Gaming machines with the possibility of winning; application for a permit to set them up

The most widespread form of commercial gaming devices are the gaming machines regulated in Section 33c of the German Trade Regulation Act (GewO), the outcome of which depends on chance and not on the skill of the player.

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 winning, is subject to licensing in accordance with Section 33 c (1) sentence 1 GewO.

Only gaming devices with the possibility of winning may be set up whose design has been approved by the Physikalisch-Technische Bundesanstalt (§ 33 c Para. 1 S. 2 GewO).

They may only be set up at locations whose suitability has been confirmed in writing by the municipality where they are to be set up (Section 33c (3) GewO).
Pursuant to Section 1 (1) of the Gaming Ordinance (SpielV), gaming devices where the prize is money (gaming machines) may only be set up in pubs and restaurants, arcades or similar businesses or betting offices of licensed bookmakers.
According to Section 2 SpielV, gaming devices where the prize consists of merchandise (merchandise gaming devices) may also be set up at public festivals, shooting festivals or similar events, fairs or special markets.

The personal requirement for the granting of a permit is the applicant's reliability. Reliability is checked by the licensing authority in particular on the basis of a certificate of good conduct to be applied for by the applicant 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 to prove that he/she has been instructed in the knowledge required to exercise the trade with regard to the protection of players and minors (Section 33c Para. 2 No. 2 GewO). In addition, a social concept from a publicly recognized institution must be submitted, which sets out the measures to be taken to prevent the socially harmful effects of gambling (Section 33c Para. 2 No. 3 GewO).

Since June 30, 2022, restaurants, accommodation establishments, gaming arcades and bookmakers' betting outlets that have cash or gaming machines with the possibility of winning must be connected to the OASIS player blocking system to combat gambling addiction.

The following confirmations must be provided for each gaming machine or gaming device installed

Obligation to connect to the OASIS player blocking system for restaurants (including accommodation establishments), gaming arcades and bookmakers' betting outlets that have cash or gaming machines with the possibility of winning available

With the entry into force of the Interstate Treaty on the New Regulation of Gambling in Germany (Interstate Treaty on Gambling 2021 - GlüStV 2021), restaurants (including accommodation establishments) as well as gaming arcades and bookmakers' betting outlets will be obliged to connect to the central, cross-format player blocking system OASIS for the first time since July 1, 2021, insofar as they have cash or gaming machines with the possibility of winning.
The fulfillment of these obligations is the responsibility of both the operator of the machine and the operator of the location where the machine is installed, for example the innkeeper or the arcade operator, insofar as they are able to influence the course of operations. Violations of the aforementioned obligations constitute administrative offenses pursuant to Section 28a (1) Nos. 29 - 36 GlüStV 2021, which can be punished with a fine of up to €500,000.
The state of Hesse, represented by the Darmstadt Regional Council, is responsible for setting up and maintaining the OASIS player blocking system. It provides more detailed information on the connection and technical issues on its website. Since July 1, 2021, an online registration form for connection to the OASIS player blocking system has been available on the website for all event organizers/vending machine operators.
As it was foreseeable that a connection to OASIS and the implementation of the aforementioned obligations would not yet be fully possible at the time the State Treaty on Gambling came into force in 2021, Bavaria introduced a transitional regulation limited until June 30, 2022. This clarifies that gaming arcades as well as restaurants, accommodation establishments and bookmakers' betting outlets that provide gaming machines with the possibility of winning are exempt from the obligation to connect to OASIS and from fulfilling the obligations under Sections 8 and 8a GlüStV as long as and to the extent that this is not yet technically possible. This exemption was valid until the end of June 30, 2022 at the latest.
However, the transitional regulation only exempted the fulfillment of these obligations insofar as the connection and fulfillment of these obligations was not yet technically possible. The obligation to take possible preparatory measures and, in particular, to submit an application to the Darmstadt Regional Council since July 1, 2021 remained unaffected.
For the above-mentioned establishments that have cash or gaming machines with the possibility of winning and for which an application for connection to OASIS has not yet been submitted, this must be done immediately.

OASIS contact:

Phone: +49 6151 128-611
E-mail: 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 process all applications for connection to OASIS that have already been submitted. Applicants have therefore been/will be issued with a confirmation in advance that their application has been submitted.

Confirmation of the suitability of the installation site

Pursuant to Section 33c of the German Trade, Commerce and Industry Regulation Act (GewO) , the operator may only install gaming devices that are equipped with a technical device that influences the outcome of the game and that offer the possibility of winning if the competent authority has confirmed in writing that the installation location meets the requirements of the German Gaming Ordinance (SpielV)(confirmation of suitability). For locations for which no confirmation of suitability has yet been applied for for the current operator, an additional application must be made to determine the suitability of the location (confirmation of suitability). The form can also be found in the service portal at erlangen.de.

Additional information:
The obligation to connect to the central blocking file is accompanied by a large number of obligations for organizers and brokers of games of chance arising from Sections 8 and 8a GlüStV 2021. These include in particular

• Carrying out an identity check and a comparison with the blacklist (Section 8 (3) sentence 1 GlüStV 2021), in gaming arcades every time a player enters and otherwise, e.g. in restaurants, before the first game during a stay (Section 8 (3) sentence 4 GlüStV 2021)
• Ensuring that banned players do not participate in games of chance (Section 8 (3) sentence 3 GlüStV 2021)
• Prohibition of influencing a banned player, submitting an application for unblocking or granting benefits such as bonuses or discounts to players whose player ban has been lifted (Section 8 (4) GlüStV 2021)
• Blocking of persons (Section 8a (1) GlüStV 2021) who request this (self-blocking) or who, based on the perception of staff or reports from third parties or other similar indications, must be assumed to be at risk of gambling addiction or over-indebtedness, not meeting their financial obligations or risking stakes that are disproportionate to their income or assets (third-party blocking)
• Entry of the data required for a ban in the ban file (Section 8a (4) GlüStV 2021)
• Notification of the entry of a block to the person concerned (Section 8a (5) GlüStV 2021)
• Retention of blocking requests in the case of self-exclusion and all documents arising from third-party blocking; in the event of business closure, mergers, insolvency or other reasons that make further retention impossible, forwarding of the documents to the authority responsible for maintaining the blocking file (Section 8a (7) GlüStV 2021)

• Reliability of the trader
• Suitability of the installation site
• Proof of training (IHK)
• Social concept

approx. 3 - 5 weeks

• Certificate of good conduct for authorities
• Extract from the central trade register
• Confirmation from the municipality that the installation site is suitable
• Proof of training (IHK)
• Social concept

• Installation permit: 100 to 2000 EURO
• Confirmation of the suitability of the installation site: 30 to 100 EURO
• Certificate of good conduct and extract from the central trade register: 13 EURO each