Request for the issuance of the (temporary) operating permit regarding the sale of specific items for the winter/spring holidays*

Details

COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art. 5 para. (1) of Government Ordinance no. 99/2000 regarding the commercialization of products and market services, any commercial activity is carried out only by authorized merchants 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 fixed or mobile point of sale structures. 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 applicable, in accordance with their own regulations and urban planning schemes.

Considering the above-mentioned legal provisions, related to the provisions of art. 63 para. (5) letter g) of the Law on Local Public Administration 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 commercial activities for products and market services within Sector 3 of the Municipality of Bucharest.

The regulation establishes the procedure for obtaining the agreement/authorization/operating permit by natural and legal persons who conduct commercial activities for products and market services in public areas or in any other areas intended for public use, in fixed or mobile point of sale structures, permanent, temporary or, as the case may be, seasonal within Sector 3 of the Municipality of Bucharest.

According to art. 2 letter a), the operating agreement is the individual administrative act that establishes the conditions for carrying out product and market service commercialization activities, excluding public food units; letter b) the operating authorization is the individual administrative act that establishes the conditions for carrying out public food activities (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), the operating permit is the individual administrative act that establishes the conditions for carrying out product and market service commercialization activities 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, service provision or public food activities have the obligation to submit the documentation in view of obtaining or extending the validity period of the agreement/operating authorization, at least 30 calendar days before the start date of the activity to be carried out or before the expiry date of the initially authorized validity.

The fee for the issuance and release of the permit/agreement/operating authorization, as well as the annual endorsement fee, is provided in the Decision of the General Council of the Municipality of Bucharest regarding the establishment of local taxes and fees in the Municipality of Bucharest. These shall be paid at the cash desks of Sector 3 City Hall, and proof of payment shall 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, with subsequent amendments and completions, and the Decisions of the General Council of the Municipality of Bucharest establishing local taxes and fees in the Municipality of Bucharest, economic agents carrying out public food activities (CAEN code 5610, 5630) must pay the public food 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:

- a fee in the amount of 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area up to 500 m2;

- a fee in the amount of 4,000 lei for the issuance/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area greater than 500 m2.

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Entitled persons

Regulated professions

Required documents

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ID Card / Identity Card*

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