Spielgeräte mit Gewinnmöglichkeit Erlaubnis

• § Section 33c of the Industrial Code (GewO)
• Ordinance on Gaming Devices and Other Games with Winning Possibilities (SpielV)

If you want to set up gaming machines with the possibility of winning commercially, you need a permit. In addition, you must prove that the chosen location is suitable for this purpose for each machine installed.

Anyone wishing to commercially install gaming devices that are equipped with a technical device that influences the outcome of the game and where a win is possible requires a permit from the competent authority.If you are an operator of gaming machines and have found a location, you will also need a confirmation of suitability for the respective location in accordance with Section 33c (3) of the German Industrial Code.

Who needs a permit?

• The operator of the gaming devices requires a personal permit, which is not transferable,
• In the case of partnerships (e.g. GbR, OHG), a permit is required for each partner,
• In the case of legal entities (GmbH/UG), the legal entity applies for the permit, whereby the documents for the reliability check and expertise must be submitted by each managing director.

If the gaming devices with the possibility of winning are set up in a gaming hall, a separate permit must be obtained for this (gaming hall permit).

You must be able to prove your personal reliability, the required expertise and a social concept in order to be granted a permit by the competent authority.

The competent authority can impose conditions at any time, both on you and on the trader(s) in whose establishment a gaming machine is to be installed.

It should be noted that the activity requiring a permit may only be carried out after the corresponding permit has been issued. A possible violation constitutes an administrative offense and can be punished with a fine.

You will need the following documents to process the application:

1. Identity card or passport with a registration certificate (copy of the front and back if necessary),
2. Valid residence permit/residence title if applicable (for non-EU nationals),
3. Current register excerpt for legal entities entered in the commercial, cooperative or association register of a local court,
4. Notarial certification of the shareholders' agreement for legal entities being established (e.g. GmbH i. G.),
5. If applicable, proof of registration in the foreign register with a certified German translation for foreign legal entities,
6. Proof of notification of the Chamber of Industry and Commerce,
7. Social concept setting out the measures to be taken to prevent the socially harmful effects of gambling.

Proof of personal reliability:

1. Extract from the central trade register (document type 9, to be applied for from the municipality of the main place of residence and/or, in the case of legal entities, from the municipality of the main establishment),
2. Certificate of good conduct for presentation to an authority (document type OG, to be applied for at the municipality of the main place of residence).

Proof of orderly financial circumstances:

1. Certificate in tax matters from the tax office,
2. Tax clearance certificate from the tax office (municipality of residence or place of business),
3. Online information from the debtor directory of the central enforcement portal of the local court,
4. Information from the insolvency department of the local court.

In order for you to be granted a permit in accordance with Section 33c of the Tissue Ordinance, you must prove the following:

1. Your personal reliability: Reliability is checked on the basis of various documents. The applicant must provide information from the Federal Central Criminal Register (certificate of good conduct) and information from the Central Trade Register,
2. The required expertise: Proof of instruction on the necessary knowledge of player and youth protection,
3. A social concept: A concept from a publicly recognized institution in which measures are set out to prevent the socially harmful effects of gambling.

The fees for the permit to set up technically operated gaming devices with the possibility of winning (§ 33c Para. 1 of the Trade, Commerce and Industry Regulation Act) are currently between €100 and €1600.

You will receive a notification of fees.

The administrative fees are set in accordance with the Law 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 385.5.1).

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 must first obtain all the necessary documents and submit them to the authorities.

The authority will check your commercial reliability

If all requirements are met, you will receive the permit with a fee notice.

Please note that you may only carry out the activity requiring a permit after the corresponding permit has been issued. Any violation constitutes an administrative offense and can be punished with a fine.

Please note: Anyone who sets up gambling machines or gaming devices without the required permit - general set-up permit - is acting in violation of the regulations. The same applies to anyone who sets up these devices without the competent authority having certified that the installation site is safe. These administrative offenses can be punished with fines.

Contradiction

If you want to set up gaming machines with the possibility of winning on a commercial basis, you need a permit in accordance with Section 33c of the Trade, Commerce and Industry Regulation Act. With a permit to set up gaming machines with the possibility of winning, you can set up gaming machines anywhere in Germany. Each installation site must be individually approved by the competent authority. Gaming machines may onlybe set up if you have all the necessary permits

Trade or public order office of the municipality