Welcome to our comprehensive guide for all aspiring restaurateurs in Munich who want to open their restaurant or another type of gastronomy would like to open. The gastronomy landscape in Munich is flourishing and offers a diverse range of culinary experiences. But before you can welcome your guests, there are a few important steps to consider - especially when it comes to the necessary permits.
In this article, you will learn everything you need to know about the permits required to open a restaurant in Munich. From the restaurant permit for Munich to special provisions for a restaurant permit in Bavaria - we cover all relevant topics so that you are well prepared.
Why are permits important?
The operation of a catering business in Munich, be it a bar, food truck, kiosk, free bar, or beer garden, requires a solid legal basis. This is where the restaurant permit comes into play. This permission is particularly necessary if you want to offer alcoholic beverages for consumption on-site.
The importance of this approval cannot be overstated as it ensures compliance with all relevant safety, health, and environmental standards, protecting not only your business but also your guests and the general public.
Munich restaurant permit: definition and application
A restaurant permit allows you to legally operate a restaurant business in Munich. To receive this, you must meet various requirements:
- Reliability: Your reliability as a trader is checked, among other things, based on your certificate of good conduct and the extract from the central trade register.
- Proof of knowledge: You must prove your knowledge of food law with a certificate from the Chamber of Industry and Commerce (IHK), the so-called host education. Alternatively, proof of appropriate professional training is sufficient.
- Local suitability: The location and condition of your restaurant must not contradict the public interest and must meet certain legal requirements, for example about pollution control and accessibility.
- Building permit: A building permit must be available for the restaurant, which confirms that all structural requirements are met.
Otherwise, when building a new restaurant or taking over an existing restaurant, additional steps must be taken into account, such as registering a business with the municipality/city administration and possibly applying for a representative permit.
Required documents and costs
To apply for a restaurant license, you need various documents, including proof of training from the IHK, a current official certificate of good conduct, information from the central trade register, and if necessary, a building permit and evidence of your previous professional training.
The costs for the permit vary depending on the type and scope of the restaurant but start at a basic fee of €300.00 (as of March 2024) for the unlimited restaurant permit. There are also fees for processing and additional approvals such as the deputy permit.
Here are all the costs in detail:
Provisional restaurant permit
Initial grant: 150.00 euros
Extension: 150.00 euros
Unlimited restaurant permit
The basic fee is 300.00 euros. There is also a fee that depends on the size of the guest room and the number of outdoor seats.
Substitute permission
300,00 Euro
Withdrawal of application
If an application is withdrawn before permission is granted, the pro rata costs will be charged depending on the status of the procedure.
a criminal record
. 13.00 euros
Extract from the central commercial register (GZR)
that. 13.00 euros
Proof of information from the IHK
that. 50.00 euros
Steps to obtain a restaurant license in Munich
With the correct understanding of the requirements and the careful compilation of all the necessary documents, nothing stands in the way of your dream of owning your restaurant in Munich. This guide will walk you through the process, from preparation to submission:
Step 1: Check the requirements
Before you apply, you should make sure that you and your company meet all the requirements:
- You have the necessary reliability, proven by a certificate of good conduct and an extract from the central commercial register.
Link: https://www.fuehrungszeugnis.bund.de/ffw/form/display.do?%24context=70D829D25F6B600E8A57
- You have the necessary knowledge of food law, proven by business training from the Chamber of Commerce and Industry (IHK) or a corresponding professional qualification.
Step 2: Gather the required documents
The following documents are required for the application:
- Proof of instruction from the IHK or proof of previous professional training.
- Official certificate of good conduct to be presented to an authority (not older than 3 months).
- Information from the central commercial register (not older than 3 months).
- Business registration.
- Copy of the building permit with all attachments, including floor plan and site plan.
- Passport/residence certificate.
- For legal entities: Extract from the commercial register and, if applicable, an extract from the central commercial register for the legal entity.
- Usage agreement or lease agreement for the operating premises.
Link: https://stadt.muenchen.de/service/info/hauptabteilung-iii/10164604/
Step 3: Application
You can apply for a restaurant permit at the district administration department (KVR) of the city of Munich. It is advisable to arrange a consultation appointment in advance to clarify any questions and ensure that all documents are complete.
Link: https://stadt.muenchen.de/service/info/gaststaettenerlaubnis-beantragen/1063662/n0/
Step 4: Processing the application
After submission, your application will be examined by the KVR. This process typically involves checking your background, suitability of the premises, and compliance with all relevant regulations and laws.
Step 5: Preliminary permission
If an existing restaurant is taken over without any changes, a provisional permit can be granted that can be revoked. This is valid for three months and can be extended if necessary until all requirements for the granting of a permanent permit have been met.
Step 6: Granting permission
Once all requirements are met and the process is complete, you will receive your restaurant permit. This is the key to starting your catering business in Munich.
Additional information
- Please note that any change in the use of the premises or the operating concept may require a new permit.
- The fees for the restaurant permit vary depending on the scope of your project. Find out early about the costs involved.
With these step-by-step instructions, you will be well prepared to complete the process of obtaining a restaurant license in Munich.
Typical problems in the approval process and possible solutions
Obtaining a restaurant permit in Munich can be associated with various hurdles. Here are some common problems and how to overcome them:
1. Missing or incomplete documents
Problem
Solution
One of the most common stumbling blocks is submitting incomplete or missing documents.
Make sure you carefully gather and review all required documents before submitting your application. Use checklists and advice from the relevant authorities so that you do not overlook any important documents.
2. Insufficient knowledge of food law
Problem
Solution
A lack of knowledge of food law can lead to delays or even rejection of the application.
Attend innkeeper training at the Chamber of Commerce and Industry (IHK) to improve your knowledge. If you have relevant professional training, ensure you submit relevant evidence.
3. Issues with the suitability of premises
Problem
Solution
The premises you choose may not meet all legal requirements, which may result in delays.
Before you sign a rental agreement or make structural changes, clarify with the building authority whether the premises meet the requirements. Take aspects such as safety, pollution control, and accessibility into account.
4. Processing delays
Problem
Solution
The processing of your application may be delayed, especially if information from other authorities or additional authorizations are required.
Maintain regular contact with the relevant authority to check the status of your application and whether further information or documents are required. Patience and proactive action are crucial here.
5. Accessibility requirements
Problem
Solution
The accessibility requirements are often underestimated, which can lead to subsequent adjustments.
Find out about the accessibility regulations early on and plan them into your concept right from the start. This can avoid additional costs and delays.
Link: https://stadt.muenchen.de/infos/barrierefrei-bauen.html
6. Handover or new foundation
Problem
Solution
The specific challenges involved in an existing restaurant or when starting a new business are often underestimated.
A provisional permit and a thorough examination of the previous operating license can help with the takeover. For new businesses, it is advisable to only apply after the building permit process has been completed to ensure that all structural requirements are met.
By recognizing these challenges and addressing them proactively, you can significantly improve your chances of success in obtaining your restaurant license in Munich.
Differences and special features of the restaurant license in Bavaria in general
The legal requirements for the catering industry in Bavaria sometimes differ in parts from those in other federal states. Although the restaurant license is important for operating a restaurant business here, there are some differences and special features that must be particularly taken into account in Bavaria.
Differences compared to other federal states
Bavarian Restaurant Law
Bavaria has its own rules and regulations Restaurant Act. This regulates, among other things, the requirements for issuing a restaurant license, the monitoring of establishments, and special provisions, for example regarding the closing time.
Blackout time regulations
The regulations regarding the blocking period can vary locally in Bavaria. While there are basic requirements at the state level, the municipalities have the opportunity to set their own, different regulations, which can lead to differences in the closing times within Bavaria. In Munich is the lockdown period set at 5 a.m. to 6 a.m.
Non-smoking protection
Bavaria has one of the strictest non-smoking protection laws in Germany. This has a direct impact on restaurant design and the need for separate smoking areas.
Beer gardens
A special feature of Bavaria is the traditional culture of beer gardens. Some other regulations apply to these, in particularBavarian beer garden regulations, for example concerning closing times and the availability of food and drinks.
Special features when applying
- There are many historic cities and buildings in Bavaria. Setting up a restaurant in a listed building can entail additional requirements, for example concerning monument protection.
- Due to the deep-rooted beer culture in Bavaria, there may be special requirements for restaurants that primarily serve beer, especially when it comes to traditional Bavarian beers.
- Bavaria is known for its numerous folk festivals and traditional events. Restaurants operating during such events may require special permits or meet additional requirements.
It is strongly recommended to contact local authorities early to clarify specific requirements and possible peculiarities in the approval process.
Summary and conclusion
The restaurant license is a particularly important factor for setting up and operating a restaurant in Munich. Thorough preparation, collecting all necessary documents, and a deep understanding of the local legal framework are crucial to successfully mastering the process.
By dealing with the challenges early on and proactively seeking solutions, you will lay the foundation for the success of your gastronomic project in Munich. Our step-by-step instructions and the many direct links should be of great help to you.
Please also note our contribution to the general requirements when opening a restaurant in Germany.
