Reisegewerbe Bewilligung von Ausnahmen zu Verboten

§ Section 56 (2) sentence 3 of the Trade Regulation Act (GewO)

The following activities are prohibited in the itinerant trade; exceptions may be permitted in individual cases:

- Distribution of

• Poisons and goods containing poisons
  (exception: plant protection products, pesticides and wood preservatives for which a test certificate with test mark has been issued in accordance with building regulations)
• Hernia bandages, medical bandages, medical support devices and bandages, orthopaedic foot supports, spectacles and eyeglasses
  (exception: safety spectacles and prefabricated reading glasses)
• electromedical devices including electronic hearing aids
  (exception: devices with direct heat exposure)
• securities, lottery tickets, subscription and share certificates for securities and lottery tickets
  (exception: sale of lottery tickets within the framework of authorized lotteries for charitable purposes on public paths, streets or squares or other public places)
• Writings that are distributed with the promise of prizes or winnings

- Offering and the purchase of

• Precious metals (gold, silver, platinum and platinum alloys) and alloys containing precious metals in any form as well as goods with precious metal plating
  (exception: silver jewelry up to a sales price of EUR 40.00 and goods with silver plating)
• Precious stones, gemstones and synthetic stones as well as pearls

- Offering alcoholic beverages
(exception: beer and wine in tightly sealed containers, alcoholic beverages made from self-produced products from viticulture, agriculture or fruit and horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials, where the raw materials are not fermented by the customer, and alcoholic beverages that are served for consumption on site as part of and for the duration of an event from a fixed place of business)

- the conclusion and brokering of repurchase transactions (pawnbroking) and the brokering of loan transactions for the borrower in return for payment

Exceptions to these prohibitions may be permitted in individual cases. These must be applied for with the competent authority.

Anyone wishing to operate a traveling trade always requires a permit, a so-called traveling trade card.

• Travel trade license (if required; §§ 55a, 55b GewO)
• Identity card or passport with registration certificate
• Documents documenting the project, if applicable

The competent authority may request further documents.

In order for the competent authority to grant you an exemption from the prohibitions for the itinerant trade, you must already be in possession of an itinerant trade license.

Once you have submitted the application for an exemption from the prohibitions on itinerant trades to your competent authority and all documents have been submitted in full, the competent authority will check whether you meet the relevant requirements.

If you meet all the requirements, you will be granted an exemption from the bans on the itinerant trade.

You may only start your activity once you have received written approval of the exemption.

• Contradiction (depending on state law, an appeal may be excluded)
• Administrative court action

• Authorizing exceptions to the prohibitions for the itinerant trade
• In individual cases, approval of activities in the itinerant trade that are generally prohibited; exceptions to prohibitions must be applied for from the competent authority; the exemption permit is limited to the area of responsibility of the issuing authority and is always limited in time; the exemption permit can be limited to certain types of events
• Responsible: Local regulatory authority

• Depends on the respective state law
• NRW: Local regulatory authorities

• Written form required: no
• Online procedure possible: yes
• Personal appearance required: no