Spiele mit Gewinnmöglichkeit; Beantragung einer Erlaubnis zur Veranstaltung

If you want to organize commercial games with the possibility of winning (e.g. games of skill), you need a permit from the competent authority.

Anyone wishing to organize another game with the possibility of winning on a commercial basis requires a permit from the competent authority. Another game" primarily refers to games of skill.

A game of skill is deemed to exist if the player 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 event. The permit is tied to the person and the venue.

Permission can be granted to natural and legal persons. In the case of partnerships without legal personality (e.g. OHG, KG), a permit is required for each managing partner; this also applies to limited partners if 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.

There are also games with the possibility of winning for which a permit is not required (usually with prizes worth no more than EUR 60). Check with the responsible municipality beforehand whether or not you require a permit for a particular game.

• 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 (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 venue:
  • Proof of the venue with details of the exact location where you would like 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 (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)
  • Certificate of good conduct for submission to an authority (document type O; to be applied for at the municipality of main residence)
• 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

General requirements

• You are in possession of a clearance certificate from the Federal Criminal Police Office (in the case of traveling trade: from the State Criminal Police Office) or a copy thereof.
• You and the trader in whose business the game is to be organized have the necessary reliability for the organization of games with the possibility of winning.
  Note: You do not have the necessary reliability if you have been convicted of a crime, theft, embezzlement, extortion, receiving stolen goods, money laundering, fraud, embezzlement, unauthorized organization of a game of chance, participation in unauthorized gambling or an offence under Section 27 of the German Youth Protection Act in the three years prior to submitting your application.

Additional requirements for games with cash prizes

• The game must be organized in an 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 drinking establishments, ice cream parlors, dairy parlors, establishments in which the serving of food or beverages plays only a minor role, as well as pubs, restaurants or accommodation establishments located on sports grounds, in sports halls, dance schools, bathing establishments, sports or youth homes or youth hostels, as well as other pubs, restaurants or accommodation establishments which by their nature or in fact are predominantly frequented by children or young people)

are organized.

• Event permit: 100 to 2,000 EUR
• Subsequent inclusion, amendment or addition of a condition: EUR 50 to 500
• Certificate of good conduct and extract from the central trade register: EUR 13 each

You can apply for permission in writing or, if necessary, via the online procedure at the responsible office. A simple e-mail is not sufficient.

You must provide the necessary information and submit any documents that may be relevant to the assessment of your application.

The permit may be granted for a limited period of time or subject to conditions if this is necessary to protect the general public, guests, residents of the premises or neighboring properties or in the interests of the protection of minors. Conditions may also be added, amended or supplemented at a later date.

approx. 3 - 5 weeks

none

If you wish to set up gaming devices with the possibility of winning (slot machines or gaming devices with goods), you require a permit in accordance with Section 33c of the GewO.

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

Administrative court action