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Horse race betting : Bookmaker licence under the Race Betting and Lottery Act, as well as the online horse betting licence pursuant to sec.
Slot machine gaming : Licence for land-based slot machine gaming AWPs in gaming halls or restaurants and bars.
Lotteries : Licence for the brokerage and sale of traditional state lottery products land-based and online ; licence for the operation of small or charitable lotteries which have their draw results published less than twice a week, have a top prize worth less than EUR 2 million and do not have a scheduled jackpot.
The operation of traditional lottery products, such as the national lottery or other large-scale lotteries, as well as pool-betting, is subject to the state monopoly.
Private operators may not apply for such licences. They may only apply for a licence allowing brokerage of the state lottery products. The former regulation in Schleswig-Holstein enabled private operators to obtain licences for online casino gaming , with the exception of bank-holder games such as blackjack, baccarat and roulette.
In total, 23 such licences were issued. In May , Schleswig-Holstein passed a law by which formerly-granted online casino licences were revalidated.
The Gaming Act of Schleswig-Holstein thus continues to apply in relation to these licensees until 30 June , unless reforms lead to the creation of a new licensing regime.
However, the Third Amendment Interstate Treaty, which is supposed to enter into force in January , maintains a total ban on online casinos.
Thus, legal certainty is currently out of sight. There is no uniform structure for the licensing regimes available in Germany.
As online casinos are forbidden under the Interstate Treaty, there is no licensing regime available for online casino operators.
For sports betting operators, the Third Amendment Interstate Treaty will provide for a licensing process; but, at the time of writing, the conditions for future licences remain unclear.
Some aspects of the licensing procedure have been clarified, but a lot of issues remain in the air at the time of writing. Licences for casinos are tendered by the respective state, while an application for a licence to operate a gambling hall can be made at any time.
There are no general application procedures or timelines since each process very much depends on the kind of licence an operator applies for.
Any application process will, however, set out certain requirements that the applicant or the business corporation needs to fulfil in order to qualify for a licence.
Furthermore, applicants will need to demonstrate that they are willing to provide safe and transparent services and wish to comply with the gaming regulation.
In addition, licences are often issued under conditions such as refraining from certain publicity measures.
The Interstate Treaty restricts the application of the licence to the territory of the Federal Republic of Germany and countries that recognise the German permit for their sovereign territories.
Licences issued by states, which have no cross-state effect, will generally be limited in scope to the territory of the state in question.
Licences for the operation of land-based casinos, issued under the Casino Acts of the different states, usually have a licence term of about 10 years with an option to extend the term for a further five years.
Licences issued under the Gaming Act of Schleswig-Holstein lasted for six plus four if they had been considered extendable years.
Sports betting licences issued pursuant to the future Third Amendment Treaty will be valid until the end of an experimental period on 30 June , with an option to extend the period until 30 June Any licensee needs to comply with all the requirements during the whole period of holding the licence.
If an operator fails to comply with the licence conditions, any licence may be revoked. Licences, however, will not be revoked immediately and without prior notice.
Operators will usually be contacted by the regulators and will be given a chance to comment on and review the alleged violations of the licence conditions and to resolve the issues within a certain timeframe.
Please include in this answer any material promotion and advertising restrictions. Casino gaming including poker : Some federal states limit the number of tables and slots allowed in casinos.
Barred players may not enter the gaming area or play in casinos. Strict entrance controls need to be established in order to ensure that this is the case.
These controls include matching the players with a nationwide player-barring database. Online casino operations are affected by the online ban.
Sports betting : Fixed odds fantasy betting is permissible under the Interstate Treaty, but fantasy betting involving a pool tote remains subject to a state monopoly.
Bets on anything other than sports are prohibited, e. Such bets may not therefore be offered. Regarding in-play betting, the situation is unclear.
The Interstate Treaty prohibits some forms of in-play betting, but fails to provide a definition of these prohibited in-play bets. However, this document was worded rather ambiguously and has not been implemented on a broader basis yet.
Judgments handed down by Administrative Appeal Courts over the past years, such as in Bavaria, Lower Saxony and Saxony, suggest a rather strict interpretation which would broadly exclude in-play betting, including betting on the next goal in football.
Even new guidelines published in preparation of the new licensing regime for sports bets have not provided any further guidance.
In addition, the Interstate Treaty proposes a maximum monthly stake limit in the amount of EUR 1, to be adhered to.
This restriction, along with the restrictions on bet types, has been at the centre of lobbying efforts in recent years. Thus, it may be possible that German regulators reconsider these restrictions in the near future.
There is a recent trend in state legislation to include restrictions to the number of permissible betting shops, as well as minimum distance requirements between betting shops and other gambling premises.
Betting shop licences can only be issued once the national sports betting licence has been issued. Horse race betting : Operators of horse race betting have to comply with certain stake limitations, e.
Slot machine gaming : Other than slot machine gaming in casinos, slot machine gaming offered on other premises such as gaming halls, restaurants or bars is subject to multiple restrictions.
Lotteries including tote : Lotteries may not be operated by private operators. They are subject to the state monopoly, i. Material promotion and advertising restrictions in relation to the above : Advertising of games of chance is subject to a very restrictive regime in Germany and is affected by an abundance of laws and regulations, including the Interstate Treaty, the Gaming Acts of the individual states, the Advertising Guidelines, the Code of Practice of the German Advertising Council, the Act Against Unfair Competition and specific minor protection legislation, such as the Act for the Protection of Minors, the Interstate Treaty on Broadcasting and the Interstate Treaty on the Protection of Minors in the Media.
In general, advertising measures must not be directed at minors or other vulnerable target groups and must not be misleading.
Operators will typically be required to submit a marketing concept as part of their licence application, which sets out how they intend to advertise their products whilst sufficiently ensuring player protection at the same time.
Often, particularly in the land-based casino sector, the licences issued will specify further advertising restrictions. Any advertising of unauthorised games of chance, misleading advertising or advertising directed at minors or other risk groups is prohibited, as is most online and TV advertising.
Exceptions to the prohibition on online and TV advertising apply in relation to sports betting, horse race betting and lotteries where operators can apply for specific advertising permits.
Operators must obtain a permit from the Regional Council of Düsseldorf prior to launching any advertising measures.
A characteristic of the taxation of gambling products is that it largely depends on the product type and the regulations in the respective federal state.
Accordingly, tax rates vary considerably throughout Germany. Some states impose additional levies or apply progressive tax rates depending on the economic capability of the casino operator.
In addition to regular corporate taxes, slot machine operators have to pay municipal amusement tax. Municipalities are authorised to introduce such taxes on a local basis.
German VAT is not geared to online gambling but, in principle, applies to any electronically supplied service provided by an entrepreneur to a consumer in Germany.
Some of the main objectives of the Interstate Treaty are the prevention of addiction and criminal acts, channelling the market away from the black market and ensuring the integrity of sports.
In consequence, numerous requirements linked to social responsibility apply, such as the qualification and reliability of the operators being prerequisites for acquiring a licence.
These requirements essentially focus on the protection of players and minors and the safety of gambling operations.
Safety is, in this context, defined as: offering safe payment and transaction methods; adhering to youth, customer and data protection laws; keeping AML and IT standards; and being reliable in paying taxes and levies.
Operators need to be familiar with the impact of games of chance, and the inherent risk of addiction, and show this in their social concepts. Staff needs to be continuously trained and vetted on detecting problematic gambling behaviour and on the responsible operation, execution and commercial brokerage of public games of chance.
Players should be encouraged to assess their own gambling activities by reality checks and self-tests, need to be able to set their own deposit or loss limits and need to be made aware of the risk of addiction through brochures or responsible gaming websites.
Gambling operators are required to offer information on where players may seek help, such as contact details of support services counselling and therapy.
Players need to be informed about self-barring and third-party barring, and made aware of the possibility of taking gaming breaks. Social responsibility also means ensuring that minors and barred players do not participate in gaming activities.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Before the new AML Act entered into force, only casinos were subject to certain AML obligations if transactions exceeded a threshold of EUR 2, in the land-based sector; now sports betting retail outlets are equally affected.
In an online gambling environment, if operators are not licensed in Germany, are based in the EU and do not have a local presence in Germany but do target German customers, the applicability of the AML Act can be questioned.
German regulators have, however, made it very clear that they consider the AML Act to be applicable and that they are going to enforce German AML requirements, and the Implementation Guidelines, on how to implement the AML Act in the gambling sector, which were published in February Consequently, online gaming operators serving German customers are advised to adopt appropriate and extensive risk management systems and to familiarise themselves with the extensive requirements.
The German AML Act is particularly strict on customer due diligence and on gambling-related payment transactions. The use of credit cards is limited quite severely and the 5AMLD could have an impact on e-wallets and other forms of payment.
There is no difference in the regulation between operators located inside Germany and those located outside. If they operate in Germany, and hence offer products on the German market, the Interstate Treaty applies irrespective of where the operator is based.
The Interstate Treaty prohibits not only the operation and brokerage of online gambling, but also advertising for games of chance on the Internet. Certain licensed operators sports betting, horse race betting and lotteries may, however, apply to the Regional Government of Duesseldorf in the state of North-Rhine Westphalia for individual or general permits.
Until licences are issued, these permits, however, arguably have no practical relevance in the sports betting sector in the current regulatory situation.
As per the Interstate Treaty, any advertising of gambling products needs to comply with the conditions set out in sec. Machine-based gaming is only permitted in land-based casinos, restaurants, bars and gaming halls, and only subject to a licence.
Online slots are, at the moment, only permitted if they are operated under a Schleswig-Holstein licence. The Gaming Ordinance allows for a maximum of three machines to be operated in restaurants and bars, and a maximum of 12 machines per gaming hall.
It further imposes gaming limits maximum stakes, maximum losses, etc. Machine gaming is also subject to the Interstate Treaty and the respective state laws.
Only one amusement arcade can be operated in any one building. None of the above restrictions, however, apply to machine gaming in state-owned casinos.
In general, the operator is held liable for breaches of gambling regulations. However, in some cases, the liability can be more extensive. Unauthorised operations and distributions, as well as advertising for unauthorised games, may be interdicted based on the Interstate Treaty on pain of fine.
The Gambling Acts of the individual German states authorise regulators to sanction illegal gambling and related advertising as an administrative offence with administrative fines, whereby the amount of fines which can be imposed ranges up to approximately EUR , as per the various Gambling Acts of the German states.
Furthermore, competitors may attempt to file for cease-and-desist orders with civil law courts because the prohibition of unauthorised organisation and distribution of games of chance falls under the scope of the Unfair Competition Act.
Hands are usually written down or marked with punched holes on a ticket, rather than assembled from actual cards given to the riders.
The only requirement is that riders arrive at the final checkpoint by the time prizes are awarded, usually near the end of the day, typically at a party with food and refreshments.
It might be required that participants collect all of the requisite number of cards, five or seven, or they might be allowed to miss checkpoints and use a hand with fewer cards, though the odds of a winning hand are much lower.
Although most events are on motorcycles, off-road vehicles, boats, or horses, events involving small aircraft, ATVs, bicycles, golf carts, snowmobiles,  skateboards,  running,  canoeing and kayaking,  and geocaching  have been held.
A dice run is one variation, where instead of collecting cards, participants roll dice at each stop. The object is to have the highest score as determined by the sum of the dice rolls.
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