Service Finder
Restaurant business, requesting permission for a special occasion
Service Description
If you wish to operate a catering business with alcoholic beverages for a limited period of time (e.g. funfair, city festival, shooting festival) or for another temporary reason (e.g. canteen on the occasion of a large construction site), you can apply for a temporary permit under simplified conditions. The permit is revocable.
A permit is also required if you have a travel trade permit. On the other hand, you do not need a travel trade permit for a specific event if you already have a permit for it (Section 55a (1) No. 7 GewO).
If you want to participate regularly in a certain recurring event with your catering business (e.g. in an annual folk festival), there is basically an alternative to repeatedly applying for a permit. Provided that neither the spatial conditions nor the type of operation of your business change, a permanent permit can be considered. However, the granting of such a permit does not mean anything about the allocation of a stand space at the respective event.
Since a permit is only issued for the duration of a specific event, i.e. for a limited period of time, it is subject to less stringent conditions than the issuance of a permanent restaurant permit.
Process flow
The application for the permit must be made to the competent body. You must provide the required information and attach those documents that may be relevant for the assessment of your application.
Note: The organizer himself must submit the application. If the organizer is a legal entity or an unincorporated association, a legal representative must submit the application.
The competent authority may impose conditions on the restaurant permit at any time, i.e. also subsequently.
Competent authority
Responsibility and procedures are regulated by the federal states. Licenses for restaurants are issued in all federal states by the municipalities, local authorities or independent cities.
Requirements
In order for you to be granted permission, you must
- be personally reliable,
- Information from the Federal Central Register (certificate of good conduct for authorities)
- Information from the central business register
- Proof of your professional suitability
- Instruction according to § 4 Abs.1 Satz 1 Nr.4 GastG by a chamber of industry and commerce about the main features of the regulations of the food law or an exemption according to Nr. 3.4 of the general administrative regulation about the instruction proof in the restaurant trade (GastUVwV) i.V.m. their appendix 3
Proof of the existence of the spatial requirements for the protection of the life and health of visitors and employees. If necessary, the permit can be linked to conditions in order to ensure this requirement.
Which documents are required?
- Identity card or passport with certificate of registration
- Residence permit if the applicant is a foreigner and not a national of an EU or EEA country.
- Current excerpt from the commercial register
Registered companies please submit a current excerpt from the commercial register upon application. Legal entities in the process of formation (GmbH, AG) submit the articles of incorporation or bylaws.
- Restaurant registration according to § 4 GastG
In the case of repeated applications, the submission of a certificate from an IHK (Chamber of Industry and Commerce) confirming participation in catering instruction or a comparable qualification (confirmation by the IHK) is required.
- Certificate of good conduct only required if the reliability of the licensing authority is not known. Information from the Federal Central Register (certificate of good conduct for presentation to an authority; document type 0). The information must be applied for at the municipality of residence for submission to an authority; it will be sent directly to the authority responsible for the venue.
The information must not be older than 3 months. It can also be applied for online at the Federal Office of Justice.
- Extract from the central business register for natural persons. Only required if the reliability of the licensing authority is not known. Information from the commercial central register for natural persons for submission to an authority (document type 9).
The information must be requested from the municipality of residence for submission to an authority; it will be sent directly to the authority responsible for the venue. The information must not be older than 3 months. It can also be applied for online at the Federal Office of Justice.
- Extract from the central business register of a legal entity
Only required if the reliability of the licensing authority is not known.
Information from the commercial central register for legal persons for presentation to an authority (document type 9).
The information must be applied for at the authority responsible for the venue. It can also be applied for online at the Federal Office of Justice.
- Designation of the temporary event/temporary occasion with details of the area used (site plan, floor plan of the bar area).
What are the fees?
The fees depend on the administrative effort and the respective administrative fee schedule of the country.
What deadlines do I have to pay attention to?
You must submit the application for the granting of a permit under catering law on the occasion of an event in good time (about 2 weeks in advance).
The permit is only valid temporarily for the duration and location of the event.
Legal basis
§ 12 Restaurant Act (GastG)
Applications / forms
- Objection (depending on state law, the objection may be excluded), administrative court action
Appeal
- Written form required: no
- Online procedure possible: yes
- Personal appearance required: no
What else should I know?
- If you operate a restaurant business without the required permit, you are committing an administrative offense. You are also committing an administrative offense if you go beyond what is permitted when operating the restaurant.
- Within the framework of the permit, conditions can be imposed at any time, which must be implemented by you.
- If a requirement is not complied with, the permit can be revoked without further ado. If you do not comply with a requirement, do not comply with it completely or do not comply with it on time, you will also be committing an administrative offense.
Technically approved by
Ministry for Economic Affairs, Innovation, Digitalization and Energy NRW
Professionally released on
04.12.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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