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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 products and market services, any commercial activity shall be carried out only by merchants authorized under the law, and according to art.6 para.(1) and (2) of the same regulation: trade in public areas is conducted in sales structures with a fixed or mobile location. The exercise of commercial activities in public areas is subject to the consent of the local public administration authorities or of the sectors of the Municipality of Bucharest, as applicable, in compliance with their own regulations and urban planning schemes.

Taking into account the aforementioned legal provisions, correlated with 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 on the conduct of market product and service commercialization activities on the territory of Sector 3 of the Municipality of Bucharest.

The regulation establishes the procedure for obtaining the consent/authorization/operating permit by individuals and legal entities who carry out commercial activities of products and market services in public areas or in any other area intended for public use, in sales structures with a fixed or mobile location, permanent, temporary, or, as applicable, seasonal, on the territory of Sector 3 of the Municipality of Bucharest.

According to art.2 letter a), the operating permit is the individual administrative act, by which the conditions for carrying out activities of commercialization of products and market services are established, exclusively public food units; letter b) the operating authorization is the individual administrative act, by which the conditions for carrying out public food activities are established (restaurant CAEN code 5610, bar CAEN code 5630), and according to letter c), the operating notice is the individual administrative act, by which the conditions for carrying out commercialization activities of products and market 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 carry out or intend to carry out commercial, service provision and public food activities, are required to submit documentation in order to obtain or extend the validity period of the operating permit/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 operating notice/permit/authorization, as well as the fee for its annual endorsement are provided in the Decision of the General Council of the Municipality of Bucharest regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest. These will be paid at the cashiers within the Town Hall of Sector 3, and proof of payment will 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 Fiscal Code of Romania, with subsequent amendments and completions and the Decisions of the General Council of the Municipality of Bucharest regarding the establishment of the levels of 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 authorization being issued, 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 issuance/annual endorsement of the Operating Authorization - public food service (bar, restaurant), for an area of up to 500 m²;

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

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Entitled persons

Regulated professions

Required documents

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Obligatoriu

Semnătură digitală

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B.I/C.I*

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

Certificate of Registration*

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Certificate of registration issued by the National Trade Register Office*

Certificate of attestation*

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Certificate attesting the current status of the company – issued by the National Trade Register Office, valid at the date of submission of the application for issuance/extension of the operating permit*

Contract with a company providing sanitation services*

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

Notices / agreements / authorizations*

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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 be carried out: a) sanitary operating authorization / Inspection note / Record of inspection of hygienic and sanitary conditions / Notification - as applicable; b) document for sanitary-veterinary registration and food safety.*

Proof of payment for the issuance of the operating permit*

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

Power of attorney*

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Power of attorney (in case of absence of the associate / company administrator)*

Sector 3 Parks Directorate Approval - Odobeşti Entrance no. 5 – 7, as applicable*

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Sector 3 Parks Directorate Agreement - Odobeşti Entrance no. 5–7, as applicable*

Urbanism Notice regarding the periodic occupation of public domain*

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Urbanism Notice regarding the periodic occupation of public property issued by the Urbanism and Territorial Planning Directorate within the Sector 3 City Hall, 191 Calea Dudești, Sector 3*

REQUEST FOR ISSUANCE/EXTENSION OF THE OPERATING PERMIT ON PUBLIC DOMAIN ( STREET LOCATION ) ( other than press distribution and sale of natural flowers )*

Descarcă

Formular tipizat

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REQUEST FOR ISSUANCE/EXTENSION OF THE OPERATING PERMIT ON PUBLIC DOMAIN (STREET LOCATION) (other than press distribution and sale of natural flowers)*

Rental contract with the Street Administration or Construction Authorization - for RATB STATIONS*

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Lease contract with the Street Administration or Construction Permit - for RATB STATIONS*

Tax declaration*

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Declaration of imposition regarding the occupation of public domain registered at the General Directorate of Taxes and Local Fees Sector 3 from Sfanta Vineri Street no. 32 – for legal entities / Câmpia Libertăţii Street no. 36 – for natural persons and proof of payment of the public domain occupancy fee for the current month*

Issued documents

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OPERATING NOTICE ON PUBLIC DOMAIN (STREET LOCATION) (other than press distribution and sale of natural flowers)*

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Fees

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