Catering business: Restaurant permit Unfortunately this specification of service has not yet been completely translated.
If you want to operate a restaurant, you need a permit.
If you want to operate a restaurant, you generally need a permit (concession). The reservation of permission is intended to ensure that the company does not pose any dangers (e.g. to the safety and health of guests, hygiene protection) or unreasonable nuisances (e.g. noise and odour emissions).
A restaurant is operated by anyone who commercially administers drinks and/or food for consumption on the spot (pub/dining), if the business is accessible to everyone or certain groups of people.
No permission is required if you only:
- soft drinks,
- free samples,
- prepared food, or
- in conjunction with an accommodation establishment Drinks and prepared food to house guests
The freedom of permission does not release from compliance with other trade law regulations, such as the obligation to notify food law regulations or construction law.
The restaurant permit is issued for a specific person (including legal ones). Permission is also granted for a specific mode of operation (e.g. bar, dining, bar, discotheque, dance café) and for certain rooms.
A permit shall not be granted if facts justify the assumption that the applicant
- does not have the reliability required for the business operation, in particular "is devoted to the drunkenness" or
- fears that he will exploit inexperienced, reckless or weak-willed people, or
- encourage alcohol abuse, prohibited gambling, stealing or immorality, or
- will not comply with the provisions of health or food law, occupational safety or youth protection,
- the rooms intended for the operation of the trade or for the residence of the employees are not suitable for the operation due to their location, nature, equipment or division, in particular do not meet the necessary requirements for the protection of guests and employees against dangers to life, health or morality or the requirements otherwise necessary for the maintenance of public security or order, or
- the rooms intended for the operation of the business for guests cannot be used barrier-free by disabled people, provided that these rooms are located in a building for which a building permit has been issued after 1 November 2002 for the first construction, for a substantial conversion or a substantial extension or which, in the event that a building permit is not required, was completed after 1 May 2002 or substantially rebuilt or extended,
- the commercial enterprise contradicts the public interest with regard to its local location or the use of the rooms, in particular harmful environmental effects within the meaning of the Federal Immission Control Act or other significant disadvantages, dangers or nuisances for the general public,
- the applicant does not prove by means of a certificate from a Chamber of Industry and Commerce that he or his deputy (§ 9 GastG) has been informed of the basic features of the food law knowledge necessary for the envisaged company and can be regarded as familiar with them.
Permission is granted on request. For this purpose, the form must be completed and signed and submitted personally. This is followed by the verification of the applicant and the premises.
The following documents can be requested (please contact the responsible municipality, office or city administration in this regard):
- Certificate of good conduct for authorities (document type 0) and extract from the Central Trade Register (document type 9),
- Certificate in tax matters from the competent tax office,
- Tax clearance certificate from the municipality of residence,
- Extract from the debtor register,
- Certificate from the insolvency court,
- in the case of delivery of prepared food: proof from the health authority of participation in an instructional meeting within the framework of the Infection Protection Act or a valid health certificate,
- proof of information from a Chamber of Commerce and Industry,
- in the case of a GbR, the GbR contract must be submitted.
- Proof of information from a Chamber of Commerce and Industry.
- In the case of legal persons or associations, the information must be provided for all persons authorised to represent them.
- floor plan drawings and site plans of the rooms intended for the operation of the trade as well as for the stay of the employees,
- in addition, where appropriate, an extract from the register of trade, cooperatives or associations must be submitted.
Further documents can be requested. Information on this can be obtained from the competent authority.
Operation of a restaurant with permission:
On special occasions, the operation of a restaurant may be temporarily permitted on revocation under simplified conditions (permission).
All information is provided subject to any necessary building law examination. Further information can be found in the service descriptions for building law ( building application ).
- §§ 1, 2, 3, 4 Gaststättengesetz (GastG),
- § 1 Para. 1 No. 1 Landesverordnung zur Ausführung des Gaststättengesetz (Gaststättenverordnung - GastVO).
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