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Gaming arcade; application for a permit to operate

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  • Brief description

    If you want to operate an amusement arcade or similar business on a commercial basis, you need a permit.
  • Description

    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 as defined in § 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, GewO are prize-winning machines equipped with a technical device that influences the outcome of the game and that offer the possibility of a prize (slot machines).

    Section 33d of the GewO concerns 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 § 33i(1), sentence 1, of the GewO primarily encompasses so-called casinos, in which other games offering the possibility of a win within the meaning of § 33d of the GewO are generally played.

    The gaming hall 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 intended 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 arcade must not pose a risk to minors, lead to excessive exploitation of the urge to gamble, cause harmful environmental impacts, or otherwise result in unreasonable nuisance to the general public, neighbors, or an institution serving the public interest.

    Since July 1, 2012, in addition to a business license, a gambling license pursuant to § 24(1) GlüStV and Art. 10 AGGlüStV has been required; this license is issued by the same authority. The issuance of this permit requires that the establishment and operation of the gaming hall do not conflict with the objectives of § 1 GlüStV (e.g., preventing the development of gambling addiction, ensuring the protection of minors and players, and guaranteeing the proper conduct of games of chance, etc.). In addition, compliance is required with the youth protection requirements under § 4(3) of the GlüStV, the Internet ban under § 4(4) of the GlüStV, the ban on audiovisual or purely visual transmission of slot machine games and participation via the Internet under § 22c( 4 of the GlüStV 2021, the advertising restrictions under § 5 GlüStV, the requirements for the social concept under § 6 GlüStV, and the requirements for informing the public about addiction risks under § 7 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). Exceptions to the minimum distance are possible under certain conditions.

    Special information for the Bad Tölz-Wolfratshausen district

    You will find the following documents in the Forms section:

    • Information sheet on gambling licenses Internet presence.
    • Application for a permit to operate an amusement arcade.
    • Application for a gaming license in accordance with Section 24 GlüStV.
    • Appendix Declaration Audiovisual transmissions.
    • Appendix Declaration of the present information concept.
    • Appendix Explanation of this social concept.
    • Appendix Explanation of the advertising concept.
    • Enclosure Cease and desist declaration Internet prohibition.
    • Enclosure Cease and desist declaration betting brokerage.
    • Enclosure Declaration of commitment Access from 21.
    • Information sheet on applying to operate an amusement arcade.
  • Prerequisites

    • Reliability of the trader
    • Suitability of the rooms
    • Safety of the operation
    • 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
    • Presentation of a social concept and an information concept (information on addiction risks)
    • Compliance with the ban on multiple gaming arcades
    • Maintaining the minimum distance to other arcades
  • Deadlines

    none
  • Required documents

    Extract from the Central Business Register

    Building permit

    Floor plan of the total area

    Certificate of Good Conduct for government agencies

    (to be requested from the municipality of residence)

    Social concept

    Advertising concept

    Information concept (education on addiction risks)

    Declaration of Undertaking regarding the internet ban pursuant to § 4(4) GlüStV

    Statement/explanation as to whether other gaming arcades are located within the building or building complex and whether another gaming arcade is located within a distance of less than 500m/250m as the crow flies
  • Forms

    Special information for the Bad Tölz-Wolfratshausen district
  • Costs

    The fee range for an arcade license is between 150 and 3,000 euros (Rate 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 Code of Judicial Administration Costs

  • Legal basis

  • Legal remedy

    Administrative court action
  • Procedure

    You must apply for permission from the appropriate authority.

  • Processing time

    approx. 3 - 5 weeks