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Request for issuance of operating agreement for commercial activity - car washes/tire repair/auto service/trade with auto parts*
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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 marketplace services, any commercial activity is carried out only by authorized merchants under the conditions of the law, and according to art.6 para.(1) and (2) of the same normative act: commerce in public areas is carried out in sales structures with a fixed or ambulant headquarters. The exercise of commercial activity in public areas is subject to the approval of the local public administration authorities or of the sectors of Bucharest Municipality, as applicable, with respect to their own regulations and urban planning.
Considering the aforementioned legal provisions, correlated 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 concerning the conduct of activities of commercialization of products and marketplace services on the territory of Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the operating agreement/authorization/permit by natural and legal persons, who carry out activities of commercialization of products and marketplace services in public areas or any other area of a public nature, in sales structures with a fixed or ambulant headquarters, permanent, temporary, or, as applicable, seasonal on the territory of Sector 3 of Bucharest Municipality.
According to art.2 letter a), operating agreement is the individual administrative act by which the conditions for conducting activities of commercialization of products and marketplace services are established, exclusively for public food units; letter b) operating authorization is the individual administrative act by which the conditions for conducting public food activities (restaurant CAEN code 5610, bar CAEN code 5630) are established, and according to letter c), operating permit is the individual administrative act by which the conditions for conducting activities of commercialization of products and marketplace services, carried out 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 have the obligation to submit documentation for obtaining or extending the validity period of the operating agreement/authorization at least 30 calendar days before the date of commencement of the activity they are to carry out or before the expiration date of the initially authorized validity.
The fee for issuing and releasing the permit/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 levels of local taxes and fees in Bucharest Municipality. These are to be paid at the cash desks within Sector 3 City Hall, 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 additions and the Decisions of the General Council of Bucharest Municipality regarding the establishment of levels of local taxes and fees in Bucharest Municipality, economic agents who carry out public food activities (CAEN code 5610,5630), must pay the public food tax in full, in advance of the authorization release, 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 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
-
. 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
Certificate of registration*
Descarcă
Scanned document
released by the National Office of the Trade Register*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The ownership document of the space*
Descarcă
Scanned document
The act of possession of the space (sale – purchase, lease/sublease contract with the owner's consent, loan for use, etc.) from which the total area of the sales structure should be evident. In the case of changing the destination of the space where the commercial activity will be carried out, either a Certificate of Urbanism/Building Permit or a letter from the Urbanism and Territorial Planning Directorate within the Sector 3 City Hall stating that the modifications made do not require obtaining a building permit must be presented.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of acknowledgment*
Descarcă
Scanned document
Certificate of attestation showing the current status of the company – issued by the National Trade Register Office, valid at the date of submitting the application for issuing/extending the operating authorization*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Contract with a sanitation services providing company*
Descarcă
Scanned document
Contract with a sanitation service provider company, authorized by the Bucharest City Hall and the latest payment receipt
Contract with a sanitation company and the latest payment receipt*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Technical authorization issued by the Romanian Auto Registry – if applicable*
Descarcă
Scanned document
Technical authorization issued by the Romanian Auto Registry – as applicable*
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 will take place, as applicable: a) environmental authorization (cf. Order No. 1798/2007, respectively Order No. 3839/2012); b) fire safety authorization/approval/statement with auto number for parking and/or maintenance and auto repair - as applicable; c) sanitary operating authorization / Inspection note / Inspection report of hygienic-sanitary conditions / Notification – as applicable; d) sanitary-veterinary registration document and for food safety*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notice from the General Directorate of Police of the Municipality of Bucharest*
Descarcă
Scanned document
Notice from the General Police Directorate of the Municipality of Bucharest – Motor Vehicle Theft Service (according to Government Ordinance no.36/2005) or a declaration on own responsibility that second-hand auto parts are not being sold, as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for the issuance of 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
Declaration on own responsibility regarding compliance with the provisions of Law 50/1991, republished in 2004 – updated*
Descarcă
Formular tipizat
Affidavit regarding compliance with the provisions of Law 50/1991, republished in 2004 – updated*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Statement on own responsibility that the public domain is not being occupied*
Descarcă
Scanned document
Declaration on own responsibility that the public domain is not occupied*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Power of attorney (in case of nonappearance of the company’s associate / administrator)*
Descarcă
Scanned document
Power of attorney (in case of the absence of the associate / company administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST TO ISSUE OPERATING PERMIT FOR COMMERCIAL ACTIVITY - CAR WASHES/TIRE REPAIR SHOPS/AUTO SERVICE/AUTO PARTS TRADE*
Descarcă
Formular tipizat
REQUEST FOR ISSUANCE OF OPERATING PERMIT FOR COMMERCIAL ACTIVITY - CAR WASHES/TIRE SHOPS/AUTO SERVICE/AUTO PARTS TRADE*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Own responsibility declaration*
Descarcă
Formular tipizat
Declaration of own responsibility*
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 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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