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Request for the issuance of the operating license - 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 conditions of the law, and according to art.6 para.(1) and (2) of the same normative act: commerce in public areas is conducted in sales structures with a permanent or mobile location. Carrying out commercial activities 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, respecting their own regulations and urban planning schemes.
Considering the aforementioned legal provisions, in relation to the provisions of art.63 para.(5) letter g) of the Local Public Administration Law no. 215/2001, with its subsequent modifications and completions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of commercialization activities for products and market services on the territory of Sector 3 of the Municipality of Bucharest
The regulation establishes the procedure for obtaining the operation agreement/authorization/permit by natural and legal persons who carry out commercialization activities of products and market services in public areas or any other area intended for public use, in sales structures with a 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 operation agreement is the individual administrative act by which the conditions for carrying out commercialization of products and market services are established, excluding public food units; letter b) the operation authorization 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), the operation permit is the individual administrative act by which the conditions for carrying out commercialization of products and market services, conducted 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 about to carry out commercial, service provision and public food activities, are obliged to submit the documentation in order to obtain or extend the validity period of the agreement / operation authorization, at least 30 calendar days before the starting date of the activity they intend to carry out or before the expiration date of the initially authorized validity period.
The fee for issuance and release of the permit/agreement/operation authorization, as well as the fee for the annual endorsement of it, are provided in the Decision of the General Council of the Municipality of Bucharest regarding the establishment of local tax and fee levels in the Municipality of Bucharest. These shall be paid at the Sector 3 City Hall cashiers, and proof of payment shall be submitted together with the authorization file.
According to the provisions of art. 475 para. (3), (4), and (5) of Law no. 227/2015 regarding the Fiscal Code of Romania, with its subsequent modifications and completions, and the Decisions of the General Council of the Municipality of Bucharest regarding the establishment of local tax and fee levels in the Municipality of Bucharest, economic agents carrying 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 period remaining until the end of the respective fiscal year, as follows:
- a fee of 3,000 lei for issuance/annual endorsement of the Operation Authorization - public food (bar, restaurant), for an area up to 500 m2;
- a fee of 4,000 lei for issuance/annual endorsement of the Operation 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. of the administrator/person submitting the authorization documentation*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of Registration*
Descarcă
Scanned document
issued by the National Trade Register Office I.D./Identity Card associate*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Deed of possession of the space*
Descarcă
Scanned document
The ownership document 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 result. In the case of changing the destination of the space where the commercial activity will take place, either an Urbanism Certificate/Building Permit or an address from the Urbanism and Territorial Planning Directorate within Sector 3 City Hall must be presented, showing that the changes made do not require obtaining a building permit.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of findings*
Descarcă
Scanned document
Certificate of attestation showing the current status of the company – issued by the National Trade Register Office, valid on the date of submission of the application for issuing/extending the operating authorization*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Permits/agreements/authorizations*
Descarcă
Scanned document
Permits/approvals/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) environmental authorization or self-declaration that there are fewer than 100 (one hundred) seats (according to Order No.1798/2007, amended and supplemented by Order No.3839/2012); b) fire safety authorization/approval—as applicable; c) sanitary operating authorization / Notification / Inspection report of hygienic-sanitary conditions / Notification; d) sanitary-veterinary and food safety registration document*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Contract with a waste management service provider company*
Descarcă
Scanned document
Contract with a company providing sanitation services, authorized by the Bucharest City Hall, and the last payment receipt
Contract with a sanitation company and the last payment receipt*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment for the public catering fee*
Descarcă
Scanned document
Proof of payment of the public catering fee*
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
Power of attorney*
Descarcă
Scanned document
Power of attorney (in case of non-attendance of the associate/administrator of the company)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The written consent of the owners/of the persons occupying the properties based on a contract*
Descarcă
Scanned document
The written agreement of the owners/of the persons occupying the buildings based on a contract and who have previously obtained the owner’s consent, directly affected on a horizontal and vertical plan (in the case of condominiums), respectively the written agreement 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 building area of Sector 3 of Bucharest Municipality); The agreement will obligatorily contain: name/surname, series/number of the identity document, date they gave their consent and their signature, with the express specification of the operating schedule after 2200 hours – as applicable;*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration regarding the classification of the unit*
Descarcă
Formular tipizat
Statement regarding the classification of the unit – submitted separately with registration number (according to HG 843/1999);*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration on own responsibility*
Descarcă
Scanned document
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
Standard request*
Descarcă
Formular tipizat
Standard request*
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 apply.
*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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