Itinerant Trader s Licence

Transcription

1 This document can be accessed at under Doc. No Itinerant Trader s Licence Itinerant trades include hawking goods and running one s own stall at a private market. Anyone wishing to practise an itinerant trade will require a permit under the Industrial Code, known as an Itinerant Trader s Licence (Reisegewerbekarte). They will also need a special use permit or special dispensation if they want to trade on public thoroughfares. Table of Contents Itinerant Trader s Licence Who Operates an Itinerant Trade? Which Activities are Prohibited? Who Needs an Itinerant Trader s Licence?... 3 Employees... 3 Established markets... 3 Activities which are exempt Applications, Validity and Costs Other Essential Permits... 5 Special use permit... 5 Road user s permit Additional Regulations Agencies Issuing Itinerant Trader s Licences and Other Permits... 7 Your Contact: Juliane Griesbach juliane.griesbach@berlin.ihk.de 1

2 1. Who Operates an Itinerant Trade? This applies to anyone who buys or sells goods, offers services or takes orders for services (cf. Art. 55(1) GewO [Industrial Code]) in an unsolicited manner (e.g., without first making an appointment) elsewhere than at his business premises (cf. Art. 4(3) GewO) or who has no such premises. Examples include door-to-door salesmen, sales from a vendor's tray, all other forms in which a commercial activity is offered in an itinerant manner (e.g., including the fabrication, finishing or repair of movable goods, such as the sharpening of knives, scissors, etc.) traders operating a street stall which is erected and dismantled every day or self-employed street entertainers. N.B.: Street entertainers who perform certain particularly high-risk activities must be in possession of an insurance policy covering civil liability (cf. Art. 55 f GewO and To summarise, if you operate from fixed premises, the customer will come to the trader (even if only by phone), whilst in the case of itinerant trades, the initiative to provide the service comes from the trader, who goes to the customer (without solicitation). 2. Which Activities are Prohibited? On the whole, itinerant traders are allowed to offer the same services as someone operating from fixed premises. However, some activities are prohibited where there are specific risks involved (for a list, cf. Art. 56 GewO). Examples include the following: the offer and sale of precious metals and alloys containing precious metals in any form, as well as goods with precious metal plating; exceptions are silver jewellery up to a sales price of EUR40 and silver-plated items; the offer and sale of gemstones, ornamental stones and synthetic stones as well as pearls; the sale of poisons and toxic items; the sale of securities and lottery tickets; alcoholic beverages (exceptions are beer and wine in sealed containers, alcoholic beverages made from home-produced viticultural, agricultural, horticultural or orchard produce, and alcoholic beverages served at and in the course of a special event by a fixed establishment for immediate consumption at that location). 2

3 3. Who Needs an Itinerant Trader s Licence? Basically, anyone who wishes to practise an itinerant trade requires a special permit known as an Itinerant Trader s Licence. This must always be carried about his person by the trader whilst in the performance of his trade. Practising a trade without an Itinerant Trader s Licence is an administrative offence and may result in the trader being liable to pay a fine. There are a few exceptions to this basic principle of requiring a permit. In particular, an Itinerant Trader s Licence is not required for: Employees Since mid-2007, employees occupied in itinerant trades have been no longer required to be issued an Itinerant Trader s Licence (Second Law on the Elimination of Bureaucratic Obstacles for Small and Medium-Sized Companies, Federal Gazette 2007, Part I No. 47, 13/9/2007). Consequently, it is important to note the following: Only the principal (employer/ trader) requires the Itinerant Trader s Licence. However, the employee must have a duplicate or certified copy of the proprietor s Itinerant Trader s Licence, if he or she is to be in direct contact with customers (Art. 60 c (2) GewO). The trader (principal) may be prohibited from employing an individual in an itinerant trade, if there is reason to suppose that, pursuant to Art. 60 GewO, the (employed) individual is not sufficiently reliable to practise the trade. Established markets Participation in established markets is not considered an itinerant trade. Consequently, anyone wishing to run a market stall at a weekly market must merely address his enquiry to the market master (as well as registering the business as required under Art. 14 GewO). More information is available from our leaflet on the regulation of trade fairs, exhibitions and markets (Festsetzung von Messen, Ausstellungen und Märkten). Activities which are exempt Some activities may be conducted without having to obtain an Itinerant Trader s Licence, pursuant to Art. 55 a GewO. This applies to examples such as the following: the sale of home-produced fruit and vegetables or agricultural, forestry, horticultural or beekeeping produce; practising an itinerant trade in one s local community or that where the business is established, provided the community has no more than 10,000 inhabitants; 3

4 the sale of foodstuffs or other daily essentials from a mobile sales outlet, if the sales are made at frequent, regular intervals from the same location; the sale of printed matter on public footpaths, roads, squares or other public places. The business may have to be registered with the Trade Licensing Office pursuant to Art. 55 c GewO. In the latter three cases, however, the relevant Trade Licensing Office must be notified of the start of trading, unless business registration is required in any case (Art. 55c GewO) for the operation of a business from fixed premises. Neither is an Itinerant Trader s Licence required pursuant to Art. 55 b GewO, if the trader calls on other individuals as part of his own business operation. This also applies to commercial travellers and others acting on behalf of and in the name of a trader. 4. Applications, Validity and Costs Before an Itinerant Trader s Licence can be issued, it must first be demonstrated that the applicant is a reliable person. The applicant must submit a certificate of good conduct and an extract from the Central Business Register to the authority for this purpose. Applications are made on forms which are available from the Business Agency (Wirtschaftsamt). Jurisdiction is based on the applicant s place of residence. A list of the agencies responsible for issuing Itinerant Trader s Licences and other permits is to be found in Section 7. Documents which must accompany your application: The completed application form A personal identity card or passport for inspection If applicable, right of unlimited residence or a residence permit or residence title for exceptional purposes which entitle the holder to practise a self-employed trade If applicable, an extract from the Registers of Companies or Associations A certificate of good conduct for submission to the authority Information from the Central Business Register (Gewerbezentralregister) for submission to the authority (Two) photograph(s) If offering foodstuffs for sale (with the exception of fruit and vegetables), a certificate pursuant to Art. 43 of the Infectious Diseases Protection Act (issued by the Public Health Department (Gesundheitsamt)) The administration fee You should also note the following: 4

5 The type of goods on offer should be described in the application. The permit will remain valid for life; a temporary permit will be issued only upon application. The Itinerant Trader s Licence is usually issued for an unlimited period. It is valid throughout the territory of the Federal Republic of Germany. The sliding scale of fees for an Itinerant Trader s Licence is between EUR44.99 and EUR The actual fee will depend upon the type of activity which is to be pursued. 5. Other Essential Permits Obtaining an Itinerant Trader s Licence is often not the end of the story. If the itinerant trader intends to operate on a public thoroughfare, he will need a special use permit (Standschein [stall permit]) and/or a road user s permit from the relevant authority. N.B.: Some of the complexity was removed from the special use legislation in the Second Legislative Simplification and Reduction of Bureaucracy Act. The introduction of Art. 13 of the Berlin Roads Act means that a special use permit is no longer required, provided that under the terms of the Road Traffic Act (Art. 29(2), Art. 46 StVO) a road user s permit must in any case be obtained for the specific intended purpose. This removes one stage from the licensing and application procedure. As a result, the itinerant trader only has to obtain one permit from the road traffic authorities. All of the aforementioned permits are issued in respect of an individual, and are not transferable. Special use permit Any special use of public roads requires a permit. The activities of an itinerant trader can generally be described as special use, because the streets are being used for other than public use (going from A to B). Special use typically includes displays of goods, stalls or arts and crafts offered for sale in the street. Sales from vendor s trays of fast food or other goods are also categorised as a special use of public thoroughfares and require a permit. Applications must be lodged with the city district in which the itinerant trader intends to be based, or where a street vendor will be conducting most of his activities (place of use). If he intends to operate in several districts, he should notify the first district authority he contacts accordingly; the authority will then obtain the other permits through internal channels and issue them by proxy. One can usually expect the special use permit to be issued. It may be rejected, however, if granting it would be contrary to the overriding public interest, it would seriously impair enjoyment of public use or if the type of special use is likely to result in unacceptable emissions or nuisances. Special use permits will be issued for the central area of Berlin between Victory Column (Siegessäule) and Alexanderplatz and for Breitscheidplatz, unless the purpose for which they are issued is in stark contrast to concerns associated with the safeguard of the cultural and 5

6 architectural heritage of these areas, which are in particular need of special protection. Detailed rules have been laid down in the implementing provisions of the Berlin Roads Act. The fees for special use depend on the location of the street and the type of use. The charge is EUR2.50 per square metre per day for trade and other service stands in the city centre (in Band I), e.g., on Potsdamer Platz or near the Zoo. The fee for selling goods from vehicles with no fixed location is EUR50 per month. More information on obtaining a special use permit can be found in our leaflet about this permit (Sondernutzungserlaubnis (Doc. No )). Road user s permit Given the risks associated with the use of public thoroughfares, street events require a road user s permit pursuant to Art. 29(2) StVO (Road Traffic Regulations) in addition to a special use permit; for other types of special use, a special dispensation must be obtained from the traffic authorities under Art. 46 StVO. Jurisdiction is based on the trader s place of residence. 6. Additional Regulations Pursuant to Art. 56 a of the Industrial Code, the trader s name including at least one of his first names or the name of his company must be written on sales equipment such as cars, handcarts, tables, etc. (e.g., in the form of a sign which can be clearly read by customers). In addition to the provisions of this Code, foodstuffs legislation must be observed, if you are selling ice-cream, for instance. Traders wishing to sell certain foodstuffs must receive initial instruction from the Public Health Department (Gesundheitsamt) or a doctor acting on its instructions pursuant to the IfSchG (Infectious Diseases Protection Act). The certificate of attendance must be no more than three months old when you start trading (cf. Art. 43 IfSchG). You should also note that you must attend a briefing on prohibited activities and other obligations every two years, and your attendance must be adequately documented. You must also retain any certificates/documentation relating to the initial and subsequent briefings and present them to the authorities upon request. Itinerant traders must also comply with the provisions of the Hours of Trading Act (Ladenschlussgesetz) and the Act on the Protection of Sundays and Public Holidays (Gesetz über den Schutz der Sonn- und Feiertage); there are exceptions for street entertainers, hawkers of goods and self-employed traders who call on other individuals as part of their own business operation (cf. Art. 55 e(1) GewO). The trader must also maintain a record of his sales for tax purposes (Steuerheft), and keep it with him when he is practising his trade. Itinerant traders who meet the conditions specified in Art. 68 of the Value Added Tax Ordinance (Umsatzsteuer-Durchführungsverordnung (UStDV)) may, however, be exempt from this obligation. Additional information is available from the Tax Office (Finanzamt). 6

7 7. Agencies Issuing Itinerant Trader s Licences and Other Permits District Itinerant Trader s Licence Special Use Permit Road User s Permit Charlottenburg Wilmersdorf Wirtschafts- und Hohenzollerndamm Berlin +49 (0) 30/ Wirtschafts- und Hohenzollerndamm Berlin +49 (0) 30/ Wirtschafts- und Hohenzollerndamm Berlin +49 (0) 30/ (0) 30/ Friedrichshain Kreuzberg Yorckstr Berlin Yorckstr Berlin Yorckstr Berlin +49 (0) 30/ (0) 30/ (0) 30/ Lichtenberg Hohenschönhausen Bezirksamt Lichtenberg von Berlin, Grosse-Laage-Str Berlin +49 (0) 30/ (0) 30/ (0) 30/ (0) 30/ Bezirksamt Lichtenberg von Berlin, Abt. Stadtentwicklung, Bauen, Umwelt und Verkehr - Strassenbaubehörde () Berlin +49 (0) 30/ Bezirksamt Lichtenberg von Berlin, Strassenverkehrsbehörde Grosse-Laage-Str Berlin +49 (0) 30/ (0) 30/ (0) 30/ (0) 30/ Marzahn Hellersdorf Premnitzer Str. 11, Berlin Premnitzer Str. 11, Berlin Strassenverkehrsbehörde Premnitzer Str Berlin +49 (0) 30/ (0) 30/ (0) 30/ (0) 30/ (0) 30/ (0) 30/ (0) 30/ (0) 30/ (0) 30/

8 Mitte Wedding Tiergarten Bezirksamt Mitte von Berlin, Abteilung Stadtentwicklung, Bauen, Wirtschaft und Ordnung Karl-Marx-Allee Berlin +49 (0) 30/ Bezirksamt Mitte von Berlin, Tiefbau- und Landschaftsplanungsamt, Karl-Marx-Allee Berlin +49 (0) 30/ Bezirksamt Mitte von Berlin, Tiefbau- und Landschaftsplanungsamt, Karl-Marx-Allee Berlin +49 (0) 30/ Neukölln Juliusstrasse Berlin +49 (0) 30/ Juliusstrasse Berlin +49 (0) 30/ Strassenbehörde Juliusstrasse Berlin +49 (0) 30/ Pankow Prenzlauer Berg Weissensee Fröbelstr Berlin Darsserstr Berlin Darsserstr Berlin +49 (0) 30/ (0) 30/ (0) 30/ Reinickendorf Lübener Weg Berlin Lübener Weg Berlin Lübener Weg Berlin +49 (0) 30/ (0) 30/ (0) 30/ Spandau Galenstr Berlin Carl-Schurz-Str. 2/ Berlin Carl-Schurz-Str. 2/ Berlin +49 (0) 30/ (0) 30/ (0) 30/ Steglitz Zehlendorf Gewerbeamt Königin-Luise-Str Berlin Hartmannsweilerweg Berlin Strassenverkehrsbehörde Hartmannsweilerweg Berlin +49 (0) 30/ (0) 30/ (0)

9 Tempelhof Schöneberg Bezirksamt Tempelhof- Schöneberg Abt. Jugend, Ordnung und Bürgerdienste Tempelhofer Damm Berlin +49 (0) 30/ (0) 30/ (0) 30/ Bezirksamt Tempelhof/ Schöneberg Abt. Bauwesen, Fachbereich Tiefbau Tempelhofer Damm Berlin +49 (0) 30/ Bezirksamt Tempelhof- Schöneberg Strassenverkehrsbehörde Tempelhofer Damm Berlin +49 (0) 30/ Treptow Köpenick Salvador-Allende-Str. 80 a Berlin Dahmestr Berlin Salvador-Allende-Str. 80 a Berlin +49 (0) 30/ (0) 30/ (0) 30/ (0) 30/ IHK Berlin publishes leaflets as a service for its member companies. These are intended to provide a brief introduction to the legal principles involved, and do not claim to be exhaustive. They are no substitute for the extensive advice available from a lawyer/tax advisor who has carried out a detailed assessment of your individual circumstances. 9