Travel trade; application for a permit by non-EU citizens

In contrast to a commercial activity in a standing trade, no trade notification is required for the exercise of a traveling trade, but rather an official permit (traveling trade card) (Section 55 (2) of the Trade, Commerce and Industry Regulation Act - GewO).

The district administrative authority in whose district you have your habitual residence is responsible for issuing the traveling trade license.

Anyone who offers, sells, distributes or purchases goods or offers services or solicits orders for services outside their commercial establishment or without having a commercial establishment beforehand is engaged in a traveling trade (§ 55 Para. 1 No. 1 GewO). This includes, in particular, visiting homes or stores (door-to-door sales) without a prior order or offering goods and services on the street or in squares, e.g. from non-fixed sales stands.

A traveling trade is also exercised by anyone who carries out entertaining activities as a showman or in the manner of a showman (typical fairground business; § 55 Para. 1 No. 2 GewO).

If the business owner is a partnership without its own legal personality, a travel trade license must be issued for each partner engaged in the travel trade.

Certain activities are exempt from travel trade licenses (§ 55a GewO), such as the occasional offering of goods for sale at trade fairs, exhibitions, public festivals or on special occasions with the permission of the responsible municipality or the sale of self-grown products from agriculture and forestry, vegetable growing, fruit growing and horticulture, poultry farming and beekeeping as well as hunting and fishing.

However, some of the trades that do not require a travel trade license are subject to mandatory notification to the responsible municipality (§ 55c GewO), provided the trade is not already subject to trade notification (§ 14 GewO). These are

• offering goods for sale, soliciting orders, offering services or soliciting orders for services in the municipality of his place of residence or commercial establishment, provided that the municipality has no more than 10,000 inhabitants (Section 55a para. 1 no. 3 GewO),
• the sale of foodstuffs or other everyday consumer goods from a non-fixed sales outlet or other establishment at regular, shorter intervals at the same location (§ 55a Para. 1 No. 9 GewO),
• the offering for sale of printed works on public paths, streets, squares or in other public places (Section 55a (1) No. 10 GewO).

Certain activities are prohibited in the traveling trade, e.g. the sale of poisons and goods containing poisons, breakable bands, electromedical devices, securities, precious metals (Section 56a GewO).

Showmen must take out liability insurance for certain activities (Showmen's Liability Ordinance).

The holder of a traveling trade license is obliged to carry it with him while carrying out the trade, to present it to the competent authorities or officials on request and to cease his activities on request until the traveling trade license has been obtained. On request, he must present the goods he is carrying.

If the holder of the traveling trade license does not carry out the activity in his own person, he is obliged to hand over a duplicate or a certified copy of the traveling trade license to the employees in the business if they are to come into direct contact with customers; this also applies if the employees are working at a different location to the holder (Section 60b GewO).

The permit is subject to the trader's reliability.

To assess reliability, the applicant is generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of his/her 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.

• Non-EU foreigners: residence permit that allows self-employment
• valid identity card or passport
• Proof of reliability
  Amtliches Führungs- oder Leumundszeugnis oder Auszug aus der Strafliste (Strafregister) des Heimatstaates oder einer gleichwertigen Urkunde und/oder ein Führungszeugnis für Behörden (§ 30 Abs. 5 Bundeszentralregistergesetz) und eine Auskunft aus dem Gewerbezentralregister (§ 150 Abs. 5 GewO).
• for registered companies: Extract from the commercial register; for companies under civil law: articles of association
• in the case of power of attorney: a written power of attorney and identification of the principal and the authorized representative

• Travel trade license: 25 to 400 EURO in accordance with the list of costs under the Costs Act (Tariff No. 5.III.5/23)
• Certificate for notification according to § 55c GewO: 12.50 to 50 EURO (Tariff No. 5.III.5/27)