Gambling generally refers to all games where winning or losing depends at least predominantly on chance. A distinction must be made between games of chance and prize games. Participation in a game of chance usually involves a fee, whereas this is not the case with prize games. In Austria, the federal government generally holds the so-called gambling monopoly. This means that, in principle, the federal government reserves the right to organize gambling. Therefore, anyone wishing to organize a game of chance within the meaning of the Gambling Act must obtain a concession or permit from the Federal Minister of Finance. However, there are some exceptions to this monopoly.
For example, permitted are:
- Games of chance that are organized for entertainment and involve small amounts.
- Gambling machines are also not subject to the federal gambling monopoly, provided they are showman businesses such as “pulling strings,” “wheel of fortune,” “fishing for fish or ducks,” or similar.
According to the Gambling Act, concessionaires and permit holders are obliged to maintain their advertising appearances on a “responsible scale.” This moderate approach is violated if, for example, particularly high stakes or gambling with borrowed capital are advertised. Furthermore, it must not be suggested that increased playing increases the chances of winning. In general, chances of winning must not be exaggerated in advertising.
Anyone who organizes gambling contrary to the provisions of the Gambling Act must expect an administrative penalty of up to EUR 60,000.00. Criminal consequences must also be expected.
