License under the Restaurant and Bar Act for the Temporary Sale of Alcohol on Special Occasions; Application

For any temporary sale of alcohol at an event (e.g., a club festival, city festival, music festival, or Christmas market), a so-called permit under Section 12 of the GastG is required. This applies to fairground operators, licensed restaurant owners who serve alcohol outside their establishments, and clubs.

Contact:

+(49) 09131 / 86 - 1682

+(49) 09131 / 86 - 2636

Section 12 of the GastG applies when the catering services are provided on a temporary basis in connection with an event. Such a special occasion is presumed to exist if the catering activity in question is linked to a short-term, infrequent event that is unrelated to the catering activity itself (the occasion must therefore be exclusively of a non-catering nature).

Since, in the context of events, the requirements regarding premises and the environment are generally already regulated and ensured during the organization of the event, the review under restaurant law for events typically focuses on the personal requirement of reliability.

To demonstrate reliability, the documents listed below must be submitted.

The application for a restaurant license in connection with an event must be submitted in writing (i.e., a simple email or through a provided online procedure is sufficient) to the relevant municipality.

To qualify for a free deemed approval, the application must be submitted at least two weeks before the planned event. An application that is not submitted in a timely manner—and for which a proper review of eligibility for approval is no longer possible by the scheduled event date—justifies the denial of the permit.

• General Information
  
  • Statement of the last name and first name, including a valid mailing address,
  • Specify the location and time period during which the restaurant business will be operated,
  • A description of the food and beverages intended to be served.
• Documents to substantiate reliability:
  
  • a valid itinerant trade license,
  • a valid restaurant license,
  • any other valid commercial license subject to a reliability check,
  • a permit for the prior serving of alcoholic beverages of a similar nature, with the assurance that this was carried out without any official objections, or
  • a certificate of good conduct and an extract from the Central Trade Register pursuant to § 150(1), first sentence, or (5) of the Trade Regulation Act (GewO), each no more than one year old

  In the absence of a previous authorization notice, proof of good character may also be provided by specifically stating the location, time period, and scope of the serving of alcoholic beverages that was not objected to by the authorities. A certified copy of a proof of reliability from another EU member state, along with a certified German translation—which, if necessary, may also be replaced by an affidavit or comparable declaration—may also be submitted.

  For non-EU citizens: a residence permit authorizing the pursuit of self-employment, as well as proof of good character (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 an extract from the Central Trade Register.

If there is no doubt that the requirements for approval have been met, the municipality may waive the preparation and issuance of a formal decision (“deemed approval”). In such cases, no fees are charged.

If the municipality incurs a significant amount of review work in an individual case, it may issue a decision subject to a fee, possibly with an extension of the deadline (see Art. 42a, para. 2, sentences 3 and 4 of the Bavarian Administrative Procedure Act) (see 5.III.7.2 Schedule of Fees).

Approval by virtue of deemed approval: free of charge

Authorization in all other cases: 30 to 2,000 EUR

Certificate of Good Conduct and extract from the Central Trade Register: 13 EUR each