Travel trade; application for a permit

If you wish to sell or purchase goods, offer services or operate as a showman on a commercial basis outside/without having a commercial establishment, you generally need a permit (traveling trade license).

In contrast to a commercial activity in a stationary business, no business registration is required for the exercise of a traveling trade, but rather an official permit (traveling trade card).

A traveling trade is carried out by anyone who sells or buys goods, offers services and/or seeks out orders for services outside of a commercial establishment or without the existence of such an establishment without a prior order. This includes, in particular, visiting homes or stores (door-to-door sales) without a prior order or offering goods and services on the street or in squares, e.g. from non-fixed sales stands.

A traveling trade is also exercised by anyone who carries out entertaining activities as a showman or in the manner of a showman (typical fairground business).

If the business owner is a partnership without its own legal personality, a traveling trade license must be issued for each partner engaged in the traveling trade.

Certain activities do not require a travel trade license, e.g. offering goods for sale during trade fairs, exhibitions, public festivals or on special occasions with the permission of the responsible municipality or the sale of home-grown agricultural and forestry products, vegetables, fruit and horticultural produce, poultry farming and beekeeping as well as hunting and fishing.

However, some of the trades exempt from the travel trade card are subject to notification to the competent municipality, unless the trade is already subject to trade notification. These are

• offering goods for sale, soliciting orders, offering services or soliciting orders for services in the municipality of one's place of residence or commercial establishment, provided the municipality has no more than 10,000 inhabitants,
• the sale of foodstuffs or other everyday goods from a non-fixed sales outlet or other establishment at regular, shorter intervals at the same location,
• the offering for sale of printed works on public roads, streets, squares or other public places.

Certain activities are prohibited in the traveling trade, e.g. the sale of poisons and poisonous goods, breakable bands, electromedical devices, securities or the offering for sale and purchase of precious metals.

Showmen must take out liability insurance for certain activities (Showmen's Liability Ordinance).

The holder of a traveling trade license is obliged to carry it with them while carrying out their trade, to present it to the competent authorities or officials on request and to cease their activities on request until the traveling trade license has been obtained. On request, he must present the goods he is carrying.

If the holder of the traveling trade card does not carry out the activity in person, he is obliged to hand over a duplicate or a certified copy of the traveling trade card to the employees in the business if they are to come into direct contact with customers; this also applies if the employees are working at a different location to the holder.

• Identity card or passport (copy)
• Certificate of good conduct for authorities

  (to be applied for at the municipality of residence)

• Extract from the central trade register

  (to be applied for at the municipality of residence)

• for EU citizens: proof of good repute from the country of origin in the form of a certified copy and a certified German translation;

  Replacement by affidavit in lieu of oath or comparable acts, if applicable

• for non-EU citizens: proof of good repute

  Official certificate of good conduct or good character or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for authorities and information from the central trade register

• for registered companies: Commercial register excerpt or comparable registration documents from abroad (with German translation)
• for non-EU citizens: residence permit that allows self-employment
• in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative
• Approval of the family court for minors, if applicable

  for legal entities

The license requirement is the reliability of the trader.

You must apply for the permit from the district administrative authority in whose district you have your habitual residence.

You must apply for the permit before starting work.

Duration of the procedure approx. 2 - 4 weeks

• Travel trade license: EUR 30 to 500 in accordance with the schedule of costs under the Costs Act (tariff no. 5.III.5/23.1.1)
• Certificate of good conduct and extract from the central trade register: EUR 13 each