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Request for issuance of operating agreement for commercial activity - car washes/tire services/auto repair shops/trade with auto parts*
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COMMERCIAL AUTHORIZATION PROCEDURE
According to the provisions of art.5 para.(1) of OG 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: trade in public areas is carried out in selling structures with a fixed or mobile headquarters. The exercise of commercial activities in public areas is subject to the approval of the local public administration authorities or the sectors of the Municipality of Bucharest, as the case may be, in accordance with their own regulations and urban planning schemes.
Given the aforementioned legal provisions, referring to the provisions of art.63 para.(5) lit.g) of the Local Public Administration Law no. 215/2001, as amended and supplemented, the Local Council of Sector 3 adopted Decision no. 313/2017 for the approval of the Regulation on the conduct of product and market service commercialization activities in Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the operating consent/authorization/approval by natural and legal persons who carry out commercialization activities of products and market services in public areas or any other area intended for public use, in selling structures with a fixed or mobile headquarters, permanently, temporarily or, as the case may be, seasonally in Sector 3 of Bucharest Municipality.
According to art.2 lit a), operating consent is the individual administrative act by which the conditions for carrying out commercialization activities of products and market services are established, exclusively for public food units; lit.b) operating authorization is the individual administrative act by which the conditions for carrying out public food activities (restaurant CAEN code 5610, bar CAEN code 5630) are established, and according to lit.c), operating approval is the individual administrative act by which the conditions for carrying out commercialization activities of products and market services are established, carried out temporarily and/or seasonally.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who carry out or are to carry out commercial activities, service provision and public food activities, have the obligation to submit documentation for obtaining or extending the validity period of the operating consent/authorization, at least 30 calendar days before the start date of the activity to be carried out or before the expiry date of the validity initially authorized.
The fee for issuing and releasing the approval/consent/operating authorization, as well as the fee for its annual endorsement are provided for in the Decision of the General Council of Bucharest Municipality regarding the establishment of levels of local taxes and fees in Bucharest Municipality. These are to 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 para. (3), (4) and (5) of Law no. 227/2015 regarding the Fiscal Code of Romania, as amended and supplemented, 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 who carry out public food activities (CAEN code 5610,5630), must pay the public food tax in full, in advance of issuing the authorization, regardless of the period remaining until the end of the respective fiscal year, as follows:
- a fee of 3,000 lei for issuing/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area of up to 500 m2;
- a fee of 4,000 lei for issuing/annual endorsement of the 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
-
. B.I/C.I*
Descarcă
B.I/C.I administrator/person who submits the authorization documentation*
Registration certificate*
Descarcă
issued by the National Trade Register Office*
The document of space ownership*
Descarcă
The ownership document of the space (sale-purchase, lease/sublease contract with the owner's consent, loan for use, etc.) showing the total area of the sales structure. In the case of changing the purpose of the space where the commercial activity will take place, either a Zoning Certificate/Building Permit or a letter from the Department of Urban Planning and Territorial Development within the City Hall of Sector 3 must be presented, stating that the modifications made do not require obtaining a building permit.*
Certificate of attestation*
Descarcă
Certificate of findings showing the current status of the company – issued by the National Office of the Trade Register, valid at the date of submission of the application for issuing/extending the operating authorization*
Contract with a company providing sanitation services*
Descarcă
Contract with a sanitation service provider company, authorized by the Bucharest City Hall and the latest payment receipt Contract with a sanitation company and the latest payment receipt*
Technical authorization issued by the Romanian Auto Registry – as applicable*
Descarcă
Technical authorization issued by the Romanian Auto Registry – where applicable*
Notices/ approvals/ 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 space where the commercial activity will take place, as applicable: a) environmental authorization (according to Order No. 1798/2007, respectively Order No. 3839/2012); b) PSI authorization/approval/statement with auto. number intended for parking and/or maintenance and repair of vehicles - as applicable; c) sanitary operating authorization / Finding note / Report of finding sanitary-hygienic conditions / Notification – as applicable; d) document of sanitary-veterinary registration and for food safety*
Notice from the General Directorate of Police of the Municipality of Bucharest*
Descarcă
Notice from the General Directorate of Police of Bucharest Municipality – Vehicle Theft Service (according to Government Ordinance no.36/2005) or a declaration on own responsibility that no second-hand auto parts are being traded, as applicable*
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, republished in 2004 – updated*
Descarcă
Affidavit regarding compliance with the provisions of Law 50/1991, republished in 2004 – updated*
Declaration on own responsibility that the public domain is not being occupied*
Descarcă
Declaration on own responsibility that the public domain is not occupied*
Power of Attorney (in case of the absence of the company’s associate/administrator)*
Descarcă
Power of attorney (in case of absence of the associate / company administrator)*
APPLICATION FOR ISSUANCE OF OPERATING PERMIT FOR COMMERCIAL ACTIVITY - CAR WASHES/TIRE SHOPS/AUTO SERVICE/AUTO PARTS TRADE*
Descarcă
REQUEST FOR ISSUANCE OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY – CAR WASHES/TIRE SHOPS/AUTO SERVICES/AUTO PARTS TRADE*
Own responsibility declaration*
Descarcă
Declaration of own responsibility*
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:
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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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