Regulations for Authorized Stalls and Alcohol Sales

Posted on Jan 22, 2025 in Law & Jurisprudence

Authorized Stalls

There is no violation of article 15.2 f) of the LVA as vendors are covered by their authorization. Guidelines to follow, depending on each municipality, would basically be:

  1. Ensure compliance with traffic closing shots in the area.
  2. Divided control of the parking lots (public traders).
  3. Ensure that authorization or a certified copy is displayed in a visible area.
  4. Check that the sale is made by the owner or authorized persons.
  5. Confirm that the location is allocated in the authorization.
  6. Timeliness of stall installation.
  7. All the LVA citations and RLVA. In case of violations reported by the O.M., act for violation of the LVA.

Sale of Alcoholic Beverages in Commercial Establishments

Law 5/2002 on drug addiction and other addictive disorders applies to commercial establishments within its scope in relation to the advertising and sale of alcoholic beverages and tobacco. Advertising in retail outlets must adhere to article 27 of this law. The promotion of these products is prohibited from being carried out by distribution to mailboxes, email, or phone, except when directed to individuals over 18 years of age.

Limitations for the Sale and Consumption of Alcoholic Beverages

  1. Do not allow the sale, delivery, and supply to persons under 18 years of age.
  2. All establishments that sell alcohol must inform customers of the prohibition of sale or acquisition by those under 18 years of age, through advertisements or posters.
  3. Do not allow the sale, supply, or retail in establishments that are not authorized for use between 10:00 PM and 8:00 AM.
  4. The provision of alcohol in vending machines is prohibited.
  5. Law 2/2004 prohibits the sale, supply, and distribution, with the exception of beverages that obtain their graduation from the fermentation of grape, apple, or cereal and do not exceed 20% alcohol by volume.
  6. Establishments must take special measures to avoid selling alcohol to individuals under 18. Those that are self-service should have a specific section with posters advertising the ban on sales to minors.
  7. Establishments must hold a specific license for this purpose. The awarding of the license is the responsibility of the town hall.

Police Intervention in Relation to Business Activities

For the monitoring of street trading, the Police may hold office in civilian clothes upon request from the delegation of the government in Madrid, which may attach conditions:

  1. Authorities are only for escort, surveillance, vending, sale of alcohol to minors, and prevention of vandalism.
  2. A relationship with the agents’ names will be sent.
  3. It will be carried out by the fewest number of officers each day.
  4. The CNP will bring the score before the town or GC.
  5. It will have validity for 3 to 6 months.

Police Intervention in Relation to Business Activities and Consumer Protection

Interventions will be more frequent in establishments and activities related to:

  1. Businesses without a license.
  2. Opening on a Sunday or unauthorized holiday.
  3. Breach of operating hours.
  4. Refusal to provide data or other information about the activity.
  5. Lack of information to inform the public about days and hours or not having this information visible.
  6. Sale of products not authorized by the license.

A record was made for offenses related to alcohol and tobacco, drawn up to the effect of Law 5/2002, on the sale or consumption of alcoholic beverages or tobacco. A copy of the minutes will be provided to the owner or person responsible for the establishment.