Procedure descriptions

Catering trade - apply for permission for more than four days

If, for a special reason, you wish to temporarily exercise a restaurant business requiring a permit, the competent authority may allow you to do so, namely

  • under simplified conditions,
  • on revocation.

Note: You do not need a permit for a catering establishment or a catering establishment permit for the mere serving of

  • non-alcoholic beverages,
  • free samples,
  • already prepared meals,
  • in connection with an accommodation business: distribution of drinks and prepared meals to house guests.

Responsible department

the catering authority

Depending on the place where you want to carry out the temporary activity, the catering authority is the municipal or city administration or the district office.

Details

Prerequisite

Prerequisites are:

  • You provide food and drink to visitors only on the occasion of a special event (an otherwise independent event). Special events can be, for example:
    • Street parties
    • Wedding celebrations
    • School festivals
    • Anniversary celebrations
    • Shooting festivals
    • Sports events
    • Folk festivals
    • Club events
    • Markets and the like.
  • As the organiser, you must observe the relevant legal provisions when holding the event. Ask the competent authority about the exact requirements. For example, the following regulations are relevant:
    • Protection of young people
    • Protection of young people at work
    • Protection against infection
    • Fire protection
    • food and hygiene regulations
    • Price list
  • You must name a person responsible for the event. This person must be available for the entire duration of the event.

Tip: As the organiser, you are liable for possible damages. You should therefore ensure that you have sufficient liability insurance cover.

Procedure

You must apply for the restaurant permit in writing or in electronic form to the competent authority. Your application must be signed by hand or provided with a qualified electronic signature.

You can also replace the written form by

  • submitting the declaration in an electronic form provided by the competent authority in an input device on site or via the internet. If you submit your declaration via the Internet, you must prove your identity using the electronic ID function of your identity card or residence permit.
  • send a sender-confirmed De-Mail to the competent authority. Sender-confirmed means that your De-Mail provider confirms in the De-Mail with a qualified electronic signature that
    • it has received exactly this message content from you and
    • You have logged into your De-Mail account for sending this De-Mail using the electronic ID function of your identity card or another secure way instead of your user name and password.

You must provide the required information and submit those documents that may be relevant for the assessment of your application.

Note: The organiser itself must submit the application. If the organiser is a legal entity or an unincorporated association, a legal representative must submit the application.

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

Deadlines

  • You must submit the application for a permit at least two weeks before the start of the activity requiring a permit as described above.
  • Exception: The activity takes place for a short-term reason that precludes a timely application.

Required documents

  • Copy of the identity card or a comparable identification document; in the case of electronic communication, the proof of identification prescribed for the respective communication channel, e.g. electronic signature, secure proof of identity
  • The competent body may request further documents or information, e.g.
    • the presentation of a rental agreement for the venue of the event
    • more detailed information on how unreasonable nuisances caused by noise are to be avoided.

Costs

The amount of the fees depends on the relevant fee statutes of the municipality or city or the fee ordinance of the district administration.

Note: Many municipalities do not charge fees for events that serve non-profit or charitable purposes.

Processing time

The authority must decide on your application within a period of three months. This period begins with the receipt of the complete documents. After expiry of this period, the permit applied for is deemed to have been granted if your application is sufficiently specific.

Note: The authority may, however, extend the deadline once if this is justified by the difficulty of the matter. The authority must give reasons for such an extension and notify you in good time.

Miscellaneous

Do you need a restaurant permit for less than four days? You will find the relevant information in the procedure description "Restaurant trade - apply for a permit for up to 4 days".

Release note

09.04.2024 Ministry of Economics Baden-Württemberg and Ministry of the Interior

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