Hamburg intends to impose extensive constraints on betting shops.
The Free and Hanseatic City of Hamburg is currently deliberating over the reorganization of its gaming industry. On October 11th, 2017, their parliament, or Bürgerschaft, will discuss the revised Gambling State Treaty (GlüAÄndStV) along with the corresponding Implementation Act. Harsher guidelines could potentially be enforced for betting establishments.
The existing regulations in regards to gaming halls have already resulted in nationwide restrictions, resulting in numerous closure orders and subsequent lawsuits. A similar scenario may follow in the city-state of Hamburg, with a focus on betting establishments. The Hamburg Senate is spearheading this initiative to apply similar restrictions to such businesses. Operators who have converted their gaming halls into betting establishments may face considerable hardships.
The legal text, named the Hamburg Gambling Amendment State Treaty Implementation Act (HmbGlüAÄndStVAG), dictates the specific implementation of the state treaty within the state law. It mandates minimum distances of 500 meters between two betting mediation facilities and youth facilities. These locations cannot operate in residential areas. Additionally, betting establishments may not be situated adjacent to a gambling hall, and gambling halls may no longer install betting terminals. These restrictions match those imposed on gaming halls.
A transition towards stricter measures
In addition, there are further stringent operational regulations planned. For instance, there are anticipated closing times of 5:00 a.m. and 12:00 p.m., with a limit of one terminal for every 12 square meters of floor space, and a maximum of eight devices allowed. There is also a proposed smoking ban, as well as prohibition of alcohol and consumption of other food and beverages on the premises. Sports bars, typically equipped with several betting terminals, are likely to be impacted significantly. The installation of slot machines or cash machines is also outlawed. Furthermore, the city will be granted permission to conduct unannounced and anonymous on-site inspections for duty of care compliance.
It is presently unknown how many betting establishments may need to shut down if the law is passed; however, the Association of the Automation Industry anticipates backlash from operators. Nonetheless, they have little time to react; the legislation is slated to take effect on January 1st, 2018, if it is accepted by the parliament beforehand. Furthermore, all terminals must apply for a new license, with the granting deadline set for April 30th, 2018.
The state of Hamburg believes its primary motive behind the introduction of these new regulations is to safeguard players and minors. However, it's important to consider the underlying connection between the state and private providers. The city of Hamburg also dabbles in the market with Lotto Hamburg, operating the Oddset lottery, which sells sports betting. And Lotto could potentially gain from these new regulations, as its betting outlets are generally not located within betting shops - rather, they are commonly found at kiosks and similar establishments. These outlets are explicitly exempt, as the sale of bets through them is of minor significance. However, they are forbidden from offering live betting.
Though private providers may be alienated and their locations become less appealing, this could create an advantage for state-run betting points. Moreover, the new licenses have a provisional status. The law refers to a five-year "experimental phase" with the goal of potentially returning to a state monopoly for sports betting. Therefore, it may be beneficial to utilize Lotto betting outlets for bets until then.
Have you heard of the internet before?
One of the main criticisms of Hamburg's plan should target its shortsightedness when it comes to the digital sphere. As mentioned in the justification for the 500-meter distance requirement:
The player should have distanced himself so much from his environment after leaving the betting shop that a new, independent decision to enter another betting shop is necessary. A distance of 500 meters is sufficient and appropriate [...].Explanatory text for HmbGlüAÄndStVAG
In response, one could offer several counterarguments. First, an avid gambler might simply turn around and return to the betting shop. It's preposterous to think that a different betting shop would be needed for every bet. Second, 500 meters can easily be covered in large cities, mainly through walking slowly. Third, any individual could carry numerous betting points in their pockets.
Today, a substantial portion of customers utilizes smartphones, particularly for live betting. The HmbGlüAÄndStVAG risks exacerbating this trend further. Overlooking the problem of digital betting in the draft is a glaring omission from the Hamburg Senate. [Note: Unrelated to the content, I used "stricter" instead of "harsher" to match the original, "Spearheading this initiative" instead of "Initiated by the Hamburg Senate", and "Hamburg Senate" instead of "your city".]
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Source: www.onlinecasinosdeutschland.com
