Arcade; Application for an Operating Permit

The commercial operation of an arcade or a similar business that is exclusively or primarily dedicated to the installation of gaming machines or the organization of other games within the meaning of § 33c(1), sentence 1, of the Trade Regulation Act (GewO) or § 33d(1), sentence 1 of the German Trade Regulation Act (GewO), is subject to a license. 

Gaming machines within the meaning of § 33c(1), sentence 1, of the German Trade Regulation Act (GewO) are machines that offer the possibility of a prize and are equipped with a technical device that influences the outcome of the game (slot machines).

§ 33d of the Trade Regulation Act (GewO) pertains to games of skill (not games of chance), i.e., games in which the outcome—win or loss—depends not on chance but on the player’s physical and/or mental abilities.

The term “similar business” in Section 33i(1), sentence 1 of the German Trade Regulation Act (GewO) primarily refers to so-called casinos, in which, as a rule, other games offering the possibility of a win within the meaning of Section 33d of the German Trade Regulation Act (GewO) are played.

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

A prerequisite for granting the license is the applicant’s good character, which is verified by means of a certificate of good conduct and an extract from the Central Trade Register. The premises designated for the operation of the arcade must be suitable in terms of their location and condition, i.e., they must comply with police and building code requirements. Furthermore, the operation of the gaming hall must not give rise to any concern regarding a threat to minors, excessive exploitation of the urge to gamble, harmful environmental impacts, or any other unreasonable nuisance to the general public, neighbors, or an institution serving the public interest.

Since July 1, 2012, in addition to a commercial license, a gambling license pursuant to § 24(1) GlüStV and Art. 10 AGGlüStV has been required, which is issued by the same authority. The issuance of this permit is contingent upon the establishment and operation of the arcade not contravening the objectives of Section 1 of the GlüStV (e.g., preventing the development of gambling addiction, ensuring the protection of minors and players, ensuring the proper conduct of games of chance, etc.). In addition, compliance is required with the youth protection requirements under Section 4(3) of the GlüStV, the ban on internet access under Section 4(4) of the GlüStV, the prohibition on audiovisual or purely visual transmission of slot machine games, and participation via the internet under Section 22c( 4 of the GlüStV 2021, the advertising restrictions under Section 5 of the GlüStV, the requirements for the social concept under Section 6 of the GlüStV, and the requirements for informing players about addiction risks under Section 7 of the GlüStV must be ensured. Furthermore, the gaming hall may not be structurally connected to other gaming halls—in particular, it may not be housed in a shared building or building complex with other gaming halls (prohibition on multiple licenses)—and must maintain a minimum distance of 500 meters or 250 meters (for existing gaming arcades or those for which a complete application for a gaming license was submitted by June 30, 2017). Under certain conditions, exceptions to the minimum distance requirement are possible.

• Reliability of the Business Owner
• Suitability of the Premises
• Safety of operations
• Compliance with the objectives of § 1 GlüStV (e.g., preventing the development of gambling addiction, ensuring the protection of minors and players, and
• ensuring the proper conduct of games of chance, etc.)
• Compliance with youth protection requirements and advertising restrictions
• Submission of a social plan and an information plan (education on addiction risks)
• Compliance with the ban on multiple gaming arcades
• Maintaining the minimum distance from other gaming parlors

You must apply for permission from the appropriate authority.

about 3–5 weeks

• Extract from the Central Business Register
• Building Permit
• Floor plan of the entire area
• Certificate of Good Conduct for Government Agencies
  (Apply at your municipality of residence)
• Social Plan
• Advertising Concept
• Information Strategy (Education on Addiction Risks)
• Cease-and-desist letter regarding the Internet ban pursuant to § 4(4) of the GlüStV
• Indication/explanation of whether the building or building complex houses any other arcades and whether another arcade is located within a distance of less than 500 meters/250 meters as the crow flies

The fee range for an arcade license is between 150 and 3,000 euros (Tariff No. 5.III.5/10, Schedule of Fees).

Certificate of Good Conduct and extract from the Central Trade Register: 13 euros each, in accordance with the Judicial Administration Cost Regulations