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Request for issuance/extension of operating agreement for commercial activity (Markets/Bazaars)*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of art.5 para.(1) of Government Ordinance no.99/2000 regarding the marketing 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 takes place 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 the case may be, in compliance with their own regulations and urban planning plans.
Considering the aforementioned legal provisions, reported 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 of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of activities for the marketing of products and market services within Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the agreement/authorization/operating approval by natural and legal persons who carry out marketing activities of products and market services in public areas or in any other area intended for public use, in sales structures with fixed or mobile headquarters, permanent, temporary or, as appropriate, seasonal within the territory of 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 market products and services activities are established, exclusively for public catering units; letter b) operating authorization is the individual administrative act by which the conditions for carrying out public catering activities are established (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), operating approval is the individual administrative act by which the conditions for carrying out market products and services activities, carried out temporarily and/or seasonally, are established.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who conduct or intend to conduct commercial, service provision, and public catering activities are obliged to submit documentation for obtaining or extending the validity period of the operating agreement/authorization, at least 30 calendar days before the date of commencement of the activity to be carried out or before the expiration date of the initially authorized validity.
The fee for issuing and releasing the approval/agreement/authorization of operation, as well as the fee for its annual endorsement, are provided in the Decision of the General Council of Bucharest Municipality regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest. These will be paid at the cash desks within Sector 3 City Hall, and proof of payment will be submitted along with the authorization documentation.
In accordance with 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 Bucharest Municipality regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest, economic agents who carry out public catering activities (CAEN code 5610,5630) must pay the public catering tax in full, in advance of issuing the authorization, regardless of the period 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 Operating Authorization - public catering (bar, restaurant), for an area of up to 500 m2;
- fee in the amount of 4,000 lei for issuing/annual endorsement of the Operating Authorization - public catering (bar, restaurant), for an area greater than 500 m2.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
ID/Bulletin*
Descarcă
ID card of the administrator/person submitting the authorization documentation*
Registration certificate*
Descarcă
Certificate of registration issued by the National Trade Register Office*
Certificate of attestation*
Descarcă
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 permit*
The ownership certificate of the space*
Descarcă
The act of possession of the space (sale – purchase, concession, rental contract with the owner's consent, loan for use, etc.) from which the total area of the sales structure can be determined. In the situation of changing the purpose of the space where the commercial activity will take place, either an Urbanism Certificate/Building Permit or a letter from the Department of Urbanism and Territorial Planning within the City Hall of Sector 3 must be presented, stating that the changes made do not require obtaining a building permit.*
Building permit and acceptance report upon completion of works, as applicable*
Descarcă
Building permit and acceptance report upon completion of works, as applicable*
The market operating regulations, with the approval of the Local Council of Sector 3 (according to Government Decision no. 348/2004 – with the amendments in force)*
Descarcă
The market operating regulations, with the approval of the Local Council Sector 3 (according to Government Decision no. 348/2004 – with the amendments in force)*
Notices/agreements/authorizations*
Descarcă
Permits/agreements/authorizations issued by other authorities/public institutions depending on the specifics of the activity to be authorized, as well as the premises where the commercial activity is to 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 / Inspection note / Minutes of verification of hygienic-sanitary conditions / Notification; d) sanitary-veterinary and food safety registration document*
Contract with a company providing sanitation services, authorized by the Bucharest City Hall, and the latest payment receipt*
Descarcă
Contract with a company providing sanitation services, authorized by the Bucharest City Hall and the latest payment receipt*
Proof of payment of the fee for issuing the operating permit*
Descarcă
Proof of payment of the fee for issuing the operating permit*
Declaration on own responsibility regarding compliance with the provisions of Law 50/1991*
Descarcă
Self-declaration regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and additions*
Power of attorney (in case of non-attendance of the associate/administrator of the company)*
Descarcă
Power of attorney (in case of non-attendance of the partner/ company administrator)*
APPLICATION FOR ISSUANCE/EXTENSION OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY (MARKETS / BAZAARS)*
Descarcă
APPLICATION FOR ISSUANCE/EXTENSION OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY (MARKETS / BAZAARS)*
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:
13 April 2022
Publicat de către:
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a particular point or idea. Paragraphs are usually an expected part of
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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.
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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