Anzeige eines Gaststättenbetriebes

Would you like to offer prepared food or beverages commercially for consumption on the spot? Then you must notify the competent authority 4 weeks in advance.

- Anyone wishing to run a restaurant must notify the competent authority at least 4 weeks before the first offering of drinks or prepared food for consumption on the spot, even if it is only to be run for a short period of time.

- This also applies to the operation of a branch, a dependent branch, to the relocation of the permanent establishment and to the extension of the offer to alcoholic beverages or prepared food.

- A restaurant business also exists if the offer of prepared food and/or beverages for consumption on the spot is commercially available as a secondary business - e.g. as a supplementary offer from a bakery, butcher's shop, etc. - or as an incentive to consume.

• Identity card or comparable identity document
• If applicable, power of attorney
• If applicable, residence permit
• In the case of legal entities, an extract from the commercial register or association register or a copy of the shareholders' agreement or the articles of association
• In case of alcohol served:
  • Proof of the application for the issuance of a certificate of good conduct in accordance with Section 30 (5) of the Federal Central Register Act (BZRG) as well as
  • Information from the Central Trade Register in accordance with Section 150 (1) of the Industrial Code (GewO) or
  • an official certificate of verification of reliability under trade law provided for by law.

There are fees based on the time spent.

- You inform the competent authority using the form in accordance with the annex to § 2 paragraph 2 NGastG that you want to run a restaurant business.

- In doing so, you indicate whether you also want to sell alcoholic beverages. In this case, you must additionally

• enclose proof that you have submitted an application for a certificate of good conduct in accordance with Section 30 (5) of the Federal Central Register Act and
• submit information from the Central Trade Register in accordance with Section 150 (1) of the Industrial Code.

- If you have notified the restaurant, the competent authority will transmit the information from it to the authorities responsible for building supervision, immission control, youth protection, food monitoring and the fight against undeclared work and illegal employment, as well as to the tax office.

If the documents are complete, the notification will be processed promptly. The operation can be commenced, even without further feedback from the competent authority, 4 weeks after notification, unless special legal requirements (e.g. building law or food law) preclude this.

- Before you are allowed to run a restaurant, you must notify the competent authority at least 4 weeks in advance.

- The authority may permit an earlier start of the restaurant business if compliance with the deadline is not reasonable for the operator.

The notification does not replace the requirements of other specialist laws (e.g. building permit, food law information).

At least 4 weeks before the first offering of drinks or food, a catering business, even if this is of short duration, must be reported to the competent authority.

This procedure can also be handled by a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

The municipality in whose local area of responsibility the operation is to be commenced.

• Forms: Notification of a restaurant
• Alternatively, the notification can also be made by means of the business advertisement, using the GewA 1 and GewA 2 advertisement forms. However, the prerequisite is that the business registration is then submitted at least 4 weeks before the first offering of drinks or prepared food and that the business registration states whether alcoholic beverages and/or prepared food are to be served for consumption on the spot.
• Online procedure possible: yes
• Written form required: yes
• Personal appearance necessary: if necessary.