Catering trade – Derogating measures – Minimum equipment

General information

Persons running any catering trade must keep business premises and any other premises as well as the equipment thereof in good repair at all times. They are, furthermore, obliged to ensure the compliance of any business premises and other related premises, and the equipment thereof, as well as the operative business, with the requirements of the business run.

If necessary, the provincial governor, taking into account tourism-specific, as well as regional and local particularities, may pass a decree specifying any minimum equipment. By doing so, measures to be complied with by the traders when running their business are specified.

On application exemptions (derogating measures) from the regulations specifying any minimum equipment may be granted.

Requirements

The derogating measures must ensure the maintenance of minimum standards as adequate to the related business activities.

Deadlines

No special time-limits need be observed.

Competent authority

The trade authority having territorial for the trade premises:

• the District Authority
• in cities with their own municipal law^{German text}: the Municipal Administration^{German text}
• in Vienna: the Municipal District Office (→ City of Vienna)^{German text} (Betriebsanlagenzentrum)

Procedure

Applications can be made in person, in writing, or also electronically. Applications must include any compensatory measures.

Required documents

No special documents are necessary.

Costs and fees

There are no stamp duties and federal administration fees (section 333a of the Gewerbeordnung).

Legal bases

section 112 paragraph 2c of the Gewerbeordnung (GewO)