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
- Your reliability will be verified based on your certificate of good conduct and your extract from the Central Trade Register.
- For legal entities, reliability must generally be demonstrated by the managing director.
Suitability of the Premises and Location
- 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.
