If you wish to operate a restaurant or bar that serves alcohol, you generally need a restaurant license.

Regardless of the restaurant license discussed here and depending on the services you offer, you may need to comply with additional registration and licensing requirements, such as those under the Trade Regulation Act and the Crafts and Trades Regulation Act.

You are operating a restaurant business if you, on a commercial basis,

•  in a stationary business—that is, at a fixed place of business—serve beverages (bar service) or prepared meals (restaurant service) for on-site consumption, or
•  in a traveling business (from a fixed business location established solely for the duration of an event) serve beverages or prepared food for consumption on the premises.

In either case, the business must be open to the general public.

You do not need a restaurant license if you serve only

• non-alcoholic beverages,
• free samples,
• prepared food, or
• serve beverages and prepared meals to guests staying at your lodging facility

.

Special regulations apply to wine taverns (Section 14 of the Restaurant Act [GastG]).

The license is granted for a specific type of business (e.g., bar, nightclub, snack bar) and applies only to the premises used for that business. In some cases, a building permit may also be required.

Any expansion of the restaurant business and any alteration to the premises also requires a license.

In the case of civil law partnerships and commercial partnerships, a separate license is required for each partner. For legal entities and unincorporated associations, however, only a single restaurant license is required.

If you wish to take over an existing restaurant business that requires a license from another person, you may be granted a provisional, revocable license (usually for 3 months) until the final restaurant license is issued (Section 11 GastG). With this permit, the business can be taken over even on short notice.

You should apply for a license for a representative (Section 9 GastG) if you wish to have the restaurant managed by a representative who will also be responsible for dealing with authorities and institutions. The representative must meet the same criteria regarding personal reliability and suitability as you do.

Personal Reliability:

This means that you have not committed any criminal offenses or administrative offenses in connection with your business activities. Furthermore, you must not have any tax debts, must be financially solvent, and must not be living in precarious financial circumstances.

Suitability of the Premises and Location:

In addition, the premises intended for the restaurant business must be suitable for the type and scope of the intended use and must not conflict with the public interest in terms of their location—for example, with regard to noise protection.

To apply for a restaurant license, you will need the following documents

• Application for a restaurant license
  
  
• Floor plan of the dining areas, restroom facilities, staff rooms, kitchens, and ancillary rooms, including corresponding square footage
  
  
• Signed purchase, rental, or lease agreement to prove that you have actual control over the business premises
  
  
• 
  Certificate of Good Conduct You must apply for this in person at the municipal office (Citizens’ Office) responsible for your place of residence. Please specify: “For submission to the 30th Registry, Legal, and Public Order Office of the City of Mainz for a restaurant license application” (document type O or P). The certificate of good conduct will then be sent directly to us.
  
  
• Extract from the Central
  Trade Register You must apply for this in person at the municipal office (Citizens’ Office) responsible for your place of residence. Please specify: “For submission to the 30th Office of Civil Status, Legal Affairs, and Public Order of the City of Mainz for a restaurant license application.” If the restaurant is operated by a legal entity, the extract must be requested both for each managing director and for the legal entity. The information from the Central Trade Register will then be sent directly to us.
  
  
• Certificate of Good Standing from the Tax Office
  You must apply for this at your local tax office. If the restaurant is operated by a legal entity, the certificate must be requested for each managing director as well as for the legal entity.
  
  
• Certificate of No Tax Liabilities from the City/Municipal Treasury
  You must apply for this at your local city/municipal treasury. If the restaurant is operated by a legal entity, the certificate must be requested for each managing director as well as for the legal entity. If you reside in Mainz, please contact the Office of Finance, Public Participation, and Sports at 12-2315 or 12-2129, Stadthaus Große Bleiche.
  
  
• Information from the Central Debtors’ Register
  : You must apply for this online via the federal states’ enforcement portal (link in the “Forms, Information Sheets, Links” section). If the restaurant is operated by a legal entity, the information must be requested for each managing director as well as for the legal entity. Instructions for requesting information from the debtor registry can be found in the PDF “User Guide” under section 3.2, “Free Self-Disclosure,” also on the Enforcement Portal (see link below).
  
  
• Information from the local court regarding pending insolvency or bankruptcy proceedings. You must request this from your local court. If the restaurant is operated by a legal entity, the information must be requested for each managing director as well as for the legal entity.
  
  
• Extract from the Commercial Register or Association Register, or Articles of Incorporation
  (ONLY FOR LEGAL ENTITIES). If the restaurant is operated by a legal entity (e.g., GmbH, AG, UG, OHG, etc.) or an association (e.g., e.V.), we require an extract of the court decision (extract from the commercial or association register). For unincorporated partnerships (GbR), a partnership agreement is required.

Please also refer to the attached information sheet.

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