Confirmation of suitability

With a confirmation of suitability according to § 33c para. 3 of the Industrial Code , a trader the suitability of the site of money to and goods game devices. The confirmation proves that the location meets the requirements of the gaming regulations of the Federal Minister of Economics (SpielV).

The confirmation is both object-related and person-related and can only be issued if the operator is in possession of an installation permit and the company meets the requirements for the installation of play equipment. Since November 2014, gaming machines may no longer be set up in the so-called license-free gastronomy within the meaning of Section 2 Paragraph 2 GastG (Section 1 Paragraph 2 No. 4 SpielV). The confirmation of suitability for play equipment in a restaurant is to be refused if the focus of the operation would no longer be on the offer of food and drinks due to the installation of the equipment. The confirmation of suitability can be withdrawn if the maximum limit of three gaming machines per restaurant set out in Section 3 (1) sentence 1 of the Gaming Ordinance is circumvented.

The regulation of the installation of gaming machines serves the public interest in combating gambling addiction .

Gaming machines set up without confirmation of suitability mean an administrative offense in accordance with § 144 Abs. 2 Nr. 4 GewO.

Web links

• Administrative regulation for the implementation of §§ 33 c, 33 d, 33 i and 60 a paragraphs 2 and 3 of the trade regulations as well as the gaming regulations (SpielVwV)
• Play equipment manufacturers (§33c GewO) and organizers of other games with the possibility of winning (§33d GewO) IHK Saarland, as of July 2014
• Application for a confirmation of suitability in accordance with Section 33 c, Paragraph 3 of the Trade Regulations - GewO sample of the city of Burscheid
• Decisions and resolutions of the courts on the catchphrase "'Confirmation of suitability" Status: March 2013

Individual evidence

1. ↑ Ordinance on gaming devices and other games with the possibility of winning (Spielverordnung - SpielV ) in the version of the announcement of January 27, 2006 ( Federal Law Gazette I p. 280 ), last amended by Art. 4 Paragraph 61 of the Act of July 18, 2016 ( Federal Law Gazette . I p. 1666 ) has been changed
2. ↑ Gaming machines (confirmation of suitability for the installation site) Website of the city of Bergkamen, accessed on December 18, 2016
3. ↑ Gaming machines in the restaurant - and the confirmation of suitability VG Stuttgart, judgment of November 28, 2014 - 4 K 953/14
4. ^ VG Giessen, judgment of June 11, 2013 - 8 K 1277 / 12.GI
5. ↑ VG Berlin, judgment of December 19, 2013 - 4 K 670.13