COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art.5 par.(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 par.(1) and (2) of the same normative act: commerce in public areas takes place in fixed or mobile sales structures. The exercise of commercial activities in public areas is subject to the approval of the local public administration authorities or the sector authorities of the Municipality of Bucharest, as appropriate, in compliance with their own regulations and urban planning schemes.

Considering the above-mentioned legal provisions, in relation to the provisions of art.63 par.(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 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 operation agreement/authorization/permit for individuals and legal entities carrying out marketing activities of products and market services in public areas or 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 the Municipality of Bucharest.

According to art.2 letter a), the operation agreement is the individual administrative act by which the conditions for carrying out the commercialization activities of products and market services are established, excluding public food service units; letter b) the operation authorization is the individual administrative act by which the conditions for carrying out public food service activities are established (restaurant CAEN code 5610, bar CAEN code 5630), and according to letter c), the operation permit is the individual administrative act by which the conditions for carrying out the temporary and/or seasonal commercialization activities of products and market services are established.

According to art.3 of H.C.L.S.3 no. 313/2017: economic operators who carry out or intend to carry out commercial, service provision, and public food service activities are required to submit the documentation for obtaining or extending the validity period of the operation agreement/authorization at least 30 calendar days before the date of starting the activity they intend to carry out or before the expiration date of the initially authorized validity.

The fee for issuing and delivering the operation permit/agreement/authorization, as well as the fee for its annual endorsement, are stipulated 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 Sector 3 City Hall, and the proof of payment shall be submitted together with the authorization documentation.

According to the provisions of art. 475 par. (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 operators who carry out public food service activities (CAEN code 5610, 5630), must pay the public food service fee in full, in advance of the issuance of the authorization, regardless of the remaining period until the end of the fiscal year, as follows:

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

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