It is estimated that Mexico's physical casinos have around 100,000 gaming machines in their rooms. And they receive around five million visitors a year. In parallel, the online market is another strong point of the country: 80 online gaming platforms authorized by the General Directorate of Games and Lotteries of the Ministry of the Interior operate.
“However, the “gray” offer of online operators still far exceeds the legal market”
MARKET CHARACTERISTICS
For Alfredo Lazcano, legal expert in gaming, fintech and media technologies, and president of the Mexican law firm Lazcano Sámano, S.C, the market is in a process of maturation. “Although it has developed steadily for two decades, there are those who could describe it as a complex market, which has not yet fully developed”
The specialist considers that it is a market that continues to grow, under a “peculiar” regulatory context. He explains that this is due to the fact that it has an outdated legal framework that has been overtaken by reality. However, it also has general provisions that are “beneficial” for the sector.
As an example, he points to the regulation at the federal level. “A gaming permit is valid for carrying out betting games throughout the country, and, in most cases, this federal permit includes the regulatory authorization for both in-person and online gaming.”
SECTOR INCOME
“We have 423 land-based casinos in operation, spread across a hundred municipalities in 29 of the 32 states that make up the country,” explained Miguel Ángel Ochoa, president of the Association of Permit Holders, Operators and Suppliers of the Entertainment and Gambling Industry (Aieja).
According to Miguel Ángel Ochoa, the total amount of taxes that the land-based industry pays annually to the federation, the states and the municipalities where the casinos operate, exceeds 12 billion pesos.
“As regards the online vertical, according to a site specialized in the industry, it was anticipated that currently the value of the market in Mexico was higher than 2 billion dollars.” Regarding job creation, the sector as a whole creates 200,000 jobs, both direct and indirect.
A STEP BACK ON THE ROAD
On November 16, 2023, the Federal Executive issued a decree to reform the current regulations of the Gaming Law. According to Ochoa, the main argument was that said regulation exceeded the hierarchy of the current Federal Gaming and Lottery Law.
“This decree surprised us, because relations with the Mexican government have been good throughout the six-year term and we have maintained a permanent and fluid communication with the Regulator,” he recalled.
If this initiative is maintained, it will prevent, for example, the renewal of permits at the end of their validity, which, as explained by the president of Aieja, had a duration of 25 years. “The anguish is real, if one takes into account the investment that obtaining a permit means. And many of these are about to expire between 2028 and 2033. In addition, in one of its transitory articles, it establishes that the maximum period of validity, for the unlimited ones, will be 2038,” he warned.
Miguel Ángel Ochoa also pointed to a problem that was generated by an erroneous interpretation of the text by the Ministry of Economy in relation to slot machines. This is after the Executive announced that there would be no new permits or new openings of rooms while his administration was ending.
“However, in another of the transitory articles, the text itself says that acquired rights will be respected; therefore, those who have contracts with machine manufacturers will be able to continue having access to those machines until the end of their contract,” Ochoa explained.
Since then, negotiations have been undertaken between the businessmen and that secretary, while the majority of manufacturers have filed appeals for protection, of which several have been advancing. “At least one of them is already importing again and two more are about to obtain that authorization,” he said.
A quick way out of this impasse is to correct or eliminate the decree. From Aieja, the elaboration and promulgation of a Federal Law of Gambling has been promoted that would render it ineffective and would allow the modernization of the legal framework, according to the president of the association.
“In case the Legislative Power continues without considering this possibility, the appeals would help us to leave things as they were before the publication of the decree and continue our activity normally,” he noted.
