Spielgeräte mit Gewinnmöglichkeit; Beantragung einer Erlaubnis zum Aufstellen

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

The commercial installation of such gaming machines, which are equipped with a technical device that influences the outcome of the game and which offer the possibility of winning, is subject to licensing in accordance with Section 33 c (1) sentence 1 GewO.

Only gaming machines with the possibility of winning may be installed whose design has been approved by the Physikalisch-Technische Bundesanstalt (Section 33 c (1) sentence 2 GewO).

They may only be set up at locations whose suitability has been confirmed in writing by the municipality where they are to be set up (Section 33c (3) GewO).
According to Section 1 (1) of the Gaming Ordinance (SpielV), gaming machines where the prize is money (gaming machines) may only be set up in pubs and restaurants, arcades or similar businesses or betting offices of licensed bookmakers.
According to Section 2 SpielV, gaming devices where 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. 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 central trade register.

In addition, the applicant must provide a certificate from a chamber of industry and commerce to prove that he/she has been instructed in the knowledge required to exercise the trade with regard to the protection of players and minors (Section 33c Para. 2 No. 2 GewO). In addition, a social concept from a publicly recognized institution must be submitted, which sets out the measures to be taken to prevent the socially harmful effects of gambling (Section 33c para. 2 no. 3 GewO).

• Certificate of good conduct for authorities

  (to be applied for at the municipality of residence)

• Extract from the Central Business Register
• Confirmation of the municipality on the suitability of the installation site
• Certificate of instruction (IHK)
• Social concept

• Reliability of the trader
• Suitability of the installation site
• Proof of training (IHK)
• Social concept

• 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 central trade register: 13 EURO each

approx. 3 - 5 weeks