Spielgeräte mit Gewinnmöglichkeit Bestätigung des Aufstellortes

• § Section 33c (3) of the Trade Regulation Act (GewO)
• Gaming Ordinance (SpielV)

As a commercial operator, you may only set up gaming devices with the possibility of winning (goods prizes, cash prizes) if the competent authority has confirmed in writing that the installation location is suitable for this purpose.

As a commercial operator, you may only set up gaming devices with the possibility of winning prizes (goods prizes, cash prizes) if the competent authority has confirmed in writing that the installation site is suitable for this purpose.

The confirmation that you require for the installation and operation of such gaming devices may be subject to conditions at any time. The conditions may relate to the installation site, insofar as this is necessary for the protection of the general public, guests or residents of the respective business premises or neighboring properties or in the interests of the protection of minors.

The exact provisions regarding installation locations are set out in the Gaming Ordinance.

A gaming machine where the prize is money (slot machine) may only be installed

1. in accommodation establishments or in rooms of pubs and restaurants where drinks or food are consumed on the premises, or
2. in amusement arcades or similar businesses, or
3. in betting offices of licensed bookmakers (according to § 2 RennwLottG).

You may not, for example, set up a gaming machine at public festivals, fairs, in drinking establishments, ice cream bars or in pubs and restaurants located on sports grounds, in sports halls, dance schools, bathing establishments or youth hostels.

As a rule, a site inspection is carried out, especially if equipment is to be set up in the premises for the first time or if the premises have changed.

Note: If you do not set up the play equipment yourself, but have it set up in your business, you may only allow it to be set up if you

• comply with the quantity restrictions,
• you have ensured that the person setting up the play equipment has a permit to do so and
• a type approval from the Physikalische-Technische Bundesanstalt is available for the play equipment

You will need the following documents to process the application:

1. Completed application form,
2. Permission to set up gaming machines in accordance with § 33c Para. 1 of the Trade, Commerce and Industry Regulation Act,
3. Current business registration,
   1. ID card or passport of the operator with a current registration certificate (in the case of representation with written power of attorney: ID card or passport of the authorized representative, as well as a copy of the ID card of the person granting the power of attorney),
4. Current extract from the register of the applicant in the case of a legal entity.

In accordance with Section 1 of the Gaming Ordinance, the installation location of a gaming device with the possibility of winning must be in a

1. a pub or restaurant where food and drink can be consumed on the premises, or
2. in an accommodation establishment, an amusement arcade or similar establishment and
3. a betting office of a licensed bookmaker (in accordance with Section 2 RennwLottG), so that the competent authority confirms that the location is suitable.

The fees for confirmation in accordance with Section 33c (3) of the Trade Regulation Act currently range between €100 and €1,000.

You will receive a notification of fees.

The administrative fees are set in accordance with the Act on the Levying of Administrative and User Fees in the Saarland (SaarlGebG) in conjunction with the General Fee Schedule for the Saarland (GebVerz) (here: Section 385.5.2).

In the event of rejection:

If an application for the performance of an official act is withdrawn before it is completed, up to 75 percent of the full fee is payable, depending on the expenses already incurred (Section 9 (2) SaarlGebG).

You will receive confirmation and a fee notice. As a rule, a site inspection is carried out.

You do not have to observe any statutory deadlines when submitting your application.

In the event of changes to the restaurant operation (e.g. conversions, concept changes, change of operator, etc.), a new application must be submitted by the operator.

Contradiction

• Gaming machines with the possibility of winning Confirmation of the installation location
• In order to be allowed to set up gaming devices with the possibility of winning, the suitability of the installation location must be determined; according to Section 33c of the German Trade and Industry Regulation Act, it must be proven for each installation location of gaming devices with the possibility of winning that it is suitable for this purpose; such a confirmation of suitability by the local competent authority is a prerequisite for the installation of gaming devices with the possibility of winning; In principle, gaming devices with the possibility of winning may only be set up in rooms of bars or restaurants where drinks and food can be consumed on the spot, accommodation establishments, amusement arcades and similar establishments as well as betting offices of licensed bookmakers.
• Responsible: Trade or public order office of the municipality

Trade or public order office of the municipality