Spielgeräte mit Gewinnmöglichkeit gewerblich aufstellen - Erlaubnis beantragen

§ 33c Gewerbeordnung (GewO) (Spielgeräte mit Gewinnmöglichkeit) in Verbindung mit der Verordnung über Spielgeräte und andere Spiele mit Gewinnmöglichkeit (Spielverordnung)

If you want to install gaming machines with winning possibilities on a commercial basis, you require a licence. In addition, you have to provide proof that the chosen location for each installed machine is suitable for this purpose. The municipality, in which you want to install the machine with winning possibilities, will issue a confirmation for this purpose.

Please note that you are not allowed to open an amusement arcade with this licence. More information can be found in the procedure description "Licence for Amusement Arcades".

• completed application form
• copy of the identity card or comparable identity documents
• for proof of the corporate legal form
  • If the location of your company is in Germany, you will need:
    • for registered companies: an excerpt of the Commercial Register (Handelsregisterauszug) and if applicable a copy of the shareholders agreement (e.g. for a company constituted under civil law, (GbR)).
  • If your company is located abroad, you will need documents from the country where it is located which prove its legal form.
• for proof of personal reliability
  • If your place of residence is in Germany, you will normally need:
    • Certificate of Good Conduct (Führungszeugnis)
    • Excerpt from the Central Trade Register (Auszug aus dem Gewerbezentralregister)
  • If your place of residence is abroad, you will need documents from your native country, which prove that you have the personal reliability to provide the requested service.
• if necessary proof that the installation location is suitable

When checking the personal reliability, in individual cases the authorising authority could request alongside the documents listed additional documents, which are appropriate to make a statement about your personal reliability as applicant.

In the case of legal entities (GmbH, corporate companies, AG, registered cooperatives) the application form only has to be completed by the legal entity itself. All personal documents have to be submitted for all natural persons authorised to manage the company (e.g. certificate of good conduct, personal documents). In addition, an excerpt from the Central Trade Register has to be applied for in the case of legal entities.

In the case of partnerships, which as such are not capable of holding a licence (GbR, KG, OHG, PartG, GmbH & Co. KG), each of the managing partners requires the licence. I.e. an application form and all personal documents are required for each person.

• personal reliability of the applicant
• approval of the machines by the Federal Institute of Physics and Metrology (Physikalisch-Technische Bundesanstalt)
  This approval has to be renewed every two years.

The amount charged is based on the local regulations governing the fees.

You have to apply for the licence to install the gaming machines with winning possibilities at the responsible authority. Some municipalities provide a form and/or put it online as a download.

The licence can be subject to conditions, also with regard to the installation location, if it serves to protect the general public, the guests or the residents of the respective business premises or the neighbouring premises or is required to protect minors. The conditions can also be issued, amended or supplemented subsequently.