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

If you take over an existing business, then the licensing authorities can grant you a three-month temporary concession if certain requirements are fulfilled, even if you have not presented all the required documents.

Responsible authority

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

Prerequisite

A temporary restaurant license is granted, if the rooms and the operation of the restaurant have been taken over from the predecessor and they have not been changed and it was not closed for more than one year.

Procedure

The application for the temporary restaurant licence has to be submitted to the responsible authority in writing. It has to be signed by hand or have a qualified electronic signature.

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/Benefits

The amount charged is based on the local regulations governing the fees.

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Wirtschaftsministerium released it on 21.10.2016. 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.