Gaming machines offering the chance to win; Application for a permit to install them

The most common type of commercial gaming machine is the prize-winning machine regulated by Section 33c of the Trade Regulation Act (GewO), the outcome of which depends on chance—and not on the player’s skill.

The commercial operation of such gaming machines—which are equipped with a technical device that influences the outcome of the game and offer the possibility of a prize—requires a license under Section 33c(1), sentence 1, of the Trade Regulation Act (GewO).

Only gaming machines offering the possibility of a prize may be installed if their design has been approved by the Federal Physical-Technical Institute (§ 33c (1), sentence 2, GewO).

Such machines may only be installed in locations whose suitability has been previously confirmed in writing by the municipality where the machine is to be installed (Section 33c(3) of the German Trade Regulation Act (GewO)).
Gaming machines in which the prize consists of money (money gaming machines) may, pursuant to § 1(1) of the Gaming Ordinance (SpielV), only be installed in bars and restaurants, arcades, or similar establishments, or at betting offices operated by licensed bookmakers. 
Gaming machines where the prize consists of goods (goods-based gaming machines) may, pursuant to § 2 of the Gaming Ordinance (SpielV), also be installed at folk festivals, shooting festivals, or similar events, as well as at annual fairs or specialty markets.

A personal requirement for the granting of a license is the applicant’s reliability. The licensing authority verifies this reliability, in particular, on the basis of a certificate of good conduct—which the applicant must request from the municipality of residence—and an extract from the Central Trade Register.

In addition, the applicant must provide a certificate from a Chamber of Industry and Commerce proving that they have received the necessary training regarding the protection of players and minors required to operate the business (Section 33c(2)(2) of the Trade Regulation Act (GewO)). Furthermore, a social concept developed by a publicly recognized institution must be submitted, setting forth the measures intended to prevent the socially harmful effects of gambling (Section 33c(2)(3) of the German Trade Regulation Act (GewO)).

Restaurants, lodging establishments, arcades, and bookmakers’ betting outlets that provide gaming machines or games involving money or goods with the possibility of winning must be connected to the OASIS player exclusion system as of June 30, 2022, to combat gambling addiction.

The following confirmations must be available for each gaming machine that accepts money or goods:

Requirement to Connect to the OASIS Player Exclusion System for Restaurants (including lodging establishments), arcades, and bookmakers’ betting outlets that provide gaming machines or prize-based gaming devices offering the possibility of winning

With the entry into force of the State Treaty on the New Regulation of the Gambling Industry in Germany (State Treaty on Gambling 2021 – GlüStV 2021), as of July 1, 2021, for the first time, restaurants (including lodging establishments), as well as arcades and bookmakers’ betting outlets—provided they provide gaming machines or games of chance offering the possibility of winning money or goods—will be required to connect to the central, cross-game player exclusion system OASIS.
Compliance with these obligations rests—to the extent that their influence extends to operational processes—with both the machine installer and the operator of the premises where the machines are installed, even if they are different individuals ; for example, the restaurant owner or the arcade operator. Violations of the aforementioned obligations constitute administrative offenses pursuant to Section 28a(1)(29)–(36) of the GlüStV 2021 and may be subject to a fine of up to €500,000.
The State of Hesse, represented by the Darmstadt Regional Council, is responsible for establishing and maintaining the OASIS player exclusion system. The Regional Council provides further information on its website regarding registration and technical questions. Since July 1, 2021, an online registration form for connecting to the OASIS player exclusion system has been available on the website for all operators and slot machine operators.
Since it was foreseeable that connecting to OASIS and implementing the aforementioned obligations would not yet be fully possible by the time the 2021 State Treaty on Gaming came into effect, a temporary transitional regulation was in place in Bavaria until June 30, 2022. This provision clarifies that arcades, as well as restaurants, lodging establishments, and bookmakers’ betting outlets, that provide gaming machines or games of chance offering the possibility of winning, are exempt from the obligation to connect to OASIS and from fulfilling the obligations under Sections 8 and 8a of the State Treaty on Gaming (GlüStV), as long as and to the extent that this is not yet technically possible. This exemption was valid until June 30, 2022, at the latest.
However, the transitional provision exempted operators from fulfilling these obligations only to the extent that connecting to OASIS and fulfilling these obligations was not yet technically feasible. The obligation to take preparatory measures that were already feasible—and, in particular, to submit an application to the Darmstadt Regional Council as of July 1, 2021—remained unaffected.
For the aforementioned establishments that operate gaming machines or games involving money or goods with the possibility of winning, and for which no application for connection to OASIS has yet been submitted, this must be done immediately.

OASIS Contact:

Phone: +49 6151 128-611
Email: oasis@rpda.hessen.de
Fax: +49 611 327-642-127

The online application can be submitted here: Darmstadt Regional Council

Currently, the Darmstadt Regional Council has not yet been able to fully process all applications for OASIS connection that have already been submitted. Applicants have therefore received or will receive confirmation in advance that their application has been submitted.

 

Confirmation of the suitability of the installation site

Pursuant to Section 33c of the Trade Regulation Act (GewO) , a business operator may only install gaming machines equipped with a technical device that influences the outcome of the game and offers the possibility of a win if the competent authority has confirmed in writing that the installation site meets the requirements of the Gaming Ordinance (SpielV) (confirmation of suitability). For installation sites for which no suitability confirmation valid for the current operator has yet been applied for, an additional application for determination of the suitability of the installation site (suitability confirmation) must be submitted. You can also find the form on the service portal at erlangen.de.

Additional information:
The requirement to connect to the central exclusion database entails a number of obligations for organizers and intermediaries of games of chance, as set forth in Sections 8 and 8a of the GlüStV 2021. Specifically, the following are particularly noteworthy:

• Conducting an identity check and a comparison with the exclusion database (Section 8(3), first sentence, GlüStV 2021), in gaming halls upon each entry and, in other settings (e.g., restaurants), before the first game played during a visit (Section 8(3), sentence 4, GlüStV 2021),
• Ensuring that barred players do not participate in games of chance (Section 8(3), sentence 3, GlüStV 2021)
• Prohibition on influencing a barred player to submit a request for lifting the ban or granting benefits such as bonuses or discounts to players whose ban has been lifted (Section 8(4) GlüStV 2021)
• Exclusion of individuals (Section 8a(1) GlüStV 2021) who request it (self-exclusion) or who, based on staff observations, reports from third parties, or other similar indications, must be presumed that they are at risk of gambling addiction or are heavily in debt, are failing to meet their financial obligations, or are risking wagers that are disproportionate to their income or assets (exclusion at the request of third parties)
• Entry of the data required for a ban into the ban file (Section 8a(4) GlüStV 2021)
• Notification to the affected individual of the entry of a suspension (§ 8a(5) GlüStV 2021)
• Retention of self-exclusion requests and all documents related to third-party exclusions; in the event of business closure, mergers, insolvency, or other reasons that make further retention impossible, transfer of the documents to the authority responsible for maintaining the restriction file (Section 8a(7) GlüStV 2021)

• Reliability of the Business Owner
• Suitability of the Installation Site
• Certificate of Training (IHK)
• Social Plan

about 3–5 weeks

• Certificate of Good Conduct for Government Agencies
  (Apply at your municipality of residence)
• Extract from the Central Business Register
• Confirmation from the municipality regarding the suitability of the installation site
• Certificate of Training (IHK)
• Social Plan

• Installation Permit: 100 to 2,000 euros (Tariff No. 5.III.5/7.1 Schedule of Fees)
• Confirmation of the suitability of the installation site: 30 to 100 euros (Rate No. 5.III.5/7.3, Schedule of Fees)
• Certificate of Good Conduct and extract from the Central Trade Register: 13 EURO each, in accordance with the Judicial Administration Cost Regulations