Ladenöffnungszeiten; Beantragung einer Ausnahme

In Bavaria, the federal law on store closing times applies. Exceptions to store opening hours must be applied for with the responsible authority.

Responsibilities for store closing times are distributed among various authorities and bodies. As a rule, the district administrative authority and/or the municipality are the points of contact.

Principle

In Bavaria, the federal Shop Closing Hours Act (LadSchlG) applies. Consequently, sales outlets may generally be open on weekdays from 6:00 am to 8:00 pm. Bakeries may open as early as 5:30 am.

There are numerous exceptions, some of which are based on certain commercial areas (e.g. petrol stations, pharmacies), certain local conditions (e.g. health resorts and resorts, rural areas, passenger stations, airports) or certain goods (e.g. confectionery and baked goods, dairy products).

Special opening on the occasion of markets, trade fairs and similar events

Retail outlets may be open on a maximum of four Sundays or public holidays per year on the occasion of markets, trade fairs or similar events. In Bavaria, these days are determined by the local authorities. However, Sundays open for business may not be scheduled in December.

State ordinance, Sunday opening as part of the "health resort and excursion destination regulation

Stores selling a limited range of goods (including devotional items, bathing articles, typical local items) may open on Sundays and public holidays in spa, excursion, recreation or pilgrimage destinations if the respective location is listed in the annex to the Shop Closing Regulations.

Sale of flowers

Sales outlets where flowers are sold to a significant extent may be open for a period of two hours, but for a period of six hours on November 1 (All Saints' Day), on Remembrance Day, on the Sunday of the Dead and on the first Sunday of Advent.

Special opening hours

According to the current legal situation in Bavaria, temporary exceptions to general store closing times can only be granted if the exceptions are urgently required in the public interest. The so-called "urgent public interest", as opposed to mere private/individual or economic interest, is limited to cases of exceptional need, in particular a supply need of the population, and can therefore be assumed, for example, if the supply of a large number of people with food in emergencies or at major supra-regional events with an exceptional number of visitors makes deviating opening hours necessary.

The respective government is responsible for these exceptions, which are urgently required in the public interest and relate exclusively to one administrative district. The Bavarian State Ministry for Family, Labor and Social Affairs is responsible for granting exceptions that affect more than one administrative district.

Currently, requests for exceptions to extended store opening hours can be approved once a year per municipality if, among other things, the event takes place on weekdays, the municipality has submitted a request for an exception and the focus is not purely on shopping, but is to be seen in connection with a cultural event. The approval of deviating store opening hours can only be granted for the core area of the municipality (street names must be explicitly listed; if applicable, with the house number).

The information about the respective event must be communicated exclusively by the municipalities to the responsible authorities. In doing so, the municipality must state whether there is an "urgent public interest" from its point of view. A notification from an individual company or an interest group cannot justify an "urgent public interest" and therefore does not lead to an exceptional permit in this sense.

Store closing times for petrol stations

Sales outlets must be closed on Sundays and public holidays and from Monday to Saturday until 6:00 a.m. and from 8:00 p.m. for business dealings with customers. There is an exception to these general closing times for petrol stations so that the supply needs of travelers can be met.

Petrol stations may be open throughout the day on all days. During general closing times (until 6:00 a.m. on weekdays and from 8:00 p.m. on Sundays and public holidays), petrol stations are only permitted to sell travel supplies. According to § 2 Para. 2 LadSchlG, this term includes newspapers, magazines, street maps, city maps, travel literature, writing materials, tobacco products, cut flowers, travel toiletries, films, sound recordings, supplies for travel pharmacies, souvenirs and toys of lesser value, food and beverages in small quantities and foreign currency.

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