Gaming machines offering the chance to win; applying for a licence to install them

The most widespread form of commercial gaming machines are the prize-drawing machines regulated under Section 33c of the Trade Regulation Act (GewO), the outcome of which depends on chance – and not on the player’s skill.

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 a prize, is subject to authorisation under Section 33c(1), first sentence, of the Trade Regulation Act (GewO).Only those gaming machines offering

the possibility of a win may be installed whose design has been approved by the Physikalisch-Technische Bundesanstalt (PTB) (Section 33c(1), second sentence, of the GewO).

Such machines may only be installed in premises whose suitability has been confirmed in writing in advance by the local authority of the installation site (Section 33c(3) of the Trade Regulation Act (GewO)).
Gaming machines where the prize consists of money (cash gaming machines) may, pursuant to Section 1(1) of the Gaming Ordinance (SpielV), only be installed in pubs and restaurants, amusement 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 Section 2 of the Gaming Ordinance (SpielV), also be installed at folk festivals, shooting festivals or similar events, fairs or special markets. A

personal requirement for the granting of a licence is the applicant’s good character. The licensing authority assesses the applicant’s reliability, in particular, on the basis of a certificate of good conduct – which the applicant must apply for from their local authority – and an extract from the Central Trade Register.

Furthermore, the applicant must provide evidence, in the form of a certificate from a Chamber of Industry and Commerce, that they have been instructed in the knowledge of player protection and the protection of minors required for the pursuit of the trade (Section 33c(2)(2) of the Trade Regulation Act (GewO)). Furthermore, a social policy document drawn up by a publicly recognised institution must be submitted, setting out the measures intended to prevent the socially harmful effects of gambling (Section 33c(2)(3) of the German Trade Regulation Act (GewO)).