Gaststättengewerbe - Weiterführung durch Erben anzeigen

Landesgaststättengesetz (LGastG):

• § 1 in Verbindung mit § 10 Gaststättengesetz (GastG) Weiterführung des Gewerbes

Gewerbeordnung (GewO):

• § 14 Anzeigepflicht

Is the holder of the restaurant licence deceased? Then you may continue to run the restaurant on the basis of the previous licence if you belong to the following groups of people:

• Wife or husband
• Life partner
• the underage heirs during the period of minority

Note: The following persons may also continue to run the business, but only for up to ten years after the inheritance:

• Administrators of the estate
• Estate administrators and estate curators
• Executors of the will

• Copy of the identity card or a comparable identification document
• Death certificate of the licence holder
• Proof that you belong to the above-mentioned group of authorised persons
• Proof of training from the Chamber of Industry and Commerce(IHK) responsible for you (certificate from the IHK confirming participation in training on food and hygiene regulations) or certificate from the IHK confirming the existence of a final examination for a state-recognised training occupation that makes the training unnecessary
• For proof of personal reliability:
  • If resident in Germany:
    • Certificate of good conduct
    • Extract from the central trade register
  • If you live abroad: Documents from your home country that prove your personal reliability.

The competent authority may request further documents to verify your personal reliability.

The prerequisite is that you continue to run the catering business unchanged.

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You must notify the competent authority of the continuation of the catering business. You can do this verbally or, for the purposes of proper documentation, in writing or in electronic form.

Note: You must register the start of operation by yourself as a business due to the utilisation of the right of continuation.

You must report the offence immediately if you make use of your right of continuation.

Instead of claiming the right to continue the business, you can also apply for your own pub licence. If you want to change the restaurant business before or during the continuation of the business, for example by adding additional premises, you will need a restaurant licence in any case.

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