程阳：2014年德国(娱乐场)赌场业综述

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2014 Germany casino industry review

 

At the end of 2013 there were a total of 70 casinos in Germany, around half of which are state-owned and the other half mainly owned by private state-licensed enterprises.

 

Although their earnings declined, Germany’s casinos still carried some of the highest gaming tax burdens in the world in 2013, sending €248m to their respective treasuries.

 

Germany’s 70 casinos earned revenues (gross gaming revenue plus tips) of €610m in 2013, 2.4 percent less than the year before.

 

Table game and slots revenues were hit equally, with tables’ gross gaming revenues (GGR) decreasing by 2.7 percent to €144m and slots declining 2.8 percent to €375m.

 

Players made 5.76m visits to German casinos in 2013, 112,000 fewer than in 2012 and a decline of nearly 2 percent.

 

Consumer spending remains under pressure in Europe’s largest economy and casino revenues have declined more than 45 percent since 2008.

 

Casinos have faced smoking bans, restrictions on their advertising, tougher ID rules and the effective denial of ATM cash access for players, combined with competition from unlicensed online operators and, until 2012, expanding numbers of arcades, in addition to new requirements for player protection and documentation of suspected money laundering.

 

At the end of 2013 there were a total of 70 casinos in Germany, around half of which are state-owned and the other half mainly owned by private state-licensed enterprises.

 

 Regulator

 

Games of chance are regulated by individual state laws and the common Interstate Treaty in conjunction with corresponding casino implementation laws. The Ministry of the Interior is the regulatory and supervisory body in most states, but in some states the responsibility lies with the Ministry of Finance.

 

According to the casino laws, the land-based casinos have to abide by a demanding licensing system whereby the licences are strictly limited in numbers and locations, as well as further restrictions on operations.

 

Land-based casinos have to follow very elaborate regulations with regard to consumer protection and rules to prevent money laundering. They must also comply with restrictions on advertising. They are subject to permanent on-site control and supervision by the authorities.

 

There is also a special taxation regime for licensed casinos. The level of taxation is up to 90 percent of gross gaming revenues (GGR).

 

 

On July 1, 2012 amendments to the Interstate Treaty on Gambling, the core gambling legislation in Germany, entered into force, introducing important changes. The amendments, however, remain bitterly contested among industry stakeholders, with casinos, online bookmakers, arcades and lotteries disagreeing on the tax and regulatory burdens.

 

When the amendments were submitted to the European Commission, the commission responded with concerns regarding compliance with EU law in terms of consistency and coherency.

 

Online casino games are still banned. However, in a last minute move the state of Schleswig-Holstein assigned 23 online licences for virtual casino games at the end of 2012 and the beginning of 2013. Additionally, a much lower taxation gives online licence holders a huge advantage compared with landbased casinos. Online licenses are valid until 2018. A recent CJEU ruling, however, confirms that these licences are only valid in the state territory of Schleswig-Holstein.

 

This development added confusion to an already messy legal situation for gaming operators, both land-based and online, and has hindered enforcement against activities that are otherwise clearly illegal in Germany.

 

 

What is missing is a cross-sector consumer protection concept. Such a one has to be the starting point for a gambling regulation adjusted to effective player protection,” said Martin Reeckmann, chairman of Bundesverband privater Spielbanken in Deutschland e.V. (BupriS)

 

 

 Germany’s Licensed Casino Market

 

Casinos are regulated at state level and the 16 German states are entitled to license, regulate and tax casinos independently.

 

The states set a limit on the number of casinos in their territory, and these quotas vary from region to region. Each state passes its own legislation regarding the types of games it permits in the casinos within its borders. Some states such as Hesse, Brandenburg and Bavaria have stipulations as to where casinos can be located. Eight states allow private operators in their gaming laws.

 

At the end of 2013 there were a total of 70 casinos in Germany. They are run by 17 different state-licensed private and public companies and state-operated enterprises.

 

Licensed casinos can be found in the following states: Baden- Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Saarland, Rhineland-Palatinate, Saxony, Schleswig-Holstein and Thuringia. Thuringia state assembly decided in 2014 to cease issuing licences in 2015.

 

Unregulated and less strictly regulated competition from online casinos and slots located in arcades and bars has contributed to the economic pressures that have forced several casinos out of business.

 

 Contributions to Society, Good Causes

 

 Germany’s casinos contribute substantially to good causes on a voluntary basis, while most state gaming laws attribute a share of gaming tax to good causes or sports.

 

 

Social Responsibility Measures

 

Germany’s land-based casinos today abide by a wide range of legal requirements with regard to player protection measures, ranging from strict registration and identification procedures to the establishment of player protection concepts. Casino employees participate in regular training and the casinos themselves comply with responsible advertising controls and anti-money laundering measures.

 

The German casinos originally initiated and established all player protection measures contained in the Interstate Treaty, specifically the social concept requirement and the joint client exclusion system.

 

The Interstate Treaty requires licence applicants to submit a so-called “social concept” in which they outline how they will guarantee a high level of player protection, in particular by means of early diagnosis and prevention. They are also required to provide information and warnings on the addiction risks of gambling and on the probabilities of possible wins and losses. Together land-based casinos also operate a joint client exclusion system that applies across the industry.

 

Casino licence holders are required to develop and document individual programmes for player protection, which incorporate records of staff training and interviews with vulnerable players.

 

Barring can take place either at the request of the player, at the initiative of casino operators, or by third parties that are directly involved. The barring lasts at least one year. After this period the player can make a written request to lift the ban. Operators can be held liable for losses if they fail to prevent vulnerable players from playing.

 

All licensed operators are obliged to control access to slots and table gaming areas to ensure that self-excluded gamblers are not permitted to play.

 

The participation of minors in gambling is forbidden. Although generally players should be at least 18 years of age, some state casino laws require players to be at least 21 years of age.

 

Smoking Ban

 

Smoking regulation is the regulatory remit of the states. Although the regulation varies state by state, generally smoking is banned in casinos, with some states allowing for exceptions such as separate rooms for smokers.

 

Arcades and Slot Machines

 

After a rapid proliferation of slot arcade locations, and the lifting of technical restrictions that brought street machines closer in format to casino slots, the states have pushed back against federal ordinances to regain control of street gaming and its associated hazards.

 

Since 2011/2012 states, for the first time via the Interstate Treaty, have introduced location-based regulation with several restrictions, such as minimum distance requirements, advertising restrictions and opening time cuts.

 

 

“Smoking bans for casinos harm land based operations and drive players to online games” said Otto Wulferding, chairman of Deutscher Spielbankenverband DSbV.

 

 

In 2013 the parliament and the federal council, the Bundesrat, demanded further amendments to curb the federal Gaming Ordinance, the Spielverordnung, to strengthen player protection rules under the act.

 

The amendments include lowering hourly maximum winnings and losses, banning slot machines from betting shops, restricting the operation of slot machines in restaurants and bars, banning simultaneous play on more than one slot machine, as well as introducing obligatory breaks during playing time.

 

The federal government has so far not taken the opportunity to follow the state’s requests for amendments, leaving an uneven playing field for the operation of games of chance.

 

Remote Gambling

 

The offer of online casino gambling is generally strictly forbidden in Germany. Land-based casinos have to comply with the complete ban on online casino gaming and poker, and their use of this distribution channel is completely restricted.

 

Germany’s blanket ban on online gambling was lifted to a certain extent with amendments to the Interstate Treaty on Gambling that entered into force on July 1, 2012. However, the provisions will only allow sports betting, horse race betting and lotteries to be offered online, while the legal situation for landbased casinos remains unchanged.

 

In 2012 the state of Schleswig-Holstein issued 23 licences to mostly non-German operators of online casino games, and 25 licences for sports betting, with the proviso that the licences did not apply beyond its state borders.

 

German land-based casinos did not receive any licences in the process. The licensing regime survives, even though a new coalition has repealed the legislation in Schleswig-Holstein and joined the other 15 states.

 

Nationwide, a chronic lack of enforcement measures against unlicensed online gambling has created a situation whereby Germany is the second largest black market for online gambling, according to the European Commission.

 

For online poker the situation is even more pronounced and 600,000 online poker players help make Germany the biggest black market in Europe.

 

The regulator of Hesse is currently coordinating the licensing process for the 20 sports-betting licences that can be assigned under the latest revision of the Interstate Treaty, but by mid-2014 the regulator in Hesse had not granted a single licence. Internal sources claim that licences will not be issued before 2015.

 

However, in the meantime, several applicants have brought proceedings before the courts on grounds that the process lacks transparency and has been subject to unacceptable delays in the licensing procedure.

 

It remains unclear if and when the licensing process will be completed.

 

Taxation

 

Taxes on German casino profits are among the highest in Europe, but player winnings in Germany are not subject to income tax, except for the earnings of professional poker players.

 

 

Casino tax in each of the 16 states is as follows: