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Request for the issuance of the operating permit for seasonal terraces (NACE code 5630, 5610)*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of art.5 para.(1) of Government Ordinance no.99/2000 regarding the commercialization of goods and market services, any commercial activity is carried out only by authorized merchants under the law. According to art.6 para.(1) and (2) of the same normative act: trade in public areas is carried out in sales structures with a fixed or mobile headquarters. The activity of commercialization in public areas is subject to the approval of the authorities of the local public administrations or the sectors of Bucharest Municipality, as the case may be, with respect to their own regulations and urban planning.
Taking into account the aforementioned legal provisions, related to the provisions of art.63 para.(5) letter g) of the Local Public Administration Law no. 215/2001, with subsequent amendments and additions, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation regarding the conduct of activities of commercialization of goods and market services on the territory of Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the operating agreement/authorization/approval by individuals and legal entities who carry out activities of commercialization of goods and market services in public areas or any other area intended for public use, in sales structures with a fixed or mobile headquarters, 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 conditions are established for carrying out commercialization activities of goods and market services, excluding public food units; letter b) operating authorization is the individual administrative act by which conditions are established for carrying out public food activities (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), operating approval is the individual administrative act by which conditions are established for carrying out temporary and/or seasonal commercialization activities of goods and market services.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who conduct or intend to conduct commercial, service, and public food activities are required 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 expiry date of the initially authorized validity.
The fee for issuing and releasing the approval/agreement/operation authorization, 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 levels of local taxes and fees in Bucharest Municipality. These will be paid at the Sector 3 City Hall cash desks, and proof of payment shall be submitted 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, with subsequent amendments and additions and the Decisions of the General Council of Bucharest Municipality regarding the establishment of levels of local taxes and fees in Bucharest Municipality, economic agents carrying out public food activities (CAEN code 5610,5630), must pay the public food tax in full, in advance of authorization issuance, regardless of the period remaining until the end of the respective fiscal year, as follows:
- fee in the amount of 3,000 lei for issuance/annual endorsement of Operating Authorization - public food (bar, restaurant), for an area of up to 500 m2;
- fee in the amount of 4,000 lei for issuance/annual endorsement of 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
-
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
Operating license*
Descarcă
Scanned document
Operating authorization for the commercial space issued by the Authorization Service – General Directorate of Local Police Sector 3*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Urbanism Permit regarding the periodic occupation of public property*
Descarcă
Scanned document
Urbanism Notice regarding the periodic occupation of the public domain - Directorate of Urbanism and Territorial Planning within the Sector 3 City Hall – Calea Dudești no. 191, Sector 3*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Tax declaration regarding the occupation of public domain*
Descarcă
Scanned document
Declaration of taxation regarding the occupation of public domain on Str. Sfanta Vineri no. 32 – for legal entities / Str. Câmpia Libertăţii no. 36 – for individuals and proof of payment of the public domain occupation fee for the current month*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notices / agreements / authorizations*
Descarcă
Scanned document
Approvals/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: a) environmental authorization or a declaration on own responsibility that there are less than 100 (one hundred) seats (according to Order No.1798/2007, amended and supplemented by Order No.3839/2012);*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Contract with a sanitation service provider company, authorized by the Bucharest City Hall and the latest payment receipt*
Descarcă
Scanned document
Contract with a company providing sanitation services, authorized by the City Hall of Bucharest Municipality, and the latest payment receipt*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Proof of payment of the fee for issuing/extending the operating agreement*
Descarcă
Scanned document
Proof of payment of the fee for the issuance/renewal of the operating license*
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
The written agreement of the owners/of the persons occupying the buildings based on a contract*
Descarcă
Scanned document
The written consent 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 consent 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 attached to the building where the space is arranged, in the case of spaces located in the area of individual buildings in Sector 3 of Bucharest Municipality); The consent will obligatorily contain: name/surname, series/number of the identity document, the date they gave their consent, and their signature - as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Declaration regarding the classification of the unit – for public catering (according to Government Decision no. 843/1999)*
Descarcă
Formular tipizat
Declaration regarding the classification of the unit – for public catering (according to Government Decision no. 843/1999)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Statement on own responsibility that the terrace is located at a distance of at least 100 m from schools, kindergartens, high schools, places of worship*
Descarcă
Formular tipizat
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*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Statement on own responsibility regarding the observance of the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and additions*
Descarcă
Formular tipizat
Statement on own responsibility regarding compliance with the provisions of Law No. 50/1991, republished in 2004 with subsequent amendments and completions*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
REQUEST FOR ISSUANCE OF THE OPERATING PERMIT FOR SEASONAL TERRACES (NACE code 5630, 5610)*
Descarcă
Formular tipizat
REQUEST FOR ISSUANCE OF OPERATING AUTHORIZATION FOR SEASONAL TERRACES (NACE code 5630, 5610)*
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 common law provisions 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
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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.
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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