Einzelgenehmigung für eine öffentliche Lotterie oder Ausspielung (auch kleine Lotterien und Tombolen)

If you wish to hold public lotteries and draws (including raffles), you must apply for them and have them approved.

What information must the application contain?

The application for approval of a lottery or raffle must contain the following information:

1. Name and address of the organizer,
2. Name and address of the natural person responsible for the organization,
3. Type of event,
4. playing time,
5. place or sales area,
6. purpose of the event,
7. number of tickets to be sold and
8. ticket price of the individual ticket.

The type of event may be

• a ticket lottery,
• a draw lottery,
• a ticket lottery,
• a draw lottery and
• a tombola (event in closed rooms with a prize money of up to 6,000.00 euros)

are eligible.

In the case of a lottery, cash prizes are played out, in the case of a draw, prizes in kind. The ticket contains the immediate winning decision; in the case of a draw lottery or raffle, the winners are determined by "drawing" the winning tickets.

The following documents must be enclosed with the application:

1. the organizer's articles of association,
2. the most recent corporation tax assessment notice or notice of recognition of the organizer's non-profit status,
3. if applicable, further proof that the organizer guarantees that the lottery or draw will be conducted properly and that the proceeds will be used for the intended purpose,
4. the game plan (see below for explanation),
5. the prize schedule (see below for explanation),
6. a declaration by the organizer that
   • the prizes listed in the prize schedule are available at the start of the lottery or draw or at the start of each series of the lottery or draw,
   • the net proceeds of the lottery or draw will be used for the intended purpose immediately after the end of the event,
   • in the case of a draw, all winnings have been entered in the prize plan at their usual value,
7. in the case of local events, a certificate from the competent local authority stating that there are no objections to holding the event or a site permit.

If a commercial lottery organizer or another person is involved in the technical implementation of a lottery or draw in return for payment, the contract concluded with these persons must be enclosed with the application.

You must submit the application with all documents to the licensing authority at least 3 weeks before the planned start of the event. If donated non-cash prizes are to be played in a raffle, you can submit the final prize schedule no later than one week before the event.

Game plan

The application for approval of a lottery must be accompanied by a game plan.

The game plan must show the amount of the prize money, broken down as a percentage into

• Total winnings (value of the winnings to be played),
• lottery or sales tax,
• costs of the lottery and
• net proceeds

and net income.

Care must be taken to ensure that the net proceeds, the total winnings and the costs are in reasonable proportion to each other. The costs of the event must be kept as low as possible. An appropriate net profit that is as high as possible must be achieved. At least 30 percent of the fees should be earmarked in the schedule for net income and total winnings and there must be no reason to assume that these percentages will not be achieved. A calculation showing the expected costs of the event, the total profit, the taxes and the net income must be submitted with the application.

If the winnings are donated and therefore no expenses are required for the provision of the winnings, the net proceeds of the event should amount to at least 50 percent of the capital played out.

In the case of small lotteries, i.e. lotteries where the sum of the fees to be paid does not exceed EUR 40,000.00 and the net proceeds are used exclusively and directly for charitable, ecclesiastical or benevolent purposes, the net proceeds and the total winnings need only amount to at least 25 percent of the fees.

The gaming schedule also regulates gaming operations in general. It contains the conditions under which participation is possible. In particular, it specifies the financial contribution (stake) of the individual player and regulates the procedure for determining winnings.

Prize plan

The application for approval of a lottery must be accompanied by a prize plan.
The prize schedule contains the type, number and amount of all prizes. Prizes in kind are listed with their value.

If the lottery is divided into several series, an overall prize schedule must be drawn up containing the above information, divided into the intended series. The prize share of each series must be the same. The main prizes must be distributed evenly among the individual series.

Prerequisite for the approval of a lottery

A permit for a lottery or draw may only be granted if

1. none of the following grounds for refusal stand in the way of the event:

• A permit may not be granted if it cannot be ruled out that the organization of the lottery will encourage gambling in a particular way due to the overall gambling offer already available, in particular with regard to the number of games of chance already organized or their type or implementation.

• Permission may not be granted if

  • the game plan provides that

    • the results of the draws are announced more than twice a week,

    • the maximum prize exceeds a value of 1,000,000.00 euros or

    • parts of the fee to be paid by the player are accumulated for the purpose of creating prizes for future draws (scheduled jackpot).

  • interactive participation in radio and telemedia with prompt announcement of prizes is made possible.

1. the organizer is non-profit,

2. the organizer is reliable, in particular guarantees that the event is conducted properly and in a manner that is comprehensible to the players and the licensing authority and that the net proceeds are used for the intended purpose,

3. the event does not pursue any economic purposes that go beyond the advertising effect associated with the reference to the provision of prizes, and

4. it is not to be expected that the event itself or the realization of the purpose of the event or the use of the net proceeds will endanger public safety or order or impair the relations of the Federal Republic of Germany with other states.

   A new lottery planned for a longer duration may also not be approved if there is no sufficient public need for its organization despite the existing range of approved games of chance. The purpose of the event and the intended use of the proceeds shall not be taken into account when assessing whether there is sufficient public need.

A fee of 2.5 per thousand of the gaming capital, but at least EUR 110.00, is charged for the granting of a permit to hold a lottery or draw.

The granting of a permit for lotteries and draws that serve exclusively non-profit or charitable purposes and whose technical execution is not transferred to a commercial enterprise is free of charge.

For tax regulations, please refer to the service description "Registering a lottery or lottery game with the tax office".

Important note

Anyone who organizes public lotteries or games of chance without official permission, in particular offers to conclude gaming contracts for a public lottery or game of chance or accepts offers to conclude such gaming contracts, is liable to a custodial sentence of up to 2 years or a monetary penalty.

• To the local regulatory authority for lotteries with a prize money of up to 6,000.00 euros for events in closed rooms (tombolas).
• To the district regulatory authority for lotteries and draws with a prize money of up to 130,000.00 euros and for draws with a prize money of up to 6,000.00 euros for outdoor events; for events that cross district borders, to the district regulatory authority in whose district the main focus of the event is located.
• To the Darmstadt Regional Council for lotteries in the form of prize savings.
• To the Hessian Ministry of the Interior and Sport in the case of lotteries and draws with a prize capital of more than 130,000.00 euros or in the case of cross-border lotteries.