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Request for extension of the operating agreement for commercial activity, trade of food/non-food products/market services*
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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 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 fixed or mobile sales structures. The exercise of commercial activities in public areas is subject to the consent of local public administration authorities or the sectors of Bucharest Municipality, as the case may be, in compliance with their own regulations and urban planning plans.
Considering the aforementioned legal provisions, reported 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 for the approval of the Regulation regarding the conduct of activities for the commercialization of products and market services on the territory of Sector 3 of Bucharest Municipality.
The regulation establishes the procedure for obtaining the agreement/authorization/operating permit by individuals and legal entities who carry out activities of commercialization of products and market services in public areas or in any other area intended for public use, in fixed or mobile sales structures, permanent, temporary or, as the case may be, seasonal, on the territory of Sector 3 of Bucharest Municipality.
According to art.2 letter a), the operating agreement is the administrative individual act by which the conditions for carrying out activities for the commercialization of products and market services are established, exclusively for public food establishments; letter b) the operating authorization is the administrative individual act by which the conditions for carrying out public food activities (restaurant CAEN Code 5610, bar CAEN Code 5630) are established, and according to letter c), the operating permit is the administrative individual act by which the conditions for carrying out activities for the commercialization 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 are about to carry out commercial activities, service provision, and public food activities are obliged to submit documentation in order to obtain or extend the validity period of the operating agreement / authorization at least 30 calendar days before the date the activity to be carried out begins or before the expiry date of the initially authorized validity.
The fee for issuing and releasing the operating permit/agreement/authorization, as well as the fee for the annual endorsement thereof are stipulated in the Decision of the General Council of Bucharest Municipality regarding the establishment of the levels of local taxes and fees in Bucharest Municipality. These will be paid at the cash desks within Sector 3 City Hall, 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, with subsequent amendments and completions and the Decisions of the General Council of Bucharest Municipality regarding the establishment of the 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 fee in full, in advance of the issuance of the authorization, regardless of the remaining period until the end of the respective fiscal year, as follows:
- the fee in the amount of 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area of up to 500 m 2;
- the fee in the amount of 4,000 lei for the issuance/annual endorsement of the Operating Authorization - public food (bar, restaurant), for an area larger than 500 m 2.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
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. ID card / Identity card*
Descarcă
ID/Passport of the administrator/person who submits the authorization documentation*
Certificate of attestation*
Descarcă
Certificate of status showing the current state of the company – issued by the National Trade Register Office, valid at the date of submission of the request for issuing/extending the operating authorization*
The deed of ownership of the space and/or the additional act to the initial contract, as applicable*
Descarcă
The act of ownership of the space and/or the additional act to the initial contract, if applicable*
The last invoice accompanied by the receipt for the payment of the sanitation fee*
Descarcă
The last invoice accompanied by the receipt for the sanitation fee payment*
Notices / agreements / 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 (according to Order No. 1798/2007, respectively Order No. 3839/2012), as applicable/if expired; b) fire safety authorization/approval - as applicable;*
Proof of payment of the fee for the extension of the operating permit*
Descarcă
Proof of payment of the fee for renewing the operating permit.*
Operating Agreement*
Descarcă
The Operating Agreement issued by the General Directorate of Local Police Sector 3*
The written agreement of the owners/of the persons who occupy the buildings based on a contract*
Descarcă
The written agreement of the owners/of the persons occupying the properties based on a contract and who have previously obtained the owner's consent, directly affected on a horizontal and vertical plane (in the case of condominiums), respectively the written agreement of the owners/of the persons occupying the properties based on a contract and who have previously obtained the owner's consent, directly affected (left, right, back – properties attached to the property where the space is arranged, in the case of spaces located in areas of individual buildings in Sector 3 of the Municipality of Bucharest). The agreement must obligatorily include: name/first name, series/number of identity document, the date on which they gave their consent and their signature, with express mention of the operating hours after 22:00.*
Declaration on own responsibility*
Descarcă
Declaration on own responsibility regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and completions*
Power of attorney (in case of non-attendance of the company’s associate / administrator)*
Descarcă
Power of attorney (in case of non-attendance by the associate / company administrator)*
REQUEST FOR EXTENSION OF THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY TRADE IN FOOD PRODUCTS/ NON-FOOD PRODUCTS/ MARKET SERVICES*
Descarcă
REQUEST FOR EXTENSION OF THE OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY TRADE OF FOOD/ NON-FOOD PRODUCTS/ MARKET SERVICES*
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 are applicable.
*Additional information
More info:
Links
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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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