Administrative services A-Z

Anyone wishing to operate a catering business in a standing trade must notify the competent authority for the place concerned of the business registration or business re-registration in writing at least four weeks before the start of the business (incoming mail) in accordance with § 14 (1) of the Trade and Industry Code. This notification shall also state that:

• which mode of operation it is, and
• whether it is intended to offer alcoholic beverages.

The main operating modes are:

• Snack bar / fast food restaurant
• Public house
• Dining
• Tavern and Dining
• Tavern and restaurant with regular music performances
• Disco
• Outdoor bar area (beer garden)
• Café
• Bar
• Discotheque
• Service plaza
• Kiosk
• Department store restaurant

If, in the case of legal persons or associations without legal capacity, another person is appointed to represent them in accordance with the law, articles of association or articles of association after the notification has been certified, this must be reported to the authority immediately.

If the serving of alcoholic beverages is intended, the trader must meet the requirements for reliability under trade law. Unreliable within the meaning of § 35 (1) of the Industrial Code are in particular those who are addicted to drunkenness or who give rise to fears that they will take advantage of inexperienced, reckless or weak-willed people or encourage alcohol abuse, prohibited gambling or receiving stolen goods.

• Completed form "GewA1" according to Appendix 1 to § 14 para. 1 GewO
• Identity card or passport for identification
• Foreigners who are not citizens of an EU member state or an EEA member state require a residence permit from the competent immigration authority, according to which they are permitted to exercise the trade under aliens law

In the case of serving alcohol, additionally required:

• Proof of a certificate of good conduct applied for in accordance with § 30 para. 5 BZRG
• Proof of a requested information from the Central Trade Register for submission to the authority in accordance with Section 150 (5) GewO
• Certificate of good standing for tax purposes (certificate in tax matters)

• natural person: according to time spent, at least € 30.00
• legal entity with a legal representative: according to time spent, at least € 55.00
• for each additional legal representative: according to time spent, at least € 15.00
• in the case of the serving of alcoholic beverages (§ 3 para. 1 BbgGastG), the fee for each natural person and legal representative increases by € 10.00

The business registration for a restaurant in the standing trade must be submitted in full (with all necessary documents) to the local regulatory authority (competent authority) four weeks before the start of operations.

In the case of the serving of alcohol, the competent authority carries out an examination of the trader's reliability under trade law immediately after receipt of the documents.

The following authorities are involved by the Trade Authority:

• Food Inspection Authority
• Lower Building Inspectorate

at least four weeks before the start of operations (receipt of the authorities)

Local regulatory authorities according to § 1 BbgGastGZV.

The tasks of the local regulatory authorities are carried out by the offices, the municipalities that are not subject to administrative authority, the association municipalities, the municipalities that co-administer the municipalities and the independent cities (§ 3 of the Regulatory Authorities Act – OBG)

This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Ministry of Economy and Energy