Gaming arcade; application for a permit to operate

The commercial operation of an amusement arcade or a similar business that is used exclusively or predominantly for the installation of gaming devices or the organization of other games within the meaning of Section 33c (1) sentence 1 GewO or Section 33d (1) sentence 1 GewO or the commercial installation of entertainment games without the possibility of winning is subject to licensing.

Gaming machines within the meaning of Section 33c (1) sentence 1 GewO are gaming machines that are equipped with a technical device that influences the outcome of the game and offer the possibility of winning a prize (slot machines).

§ Section 33d GewO relates to games of skill (not games of chance), i.e. games in which the decision to win or lose does not depend on chance, but on the physical and mental abilities of the player.

While the installation of gaming devices within the meaning of Section 33c and Section 33d GewO is also subject to licensing in accordance with these regulations, the entertainment games without the possibility of winning, which are also mentioned in Section 33i GewO, do not require a separate license.

The term "similar business" in Section 33i GewO primarily covers so-called casinos, in which other games with the possibility of winning within the meaning of Section 33d GewO are generally played.

The gaming arcade license is tied to a specific person and specific premises.

In this respect, the applicant's reliability is a prerequisite for the granting of the permit, which is checked on the basis of a certificate of good conduct and an extract from the central trade register. The premises intended for the operation of the gaming arcade must be suitable in terms of their location and condition, i.e. they must comply with police and building regulations. Furthermore, the operation of the arcade must not pose a risk to young people, excessive exploitation of the gambling instinct, harmful effects on the environment or any other unreasonable nuisance to the general public, neighbors or a facility in the public interest.

Since 01.07.2012, in addition to the permit under commercial law, a permit under gambling law pursuant to Section 24 (1) GlüStV and Art. 10 AGGlüStV is required, which is issued by the same authority. The granting of the permit requires that the establishment and operation of the gaming hall does not run counter to the objectives of Section 1 GlüStV (e.g. preventing the development of gambling addiction, ensuring the protection of minors and players, ensuring the proper conduct of gambling, etc.). In addition, compliance with the requirements for the protection of minors pursuant to Section 4 Para. 3 GlüStV, the internet ban pursuant to Section 4 Para. 4 GlüStV, the advertising restrictions pursuant to Section 5 GlüStV, the requirements for the social concept pursuant to Section 6 GlüStV and the requirements for information on the risks of addiction pursuant to Section 7 GlüStV must be ensured. Furthermore, the gaming hall may not be located in a structural network with other gaming halls, in particular not in a shared building or building complex with other gaming halls (prohibition of multiple licenses) and must maintain a minimum distance of 500 meters or 250 meters (for existing gaming halls or those for which the full application for a gaming license was submitted by 30.06.2017) from other gaming halls. Under certain conditions, exceptions to the minimum distance are possible and gaming arcades that already existed on 01.01.2020 can be exempted from the ban on multiple licenses and from the regulations on the minimum distance.

• Reliability of the trader
• Suitability of the premises
• Safety of the operation
• Compliance with the objectives of Section 1 GlüStV (e.g. prevention of the development of gambling addiction)
• Ensuring the protection of minors and players
• Ensuring the proper conduct of games of chance, etc.)
• Compliance with youth protection requirements and advertising restrictions
• Presentation of a social concept and an information concept (information on addiction risks)
• Compliance with the ban on multiple gaming arcades
• Compliance with the minimum distance to other gaming arcades

approx. 3 - 5 weeks

• Extract from the central trade register
• Building permit
• Floor plan of the total area
• Certificate of good conduct for authorities
• Social concept
• Advertising concept
• Information concept (education about the risks of addiction)
• Cease-and-desist declaration with regard to the internet ban pursuant to Section 4 (4) GlüStV
• Presentation/explanation of whether the building or building complex houses other arcades and whether another arcade is less than 500m/250m away as the crow flies

The fee range for a gaming arcade license is between 150 and 3,000 euros (tariff no. 5.III.5/10).

Certificate of good conduct and extract from the central trade register each 13 euros in accordance with the Code of Judicial Administration Costs