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Section 28

Regulatory fine provisions

(1) A person acts unlawfully who, as organiser or business operator, intentionally or negligently,
1. contrary to section 3(1), fails to publish, fails to publish correctly, or fails to publish in the prescribed manner, the provisions applicable to their business premises or event,
2. contrary to section 3(2), first sentence, uses a label,
3. contrary to section 3(2), second sentence, fails to give a notice, or fails to do so correctly, or in time,
4. contrary to section 3(2), third sentence, gives a notice, announces a film or a game, or advertises a film or a game,
5. contrary to section 4(1) or (3), permits a child or young person to remain in a restaurant,
6. contrary to section 5(1), permits a child or young person to attend a public dance,
7. contrary to section 6(1), permits a child or young person to remain in a public amusement arcade or a room named therein,
8. contrary to section 6(2), permits a child or young person to participate in a game offering the chance of winning,
9. contravenes an enforceable order under section 7, first sentence,
10. contrary to section 9(1), supplies an alcoholic beverage to a child or young person, or permits its consumption by them,
11. contrary to section 9(3), first sentence, offers an alcoholic beverage in a vending machine, 11a. contrary to section 9(4), places alcoholic sweet beverages on the market,
12. contrary to section 10(1), also in conjunction with paragraph 4, supplies a product named therein to a child or young person, or permits smoking or consumption by a child or young person,
13. contrary to section 10(2), first sentence, or (3), each also in conjunction with paragraph 4, offers or supplies a product named therein,
14. contrary to section 11(1) or (3), each also in conjunction with paragraph 4, second sentence, permits a child or young person to attend a public film screening, a promotional trailer or a supporting programme, 14a. contrary to section 11(5) or (6), screens an advertising film or an advertising programme,
15. contrary to section 12(1), makes an image carrier accessible to a child or young person,
16. contrary to section 12(3) no. 2, offers or transfers an image carrier,
17. contrary to section 12(4) or section 13(2), installs a vending machine or a screen gaming device,
18. contrary to section 12(5), first sentence, distributes an image carrier,
19. contrary to section 13(1), permits a child or young person to play at screen gaming devices, or
20. contrary to section 15(6), fails to give a notice, fails to do so correctly, or in time.
(2) A person acts unlawfully who, as provider, intentionally or negligently,
1. contrary to section 12(2), first and second sentences, also in conjunction with paragraph 5, third sentence, or section 13(3), fails to give a notice, fails to do so correctly, or fails to do so in the prescribed manner,
2. contravenes an enforceable order under section 12(2), third sentence, no. 1, also in conjunction with paragraph 5, third sentence, or section 13(3), or under section 14(7), third sentence,
3. contrary to section 12(5), second sentence, fails to affix a notice, fails to do so correctly, fails to do so in the prescribed manner, or fails to do so in time, or
4. contrary to section 14(7), first sentence, labels a film or a game as "information programme" or "educational programme".
(3) A person acts unlawfully who, intentionally or negligently,
1. contrary to section 12(2), fourth sentence, fails to give a notice, fails to do so correctly, or fails to do so in the prescribed manner,
2. contrary to section 14a(1), second sentence, makes a film or a game available,
3. contrary to section 24(5), second sentence, uses a notification, or
4. contravenes an enforceable order under section 24b(4), first sentence.
(4) A person acts unlawfully who, as a person over 18, brings about or promotes conduct by a child or young person that a prohibition described in paragraph 1 nos. 5 to 8, 10, 12, 14 to 16 or 19, or in section 27(1) nos. 1 or 2, or contained in section 12(3) no. 1, or an enforceable order under section 7, first sentence, is intended to prevent. With regard to the prohibition in section 12(3) no. 1, this does not apply to the person with the right of custody, or to a person acting with the consent of the person with the right of custody.
(5) The regulatory offence may, in the cases under paragraph 3 no. 4, be punished with a regulatory fine of up to five million euros, and in the remaining cases with a regulatory fine of up to fifty thousand euros. Section 30(2), third sentence of the Act on Regulatory Offences applies to the cases under paragraph 3 no. 4.
(6) In the cases under paragraph 3 nos. 2 and 4, the regulatory offence may also be punished where it is not committed within the territorial scope of this Act.
(7) The administrative authority within the meaning of section 36(1) no. 1 of the Act on Regulatory Offences is, in the cases under paragraph 3 nos. 2 and 4, the Federal Agency for Child and Youth Protection in the Media.

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