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Request for extension 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 merchants under the law, and according to art.6 para.(1) and (2) of the same normative act: trade in public areas takes place in fixed or mobile sales structures. The exercise of the commercialization activity in public areas is subject to the approval of local public administration authorities or the sectors of the Municipality of Bucharest, as appropriate, with respect to their own regulations and urban planning schemes.
Considering the aforementioned legal provisions, as referenced in art.63 para.(5) letter g) of the Local Public Administration Law no. 215/2001, as amended and supplemented, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of activities for commercialization of products and market services within the territory of Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the agreement/authorization/operation permit by natural and legal persons who conduct activities for commercialization of products and market services in public areas or in any other areas intended for public use, in fixed or mobile sales structures, permanent, temporary, or, as the case may be, seasonal, within the territory of Sector 3 of the Municipality of Bucharest.
According to art.2 letter a), the operating agreement is the administrative act with individual character, through which the conditions for carrying out the activities for commercialization of products and market services are established, excluding public food units; letter b) the operating authorization is the administrative act with individual character, through 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 administrative act with individual character, through which the conditions for carrying out temporarily and/or seasonal commercialization activities for products and market services are established.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who carry out or intend to carry out commercial activities, provision of services and public food activities, are obligated to submit the documentation for obtaining or extending the validity term of the operating agreement/authorization, at least 30 calendar days before the date they are to start the activity or before the expiration date of the initially authorized validity.
The fee for issuing and granting the operation permit/agreement/authorization, as well as the fee for the annual endorsement, are provided in the Decision of the General Council of the Municipality of Bucharest regarding the establishment of the levels for local taxes and fees in the Municipality of Bucharest. These will be paid at the cashier offices within Sector 3 City Hall, and proof of payment shall 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 Fiscal Code of Romania, as amended and supplemented, and with the Decisions of the General Council of the Municipality of Bucharest concerning the establishment of the levels of local taxes and fees in the Municipality of Bucharest, economic agents carrying out public food activities (CAEN codes 5610, 5630) must pay the public food tax in full, in advance of the authorization issuance, 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
-
I.D. Card*
Descarcă
Scanned document
ID card/ID card of the administrator/person submitting the authorization documentation*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The document of possession of the space*
Descarcă
Scanned document
The deed of ownership of the space and/or the addendum to the initial contract, as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of ascertainment*
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 submission of the application for issuance/extension of the operating license.*
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 payment receipt for the sanitation fee*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notices / agreements / authorizations :*
Descarcă
Scanned document
Notices/agreements/authorizations issued by other authorities/public institutions depending on the specificity of the activity to be authorized, as well as the space where the commercial activity is to take place: a) environmental authorization or self-declaration 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 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 license.*
Descarcă
Scanned document
Proof of payment of the fee for the issuance of the operating license.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The written consent of the owners/of the persons occupying the buildings based on a contract*
Descarcă
Scanned document
The written agreement of the owners/of the persons occupying the properties 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 agreement of the owners/of the persons occupying the properties based on a contract and who have previously obtained the owner's consent, directly affected (left, right, back – properties attached to the building where the space is set up, in the case of spaces located in the individual building area of Sector 3 of Bucharest Municipality); The agreement shall obligatorily contain: name/first name, 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 10:00 p.m. – 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 also separately with registration number (according to GD 843/1999)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Affidavit regarding compliance with the provisions of Law 50/1991*
Descarcă
Formular tipizat
Declaration on Own Responsibility 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 the Authorization Service Sector 3 – latest permit*
Descarcă
Scanned document
Operating Permit issued by the Authorization Service Sector 3 – latest permit*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Power of attorney*
Descarcă
Scanned document
Power of attorney (in case of the absence of the company’s associate/administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST FOR EXTENSION OF OPERATING LICENSE - FOOD SERVICE (OTHER THAN HOTELS)*
Descarcă
Formular tipizat
REQUEST FOR EXTENSION OF OPERATING LICENSE - PUBLIC CATERING (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 event of a dispute between the beneficiary and the competent authority, the provisions of common law shall 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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