Amusement arcade - apply for operating licence

Prerequisite

The requirements include

• general requirements under trade law, such as the reliability of the person operating the business, but also
• gambling law requirements, above all the submission of a social concept.

In the social concept you must state

• how you will prevent problem and pathological gambling,
• how you will monitor compliance with relevant regulations and deal with violations,
• how you refer affected gamblers to the help system, and
• who the responsible persons are.

You must provide special training for your staff at your own expense. The requirements for a social concept for gambling halls and further information on training can be found on the pages of the State Health Office. There you will also find information on training providers. The overview is updated continuously.

The operation of the gaming hall must meet the requirements of the protection of minors and gamblers. This also includes

• the implementation of admission controls, to ensure that no persons under the age of 18 are present in the gaming hall.
• educating and informing gamblers about the likelihood of winning and losing and the risks of addiction, and
• compliance with the advertising restrictions applicable to gambling halls.

You will not be granted a permit in the following cases:

• They are not sufficiently reliable.
  This is usually the case if you have been convicted by a final court decision within the last three years of a crime, theft, embezzlement, extortion, receiving stolen goods, fraud, embezzlement, unauthorised organisation of a game of chance, participation in unauthorised gambling or an offence under Section 12 of the Youth Protection Act.
• The premises intended for the operation of the trade do not meet the police requirements because of their nature and location.
  If you already have a building permit, the competent authority may not refuse you the gaming hall permit for reasons that it has already examined in the course of the building permit procedure.
• The operation of the gaming hall gives rise to fears of endangering young people, excessive exploitation of the gambling instinct, harmful effects on the environment within the meaning of the Federal Immission Control Act (Bundes-Immissionsschutzgesetz) or otherwise an unreasonable nuisance to the general public, neighbours or a facility existing in the public interest.
• The arcade does not maintain the required distance from other arcades. This is at least 500 metres as the crow flies, measured from entrance door to entrance door.
• The amusement arcade does not maintain the required distance to an existing facility for the stay of children and youths. This is at least 500 metres as the crow flies, measured from entrance door to entrance door.
• Permission is sought for an arcade that is structurally connected to other arcades, especially in a shared building or building complex (prohibition of multiple licences, which is valid in its own right in addition to the distance requirements).

Notice: The permit to operate an amusement arcade does not include the permit to set up gaming machines with the possibility of winning and the confirmation of suitability; you must apply for these additionally.

If you wish to serve alcoholic beverages in connection with the operation of an amusement arcade, you must also apply for a restaurant permit. It is not permitted to operate a bar or restaurant on the premises of a gaming hall during the closing time applicable to gaming halls

Notice: The total number of gaming devices with the possibility of winning (slot machines) in a gaming hall is limited according to the Gaming Ordinance. You may set up a maximum of one gaming machine per twelve square metres of floor space. The total number of machines may not exceed twelve. When serving alcohol, you are currently limited to two machines. Adjacent rooms (e.g. storerooms, toilets, corridors) are not included in the calculation of the floor area. You must place the devices in such a way that no player can operate more than two devices at the same time. In contrast, the number of amusement gaming machines (machines on which you cannot win money or goods) in an amusement arcade is not limited.

Responsible department

the lower administrative authority

• in rural districts: the district administration office,
• in urban districts and large district towns: the municipal administration,
• the municipalities and administrative communities with their own building law jurisdiction

Procedure

You must apply for the operating permit at the competent authority. If the legal requirements are met, the authority will issue a gaming hall permit, if necessary in connection with certain requirements or conditions. If the requirements for issuance are not met, the application will be rejected.

Tip: Find out beforehand how to submit the application.

Required documents

• Copy of the identity card or a comparable identification document
• For proof of entrepreneurial legal form:
  • If you have your company's registered office in Germany, you will need:
    • in the case of registered companies: Extract from the commercial register and, if applicable, a copy of the articles of association (e.g. in the case of a civil-law partnership (GbR))
  • If your company is based abroad, you will need documents from the country of domicile proving the legal form.
• For the proof of personal reliability:
  • If you have your place of residence in Germany, you usually need:
    • Certificate of good conduct
    • Extract from the Central Business Register
  • If your place of residence is abroad, you will need documents from your home country proving that you have the personal reliability to perform the desired service.
• Building plans, floor plans, site plans
• Documents proving that you meet the licensing requirements for the operation of the gaming hall listed above under "Requirements" (e.g. social concept, proof that staff have been trained, information material for players, planned advertising concept)
• possibly: Application for a substitution permit

In individual cases, you may be asked to submit further documents concerning your personal reliability and/or the existence of the legal requirements for a gambling licence.

In the case of legal entities (GmbH, Unternehmensgesellschaften, AG, registered cooperatives), the application form for the legal entity itself must be completed. For all natural persons authorised to manage the business, all personal documents (e.g. certificate of good conduct, personal papers) must be submitted. For the legal entity, an extract from the central business register must also be applied for.

In the case of partnerships that are not themselves eligible for a permit, each managing partner requires the permit. This includes the GbR, KG, OHG, PartG and GmbH & Co. KG. You must submit an application form and all personal documents for each partner.

Costs

The amount of the fees is determined by the municipal fee statutes.

Legal basis

§ 33i Gewerbeordnung (GewO) (Spielhallen und ähnliche Unternehmen)

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Ministerium für Finanzen und Wirtschaft released it on 05.08.2015. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.

In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.