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.