Insight GERMANY
has been added where required in italics by G3). As G3 attended the presentation in the state of Baden-Württemberg, there is a special reference to the expected changes ahead for this state:
new legislation for everyone The German federal government has scheduled planned changes to the German Gaming Ordinance and to the German Industrial Code. At the same time, the German provincial governments have instigated the first amendments to the German Interstate Gaming Ordinance and German provincial amusement arcade laws.
federal changes At the Federal level, the planned changes to the German Gaming Ordinance include the following:
RULES ON LOCATION • Ban on installation in hotels and restaurants – so called “Permission- free” locations (Permission-free means locations where under-18’s can enter such as fast-food restaurants).
• Reduction in the number of gaming machines allowed in hotels and restaurants from 3 to 2 or less AWPs
• The operator must display information on the risks of excessive gaming
REGULATIONS RELATING TO THE DEVICES • Manufacturers must display warnings on the protection of minors in law and on facilities offering assistance to gaming addicts
• Device checking (TÜV) by an expert (24 months) has been dropped
• Gaming machines may not be “pre- heated”
association for distributors in the AWP market. The DAGV works closely with the BA and the FORUM for operators in Europe (Forum für Automatenunternehmer in Europa e.V.). The DAGV is a member of the European industry association EUROMAT in Brussels. The main office of the DAGV is in Berlin, with the association close to the political heart of Germany. DAGV is also a member of the BGA (Bundesverband Großhandel, Außenhandel, Dienstleistungen ) - the Federation of German Wholesale, Foreign Trade and Services.
The Managing Director of DAGV is Jörg Meurer. Mr. Meurer is a lawyer who has been giving his expert opinion on the forthcoming changes, delivering presentations to operators across Germany to inform them of what lies ahead. G3 attended one such presentation to gather feedback as to the changes taking place. The following details Mr. Meurer’s presentation (further explanation
• Device model approval permit duration is limited to one year
• Installation location approval permit duration is limited to four years
• Manufacturers must have production, maintenance and servicing documentation to hand for the PTB
• Winning chances may not be displayed on any device offering the chance to win more than €1,000 or the equivalent (no TR 3.3 devices permitted in future)
• Average hourly loss is to be cut from 33 € to 20 €
• No gaming processes, sample/demo games or animation may take place during game intervals.
• Money storage is to be emptied after three hours play and the device then set to zero
• Limitation of amounts of money in play and payout storage to € 10 (formerly 25 €) (in other words the maximum amount of money that can be entered into the AWP is set to be reduced)
• Total amount risked without influence June 2012 PAGE 39 The Gaming Ordinance is set to
be altered as well – by January 1, 2013
– though most likely it will be earlier. The German Industrial Code
(Gewerbeverordnu ng) will also be changed. The amusement tax
(Vergnügngssteuer) has been and is
being altered to the detriment of German AWP
operators. This tax is set at local,
municipal level and is different up and down the country. Only one state in
Germany (Bavaria) does not
implement this tax.
may not exceed 2.30 € (automatic play button)
• The manufacturer must submit to the PTB an expertise from a recognised and accepted institution stating that the gaming machine in question cannot be manipulated
• The installer / operator must take the device out of operation (a) if it malfunctions, and/or (b) if it no longer complies with the PTB approval, and/or (c) the gaming and playing plan is not easily accessible and/or (d) the permitted duration of installation (four years) has expired
• Multi-player gaming machines may not accommodate more than four players. Individual playing facilities may not be turned off
• PTB may issue technical guidelines and applicable transition and penalty rules
MISDEMEANOURS AND TRANSITION RULES Extended misdemeanour rules include: • Lack of manufacturers warnings • Lack of manufacturers gambling addiction consulting signs
• Lack of information material issued by the installer/operator
Effective date - 01 July 2012 (G3: unlikely) • No TR 3.3 devices any more
TRANSITION PERIODS Until 30.06.2017: continued GGSG operation with approval/s before the effective date [TR 4.x] Until 31.12.2015: approval of new types of device feasible Until 30.06.2017: devices of new type/s may be operated; extension possible
CHANGES TO THE INDUSTRIAL CODE • Introduction of proof of instruction on gaming and minor protection for installers/operators and staff
• Installers / operators must always have a social plan concerning measures to prevent gaming addiction to hand
• Increases in fines for breaching the German Gaming Ordinance
• No further permission obligation for arcades operating devices purely for amusement
• Type approvals may in future be withdrawn or rescinded either in whole or in part
• Precautionary creation of authority in law to regulate a so called “player card”
provincial changes The first amendments to the German Interstate Gaming Ordinance and their scope of application include the following: • Inclusion of hotels and restaurants • Inclusion of amusement arcades
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