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21 March 2023

29 Sha'baan 1444

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Law No. 3 of 1975 on Commercial, Industrial and Similar Entities that Conduct Business with the Public

Law Summary Record Type: LawNumber: 3Date: 12/02/1975 Corresponding to 01/02/1395 HijriNumber of Articles: 26Status: In force

Official Gazette :Issue: 2Offcial Journal Issue Publication Date: 01/01/1975 Corresponding to 18/12/1394 HijriPage from: 2834

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Licenses, Terms, Procedures and Fees

3 Article

Without prejudice to the provisions of ad hoc laws and bylaws, no premises governed by the provisions of this law may be opened or managed without a licence from the Municipality.
4 Article - Amended

The licence referred to herein shall not be granted unless in the areas, neighbourhoods and streets specified by a resolution of the Minister of Municipal Affairs, upon the proposal of the competent Municipal Council.
5 Article - Amended

An application to obtain a licence, accompanied by supporting information, documents, maps and architectural drawings, shall be submitted to the municipality according to the terms, conditions and forms which shall be specified by the Minister of Municipal Affairs and Agriculture, on the proposal of the Central Municipal Council.
6 Article

1.      The Municipality shall indicate its preliminary view of the application no later than thirty days from the date of submission. Where the Municipality accepts the application, it shall notify the applicant in writing, with instructions regarding the payment of the inspection fees.

2.      The Municipality shall inspect the site of the business within a period not exceeding thirty days from the date of the payment of the prescribed fees, and shall notify the applicant of its approval or rejection within thirty days from the date of completion of the inspection.

3.      In the event that the site is approved, the municipality shall inform the applicant of the conditions which must be met and the implementation period. The applicant shall notify the municipality by registered letter once the required conditions have been met.

4.      The municipality shall, within thirty days from receipt of the notification, verify the implementation of the prescribed conditions and where the implementation is confirmed, the licence shall be granted together with any conditions to be met on a permanent basis.

5.      In the case of the non-implementation or non-fulfilment of the prescribed conditions, the applicant shall be granted one or more additional periods, each as long as the initial period, and an inspection shall be repeated before or at the end of each period upon the notification from the applicant that he has implemented the conditions.

6.      Where the conditions have not been implemented, the application shall be refused and the municipality shall notify the applicant of its decision within thirty days from the date of issue.
7 Article - Amended

The following conditions relating to businesses subject to the provisions of this law shall be met:

1. General conditions shall be met in every premises or every type of business or in its location and such general conditions shall be issued based on the proposal of the Central Municipal Council and by resolution of the Minister of Municipal Affairs and Agriculture. A business may be exempted from one or more of these conditions on good cause shown.

2. Special conditions shall be met in the business for which the licence application is submitted, based on resolutions made by the municipality in coordination with the competent authorities. The municipality, with the consent of the Minister, may add new conditions or remove existing conditions.
8 Article - Amended

The duration of the licence shall be as follows:

1- Consultancy Offices - three (3) years (Gregorian calendar);
2- Premises of other professions - one (1) year (Gregorian calendar);
3- Other businesses - two (2) years (Gregorian calendar).
The licence period shall be calculated from the date of the grant, and shall be renewed at the end of its period after verification of the fulfilment of the conditions stipulated by this law and the implementing resolutions thereof.
The fees payable for the entire duration of the licence shall be collected when it is granted or renewed.
9 Article - Amended

The municipality shall, in respect of inspection of the shop and the granting and renewal of the licence, charge a fee to be determined by a resolution of the Council of Ministers, based on a proposal by the Minister of Municipal Affairs and Agriculture.
10 Article

The municipality shall, in respect of inspection of the shop and the granting and renewal of the licence, charge a fee to be determined by a resolution of the Council of Ministers, based on a proposal by the Minister of Municipal Affairs and Agriculture.
11 Article - Amended

1. Any person licenced to open a business shall inform the municipality of the name of the manager or supervisor, and of the names of the workers before they may engage in their work.

2. The municipality shall issue the required licence to such person according to the rules, terms, conditions and models issued by a resolution of the Minister of Municipal Affairs and Agriculture, based on the proposal of the Central Municipal Council and the prior consent of the competent authorities.
11 Article BIS

As defined in a resolution issued by the Minister of Municipal Affairs and Agriculture, based on a proposal by the Central Municipal Council, the business shall close its doors and cease all work during Friday prayers for a continuous period of one and a half hours from the first call to prayer.