Procedure descriptions
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Temporary license for restaurants

You wish to acquire an existing public house/restaurant but are not yet able to submit all of the necessary documents for the public house/restaurant permit? In such a case, the licensing authority can issue you with a temporary licence.

Responsible department

the municipal administration or city council (Gemeinde-/Stadtverwaltung) of the future premises

Details

Prerequisite

  • You acquire the public house/restaurant premises from the predecessor without any alterations.
  • The public house/restaurant was not closed for more than one year.

Procedure

You need to apply for the temporary licence from the competent body in writing or in electronic form. You must sign it by hand or attach an authenticated electronic signature.

You can also replace the written form by

  • submitting the declaration in an electronic form, which is provided by the competent body in an entry device on site or via the Internet. When entering via the Internet, you must prove your identity with the electronic ID form of your personal identity document or of your electronic residency title.
  • Send a De-Mail to the competent body which is confirmed by the sender. Confirmed by the sender means that your De-Mail provider issues confirmation in the De-Mail with an authenticated electronic signature that
    • it received this message content from you personally and
    • that you registered for the sending of this De-Mail with the electronic ID function of your personal identity document or via a secure channel with your user name and password in your De-Mail account.

You must provide the required information and submit those documents which are necessary in order to assess your application.

Required documents

  • completed application form
  • copy of the identity card or comparable identity documents
  • for proof of the corporate legal form
    • If the location of your company is in Germany, you will need:
      • for registered companies: an excerpt of the Commercial Register (Handelsregisterauszug) and if applicable a copy of the shareholders agreement (e.g. for a company constituted under civil law, (GbR)).
    • If your company is located abroad, you will need documents from the country where it is located which prove its legal form.
  • for proof of personal reliability
    • If your place of residence is in Germany, you will normally need:
    • If your place of residence is abroad, you will need documents from your native country, which prove that you have the personal reliability to provide the requested service.
  • proof of instruction from the Chamber of Commerce and Industry (this means the Chamber of Commerce and Industry certificate for participation in a seminar on legal food and hygiene requirements) or a copy of the negative certification
  • construction plans, floor plans, site plans
  • possibly: application to issue a licence for the proxy If the restaurant is to be run by the proxy, then a licence for the proxy has to be applied for by the restaurant owner himself/herself by presenting the proxy’s personal documents.

When checking the personal reliability, in individual cases the authorising authority could request alongside the documents listed additional documents, which are appropriate to make a statement about your personal reliability as applicant.

If the restaurant is run by a proxy, then a licence for a proxy or a temporary license for a proxy has to be applied for by the owner of the restaurant himself/herself by presenting the personal documents of the proxy.

In the case of legal entities (GmbH, corporate companies, AG, registered cooperatives) the application form only has to be completed by the legal entity itself. All personal documents have to be submitted for all natural persons authorised to manage the company (e.g. certificate of good conduct, personal documents). In addition, an excerpt from the Central Trade Register has to be applied for in the case of legal entities.

In the case of partnerships, which as such are not capable of holding a licence (GbR, KG, OHG, PartG, GmbH & Co. KG), each of the managing partners requires the licence. I.e. an application form and all personal documents are required for each person.

Costs

The amount of the fee is in accordance with the cost regulations of the municipality or city or the cost ordinance of the district office.

Processing time

The authority must take a decision concerning your application within a deadline of three months. The deadline starts to run at the time of submission of the complete documentation. Following the expiry of this deadline, the permit which has been applied for is deemed to have been issued, provided that the application has been submitted correctly.

Note: The authority can extend the deadline once, should this be justified due to the complexity of the matter. The authority must explain such a deadline extension and notify you of this in a timely manner.

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Wirtschaftsministerium and the Innenministerium released it on 05.07.2018. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.