The guild has been analyzing this normativity and the analyzes have basically started from two situations: Difficulties in the expedition of the same by the Mayors or their delegates, and, the necessity to present a concept on the same place, when the Contract under which he was covered.

Operators have found it very difficult for municipal authorities to issue such documents. Mayors and secretaries of office delegated for the issuance of the Pre-Favorable Concept, are not aware of the scope of this document, its legal nature, its content, but above all, do not dimension the importance of its issuance for the generation of resources for its municipality, since the operation of games in each municipality implies the transfer of resources for health, in addition to the jobs it generates.

The lack of knowledge of the content and scope of the Pre-Favorable Concept, has caused that the officials do not send them, ignoring rights acquired by entrepreneurs who have been making use of this activity for more than 10 years; But more serious, has been a focus of corruption, becoming an additional cost that must be assumed by the operator.

To the above is added the topic of delegations, since a few months ago Coljuegos has been demanding that the acts of delegation or manual of functions of the officials who in exercise of their duties issued the previous concepts, which is worse The reality is that the municipalities do not deliver them (delegations or manual of functions), or do not exist such delegations, or simply do not know the subject, leading to a vicious circle in which the requests are not solved and the great Affected is the operator, who must "beg" before the municipal authorities and before the regulator for solutions.

On the other hand, there is the issue of EFFECTIVENESS, which is the focus of both legal and technical discussion, and the starting point for a requirement that should be requested only once (when the premises start for the first time Economic) to become, in the cause for the termination of operating permits that have been in force for many years.

We understand that the Law 643 of 2001 in its article 32 indicates that it is necessary to issue the Precedent Favorable Concept of the Mayor for the operation of premises dedicated to localized games, but also indicates that this activity will be developed in establishments where the operation of games located with other commercial or service activities.

This Pre-Favorable Concept previously issued to the activity, generates in the operator the certainty that it will be able to develop a company (this is to accredit a brand, to generate a clientele, to realize investments), added to the operation authorized by the competent entity, which cannot Be unknown later on by any entity, nor the municipal, nor national, such as Coljuegos.

The requirement to be "prior to", enshrined in the law, not only generates an awareness of permanence and development of economic activity, but implies an acquired right that cannot be unknown by situations that cannot be controlled by the operator, Such as, for example, that an educational center, a church or even a change of the POT should come into operation afterwards, since even in the latter case, the rights of the previously established activities to the modification of the POT must be recognized.

What is happening in reality is clearly absurd, since cases have been seen in which, a local that has been operating for more than 10 years in the city of Bogota, a year ago located a center of education at 100 Meters and this is generating that you are not aware of all rights over the lawful exercise of your activity, however, be first in time (and weighed by general principle of law, first in time first in law).

"Now who should control that they are not located around educational centers or churches at the distances established for games of chance, are territorial entities and not the economic operator, who previously had already consolidated their legal status?

This clearly constitutes a failure in administrative management, which cannot be transferred to the individual.

All the above is a very serious concern and has the game operators located near the end of their establishments, because despite being an activity that generated for the year 2016 $ 270.256 Million pesos, only in operating rights, which Are transferred to the municipalities directly for health; Not to mention the fiscal, parafiscal and employment generation of this important economic activity that significantly affects not only the resources of the municipality, but also those of the Nation.

Our guild is concerned that regulatory measures (not just the law, as it is intended to expose in the different scenarios) on issues of exploitation rights for localized games, and the lack of timely response to the difficulties facing the sector, Will end up leading companies to bankruptcy, strengthening the illegality, because the Preliminary Concept is only an ingredient of the great difficulties facing the industry of games of chance, in the medium term will be reached a certain unsustainability of the operation as a result of the Application of measures such as those set out here, the high tax burden and high barriers by sectors such as the financial and insurance sectors.

* FECOLJUEGO´S President