Catering business - show continuation by heirs

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

Related forms and processes

Prerequisite

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

Responsible department

the catering authority

Depending on the location in which the restaurant is operated, the catering authority is the municipal/city administration or the district office.

Standard port

Enter the location of your business premises in the location selection.

Procedure

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.

Deadlines

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

Required documents

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.

Costs

none

Miscellaneous

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.

Appeal

none

Legal basis

Landesgaststättengesetz (LGastG)

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

Gewerbeordnung (GewO)

§ 14Anzeigepflicht

Release note

machine generated, based on the German release by: Wirtschaftsministerium Baden-Württemberg, 24.04.2024