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Request for extension of operating permit – public catering CAEN code 5610; 5630 (other than hotels)*
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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 law, and according to art.6 para.(1) and (2) of the same normative act: trade in public areas is carried out in sales structures with a fixed or mobile location. The exercise of commercial activity 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 above-mentioned legal provisions, reported to the provisions of art.63 para.(5) letter g) of 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 Regulations regarding the conduct of activities for the commercialization of products and market services on the territory of Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the approval/authorization/operating permit by individuals and legal entities who carry out activities for the commercialization of products and market services in public areas or in any area of another nature intended for public use, in sales structures with a fixed or mobile headquarters, permanently, temporarily or, as the case may be, seasonally on the territory of Sector 3 of the Municipality of Bucharest.
According to art.2 letter a), operating agreement is the individual administrative act by which the conditions for carrying out activities for the commercialization of products and market services are established, exclusively for public food units; letter b) authorization of operation 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 permit is the individual administrative act by which the conditions for carrying out temporary and/or seasonal activities for the commercialization of products and market services are established.
According to art.3 from H.C.L.S.3 no. 313/2017: economic agents who carry out or are about to carry out commercial, service provision, and public food activities have the obligation to submit the documentation for obtaining or extending the validity period of the operating agreement/authorization, at least 30 calendar days before the start date of the activity they are about to carry out or before the expiry date of the initially authorized validity.
The fee for issuing and releasing the operating permit/agreement/authorization, as well as the fee for the annual endorsement thereof, are provided in the General Council Decision of the Municipality of Bucharest regarding the establishment of levels of taxes and local fees in the Municipality of Bucharest. These will be paid at the cashiers within Sector 3 City Hall, and the proof of payment will 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 completions, and the Decisions of the General Council of the Municipality of Bucharest regarding the establishment of the levels of taxes and local 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 issuing the authorization, regardless of the remaining period until the end of the respective fiscal year, as follows:
- a fee in the amount of 3,000 lei for issuing/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area up to 500 m2;
- a fee in the amount 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
-
B.I/C.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 space holding act*
Descarcă
Scanned document
The deed of ownership of the space and/or the additional act to the initial contract, as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of findings*
Descarcă
Scanned document
Certificate of ascertainment showing the current status of the company – issued by the National Trade Register Office, valid at the date the application for issuing/extending the operating authorization is submitted.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The last invoice accompanied by the receipt for the sanitation fee payment*
Descarcă
Scanned document
The last invoice accompanied by the receipt for payment of the sanitation fee*
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 in which the commercial activity is to be carried out: a) environmental authorization or statement 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) – as applicable / if expired; b) fire safety authorization/approval – as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the public catering fee*
Descarcă
Scanned document
Proof of payment for the public alimentation fee*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for issuing the operating authorization.*
Descarcă
Scanned document
Proof of payment of the fee for the issuance of the operating permit.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The written consent of the owners/of the persons who occupy the buildings on the basis of a contract*
Descarcă
Scanned document
The written consent 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 consent 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 attached to the building where the space is arranged, in the case of spaces located in the individual buildings area of Sector 3 of Bucharest Municipality); The consent will obligatorily include: the name/first name, the series/number of the identity document, the date on which they gave their consent and their signature, with the express specification of the operating hours after 22:00 – as applicable.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration regarding the classification of the unit*
Descarcă
Formular tipizat
Declaration regarding the classification of the unit – submitted separately with registration number (according to Government Decision 843/1999)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Self-declaration regarding compliance with the provisions of Law 50/1991*
Descarcă
Formular tipizat
Affidavit regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and completions*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Operating Permit issued by Sector 3 Authorization Service – last permit*
Descarcă
Scanned document
Operating Authorization issued by the Authorization Service Sector 3 – latest authorization*
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 company's associate / administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST FOR EXTENSION OF OPERATING AUTHORIZATION - PUBLIC CATERING (OTHER THAN HOTELS)*
Descarcă
Formular tipizat
REQUEST FOR EXTENSION OF OPERATING LICENSE - PUBLIC FOOD SERVICE (OTHER THAN HOTELS)*
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:
12 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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