Gaststättengesetz

Gaststättengesetz is a term used in German-speaking countries to denote state-level legislation that governs the operation of Gaststätten—establishments that provide food and beverages to the public, including restaurants, bars, cafés, and similar venues. The laws regulate licensure, operation, and supervision of such establishments and aim to ensure public health, safety, and youth protection.

In Germany, Gaststättengesetze are enacted by the federal states (Länder) and differ in detail. They are usually administered by local authorities (Ordnungsamt, Gewerbeamt) or licensing authorities within municipalities. In Austria, similar provisions exist under provincial or federal rules, with jurisdictions and procedures varying by state.

Typical contents include: licensing to operate a Gaststätte (Gaststättenkonzession) or permit; prerequisites such as personal reliability (Zuverlässigkeit) and professional suitability; requirements for hygiene, fire safety, and premises; age-verification and restrictions on serving alcoholic beverages to minors; operating hours; noise and nuisance controls; advertising and signage; record-keeping and inspections.

Procedure: Companies apply to the local licensing authority with documents such as business registration, proof of premises, and assurances of compliance; authorities may require background checks and public notices; licenses can be granted, conditioned, suspended, or revoked; decisions are typically subject to administrative appeals.

Enforcement: Authorities conduct regular and unscheduled inspections; violations can lead to fines, temporary closure, license suspension or revocation, or, in serious cases, criminal charges. Penalties vary by jurisdiction.

Relation to broader law: Gaststättengesetze interact with Gewerbeordnung, Jugendschutzgesetz, infection-control regulations, and local ordinances; reforms in different Länder can alter licensing standards and procedures.