It is also necessary to enclose binding opinions of many bodies (such as the Public Health Office, fire department, traffic section of the municipal authority etc.) in the application6. The inspection is carried out by a Construction Office which is part of the respective municipal authority7 (e.g. if the restaurant is in Prague 1, the respective authority will be the municipal authority of Prague 1). If the premises are not intended for restaurant operations, the intent of the premises must be changed. It can be changed by carrying out a similar inspection by a Construction Office8. Czech Civil Code includes specific provisions for the lease of business premises9. These include the possibility for the entrepreneurs to install signboards and similar signs with the lessor’s consent, which can only be denied for a serious reason10. We could also mention a provision which gives the lessee a right for compensation for acquisition of customer base if the lease is terminated by the lessor, except in cases of material breach of contract11. Many restaurants also place seating outside the building on the pavements, squares and similar public spaces. The legal basis for this is found in Roads Act12 and general requirements for the application process are in Ordinance No. 104/199713. However, the exact procedure for placing outdoor seating varies from city to city, as municipalities typically have their own application forms and procedures. For example in Prague, it is necessary to file an application to the Technical Administration of Roads of Prague. The Administration concludes the lease contract with the owner. It is also required to agree on the special use of street with the respective municipal authority. In order for the respective municipal authority to allow the special use of street, the owner of the restaurant also needs the respective Heritage Protection Office’s binding opinion. Having seats outside the restaurant is obviously paid, the restaurants must pay daily fees for every square meter used for their seats. The fees in Prague are paid to both the municipal authority (fees for the special use of street14) and the Technical Administration of Roads (as part of the lease agreement). 6 Sec. 232 par. 2 subpar. c) Act No. 283/2021, Building Act. 7 Sec. 233 par. 1 Act No. 283/2021, Building Act. 8 Sec. 230 par. 1 and sec. 239 et seq. Act No. 283/2021, Building Act. 9 Sec. 2302 et seq. Act No. 89/2012, Civil Code. 10 Sec. 2305 Act No. 89/2012, Civil Code. 11 Sec. 2315 Act No. 89/2012, Civil Code. 12 Sec. 25 par. 6 subpar. c) no. 5 Act No. 13/1997, Roads Act. 13 Sec. 40 par. 3 Ordinance No. 104/1997, Ordinance Implementing Roads Act. 14 Sec. 4 Act No. 565/1990, Municipal Taxes Act. 647 LEGAL MINIMUM REQUIREMENTS FOR OPERATING A RESTAURANT IN THE CZECH REPUBLIC
RkJQdWJsaXNoZXIy MTE4NzM5Nw==