Application for a location in a market or hall

The conditions to be met in order to obtain a location in a market or market hall are:

• Be at least 18 years old
• Be a national of France, a national of the European Union or a foreigner legally resident (i.e. have obtained the right to reside in France)
• Be entered in the Commercial and business Register (RCS) or the National company Register (RNE) for a non-sedentary business activity

An application for a fixed location in an open market or in a market hall shall be filed, as the case may be:

• Either with the town hall, usually to the committee responsible for allocating the places
• Either with the delegated manager (municipal staff responsible for allocating places - planner, company or agency responsible for managing the contract).

It is recommended that you contact the City Hall to obtain this information.

If the request is made by mail, it must be made by registered letter with acknowledgement of receipt. Sample letters are available on the internet.

2 scenarios are possible:

• Or the trader asks for a subscription to the year to obtain a fixed location, which he is guaranteed to benefit from except in exceptional cases (works for example). He pays a seat fee through an annual, quarterly or monthly subscription.
• Either the trader requests a vacant location by the day (called steering wheel seat or passenger seat) with the placier receiver.

According to the conditions detailed in the communal regulation, the allocation of vacant space can be carried out by drawing lots or by order of arrival, after entry on a waiting list.

Out of respect for the equality of the residents in front of the public services, it is forbidden to reserve places for the resident traders of the commune.

The following documents must be attached to the application:

• Valid non-sedentary merchant card or provisional attestation
• Extract Kbis from the Register of Traders and businesses (RCS) or proof of registration to RNE: titleContent
• MSA Map for Producers
• Certificate of insurance

Depending on the city, you have to meet certain dates to apply.

For example, in Paris, applications must be made between January and February of each year.

The authorization for land use (AOT), obtained following the request for a site, is granted personally to the merchant. It is temporary and can be withdrawn.

THE AOT may not be transferred to another trader. Thus, when a business change or a sale of goodwill occurs, the authorization is canceled (it is not part of the goodwill transferred) and a new application must be filed by the new owner or buyer.

However, the trader may present a successor to the mayor of the municipality, but the following conditions must be met:

• The potential successor must be registered in the SCR: titleContent
• The trader who presents a buyer must have been active in the hall or on the market for a certain period of time fixed by the municipal council (not exceeding 3 years).

The mayor can thus accept that the AOT of the location in the hall or on the market be transmitted to the buyer.

Transmissibility of AOT is not automatic : the purchaser must comply with the rules for the award of a contract location laid down in the contract documents or the municipal regulations.

The mayor's decision duty be notified to the seller and the buyer approached by the business, within 2 months of receipt of the request by the municipality.

If the mayor refuses to transfer the authorization to the nominated successor, he must explain the reasons that led him to make this decision.

In the event of the death, disability or retirement of the holder of the AOT, its rights-holders may apply for an identical AOT, allowing the continued operation of the fund.

If the beneficiaries do not continue to operate the fund, they may, within six months of the death, submit a successor, who may benefit from the rights and obligations of the former holder.

The seat duty fee is freely fixed by decision of the municipal council, after consulting the professional organizations concerned.

However, it must be uniform throughout the municipality.

The tax may be applied to the linear meter occupied or to the square meter.

The rate is unique and it is strictly forbidden to apply different rights of place according to the nature of the activities or the category of professionals (trader, craftsman or agricultural producer).

The amount of the seat fee shall be displayed at the market place.

Each payment (to the City Hall Board or to the cupboard) duty be the subject of an space receipt. This document shall bear the following particulars:

• Name of the municipality
• Date
• Name of the professional
• Busy footage
• Total price payable (with VAT returned for the part of the total amount that goes to a dealer)

The organization of market halls is the responsibility of the mayoral competence.

A decision by the municipal council establishes the regulations or specifications of the contracts established in the municipality.

The following information is mentioned:

• Creation or transfer of a contract
• General functioning of the market
• Number of locations for merchants
• Dates and times of local markets
• Rates for seat fees
• Permission Types
• Parking and traffic rules
• Monitoring of market transactions, in particular