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Request for issuing the operating permit 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 Government Ordinance no. 99/2000 regarding the marketing of products and market services, any commercial activity is conducted 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 takes place in fixed or mobile sales structures. The exercise of marketing activities in public areas is subject to the agreement of the local public administration authorities or of the sectors of the Municipality of Bucharest, as the case may be, in compliance with their own regulations and urban planning plans.
Considering 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 regarding the conduct of activities for the marketing of products and market services on the territory of Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the agreement/authorization/operating permit for natural and legal persons who conduct activities for the marketing of products and market services in public areas or any other area designated for public use, in fixed or mobile sale structures, permanently, temporarily, or, as the case may be, seasonally on the territory of Sector 3 of the Municipality of Bucharest.
According to art.2 letter a), the operating agreement is the individual administrative act by which the conditions for conducting the marketing activities 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 conducting public catering activities are established (restaurant CAEN Code 5610, bar CAEN Code 5630), and according to letter c), the operating permit is the individual administrative act by which the conditions for conducting temporary and/or seasonal marketing activities of products and market services are established.
According to art.3 of H.C.L.S.3 no. 313/2017: economic agents who conduct or intend to conduct commercial, service provision, and public catering activities are required to submit the documentation in order to obtain or extend the validity period of the operating agreement/authorization at least 30 calendar days before the date of commencement of the activity to be carried out or before the date of expiration of the initially authorized validity.
The fee for issuing and granting the operating permit/agreement/authorization, as well as the fee for its annual endorsement, is 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 shall be paid at the cashiers within the City Hall of Sector 3, 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 regarding the establishment of the levels of local taxes and fees in the Municipality of Bucharest, economic agents conducting public catering activities (CAEN codes 5610, 5630) must pay the public catering fee 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 amounting to 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public catering (bar, restaurant), for an area of up to 500 m 2;
- a fee amounting to 4,000 lei for the issuance/annual endorsement of the Operating Authorization - public catering (bar, restaurant), for an area greater than 500 m 2.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
. ID/ID*
Descarcă
I.D/C.I administrator/person submitting the authorization documentation*
Certificate of registration*
Descarcă
issued by the National Trade Register Office ID card/passport of the associate*
Document of ownership of the space*
Descarcă
The act of possession of the space (sale - purchase, lease/sublease contract with the owner's consent, loan for use, etc.) from which the total area of the sales structure is shown. In the case of changing the destination of the space where the commercial activity will take place, either the Urbanism Certificate/Building Permit or a letter from the Directorate of Urbanism and Territorial Planning within the Sector 3 City Hall must be presented, indicating 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 Trade Register Office, valid on the date the application for issuing/extending the operating license is submitted*
Approvals / agreements / authorizations*
Descarcă
Notices/agreements/authorizations issued by other authorities/public institutions depending on the specifics of the activity to be authorized, as well as the premises where the commercial activity is to take place, as applicable: a) environmental authorization (according to Order No. 1798/2007, respectively Order No. 3839/2012); b) fire safety authorization/notice – as applicable; c) sanitary operating authorization / Findings Note / Sanitary Conditions Findings Report / Notification; d) sanitary-veterinary and food safety registration document;*
Contract with a company providing sanitation services*
Descarcă
Contract with a sanitation service provider company, authorized by the City Hall of Bucharest and the latest payment receipt Contract with a sanitation company and the latest payment receipt*
Proof of payment of the fee for the issuance/release of the operating permit*
Descarcă
Proof of payment of the fee for issuing/releasing the operating agreement*
Power of attorney*
Descarcă
Power of attorney (in case of absence of the company’s associate/administrator)*
The written agreement of the owners/of the persons occupying the buildings based on 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 consent, 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 consent, directly affected (left, right, back – buildings attached to the building where the space is arranged, in the case of spaces located in the individual buildings area of Sector 3 of the Municipality of Bucharest); The agreement will mandatorily contain: the name/first name, the series/number of the identity document, the date on which they gave their consent and their signature, with the express specification of the operating hours after 22:00 – as the case may be;*
Declaration on own responsibility*
Descarcă
regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and additions.*
REQUEST FOR ISSUANCE OF OPERATING PERMIT FOR COMMERCIAL ACTIVITY TRADE FOOD/NON-FOOD PRODUCTS/MARKET SERVICES*
Descarcă
REQUEST FOR ISSUANCE OF OPERATING AGREEMENT FOR COMMERCIAL ACTIVITY TRADE 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 case 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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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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