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Niedersachsen 99050023005000, 99050023005000 Typ 2/3

Inhalt

Leistungsschlüssel

99050023005000, 99050023005000

Leistungsbezeichnung

Apply for a travel trade license

Leistungsbezeichnung II

Apply for a travel trade license

Leistungstypisierung

Typ 2/3

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung

Leistungsgruppierung

Gewerbe (050)

Verrichtungskennung

Bescheinigung (022)

SDG Informationsbereiche

  • Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
  • Eintragung, Änderung der Rechtsform oder Schließung eines Unternehmens (Registrierungsverfahren und Rechtsformen für geschäftliche Tätigkeiten)

Lagen Portalverbund

  • Anmeldepflichten (2010100)
  • Erlaubnisse und Genehmigungen (2010400)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

09.09.2024

Fachlich freigegeben durch

Lower Saxony Ministry of Economic Affairs, Transport, Building and Digitalization

Handlungsgrundlage

  • §§ Sections 55, 55a, 55b, 55f of the Industrial Code (GewO) in conjunction with the Showmen's Liability Ordinance (SchauHV), 57 (2) and (3), 60b GewO

Teaser

If you do not have a commercial establishment or wish to offer goods for sale, services or entertaining activities as a showman or showwoman or as a showman or showwoman, you must apply for a permit (traveling trade license).

Volltext

You operate a traveling trade and require a permit from the competent authority (traveling trade card) if you commercially without prior appointment outside your commercial establishment or without having such an establishment

offer goods for sale or seek out or purchase orders or

offer services or seek orders for services.

This includes in particular activities such as

visiting homes or stores (door-to-door sales) without prior order,

offering goods and services on the street or in public places,

entertaining activities as a showman or in the manner of a showman (typical fairground business).

The prerequisite for the granting of the permit (travel trade license) is the personal reliability of the applicant with regard to the specific travel trade activity envisaged.

For the exercise of licensed trades (including security guards, real estate agents, property developers, construction supervisors, investment advisors, insurance brokers, insurance advisors) in the travel trade, additional requirements are imposed in line with the requirements for established trades.

Any expansion of the commercial activity or the goods and services offered is subject to renewed approval and will be added to the existing travel trade license upon application. The traveling trade license is valid nationwide.

If you employ staff, they will require a duplicate or certified copy of your traveling trade card. The traveling trade card or a copy or duplicate must be carried during the traveling trade activity.

Travel trade card-exempt activity

You do not need a traveling trade card for some traveling trade activities. This applies, for example, to

the sale of foodstuffs or other everyday goods if these are sold from non-fixed, i.e. mobile, sales outlets at regular, short intervals at the same location,

the offering for sale of printed works in street sales (mobile newspaper sales)

However, these activities are subject to the other provisions for the itinerant trade (e.g. the obligation to notify), unless otherwise specified there.

Erforderliche Unterlagen

Identity document

Identity card or other official identification document with photo (not required for electronic applications).

Residence permit if the applicant is not a national of an EU country.

Certificate of good conduct for presentation to an authority

according to document type O.

Extract from the central trade register for submission to an authority

according to document type 9.

Current excerpt from the commercial or association register

Registered companies should submit a current extract from the register when submitting their application. Legal entities in the process of being founded (GmbH, AG) submit the articles of association or articles of incorporation.

If applicable, certificate from the public health department confirming instruction in accordance with the Infection Protection Act

According to the regulations of the Infection Protection Act, this is only required when manufacturing, treating or placing food on the market

Voraussetzungen

Commercial reliability

(Reliability is checked on the basis of various documents. As a rule, you do not have the required reliability if you have been convicted of a crime or of theft, embezzlement, extortion, fraud, embezzlement, money laundering, forgery, receiving stolen goods, usury or an offense against the Unfair Competition Act in the five years prior to submitting the application).

Kosten

Abgabe: 377€

This is based on the respective administrative fee schedule of the federal state or the fee statutes of the authorities responsible under federal state law.

The trade authorities in Lower Saxony charge corresponding fees in accordance with the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees - AllGO).

For the itinerant trade, the amount of the fee is based on "time spent" in accordance with section 40.1.19 of the annex to § 1 para. 1 AllGO

Verfahrensablauf

Once you have submitted the application for a traveling trade license to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.

If all documents are complete, you will receive the requested travel trade license.

Bearbeitungsdauer

If the documents are complete, the application will be processed promptly.

Frist

The itinerant trade license must be issued before the start of the activity, so it is necessary to submit the application in good time (several weeks before the intended start of operations).

If you have applied for a permit for a traveling trade activity, the permit is deemed to have been granted if the authority has not made a decision on your application within three months of receiving the complete documentation

It is an offense to operate without the required travel trade license.

Weiterführende Informationen

If you have a traveling trade card, you are obliged to carry it with you while carrying out your trade. If you use a sales outlet or other facility (e.g. a sales trolley), you must display your surname and first name or company name visibly on the outside.

Self-employed entertainment activities as a showman or showwoman or as a showman or showwoman belong to the traveling trade and require a traveling trade card on the part of the person running the business. If the person running the business does not work at the location of the performance themselves, they must provide the employees present there with a duplicate of the traveling trade license.

Anyone who is self-employed as a showman or showwoman or who carries out an insurable activity in the traveling trade must take out liability insurance for himself and the persons employed in his business to cover personal injury and property damage caused by his or their activity and maintain it for the duration of his activity.

Hinweise

In some cases, you may also need to submit additional documents or evidence. Please clarify this with your responsible office.

In the case of legal entities (limited liability companies, business companies, public limited companies, registered cooperatives), the application form only needs to be completed for the legal entity itself. All personal documents must be obtained for all natural persons authorized to manage the company (e.g. certificate of good conduct for submission to authorities) or submitted (e.g. identity papers).

In the case of partnerships that are not themselves eligible for a permit (GbR, KG, OHG, PartG, GmbH & Co. KG), each managing partner requires a permit (travel trade card), meaning that an application form and all personal documents are required for each person.

Rechtsbehelf

In Lower Saxony, preliminary proceedings are not provided for under Section 80 of the Lower Saxony Judiciary Act. Therefore, no objection is permitted. Instead, an administrative court action must be brought directly.

Kurztext

Traveling trade permit

Anyone who does not have a commercial establishment or who wishes to offer goods for sale, services or entertainment activities as a showman or showwoman or in the manner of a showman or showwoman requires a permit (traveling trade license)

The traveling trade license may be restricted in terms of content, issued with a time limit and subject to conditions, insofar as this is necessary for the protection of the general public or consumers; under the same conditions, the subsequent inclusion, amendment and addition of conditions is also permitted

Competent authority: Responsibility depends on the respective state law

Ansprechpunkt

Responsibility under trade law in Lower Saxony is determined by the Ordinance on Responsibilities in the Field of Commercial Law and Other Areas of Law (ZustVO-Wirtschaft).

Pursuant to § 1 Para. 1 Sentence 1 in conjunction with No. 1 of Annex 1 to § 1 Para. 1 ZustVO-Wirtschaft, the following are responsible for enforcing the GewO:

Districts, independent cities, large independent cities, independent municipalities.

Zuständige Stelle

nicht vorhanden

Formulare

  • Each city/municipality has different forms that you can have sent to you in advance
  • Written form required: no
  • Personal appearance on site for application: no
  • Online procedure possible: yes