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Request for the issuance of the operating permit for seasonal terraces (CAEN code 5630,5610)*

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COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art.5 para.(1) from GO no.99/2000 regarding the marketing 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) from the same regulatory act: commerce in public areas is carried out in fixed-location or ambulant sales structures. The exercise of commercial activity in public areas is subject to the agreement of the local public administration authorities or of the sectors of Municipality Bucharest, as the case may be, with respect to their own regulations and urban planning.

Taking into account the aforementioned legal provisions, related to the provisions of art.63 para.(5) letter g) from the Local Public Administration Law no. 215/2001, with subsequent amendments and completions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of marketing activities for products and market services on the territory of Sector 3 of Municipality Bucharest.

The regulation establishes the procedure for obtaining the agreement/authorization/operating notice by natural and legal persons who carry out marketing activities of products and market services in public areas or in any other area intended for public use, in fixed or ambulant sales structures, permanent, temporary or, as the case may be, seasonal on the territory of Sector 3 of Municipality Bucharest.

According to art.2 letter a), the operating agreement is the individual administrative act, establishing the conditions for conducting marketing activities of products and market services, excluding public food units; letter b) the operating authorization is the individual administrative act, establishing the conditions for conducting public food activities (restaurant NACE code 5610, bar NACE code 5630), and according to letter c), the operating notice is the individual administrative act, establishing the conditions for conducting the marketing activities of products and market services carried out temporarily and/or seasonally.

According to art.3 from H.C.L.S.3 no. 313/2017: economic agents who conduct or intend to conduct commercial, service providing, and public food activities have the obligation to submit documentation for obtaining or extending the validity of the operating agreement/authorization, at least 30 calendar days before the start date of the activity to be undertaken or before the expiry date of the initially authorized validity.

The fee for issuing and releasing the operating notice/agreement/authorization, as well as the annual endorsement fee, is provided in the General Council Decision of Municipality Bucharest regarding the establishment of the levels of local taxes and fees in Municipality Bucharest. These will be paid at the cashier offices within the City Hall of Sector 3, and proof of payment will be submitted together with the authorization documentation.

In accordance with the provisions of art. 475 para. (3), (4), and (5) of Law no. 227/2015 regarding the Romanian Fiscal Code, with subsequent amendments and completions, and the Decisions of the General Council of Municipality Bucharest regarding the establishment of the levels for local taxes and fees in Municipality Bucharest, economic agents conducting public food activities (NACE 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:

- the fee in the amount of 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public food (bar, restaurant) for an area up to 500 m2;
- the 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/B.I*
Descarcă
Scanned document
B.I/C.I administrator/person submitting the authorization documentation*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The operating authorization*
Descarcă
Scanned document
The operating authorization 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 occupation of public domain*
Descarcă
Scanned document
Urbanism Notice regarding the periodic occupation of public domain - Urbanism and Territorial Planning Directorate 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 taxation regarding the occupation of public domain*
Descarcă
Scanned document
Declaration of imposition regarding the occupation of public domain from Sfanta Vineri Street no. 32 – for legal entities / Câmpia Libertăţii Street no. 36 – for individuals and proof of payment of the public domain occupation fee for the current month*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notices / agreements / authorizations*
Descarcă
Scanned document
Approvals/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 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
Contract with a waste management service provider company, authorized by the Bucharest City Hall and the latest payment receipt*
Descarcă
Scanned document
Contract with a sanitation service provider company, authorized by the Municipality of Bucharest and the latest payment receipt*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for the issuance/extension of the operating permit*
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
Power of attorney*
Descarcă
Scanned document
Power of attorney (in case of absence 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 premises under a contract*
Descarcă
Scanned document
The written consent of the owners/of the persons who occupy 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 consent of the owners/of the persons who occupy the buildings based on a contract and who have previously obtained the owner's consent, directly affected (left, right, back – buildings attached to the building where the space is arranged, in the case of spaces located in the area of individual buildings in Sector 3 of the Municipality of Bucharest); The consent must obligatorily contain: name/surname, series/number of the identity document, the date 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 food service (according to HG no. 843/1999)*
Descarcă
Formular tipizat
Declaration regarding the classification of the unit – for public catering (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 distance of at least 100 m from schools, kindergartens, high schools, places of worship*
Descarcă
Formular tipizat
Declaration on own responsibility that the terrace is located at a minimum distance of 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
Declaration 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
REQUEST FOR ISSUANCE OF OPERATING PERMIT FOR SEASONAL TERRACES (CAEN code 5630, 5610)*
Descarcă
Formular tipizat
REQUEST FOR THE ISSUANCE OF THE OPERATING PERMIT FOR SEASONAL TERRACES (NACE code 5630, 5610)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Issued documents

Denumire

Tip document

Descarcă


-
OPERATING NOTICE FOR SEASONAL TERRACES (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
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
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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
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Competent entities

Serviciul Autorizare Comerciala Politia Locala Sector 3

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