2023 Laws of Puerto Rico › TITLE FIFTEEN - Sports and Parks (§§ 1 — 2020) › Subtitle 1 - Generally (§§ 1 — 915) › Chapter 5 - Games of Chance (§§ 71 — 91) › § 91 - Games of chance; message of responsible gambling

(a) Applicability. — This section shall apply to all government agencies, public corporations, instrumentalities, advertising agencies, television stations, radio stations, newspapers, movie theaters and filmmaking companies that schedule, produce, publish, transmit or broadcast advertisements in the press, radio, or television, or through any other communications media to promote any game of chance that is authorized under the laws of Puerto Rico, including the Traditional Lottery, Additional Lottery and any other games of chance, as defined by law, sponsored by the Government of Puerto Rico or the private sector, whose advertising is distributed within the jurisdiction of Puerto Rico. Excepted from this section are advertisements produced outside of Puerto Rico over which the local publicity or transmission media do not have the power to intervene and enforce this section, as well as advertising directed exclusively toward the foreign markets, pursuant to the provisions in §§ 71—79 and 85—89 of this title.
(b) Duty to notify. — Any advertisement produced in Puerto Rico or outside of Puerto Rico at the request of any government agency, public corporation, instrumentality, advertising agency, television station, radio station, newspaper, movie theater and filmmaking company that schedules, produces, publishes, transmits or broadcasts advertisements in the press, radio, television, or any other communications media to advertise any game of chance that is authorized under the laws of Puerto Rico, including the Traditional Lottery, Additional Lottery and any other games of chance, as defined by law, promoted by the Government of Puerto Rico or the private sector, shall include a message to urge gamblers to do so responsibly and warn them of the risks of compulsive gambling. All operators of casinos, cockpits, gambling rooms, racetracks and off-track betting agencies in the Island, as well as all establishments where Electronic Lottery tickets are sold, are hereby required to display a sign that is legible and visible to all those persons who use their facilities, exhorting gamblers to do so responsibly and to warn them of the risks of compulsive gambling.
(c) Penalties. — All advertising contracts for the promotion of games of chance or activities that include games of chance in which a government agency, public corporation or government instrumentality is a party, or that is executed under its sponsorship or the use of public funds shall be null if it fails to include a clause providing the compulsory inclusion of the message or warning on gambling and the penalties for failing to include the same. The Department of Consumer Affairs may direct the removal of any public or private advertisement of any games of chance from the communications media that does not comply with the provisions of this section. The Secretary of the Department of Consumer Affairs may impose administrative fines up to the maximum authorized by the provisions of the Organic Act of the Department on any natural or juridical person who fails to comply with the provisions in this section.
(d) Supervision. — The Department of Consumer Affairs shall oversee compliance with this section and shall approve regulations for its implementation that shall include, without it being understood as a limitation: the specific text, format and placement features of the message or warning to be displayed; the amount of the fines to be imposed for noncompliance; a mechanism for coordinating with the Tourism Company, the Department of the Treasury and the Horse Racing Industry and Sports Administration for the monitoring game rooms under the jurisdiction of these entities and with the Mental Health and Addiction Services Administration with respect to the warning on the risks of compulsive gambling, and any other provisions needed for compliance with this section, in accordance with the Organic Act of the Department and the provisions [of] §§ 2101 et seq. of Title 3. The Department of Consumer Affairs shall establish the regulations within a term of six (6) months immediately after the approval of this act.
History —May 16, 2006, No. 96, §§ 1—4, eff. 8 months after May 16, 2006.