§ 1 Definitions

(1) For the purposes of this Act

1. Children are persons who are not yet 14 years old,
2. Young people are persons who are 14 but not yet 18 years old,
3. A person with custody is someone who, alone or jointly with another person, is entitled to custody of the person in accordance with the provisions of the German Civil Code,
4. A person responsible for childcare is any person over 18 years of age who, on a permanent or temporary basis, carries out childcare duties based on an agreement with the person with parental responsibility or who looks after a child or young person within the framework of training or youth welfare.

(3) Telemedia within the meaning of this Act are media that are transmitted or made accessible in accordance with the Telemedia Act. Transmission or making accessible within the meaning of sentence 1 is deemed to include the provision of one's own or third-party content.

(4) For the purposes of this Act, mail order business is any transaction for consideration which is carried out by ordering and sending goods by post or electronic means without personal contact between the supplier and the purchaser or without technical or other precautions being taken to ensure that the goods are not sent to children and young people.

(5) The provisions of Sections 2 to 14 of this Act shall not apply to married young persons.

§ 2 Duty to examine and provide evidence

(1) To the extent that this Act requires supervision by a person with parental responsibility, the persons referred to in Section 1, Paragraph 1, No. 4 shall, upon request, demonstrate their authorization. Organizers and traders shall verify authorization in cases of doubt.

(2) Persons for whom age limits must be observed under this Act shall, upon request, provide appropriate proof of their age. Organizers and traders shall verify age in cases of doubt.

§ 9 Alcoholic beverages

(1) In restaurants, sales outlets or other public places,

1. Beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine with non-alcoholic beverages to children and young people under 16 years of age,
2. Other alcoholic beverages or foodstuffs containing other alcoholic beverages in more than a small amount may not be sold to children or young people, nor may they be permitted to consume them.

(2) Paragraph 1, number 1 shall not apply if young people are accompanied by a person with parental authority.

(3) Alcoholic beverages may not be offered in public vending machines. This shall not apply if a

machine

1. is located in a place inaccessible to children and young people or
2. is installed in a commercially used room and it is ensured by technical devices or constant supervision that children and young people cannot take alcoholic beverages.

Section 20 No. 1 of the Restaurant Act remains unaffected.

(4) Alcoholic sweetened beverages within the meaning of Section 1, Paragraphs 2 and 3 of the Alcopop Tax Act may only be placed on the market commercially with the notice "Sale to persons under 18 years of age prohibited, Section 9 of the Youth Protection Act." This notice must be printed on the prepackaged product in the same font, size, and color as the brand or fantasy names or, where applicable,

§ 10 Smoking in public, tobacco products

(1) In restaurants, sales outlets or other public places, tobacco products and other nicotine-containing products and their containers may not be sold to children or young people, nor may they be permitted to smoke or consume nicotine-containing products.

(2) Tobacco products and other nicotine-containing products and their containers shall not be offered for sale in public in vending machines. This shall not apply if a vending machine

1. is placed in a place inaccessible to children and young people or
2. technical devices or constant supervision ensure that children and young people cannot remove tobacco products.

(3) Tobacco products and other nicotine-containing products and their containers may not be offered to children and young people by mail order or supplied to children and young people by mail order.

(4) Paragraphs 1 to 3 shall also apply to nicotine-free products, such as electronic cigarettes or electronic shishas, ​​in which liquid is vaporised by an electronic heating element and the resulting aerosols are inhaled through the mouth, and to their containers.

§ 12 Image carriers with films or games

(1) Recorded video cassettes and other data storage media (image storage media) suitable for distribution and programmed for playback on or playing on display screen devices with films or games may only be made available to a child or young person in public if the programs have been approved by the highest

State authority or a voluntary self-regulatory organization within the framework of the procedure according to Section 14 Paragraph 6 have released and labeled for their age group or if they are information, instruction and teaching programs that are labeled "information program" or "teaching program" by the provider.

(2) The markings referred to in paragraph 1 shall be indicated by a clearly visible symbol on the image carrier and the cover. The symbol shall be affixed to the front of the cover, bottom left, over an area of ​​at least 1,200 square millimetres and to the image carrier over an area of ​​at least 250 square millimetres. The highest state authority may

1. Details about the content, size, shape, color and placement of the characters and
2. Approve exceptions for placement on the image carrier or sleeve.

Telemedia providers who distribute films, film and game programs must clearly indicate any existing labeling in their offerings.

(3) Image carriers which are not marked or which are marked with "Not suitable for minors" in accordance with Section 14 (2) by the highest state authority or an organisation of voluntary self-regulation within the framework of the procedure in accordance with Section 14 (6) or Section 14 (7) by the provider may not

1. not be offered, given to or otherwise made available to a child or young person,
2. not be offered or provided in retail stores outside business premises, in kiosks or other sales outlets that customers do not normally enter, or by mail order.

(4) Vending machines for dispensing recorded video media may

1. on public transport areas accessible to children or young people,
2. outside of commercial or other professional or business premises or
3. may only be set up in their unattended entrances, anterooms or corridors if only image storage media labelled in accordance with Section 14 Paragraph 2 Nos. 1 to 4 are offered and if technical precautions are taken to ensure that they cannot be operated by children and young people for whose age group their programmes are not approved in accordance with Section 14 Paragraph 2 Nos. 1 to 4.

(5) By way of derogation from paragraphs 1 and 3, image carriers containing extracts from film and game programmes may only be distributed in conjunction with periodicals if they bear a notice from the provider stating that a voluntary self-regulatory organisation has determined that these

Excerpts do not contain any harmful information for minors. This notice must be clearly visible on both the periodical and the image carrier prior to distribution. Paragraph 2, sentences 1 to 3 apply accordingly. The highest state authority may exclude the authorization under sentence 1 for individual providers.

§ 13 Screen gaming devices

(1) Children and young people may only be permitted to play on electronic video game devices without the possibility of winning, which are set up in public, without the supervision of a person with parental responsibility or a person responsible for their upbringing, if the programs have been approved and labelled for their age group by the highest state authority or a voluntary self-regulatory organisation within the framework of the procedure pursuant to Section 14 (6), or if they are information, instruction or teaching programs which are labelled "information program" or "teaching program" by the provider.

(2) Electronic video game equipment may

1. on public transport areas accessible to children or young people,
2. outside of commercial or other professional or business premises or
3. may only be set up in their unsupervised entrances, anterooms or corridors if their programs are approved and labelled for children aged six and over or are labelled "information program" or "educational program" in accordance with Section 14 (7).

(3) Section 12 paragraph 2 sentences 1 to 3 shall apply mutatis mutandis to the affixing of markings on video game equipment.

(JuSchG; as of: 01.01.2018)