Service content
Description of the
Anyone wishing to organise 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 exists 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 largely determined by chance.
The authorisation does not entitle you to organise competitions in general, but only relates to a specific event. The authorisation is tied to the person and the venue.
Authorisation can be granted to natural and legal persons. In the case of partnerships without legal personality (e.g. OHG, KG), a licence is required for each managing partner or shareholder; 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 licence is issued to the legal entity.
There are also games with the possibility of winning that do not require a licence (usually with prizes worth no more than EUR 60). Check with your local authority beforehand whether or not you require a licence for a particular game.
Prerequisites
General requirements
- You are in possession of a clearance certificate from the Federal Criminal Police Office (for travelling trade: from the State Criminal Police Office) or a copy thereof.
- You and the business operator at whose premises the game is to be held meet the necessary reliability requirements for organising games of chance.
Note: You do not meet the required standards of reliability if, in the three years prior to submitting your application, you have been convicted of a criminal offence, theft, embezzlement, extortion, handling stolen goods, money laundering, fraud, breach of trust, the unauthorised organisation of gambling, participation in unauthorised gambling, or an offence under Section 27 of the Youth Protection Act.
Additional requirements for games with cash prizes
- The game must be organised in an amusement arcade or similar establishment.
- A maximum of three such games may be organised there.
Requirements for games with merchandise winnings
The game must
- at folk festivals, shooting festivals or similar events,
- fairs or speciality markets or
- in restaurants or accommodation establishments (excluding drinking establishments, ice cream parlours, milk parlours, establishments in which the serving of food or drink 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)
be organised.
Deadlines
none
Required documents
You must submit the following documents for the examination for the granting of a licence 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 being formed (e.g. GmbH i.G.), the notarisation 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 wish to organise the game (e.g. amusement 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 main place of 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
Costs
- Event permit: EUR 100 to EUR 2,000 (No. 5.III.5/9.1 of the Schedule of Costs under the Bavarian Costs Act)
- Certificate of good conduct and extract from the central trade register: EUR 13 each
Legal basis
Legal remedy
Administrative court action
Procedure
You can apply for a licence from the competent authority.
You must provide the necessary information and submit any documents that may be relevant to the assessment of your application.
Permission may be granted for a limited period or subject to conditions if this is necessary to protect the general public, guests, residents of the premises or neighbouring properties or in the interests of the protection of minors. Conditions may also be added, amended or supplemented at a later date.
Notes
If you wish to set up gaming machines with the possibility of winning (slot machines or gaming machines with goods), you require a licence in accordance with Section 33c of the GewO.
If you wish to organise another game within the meaning of Section 33d GewO as a "travelling trade", you require a permit from the competent authority for the respective place of business in accordance with Section 60a (2) GewO. Please note that different fees may be associated with this than with the "standing trade".
Processing time
approx. 3 - 5 weeks