andere Spiele mit Gewinnmöglichkeit Erlaubnis

§ Section 33d of the Trade Regulation Act (GewO)

If you wish to organize other games with the possibility of winning (e.g. games of skill) on a commercial basis, you require a commercial permit from the competent authority.

A game of skill exists if the person playing the game can determine the outcome of the game with a high degree of probability through skill or their own knowledge according to the game equipment and the rules of the game. In contrast, in games of chance, the decision on winning and losing is predominantly determined by chance.

The permit does not entitle you to organize games of chance in general, but only relates to a specific game. It is bound to you as a person and to the venue.

Permission can be granted to natural and legal persons. In the case of partnerships without their own legal personality (e.g. OHG, KG), a permit is required for each managing partner; this also applies to limited partners, provided they have management authority and are therefore to be regarded as traders. In the case of legal entities (e.g. GmbH, AG), the permit is issued to the legal entity.

The permit may be issued for a limited period or subject to conditions if this is necessary for the protection of the general public, guests, residents of the premises or neighboring properties or in the interests of the protection of minors. Subsequent inclusion, amendment and addition of conditions is also permitted.

There are also games with the possibility of winning for which you do not require a permit (usually with prizes worth a maximum of 60.00 euros).

You require a permit for gaming machines with the possibility of winning for slot machines or merchandise gaming machines.

You must submit the following documents for the examination for the granting of a permit for the installation of other games with the possibility of winning:

• Identity card or passport with a registration certificate (copy of the front and back if necessary)
• Valid residence permit/residence title (for non-EU nationals)
• for legal entities registered in the commercial, cooperative or association register of a local court, a current extract from the register
• in the case of legal entities in the process of being established (e.g. GmbH i.G.), the notarization of the shareholders' agreement
• for foreign legal entities, proof of registration in the foreign register with a certified German translation
• Clearance certificate from the Federal Criminal Police Office or a copy thereof

Proof of the gambling venue

• Details of the exact venue where you wish to organize the game (e.g. arcade, restaurant, public festival) and the duration of the event

Proof of personal reliability

• Extract from the central trade register (document type 9, to be applied for from the municipality of your main place of residence and/or, in the case of legal entities, from the municipality of your main place of business) (Leika key: 99052002109000)
• Certificate of good conduct for submission to an authority (document type O, to be applied for at the municipality of main residence) (Leika key: 99049001001000)

Proof of orderly financial circumstances:

• tax clearance certificate from the tax office
• tax clearance certificate from the tax office (municipality of residence or place of business)
• Online information from the debtor directory of the central enforcement portal of the local court
• Information from the insolvency department of the local court

In order to be granted a permit in accordance with Section 33d of the Tissue Ordinance, you must

fulfill the general requirements:

• Possession of a clearance certificate from the Federal Criminal Police Office or a copy thereof
• the necessary reliability for the organization of games with the possibility of winning - both of the person operating the game and of the commercial person in whose business the game is to be organized
• Anyone who has been convicted of a crime, theft, embezzlement, extortion, receiving stolen goods, fraud, embezzlement, illegal organization of a game of chance, participation in illegal gambling or an offence under Section 12 of the German Youth Protection Act (JuSchG) in the three years prior to submitting the application does not have the required reliability.

Requirements for games with cash prizes

• The game must be organized in an amusement arcade or similar establishment.
• A maximum of three such games may be organized there.

Requirements for games with prizes

The game must

• at public festivals, shooting festivals or similar events,
• fairs or special markets or
• in restaurants or accommodation establishments (with the exception of those that are predominantly frequented by children and young people)

be organized. A maximum of 3 such games may be organized in restaurants.

You must apply for permission to set up other games with the possibility of winning online or from the competent authority. Individuals (natural persons) apply for the permit themselves or through an authorized third party. In the case of legal entities, the application must be submitted by their legal representatives or by a third party authorized in writing.

Once you have submitted the application and all documents are complete, the competent authority will check whether you meet all the requirements.

If all requirements are met, you will receive the requested permit.

If you wish to organize another game as a "travelling trade" within the meaning of Section 33d GewO, you require a permit from the competent authority for the respective place of business in accordance with Section 60a GewO. Please note that different fees may be associated with this than with the "standing trade".

• Apply to set up other games with the possibility of winning
• Applicant requires a permit to be able to commercially organize other games with the possibility of winning
• Permit only ever relates to a specific game
• Permission is linked to the applicant as a person and to the venue
• Applicant can be a natural or legal person
• The permit can be issued for a limited period or be subject to conditions
• Responsible: Local regulatory authorities

• Written form required: no
• Online procedure possible: yes
• Personal appearance required: yes