Previous concept Municipal Hall. In Colombia for those who do not know, the casinos or local slot machines must, among others, have a prior permission from the mayor of the city where they will be installed.
Dear readers, with regard to all the problems that have been presented in various cities of the country on the so-called "Prior Proposed Concepts of Mayors" or "Concepts of Location", usually confused with the so-called "Uses of Soil" In the process of authorization of the activity of localized games of chance. Today it seemed vital to guide them and explain how and what to do in case of having to request a prior concept and the step to follow in case it is denied.
Please take the time to read this news and share it because for its elaboration we have the valuable collaboration of Dr Leon Dario Montoya well known in the industry of games of chance and that has written many columns of opinion in this, his house
It is good for entrepreneurs to know what their rights are and what the duties of the municipalities in this matter so that you know how to apply, before whom and especially, what you can do when you are denied it for the first time or even when you are denied renewal
But before it is good to know the nature of these Previous Concepts as well as its normative regime.
The legal nature of the Mayor's Favorable Precedent is very clear, thanks to the abundant jurisprudence that has been issued on this matter in the High Courts, especially the Constitutional Court has been reiterated in defining clearly on these concepts what appears to be a bit confusing In the Law and in the Constitution, itself.
For example, in Judgment C-173 of 2006, with the presentation of Magistrate Humberto Antonio Sierra Porto, the Court has made clear the nature of the Prior Favorable Concepts that have been contemplated by Law 643 of 2001, as a necessary prerequisite for the Establishment, installation and operation of localized games of chance (machines and games of casinos, among others). In this important ruling, the highest constitutional court has said:
In that sense, the issue of a prior and favorable opinion, as a constituent element of a complex administrative act, is not merely a formality, but an act of material content, and must therefore be reasoned. In sum, the previous and motivated concept that the mayor must render in terms of the installation of games located in their respective municipality is an act of material content, which must contain factual and legal considerations, and therefore, may be susceptible to be controversial judicially.
With the recognition of its nature as an administrative act, these very important qualities are attributed to these very important qualities:
1. They must be motivated, that is to say, when they are granted and, above all, when they refuse, the Municipalities must clearly support this refusal, stating the reasons of fact and of law for which they deny it, Those that are sustained.
2. The applicant or interested party must be allowed to dispute, that is, to file the so-called appeals of the government, replacement and appeal, or only replacement, as the case may be. In those cases where the denial comes directly from the Mayor or his Delegate, only admits recourse, if not, must admit an appeal to the Mayor.
3. The Negative or Positive Prior Concept can be a simple act as when a single official responds from his competence (he may be the same Mayor or the Secretary of Planning for example) or it may be a complex act, such as when the Inspector u Another official who visits and issues a concept, then another official such as the Secretary of Government or Planning issues a visa and then the Mayor or his Delegate sign or issue the final concept, in this case, such procedure as well as the competencies To act in the expedition of the concept, is established in the municipal norms (Municipal Agreement, Manual of Functions, or similar).
4. There must be an express normative basis for the refusal and this ground must be specific, that is to say, in the respective Municipal Agreement through which the Territorial Planning Plan or POT (EOT or PBOT according to the number of inhabitants) was issued. Clearly indicate in which cases and in which zones the operation of Luck and Chance Games is allowed, and what are their conditions and requirements.
5. In the event that these rules of Territorial Ordinance (OT) do not establish a prohibition or rules or requirements that imply the refusal, IT MIGHT NOT be for any other reason that there is a refusal on the part of the Mayor or the Municipal Administration.
However, from the previous aspects that derive from the nature of administrative act enjoyed by the Preliminary Provisions for Games of Chance and Localized Gambling, we allow to make several practical recommendations that can be very useful for Concession Operators of this activity:
1. Ask for the Favorable Pre-Concept early enough because in some cases Mayoralities may be delayed or simply because it may be a matter of controversy or appeal when denied and this takes time (usually 2 or 3 months).
2. When you already have a favorable prior concept, when you request your "renewal" as suggested by some times COLLECTIONS, do not request it as "Renewal" or "Extension" or as a new one, rather ask to be certified if the Concept already granted to a particular establishment, is in force or if conditions have been varied according to current OT standards. It should be noted that this question is meager or innocuous, but it has to be done, because the OT rules have varied, there is an "established use" that the municipality must respect, it can only be revoked through a process involving Consent of the same interested party, therefore, the Mayor should only respond that said concept remains as long as the activity is not interrupted, do not vary conditions or do not transgress the rules generating a negative impact on the area where it is located.
"However, of the above, COLJUEGOS has forced that every one that is going to subscribe contract, in spite of not existing solution of continuity or interruption of activity, goes to the mayoralties every 3 or 5 years"
3. Verify that you clearly explain the reasons why the concept is denied, also indicating the rules that are allegedly allowed to deny it, otherwise within the next five (5) days, hopefully less, submit a new letter interposing replenishment resources and appeal (it does not matter that they only grant the replacement in some cases, it never hurts, ask more than less in this type of processes). With this writing, you must gather all the documentation, and explain why you do not agree with the denial, and demanding that you indicate the rule or specific rules for which you are denying. With this response, at least you can apply for a guardianship or other judicial actions even compensation that can prosper.
4. In the event that the establishment is not new, which has been in operation before, it must use the most favorable OT standard that have been in force since it was first granted, so the Mayor is obliged to apply those rules , These rules of prohibition or freezing must be prior to the start of the activity, and this can be demonstrated with the date of commercial registration and with the contract, and in these cases whenever you make the request or file the appeal must be made known that the Establishment has been operating since before, that has not interrupted activity and that has all the requirements of Law.
"As you can see, there are many mechanisms that you can use and the law is clear, as we explain here. What I recommend is do not leave everything for last minute because this type of procedures take time "
If you want a personalized consultation you can contact: Leon Darío Montoya Piedrahita | Legal Adviser | Cel: 313 731 51 95 | Leon.abogado@une.net.co
Laura Ardila Bendek
Questions juridico@mundovideo.com.co
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It only starts from scratch once
I am heartily glad to be sharing with all of you after these crazy months that we have lived, added to what the quarantine left us, this year brought us the shortage of raw materials; if we look ahead, next year, it might not look so good.
But here we are, we have been able to get ahead with our demons and angels, with our laughter and sorrows, with our ups and downs, with our reality!
It is what it is... and that's where we start from; We go wherever we want, towards a new project, towards a new life, towards a new adventure, towards our interior, towards improving what we have, towards being interested in others and their feelings.
When we stop along the way and embody our present, we take control of our future, based on the fact that it only starts from scratch once.
It only starts from scratch once, whoever has fallen and gets up knows what to do to avoid the next one; Those who want to change their destiny know which course to take so as not to continue on the same path. Those who have made a mistake know that by this simple fact their humanity has been revealed, which makes them equal to others and therefore full of opportunities, after everything, we are where we are because of our experiences, it only starts from scratch once.
We can no longer start from scratch, we lead lives becoming what we are today, a constant change, that is the universe and it is the duty of everything, the fear of change will come and test everything we have lived, moving us away from comfort from routine and facing the uncertain and then at that moment we would like to take refuge in the past that was better, but it only starts from scratch once, let life surprise us, we have the baggage.
When we stop along the way and embody our present, we take control of our future, based on the fact that it only starts from scratch once. After all, who wants to suffer again for the past if it no longer exists and knows what to do to avoid falling into the same thing?
If the only thing we have is our experience and the present moment, then we are rich! Rich in knowledge to modify what does not make us happy, we have the gift of making magic and bringing to our present what we choose and accepting what is as it is, with the understanding that we can change a lot when we start that change from ourselves.
I bring these lines from a very good friend who shared them with me and I leave them here so that they accompany us during part of our passage through this life:
"When you can't change something, change yourself.
When you can't choose, choose yourself
When you can't believe in anything, believe in yourself” … ¡ALWAYS!
It's always a good time to continue, not to start, because you only start from scratch once.
Merry Christmas 2020 ... how quickly it’s pronounced, and what a tremendous learning these fourteen letters and four numbers enclose for each of us ...
Yes, we have changed, we now appreciate the value of being alive
Yes, we have changed, we now appreciate the value of small
Yes, we have changed, we now appreciate not receiving and we do not worry about "giving"
Yes, we have changed, we now appreciate the pricelessness of a hug
Yes, we have changed, we now appreciate not giving value to the material more than to ourselves
Yes, we have changed, we now appreciate the blessing of the Universe to walk under the moon and take the time to feel the rain on our face
Yes, we have changed, we appreciate now that the rush is only ours, two planets aligned, without any effort ... just in time
Yes, we have changed, we now appreciate every moment that we share with those who are no longer present.
Yes, we have changed, we now appreciate the teaching of who left and whose departure left us a huge space to fill with millions of Thanks!
Yes, we have changed, we now appreciate each situation to be solved, which before we called "Problem"
Yes, we have changed, we now appreciate each teaching that is manifested to us from the hand of the present
Yes, we have changed, we now appreciate that we are rulers of our destiny and that no matter what happens, everything comes to its time: Not before, not after
Yes, we have changed, we now appreciate those who have always been there and have helped us without waiting for business
Yes, we have changed, we now appreciate the greeting of someone who, after a piece of cloth, gives us a smile and reminds us that it was always the best gift
Yes, we have changed, we now appreciate that Christmas has always been with us and we can celebrate it regardless of the date, at the end of the day it is an inner state not a fashion
Yes, we have changed, we now appreciate that we are all the same ...
Yes, we have changed, we now appreciate the hubbub that confirms that life is imposed once again
Yes, we have changed, we appreciate the present that it is now ...
German +
Coljuegos, Colombia’s national gambling regulator, revealed that gambling industry’s tax returns effiency amounted to $201944 USD last year, with a portion of the money set to be disbursed to the country national health service.
Last year’s figure represents about 16 percent rise over and above the $164839 USD tax returns efficiency in 2018.
A breakdown of revenues shows that local bingos and gambling halls generate close to 57 percent of last year’s returns, which is more than the $873268 USD mark collected for the health services since it became operational 8 years ago.
Online gambling tax revenues went up 81 percent, which represents a 10 percent in overall income.
While updating stakeholders, Juan Perez Hidalgo, the President at Coljuegos, stated the industry’s improved revenues and tax returns efficiency supported governance of the market.
No Copyright infringement intended. Video/Photo Unknown Direct for credits/issue or text us +57 3606412 ... | Respect to Photographers & Influencers
In my time in this life I become increasingly convinced that the best gift is to serve and receive every action from the heart, at the end of the day what we receive is proportional to what we give.
There are few occasions when we inadvertently let custom impose itself on feeling, which sends the wrong message for not being honest and not expressing how we feel in an open way.
"It is author and is brought from far away, be very careful when you open it you can break it ... it's what hmm the kid gives him this year," the voice on the other side of the phone said with some anguish in a conversation I had yesterday about a gift I had been given.
To be honest I had to look for the answer very in the background and I could understand that the pressure of these dates made the Value of the Object prevail over the action itself; which gave rise to him sharing with you - who are from the house - this anecdote and from which I give some points:
Over the years I have begun to understand that what is inside does not compare to what can be seen, and that the forms deceive but the essence does not.
It may not be the most convenient, but I liked to post this message and I hope that from it, you can take teaching, today I learned something too :
Reason See what's best for you,pride gagous, Heart See the important
On behalf of the entire Mundo Video Corp team and on my own, in this and as at any time of the year, I thank you for trusting us from the heart.
Happy Life!
German +
Decree 2106 of 2019. The congress of the public republic on November 22, decree 2106 of 2019 through which I grant the National Government extraordinary powers to simplify or suppress or reform unnecessary procedures, processes and procedures that existed in the public administration.
Article 51 should be studied very thoroughly that although it does not talk about localized games, it deals with the provisional liquidation, which experts say may later be counterproductive for the gambling industry. Coljuegos is not given a deadline to issue the conditions for the suggested liquidation, which will aggravate the crisis in the sector and does not reveal in the short term an application of the PND.
In such a way, and specifying the gambling industry, these are the points that interest the aforementioned act, where there is also talk about independent betting placers:
ARTICLE 55: regime of the setter, destination of the parafiscal contribution of art. 56 law 643 of 2001 and registration The special regime of permanent bettors is maintained as enshrined in Law 50 of 1990 and the parafiscal contribution of art. 56 of Law 643 of 2001, which will be used to cover the old-age protection of independent underwriters through the creation of an individual Periodic Economic Benefits-Beps account.
Therefore, the concessionaire must consign Colpensiones in the individual account of the independent underwriter the 1% that retains it from its sale, and 3% of the exploitation rights generated by that sale.
However, placers who earn more than a monthly legal minimum wage are not accepted in Beps, in this case, they must be in the contributory regime of the social security system.
Now for Localized Games, this is the decree:
ARTICLE 56: liquidation of elements of gambling (located/ Slots) For this article the decree establishes that the operators of gambling establishments must make the declaration, liquidation and payment of the monthly exploitation rights in the terms provided in article 59 of the PND.
However, it also establishes that if any authorized element (Slots) does not meet at least one of the conditions provided for in the same article, this element must be declared, settled and paid individually with the rates previously stipulated, that is, the provided in article 34 of Law 643 of 2001.
On the other hand, the suggested settlements that show negative values ââwill be equal to zero, that is to say that there will be no balances in favor of the operators for liquidation of exploitation rights for the following month.
However, the decree in question also refers to permanent bets, which are explained below:
ARTICLE 57: Express revocation of the advance. The advance conceived as an accelerated mechanism for payment of exploitation rights described in article 23 of Law 643 of 2001 ceases to apply. The exploitation rights (12% of your gross income) will be settled due month as it happens in all the modalities of game.
Next the complete document in spanish
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