Gaming arcade licence

Licence to operate an amusement arcade or similar business in accordance with Section 33i of the Trade, Commerce and Industry Regulation Act (GewO) as well as a licence for the establishment and operation of an amusement arcade in accordance with Section 2 of the Brandenburg Gaming Arcades Act (BbgSpielhG).

Anyone wishing to commercially operate a gaming arcade or a similar business that serves exclusively or predominantly to install gaming devices or organise other games within the meaning of Section 33c (1) sentence 1 or Section 33d (1) sentence 1 GewO requires the relevant permit from the competent authority.

§ Section 33c of the Trade Regulation Act (GewO)
https://www.gesetze-im-internet.de/gewo/__33c.html

• Application by a natural person
• • Application form (completed in full and signed)
• - Certificate of good conduct and information from the central trade register for submission to a
• Authority (GZR) Document type ‘O’
• ⇒ This information can be obtained from the residents' registration office responsible for the place of residence at
• The payment reference must be: 0401-III-3214-09 03/A, and the documents must not be more than three months old.
• • Information regarding entries in the register of debtors up to 31 December 2012 (Section 915a of the Code of Civil Procedure (ZPO) – old law)
• ⇒ To be applied for at the local court of the place of residence and/or commercial establishment at that time.
• • Information regarding entries in the Central Debtors’ Register maintained by the Central Enforcement Court
• - www.vollstreckungsportal.de (§ 882 b/h ZPO)
• • Information regarding entries in the insolvency register of the local court in whose jurisdiction the applicant has had a place of residence or a business establishment over the last three years (section 26 of the Insolvency Code (InsO))
• • Certificate relating to tax matters issued by the relevant tax office
• • Acceptance report from the Building Control Authority • Floor plan of the premises (scale 1:100) showing the layout and spatial configuration of the premises
• are sufficiently visible. In addition to the operating rooms, this also includes all ancillary rooms and rooms for staff.
• • Licence to install gaming machines, in accordance with Section 33c(1) of the Trade Regulation Act (GewO)
   
• Application by a legal entity (e.g. GmbH, AG):
• Application form (completed in full and signed)
• (in the case of legal entities with several legal representatives, the personal details of the representatives must be stated on a supplementary sheet)
• Information from the Central Trade Register (GZR) for submission to a public authority
• ⇒ This certificate must be requested from the relevant Trade Licensing Office, quoting the reference: 0401-III-3214-09 03/A, and must not be more than three months old.
• Information regarding entries in the register of debtors up to 31 December 2012 (Section 915a of the Code of Civil Procedure (ZPO) – old law)
• ⇒ To be applied for at the local court of the commercial head office at this time.
• Information regarding entries in the Central Debtors’ Register of the Central Enforcement Court
• - www.vollstreckungsportal.de (§ 882 b/h ZPO)
• Information regarding entries in the insolvency register of the local civil court in whose jurisdiction the applicant has had its principal place of business over the last three years (section 26 of the Insolvency Code)
• Certificate relating to tax matters issued by the relevant tax office
• Building Control Authority’s acceptance report • Floor plan of the premises (scale 1:100) clearly showing the layout and spatial configuration of the premises. This includes not only the operational areas but also all ancillary rooms and staff rooms.
• Licence to install gaming machines, in accordance with Section 33c(1) of the Trade Regulation Act (GewO)
• If the company is registered with the local court, an extract from the register
• Articles of Association for companies in the process of being formed (pre-incorporation companies)
• For each managing director or all persons authorised to represent the company by law, the articles of association or the shareholders' agreement :
•   Certificate of Good Conduct and information from the Central Trade Register (GZR) for submission to a public authority; document type ‘O’
• ⇒ This information must be requested from the Residents’ Registration Office responsible for your place of residence , quoting the reference: 0401-III-3214-09 03/A, and must not be more than three months old.
•   Information regarding entries in the register of debtors up to 31 December 2012 (Section 915a of the Code of Civil Procedure (ZPO) – old law)
• ⇒ To be applied for at the local court of the place of residence and/or commercial establishment at that time.
•   Information regarding entries in the Central Debtors’ Register of the Central Enforcement Court
• - www.vollstreckungsportal.de (§ 882 b/h ZPO)
•   Information regarding entries in the insolvency register of the local court in whose jurisdiction the applicant has had a place of residence or a business establishment during the last three years (section 26 of the Insolvency Code)
• Certificate relating to tax matters issued by the relevant tax office

Regulated in Section 33i of the Industrial Code and in the Brandenburg Gaming Halls Act:

• § Section 33i of the Trade Regulation Act (GewO)
• Brandenburg Gaming Halls Act (BbgSpielhG)

• § Section 33i of the Trade Regulation Act (GewO)
• § Section 2 Brandenburg Gaming Halls Act (BbgSpielhG)
• https://bravors.brandenburg.de/verordnungen/mwegebo

Appeal. An appeal may be lodged against a decision rejecting an application or otherwise adversely affecting the applicant. If the appeal is unsuccessful, legal action may be brought before the competent administrative court. The time limit, form and competent authority are set out in the information on legal remedies contained in the decision.

The Brandenburg Gaming Halls Act must be observed.

• Brandenburg Amusement Arcades Act (BbgSpielhG)

The competent authority for the licence in accordance with Section 33i of the Trade Regulation Act is the local regulatory authority (Section 1 (1) of the Ordinance on Responsibilities in Trade Law [GewRZV])

The local regulatory authorities are also responsible for issuing licences in accordance with the Brandenburg Gaming Halls Act (Section 9 (1) BbgSpielhG).

The duties of the local public order authorities are carried out by the local authorities, the independent municipalities, the association municipalities, the co-administrating municipalities and the independent towns (Section 3 of the Public Order Authorities Act - OBG)

• Application for a licence to operate an amusement arcade or similar business