Request for the issuance of the operating permit for seasonal terraces (NACE code 5630, 5610)*

Details

COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art.5 para.(1) of Government Ordinance no.99/2000 on the marketing of products and market services, any commercial exercise is conducted only by authorized traders under the law, and according to art.6 para.(1) and (2) of the same normative act: commerce in public areas is carried out in fixed or mobile points of sale. The exercise of commercial activities in public areas is subject to the approval of local public administration authorities or, as the case may be, those of the sectors of the Municipality of Bucharest, in compliance with 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 Law on Local Public Administration no. 215/2001, as subsequently amended and supplemented, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of marketing activities of products and market services within Sector 3 of the Municipality of Bucharest.

The regulation establishes the procedure for obtaining the operation agreement/authorization/permit by individuals and legal entities, which carry out commercial activities of products and market 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 within Sector 3 of the Municipality of Bucharest.

According to art.2 letter a), operation agreement is the individual administrative act by which the conditions for conducting commercial activities of products and market services are established, except public catering units; letter b) operating authorization is the individual administrative act by which the conditions for conducting public catering activities (restaurant CAEN code 5610, bar CAEN code 5630) are established, and according to letter c), the operating permit is the individual administrative act by which the conditions for carrying out commercial activities 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 performing or about to perform commercial, service providing, and public catering activities are required to submit the documentation in order to obtain or extend the validity period of the operation agreement/authorization, at least 30 calendar days before the start date of the activity to be carried out or before the date of expiry of the initially authorized validity.

The fee for issuing and releasing the permit/agreement/operating authorization, as well as the annual visa fee, are stipulated in the Decision of the General Council of the Municipality of Bucharest regarding the determination of the levels of local taxes and fees in the Municipality of Bucharest. These are to be paid at the Sector 3 City Hall cash desks, and proof of payment must be submitted together with the authorization documentation.

In accordance with the provisions of art. 475 para. (3), (4) and (5) of the Law no. 227/2015 regarding the Fiscal Code of Romania, as subsequently amended and supplemented, and the Decisions of the General Council of the Municipality of Bucharest regarding the determination of the levels of local taxes and fees in the Municipality of Bucharest, economic agents carrying out public catering activities (CAEN code 5610,5630) must pay the public catering 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:

- the fee in the amount of 3,000 lei for issuing/annual visa of the operating authorization - public catering (bar, restaurant), for an area up to 500 m²;

- the fee in the amount of 4,000 lei for issuing/annual visa of the operating authorization - public catering (bar, restaurant), for an area larger than 500 m².

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Entitled persons

Regulated professions

Required documents

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Descriere

Obligatoriu

Semnătură digitală

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I.D/B.I*

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Scanned document

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ID card/passport of administrator/person submitting the authorization documentation*

Operating authorization*

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The operating authorization for the commercial space issued by the Authorization Service – General Directorate of Local Police Sector 3*

Urbanism Notice regarding the periodic occupation of the public domain*

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Urbanism Notice regarding the periodic occupation of public domain - Urbanism and Territorial Planning Directorate within the City Hall of Sector 3 – Calea Dudești no. 191, Sector 3*

Statement of assessment regarding the occupation of public domain*

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Declaration of assessment regarding the occupation of the public domain on Str. Sfanta Vineri no. 32 – for legal entities / Str. Câmpia Libertăţii no. 36 - for natural persons and proof of payment of the public domain occupation fee for the current month*

Certificates / agreements / authorizations*

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Notices/agreements/authorizations issued by other authorities/public institutions depending on the specifics of the activity to be authorized, as well as the space in which the commercial activity is to be carried out: a) environmental authorization or a statement on one's own responsibility that there are fewer than 100 (one hundred) seats (according to Order No.1798/2007, amended and completed by Order No.3839/2012);*

Contract with a service provider for sanitation services, authorized by the Bucharest City Hall and the latest payment receipt*

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Contract with a company providing sanitation services, authorized by the City Hall of Bucharest and the latest payment receipt*

Proof of payment of the fee for issuing/extending the operating permit*

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Proof of payment of the fee for issuing/extending the operating agreement*

Power of attorney*

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Power of attorney (in case of non-attendance of the associate / company administrator)*

The written agreement of the owners/of the persons who occupy the buildings based on a contract*

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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 building area of Sector 3 of the Municipality of Bucharest); The agreement will obligatorily include: name/surname, ID series/number, the date they gave their consent, and their signature - as applicable*

Declaration regarding the classification of the unit – for public catering (according to Government Decision no. 843/1999)*

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Formular tipizat

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Declaration regarding the classification of the unit – for public catering (according to Government Decision no. 843/1999)*

Declaration on own responsibility that the terrace is located at a minimum distance of 100 m from schools, kindergartens, high schools, places of worship*

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Formular tipizat

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Declaration on own responsibility that the terrace is located at a distance of at least 100 m from schools, kindergartens, high schools, places of worship*

Declaration on own responsibility regarding compliance with the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and additions*

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Formular tipizat

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Declaration on own responsibility regarding compliance with the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and additions*

REQUEST FOR ISSUING THE OPERATING APPROVAL FOR SEASONAL TERRACES (CAEN code 5630, 5610)*

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Formular tipizat

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REQUEST FOR THE ISSUANCE OF THE OPERATING PERMIT FOR SEASONAL TERRACES (CAEN code 5630, 5610)*

Issued documents

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OPERATING NOTICE FOR SEASONAL TERRACES (CAEN code 5630, 5610)*

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