Other games with the possibility of winning: permission
Anyone wishing to organise other games with the possibility of winning on a commercial basis (e.g. games of skill) requires permission from the competent authority. Permission must be applied for.
A game of skill exists when the person playing the game can determine the outcome of the game according to the game setup and the rules of the game with a high degree of probability through skill or his own knowledge. In contrast, in gambling , the decision on profit and loss is predominantly determined by chance.
The permission does not entitle the holder to organise competitions in general, but always refers only to a specific game. It is tied to the person and to the venue. The holder of the permit can be any natural or legal person. In the case of partnerships, each managing partner requires their own permission.
The permit may be granted for a limited period or subject to conditions if this is necessary for the protection of the general public, guests, residents of the company premises or neighbouring properties or in the interest of youth protection. Subsequent inclusion, amendment and supplementation of requirements is also permitted.
There are also games with the possibility of winning, for which there is no permission (usually with goods prizes worth a maximum of 60.00 euros).
For gaming machines or gaming machines, a permit for gaming machines with the possibility of winning is required.
Who should I contact?
The responsibility lies with the municipality, the Joint Community and the city.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.
Requirements
General requirements
- Possession of a clearance certificate from the Federal Criminal Police Office or a copy thereof
- the reliability required for the organisation of games with the possibility of winning - both of the person operating the game and of the professional in whose business the game is to be organised
- Anyone who has been convicted of crime, theft, embezzlement, extortion, receiving stolen goods, fraud, embezzlement, unauthorised organisation of a game of chance, participation in unauthorised gambling or offence under § 12 of the Youth Protection Act (JuSchG) does not have the required reliability.
Requirements for cash-winning games
- The game must be held in an arcade or similar company.
- A maximum of three such games may be held there.
Requirements for winning games
The game must:
- at folk festivals, shooting festivals or similar events,
- Fairs or special markets or
- in restaurants or accommodation establishments (except those mainly visited by children and young people)
will be organized. A maximum of 3 such games may be organised in restaurants.
Which documents are required?
- If applicable , identity card or passport
- If applicable, articles of association
- for registered companies
- Excerpt from the commercial register
- at a GmbH & Co. KG
- Excerpt for the GmbH and the KG
- Certificate of good conduct (document type O)
- Information from the Central Trade Register
- Clearance certificate from the Federal Criminal Police Office or a copy thereof
In the case of legal entities, these documents must be provided for all persons authorised to represent them under the law, articles of association or articles of association (e.g. managing directors, board members). In the case of legal persons, the information from the Central Trade Register must also be submitted for the legal entity.
In the case of traders from another EU Member State or an EEA Member State, documents issued in the country of origin proving that the requirements for the good repute and orderly financial circumstances of the trader are met.
What are the fees?
The amount of the fees is determined - according to Annex 1 to § 1 paragraph 1 General Schedule of Fees of the State of Lower Saxony No. 40.1.9.3 - depending on the time required. However, a maximum of EUR 1,180.00 will be charged.
Annex 1 to § 1 paragraph 1 of the General Rules of Fees (AllGO)
What deadlines do I have to pay attention to?
Deadlines may have to be observed. Please contact the competent authority.
Technically approved by
Lower Saxony Ministry of Economic Affairs, Labour and Transport
