Lotteries
The Gambling Act defines lotteries as a type of gambling based on random draws or similar procedures that is accessible to an unlimited number of participants.
An important distinction is made between large and small-scale lotteries:
Large-scale lotteries
According to intercantonal law, large-scale lotteries may be run exclusively by Swisslos (in the German- and Italian-speaking cantons of Switzerland) and by Loterie Romande (in the francophone cantons).
Both organisations offer a wide range of lottery games on various channels. Apart from “Swiss Lotto” and “EuroMillions”, the lottery organisations sell scratch tickets and other lottery games via their outlets (newsstands, post offices etc.) and online gaming platforms. In some bars and restaurants, electronic lottery products are available: “Subito” machines in German, “Loterie Electronique” in French Switzerland.
All large-scale lotteries are licensed and supervised by Gespa.
Small-scale lotteries
Small-scale lotteries must be neither automated nor run intercantonally or online. They are licensed and supervised by cantonal authorities.
Federal law furthermore puts limits on the stakes and prize money involved. For purposes of financing projects of interregional importance, small lotteries can operate across cantons on condition of the cantons’ consent (Art. 34(4) Gambling Act). In addition to cantonal approval, licensing by Gespa is required in such cases. Also raffles belong to this category of small-scale lotteries. These are lottery games where the issuing of cards/tickets, the drawing procedure and the distribution of prizes take place in an entertainment context. Prizes must be strictly non-monetary, total stakes must not exceed CHF 50 000. In some cantons, raffles require no licensing.
Note:
We recommend clarifying the specific legal conditions for running small lotteries and raffles in the cantons with the responsible cantonal authorities.
For contact details, please consult:
Net revenues from lotteries must be used in their entirety for public benefit purposes (Art. 106(6) of the Swiss Federal Constitution).
Part of the stakes wagered in Switzerland flows back to the players in the form of winnings. From the remaining sums (gross revenue), operators first cover their costs. While operators of skill-based games may dispose of their net revenue as they please, the lottery organisations are legally obliged to use theirs for public benefit purposes – particularly for investments in the areas of culture, welfare, sports and the environment.
Part of the net revenue from lotteries and sports betting is used to promote sports at the federal level and is distributed by various responsible bodies. However, the major part goes to the cantons, which may neither have such moneys flow into their state accounts nor use them for statutory liabilities under public law. Most cantons have set up specific lottery or sports funds for the purpose.
Supervising the cantonal bodies that manage the moneys from gambling is not Gespa’s responsibility, but is ensured by the cantons themselves. Accordingly Gespa has no legal or other coercive powers with regard to the use of gambling revenues. However, as from the reporting year 2019, federal law will mandate Gespa to publish annual reports on the cantons’ use of net revenues from large-scale gambling for public benefit purposes (Gambling Act Art. 107(1d)). The report and the Excel file(s) submitted by the cantons can be found under Publications and surveys.
Contact
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