Apply for a temporary restaurant permit
Unfortunately this specification of service has not yet been completely translated.

Sie möchten eine Gaststätte mit Alkoholausschank von einer anderen Person übernehmen? Um den Gaststättenbetrieb ohne zeitliche Unterbrechung weiterzuführen, können Sie zunächst eine vorläufige Erlaubnis beantragen, die später durch die endgültige Erlaubnis ersetzt wird.
You need a permit to operate a restaurant where you want to serve/sell alcohol.
Only if you offer alcoholic beverages does your restaurant business require a permit. However, if you only offer non-alcoholic beverages and prepared food, your catering business does not require a permit.
If you want to take over the restaurant from someone else, you can apply for a temporary permit under easier conditions - to enable seamless continued operation. This provisional permit is usually granted for a maximum of three months and is later replaced by a final permit. However, the period of validity of the provisional permit can be exceptionally extended for important reasons. This applies above all if a final permit is not granted within the three-month period.
It is a hospitality business if you are commercial
  • Dispense drinks (tavern) or
  • administer prepared meals (catering), and
  • the company is accessible to everyone or a certain group of people.
  • Copy of identity card or passport with current registration certificate,
  • Certificate in tax matters (not older than 3 months)
  • rental or lease agreement
  • Application according to § 2 Restaurant Act
  • in which case. residence permit
You can prove your professional qualifications with the following documents:
  • If applicable: Proof of training from a chamber of industry and commerce in accordance with Section 4 (1) sentence 1 no. 4 of the Restaurant Act
  • Evidence of an exemption in accordance with No. 3.4 of the general administrative regulation on the proof of instruction in the Restaurant Act in conjunction with Annex 3

Preconditions

  • You can only be granted a temporary restaurant license if you want to take over an existing alcohol-serving restaurant without any changes.
  • You cannot apply for a provisional restaurant permit for a new establishment or expansion. This means that no changes may be made to the premises or to the operating mode, for example as a bar, dining area or discotheque as part of the continuation of operations.
  • You will only receive the provisional permit if you have already applied for the restaurant permit or are applying at the same time

Hints

There are the following hints:
The period of validity is usually limited to a maximum of three months. It can be extended at the request of the holder, provided that there is an important reason for this. An important reason exists in particular if the granting of the final permit applied for is delayed for reasons for which the applicant is not responsible.

The provisional catering license will not be granted if the operation of the predecessor has been legally revoked, a structural change has taken place, the operation has been closed for more than 1 year or it is a new construction.
§ 11 Restaurant Act (GastG)
https://www.gesetze-im-internet.de/gastg/index.html#BJNR004650970BJNE001201308

§ 4 Restaurant Act (GastG)
https://www.gesetze-im-internet.de/gastg/__4.html

Related Links

  • Point of single contact
  • Catering business permit
  • Education in the hospitality industry
  • Submit your completed and signed application for a temporary restaurant permit and the other required documents.
  • At the same time, apply for a restaurant permit for the final operation of your restaurant. Attach all required documents to this application.
  • If you have not received the final permit by the time your temporary permit expires, you must apply for an extension in good time.

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