Anyone wishing to organize other games with the possibility of winning on a commercial basis (e.g. games of skill) requires a permit from the competent authority. The permit must be applied for.

A game of skill is deemed to exist if the person playing the game can determine the outcome of the game with a high degree of probability through skill or their own knowledge according to the game equipment and the rules of the game. In contrast, in games of chance, the decision on winning and losing is predominantly determined by chance.

The permit does not generally authorize the organization of games of chance, but only refers to a specific game. It is bound to the person and the venue. Any natural or legal person can be the holder of the permit. In the case of partnerships, each managing partner requires their own permit.

The permit may be issued for a limited period or subject to conditions if this is necessary for the protection of the general public, guests, residents of the premises or neighboring properties or in the interests of the protection of minors. The subsequent inclusion, amendment and addition of conditions is also permitted.

There are also games with the possibility of winning that are exempt from licensing (usually with prizes worth a maximum of 60.00 euros).

A permit for gaming machines with the possibility of winning is required for gaming machines with money or merchandise.

• Identity card or passport, if applicable
• Articles of association, if applicable
• For registered companies
  • Extract from the commercial register
• for a GmbH & Co. KG
  • Extract 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 authorized to represent the company in accordance with the law, articles of association or partnership agreement (e.g. managing directors, board members). 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 can be used to prove that the requirements regarding the reliability and orderly financial circumstances of the trader are met.