You operate a catering business if, in a standing trade, you
- serve beverages for consumption on the spot (tavern) or
- serve prepared food for consumption on the premises (catering),
if the business is accessible to everyone or to certain groups of people.
The catering trade is only subject to approval if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared meals are served, the restaurant business does not require a permit.
The permit is issued for a specific type of business (e.g. pub and restaurant, discotheque, dance café, etc.) and for the rooms used for the business.
Permission is also required for any expansion of the restaurant business and any change in the type of business.
In the case of civil law partnerships and trading companies (OHG, KG), each managing partner requires a permit.
If you want to operate a restaurant requiring a permit through a deputy, you need a deputy permit (§ 9 GastG).
If you want to take over a restaurant operation requiring a permit from another person, you can be permitted to operate the restaurant business until the permit is issued on a revocable basis (usually for a period of up to three months) (provisional permit).
The same applies to the granting of a temporary substitution permit (§ 11 GastG).
If the gastronomic activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, town, music festival, etc.), the operation of the catering business can be permitted by the municipality under simplified conditions (as a rule, no proof of instruction and no building permit is required) in accordance with § 12 GastG.