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 merchants under 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 mobile location. The exercise of commercial activity in public areas is subject to the agreement of the local public administration authorities or of 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, in relation 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 Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of commercial activities of products and market services on the territory of Sector 3 of the Municipality of Bucharest.

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

According to art.2 letter a), the operating agreement is the individual administrative act, by which the conditions for carrying out the activities of commercialization of products and market services are established, exclusively for public food units; letter b) the operating authorization is the individual administrative act, by which the conditions for carrying out public food activities (restaurant CAEN code 5610, bar CAEN code 5630) are established, and according to letter c), the operating permit is the individual administrative act, by which the conditions for carrying out activities of commercialization of products and market 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 alimentation 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 to be carried out or before the expiry 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 for in the Decision of the General Council of Bucharest Municipality regarding the establishment of levels of local taxes and fees in on the territory of Bucharest. These are to be paid at the cash desks of Sector 3 City Hall, and proof of payment shall be submitted together with the authorization documentation.

According to 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 the Municipality of Bucharest regarding the establishment of levels of local taxes and fees in the Municipality of Bucharest, economic agents who carry out public alimentation activities (CAEN code 5610,5630) must pay the public alimentation tax in full, in advance of the issuance of the authorization, regardless of the habours of the remaining period until the end of the relevant fiscal year, as follows:

- the fee in the amount of 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public alimentation (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 alimentation (bar, restaurant), for an area greater than 500 m2.