All that facilities open to the public and providing accommodation, general centralised services and additional board and ancillary services must be considered as hotels.
According to Law no. 122 of 30/07/2010, which modified Art. 19 of Law no. 241 of 07/08/1990, a certified notification stating the beginning of the activity (business SCIA) must be submitted to the competent office (usually SUAP) of the Municipality. The hospitality activity shall start operating from the date on which the SCIA has been submitted to the Municipality.
In order to practice hospitality activities, the following requirements are needed:
Meeting the moral requirements set forth in Art. 11, 12, 92, 131, R.D. no 773 of 1931 “Consolidated text of Laws on Public Security (T.U.L.P.S.)“, and namely:
- Not being sentenced to deprivation of liberty for more than 3 years and not being declared an habitual offender (Art. 11);
- Having completed compulsory education (Art. 12);
- Not being sentenced for any crime of any type (Art. 92);
- Not being unable to undertake an agreement;
- Having no preliminary rulings under the terms of the anti-mafia law;
- Not being sentenced under the terms of Law no. 75 of 20/02/1958 (Merlin Law).
Hotels must be built in compliance with the urban planning regulation and with all the technical and health requirements specified by the current legislation. They must also comply with fire prevention and safety regulations and possess the fire prevention certificate, if needed.
Within 30 days from the beginning of the activity, the investor must complete his registration in the Business and Trade Registry of the CCIA (Chamber of Commerce, Industry, Craft Trades and Agriculture), obtain an Italian VAT identification number, register to the INPS (National Institute of Social Security) and eventually to the INAIL (National Institute for Insurance against Accidents at Work) if there are any employees. All these procedures can be submitted via common notification.
In the event of provision of food and beverages is offered together with hospitality, the investor must hold the moral requirements set forth in Art. 71 of D.L. no. 59 of 26/03/2010 “Implementation of Directive 2006/123/EC on services in the internal market”. Therefore, food and beverages cannot be administered by:
- Everyone who has been declared an habitual or professional offender, or possessing a criminal tendency, except if they received a rehabilitation;
- Everyone who has been convicted by a final judgement of any crime without criminal intent punished by a custodial sentence of more than 3 years (minimum), provided that a sentence exceeding the minimum sentence has been applied in practice;
- Everyone who has been convicted by a final judgement of any crime set forth in Book II, Title VII, Chapter II of the Criminal Code punished by a custodial sentence, i.e. handling of stolen goods, fraudulent insolvency, fraudulent bankruptcy, usury, robbery, crimes against persons committed with violence, extortion;
- Everyone who has been convicted by a final judgement of crimes against public health and hygiene, including crimes set forth in Book II, Title VI, Chapter II of the Criminal Code;
- Everyone who has been convicted by a final judgement of two or more crimes of fraud in preparation and provision of food set forth in special law, in the 5 years before the beginning of the activity;
- Everyone who is subject to any of the prevention measures set forth in D.L. no. 159 of 06/09/2011.
Food and beverages cannot be administered by anyone presenting the aforementioned characteristics or anyone who has been convicted by a final judgement of crimes against public morality and decency, of crimes committed under the influence of alcohol or drugs, of crimes concerning alcohol, narcotic or psychotropic substances, gambling or illegal betting prevention, as well as crimes concerning gambling norms’ breach.
In relation to companies, associations or collective bodies, the aforementioned requirements must be possessed by the legal representative, by the person in charge for the commercial activity and by all individuals specified in Art. 85, D.L. no 159 of 2011.
In relation to sole proprietorships, the aforementioned requirements must be possessed by the proprietor and by any other person in charge of the commercial activity, if applicable.
For a clearer definition of hotels and other forms of accommodations, please see Law no. 79 of 23/05/2011.
The private investor bears all the costs related to the preparation of the documents needed for the request of the authorisation.