Spielhallen-Betrieb, Erlaubnis beantragen

• § 33i Gewerbeordnung (GewO) – Spielhallen und ähnliche Unternehmen
• Spielverordnung (SpielV)
• REVOSax Landesrecht Sachsen - Sächsisches Ausführungsgesetz zum Glücksspielstaatsvertrag – SächsGlüStVAG
• Sächsisches Kostenverzeichnis (SächsKVZ) - Nr. 46 Gewerberecht

Application for a Licence in accordance with section 33i Gewerbeordnung (GewO)

A licence is required by anyone wishing to operate an amusement arcade or similar business exclusively or predominantly for the following purposes:

• Installation of gaming machines with the possibility of winning and / or
• organising other games with cash prizes

The licence is tied to a specific person, specific premises and a specific type of operation (gaming arcade or similar business).

Any change relating to this (e.g. change of owner* or relocation) requires a new licence. In individual cases, the licence may be issued with a time limit or be subject to conditions. The permitted number of gaming devices depends on the size of the arcade.

In addition to the Gewerbeordnung, some provisions of the State Treaty on Gambling in Germany (Glücksspielstaatsvertrag - GlüStV) of 15 December 2011 and the regulations created for amusement arcades in the Sächsisches Ausführungsgesetz zum Glücksspielstaatsvertrag (SächsGlüStVAG) have applied to amusement arcades since 1 July 2012, insofar as they have cash or gaming machines with the possibility of winning. In particular, the operation of an arcade also requires a gambling licence pursuant to Section 18a (1) sentence 1 SächsGlüStVAG in conjunction with Section 24 GlüStV, irrespective of the licence pursuant to Section 33i GewO.

For information on gambling law requirements (e.g. obligations to submit a social concept, staff training, information on addiction risks and the required minimum distance to other gaming arcades or general education schools), please contact the Landesdirektion Sachsen, Leipzig office, Department 24 as the supervisory authority responsible for gambling law requirements.

Please note: In order to operate an arcade, you also require an installation licence (i.e. a permit to install gaming devices) and a confirmation of suitability (i.e. official confirmation that the specific installation location of the respective gaming device complies with the applicable regulations). Please contact the responsible department for details.

Single Point of Contact (Einheitlicher Ansprechpartner)

The trade is not covered by the EU Services Directive. The corresponding administrative procedures can therefore not be handled via the Point of Single Contact.

As a rule, the following documents are required:

• Identity card or passport
• Certificate in tax matters from the tax office and the municipal tax office
• Extract from the debtor register of the local court responsible for the place of residence

Note: The two certificates in tax matters and the extract from the debtor register must be submitted by the applicant from the responsible departments in all places where the applicant has lived or operated a business in the last three years.

• Certificate from the insolvency court
• Certificate of good conduct
• Extract from the central trade register
• for legal entities additionally:
  
  • Extract from the commercial and association register
  • Copy of the partnership agreement or articles of association

If the applicant is a legal entity (e.g. AG, GmbH, e.V.), proof of reliability must be submitted for both the legal entity (with the exception of the certificate of good conduct and the identity papers) and for the natural persons authorised to represent it (managing director, board member and chairperson) when the application is submitted.

The same applies to shareholders who hold 50 per cent or more of the share capital or who hold 50 per cent or more of the votes.

The licence shall be refused if:

• Facts justify the assumption that the applicant does not possess the reliability required for the installation of gaming devices; as a rule, the required reliability is not possessed by anyone who has been convicted of a crime, theft, embezzlement, extortion, receiving stolen goods, money laundering, concealment of unlawfully obtained assets, fraud, infidelity, unauthorised organisation of a game of chance, participation in unauthorised gambling or an offence under Section 27 of the Jugendschutzgesetz in the three years prior to submitting the application,
• the premises intended for the operation of the business do not meet police requirements due to their nature or location, or
• the operation of the business gives rise to fears of danger to young people, excessive exploitation of the gambling instinct, harmful effects on the environment within the meaning of the Federal Immission Control Act or any other unreasonable nuisance to the general public, neighbours or a facility in the public interest

EUR 300.00 to EUR 1,050.00

The form "Application for a licence in accordance with Section 33i of the Gewerbeordnung (GewO) (Spielhallen und ähnliche Unternehmen)" is available from the responsible department. The form can also be downloaded from Amt24 (-> Online application and forms), depending on the service provided by the authority.

You must apply for a licence before starting your business. You are only authorised to exercise the trade after the permit has been issued.