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Request for the issuance of the operating permit for seasonal terraces arranged in the historical center (CAEN code 5630, 5610)*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of art.5 para.(1) of OG no.99/2000 regarding the commercialization of products and market services, any commercial activity is carried out only by authorized traders under the conditions of the law, and according to art.6 para.(1) and (2) of the same normative act: commerce in public areas takes place in sales structures with a fixed or mobile headquarters. The exercise of commercialization activities in public areas is subject to the approval of the local public administration authorities or the sectors of the Municipality of Bucharest, as the case may be, in compliance with their own regulations and urban planning plans.
Considering the legal provisions mentioned above, related to the provisions of art.63 para.(5) letter g) of the Local Public Administration Law no. 215/2001, with subsequent amendments and additions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of activities for the commercialization of products and market services within the territory of Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the operating permit/authorization/approval by individuals and legal entities that carry out activities for the commercialization of products and market services in public areas or any other area intended for public use, in permanent or temporary, fixed or mobile sales structures, or, as the case may be, seasonal, in the territory of Sector 3 of the Municipality of Bucharest.
According to art.2 letter a), operating permit is the individual administrative act by which the conditions for carrying out the activities for the commercialization of products and market services are established, exclusively for public food units; letter b) operating authorization is the individual administrative act by which the conditions for carrying out public food activities are established ( restaurant CAEN code 5610, bar CAEN code 5630 ), and according to letter c), operating approval is the individual administrative act by which the conditions for carrying out activities for the commercialization of products and market services, conducted temporarily and/or seasonally, are established.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who carry out or are to carry out commercial, service provision, and public food activities are obliged to submit the documentation for obtaining or extending the validity period of the operating permit/authorization, at least 30 calendar days before the start date of the activity to be carried out or before the date of expiration of the initially authorized validity.
The fee for issuing and releasing the operating approval/permit/authorization, as well as the annual endorsement fee, are provided in the Decision of the General Council of the Municipality of Bucharest regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest. These shall be paid at the Sector 3 Town Hall cash desks, and proof of payment shall be submitted along with the authorization documentation.
In accordance with the provisions of art. 475 para. (3), (4), and (5) of Law no. 227/2015 regarding the Fiscal Code of Romania, with subsequent amendments and additions, and the Decisions of the General Council of the Municipality of Bucharest regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest, economic agents who carry out public food activities (CAEN code 5610, 5630) must pay the public food tax in full, in advance of the issuance of the authorization, regardless of the remaining period until the end of the respective fiscal year, as follows:
- fee in the amount of 3,000 lei for the issuance/annual endorsement of the Operating Authorization – public food (bar, restaurant), for an area of up to 500 m²;
- fee in the amount of 4,000 lei for the issuance/annual endorsement of the Operating Authorization – public food (bar, restaurant), for an area greater than 500 m².
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
I.D/C.I*
Descarcă
Scanned document
ID card/passport of the administrator/person submitting the authorization documentation*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Operating authorization*
Descarcă
Scanned document
The operating permit for the commercial space issued by the Authorization Service – General Directorate of Local Police Sector 3*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Urbanism Notice regarding the periodic occupancy of public domain*
Descarcă
Scanned document
Urbanism Notice regarding the periodic occupation of the public domain - Directorate of Urbanism and Spatial Planning within the City Hall of Sector 3 – Calea Dudești no. 191, Sector 3*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration of assessment regarding the occupation of public domain*
Descarcă
Scanned document
Declaration of taxation regarding the occupation of public domain from Str. Sfanta Vineri no. 32 – for legal entities / Str. Câmpia Libertăţii no. 36 – for natural persons and proof of payment of the public domain occupation tax for the current month*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Permits /agreements / authorizations*
Descarcă
Scanned document
Notices/agreements/authorizations issued by other authorities/public institutions depending on the specifics of the activity to be authorized, as well as the premises where the commercial activity is to be carried out: a) environmental authorization or a declaration on own responsibility that there are less than 100 (one hundred) seats (according to Order No.1798/2007, amended and supplemented by Order No.3839/2012);*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The last invoice accompanied by the receipt for the payment of the sanitation tax*
Descarcă
Scanned document
The last invoice accompanied by the receipt for the payment of the sanitation fee*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for issuing the operating permit*
Descarcă
Scanned document
Proof of payment of the fee for issuing the operating permit*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Power of attorney*
Descarcă
Scanned document
Power of attorney (in case of non-attendance of the associate / company administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The written agreement of the owners/of the persons occupying the buildings based on a contract*
Descarcă
Scanned document
The written agreement of the owners/of the persons occupying the buildings based on a contract and who have previously obtained the owner's consent, directly affected horizontally and vertically (in the case of condominiums), respectively the written agreement of the owners/of the persons occupying the buildings based on a contract and who have previously obtained the owner's consent, directly affected (left, right, back – buildings adjoining the building where the space is arranged, in the case of spaces located in the individual building area of Sector 3 of Bucharest Municipality); The agreement will obligatorily contain: name/surname, series/number of the identity document, the date on which they gave their consent, and their signature - as applicable.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration regarding the classification of the unit – for public catering (according to Government Decision no. 843/1999)*
Descarcă
Formular tipizat
Declaration regarding the classification of the unit – for public food service (according to Government Decision no. 843/1999)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration on own responsibility that the terrace is located at a minimum distance of 100 m from schools, kindergartens, high schools, places of worship*
Descarcă
Formular tipizat
Declaration on own responsibility that the terrace is located at a distance of at least 100 m from schools, kindergartens, high schools, places of worship*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration on own responsibility regarding compliance with the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and completions*
Descarcă
Formular tipizat
Statement on own responsibility regarding compliance with the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and additions*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
APPLICATION FOR ISSUING THE OPERATING PERMIT FOR SEASONAL TERRACES – ARRANGED IN THE HISTORIC CENTER (CAEN code 5630, 5610)*
Descarcă
Formular tipizat
REQUEST FOR ISSUANCE OF OPERATING PERMIT FOR SEASONAL TERRACES – ARRANGED IN THE HISTORIC CENTER (CAEN code 5630, 5610)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Fees
Title
Payment method
Value
Currency
None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
15
Calendar days
Notification deadline:
15
Calendar days
Legislation
Appeal routes
In the case of a dispute between the beneficiary and the competent authority, the provisions of common law are applicable.
*Additional information
More info:
Links
None
Assistance and problem-solving services
None
Last updated:
13 April 2022
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Institution responsible with document:
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
City Hall of Sector 3 Bucharest*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
City Hall of Sector 3 Bucharest*
Calea Dudesti Nr.191 Sector 3, Bucuresti
Telefon:
0213180323/28
Fax:
0213180304
Email:
secretariat@primarie3.ro
Table of contents
Competent entities
Serviciul Autorizare Comerciala Politia Locala Sector 3
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