COMMERCIAL AUTHORIZATION PROCEDURE

According to the provisions of art.5 para.(1) of Government Ordinance no. 99/2000 regarding the commercialization of market products and services, any commercial activity is carried out only by authorized merchants under the law, and according to art.6 para.(1) and (2) of the same normative act: trade in public areas is carried out in sales structures with fixed or mobile premises. The exercise of trade activities in public areas is subject to the approval of local public administration authorities or those of the sectors of the Municipality of Bucharest, as the case may be, in compliance with their own regulations and urban planning.

Given the above-mentioned legal provisions, in relation 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 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/approval by individuals and legal entities, who carry out activities of commercialization of products and market services in public areas or in any area of another nature intended for public use, in sales structures with fixed or mobile location, 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 operating agreement is the individual administrative act by which the conditions for carrying out activities of commercialization of products and market services are established, exclusively for public food units; letter b) the operating authorization is the individual administrative act by which the conditions for carrying out public catering activities (restaurant CAEN Code 5610, bar CAEN Code 5630) are established, and according to letter c), the operating approval is the individual administrative act by which the conditions for carrying out commercialization activities of products and market services, performed 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 to carry out commercial, service provision and public catering activities are required to submit documentation for obtaining or extending the validity period of the operation agreement/authorization, at least 30 calendar days prior to the start date of the activity to be carried out or before the expiration date of the initially authorized validity.

The fee for issuing and releasing the approval/agreement/operating authorization, as well as the annual validation fee thereof, are provided in the Decision of the General Council of the Municipality of Bucharest regarding the setting of levels of local taxes and fees in the Municipality of Bucharest. These shall be paid at the cashiers within the Sector 3 City Hall, and proof of payment shall be submitted together with the authorization documentation.

According to 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 setting of levels of local taxes and fees in the Municipality of Bucharest, economic agents who carry out public catering activities (CAEN code 5610, 5630), must pay the public catering fee in full, in advance of the authorization release, regardless of the remaining period until the end of the respective fiscal year, as follows:

- fee in the amount of 3,000 lei for annual release/validation of the Operation Authorization - public catering (bar, restaurant), for an area up to 500 m²;

- fee in the amount of 4,000 lei for annual release/validation of the Operation Authorization - public catering (bar, restaurant), for an area greater than 500 m².