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Request for issuance/renewal of the operating agreement for commercial activity at stall/space in markets/bazaars for SC*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of Article 5, paragraph (1) of Government Ordinance no. 99/2000 regarding the commercialization of market products and services, any commercial activity may only be carried out by authorized merchants under the conditions stipulated by law, and according to Article 6 paragraphs (1) and (2) of the same normative act: commerce in public areas is carried out in sales structures with a fixed or mobile location. The exercise of commercialization activities in public areas is subject to the approval of local public administration authorities or the sectors of Bucharest Municipality, as applicable, in compliance with their own regulations and urban planning schemes.
Considering the legal provisions mentioned above, in relation to the provisions of Article 63 paragraph (5) letter g) of the Local Public Administration Law no. 215/2001, with subsequent amendments and completions, Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of commercialization activities of market products and services within Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the operating agreement/authorization/endorsement by individuals and legal entities who carry out commercialization activities of market products and services in public areas or in any other area intended for public use, in sales structures with a fixed or mobile location, permanent, temporary or, as applicable, seasonal, within Sector 3 of Bucharest Municipality.
According to Article 2 letter a), the operating agreement is the individual administrative act which sets the conditions for conducting commercialization activities of market products and services, exclusively public food units; letter b) the operating authorization is the individual administrative act which sets the conditions for conducting public food activities (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), the operating endorsement is the individual administrative act that establishes the conditions for conducting commercialization activities of products and market services carried out temporarily and/or seasonally.
According to Article 3 of H.C.L.S.3 no. 313/2017:economic agents who carry out or are about to carry out commercial activities, service provision, and public food activities are obligated to submit the documentation for obtaining or extending the validity period of the operating agreement/authorization at least 30 calendar days before the starting date of the activity to be carried out or before the expiration date of the initially authorized validity.
The fee for issuing and releasing the endorsement/agreement/operating authorization, as well as the fee for its annual endorsement, are provided in the Decision of the General Council of Bucharest Municipality regarding the establishment of the levels of local fees and taxes in Bucharest Municipality. These will be paid at the cashier offices within Sector 3 City Hall, and proof of payment will be submitted together with the authorization documentation.
According to the provisions of Article 475 paragraphs (3), (4), and (5) of Law no. 227/2015 regarding the Fiscal Code of Romania, with subsequent amendments and completions, and the Decisions of the General Council of Bucharest Municipality regarding the establishment of levels of local fees and taxes in Bucharest Municipality, economic agents carrying out public food activities (CAEN code 5610, 5630) must pay the public food fee in full, in advance of the authorization being released, regardless of the remaining period until the end of the respective fiscal year, as follows:
- the fee of 3,000 lei for issuing/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area up to 500 m2;
- the fee of 4,000 lei for issuing/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
-
ID Card / Citizenship Card*
Descarcă
Scanned document
B.I/C.I administrator/person submitting the authorization documentation*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of registration*
Descarcă
Scanned document
Certificate of registration issued by the National Trade Register Office*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of attestation*
Descarcă
Scanned document
Certificate of status indicating the current state of the company – issued by the National Trade Register Office, valid at the date of submission of the application for issuance/extension of the operating permit*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The document of possession of the space*
Descarcă
Scanned document
The deed of possession of the space from which the total area of the sales structure results (rental contract with the market/bazaar)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Permits/agreements/authorizations*
Descarcă
Scanned document
Permits/agreements/authorizations issued by other authorities/public institutions depending on the specifics of the activity to be authorized, as well as the space where the commercial activity is to be carried out: a) sanitary operating authorization / Inspection note / Minutes of finding hygienic-sanitary conditions / Notification – as applicable; b) sanitary-veterinary registration document and for food safety – as applicable;*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Power of attorney (in case of absence of the shareholder /company administrator)*
Descarcă
Scanned document
Power of attorney (in case of absence of the company’s associate/administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for issuing/extending the operating agreement*
Descarcă
Scanned document
Proof of payment of the fee for issuance/extension of the operating agreement*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST FOR ISSUANCE/EXTENSION OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY AT STALL/SPACE IN MARKETS/BAZAARS FOR LLC*
Descarcă
Formular tipizat
REQUEST FOR ISSUING/EXTENDING THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY AT STALL/SPACE IN MARKETS/FAIRS FOR SC*
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 event of a dispute between the beneficiary and the competent authority, the provisions of common law shall apply.
*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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