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When do I have to register a catering business, what does this include?

Anyone wishing to operate a catering business in a standing trade must notify the competent authority for the location in question in writing of the business registration or business re-registration at least four weeks before the start of operations (receipt by post) in accordance with Section 14 (1) of the Trade, Commerce and Industry Regulation Act. This notification must also state

• what type of establishment it is and
• whether it is intended to offer alcoholic beverages.

The main types of establishment are

• Snack bar / fast food restaurant
• public house
• restaurant
• Pub and restaurant
• Pub and restaurant with regular music performances
• Dance hall
• Outdoor bar area (beer garden)
• café
• bar
• discotheque
• highway service area
• Pump room
• Department store restaurant

If, in the case of legal entities or associations without legal capacity, another person is appointed to represent them in accordance with the law, articles of association or partnership agreement following certification of the notification, this must be reported to the authority without delay.

• Completed form "GewA1" in accordance with Annex 1 to Section 14 (1) GewO
• Identity card or passport for identification purposes
• Foreigners who are not citizens of an EU member state or an EEA member state require a residence permit from the responsible immigration authority, according to which they are permitted to exercise the trade under immigration law

Additionally required in the case of serving alcohol:

• Proof of a certificate of good conduct applied for in accordance with § 30 Para. 5 BZRG
• Proof of requested information from the central trade register for submission to the authorities in accordance with Section 150 (5) GewO
• tax clearance certificate (certificate in tax matters)

If the intention is to serve alcoholic beverages, the trader must meet the requirements for reliability under trade law. Unreliable persons within the meaning of Section 35 (1) of the Trade, Commerce and Industry Regulation Act are in particular those who are addicted to drunkenness or give rise to fears that they will take advantage of inexperienced, reckless or weak-willed persons or encourage alcohol abuse, illegal gambling or receiving stolen goods.

• natural person: according to time spent, at least € 36.60
• Legal entity with one legal representative: according to time spent, at least € 66.00
• for each additional legal representative: according to time spent, at least € 18.00
• When serving alcoholic beverages (Section 3 (1) BbgGastG), the fee increases by €12.00 for each natural person and each legal representative

The business registration for a restaurant in a standing business must be submitted in full (with all necessary documents) to the local regulatory authority (competent authority) four weeks before the start of operations.

In the case of serving alcohol, the competent authority carries out an examination of the trader's reliability under trade law immediately after receipt of the documents.

The following authorities are involved by the trade authority

• Food monitoring authority
• Lower building supervisory authority

Confirmation of the business registration is issued within 3 days if all documents are available (§ 15 Para. 1 GewO).

at least four weeks before the start of operations (receipt by the authorities)

Local regulatory authorities according to § 1 BbgGastGZV.

The duties of the local regulatory authorities are carried out by the local authorities, the independent municipalities, the association municipalities, the co-administrating municipalities and the independent towns (Section 3 of the Regulatory Authorities Act - OBG)

This procedure can also be handled by a "single point of contact". The "Single Point of Contact" is a special service offered by the municipalities and the state for service providers.