Restaurant permit; application by non-EU citizens

If you wish to operate a restaurant business serving alcoholic beverages, you require a restaurant license. The restaurant permit is issued for both individuals and premises.

Description

Prerequisites

In principle, a residence permit that allows the exercise of self-employment is required.

Permit requirements are the reliability of the business operator, proof of training from the Chamber of Industry and Commerce on the basic principles of the food law knowledge required for the prospective business, space and location-related requirements including accessibility.

With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) GewO). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

The Chamber of Industry and Commerce (following a 6-hour course) will certify that you have been instructed in the necessary food law knowledge (if you operate a pub and restaurant) (proof of instruction). In the case of legal entities, these personal licensing requirements must be met by the authorized representatives (managing director, board of directors).

A further prerequisite for the granting of the permit is that the rooms intended for the operation of the business or the stay of the employees are suitable, that the rooms intended for guests can be used without barriers and that the business does not conflict with the public interest with regard to its local location or the use of the rooms, in particular that there is no fear of harmful environmental effects or other significant disadvantages, dangers or nuisances for the general public.

In particular, a building permit must be available for the intended type of business.

Deadlines

The restaurant permit must be issued before the start of operations, so a timely application (approx. 4 weeks before the start of operations) is required.

Required documents

  • Non-EU foreign nationals: Residence title permitting self-employed (independent) activities

  • Identity card; passport

  • Proof of reliability

    Official certificate of good conduct or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for public authorities (Section 30 (5) of the Federal Central Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade, Commerce and Industry Regulation Act).

  • Proof of instruction

    Copy

  • Lease/rental agreement or proof of ownership of premises

  • Floor plans and site plans, building permit

  • Documents for restaurant permit (non-EU citizens)

    in the case of registered companies, an excerpt from the commercial register or comparable registration documents from abroad (with German translation) in the case of civil law companies, articles of association in the case of a limited liability company being formed, a copy of the notarial deed of formation and a power of attorney from the founders, according to which the commencement of business is to be commenced before the entry in the commercial register

  • particulars and documents relating to the applicant and his representatives

    in the case of applications for authorisation to act as proxy

  • Authorization: Written power of attorney and the ID cards of both the grantor of the power of attorney and the grantee of the power of attorney

Fees

    • Restaurant license: 100 to 6,000 EUR
    • Proxy permit and provisional permit: 50 to 600 EUR
    • Provisional proxy permit: 30 to 300 EUR
    • Certificate of good conduct and extract from the central trade register: EUR 13 each
    • Instruction with confirmation (proof of instruction) at the Chamber of Industry and Commerce: EUR 80

Remedy

Administrative court proceedings; information

Administrative court action

Status:03.01.2024

Responsible for editing:Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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