Best Licensing Lawyers in St. Moritz

Which permits and commercial rights matter for a St. Moritz business?

In St. Moritz, a business may need several separate approvals rather than one general operating licence. A hotel, restaurant, bar or seasonal event venue may need to address building use, food safety, alcohol sales, outdoor seating, signage and event-related requirements.

The relevant authority depends on the activity. The municipality and Graubünden cantonal offices may both be involved, and a renovation or change of use can require approval even if the premises already operate as a business.

Businesses may also need advice on private commercial rights, such as permission to use a brand, software, music or another party’s intellectual property. Those agreements are distinct from public permits and should clearly define permitted uses, territory, duration, fees and termination rights.

When a lawyer can help with permits and commercial rights

• Opening or taking over a restaurant or bar: A lawyer can identify which approvals apply to the premises and proposed activities, including food handling and alcohol sales, and help clarify whether existing approvals cover the new operator.
• Changing a hotel’s use or renovating guest facilities: Alterations to a building, a new restaurant area or a change in operating purpose may require municipal planning or building approval before work begins.
• Running a seasonal terrace or public event: Outdoor seating, temporary structures, noise and public-space use can raise separate local requirements, particularly during busy winter and summer periods.
• Expanding a business from another Swiss canton: A lawyer can assess whether an existing authorisation is recognised under the federal rules on the internal market and whether local conditions still apply.
• Hiring staff who need immigration or work authorisation: Business operating approval does not itself give a foreign employee the right to work in Switzerland. A lawyer can help distinguish the business-permit process from residence and employment requirements.
• Licensing a name, brand, music or technology: Advice can help prevent disputes over the scope of use, royalties, exclusivity, quality control and what happens when the agreement ends.

Swiss laws that can affect local approvals

Federal rules apply in St. Moritz, while Graubünden and municipal authorities administer many activity-specific requirements. The applicable process depends on the business, premises and proposed use.

• Federal Act on the Internal Market (Binnenmarktgesetz), dated 6 October 1995 and in force since 1 July 1996. It supports access to the Swiss market and the recognition of certain cantonal authorisations, subject to lawful restrictions and conditions.
• Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act), dated 20 June 2014 and in force since 1 May 2017. It sets food-safety requirements relevant to businesses preparing, storing or selling food.
• Federal Act on Foreign Nationals and Integration, dated 16 December 2005 and in force since 1 January 2008. It governs residence and work authorisations for many foreign nationals; a business permit does not replace an individual employee’s required authorisation.

Building, hospitality, alcohol, event and public-space requirements may also arise under Graubünden or St. Moritz rules. Confirm the current requirements with the competent authority before committing to premises, construction work or an opening date.

Frequently asked questions

What does a business permit cover in St. Moritz?

There is not necessarily one permit covering every part of a business. Depending on the activity, separate approvals may concern the premises, food handling, alcohol sales, outdoor areas or events.

Do I need a lawyer to open a restaurant or hotel?

Not every application requires a lawyer. Legal help is useful where the premises have a complex approval history, the proposed use is changing, authorities disagree about requirements or a refusal could affect a significant investment.

Can I rely on the previous operator’s permits?

Do not assume that an approval transfers automatically when a business or premises changes hands. Ask the authority whether it remains valid for the new operator, activities and layout, and make that confirmation part of the transaction planning.

Can a permit from another Swiss canton be used in St. Moritz?

The Federal Act on the Internal Market provides for recognition of certain cantonal authorisations. Recognition is not a blanket exemption from local rules, and an authority may impose lawful requirements tied to the activity or public interest.

How long does an application take?

There is no single timetable for all approvals. A straightforward application may take less time than a project involving building changes, consultation or missing documents, so contact the relevant authority early and allow for several weeks or longer.

How much does a licensing lawyer cost?

Fees depend on the lawyer, the complexity of the matter and whether the work is advisory, contractual or contested. Ask for the hourly rate or a written fee estimate, and confirm whether authority charges and disbursements are separate.

Are government application fees fixed?

Fees depend on the type of approval and the applicable tariff. Ask the responsible office for its current fee information before filing; legal fees are separate from public charges.

Does a business permit allow me to hire any employee?

No. Permission to operate a business does not replace residence or work authorisation required by an individual employee. Requirements depend on the person’s circumstances and the applicable immigration rules.

Do I need approval for a terrace or temporary event?

Possibly. Outdoor seating, use of public space, temporary structures and event activities can raise separate municipal or cantonal requirements, including matters such as safety and noise.

Is a brand or software licence the same as a government permit?

No. A private licence is an agreement granting rights to use something such as a trademark, software or music. It does not authorise a business to operate where public permits are required.

What can I do if an authority refuses my application?

Read the written decision carefully, including its reasons and appeal instructions. Deadlines can be strict, so obtain legal advice promptly if you want to challenge the decision or submit a revised application.

Official resources

• Municipality of St. Moritz: Contact the municipal administration about local requirements, premises, building matters and use of municipal space, and ask which office handles the proposed activity.
• Graubünden Office for Food Safety and Animal Health: Provides information and oversight concerning food safety and animal health, including requirements relevant to food businesses.
• Swiss Federal Institute of Intellectual Property: Provides official information on intellectual property rights, including trademarks and the registration of protected rights. Private licensing agreements may still require legal review.

Steps to find and hire a lawyer

1. Define the approval or rights issue. Write down the business activity, premises, planned opening or event date, and any brand, software or other rights involved. Allow a day or two to gather the basics.
2. Ask the relevant authority what approvals may apply. Contact the municipality or appropriate cantonal office before signing an unconditional lease or starting work. Request the requirements and current fee information in writing where possible.
3. Shortlist lawyers with relevant Swiss administrative or commercial experience. Look for experience with permits, hospitality or building matters in Graubünden if those issues are central, and check the lawyer’s professional registration.
4. Arrange an initial consultation. Send the lawyer the premises details, correspondence, draft contracts and proposed activity in advance. Ask what further documents are needed and whether the lawyer sees any immediate deadlines.
5. Compare scope and fees before instructing. Request a written estimate that separates legal work from official charges and explains what is included, such as authority contact, application review or an appeal.
6. Agree a timetable and proceed with the filing. Confirm who will obtain missing documents, submit the application and monitor responses. Build in time for follow-up questions and avoid relying on an opening date until required approvals are confirmed.