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).

They may only be set up in locations whose suitability has been confirmed in writing in advance by the municipality where they are to be set up (§ 33 c Para. 3 GewO).
In accordance with Section 1 (1) of the Gaming Ordinance (SpielV), gaming machines where the prize is money may only be set up in pubs and restaurants, arcades or similar businesses or betting offices of licensed bookmakers.
According to Section 2 SpielV, gaming devices where the prize consists of merchandise (merchandise gaming devices) may also be set up at public festivals, shooting festivals or similar events, fairs or special markets.

The personal requirement for the granting of a permit is the reliability of the applicant. Reliability is checked by the licensing authority, in particular on the basis of a certificate of good conduct to be applied for by the applicant 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