Flea Market Regulations in Spain: Municipal Authority
Flea Market Regulations in Spain
Period of Celebrations
The days and hours of the flea market will be set by the respective municipality and displayed at City Hall and near the mercadillo. If the celebration day of the flea market coincides with a holiday, the Mayor or delegate will decide which day it should be held, with a notice to the traders at least 15 days in advance. According to Article 7.1 of the RLVA, flea markets may only be held on Sundays and holidays, as discussed in 7.3. Changes to the days of celebration are established after consultation with traders and affected sectors, according to the ayuntamiento, and communication to the General Direction of Trade within 15 days.
Internal Operating System
Law 1/1997 of Itinerant Sales refers to the internal bylaws of operation, but some general criteria are:
- Sales can be made on stalls or in truck tents installed in designated places.
- Stalls must be removable, with a structure formed by tubes, and may have awnings installed.
- The minimum length of a stall is 5 meters, separated by 1 meter. They may be at a shorter distance, but never less than 3 meters, with a minimum aisle distance of 5 meters.
- The depth of the stall is advisable to be regulated by municipal ordinance.
- There should be two parking areas, one for merchants and one for customers, clearly marked. As a rule, vendors should not leave their cars behind the stall half an hour before the start, except in extraordinary circumstances.
- There must be dumpsters, toilets (either dismantled or licensed in a nearby public building), water intakes, and a scale for weighing.
- Traders are obliged to clear debris from the area.
- The RLVA facilitates establishing compulsory tickets, invoices, or receipts.
- Market spaces must be numbered for quick identification. A stall can never be placed in the aisle.
Mobile Sales Regime in Markets
Municipal Powers
According to Article 6.1 of the LVA, municipalities are responsible for authorizing street sales within their municipal jurisdiction. They are responsible for fixing the days of celebration and the location, determining the number and surface area of the mercadillo. They may reserve up to 10% of the total number of stalls for local entrepreneurs not employed in the business sector (handicrafts). They are also responsible for fixing fees and have the ability to review the rates annually. No legal or natural person may hold more than 5% of the stalls in the same flea market.
Places of Celebration
Article 6.3 of Act 1/1997 of Itinerant Sales states that markets should be installed on open spaces, within or near the urban center. Installation is prohibited on access to public buildings, schools, hospitals, or places that impede the circulation of pedestrians and vehicles. It is always possible to avoid installation at a distance less than 5 meters from a commercial establishment. Article 5.1 of the RLVA empowers municipalities to propose an alternative site, after hearing from trade organizations, unions, and consumers, which must be justified and approved by the Directorate General of Commerce. Article 5.2 empowers municipal authorities to close traffic sites and enable the installation of pedestrian areas.