Market fixing; application
If you want to hold a market for commercial vendors, you can apply for an official determination. You will then be granted certain market privileges.
Markets within the meaning of the Trade Regulation Act are wholesale markets, weekly markets, special and annual markets. Other events that can be defined are trade fairs and exhibitions. In the following, special and annual markets will be dealt with in more detail:
Special and annual markets are generally events that recur regularly at longer intervals and are limited in time, at which a large number of vendors offer goods for sale (§ 68 GewO).
While the special market is characterized by the fact that only certain goods are offered, goods of all kinds are represented at fairs. Flea and jumble markets are regularly designated as special markets. This counteracts the problem of selling new goods on a large scale.
Only markets of commercial suppliers can be officially established (§ 69 GewO), but not, for example, flea markets of private individuals. The establishment of a market is associated with exemptions from regulations that would otherwise have to be complied with (so-called market privileges). Thus, for example, the regulations under trade law on standing trade (e.g. trade notification), on itinerant trade (e.g. the obligation to have an itinerant trade card), the Shop Closing Hours Act (which is replaced by the opening hours specified in the determination notice) and certain regulations of the Youth Employment Protection Act, the Catering Act and the Sunday and public holiday law are not generally applicable.
However, the principles of public holiday law (in particular the prohibition of publicly noticeable work) must be taken into account in the determination decision. In this respect, flea and jumble markets are problematic , and it must be examined in each individual case whether they are compatible with the principles of Sunday and public holiday law. According to case law, the offering of goods of all kinds on the market does not generally outweigh the protection of Sundays. As a rule, there should be no market setting on silent days. However, this does not preclude the establishment of markets in individual cases if the serious character of these days is preserved.
The prerequisite is an application for determination and, in particular, the reliability of the applicant, no conflict with the public interest and no holding of the event in a retail store. The reliability is checked on the basis of the certificate of good conduct and the extract from the commercial register.
It is recommended that applications be submitted in good time. The processing time depends on the circumstances of the individual case. In general, the assessment notice should be issued within 4-6 weeks after application.
- Assessment notice: 50 to 1,500 EUR
- Certificate of good conduct and extract from the commercial register: 13 EUR each
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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