Catering establishment: Granting of a substitute permit

If you want to operate a restaurant by a deputy, you need a deputy permit.

Anyone who wants to operate a restaurant business requiring a permit through a deputy requires a deputy permit. This is granted to the holder of the restaurant permit for a designated deputy and can be limited in time. For each person who is to exercise the trade as a deputy, the trader needs a deputy permit.

The exercise of the trade by the deputy can also be permitted on revocation until the permit has been granted. If the business is no longer operated by the deputy, this must be reported immediately to the licensing authority.

The substitute permit can only be granted if the restaurant permit has already been issued or is issued at the same time. A provisional restaurant permit, on the other hand, does not yet form the basis for a substitute permit. In these cases, a provisional proxy permit may be applied for.

As holder of the restaurant permit:
Informal written request.

As a future deputy:
The following documents can be requested (please contact the responsible municipality, office or city administration in this regard):

  • 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,
  • Certificate of good conduct (document type "0"),
  • Information from the Central Trade Register (document type 9),
  • Certificate of the Chamber of Industry and Commerce on the information according to § 4 (1) No. 4 Restaurant Act.
  • 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.
  • In the case of a GbR, the GbR contract must be submitted.
  • In the case of legal persons or associations, the information must be provided for all persons authorised to represent the company,
  • in addition, where appropriate, an extract from the register of trade, cooperatives or associations must be submitted.

The application for a substitute permit must be submitted personally by the holder of the restaurant permit.

The application forms must comply with the annex to the Restaurant Ordinance (GastVO).

  • § 9 Restaurant Act (GastG),
  • State Ordinance on the Implementation of the Restaurant Act (Gaststättenverordnung - GastVO),
  • Landesverordnung über Verwaltungsgebühren (Allgemeiner Gebührentarif) Tarifstelle 11.4.6 - VwGebVO.

Related Links

  • § 9 GastG - Deputy permit
  • GastVO
  • VwGebVO

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