The exercise of a itinerant commercial activity takes place mainly on public land. This occupation is subject to strict rules. Traders must obtain prior authorisation and comply with the conditions laid down by the local authorities.
The different types of occupancy permit
Occupation of the public domain requires specific administrative authorisation.
Parking permits
This title concerns occupancy without a footprint. It applies to easily movable installations: stalls, demountable stands or sales vehicles.
The competent authority varies according to location:
- Communal roads: the mayor
- Departmental or national roads in built-up areas: the mayor
- Departmental roads outside built-up areas: the President of the Departmental Council
- National roads outside built-up areas: the Prefect
The permit is personal, temporary and revocable.
Permission to use the road
This authorisation concerns occupancy with a footprint. It applies to installations fixed to the ground: kiosks, enclosed terraces or light constructions.
The competent authority is the road manager:
- Local roads: the mayor
- Departmental roads: the chairman of the departmental council
- National roads: the Prefect
Permission to use a road implies additional technical constraints linked to the integrity of the public domain.
The rules governing market halls and markets
Market spaces are subject to special regulations. Market regulations, laid down by municipal by-law, define:
- Conditions for allocating places
- Opening times and days
- Authorised products
- Traffic and parking regulations
These regulations apply to all retailers.
The mayor's police powers
The mayor has extensive powers to regulate itinerant commercial activity.
Legal foundations of municipal powers
These powers are based on two foundations:
- General police powers (CGCT, art. L. 2212-2)
- The power to manage the public domain (CGCT, art. L. 2213-6)
These prerogatives enable the mayor to strictly control itinerant trade.
Scope of regulatory powers
The mayor may:
- Determining the days and times of market access
- Establish authorised places of practice
- Restricting the floor space available to vendors
- Change the location of a market
- Banning certain dangerous or harmful sales
These decisions must be based on grounds of public interest: peace, public order, health or management of the public domain.
Limits to municipal restrictions
The administrative courts review the restrictions imposed by mayors. Several principles limit their power:
- Restrictions must remain proportionate
- A general ban requires serious grounds
- Sedentary and itinerant traders must be treated equally
- Protecting local commerce is not a legitimate reason
Administrative courts regularly rule against overly restrictive municipal by-laws.
The procedure for obtaining a pitch
Obtaining a pitch follows a precise administrative procedure.
Application for authorisation
The application must be sent to the competent authority by registered post or delivered against a receipt. It must specify:
- The identity of the applicant
- The nature of the activity
- The desired location
- The dimensions of the installation
- The planned length of occupancy
Supporting documents complete the application: professional cardcivil liability insurance, K or Kbis certificate.
Award criteria
Pitches are allocated according to a number of criteria:
- Length of time on the market
- Attendance for subscribers
- Order of arrival for daily pitches
- Type of products sold
The competent authority retains discretionary powers in allocating places.
Duration and renewal
Authorisations are temporary in nature. Their duration varies from case to case:
- Daily permit: valid for one market day
- Subscription: usually quarterly or annual
- Road permit: up to 5 years depending on the nature of the installation
Renewal is never automatic. It must be explicitly requested before the expiry date.
Rules for operating in the public domain
Operating in the public domain implies compliance with a number of obligations.
Respecting schedules and locations
The retailer must comply strictly with these conditions:
- Installation and dismantling times
- The limits of the allocated site
- A ban on giving up your seat
- The obligation to exercise personally
These rules are set out in the market regulations or the individual authorisation.
Payment of royalties
Occupation of the public domain is subject to payment of a fee. The amount varies according to:
- Area occupied
- Location (tourist area, city centre)
- Length of occupancy
- The nature of the activity
Failure to pay will result in the revocation of the authorisation.
Retailers selling foodstuffs must also comply with the following regulations strict health requirements.
Rules of competition with sedentary traders
Specific rules govern competition with sedentary traders:
- Protection perimeters around fixed businesses
- Limitations on products sold
- Hourly or seasonal restrictions
These measures are designed to ensure balanced competition.
Penalties for illegal occupation
Illegal occupation of the public domain can result in various penalties.
Street vending and other offences
Several offences concern illegal occupation:
- Street vending (C. pén., art. 446-1): unauthorised sale on the public highway
- Unauthorised occupation of the public domain (art. R. 116-2 of the Highway Code)
- Breach of municipal bylaws (C. pén., art. R. 610-5)
These offences are often combined with the absence of a professional licence.
Specific commercial penalties
The French Commercial Code provides for specific penalties:
- Consignment of products for up to one month (C. com., art. L. 442-8)
- Confiscation of products and equipment
- Criminal fine
- Payment to the Treasury of an equivalent sum
These penalties are designed to deter irregular practice.
Investigation and prosecution procedures
Infringements are recorded:
- Staff from the Competition Authority
- Officials authorised by the Minister for the Economy
- Judicial police officers
- Sworn municipal officials
The procedure includes:
- Drawing up minutes
- Inventory of consigned goods
- Communication to the public prosecutor
- Proceedings before the competent court
The operation of a itinerant trade on the public domain requires strict compliance with a precise regulatory framework. Our firm can help you apply for authorisation and assist you in the event of a dispute with the authorities, in particular by providing you with specialist legal advice.
Sources
- Code général des collectivités territoriales, art. L. 2212-2 and L. 2213-6
- French Commercial Code, art. L. 442-8
- Criminal Code, art. R. 644-3
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