Restaurant permit; application by non-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 Gaststättengesetz - GastG).

In any case, you must register the business with the responsible municipality in accordance with § 14 GewO.

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.

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 Elraubnis authority immediately.

If the catering 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.

Permit requirements are the reliability of the business operator, proof of training from the Chamber of Industry and Commerce on the basic principles of the food law knowledge required for the prospective business, space and location-related requirements including accessibility.

With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

The Chamber of Industry and Commerce (following a 6-hour course) will certify that you have been instructed in the necessary food law knowledge (if you operate a pub and restaurant) (proof of instruction). In the case of legal entities, these personal licensing requirements must be met by the authorized representatives (managing director, board of directors).

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 does not conflict with 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.

• Non-EU foreigners: residence permit that allows self-employment
• Identity card; passport
• Proof of reliability
  

  Official certificate of good conduct or character or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) GewO).

• Proof of instruction
  Copy
• Lease/rental agreement or proof of ownership of premises
• Floor plans and site plans, building permit
• Documents for restaurant permit (non-EU citizens)
  in the case of registered companies, extract from the commercial register or comparable registration documents from abroad (with German translation) in the case of companies under civil law, articles of association in the case of a GmbH in formation, a copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence before entry in the commercial register
• Details and documents relating to the applicant and deputies
  for applications for a proxy permit
• Authorization: Written power of attorney and identification of the principal and the authorized representative

• Restaurant license: 100 to 6,000 EUR
• Proxy 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