35. Managers and beneficial owners of private members' clubs - certificates of fitness
The Act of 2010 is amended by the insertion of the following sections after section 109:
"109A. Managers and beneficial owners of private members' clubs to hold certificates of fitness
(1) An individual who -
(a) effectively directs a private members' club at which gambling activities are carried on, or
(b) is a beneficial owner of a private members' club at which gambling activities are carried on,
shall hold a certificate of fitness and probity (referred to in this section and sections 109B, 109C, 109D and 109E as a 'certificate of fitness') granted by a Superintendent of the Garda Síochána or, as the case may be, by the Minister.
(2) An individual who fails to comply with subsection (1) commits an offence and is liable -
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months, or both, or
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or both.
(3) Where on the date that is 6 months from the coming into force of this section an individual has applied for a certificate of fitness, this section shall not apply to that individual until such time as the application, and any appeal in relation to the application, has been finally determined.