Gaming machines with the possibility of winning; application for a permit to set them up

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 if their design has been approved by the Physikalisch-Technische Bundesanstalt (Section 33 c (1) sentence 2 GewO).

Such machines may only be installed in locations whose suitability has been confirmed in writing in advance by the municipality where the machine is to be installed (Section 33c(3) of the Trade Regulation Act (GewO)).
Gaming machines in which the prize consists of money (cash gaming machines) may, pursuant to § 1 (1) of the Gaming Ordinance (SpielV), only be installed in restaurants and bars, arcades, or similar establishments, or at betting outlets operated by licensed bookmakers.
Gaming machines where the prize consists of goods (goods-based gaming machines) may, pursuant to § 2 SpielV, also be installed at folk festivals, shooting festivals, or similar events, as well as at fairs or specialty markets.

A personal requirement for the granting of a permit is the applicant’s good character. The licensing authority verifies the applicant’s good character, in particular, on the basis of a certificate of good conduct—which the applicant must request from the municipality of residence—and an extract from the Central Trade Register.

In addition, the applicant must prove by means of a certificate from a chamber of industry and commerce that they have 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).

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

• Installation permit: 100 to 2000 EURO (tariff no. 5.III.5/7.1 list of costs)
• Confirmation of the suitability of the installation site: 30 to 100 EURO (tariff no. 5.III.5/7.3 list of costs)
• Certificate of good conduct and extract from the central trade register: 13 EURO each according to the judicial administration costs regulations

• § Section 33c of the Trade Regulation Act (GewO)

  Gaming machines with the possibility of winning

• Ordinance on Gaming Devices and Other Games with Winning Possibilities (Gaming Ordinance - SpielV)

approx. 3 - 5 weeks