicable national and local laws.

The following are the proposed prohibitions:

*The owner or operator of any lotto betting station or terminal shall not employ any person who is below 18 years of age even is such persons be the child or relative of said owner, provided that in the hiring of employees, preference shall always be given to qualified differently abled persons or senior citizens who are residents of the city;

*It shall be unlawful for any person to solicit, place or accept bets outside of a lotto betting station;

*No person below 18 years of age shall be allowed to place bets, even is such person is merely acting as an agent;

*No form of advertisement or activity promoting lotto shall be allowed in or about the premises of any institution of learning, a place of religious worship or a government establishment;

*Location of lotto betting station shall not be transferred to other venues without written authority from the city government and the PCSO; and

*No more than ten lotto betting stations shall be allowed to operate at any one time. Business license or mayor’s permits issued in violation of this provision shall be void and all taxes, fees and charges already paid shall be forfeited in favor of the city government.

In the measure, the proponents noted that lotto outlets in the city have increased from an
initial of two betting stations enfranchised in 2002 by the Philippine Charity Sweepstakes Office to 18 with another five franchise applications now pending for approval by the PCSO board.

They said there is a need to regulate the operation of these outlets to ensure that these are complying with established city rules and regulations.