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Request for issuing the operating permit - public food service - CAEN code 5610; 5630 (other than hotels)*
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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 market products and services, any commercial activity is carried out only by authorized traders under the law, and according to art.6 para.(1) and (2) of the same normative act: commerce in public areas is conducted in stationary or mobile sales structures. The exercise of commercial activities in public areas is subject to the agreement of local public administration authorities or the sectors of the Municipality of Bucharest, as the case may be, in compliance with their own regulations and urban planning schemes.
Considering the aforementioned legal provisions, with reference 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 products and services commercialization activities in Sector 3 of the Municipality of Bucharest.
The regulation establishes the procedure for obtaining the agreement/authorization/operating permit by individuals and legal entities, who exercise commercialization activities for market products and services in public areas or any other area intended for public use, in stationary or mobile sales structures, permanent, temporary, or, as the case may be, seasonal, in 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 market products and services commercialization activities are established, excluding public food units; letter b) the operating authorization is the individual administrative act by which the conditions for conducting public food 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 market products and services commercialization activities, 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, service provision, and public food activities, are obliged to submit documentation for obtaining or extending 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 expiration date of the initially authorized validity period.
The fee for issuance and release of the permit/agreement/operating authorization, as well as the annual endorsement fee, are provided in the General Council Decision of the Municipality of Bucharest regarding the establishment of fees and local taxes in the Municipality of Bucharest. These are to be paid at the Sector 3 City Hall cashiers, 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 Romanian Fiscal Code, with subsequent amendments and completions, and the Decisions of the General Council of the Municipality of Bucharest regarding the establishment of fees and local taxes in the Municipality of Bucharest, economic agents who carry out public food activities (CAEN code 5610, 5630), must pay the public food tax in full, in advance of the authorization release, regardless of the remaining period until the end of that fiscal year, as follows:
-the fee of 3,000 lei for the issuance/annual endorsement of the Operating Authorization - public food service (bar, restaurant), for an area up to 500 m²;
- the fee of 4,000 lei for the issuance/annual endorsement of the Operating Authorization - public food service (bar, restaurant), for an area exceeding 500 m².
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
. B.I/C.I*
Descarcă
ID card of the administrator/person submitting the authorization documentation*
Certificate of registration*
Descarcă
released by the National Trade Register Office B.I/C.I associated*
Deed of ownership of the space*
Descarcă
The document of ownership 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 should result. In the case of a change of use of the space in which the commercial activity will be conducted, either an Urbanism Certificate/Building Permit or a letter from the Urbanism and Territorial Planning Department 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 attesting the current status of the company – issued by the National Trade Register Office, valid on the date of submission of the application for issuing/extending the operating authorization*
Permits/agreements/authorizations*
Descarcă
Permits/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 will take place: a) environmental authorization or self-declaration that there are fewer than 100 (one hundred) seats (according to Order No.1798/2007, amended and supplemented by Order No.3839/2012); b) fire safety authorization/approval, as applicable; c) sanitary operating authorization / Inspection note / Inspection report on hygienic-sanitary conditions / Notification; d) sanitary-veterinary registration document and for food safety*
Contract with a company providing sanitation services*
Descarcă
Contract with a waste management service provider company, authorized by the Bucharest City Hall, and the latest payment receipt Contract with a waste management company and the latest payment receipt*
Proof of payment for the public catering fee*
Descarcă
Proof of payment of the public catering fee*
Proof of payment of the fee for issuing the operating permit*
Descarcă
Proof of payment of the fee for issuing the operating permit*
Power of attorney*
Descarcă
Power of attorney (in case of non-attendance of the associate/administrator of the company)*
The written consent of the owners/of the persons occupying the buildings based on a contract*
Descarcă
The written consent of the owners/of the persons who occupy the properties 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 consent of the owners/of the persons who occupy 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 the individual buildings area of Sector 3 of Bucharest Municipality); The consent will obligatorily contain: the name/surname, the series/no. 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 applicable;*
Declaration regarding the classification of the unit*
Descarcă
Declaration regarding the classification of the unit – filed separately with registration number (according to GD 843/1999);*
Declaration on own responsibility*
Descarcă
regarding compliance with the provisions of Law 50/1991, republished in 2004 with subsequent amendments and additions.*
Type request*
Descarcă
Request type*
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
None
Assistance and problem-solving services
None
Last updated:
12 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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