Individual licence for a public lottery or draw (also small lotteries and raffles)

Prerequisite for the approval of a lottery

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

1. the event is not precluded by any of the following grounds for refusal:

• A permit may not be granted if it cannot be ruled out that the organisation of the lottery promotes the gambling instinct in a special way due to the overall gambling offer already existing, in particular with regard to the number of games of chance already organised or their type or implementation.

• Permission may not be granted if

  • the game plan provides that

    • the announcement of the draw results takes place more often than 2 times a week,

    • the maximum prize exceeds a value of 1.000.000,00 Euro or

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

  • interactive participation in broadcasting and telemedia with prompt announcement of the prize is made possible.

2. the organiser is a non-profit organisation,

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

4. no economic purposes are pursued with the event that go beyond the advertising effect associated with the reference to the provision of prizes, and

5. it is not to be expected that the event itself or the realisation 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 period of time may also not be licensed if there is no sufficient public need for its organisation despite the existing offer of licensed games of chance. For the assessment of the sufficient public need, the purpose of the event and the intended use of the proceeds shall not be taken into consideration.

Game plan

A game plan must be attached to the application for approval of a lottery.

From the game plan, the amount of the game capital, divided as a percentage into

• Win total (value of winnings to be played),
• Lottery or sales tax,
• Costs of the lottery and
• Net income

result.

Care shall be taken to ensure that the net proceeds, the prize money and the costs are in reasonable proportion to each other. The costs of the event shall be kept as low as possible. An appropriate net profit, as high as possible, shall be achieved. At least 30 per cent of the fees shall be earmarked for the net proceeds and the profit total in the programme and there shall be no reason to assume that these proportions will not be achieved. When submitting the application, a calculation must be submitted showing the expected costs of the event, the profit total, the taxes and the net income.
 

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

In the case of small lotteries, i.e. lotteries in which the sum of the fees to be paid does not exceed the amount of 40,000.00 euros and the net proceeds are used exclusively and directly for charitable, ecclesiastical or benevolent purposes, the net proceeds and the prize amount need only amount to at least 25 per cent of the fees.
 

The match schedule also regulates match operations in general. It contains the conditions under which the possibility of participation is opened. In particular, it designates the asset performance (the stake) of the individual player and regulates the procedure for determining the winnings.
 

Winning plan

A winning plan must be attached to the application for approval of a lottery.
The prize schedule shall contain the type, number and amount of all prizes. Winnings in kind shall be listed, indicating their value.
 

In the event of division into several series, an overall profit plan shall be drawn up containing the above details, divided into the intended series. The prize share of each series must be equal. The main prizes shall be distributed equally among the individual series.

• 3 Lottery,Raffle - Application 2021.pdf

For the granting of a permit to conduct a lottery or draw, a fee of 2.5 per thousand of the gaming capital, but not less than 110.00 euros, shall be charged.
 

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

For tax regulations, see the service description "Registering a lottery or draw with the tax office".
 

• Register lottery or draw with the tax office

• Administrative Costs Regulations for the Portfolio of the Ministry of the Interior and Sport
• § 287 Criminal Code - StGB -
• State Treaty on Gambling in Germany (State Treaty on Gambling)
• Hessian Gaming Act

Important notice

Anyone who organises public lotteries or lottery games without official authorisation, namely offers to conclude gaming contracts for a public lottery or lottery game or accepts offers directed towards the conclusion of such gaming contracts, is liable to a custodial sentence not exceeding 2 years or to a monetary penalty.