Business Registration (Gewerbeanmeldung)
In Germany, the first fundamental step to legally start any business, including a restaurant, is to register it with the local trade office, known as the Gewerbeamt. This registration process, known as Gewerbeanmeldung, involves filling out a form that provides essential information about your business, such as the nature of the business, the business address, and details about the owner. Upon successful registration, you’ll receive a certificate confirming your registration, which is necessary for various administrative tasks, such as opening a business bank account, signing contracts, and, importantly, for taxation purposes.
Food Safety Training (Lebensmittelhygieneschulung)
In Germany, it’s mandatory for restaurant owners and any employees who will be handling food to undergo a specific food safety training . This training educates participants on critical food hygiene regulations and best practices to prevent foodborne illnesses. Upon completion of the training, participants receive a Lebensmittelhygieneschulung certificate, also known as a food hygiene certificate, which serves as proof that they are equipped with the knowledge required to safely handle food in a commercial setting. This certificate is often a prerequisite for receiving approval to open a restaurant from the Health Department.
Health Inspection Approval (Gesundheitsamt Genehmigung)
Prior to opening a restaurant in Germany, you’ll need to obtain approval from the Health Department, known as the Gesundheitsamt. This governmental body carries out an inspection of your restaurant’s premises to ensure that it complies with all relevant health and safety regulations, including cleanliness standards, proper food storage, and waste disposal. Passing this inspection is crucial; failing to meet the required standards could result in not being allowed to open your business or facing legal consequences. Once you have successfully passed the inspection, you will be granted a Gesundheitsamt Genehmigung, which allows you to operate your restaurant legally.
Concession License (Konzession)
In Germany, operating a restaurant usually requires a special type of permit known as a Concession License or Konzession. This permit is particularly essential if your restaurant plans to serve alcohol. To obtain a Konzession, you must apply to the local regulatory authority, commonly referred to as the Ordnungsamt. The application process of Concession License ( Konzession) involves several checks, including reviewing your reliability as a business operator and ensuring that your restaurant meets all local ordinances and safety requirements. Once granted, the Konzession allows you to operate your restaurant legally and is often subject to periodic reviews to ensure ongoing compliance with regulations.
Liquor License (Schankerlaubnis)
If you intend to serve alcoholic beverages in your restaurant in Germany, obtaining a Liquor License, known as Schankerlaubnis, is a legal requirement. The license is issued by the local public order office, commonly called the Ordnungsamt. The process to acquire a Schankerlaubnis involves an application where your personal reliability and the suitability of your premises will be assessed. Additionally, you may also need to prove knowledge of laws concerning the sale of alcohol. Once approved, the license stipulates the types of alcohol you can serve and the hours during which alcohol can be sold. Violating the terms of your Schankerlaubnis could lead to fines, legal action, and even the revocation of the license.
Planning Permission (Baugenehmigung)
Before commencing construction or significant renovations for your restaurant in Germany, you’ll likely need to secure Planning Permission, known as Baugenehmigung, from the local building authority or Bauamt. This permission ensures that your restaurant complies with zoning laws, building codes, and other relevant ordinances. To obtain Baugenehmigung, you’ll need to submit architectural plans, a description of your intended operations, and possibly other studies like traffic impact assessments. Once submitted, these plans undergo a rigorous evaluation, and you may be required to make alterations to comply with local standards. Failure to secure or adhere to the terms of your Baugenehmigung can result in hefty fines, legal repercussions, and could even halt your operations.
Fire Safety Inspection
Restaurants are usually required to pass a fire safety inspection, and in some cases, you may be required to install fire suppression systems.
Public Liability Insurance (Betriebshaftpflichtversicherung)
While not a formal permit or license, obtaining Public Liability Insurance, known as Betriebshaftpflichtversicherung, is strongly recommended for restaurant owners in Germany. This type of insurance provides protection against potential legal claims that could arise from incidents such as accidents, injuries, or property damage occurring within the premises of your restaurant. Coverage usually includes legal defense costs and any compensation or settlement amounts, up to a specified limit. Given the high level of customer traffic and the risks associated with food service, having robust public liability insurance can offer essential financial security and is sometimes considered a prerequisite by landlords or financiers.
Music License (GEMA License)
If you plan to play copyrighted music in your restaurant, you will need to pay fees to the German music licensing agency GEMA.
Signage Permit
Depending on local ordinances, you might also need a permit for any outdoor signage you plan to use for your restaurant.
Accessibility Permits
Your restaurant may also need to comply with local, state, and federal laws related to accessibility for people with disabilities.
Waste Disposal Licenses
Restaurants generate a significant amount of waste, including special waste like oils or fats. Make sure you have the necessary permissions for waste disposal.
Trademark Registration (Markenanmeldung)
If you aim to protect the unique name, logo, or brand identity of your restaurant in Germany, you can do so through Trademark Registration, known as Markenanmeldung. This registration is carried out through the German Patent and Trade Mark Office, or Deutsches Patent- und Markenamt. The process involves submitting an application that includes specific details about the trademark you intend to register, such as visual representations and the categories of goods or services it will represent. Once the application is approved and the trademark is registered, you gain exclusive rights to the name or logo, preventing others from using anything substantially similar in the same business category. This can be vital for establishing brand recognition and safeguarding your restaurant’s reputation.
