Restaurant permit; application by EU citizens

You operate a catering business if, in a standing business, you

1. serve drinks for consumption on the premises (pub business) or
2. serve prepared food for consumption on the premises (food service),

if the business is open to the general public or certain groups of people (§ 1 of the Restaurant Act - GastG).

The catering trade only requires a permit if alcoholic beverages are served. If only non-alcoholic drinks and/or prepared food are served, the catering trade does not require a permit.

In addition to obtaining a permit, you must register the business with the responsible municipality in accordance with § 14 GewO.

The permit is issued for a specific type of business (e.g. pub and restaurant, discotheque, dance café, etc.) and for the rooms used for the business
Permission is also required for any expansion of the restaurant business and any change to the type of business.
In the case of civil law companies and trading companies, each managing partner requires a permit.

If you wish to operate a restaurant requiring a permit through a deputy, you require a deputy permit (§ 9 GastG).
If you wish to take over a restaurant business requiring a permit from another person, you may be permitted to operate the restaurant business until the permit is issued (usually for a period of up to three months) (provisional permit).
The same applies to the granting of a temporary replacement permit (§ 11 GastG).

After the death of the license holder, the restaurant business may be continued by the spouse, partner or underage heirs on the basis of the previous license during the period of minority. The same applies to executors, administrators or executors of wills for a period of 10 years after the death. If you wish to continue a business on this basis, you must notify the licensing authority immediately.

If the gastronomic activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, town, music festival, etc.), the operation of the catering business can be permitted by the municipality under simplified conditions (as a rule, no proof of instruction and no building permit is required) in accordance with § 12 GastG. The municipality is responsible for this.

The trader's reliability is checked on the basis of documents issued in the country of origin that prove that the reliability requirements are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.

The Chamber of Industry and Commerce (following a 6-hour course) will certify that you have the necessary knowledge of food law (if you run a pub or restaurant) (proof of training). In the case of legal entities, these personal licensing requirements must be met by the authorized representatives (managing director, board of directors). Holders of certain completed vocational training courses (e.g. boulanger in France, master baker in Austria) who can provide proof of the relevant qualification are exempt from the proof of instruction.

A further prerequisite for the granting of the permit is that the rooms intended for the operation of the business or the stay of the employees are suitable, that the rooms intended for guests can be used without barriers and that the business is not contrary to the public interest with regard to its local location or the use of the rooms, in particular that there is no fear of harmful environmental effects or other significant disadvantages, dangers or nuisances for the general public.

In particular, a building permit must be available for the intended type of business.

The restaurant permit must be issued before the start of operations, so a timely application (approx. 4 weeks before the start of operations) is required.

• Identity card; passport
• Proof of good repute from the country of origin
  in beglaubigter Kopie und beglaubigter deutscher Übersetzung; ggf. Ersetzung durch Versicherung an Eides statt oder ähnliche Handlungen
• Proof of instruction
  Kopie
• Lease/rental agreement or proof of ownership of premises
• Floor plans and site plans, building permit
• Documents for restaurant permit (EU citizens)
  bei eingetragenen Firmen Handelsregisterauszug oder vergleichbare Eintragungsunterlagen aus dem Ausland (mit deutscher Übersetzung) bei Gesellschaften des bürgerlichen Rechts Gesellschaftsvertrag bei einer GmbH in Gründung eine Abschrift des notariellen Gründungsvertrages und eine Vollmacht der Gründer, wonach der Gewerbebeginn bereits vor der Handelsregistereintragung aufgenommen werden soll
• Details and documents relating to the applicant and deputies
  bei Anträgen auf Stellvertretererlaubnis
• Authorization: Written power of attorney and identification of the principal and the authorized representative

• Restaurant license: 100 to 6,000 EUR
• Deputy permit and provisional permit: 50 to 600 EUR
• Provisional proxy permit: 30 to 300 EUR
• Certificate of good conduct and extract from the central trade register: EUR 13 each
• Instruction with confirmation (proof of instruction) at the Chamber of Industry and Commerce: EUR 80