Other games with the possibility of winning: Permission
Anyone wishing to organise other games with the possibility of winning (e.g. games of skill) on a commercial basis requires a permit 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 with a high degree of probability through skill or his or her own knowledge according to the game equipment and the rules of the game. In contrast, in gambling , the decision about winning and losing is predominantly determined by chance.
The permission does not generally entitle the holder to organize competitions, 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 his or her own permit.
The permit may be granted for a limited period of time or subject to conditions if it is necessary for the protection of the general public, guests, residents of the company property or neighbouring properties or in the interest of the protection of minors. Subsequent inclusion, amendment and addition of conditions is also permissible.
There are also games with the possibility of winning, for which there is no permission (usually with goods winnings worth a maximum of 60.00 euros).
For gaming machines or merchandise 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 municipality and the city.
This procedure can also be handled by a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.
Requirements
General requirements
- Possession of a clearance certificate from the Federal Criminal Police Office or an imprint thereof
- the reliability required for the organisation of games with the possibility of winning - both of the person operating the game and of the trader in whose establishment the game is to be organised
- Anyone who has been convicted of a crime, theft, embezzlement, extortion, receiving stolen goods, fraud, embezzlement, unauthorized organization of a game of chance, participation in unauthorized gambling or for an offence under Section 12 of the Youth Protection Act (JuSchG) in the last three years prior to filing the application does not have the required reliability.
Requirements for games with money winnings
- The game must be hosted in an arcade or similar business.
- A maximum of three such games may be held there.
Requirements for games with a winning commodity
The game must:
- at folk festivals, shooting festivals or similar events,
- Fairs or special markets, or
- in restaurants or accommodation establishments (except those frequented mainly by children and adolescents)
can be organized. A maximum of 3 such games may be held in restaurants.
Which documents are required?
- If applicable, identity card or passport
- If applicable, articles of association
- in the case of registered companies
- Excerpt from the Commercial Register
- in the case of a GmbH & Co. KG
- Excerpt for the GmbH and the KG
- Certificate of good conduct (document type O)
- Information from the Central Trade Register
- Certificate of clearance 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 by law, articles of association or articles of association (e.g. managing directors, members of the board of directors). In the case of legal entities, 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 may be used to prove 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 - in accordance with Annex 1 to § 1 paragraph 1 of the General Fee Schedule of the State of Lower Saxony No. 40.1.9.3 - depending on the time spent. However, a maximum of EUR 1,180.00 will be charged.
Appendix 1 to § 1 paragraph 1 of the General Schedule 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
