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Request for extension of the operating permit – public food service CAEN code 5610; 5630 (other than hotels)*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of art.5 para.(1) of OG no.99/2000 regarding the commercialization of market products and services, any commercial activity is carried out only by authorized merchants 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 sales structures. The exercise of commercial activity in public areas is subject to the approval of the local public administration authorities or the sectors of the Municipality of Bucharest, as applicable, in compliance with their own regulations and urban plans.
Considering the aforementioned legal provisions, in relation 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 approving the Regulations regarding the conduct of activities for commercialization of market products and services on the territory of Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the agreement/authorization/operation approval by individuals and legal entities who exercise activities for commercialization of market products and services in public areas or any area of another nature intended for public use, in fixed or mobile sales structures, permanently, temporarily, or, as applicable, seasonally on the territory of Sector 3 of the Municipality of Bucharest.
According to art.2 letter a), the operation agreement is the administrative act with individual character by which the conditions for conducting activities for commercialization of market products and services are established, exclusively public food units; letter b) the operation authorization is the administrative act with individual character by which the conditions for conducting public food activities (restaurant CAEN code 5610, bar CAEN code 5630) are established, and according to letter c), the operation approval is the administrative act with individual character by which the conditions for conducting activities for commercialization of market products and services, 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 activities, service provision, and public food activities, are required to submit documentation for obtaining or extending 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 expiration date of the initially authorized validity.
The fee for issuing and delivering the approval/agreement/operation authorization, as well as the fee for the annual endorsement thereof, are stipulated in the General Council of the Municipality of Bucharest Decision regarding the establishment of local tax and fee levels in the Municipality of Bucharest. These will be paid at the cash desks within Sector 3 City Hall, and proof of payment must 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 regarding the Romanian Fiscal Code, with subsequent amendments and completions, and 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 conduct 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:
- the fee of 3,000 lei for the issuance/annual endorsement of the Operation Authorization - public food (bar, restaurant), for an area up to 500 m2;
- the fee of 4,000 lei for the issuance/annual endorsement of the Operation 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/Citizen Card*
Descarcă
I.D./I.C. administrator/person submitting the authorization documentation*
The act of possession of the space*
Descarcă
The act of possession of the space and/or the additional act to the initial contract, as applicable*
Certificate of attestation*
Descarcă
Certificate confirming the current status of the company – issued by the National Trade Register Office, valid at the date of submission of the application for issuing/extending the operating authorization.*
The last invoice accompanied by the receipt for the payment of the sanitation fee*
Descarcă
The last invoice accompanied by the receipt of payment for the sanitation fee*
Notices / approvals / authorizations :*
Descarcă
Approvals/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 take place: a) environmental authorization or self-declaration that there are fewer than 100 (one hundred) seats (according to Order No.1798/2007, amended and supplemented by Order No.3839/2012) – as applicable / if expired; b) PSI authorization/approval - as applicable*
Proof of payment of the public food fee*
Descarcă
Proof of payment of the public alimentation fee*
Proof of payment of the fee for issuing the operating authorization.*
Descarcă
Proof of payment of the fee for issuing the operating permit.*
The written agreement of the owners/of the persons occupying the buildings on the basis of a contract*
Descarcă
The written agreement of the owners/of the persons occupying the buildings based on a contract and who have previously obtained the owner's agreement, 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 agreement, directly affected (left, right, back – buildings adjoining 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 agreement will mandatorily contain: name/surname, ID series/number, the date the agreement was given and their signature, with the explicit specification of the operating hours after 22:00 - as applicable*
Declaration regarding the classification of the unit*
Descarcă
Declaration regarding the classification of the unit – submitted separately with registration number (according to HG 843/1999)*
Declaration on own responsibility regarding compliance with the provisions of Law 50/1991*
Descarcă
Statement on own responsibility regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and additions*
The Operating Authorization issued by the Sector 3 Authorization Service – the latest authorization*
Descarcă
Operating Authorization issued by the Authorization Service Sector 3 – latest authorization*
Power of attorney*
Descarcă
Power of attorney (in case the partner/administrator of the company is not present)*
APPLICATION FOR EXTENSION OF OPERATING AUTHORIZATION - PUBLIC FOOD SERVICE (OTHER THAN HOTELS)*
Descarcă
REQUEST FOR EXTENSION OF OPERATING LICENSE - PUBLIC FOOD SERVICE (OTHER THAN HOTELS)*
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:
12 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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