Gambling devices with the possibility of winning; application for permission to set them up

If you want to set up gambling devices on a commercial basis, which are equipped with a technical device influencing the outcome of the game and which offer the possibility of winning, you need a permit.

Description

The most widespread form of commercial gaming devices are the gambling devices regulated in Section 33 c of the Trade, Commerce and Industry Regulation Act (GewO), the outcome of which depends on chance - and not on the skill of the player.

The commercial installation of such gambling devices, which are equipped with a technical device that influences the outcome of the game and which offer the possibility of a win, is subject to licensing under Section 33 c (1) sentence 1 of the Trade, Commerce and Industry Regulation Act (GewO).

Only gaming devices with the possibility of winning may be set up if their design has been approved by the Physikalisch-Technische Bundesanstalt (§ 33 c para. 1 p. 2 GewO).

The equipment may only be set up in locations that have been approved in writing by the municipality of the place of installation (Section 33 c (3) of the Trade Regulation Act).
Pursuant to Section 1 (1) of the Gaming Ordinance (SpielV), gambling devices in which the prize is money (gambling devices) may only be installed in pubs and restaurants, gaming halls or similar enterprises, or betting offices of licensed bookmakers.
According to Section 2 of the Gaming Ordinance, gaming devices in which the prize is merchandise (merchandise gaming devices) may also be set up at public festivals, shooting festivals or similar events, fairs or special markets.

The personal requirement for the granting of a permit is the reliability of the applicant. The reliability is checked by the licensing authority in particular on the basis of a certificate of good conduct to be applied for by the applicant from the municipality of residence and an extract from the commercial register.

In addition, the applicant must provide evidence in the form of a certificate from a chamber of industry and commerce that he or she has been instructed in the knowledge of player protection and the protection of minors that is necessary for the exercise of the trade (Section 33c (2) No. 2 of the German Trade Regulation Act (GewO)). In addition, a social concept from a publicly recognized institution must be submitted, outlining the measures to be taken to prevent the socially harmful effects of gambling (Section 33c (2) No. 3 GewO).

Prerequisites

  • Reliability of the trader
  • Suitability of the installation site
  • Certificate of instruction (IHK)
  • Social concept

Processing time

approx. 3 - 5 weeks

Required documents

Fees

    • Installation permit: 100 to 2000 EURO
    • Confirmation of the suitability of the installation site: 30 to 100 EURO
    • Certificate of good conduct and extract from the commercial register: 13 EURO each

Remedy

Administrative court proceedings; information

administrative claim

Status: 30.08.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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