Catering industry: Temporary operation for special reasons
Service description
Anyone wishing to open a catering establishment (food truck, beer tent, etc.) at short notice for a special occasion (e.g. public festival, music event) must notify the competent authority in writing at least 4 weeks before the start of the event. However, the special occasion must not be solely the catering activity itself.
The advert contains
- the surname and first name of the trader with a summonable address,
- Place and period of operation of the catering business,
- the food and drinks intended for serving and
- the expected number of visitors
to be indicated.
If the event takes place in rooms, building regulations may have to be observed.
Legal basis
What else should I know?
The notification of the temporary operation of a catering business is sent to the competent lower building supervisory authority, the competent lower food monitoring authority, the tax authority and the police authority.
Special information for the city of RodgauChanges to the temporary operation of a catering business for special reasons (one-off and recurring events in accordance with Section 6 HGastG)
After the First Bureaucracy Reduction Act comes into force on 22.12.2025, the catering law notification in accordance with Section 6 HGastG will only apply to organisers who run their event for profit.
What does this mean?
For the temporary operation of a catering business for a special occasion (e.g. Christmas markets, spring markets, club festivals and forest festivals in the forest recreation areas), it is no longer necessary to register with the City of Rodgau under catering law, provided that this is carried out by non-profit organisations or initiatives.
The exemption applies to all organisations whose main purpose is not directed towards commercial business operations. This includes, among others:
- Volunteer fire brigades
- Charitable organisations
- Sports and cultural clubs
- Environmental organisations
- Foundations
- Aid organisations (e.g. DRK or Caritas)
- Citizens' or parents' initiatives
How exactly is the term "non-profit organisations or initiatives" to be understood?
According to the Ministry of Economic Affairs, the most frequently asked question in previous exchanges with event organisers is to be interpreted broadly.
The classification of one of the aforementioned organisations or initiatives as non-profit is largely determined by its (statutory) purpose. The main purpose must be directed towards a non-economic business operation. As a rule, profit-orientated, social, cultural, scientific or humanitarian purposes are pursued.
If profits are generated by events, these are not distributed to owners, members or shareholders, but are channelled to the non-economic purpose. The decisive factor is therefore not the individual event, but the fundamental "non-profit orientation" of an organisation or initiative.
No proof of non-profit-orientated activities is required!
Regardless of this, when should an event be informally notified to the regulatory authority?
The regulatory authorities and the specialised authorities involved, such as the police, veterinary office or building authority, no longer gain knowledge of the events mentioned - regardless of the size of the respective event.
Intervention is therefore only possible in the event of imminent danger.
However, safety-relevant aspects can be examined by the enforcement authorities after notification. In individual cases, orders (e.g. for safety or road closures and stopping restrictions) can still be issued.
In the event of imminent danger, the Heusenstamm police station remains responsible.
All other legal requirements such as youth protection and food hygiene remain unaffected.
Goal
With this innovation, the legislator is pursuing the goal of promoting voluntary work and removing barriers to the common good.
Responsibility
If the organisers have any queries, please contact the regulatory authority of the city of Rodgau at ZentralesOrdnungswesen@rodgau.de.