In accordance with the provisions of article 133.1 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, with the aim of improving citizen participation in the rule-making procedure, with a Prior to the preparation of the draft of a Regulatory Ordinance, the opinion of the subjects and the most representative organizations potentially affected by the future standard will be obtained regarding:
a) The problems that the initiative is intended to solve.
b) The need and opportunity for its approval.
c) The objectives of the standard.
d) Possible alternative regulatory and non-regulatory solutions.
Citizens, organizations and associations who so consider may submit their opinions on the aspects raised in the following questionnaire during the period of twenty days counting from the day following the publication of this announcement on the municipal website, by submitting it in any of the places indicated in article 16 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
PROBLEMS THAT THE INITIATIVE INTENDS TO SOLVE
Non-sedentary sales constitute a sign of identity of the traditional commercial structure of the Valencian Community, of which the Friday Market currently held on C/ Divina Aurora is a clear example, which is deeply rooted in the municipality and in the face of absence of regulations for this Market, it must be regulated in compliance with the provisions of Decree 65/2012, of April 20 of the Consell, which regulates non-sedentary sales in the Valencian Community.
Non-sedentary sales have achieved their own notoriety, in such a way that they provide promotional utility to the urban and commercial environments in which they are developed and contribute to the maintenance of a stable level of employment in this sector.
NECESSITY AND OPPORTUNITY OF ITS APPROVAL
Decree 65/2012, of April 20, of the Consell, which regulates non-sedentary sales in the Valencian Community, determines in its articles that the City Councils, through municipal ordinance, will regulate non-sedentary sales in their municipalities as well as grant licenses to sellers.
With the direct management of the Friday Market assumed by the Hon. El Verger City Council is necessary to have a municipal ordinance to regulate the particularities of non-sedentary sales in it and in the place where it is located, as well as to carry out a procedure for assigning positions and granting the corresponding licenses, in addition to establish the conditions for the development of this type of street vending from the quality of the service to its users, improving the working conditions of the sellers, contributing to their professionalization, improving their competitiveness and introducing criteria of environmental responsibility in management. of waste after the celebration, introduce innovation criteria and continue to support local and local trade.
OBJECTIVES OF THE STANDARD
In accordance with the provisions of article 6 of the Decree cited in the Ordinance, the following will be regulated:
- The perimeters or certain places, public or private, where non-sedentary sales can be carried out.
- The days and times in which the activity can be carried out according to the sales modality.
- The type of products that may be authorized in each case.
- The conditions of the sales stalls and the products that are sold.
- The requirements for the exercise of non-sedentary sales, the maximum number of authorizations that may be granted, the procedure and the criteria that will be taken into account for the granting and transmission of authorizations for non-sedentary sales.
- The exceptional criteria that must be considered on the occasion of the celebration of the town’s festivities and the organization of public events.
- The regime of infractions and sanctions.
The Ordinance is therefore intended to establish the typology of products for sale in the Market, their location, times for setting up and dismantling the stands, hours of sale to the public, the procedure for granting licenses, changes in ownership of the stands. as well as the necessary requirements of the holders of the stalls and the people authorized therein to carry out the sale and the sanctioning regime for the Friday Market.
POSSIBLE ALTERNATIVE REGULATORY AND NON-REGULATORY SOLUTIONS
Article 25.1 f) of Law 7/1985 of April 2, Regulating the Bases of the Local Regime and article 33.2 g) of Law 8/2010 of June 23, of the Local Regime of the Valencia Community grant powers to municipalities regarding street commerce.
At the state level, Law 7/1996, of January 15, on the regulation of Retail Trade regulates non-sedentary sales in Chapter IV and establishes in article 54 that the authorizations for this sale correspond to each municipality in accordance with the ordinances or municipal regulations that are established and the principles to safeguard transparency, equal treatment in the selection of candidates for sales positions.
Law 3/2011 of March 23, of Commerce of the Valencian Community regulates this type of sale in Chapter I and specifically in article 47, also establishes the need for its regulation by municipal ordinance and the previous principles of transparency, advertising , concurrence in the selection of sellers to safeguard the principles of equal treatment and free competition.
Decree 65/2012, of April 20, of the Consell, which regulates non-sedentary sales in the Valencian Community, determines in its articles that the City Councils, through municipal ordinance, will regulate non-sedentary sales in their municipalities, as well as grant licenses to the sellers, so it is necessary to issue an ordinance that regulates all these aspects in the municipality’s Friday market.
