Establishing The Licence To Exercise Of Industries And Of Shops And Laying Down The Relative Tax Franchise

Original Language Title: Istituisce La Patente Per L'esercizio Delle Industrie E Dei Commerci E Che Stabilisce La Relativa Tassa Di Concessione

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5. No law establishing the license for the exercise of industry and commerce and establishing its franchise fee. We the Captains Regent of the Most Serene Republic of San Marino promulgate and publish the following law approved by the Great and General Council in His Returning delli March 8, 1927: Art. 1. Those wishing to exercise a trade or industry must be provided with special license. And 'it made only exception: 1) for craftsmen unless you take not open to the public store where, in addition to the performance of their work, sell their own or other people's products; 2) for owners who sell the products of their land, provided it does not have constituted an industry or not belonging usual retail sale of their products; 3) for foreign vendors who travel on this land in the days of the fair, as long as they are in possession of the papers prescribed in the country of their origin; 4) for employees from government institutions and for the works of charity by the Government authorized. Art. 2. The license may be issued to anyone who so requests to be Lire stamp Political Inspectorate on paper 4. The application must specify: 1) the subject of trade or industry; 2) the location where the operation will take place; 3) the anticipated duration of that year: that is, whether continuous or temporary or occasional; 4) the person or persons owning the trade or industry and that, in effect, are responsible. The application must be signed by all persons mentioned in the preceding number and signature on the presence or the Inspector politician or a notary public and stamped by them. Asked applicants must join the criminal record. Art. 3. The license must be refused: 1) those who can not validly undertake; 2) who has been sentenced to deprivation of liberty for longer than three years for any crime: to what has not been involved amnesty or rehabilitation; 3) who has fallen twice in the judicial contest; 4) those who demand to implant industries or prohibited by applicable laws or international trade agreements provided that intervenes special concession by the Great and General Council. The license may be denied: 1) those who have been convicted of crimes against the personality of the State or public order - or to crimes against persons committed with you fishing line - or for theft, robbery, extortion, blackmail - or to violence or resistance to authority; 2) those who have already fallen once in competition proceedings and did not come to agreement with its creditors; 3) those who can not prove his good conduct civil, moral, political. Art. 4. The license may be granted to emancipated minors and women (both single women who married) only when the authorizations prescribed by existing laws have occurred. The emancipated minors and women which has been ta releases the license may, in relation to the industry or trade for which they are licensed, undertake freely but within the limits eventually placed in the authorization that enables the trade or industry. For the purposes of this Act the provisions are considered revoked in art. 1 Council Decree of 15 February 1888, Article 2 of the promissory Code and Address Book XLI, Book II of the Statutes. Art. 5. The Provincial Political issues licenses subject to approval by the Secretary of State, and on presentation of the bill which establishes the payment of the fees referred to in the art. 11. The Provincial Political, as making the package delivery in the licenses, it gives notice to the Commissioner's Court. The notice must include all the information specified in Art. 2 as well, for women and for children, a copy of the authorization enabling trade. With the Clerk of the Court will be kept a register of industries and regularly licensed businesses. Any person can take vision of that register and the inscriptions they have in place. Art. 6. The license is valid for one year, calculated according to the common calendar, from the day of issuance. The day of the term is not fall within the period. In order to obtain the renewal of the license just to present the Political Inspectorate the existing one as well as the bill stating the payment of the annual fee in art. 11. Although the renovations will be communicated to the Court. The license is personal and you can not give to others. The holder can lead the industry or trade in the midst of family and employees, but under his direct responsibility. Art. 7. The issue of the license and entry in the register of industry and commerce shall not affect the
issues that may arise about the existence of the company and its relations between them and third parties; and, n species, does not confer legal personality that can only be granted by the Council of the Twelve under Article. 3 No. 2 of the Law 5 June 1923 No 13. Art. 8. The industries and businesses that have been awarded in accordance with applicable laws, legal recognition are exempted from the application of Article 2 of this Act. They get a driver's license, its annual renewal, the registration in the register of industries and trades with only the presentation of the bill Political Inspectorate confirming the payment of the fee referred to in Article. 11. Art. 9. The license may Inspector Political - prior authorization from the Secretary of State - be removed at any time and be suspended for longer term 'or shorter in cases where: 1) the dealer slyly shirk the market groceries; 2) the trader sells the food at a price higher than that established by the civil or public authorities; 3) the trader for two consecutive times - whatever the time of the offense - has been punished for the offenses referred to in Titles VII (Art. 348 et seq.) And VIII (Art. 354 et seq.), Title I . Class 2, Book I, Part II. the Penal Code and for fraud and adulteration covered in special laws; 4) the trader does not comply with the laws in force or the provisions legitimately given by the authorities. The license is also subject to revocation, when, after c ncessa, come true one hypothesis for which it is or may be denied. Art. 10. Against the provisions of the Political Inspectorate who deny, remove or suspend the licenses may be appeal to the Council of Twelve who decides how I defined. Art. 11. The granting of the license is subject to the following taxes: a) for industries and businesses related to alcohol and vinous - much if sold sun, as if commingled with the sale of other genres - L. 60; b) for all other industries and for all other L. 30 businesses; The annual fee for the renewal of licenses is established in the mid of the registration charge mentioned above. Industries and businesses for which the demand is expected to pay less than one year: a) if the duration does not exceed three months, half of the registration charge; b) if the duration exceeds three months but not six: two-thirds of the license fee; c) if the duration exceeds six months: the entire set charge for the grant. In any case, even if the exercise of the industry or trade lasts less than expected, it had to refund of fees paid. The fees are paid to the office of the Register who release a special bill. The details of that bill will be made by the Inspectorate on the license. Art. 13. Persons who at the time of publication of this law exert industries or businesses are allowed to continue in the exercise of the same until June 30, 1927. Within that period must have obtained the license by making application under Article. 2. Art. 14. Those who do not comply with the provisions of this law are punished extensible fine glue, as appropriate, from twenty-five pounds in five hundred lire: still more and the tax payment obligation in art. 11 where they are due. Judge glue conviction may order the closure of industry or commerce until all the legal requirements have not been observed. Art. 15. This law comes into effect in the act of publication in the Official Bulletin. Given at Our Residence, this day of March 8, 1927. THE CAPTAINS REGENT Giuliano Gozi - Roger Morri THE SECRETARY OF STATE p. FOR INTERNAL AFFAIRS Francesco Morri