Market fixing
The determination of the market ( determination of an event ) is based on the trade regulations . Organizers of trade fairs , exhibitions , weekly markets , special markets , annual fairs and folk festivals can apply for a fixing on the basis of market law. The application is made to the authority in whose area the event is to take place. The trade office or the public order office is responsible . After completion of the procedure, the organizer receives market freedom .
Request
In order to obtain a determination, the organizer must submit an application for a determination according to § 69 GewO. This is usually a form; the local authority can provide more detailed information. In this, the organizer must state what kind of event is planned. There is the fair (according to § 64 GewO), the exhibition (according to § 65 GewO), the weekly market (according to § 67 GewO), the special market (according to § 68 para. 1 GewO), the annual market (according to § 68 para. 2 GewO) and the folk festival (according to § 60 b GewO). The application must provide information on the location of the event (preferably with a sketch), the duration of the event, the opening times, the times for assembly and dismantling, and information about the nature of the goods on offer. Information on insurance, a list of participants and an overview of the stands must be submitted as attachments. Due to the duration of the event, the organizer and the person responsible for the event must apply for a police clearance certificate and an extract from the central trade register for submission to an authority at the local citizens' office. It makes sense to submit a confirmation of the application right away. If further activities are planned, for example fireworks or other spectacular events, this must also be stated.
complement
If the serving of alcohol is planned, this must be requested separately. The procedure must be coordinated with the authority - e.g. For example, whether each provider has to submit their own application or whether the organizer collects and submits an application for all of them.
Allocation of a category as part of the procedure
The classification of an event is based on general criteria:
Exhibition (§ 69 GewO in conjunction with § 65 GewO):
- Offer to end users
- Goods are sold directly on site
- gives an overview of an area of the economy
- Entry fee possible
- Event is limited in time
Fair (§ 69 GewO in connection with § 68 Abs. 2 GewO):
- wide range of goods
- Minimum: 12 providers, otherwise not determinable
- Entrance fee not possible
- The event is offered on a regular basis and is limited in time
Trade fair (§ 69 GewO in conjunction with § 64 GewO):
- Offer to traders
- Sales of goods are carried out using templates
- gives an overview of an area of the economy
- The possibility of direct purchase by end consumers can be permitted on a few days
- Entry fee possible
- The event is offered on a regular basis and is limited in time
Special market (§ 69 GewO in connection with § 68 Abs. 1 GewO)
- narrowly limited to one subject, e.g. B. CDs, postage stamps, wine
- only 1 special market of the respective character per month per area permitted
- Entry fee possible
- The event is offered on a regular basis and is limited in time
Folk festival (§ 69 GewO in conjunction with § 60 b GewO)
- Minimum: 6 participants
- Showman booths and attractions are the focus of the event
- no entrance fee possible
- no stands of parties or associations permitted
- The event is offered on a regular basis and is limited in time
Weekly market (§ 69 GewO in conjunction with § 67 GewO):
- Offer to end users
- no typical trade fair elements such as samples or similar.
- Product range specified by Section 67 (1) No. 1 to 3 GewO
- Minimum: 12 participants, otherwise not able to be determined
- Event is limited in time, but takes place regularly
Procedure
After submitting the application, the authority checks whether there are reasons against the will and usually asks the institutions involved - these are, for example, the police , the fire brigade , the Chamber of Commerce , the veterinary and food control, the environmental agency or the TÜV . During the process it is decided whether the agencies are involved through the organizer or the authority.
Result
The determination will be announced in a written notification. This can include a fee. Objections and legal action against the decision are permissible before the administrative court. The document must be carried with you during the event and checked by institutions, e.g. B. be shown to the police or the public order office.
advantages
After successful completion of the examination and the result, the event receives market privileges and thus freedoms. This includes the elimination of Sunday and public holiday rest (with the exception of Good Friday, National Mourning Day and the Sunday of the Dead), no travel trade cards (exception: showmen ) need to be applied for and the restrictions of the Shop Opening Act (not for weekly markets) and employment bans no longer apply.
See also
Individual evidence
- ↑ a b c d Overview of the IHK - PDF file, accessed on July 16, 2018.
- ↑ Information from the Ordnungsamt - General information, accessed on July 17, 2018.
- ↑ Trade Regulations - accessed on June 22, 2019
- ↑ Information sheet on the procedure - Word document, accessed on July 17, 2018.
- ↑ Severin Robinski : Commercial law. 2nd Edition. Verlag CH Beck, Tübingen, 2002.
