Gaming arcade license
Anyone wishing to set up and operate a gaming arcade requires a permit from the competent authority in accordance with Section 2 (1) sentence 1 of the Lower Saxony Gaming Arcades Act (NSpielhG).
As these permits may only be issued for a limited period of time (up to 10 years), a new permit is required in accordance with Section 2 (3) in conjunction with Section 2 (1) NSpielhG. Para. 1 NSpielhG.
Pursuant to Section 2 (1) sentence 2 NSpielhG, these licenses also apply as a license pursuant to Section 24 (1) of the Interstate Treaty on Gambling 2021 (GlüStV 2021).
Legal basis
Which documents are required?
- Certificate of good conduct
- Information from the central trade register
- Clearance certificate from the tax office
- Information from the debtor register
- Floor plan for the premises for the commercial operation of a gaming arcade (in 3 to 5 copies)
- Calculation of usable floor space
- in the case of a new establishment:
- License for use or building permit
- Social concept outlining the measures to be taken to prevent or eliminate the socially harmful effects of gambling on gaming machines (see Section 6 of the Interstate Treaty on Gambling (GlüStV) in conjunction with the annex "Guidelines on preventing and combating gambling addiction" to the GlüStV").
The competent authority may request further documents in individual cases. 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 trader meets the requirements regarding reliability and orderly financial circumstances.
Requirements
- Identity card or a comparable identity document
- Certificate of good conduct
- Information from the central trade register
- Clearance certificate from the tax office
- Information from the debtor register
- For legal entities:
- Power of representation, if applicable
- Extract from the commercial or association register
- Floor plan for the premises for the commercial operation of a gaming arcade (in 3 to 5 copies)
- Calculation of usable floor space
- For new establishments:
- Usage permit or building permit
- Certificate according to § 5 NSpielhG
- Proof of expertise in accordance with Section 7 (9) NSpielhG for the applicant or for a person responsible for the management of the gaming arcade
The competent authority may request further documents in individual cases. 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 regarding the trader's reliability and orderly financial circumstances are met.
Permission for a gaming arcade is excluded if
- the gaming arcade for which the permit is being applied for does not maintain the minimum distance of 100 meters from a neighboring gaming arcade that is permitted to operate or the minimum distance stipulated by a municipal ordinance,
- the gaming arcade for which the permit is applied for is to be operated in structural association with another gaming arcade,
- a betting agency is permitted to operate in the building or building complex in accordance with Section 8 NGlüSpG,
the operation of the gaming arcade for which the permit is applied for would run counter to the aim and purpose of Section 1 GlüStV 2021
What are the fees?
Fees are charged in accordance with Annex 1 to Section 1 (1) of the General Fee Regulations of the State of Lower Saxony (AllGO) in accordance with No. 40.1.10 and No. 57.1.7.1.
Fee: 4000,00 - 20000,00 EURPayment in advance: no
Process flow
Gambling halls are subject to a prohibition of operation with a reservation of permission. This means that the operation of an amusement arcade may only begin once permission has been granted following a written application for permission. It is therefore strongly recommended that applications are submitted as early as possible.
What deadlines do I have to pay attention to?
Holders of valid licenses may apply for a follow-up license for the affected establishment at the earliest two years before the previous license expires. The same applies if a permit application is submitted for a gaming hall that does not maintain the prescribed minimum distance to a permitted gaming hall or would be structurally connected to a permitted gaming hall (Section 2 (3) NSpielhG).
Otherwise (e.g. for start-ups) there are no application deadlines.
Appeal
If the addressee (usually the applicant) has legal doubts or concerns about the decision on the permit or details thereof, these can be reviewed by the competent administrative court by way of an action to enforce or contest the decision, depending on its legal nature.In Lower Saxony, Section 80 of the Lower Saxony Judiciary Act does not provide for preliminary proceedings. Therefore, no objection is permitted; instead, an administrative court action must be brought directly.
Applications / forms
- Forms: none
- Written form required: no
- Personal appearance at the time of application may be required, personal collection is not necessary.
Online procedure possible: yes
Competent authority
Responsible for processing the application is in accordance with § 1 para. 1 sentence 1 in conjunction with. No. 1 of the Annex to Section 1 (1) of the ZustVO-Wirtschaft is the trade office of the district, independent city, large independent city or independent municipality in whose area a gaming arcade is to be operated.
Who should I contact?
Responsibility lies with the district, the independent city, the large independent city and the independent municipality.
This procedure can also be handled by a "single point of contact". The "Single Point of Contact" is a special service offered by the municipalities and the state for service providers.
Responsible authorities
Emsbüren - Bereich Gewerbeangelegenheiten, Marktwesen
Timetable
from 08:00 to 12:00
and 14:00 to 16:00
Tuesday:
from 08:00 to 12:00
Wednesday:
from 08:00 to 12:00
Thursday:
from 08:00 to 12:00
and 14:00 to 18:00
Friday:
from 08:00 to 12:00
Contact
- Emsbüren:
- Activity as a market trader or showman Admission
- Advertisement of a restaurant
- Apply for permission to sell goods at trade fairs, festivals and special events.
- Business re-registration
- Deregister trade
- Event: Advertisement
- Exemptions for the auctioning of perishable goods Admission to weekly markets
- Exemptions on Sundays and public holidays
- Findings from the background check Certificate
- Gaming arcade license
- Markets and festivals
- Organization of a weekly market
- Other games with the possibility of winning Permission in the traveling trade
- Other games with the possibility of winning: Permission
- Parking permit
- Permission for the commercial display of persons
- Playground equipment with the possibility of winning Confirmation of the installation site
- Playground equipment with the possibility of winning permission
- Restaurant operation Approval early start of operations
- Show traveling trade or activity exempt from travel trade card
- Store opening hours