Jurisdiction & Procedures for Street Market Licensing in Spain
Jurisdiction and Procedure for Granting Street Market Licenses
Licensing Jurisdiction
Licensing jurisdiction for street markets lies with the local ayuntamiento (city council). Approvals from other administrative bodies do not exempt the holder from obtaining the necessary licenses from the ayuntamiento.
The specific authority responsible for granting licenses may vary depending on local regulations and can be delegated to the mayor, the plenary council, or the local government board (JGL). In municipalities with large populations, the JGL typically handles licensing unless sectoral legislation specifies otherwise.
Licensing Procedures
The procedure for granting street market licenses is governed by the corporation responsible for the service and premises.
Licensing of Activities and Security
The licensing process involves document verification, data collection on the activity, performer, and location, and ensuring compliance with approved regulations. If any non-conformity is observed, the responsible party will be notified and required to provide location data.
Service of Documents and Execution of Decrees
Resolutions and decrees related to street market licenses will be forwarded by the relevant bodies. A closure decree, issued by the competent authority, will order the cessation of activity until the appropriate license is obtained.
Control and Enforcement
Authorities ensure compliance with regulations and issue infringement notices for any violations. In case of seal failure, municipal technicians can order replacement or resealing. Failure to comply may result in penalties as per the criminal code.
Place and Tradable Products
Market Location
Street markets must be authorized and located in designated areas, either within urban zones or contiguous consolidated urban cores. Access points should not obstruct public buildings, hospitals, schools, or hinder pedestrian and vehicle circulation. A minimum distance of 5 meters from commercial establishments is recommended to avoid access issues.
Municipal authorities may temporarily close certain roads to facilitate pedestrian traffic and market installation.
Permitted Products
Each ayuntamiento determines the specific goods allowed for sale in street markets within its municipality, adhering to applicable regulations. The sale of perishable food items such as frozen or chilled meat, poultry, seafood, milk, cheeses, fresh pasta, stuffed pastries, or other products posing health risks is generally prohibited.
Operating Regime
Market Schedule
Each ayuntamiento establishes the permitted periods, days, and times for street market operation, which must be publicly displayed. Markets typically operate on Sundays and holidays, complying with regional legislation. In case of event conflicts, the mayor or council officer will determine alternative dates and inform traders at least 15 days in advance.
Modification of Market Schedule
Any modifications to the market schedule require consultation with merchants and affected parties, followed by an agreement from the ayuntamiento’s directorate sectors. The general trade body must be notified within 15 days, providing reasons and relevant documents.
Internal Operating Regime
Street markets typically operate with stalls or trucks featuring tubular structures and detachable awnings. Specific dimensions and spacing requirements may apply. Adequate parking, water supply, waste containers, and restroom facilities must be provided. Merchants are obligated to issue numbered tickets, invoices, or receipts and maintain clear aisles.
Police Intervention and Guidelines for Action
Unauthorized Peddling
Police intervention may occur in cases of unauthorized peddling, particularly involving food or textile products. Depending on the nature of the violation, actions may include seizure of goods, infringement complaints, interim intervention reports, and collaboration with relevant authorities.
Authorized Sale
Police ensure compliance with traffic regulations, parking arrangements, and authorization requirements for authorized vendors. They verify the identity of sellers, product conformity with permits, adherence to schedules, and compliance with the Law on the Protection of Citizen Security (LOFCS).
Sale of Alcoholic Beverages in Business Premises
Commercial establishments selling alcoholic beverages and tobacco products must comply with Law 5/2002, which restricts advertising and sales to minors. Promotional activities are prohibited in mailboxes, on television, or via email unless targeted exclusively at individuals over 18 years of age.
The law also prohibits the sale, delivery, and supply of alcoholic beverages to minors and mandates clear signage indicating this restriction. Additionally, it regulates the hours and methods of alcohol sales, including restrictions on vending machines and service stations.
Police Intervention in Relation to Commercial and Consumer Advocacy
Police commonly intervene in situations involving unlicensed activity, unauthorized openings, non-compliance with schedules, refusal to provide data, and lack of information on operating hours and products. Infringement reports are submitted to the competent authority for further action.
In consumer disputes, police mediate and advise on the appropriate procedures. If an establishment lacks complaint forms or refuses to provide them, police ensure compliance with consumer protection laws and assist consumers in filing complaints.