Yes! A business license is required to operate a restaurant.
A catering establishment is defined as
- Drinks are served for consumption on the premises (pub) or
- prepared food is served for consumption on the premises (restaurant) and the establishment is accessible to the general public or specific groups of people.
Since July 1, 2005, restaurants that do not serve alcohol are not required to obtain a license. All that is required is a business registration. The regulations applicable to all restaurants (food law, building law, youth protection, closing times) must also be observed by establishments that do not require a license.
If you want to run a restaurant that also serves alcohol, you will also need a license (restaurant license). This license is issued by the relevant public order office in the municipality or city. Certain requirements must be met in order for such a restaurant license to be granted. In addition to the personal reliability and professional qualifications of the applicant, the property-related requirements of the restaurant premises in question must also be demonstrated. If all criteria are met, the applicant receives a license, which is, however, restricted to one operator, a certain type of operation, and the specified premises. The license cannot be transferred to other catering properties.
For a successful business registration and/or license, you will need the following documents for your application:
- Floor plan of all operating rooms
(bar area, kitchen, dining areas, accommodation areas, toilet facilities including any staff toilets and food and beverage storage rooms; including any outdoor dining areas or sidewalk areas) in duplicate, drawn to scale at 1:50 or 1:100 and signed by the applicant - Sectional drawing of the commercial premises in duplicate, on a scale of 1:50 or 1:100, signed by the applicant
- Site plan in duplicate, signed by the applicant (available from the city or district land registry office)
- Building permit with certificate of acceptance following inspection of the building condition; if an existing restaurant is taken over without any changes to the type of business or the premises, the building permit does not need to be submitted.
- Copy of the lease or rental agreement
- Certificate of good standing from the tax office of your place of residence
- Certificate of good standing from the tax office of the place of residence
- Extract from the debtor register of the local court responsible for the place of residence
- Certificate of good conduct (type 0) from the Federal Central Register in Berlin, to be requested from the registration office
- Extract from the Central Trade Register in Berlin, to be requested from the registration office
- Identity card or passport with registration confirmation; for foreign nationals, proof of residence permit
- Copy of the certificate of instruction (or registration confirmation) from the Chamber of Industry and Commerce
- Legal entities (GmbH, AG, e.V.) must also submit an extract from the commercial or association register and a copy of the articles of association or statutes
 
Types of operation
In addition to a bar, there are other types of operation:
- the refreshment bar ("kiosk," "standing bistro")
A normal "kiosk" does not require a special permit; it is a retail business and is subject to the Shop Opening Hours Act of North Rhine-Westphalia. Important: Anyone who sells bottled beer in a kiosk also operates a bar or restaurant if the beer is consumed in the counter area. Special facilities such as seating or bar tables are not required for this. It is also irrelevant whether the seller approves of immediate consumption or not; it is sufficient that they tolerate it. - Discotheque, music restaurant (without live music). A license for such a restaurant is only possible if additional sound insulation requirements are met. The building authority must give its approval for this.
- Entertainment restaurant (with live music)
- Dance hall (also observe sound insulation requirements)
- Bar, cabaret, bar-like establishment
