Mobile Sales and Business Violations and Penalties

Violations and Penalties: Mobile Sales

As provided for in Article 16 of the LVA 1/1997, offenses are classified as:

Minor Offenses

• Non-compliance with the schedule.
• Installation of the post before 7:30 AM.
• Sleeping in the vehicle near the area of operation.
• Leaving merchandise in the aisles or spaces between posts.
• Not cleaning the post at the end of the day.
• Using megaphones or loudspeakers unless authorized.
• Parking your vehicle in the area of the post.
• Not showing the license.

Sanctions for minor offenses range from a warning to a fine of up to €150.25.

Serious Offenses

• When the activity is carried out by unauthorized individuals.
• Repeated minor offenses (for the fourth time).
• Violating any condition imposed in the authorization.
• Carrying on the business without being registered with the General Registry of Street Traders in the Community of Madrid.
• Not paying the license fee.
• Contempt, resistance, coercion, or threat to the municipal authority, officials, and their duties.
• Installing or operating without municipal authorization.

Sanctions for serious offenses range from €150.25 to €1202.02.

Very Serious Offenses

• Recidivism in serious infractions.

Sanctions for very serious violations range from €1202.02 to €6010.12.

Violations and Penalties: Business

These are regulated by Law 16/1999 of Trade within the Community of Madrid:

Very Serious Offenses

• Business practice without authorization.
• Activities involving serious risk to the health and safety of persons.
• Refusal or resistance to providing data to law enforcement officers, accompanied by physical or verbal violence.

Serious Offenses

• Opening on an unauthorized Sunday or holiday.
• Refusal or resistance to providing data to law enforcement officials.
• Demanding higher prices.
• Breach of warranty periods and after-sales services, as well as custody of articles.

Minor Offenses

• Not informing the public of the days and hours of opening and closing, or not doing so in a visible place.
• Not showing the authorization.
• Violating the hours when it is not a serious or very serious offense.

Sanctions

• Very serious: From 2,500,001 to 100,000,000 pesetas.
• Serious: 500,001 to 2,500,000 pesetas.
• Minor: Warning or fine of up to 500,000 pesetas.

Sanctioning Bodies

• Minor and Serious: Director General.
• Very Serious: The owner of the counseling.