Any trader or artisan-trader who wishes to use a non-fixed place on a market for his activity must apply for an AOT. It's a location called too right of place.

The place of activity can be either a covered market (e.g. a market hall), an open market (e.g. weekly outdoor market, Christmas market, etc.), or a trade show (e.g. book fair, agricultural fair, wine fair, etc.).

This obligation applies to all types of stands,display and walking trade present on a market or trade show: barnum, display, truck, etc.

The conditions to be met to obtain a location on a market or in a hall are as follows:

• Be at least 18 years old
• Be a French national, a national ofEuropean Union or be a legal foreigner (i.e. have obtained the right to reside in France)
• Be registered in the Trade and businesses Register (RCS) or the National Register of companies (RNE)
• Own the traveling business card except for the following cases: farmers and fishmongers who sell their own production, traders who only do the markets of their own municipality (residential or business address). For more details, see the following page: Street shopping: regulations to be respected
• Hold insurance for the occupation of the public domain.

Which file to fill and to whom to send it?

The file varies according to the municipalities.

It consists of a declaration form and documents to be provided. These are:

• or a form specific to the municipality. It can be either downloaded from the website of the town hall where the activity takes place (or the prefecture if the request concerns a major artery of the city), or available on site in the town hall or prefecture (if it is a major artery of the city, a departmental or national road).
• or form cerfa n°14023.

Application for permission or authorization of roads, parking permits, or authorization to undertake work

The documents to be attached to the form are as follows:

• Copy of the extract K or Kbis (certificate of registration in the commercial register RCS: titleContent or proof of registration at RNE: titleContent)
• Certificate of insurance for the occupation of public space
• Description of the display and the materials used, with a plan specifying the location of the device on the sidewalk and its area
• Map of walking trade
• MSA map for agricultural producers
• Bank Identity Statement (RIB).

The file must be sent either to the town hall or to the prefecture if it is a major urban artery, a departmental or national road.

How is the authorization notified?

The processing of the application is between 2 weeks and 1 month depending on the municipalities and prefectures.

The applicant is notified of the decision by the municipal or prefectural authority.

Without a response within 2 months, the request is considered refused.

One municipal or prefectural decree is published. It is displayed at the town hall or prefecture for a minimum of 2 months.

Two scenarios are possible:

• Either the merchant asks for a year-round subscription to obtain a fixed location, from which it is guaranteed to benefit except exceptional cases (works for example). He then pays a place fee by annual, quarterly or monthly payment.
• Either the merchant requests a vacant pitch for the day (called steering wheel seat or passenger seat) to the receiver-placier.

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

In order to respect the equality of the citizens before the public services, it is forbidden to reserve places for the traders resident in the commune.

The rate of the right of place must be defined by the mayor and deliberated in municipal council, in compulsory consultation with the relevant professional organizations.

The seat fee tax can be applied either by monthly or annual subscription, or by a daily package.

The rate is calculated on the basis of linear meters occupied or square meters of surface occupied.

The procedure of prior selection of street traders must provide all guarantees of impartiality and transparency.

Freedom of trade prohibits the application of 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 place fee must be displayed at the market place in the communal regulation of markets.

Each payment (at the town hall or at the placier) must be the subject of a seat entitlement receipt. This document shall bear the following particulars:

• Name of the municipality
• Date
• Name of the professional
• Movie Busy
• Total price to be paid (including VAT for the part of the total amount that belongs to a dealer).

When occupying part of the public space, the trader must comply with the following rules:

• Do not create no discomfort for circulation pedestrians, for persons with reduced mobility or visually impaired and for emergency services
• Leave open access to the neighboring buildings and preserve the tranquility of the residents
• Respect the dates and the opening hours of opening fixed in the authorization
• Comply with the regulations specific to each profession, for example hygiene rules for foodstuffs (cold chain, protection of ready meals).

These rules are often written in a charter of commercial occupation of the public domain, published by the municipality.

This charter can be consulted either on the website of the city or prefecture concerned (or on site).

Authorization to occupy the territory (AOT), obtained following the application for location, is granted personally to the merchant. She is temporary and can be removed.

THE AOT may not be transferred to another trader. Thus, in the event of a change of activity or a transfer of business, the AOT authorization is canceled (it is not transmitted with the transferred business).

A new application must be filed by the buyer.

However, the merchant may present a successor to the mayor of the commune.

The conditions The following must then be complied with:

• The potential successor must be registered in RCS: titleContent or at RNE: titleContent.
• The trader who presents a successor must have exercised his activity in the hall or on the market for a certain period fixed by the municipal council (without being more than 3 years).

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

Transmission of AOT is not automatic : the successor submitted must comply with the rules for allocating a market location. These rules are set out in the specifications or by-law.

The mayor's decision must be notified to the two parties (the former holder of the AOT and his successor), within 2 months of receipt of the request by the municipality.

In case of refusal, the decision must be reasoned.

In the event of death,incapacity or retirement of the holder of the AOT, the right of presentation of a successor shall be transferred to its rights holders who may make use of it in benefit of one of them.

If the successors do not present a successor within 6 months maximum (depending on death, disability or retirement), they lose this right of presentation.

In case of recovery of the activity by the spouse of the original holder, he shall retain his seniority in order to assert his right of presentation.

The organization of market halls and markets falls under the competence of the mayor.

A decision of the municipal council establishes the by-law 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 municipal markets
• Tariffs of space rights
• Types of authorization
• Parking and vehicle traffic rules
• Control of transactions that take place on the market in particular