You operate a catering business if, in a standing business, you
- serve drinks for consumption on the premises (pub business) or
- serve prepared food for consumption on the premises (food service),
if the business is accessible to the general public or certain groups of people.
The catering trade only requires a permit if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared food are served, the restaurant business does not require a permit.
The permit is issued for a specific type of business (e.g. pub and restaurant, discotheque, dance café, etc.) and for the rooms used for the business.
A permit is also required for any expansion of the restaurant business and any change to the type of business.
In the case of civil law companies and commercial partnerships (OHG, KG), each managing partner requires a permit.
If you wish to operate a restaurant requiring a permit through a deputy, you will require a deputy permit.
If you wish to take over a restaurant requiring a permit from another person, you may be permitted to operate the restaurant business until the permit is issued on a revocable basis (usually for a period of up to three months) (provisional permit).
The same applies to the granting of a temporary replacement permit.
After the death of the license holder, the restaurant business may be continued by the spouse, partner or underage heirs on the basis of the previous license during the period of minority. The same applies to executors, administrators or executors of wills for a period of 10 years after the death. If you wish to continue to run a business on this basis, you must notify the licensing authority immediately.
If the catering activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, town, music festival, etc.), the operation of the catering business can be permitted by the municipality under simplified conditions (as a rule, no proof of instruction and no building permit is required) (see "Licensing under catering law; application" under "Related topics").
