The most widespread form of commercial gambling devices are those regulated in Section 33 c of the Trade, Commerce and Industry Regulation Act (GewO), whose outcome 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 pursuant to Section 33 c, Paragraph 1, Sentence 1 of the Trade, Commerce and Industry Regulation Act (GewO).
Only gambling devices with the possibility of a win may be installed if their design has been approved by the Federal Institute of Physics and Technology (Section 33 c, Paragraph 1, Sentence 2 of the 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 consists of 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 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). 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).
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