Hospitality, Alcohol Trade and Carnival Act (Hospitality Act, GaG) (Gastgewerbegesetz, GaG) - Subject Matter (GaG)

1. This Law Regulates

a. the Hospitality Industry,

b. the Trade in Alcoholic Beverages,

c. the Carnival.

1. In the Hospitality Industry, the law applies to

a. the provision of food and beverages for a fee for consumption on-site or for takeaway,

b. the commercial accommodation of guests,

c. individual events where food and beverages are provided for a fee,

d. the consumption of beverages and food when it involves the obligation of membership or the payment of an admission fee,

e. regular dance events and dance performances.

2. In the Beverage Trade, the law applies to

a. the small and medium trade of non-distilled alcoholic beverages,

b. the retail trade of distilled spirits.

1. In the hospitality industry, the law does not apply to

a. hospitals, health institutions, homes, and boarding schools, insofar as meals and drinks are not provided to third parties; staff and visitors are not considered third parties,

b. staff restaurants and canteens, insofar as meals and drinks are not provided to third parties,

c. non-alcoholic youth establishments, provided they are operated at a fixed location and on a non-profit basis by the municipality or church community through a professional,

d. the rental of private beds and holiday apartments,

e. farm holidays, if only secondary income is generated and the landlord or landlady continues to run an agricultural business,

f. private guesthouses with no more than ten boarders,

g. vending machines for non-alcoholic beverages and food without consumption areas, as well as machines in schools and businesses,

h. beverage vending machines within accommodation sections,

i. private events and family celebrations,

k. private events not open to the general public, where the participants do not have to pay for consumption,

l. assemblies of political and church communities as well as official 1st of August celebrations organized by municipalities.

2. In the beverage trade, the law does not apply to

a. the trade in distilled waters by home distilleries and clients in quantities of at least five liters of the same type according to the provisions of the Federal Act on Distilled Spirits (Alcohol Act) of June 21, 1932,

b. the trade of wine and fruit wine from homegrown produce,

c. the trade of wines and spirits listed in the Swiss Pharmacopoeia by pharmacies and drugstores.

3. Further exceptions may be granted in justified cases.

1. The general carnival days are considered to be Dirty Thursday, Güdis Monday, and Güdis Tuesday.

2. The governing council specifies in the ordinance the carnival events that require approval and the time frame during which they may be held. It regulates the approval procedure.

1. Anyone who intends to engage in an activity pursuant to § 2 requires a permit, insofar as it does not fall under the exceptions specified in § 3.

2. Changes in the mode of operation, spatial alterations, enlargements or reductions, as well as relocations, are also subject to approval.

1. Licenses in the Hospitality Industry are granted for

a. Accommodation establishments,

b. Restaurant establishments,

c. Regular dance and dance performance establishments,

d. Catering stands outdoors or in buildings,

e. Single events.

2. In the Beverage Trade, licenses are granted for

a. Small and medium-sized trade with non-distilled alcoholic beverages,

b. Retail trade with distilled spirits.

3. Generally, only one license is granted to the same person.

1. The authorization is granted to the natural person responsible for the management of operations and is non-transferable.

2. It may be subject to conditions and requirements.

3. Authorizations pursuant to § 6 paragraph 1 a-d are generally granted for an indefinite period.

1. The holder of the permit shall operate the business under their own responsibility; in the hospitality industry, the business must additionally be personally managed.

2. The holder of the permit shall appoint a representative in the hospitality industry during periods of personal absence, who is capable of assuming the required joint responsibility.

1. Any person applying for a license must be legally competent and provide assurance for the proper management of the business or event.

2. The license may be refused if the applicant has been convicted in the last five years for intentional or negligent violations of this law or regulations under food safety legislation, narcotics legislation, immigration law, or labor law.

1. Any person applying for a license in the hospitality industry must provide proof of sufficient knowledge in the following areas of public law

a. Legislation related to the hospitality industry,

b. Food legislation and hygiene,

c. Addiction prevention (including alcohol legislation, as well as gambling and machines),

d. Employment and immigration law,

e. Social insurance law,

f. Fire protection.

2. In justified cases, particularly for the organization of individual events according to § 6 paragraph 1e and for the operation of food stalls according to § 6 paragraph 1d, the requirement to prove sufficient knowledge pursuant to paragraph 1 may be waived upon request.

3. If the license holder dies or abandons the management of the business, in cases of hardship, individuals may be exempt from the requirement to prove sufficient knowledge pursuant to paragraph 1 if they have worked for an extended period within the business, wish to continue operating it, and appear competent to manage it correctly.

1. The demonstration of hospitality industry knowledge can be provided as follows

a. through a state examination,

b. through graduation certificates from a hospitality vocational school,

c. through certificates from other cantons.

2. The government council shall regulate the specifics of the examination and the proof of examination, the requirements for the recognition of graduation certificates from hospitality vocational schools, and certificates from other cantons in the ordinance.

1. A permit is only granted if the premises and facilities are hygienic, operationally safe, and controllable, and if they comply with construction, fire, and food safety regulations.

2. Noise and lighting that pose a health hazard are prohibited in catering establishments.

3. The layout plans must be approved by the permitting authority from an economic policing standpoint before construction begins.

1. Every publicly accessible hospitality establishment must be marked on the outside with the name and type of the establishment. The business address must not give rise to confusion in the same locality.

2. Business addresses and their changes are subject to approval.

1. A permit expires by operation of law

a. upon the relinquishment or death of the permit holder,

b. if the business premises are no longer used for hospitality services or the beverage trade.

1. A license may be fully or partially revoked,

a. if the prerequisites for obtaining the license are no longer met,

b. if the license holder has been punished for intentionally or negligently violating this law, or the regulations of food safety legislation, narcotics legislation, immigration law, or labor legislation,

c. if the operation repeatedly causes excessive noise or other disturbance to the surroundings and the license holder does not take the measures ordered to remedy these emissions,

d. if the license fees are not paid on time despite reminders.

2. In urgent cases, precautionary measures may be ordered.

1. The supervision of the proper operation of establishments and events requiring a permit falls under the authority of the competent police bodies.

2. The supervision of the spatial and technical adequacy of the establishments is the responsibility of the permitting authority.

3. The competent supervisory bodies are authorized to inspect the premises of the establishments. Inspections must neither be prevented nor obstructed.

4. The provisions of food safety legislation remain reserved.

1. The sale and serving of alcoholic beverages to minors under the age of 16 are prohibited.

2. The sale and serving of distilled spirits or diluted alcoholic beverages based on distilled spirits to minors under the age of 18 are prohibited.

3. The competent authority may conduct or commission test purchases. It collaborates with youth protection agencies for this purpose. The costs are borne by the Canton.

4. Minors under the age of 18 are to be denied entry to dance entertainment establishments featuring striptease performances.

1. Serving Alcoholic Beverages

a. Clearly intoxicated individuals,

b. Persons known to be alcohol-dependent.

2. The sale of alcoholic beverages via vending machines is prohibited outside of licensed premises of hospitality businesses.

1. In hospitality establishments serving alcohol, at least three non-alcoholic beverages must be offered at a lower price than the same quantity of the cheapest alcoholic beverage.

1. Any person operating an accommodation business requiring a permit must maintain an accurate guest register.

2. The registration form must be made available to law enforcement authorities.

3. Accommodation providers may use an electronic platform for data collection. The cantonal government may declare the use of the platform for collecting tourism levies as mandatory for the data collection of the registration form. The canton shall contribute to the costs for the establishment and operation of the electronic platform with funds from the cantonal accommodation levy according to the Law on Levies and Contributions in Tourism (Tourism Law) of January 30, 1996.

1. License holders are obligated to maintain peace, order, and decency within the establishment and its immediate surroundings, insofar as disturbances are caused by its patrons.

2. Events that significantly disturb or inconvenience the neighborhood of the establishment are prohibited.

3. Persons who do not comply with the requests of the license holder or the staff to adhere to peace, order, and decency may be expelled.

4. In justified cases, police assistance may be sought.

1. Holders of a permit pursuant to § 6 subsections 1a-c are provided with the Lucerne Cantonal Gazette free of charge. This must be made available for inspection on the premises, provided the establishment is open to the public.

1. Establishments for the provision of meals according to § 6 paragraph 1b may not open before 5:00 AM. They are generally required to close by 12:30 AM (closing time).

2. The licensing authority may approve earlier opening times in individual cases.

3. The license holder may, in individual cases, apply to the police for an extension of the opening time until no later than 5:00 AM, in accordance with the closing time. The police are obliged to periodically inform the municipality of such extensions. In justified cases, the municipality may instruct the police, by decision, to refuse extension approvals.

1. The granting authority may approve permanent exceptions from the closing times (including free nights) for hospitality establishments and exceptions for individual events from the closing times (including free nights) if public order and the night's rest are not compromised. In justified cases, the municipality may request the revocation of the authorization.

2. Hospitality establishments that are not spatially separated from a retail store or a similar establishment must close at the same time as the retail store.

3. On Good Friday, Easter Sunday, Pentecost Sunday, the Swiss Federal Day of Thanksgiving, Repentance and Prayer, Christmas, and Ash Wednesday, no extensions for publicly accessible events will be granted.

4. The closing time is postponed until 5:00 a.m.

a. on Shrove Tuesday,

b. * on the customary local fair day.

5. The closing times do not apply to accommodated guests.

1. In the hospitality establishments pursuant to § 6 subsection 1b and c, the closing hours are suspended

a. on Fat Thursday,

b. on Carnival Monday,

c. on August 1st,

d. on New Year's Eve,

e. on Sundays of the renewal elections for the Cantonal Council, the Municipal Councils, as well as the National Council and the Council of States.

2. The municipality may grant additional nights without closing hours for the hospitality establishments pursuant to subsection 1 between Fat Thursday and Carnival Monday.

1. The annual licensing fee amounts to

a. for accommodation establishments: CHF 300 to CHF 6,000

b. for restaurant establishments: CHF 200 to CHF 4,000

c. for regular dance and dance performance establishments: CHF 1,000 to CHF 20,000

d. for outdoor or indoor catering stands: CHF 100 to CHF 1,000

e. for the beverage trade: CHF 100 to CHF 4,000

2. For individual events pursuant to § 6 paragraph 1e, the fee per day and operational unit ranges from 30 to 1,500 Swiss francs.

3. Within the applicable framework, the fees are determined according to the type of business, the size and location of the establishment, the opening hours, and the nature of the event.

1. For catering establishments according to § 6 paragraph 1b, the annual fee for a regular extension of opening hours is 1000-5000 Swiss Francs.

The fee for non-regular extensions in such establishments is 50 Swiss Francs per hour, and it is only payable for the time starting from 1:30 AM.

2. For regular dance and dance performance establishments according to § 6 paragraph 1c, the fee for the extension of opening hours is included in the fee according to § 27.

1. Anyone operating a real economy pays 70 percent of the approval fee for the recognized scope of real rights according to § 27 paragraphs 1a and b.

1. The annual authorization fees to be paid shall be remitted to the state treasury by June 30 each year.

2. The fees for non-regular extensions pursuant to Section 28, paragraph 1, are collected by the municipality.

3. For businesses that are closed for more than two months per calendar year, the authorization fee is proportionally reduced.

1. To the extent that this law does not contain a deviating provision, the Lucerne police are responsible.

2. Unless the municipality has provided otherwise in its legislative enactments, the municipal council is the authority responsible for the hospitality industry.

1. Fines of up to 5,000 francs are imposed for

a. intentional or negligent violations of §§ 5, 8, 12 paragraph 2, 13, 16 paragraph 3, 17 paragraphs 1, 2 and 4, 18, 19, 20, 21 paragraphs 1 and 2, 23, 24 paragraph 1, and 25 paragraph 2,

b. intentional or negligent non-compliance with conditions and stipulations in permits.

2. In particularly severe cases and in cases of recidivism, fines of up to 10,000 francs may be imposed.

3. In minor cases, the Lucerne police may issue a warning instead of requesting prosecution.

4. Incitement and complicity are punishable.

1. The penal provisions of the law are also applicable to the substitute person pursuant to § 8 paragraph 2.

1. The existing real economies, in which the owner is entitled, due to a marital right, to operate or have operated an establishment with all branches of the hospitality industry, namely an accommodation establishment (real tavern) or a restaurant establishment (real inn), are guaranteed the right to continue to exist to the same extent as before. The government council is authorized to arrange for the dissolution of real economic rights in individual cases through voluntary agreement with the rights holders.

2. The transfer of a real economic right to a building other than the one listed in the permit is not permitted. Exceptionally, the transfer may be approved if the new building is to be located on the same property as the previous one and if the rights holder does not change.

3. Real economic rights that are not exercised for ten years shall lapse without compensation. Real economies where the accommodation right is not exercised for ten years will only be recognized as real inns.

4. In other respects, the provisions of this law shall apply mutatis mutandis to real economies.

1. Existing patents and existing permits must be adjusted to the types of permits specified in this law, if necessary, within three years after this law comes into force.

1. The Executive Council regulates the implementation of this law.

1. The legal remedy provisions of the Act on Administrative Procedure of July 3, 1972, are applicable.

1. The following enactments are repealed

a. Law on the Hospitality Industry and the Trade in Alcoholic Beverages (Economic Law) of May 14, 1974,

b. Law on Dancing and the Carnival of April 14, 1986.

1. The law shall enter into force on January 1, 1998. It is subject to an optional referendum.