Administrative Enforcement and Compliance for Street Vending Operations

Administrative Interventions in Street Vending

Unauthorized Street Sales and Confiscation Procedures

Street vending is distinguished into two types: authorized and unauthorized. For unauthorized street sales (especially non-food items), Infraction 15.2 LVA (Law of Administrative Vending) confiscation is expected, which allows for the interim intervention of goods.

General Intervention Procedures

• Complaint for violation of the Municipal Ordinance (OM) or intervention.
• Minutes LVA-prudential posted by the instructor of the sanctioning process regarding the goods.
• Provision of Health Technical Services.

Specific Infraction Types and Measures

Textile Products (Infraction 15.2 LVA)

Selling unlicensed ordinary textiles is expected to result in forfeiture. Precautionary measures may be taken.

Procedures for Textile Infractions

• Complaint for violation of the Ordinance (OR), LVA, or interim intervention.
• Intervention Act for textiles with presumably false labels (Failure of the LVA).
• Possible industrial property crime.

Protective intervention may always be indicated:

• Complaint for violation of the Municipal Ordinance (OM) or the Act.
• Careful LVA intervention.
• Police measures for alleged violation of the Penal Code.
• Posting of intervened goods to the concerned organization.
• Contact with officials concerned for their business expertise.

Intellectual Property Violations (Media)

The sale of videotapes, cassettes, CDs, or similar media constitutes a crime similar to those committed to combat intellectual property violations.

Stagnant Products (Administrative Infraction)

Administrative infractions related to stagnant products carry fines starting at 6,000 euros.

Intervention in Public Establishments

• Intervention of goods.
• Data collection from the copy holder.
• Minutes related to Tabacalera courses.
• Courses at SVA (Servicio de Vigilancia Aduanera - Customs Surveillance Service).
• Data Act for vending machines.

Intervention on the Road

• Intervention Act.
• Commodity study by SVA (Customs Surveillance Service).
• Crime: Smuggling (fines exceeding 6,000 euros).
• Detention Act.
• Court measures.

Compliance and Surveillance of Authorized Stalls

For authorized stalls, the following controls must be ensured:

1. Ensure the implementation of traffic closure in the area authorized for sale.
2. Control parking spaces designated for merchants and the public.
3. Ensure that the authorization or a certified copy is visibly exhibited by the dealer during the period of activity.
4. Verify that the sale is conducted by the holder or by people with authorized labor relations.
5. Confirm that the location is allocated as specified in the Authorization.
6. Check that the products on sale are consistent with those contained in the authorization.
7. Ensure implementation according to the schedule for installing the stalls/seats.
8. Adherence to all indications named in the LVA (Law of Administrative Vending) or RLVA (Regulation of the Law of Administrative Vending).

Police Surveillance Protocol

For surveillance of street trading, the local police may perform their duties without wearing the regulation uniform, provided they have requested permission from the Government Delegate.