Excerpt from the JuSchG - Germany

Protection of Young Persons Act
Published on July 23, 2002 [Federal Law Gazette I, p. 2730, 2003 I, p. 476] Amendment by Article 7, Sub-Clause 2, Act of December 27, 2003 [Gazette I p. 3007] Amendment by Article 3, Act of December 29, 2003 [Gazette I p. 3076] Amendment by Article 2, Act of July 23, 2004 [Gazette I p. 1857, 2600] Amendment by Article 2, Act of February 27, 2007 [Gazette I p. 179, 251] Amendment by Article 3, Act of July 20, 2007 [Gazette I, p. 1595] Amendment by Act of June 24, 2008 [Gazette I, p. 1075] Amendment by Article 3, Act of October 31, 2008 [Gazette I, p. 2149]

§ 1 Definitions - extraction

(1) The following definitions shall apply by letter and spirit of this Act:
1. Children are persons below the age of 14 years.
2. dolescents are persons as of 14 but below the age of 18 years.
3. A Custodial Person is an individual who is personally or together with another individual responsible for care and custody of other persons according to the legal provisions of the (German) Civil Code [BGB].
4. Person with Parental Power describes the status of any person above the age of 18 who is permanently or for a defined period of time or in the context of school or vocational training or under a youth welfare scheme in charge of educational duties for a child or adolescent on the basis of an agreement with the Custodial Person.

§ 4 Restaurants

(1) Children and Adolescents below the age of 16 years shall not be present in a restaurant unless they are accompanied by a Custodial Person or a Person with Parental Power or for one meal or drink between 5 a.m. and 11 p.m. Adolescents as of the age of 16 years shall not be present in a restaurant between midnight and 5 a.m. unless they are accompanied by a Custodial Person or a Person with Parental Power.

(2) Sub-Clause 1 shall not apply to Children or Adolescents who are travelling or who attend an event sponsored by a youth welfare body.

(3) Children and Adolescents must not be permitted to be present in restaurants of night club nature or in comparable entertainment establishments.

(4) Exeptional permits regarding Sub-Clause 1 may be granted by the applicable authority.

§ 5 Dances

(1) Children as well as Adolescents below the age of 16 years must not be permitted to attend public dance events unless they are accompanied by a Custodial Person or Person with Parental Power. The time limit for Adolescents as of 16 years of age shall be midnight.

(2) Presence of Children until 10 p.m. and of Adolescents below the age of 16 until midnight may be permissible for dance events sponsored by a youth welfare body or for artistic participation or folklore programmes.

(3) Exeptional permits may be granted by the applicable authority.

§ 6 Gambling rooms, games of chance

(1) Children and Adolescents must not be permitted to be present in gambling rooms or comparable gambling facilities.

(2) Participation of Children and Adolescents in games with prizes run in the public shall be restricted to fun-fairs, folklore festivals and comparable events under the condition of low- value prizes in kind.

§ 7 Events or premises of undesirable impact on young people

Operators of public or company-related events with a potential of undesirable impact on the physical, spiritual or psychic wellbeing of Children or Adolescents may be ordered by the applicable authority to prevent Children and Adolescents from presence and/orparticipation. Such public orders may be qualified by age or time limits or other provisions to rule out or minimise the risk.

§ 8 Places with undesirable impact on young people

If a Child or Adolescent is present at a place at which she/he may be exposed to a direct risk for her/his physical, spiritual or psychic wellbeing, the applicable authority shall take all measures necessary to avert the risk. The following measures may have to be taken:
1. The Child or Adolescent may be asked to leave the place.
2. The Child or Adolescent may be transferred to the Person with Parental Power, in compliance with § 7, Sub-Clause 1, No. 6, Eighth Edition, Social Security Code, or, if a Person with Parental Power is temporarily not available, may be taken into the care of the local Youth Welfare Office.
In difficult cases, the local authority shall provide the Youth Welfare Office with more specific information on the place concerned.

§ 9 Alcoholic drinks

(1) The following bans shall apply to restaurants, stores and other points of sale:
1. Brandy as well as brandy-containing drinks or food products with brandy above negligible level must not be sold to Children and Adolescents.

2. Other alcoholic drinks must not be sold to Children and Adolescents below the age of 16 years.
Nor must their consumption by said persons be tolerated.

(2) Sub-Clause 1, No. 2 shall not apply to Adolescents accompanied by a Custodial Person.

(3) Alcoholic drinks must not be available from drinks dispensers in the public.
This shall not apply under the following circumstances:
1. A drinks dispenser is located on a site not accessible for Children and Adolescents.
2. A drinks dispenser is located in enclosed company space and furnished with mechanical devices or adequately guarded and supervised to the effect that Children and Adolescents have no access to alcoholic drinks. § 20, No. 1, German Licensing Act, shall not be affected.

(4) Sugared alcohol-containing beverages in terms of § 1, Sub-clauses 2 and 3, Alcopop Tax Act, must not be commercially launched without the label “Not to be distributed to persons below 18 years of age, § 9, Protection of Young Persons Act”. This notice shall be attached to the sales package in type, size and colour of print identical with that of the trade or fancy name or with the marketing label or, in case of bottles, on the front label.

§ 10 Smoking in the public, tobacco products

(1) Tobacco products must not be sold to Children and to Adolescents nor must the latter be permitted/tolerated to smoke in restaurants, stores and other public places.

(2) Tobacco products must not be available from selling machines unless the following conditions are satisfied:
1. The selling machine has been installed at a location not accessible for Children and for Adolescents.
2. The selling machine has been furnished with mechanical devices or is permanently guarded to ensure that Children and Adolescents cannot take tobacco products out of them.

§ 11 Movie performances

(1) Presence of Children and Adolescents at public movie performances shall not be permissible unless the films shown have been cleared for them by the supreme state authority or an organisation of voluntary self-control in a procedure according to § 14, Sub- Clause 6 or if they are labelled “Information Programme” or “Educational Programme”.

(2) Presence of Children as of six years of age at public movie performances may be permissible, in deviation from Sub-Clause 1, if the films shown have been cleared/labelled for Children and or Adolescents as of twelve years, provided that parental guidance is ensured (Custodial Person).

(3) Presence at public movie performances shall be solely permitted with parental guidance (Custodial Person, Person with Parental Power), notwithstanding the conditions specified in Sub-Clause 1. This restriction shall apply to the following situations:
1. Children below the age of six years;
2. Children as of six years at performances finished later than 8 p.m.;
3. Adolescents below the age of 16 years at performances finished after 10 p.m.;
4. Adolescents as of 16 years at performances lasting beyond midnight.

(4) Sub-Clauses 1 through 3 shall apply to public movie performances independent of techniques of recording and reproduction. They shall also apply to advertising commercials and supporting programmes. They shall not apply to non-commercial films, as long as those films are not used for commercial purposes.

(5) Commercials and advertising programmes for tobacco products and alcoholic drinks must not be shown before 6 p.m., notwithstanding the conditions specified in Sub-Clauses 1 through 4.

§ 12 Data media with films or games

(1) Recorded video cassettes and other data media suitable for distribution and reproduction on a monitor or playing on a monitor, using data media with films or games, shall not be accessible in the public for Children and Adolescents unless they have been cleared and labelled for the respective age group by the supreme state authority or an organisation of voluntary self-control in a procedure according to § 14, Sub-Clause 6, or unless they are labelled “Information Programme” or “Educational Programme”.

(2) Labelling codes according to Sub-Clause 1 should be clearly visible on the surface of data media and on its cover. The label of at least 1,200 mm² shall be applied to the front surface of the cover, bottom left, and to the image medium in the size of at least 250 mm². The following steps may be taken, in this context, by the supreme state authority:

1. Instructions on content, size, form, colour and fixation of codes.
2. Exceptional permissions regarding fixation of codes to media surfaces or cover. Telemedia operators who are involved in distribution of film and game programmes have to
make sure that labels on their products are clear and unambiguous.

(3) Data media which are unlabelled or are labelled “Not released for young people” by the supreme state authority or an organisation of voluntary self-control, in compliance with § 14, Sub-Clause 2; and in a procedure according to § 14, Sub-Clause 6, or § 14, Sub-Clause 7, shall be subject to the following restrictions:
1. They must not be offered or rendered available to Children or Adolescents.
2. They must not be offered or rendered available in retail stores, stands or other points of sale outside business rooms usually not visited by customers or in mail order schemes.

(4) The following rules shall apply to machines selling recorded data media:
1. They must not be installed in public places accessible for Children and Adolescents.
2. They must not be installed outside business spaces.
3. They must not be installed in unguarded entrance areas, lobbies or corridors.
Rules 1-3 shall not apply to exclusive sale of data media adequately labelled according to § 14, Sub-Clause 2, Nos. 1-4, and to selling machines furnished with mechanical devices to prevent distribution among Children and Adolescents of age groups for whom the programmes concerned have not been cleared according to § 14, Sub-Clause 2, Nos. 1-4.

(5) Data media with extracts of film and games programmes, in deviation from Sub-Clauses 1 and 3, may be distributed in conjunction with periodicals if they are clearly labelled by the distributor to the effect that an organisation of voluntary self-control has confirmed that the extracts concerned do not include material with a potentially undesirable impact on young people. Such label together with a clearly visible code shall be attached to both the periodical and the data media prior to distribution. § 12, Sub-Clause 2, Clause 2, Phrases 1 to 3, shall apply as the case may be. Release according to Phrase 1 may be ruled out for a distributor by the supreme state authority.

§ 13 Equipment for monitor games

(1) Playing at electronic games monitors without prizes, installed in public areas, may be permitted to Children and Adolescents not accompanied by a Custodial Person or Person with Parental Power if the play programmes have been released for the age group concerned according to § 14, Sub-Clause 6, by the supreme state authority or an organisation of voluntary self-control and have been appropriately labelled or labelled “Information” or “Educational” by the operator of the games facility.

(2) Electronic games monitors may be installed
1. in public areas accessible for Children and Adolescents,
2. outside business spaces,
3. in unguarded entrance halls, lobbies or corridors if their programmes have been released for Children as of six years of age and have been appropriately labelled or labelled “Information” or “Educational” according to § 14, Sub- Clause 7.

(3) § 12, Sub-Clause 2, Phrases 1 up to 3, shall apply to the mode of labelling of such electronic games monitors.

§ 28 Civil penalty rules

(5) A regulatory offence may be punishable by a fine up to € 50.000.