Einzelgenehmigung für eine öffentliche Lotterie oder Ausspielung (auch kleine Lotterien und Tombolen)

If you want to carry out public lotteries and drawings (including tomboles), you must apply for them and have them approved.
 

What information must be included in the application?

The application for authorisation of a lottery or draw must contain the following information:

1. the name and address of the organiser,
2. the name and address of the natural person responsible for its implementation,
3. type of event,
4. Season
5. town or sales territory,
6. Purpose of the event,
7. number of lots for sale, and
8. Lot price of the single lot.

As a type of event come

• a lottery,
• a draw lottery,
• a lottery draw,
• a draw draw and
• a tombola (event in closed rooms with a game capital of up to 6,000.00 euros)

to be considered.
 

In a lottery, cash winnings are played, in a lottery material value winnings. The ticket letter contains the immediate decision on the prize, in the draw lottery or draw the winners are determined by "drawing" the winning tickets.
 

The application must be accompanied by the following documents:

1. the statutes of the organiser,
2. the last corporation tax assessment notice or notice of recognition of the non-profit status of the organiser,
3. if applicable, further evidence proving that the organiser guarantees the proper conduct of the lottery or lottery and the appropriate use of its proceeds,
4. the schedule (explanation see below),
5. the profit plan (explanation see below),
6. a declaration by the organiser that:
   • the winnings listed in the winning plan are available at the start of the lottery or draw or at the start of each series of the lottery or draw,
   • the net proceeds of the lottery or lottery are used for their intended purpose immediately after the end of the event,
   • in the event of a draw, all winnings have been entered in the prize plan at the usual value,
7. in the case of local events, a certificate from the competent local authority stating that there are no objections to the organisation of the event, or a place permit.

If, in the technical execution of a lottery or lottery, a commercial lottery organiser or another person acts for remuneration, the contract concluded with those persons shall be attached to the application.
 

You must submit the application with all documents to the licensing authority no later than 3 weeks before the planned start of the event. If donated prizes are to be played out in a draw, you can submit the final winning plan no later than one week before the event.
 

Repertoire

The application for approval of a lottery must be accompanied by a game plan.

From the game plan, the amount of the game capital, as a percentage divided into

• Winning amount (value of the winnings to be played),
• lottery or sales tax,
• Costs of the lottery and
• Net yield

loyal.

Care must be taken to ensure that the net income, the profit sum and the costs are in an appropriate relationship to each other. The costs of the event must be kept as low as possible. An appropriate net yield as high as possible shall be achieved. For the net income and the prize amount, at least 30 percent of the fees should be provided for in the schedule and there must be no reason to assume that these shares will not be achieved. When submitting the application, a calculation must be submitted showing the expected costs of the event, the prize amount, the taxes and the net income.
 

If the prizes are donated and therefore no expenses are required for the provision of the prizes, the net income of the event should amount to at least 50 percent of the capital played.

In the case of small lotteries, i.e. lotteries in which the sum of the fees to be paid does not exceed the amount of 40,000.00 euros and the net proceeds are used exclusively and directly for charitable, ecclesiastical or charitable purposes, the net income and the prize amount must only amount to at least 25 percent of the fees.
 

The schedule also regulates the game operation in general. It shall lay down the conditions under which the possibility of participation shall be opened. In particular, it refers to the financial performance (the stake) of the individual player and regulates the procedure for determining winnings.
 

Profit plan

The application for approval of a lottery must be accompanied by a winning plan.
The profit plan contains the type, number and amount of all prizes. Non-cash prizes are listed with an indication of their value.
 

In the case of division into several series, an overall profit plan shall be drawn up containing the above information, divided into the series envisaged. The profit share of each series must be the same. The main prizes are to be distributed evenly among the individual series.

Prerequisite for the approval of a lottery

A licence for a lottery or lottery may only be granted if:

1. none of the following grounds for refusal preclude the event:

• A licence may not be granted if it cannot be ruled out that the organisation of the lottery promotes the gambling instinct in a special way because of the overall range of games of chance already available, in particular with regard to the number of games of chance already organised or their type or implementation.

• A licence may not be granted if:

  • the schedule stipulates that:

    • the announcement of the draw results takes place more than 2 times a week,

    • the maximum prize exceeds a value of EUR 1,000,000.00 or

    • Portions of the fee paid by the player are accumulated for the purpose of creating winnings for future draws (scheduled jackpot).

  • interactive participation in broadcasting and telemedia with timely announcement of the prize is made possible.

1. the organizer is non-profit,

2. the organiser is reliable, in particular guarantees that the event will be carried out properly and in a comprehensible manner for the game participants and the licensing authority and that the net proceeds will be used appropriately,

3. the event does not pursue any economic purposes that go beyond the advertising effect associated with the reference to the provision of profits, and

4. it is not to be expected that public security or order will be endangered by the event itself or by the realisation of the purpose of the event or the use of the net proceeds or that the relations of the Federal Republic of Germany with other states will be impaired.

   A new lottery planned for a longer period may also not be authorised if there is no sufficient public need for its organisation despite the existing supply of authorised games of chance. For the assessment of the sufficient public need, the purpose of the event and the intended use of the purpose income are not taken into account.

For the granting of a permit to carry out a lottery or lot, a fee of 2.5 per thousand of the game capital, but at least 110.00 euros, is charged.
 

The granting of a licence for lotteries and lotteries which serve exclusively non-profit or charitable purposes and the technical implementation of which is not entrusted to a commercial undertaking is free of charge.
 

For the tax regulations, see the service description "Register lottery or lottery at the tax office".
 

Important Notice

Anyone who organises public lotteries or lotteries without official permission, in particular offers the conclusion of gaming contracts for a public lottery or lottery or accepts offers aimed at concluding such gaming contracts, shall be punished with imprisonment of up to 2 years or a fine.
 

• To the local regulatory authority for draws with a gaming capital of up to 6,000.00 euros for events in closed rooms (tombols).
• To the district regulatory authority for lotteries and lotteries with a gaming capital of up to 130,000.00 euros and for draws with a gaming capital up to 6,000.00 euros for outdoor events; in the case of events crossing district boundaries, to the district regulatory authority in whose district the focus of the event is located.
• To the Regierungspräsidium Darmstadt for lotteries in the form of profit saving.
• To the Hessian Ministry of the Interior and Sports for lotteries and drawings with a gaming capital of more than 130,000.00 euros or for transnational lotteries.