Gaststättengewerbe, Gestattung aus besonderem Anlass beantragen

§ 12 Restaurant Act (GastG)

Would you like to offer gastronomy with alcohol as part of a temporary event (e.g. funfair, city festival, shooting festival) or for another temporary occasion (e.g. construction canteens)? Then you need a temporary permit (permission).

If you would like to operate a restaurant with alcohol serving as part of a temporary event (e.g. funfair, city festival, shooting festival) or for another temporary occasion (e.g. canteen on the occasion of a major construction site), you can apply for a temporary permit (permit) under simplified conditions. Permission is revoked.

Permission is also required if you have a travel trade card. Conversely, you do not need a travel trade card for a specific event if you already have a permit to do so (§ 55a para. 1 no.7 GewO). 

If you want to regularly participate in a certain recurring event with your catering business (e.g. at an annual folk festival), there is basically an alternative to repeatedly applying for a permit. If there is no change in the spatial conditions or the mode of operation of your business, a permanent permit can be considered. However, the granting of such a permit does not say anything about the allocation of a stand at the respective event. 

Since a permit is granted only for the duration of a specific event, i.e. for a limited period of time, it is subject to less stringent conditions than the granting of a permanent restaurant permit. 

• Identity card or passport with registration certificate
• Residence permit if the applicant is a foreigner and not a national of an EU or EEA country. 
• Current excerpt from the commercial register

Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities in the process of being established (GmbH, AG) submit the articles of association or articles of association. 

• Restaurant information according to § 4 GastG

In the case of repeated applications, the submission of a certificate from an IHK of participation in the restaurant instruction or a comparable qualification (confirmation by the IHK) is required. 

• Certificate of good conduct only required if the reliability of the licensing authority is not known. Information from the Federal Central Register (certificate of good conduct for submission to an authority; Document type 0). The information must be requested from the municipality of residence for submission to an authority, it will be sent directly to the authority responsible for the venue.

The information must not be older than 3 months. It can also be applied for online at the Federal Office of Justice. 

• Excerpt from the Central Trade Register of Natural Person. Only required if the reliability of the licensing authority is not known. Information from the Central Trade Register for Natural Persons for submission to an authority (document type 9). 

The information must be requested from the municipality of residence for submission to an authority, it will be sent directly to the authority responsible for the venue. The information must not be older than 3 months. It can also be applied for online at the Federal Office of Justice. 

• Excerpt from the Central Trade Register of Legal Entities

Only required if the reliability of the licensing authority is not known.

Information from the Central Trade Register for Legal Entities for submission to an authority (document type 9)

The information must be requested from the authority responsible for the venue. It can also be applied for online at the Federal Office of Justice.

• Name of the temporary event/occasion with information on the area used (site plan, floor plan of the bar area). 

In order to be granted permission, you must

• be personally reliable,

• Information from the Federal Central Register (certificate of good conduct for authorities)
• Information from the Central Trade Register

• Proof of your professional aptitude

• Information pursuant to Section 4 (1) Sentence 1 No. 4 GastG by a Chamber of Industry and Commerce on the main features of the provisions of food law or an exemption pursuant to No. 3.4 of the General Administrative Regulation on Proof of Information in the Restaurant Industry (GastUVwV) in conjunction with Annex 3 thereto

Prove the existence of the spatial requirements for the protection of the life and health of visitors and employees. Where appropriate, the authorisation may be subject to conditions in order to ensure that this condition is met.

The fees depend on the administrative effort and the respective administrative fee schedule of the country.

The application for authorisation must be submitted to the competent authority. You will need to provide the required information and attach any documents that may be relevant to the assessment of your application.

Note: The organizer himself must submit the application. If the organizer is a legal entity or an unincorporated association, a lawful representative must submit the application.

The competent authority may impose conditions on the restaurant permit at any time, i.e. even subsequently.

You must submit the application for a restaurant permit on the occasion of an event in good time (about 2 weeks in advance).

The permit is only temporary for the duration and location of the event.

• If you operate a restaurant business without the necessary permit (permit), you are committing an administrative offense. You are also committing an administrative offence if you go beyond what is permitted in the operation of the restaurant.
• Within the scope of the permit, conditions can be imposed at any time, which must be implemented by you.
• If a condition is not complied with, the permit can be revoked without further ado. If you do not comply with a requirement, do not comply with it completely or do not comply with it in time, you are also committing an administrative offence.

• Objection (depending on state law, the objection may be excluded), administrative court action

• Catering industry, apply for permission on special occasions
• On a special occasion (event), the temporary permit of a hospitality business with alcohol serving may be granted; Preconditions:
  • The event can be attended by anyone or a specific group of people
  • At the event, alcoholic beverages will be offered commercially for consumption on the spot,
  • There are no grounds for refusal according to § 4 GastG (personal unreliability, spatial security concerns, lack of IHK information). Particularly with regard to the spatial requirements, a less strict standard can be applied with regard to the temporary nature of the event-related hospitality activity than in the case of a permanent permit. Concerns can also be dispelled by means of conditions; Permission is only temporary for the duration and location of the event; in the case of regular participation in certain recurring events, a one-time application for a permanent permit for the events in question can alternatively be made if there are no significant changes to the premises and the mode of operation. 
• Responsible: Jurisdiction depends on the respective state law

In Rhineland-Palatinate, the local trade offices are responsible.

Alternatively, you can contact the Single Point of Contact in Rhineland-Palatinate. The Single Point of Contact is a public body through which you can handle all administrative procedures and formalities required for the commencement and exercise of your service activity and for the recognition of a foreign professional qualification. Further information can be found on the website of the Point of Single Contact.

Jurisdiction and procedures are regulated by the Länder. The restaurant permits are granted in all states by the municipalities, municipalities or independent cities.

• Written form required: no
• Online procedure possible: yes
• Personal appearance required: no