Restaurant License; Application

You are operating a restaurant business if, as a licensed business,

• serve beverages for on-site consumption (bar) or
• serve prepared food for consumption on the premises (restaurant),

provided that the establishment is open to the general public or to specific groups of people.

A restaurant business requires a license only if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared meals are served, the restaurant business does not require a license.

The license is granted for a specific type of establishment (e.g., bar and restaurant, discotheque, dance café, etc.) and for the premises used for the business.

Any expansion of the restaurant business and any change in the type of business also require a license.

In the case of civil law partnerships and commercial partnerships (OHG, KG), each managing partner must hold a license. 

If you wish to operate a restaurant business requiring a license through a representative, you need a representative’s license.

If you wish to take over a restaurant business requiring a license from another person, you may be permitted to operate the restaurant business on a revocable basis (typically for a period of up to three months) until the license is granted (provisional license). 
The same applies to the issuance of a provisional proxy license.

Following the death of the license holder, the restaurant business may continue to be operated under the existing license by the spouse, domestic partner, or minor heirs during their minority. The same applies to estate administrators, estate guardians, or executors for up to 10 years following the opening of the estate. If you wish to continue operating a business on this basis, you must notify the licensing authority immediately.

If the catering activity requiring a license consists solely of temporary food service provided in connection with an event (a special occasion, such as a club festival, city festival, music festival, etc.), the operation of the restaurant business may be permitted by the municipality under simplified conditions (as a rule, no proof of training and no building permit are required) (see “Restaurant Licensing; Application” under “Related Topics”).

Contact:

+(49) 09131 / 86 - 1515

+(49) 09131 / 86 - 2363

Requirements for obtaining a permit include the business operator’s good character, proof of training from the Chamber of Industry and Commerce regarding the fundamentals of food law necessary for the proposed business, and requirements related to premises and location, including accessibility.

• The licensing authority verifies the business operator’s reliability based on a certificate of good conduct and an extract from the Central Trade Register.
  For EU citizens, good character is verified based on documents issued in the country of origin that demonstrate compliance with the good character requirements. In such cases, the business operator may be required to submit certified copies of the documents along with certified German translations. If such documents are not issued in the country of origin, they may be replaced by a sworn statement from the business operator or by comparable actions under the law of the country of origin.
  For non-EU citizens, verification of good character generally requires the submission of an official certificate of good conduct or an extract from the criminal record (criminal record) from the home country or an equivalent document and/or a certificate of good conduct for official purposes and a report from the Central Trade Register. If, based on the foreign national’s previous residence, it can be assumed that the aforementioned certificates and documents no longer contain—or do not yet contain—facts relevant under commercial law, the requirement to submit the foreign or German certificates may be waived.
• Completion of the required training in food safety regulations (if you operate a restaurant or bar) is certified by the Chamber of Industry and Commerce (following a course of up to 6 hours) (certificate of completion). In the case of legal entities (GmbH, AG), these personal licensing requirements must be met by the authorized representatives (managing directors, board members). Holders of certain completed vocational training programs (e.g., “Boulanger” in France, “Bäckermeister” in Austria) who can provide proof of the corresponding qualification are exempt from the certificate of training.
• A further requirement for granting the permit is that the premises intended for operating the business or for the employees’ use are suitable, that the areas designated for guests are accessible, and that the operation—in terms of its location or the use of the premises—does not conflict with the public interest, in particular, that it does not give rise to concerns about harmful environmental impacts or other significant disadvantages, dangers, or nuisances to the general public.
• In particular, a building permit must be obtained for the intended form of operation.
• For non-EU citizens, a residence permit authorizing the pursuit of self-employment is generally required.

You must submit an application to the appropriate business licensing authority for a restaurant license or a substitute license.

You must also register your business with the appropriate local municipality (see "Business Registration" under "Related Topics").

The restaurant license must be issued before the business opens; therefore, it is necessary to submit the application well in advance (approximately 4 weeks before the business opens). 

• Identification card or passport
• Certificate of Good Conduct for Government Agencies
• Extract from the Central Business Register
• For EU citizens: Proof of good standing from the country of origin
  

  a certified copy and a certified German translation; if necessary, this may be replaced by an affidavit or similar document

• For non-EU citizens: Proof of good character
  

  An official certificate of good conduct or character, or an extract from the criminal record of the applicant’s home country, or an equivalent document, and/or a certificate of good conduct for government agencies and a report from the Central Business Register

• If the business owner engages in catering activities on a regular and ongoing basis for specific occasions (and thus as a primary occupation): Proof of completion of an IHK course lasting up to 6 hours
• Floor plan of the rooms intended for restaurant operations and employee use
• Lease Agreement or Proof of Ownership of the Premises
• Building Permit
• For EU and non-EU citizens: Documents required for a restaurant license
  
  • For registered companies: an extract from the commercial register or comparable registration documents from abroad (with a German translation)
  • For civil law partnerships: Articles of Association
  • For a GmbH in the process of being formed: a copy of the notarized articles of incorporation and a power of attorney from the founders stating that business operations are to commence prior to entry in the commercial register
• For non-EU citizens: a residence permit that allows for self-employment
• For applications for a substitute permit: Information and documents regarding the applicant and the substitutes
• Power of Attorney: Written power of attorney and identification documents for both the principal and the agent

• To apply for a restaurant license, the City of Erlangen requires the following additional documents:
  
  • Restaurant License Application
  • Business Registration Form
  • Rental or Lease Agreement or Proof of Ownership
  • Building Permit
  • Seating Plan
  • Certificate of Training from the Chamber of Industry and Commerce
  • Instruction pursuant to the Infection Protection Act (available from the ERH District Office, Public Health Department)
  • Certificate regarding tax matters (to be requested from the relevant tax office)
  • Information from the Enforcement Portal based on debtor registries (to be requested at www.vollstreckungsportal.de)
  • Extract from the Commercial Register or notarized articles of incorporation for legal entities
• Restaurant License Application
• Business Registration Form
• Rental or Lease Agreement or Proof of Ownership
• Building Permit
• Seating Chart
• Certificate of Training from the Chamber of Industry and Commerce (IHK)
• Information in Accordance with the Infection Control Act
  Available from the ERH County Administrative Office, Public Health Department
• Certificate Regarding Tax Matters
  Apply at the appropriate tax office
• Information from the Enforcement Portal based on debtor registries
  Apply at www.vollstreckungsportal.de
• An extract from the commercial register or a notarized articles of incorporation for legal entities

• Restaurant license: 100 to 6,000 EUR
• Substitute License and Provisional License: 50 to 600 EUR
• Provisional substitute license: 30 to 300 EUR
• Certificate of Good Conduct and extract from the Central Trade Register: 13 EUR each
• Notification with confirmation (proof of notification) to the Chamber of Industry and Commerce: Costs are determined by the Chamber’s respective fee schedule