Travelling trade: Authorisation of exceptions to prohibitions
Service description
The following activities are prohibited in the travelling trade; exceptions may be permitted in individual cases:
- Distribution of
- Poisons and toxic goods
- (Exception: plant protection products, pesticides and wood preservatives for which a test certificate with test mark has been issued in accordance with building regulations)
- Fracture bands, medical bandages, medical support devices and bandages, orthopaedic foot supports, spectacles and eyeglasses
- (Exception: safety goggles and prefabricated reading glasses)
- electromedical devices including electronic hearing aids
- (Exception: appliances with direct heat exposure)
- Securities, lottery tickets, subscription and share certificates for securities and lottery tickets
- (Exception: sale of lottery tickets as part of authorised lotteries for charitable purposes on public paths, streets or squares or other public places)
- Writings that are distributed with the promise of rewards or prizes
- Offering and the purchase of
- Precious metals (gold, silver, platinum and platinum alloys) and alloys containing precious metals in any form as well as goods with precious metal plating (exception: silver jewellery up to a sales price of EUR 40.00 and goods with silver plating)
- precious stones, gemstones and synthetic stones as well as pearls
- Offering alcoholic beverages
(Exception: beer and wine in tightly sealed containers, alcoholic beverages made from self-produced products of viticulture, agriculture or fruit and horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials in which the raw materials are not fermented by the company itself and alcoholic beverages that are served for consumption on the spot as part of and for the duration of an event from a fixed place of business) - Concluding and brokering repurchase transactions (pawnbroking) and brokering loan transactions for the borrower in return for payment
In individual cases, exceptions to these prohibitions may be authorised if, according to the circumstances of the individual case, there is no danger to consumers or the public and no concerns arise from the person of the applicant or other circumstances. These exceptions must be applied for with the competent authority.
The exceptional authorisation is limited to the area of responsibility of the issuing authority.
The exceptional licence can be limited in terms of content (e.g. to certain types of event), issued with a time limit and subject to conditions. The subsequent inclusion, amendment and addition of conditions is also possible.
The holder of an exemption licence is obliged to carry it with them while carrying out their business, to present it to the competent authorities or officials on request and to cease their activities on request until the exemption licence has been obtained.
Anyone wishing to operate a travelling trade always requires a permit, a so-called travelling trade card.
- Distribution of
Procedure
Once you have submitted the application for authorisation of an exemption from the prohibitions on itinerant trades to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.
If you fulfil all the requirements, you will be granted an exemption from the bans on itinerant trades.
You may only start work once you have received written authorisation for the exemption.
Prerequisites
- You must already be in possession of a travelling trade licence for the competent authority to grant you an exemption from the bans on travelling trade.
- According to the circumstances of the individual case, there must be no danger to consumers or to the public and there must be no concerns arising from your person or from the other circumstances against an exemption.
Which documents are required?
- Travelling trade licence (if required; §§ 55a, 55b GewO)
- Identity card or passport with registration certificate
- Documents documenting the project, if applicable
The competent authority may request further documents.
What fees are incurred?
Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.
What deadlines do I have to observe?
You must wait for written authorisation to be granted before starting work.
Processing time
If the documents are complete, the application will be processed promptly.
Legal basis
Legal remedy
- Objection (depending on national law, the objection may be excluded)
- Administrative court action
Applications / Forms
- Written form required: no
- Online procedure possible: yes (if offered)
- Personal appearance required: no
Short text
- Authorising an exception to the prohibitions on itinerant traders
- In individual cases, authorisation of travelling trade activities,
which are generally prohibited; exceptions to bans
must be applied for from the competent authority; the
exemption permit is limited to the area of responsibility of the authority issuing
and is always limited in time; the
exemption permit can be limited to certain
forms of event - Responsible: Responsibility depends on the respective state law
Further information
- Information on the business start-up portal of the Federal Ministry for Economic Affairs and Energy on the subject of business/travel industry
Issuing body
Forwarding service: Deep link to the source portal Forwarding service: Deep link to the source portal- Travelling trade: Authorisation of exceptions to prohibitions in Hesse
Display of performance in the source portal
- Travelling trade: Authorisation of exceptions to prohibitions
Display of performance in the source portal
- Travelling trade: Authorisation of exceptions to prohibitions in Hesse
Typing
2/3Library entry status
5