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Request for extension of the operating permit for commercial activity, trade in food/non-food products/market services*

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COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art.5 para.(1) of OG no.99/2000 regarding the marketing 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 legal act: trade in public areas is carried out in sales structures with fixed or mobile headquarters. The exercise of marketing activities in public areas is subject to the agreement of the local public administration authorities or the sectors of the Municipality of Bucharest, as applicable, with respect to their own regulations and urban plans.

Considering the above-mentioned legal provisions, under the provisions of art.63 para.(5) letter g) of the Law of Local Public Administration no. 215/2001, with subsequent amendments and completions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of activities of marketing products and market services in Sector 3 of the Municipality of Bucharest.

The regulation establishes the procedure for obtaining the agreement/authorization/operating permit for individuals and legal entities who carry out marketing activities of products and market services in public areas or any other area intended for public use, in sales structures with fixed or mobile headquarters, permanent, temporary, or, as applicable, seasonal within 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 marketing activities of products and market services are established, exclusively for public food units; letter b) operating 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), operating permit is the individual administrative act by which the conditions for carrying out marketing activities of products and market services, carried out temporarily and/or seasonally, are established.

According to art.3 of Decision L.C.S.3 no. 313/2017: economic agents who carry out or are to carry out commercial activities, service provision, and public food activities are required to submit documentation for obtaining or extending the validity period of the agreement/operating authorization, at least 30 calendar days before the start date of the activity to be conducted or before the expiration of the initially authorized validity period.

The fee for the issuance and release of the permit/agreement/operating authorization, as well as the fee for its annual endorsement 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 cash desks within 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 on 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 local tax and fee levels in the Municipality of Bucharest, economic agents who carry out public food activities (CAEN codes 5610, 5630), must pay the public food tax in full, in advance of the issuance of the authorization, regardless of the period remaining until the end of the respective fiscal year, as follows:

- a fee of 3,000 lei for the issuance/annual endorsement of the Public Food Operating Authorization (bar, restaurant), for an area of up to 500 m²;
- a fee of 4,000 lei for the issuance/annual endorsement of the Public Food Operating Authorization (bar, restaurant), for an area greater than 500 m².
*
Entitled persons
Regulated professions
Required documents

Denumire

Descriere

Obligatoriu

Semnătură digitală

Tip document

Descarcă


-
ID card*
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 findings*
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 act of ownership of the space and/or the additional act to the initial contract, as applicable*
Descarcă
Scanned document
The document of possession of the space and/or the addendum to the initial contract, as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The last invoice accompanied by the receipt for the payment of the sanitation tax*
Descarcă
Scanned document
The last invoice accompanied by the receipt for the sanitation fee payment*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Approvals / agreements / authorizations*
Descarcă
Scanned document
Notices / agreements / 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 take place: a) environmental authorization (according to Order No. 1798/2007, respectively 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 fee for the extension of the operating permit*
Descarcă
Scanned document
Proof of payment of the fee for extending the operating agreement.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Operating Agreement*
Descarcă
Scanned document
The Operating Permit issued by the General Directorate of Local Police Sector 3*
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 who occupy 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 agreement of the owners/of the persons who occupy the buildings based on a contract and who have previously obtained the owner's consent, directly affected (left, right, back – buildings adjoining the building where the space is fitted, in the case of spaces located in areas of individual buildings of Sector 3 of the Municipality of Bucharest). The agreement will obligatorily contain: name/surname, 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.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration on Own Responsibility*
Descarcă
Formular tipizat
Statement on own responsibility regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and additions*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Power of attorney (in case of absence of the company’s associate/administrator)*
Descarcă
Scanned document
Empowerment (in case of non-attendance by the associate / company administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST FOR EXTENSION OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY SALE OF FOOD PRODUCTS/ NON-FOOD PRODUCTS/ MARKET SERVICES*
Descarcă
Formular tipizat
REQUEST FOR EXTENSION OF THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY TRADE IN FOOD/ NON-FOOD PRODUCTS/ MARKET SERVICES*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Issued documents

Denumire

Tip document

Descarcă


-
EXTENSION OF THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY TRADE FOOD PRODUCTS /NON-FOOD/ MARKET SERVICES*
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
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
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