Catering trade - derogation measures - minimum equipment See explanation of the designation of:

In general, these regulations also apply to business owners from EU-countries in Austria.

Persons running any catering trade must keep business premises and any other premises as well as the equipment thereof in good repair at all times. They are, furthermore, obliged to ensure the compliance of any business premises and other related premises, and the equipment thereof, as well as the operative business, with the requirements of the business run.

If necessary, the provincial governor, taking into account tourism-specific, as well as regional and local particularities, may pass a decree specifying any minimum equipment. By doing so, measures to be complied with by the traders when running their business are specified.

Any catering businesses that provide for not more than eight seats for the consumption of food and beverages are exempt from the above regulations.

On application exemptions (derogating measures) from the regulations specifying any minimum equipment may be granted.

The derogating measures must ensure the maintenance of minimum standards as adequate to the related business activities.

No special time-limits need be observed.

Applications can be made in person, in writing, or also electronically. Applications must include any compensatory measures.

No special documents are necessary.

There are no stamp duties and federal administration fees (section 333a of the Gewerbeordnung).

The trade authority having territorial for the trade premises:

• the District Authority
• in cities with their own municipal lawGerman text: the Municipal AdministrationGerman text
• in Vienna: the Municipal District Office (→ City of Vienna)German text (Betriebsanlagenzentrum)

If the measures apply only to any business activities in further business premises, applications must be submitted to the competent trade authority of such further business premises.

section 112 paragraph 2c of the Gewerbeordnung (GewO)