Upon application of the organiser, the competent authority shall determine a fair, an exhibition, a wholesale market, a weekly market, a special market or a fair according to object, time, opening hours and place (§ 69 Gewerbeordnung - GewO).
The organisation of markets is in principle possible without a permit. However, certain privileges are associated with the establishment of a market, e.g. with regard to Sunday and public holiday law, shop closing time law, working hours law, trade and catering law. The privileges under trade law include, in particular, the exemption from the requirement to obtain a travel permit for the sale of goods in accordance with § 55 Para. 1 No. 1 GewO.
For non-established markets, on the other hand, the general regulations apply.
The events that can be established are described in more detail below:
A trade fair is a temporary, generally regularly recurring event at which a large number of exhibitors display the essential range of products of one or more branches of industry and sell them predominantly by sample to commercial resellers, commercial consumers or bulk buyers (Section 64 GewO).
An exhibition is an event of limited duration at which a large number of exhibitors display and distribute a representative range of one or more economic sectors or economic areas or provide information on this range for the purpose of sales promotion (Section 65 GewO).
A wholesale market is an event at which a large number of vendors sell certain goods or goods of all kinds essentially to commercial resellers, commercial consumers or bulk buyers (Section 68 GewO).
A weekly market is a regularly recurring event of limited duration at which a large number of vendors offer for sale one or more of the following types of goods (Section 67 GewO)
- Foodstuffs within the meaning of § 1 of the Foodstuffs and Consumer Goods Act with the exception of alcoholic beverages; alcoholic beverages are permitted if they have been produced from home-grown products of viticulture, agriculture or fruit growing and horticulture; the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials, where the raw materials are not fermented by the original producer, is permitted;
- products of fruit-growing, horticulture, agriculture, forestry and fisheries;
- raw natural products with the exception of large livestock.
A special market is an event generally recurring regularly at longer intervals and limited in time, at which a large number of vendors offer for sale specific goods (§ 68 GewO).
A fair is a generally regularly recurring event of limited duration at longer intervals, at which a large number of vendors offer goods of all kinds (§ 69 GewO).
The regulations on the fixing of markets also apply to public festivals. However, these are not subject to any privileges with regard to the travel trade card.
A public festival is a generally regularly recurring event of limited duration at which a large number of vendors carry out entertainment activities within the meaning of Section 55 (1) No. 2 and offer goods for sale which are usually offered at events of this kind (Section 60b GewO).
Real estate agents, property developers and building supervisors as well as auctioneers are also subject to the regulations on standing trade at established markets.
In the case of public festivals, weekly markets and fairs, the organiser may only demand remuneration for the provision of space and stands and for the use of utilities and supply services, including waste disposal. In addition, the organiser of public festivals and fairs may demand a contribution to the costs of advertising (§ 71 GewO).
The principles of public holiday law are to be taken into account in the determination decision. In each individual case, it must be examined in detail whether the market to be fixed is compatible with the principles of the law on Sundays and public holidays. 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, no market is to be established on silent days. However, this does not exclude that markets may be established in individual cases if the serious character corresponding to these days is preserved.