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Request for issuance of the operating agreement 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 paragraph (1) of Government Ordinance no. 99/2000 regarding the commercialization of market products and services, any commercial activity is carried out only by authorized traders under the law, and according to art.6 paragraphs (1) and (2) of the same normative act: commerce in public areas is carried out in fixed or mobile sales structures. The exercise of commercialization activities in public areas is subject to the agreement of local public administration authorities or the sectors of Bucharest Municipality, as the case may be, in compliance with their own regulations and urban planning.
Considering the above-mentioned legal provisions, reported to the provisions of art.63 paragraph (5) letter g) of the Local Public Administration Law 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 product and market service commercialization activities on the territory of Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the agreement/authorization/operating permit for natural and legal persons who carry out activities of commercialization of market products and services in public areas or in any other area intended for public use, in fixed or mobile sales structures, permanent, temporary or, as the case may be, 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 commercialization activities of market products and services are established, exclusively public food service units; letter b) operating authorization is the individual administrative act by which the conditions for conducting public food service activities are established (restaurant CAEN code 5610, bar CAEN code 5630), and according to letter c), the operating permit is the individual administrative act by which the conditions for conducting commercialization activities of market products and 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 intend to carry out commercial, service provision or public food service activities are required to submit the documentation for obtaining or extending the validity 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 operating permit/agreement/authorization, as well as the fee for its annual endorsement are provided in the General Council Decision of Bucharest Municipality regarding the establishment of tax and local fee levels in Bucharest Municipality. These will be paid at the Sector 3 Town Hall cashiers, and proof of payment will be submitted together with the authorization documentation.
In accordance with the provisions of art. 475 paragraphs (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 Bucharest Municipality regarding the establishment of tax and local fee levels in Bucharest Municipality, economic agents that carry out public food service activities (CAEN code 5610, 5630) must pay the public food service fee in full, in advance of the authorization being issued, regardless of the time remaining until the end of the respective fiscal year, as follows:
- fee in the amount of 3,000 lei for issuing/annual endorsement of the Public Food Service Operating Authorization (bar, restaurant), for an area up to 500 m 2;
- fee in the amount of 4,000 lei for issuing/annual endorsement of the Public Food Service Operating Authorization (bar, restaurant), for an area greater than 500 m 2.
*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 who submits 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 B.I/C.I associated*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The document of possession of the space*
Descarcă
Scanned document
The proof of ownership of the space (sale-purchase, lease/sublease contract with the owner's consent, commodatum, etc.) showing the total area of the sales structure. In the case of a change in the intended use of the space where the commercial activity will take place, either a Certificate of Urban Planning/Building Permit or a letter from the Directorate of Urban Planning and Territorial Development within the City Hall of Sector 3 must be presented, stating that the changes made do not require obtaining a building permit.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Certificate of attestation*
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 authorization*
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 where the commercial activity will be carried out, as applicable: a) environmental authorization (according to Order No. 1798/2007, respectively Order No. 3839/2012); b) PSI authorization/approval – as applicable; c) sanitary operating authorization / Observation note / Report of findings regarding 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 company providing sanitation services*
Descarcă
Scanned document
Contract with a company providing sanitation services, authorized by the City Hall of Bucharest, 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 of the fee for the issuance/release of the operating permit*
Descarcă
Scanned document
Proof of payment of the fee for issuing/releasing 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 company associate/administrator)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
The written agreement 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 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 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 buildings area of Sector 3 of the Municipality of Bucharest); The agreement will obligatorily contain: the name/surname, series/number of the identity document, the date on which the consent was given and their signature, with explicit mention of the operating hours after 10:00 p.m. – if applicable;*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Statement on own responsibility*
Descarcă
Scanned document
regarding the 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
REQUEST FOR ISSUANCE OF THE OPERATING PERMIT FOR COMMERCIAL ACTIVITY TRADE OF FOOD/NON-FOOD PRODUCTS/MARKET SERVICES*
Descarcă
Formular tipizat
REQUEST FOR ISSUANCE OF OPERATING PERMIT FOR COMMERCIAL ACTIVITY TRADE FOOD/NON-FOOD PRODUCTS/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
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:
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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