SAN MARINO

We the Captains Regent
Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005; We promulgate
and send for publishing the following ordinary law approved by the Council
Great and General during the meeting of July 22, 2010:


LAW July 26 2010 Ranked # 130

DISCIPLINE OF TRADE AND RULES OF DEVELOPMENT OF TRADE OF THE DISTRIBUTION NETWORK

REPUBLIC OF SAN MARINO
TITLE I GENERAL PROVISIONS



Art.
1 (Purpose and object)

1. This Act regulates the exercise of commercial activity.
2. This law intends to fully implement the principle of protection and guarantee of private economic initiative
enshrined in Article 10 of Law 59 of July 8, 1974, as well
make efficient, modern, balanced and qualified distribution network commercial, also by encouraging the evolution
technological offering.

Art.
2 (Definition of commerce)

1. For the purposes of this Act, is defined as the exercise of trade brokerage in
movement of goods objectively relevant to the effects of the commercial activity, the exercise of
ancillary activities and the provision of related services, and related to the marketing of
goods.
2. The exercise of this activity occurs when there is a transfer of one or more goods from one person to another
which corresponds to an onerous consideration.

Art.
3 (Scope)

1. They are considered those traders who are involved in the intermediation of goods
any capacity.
2. They are not considered traders those who occasionally alienate goods that are
served to meet their needs or their family. 3
. While performing acts of commerce, they are not subject to the provisions of this law:
1
2
a) the industrial license holders who sell wholesale the articles of own production and
complementary accessories;
B) farmers, breeders and farmers who sell in their own beds
agricultural and livestock products of own production;
C) the craft license holders who sell wholesale or retail on the production site,
articles which they manufacture;
D) consortium companies legally established in the Republic of San Marino who sell
at its office retail goods produced by the activity of members of consortia
consistent with the social objectives of the same.
E) those who, paying voluntary work, selling newspapers, publications and other articles for
behalf of political parties, legally recognized organizations, non-profit organizations, which pursue
humanitarian, social, search or scientific, churches, religious communities and associations, in
purpose of political propaganda, trade union, cultural, religious;
F) the State and public bodies.
4. Agents and representatives of trade, brokers and commission agents
business agent, to the extent not otherwise provided by law 31 October 1990 n. 125
are subject to the provisions of this legislation.
5. The occasional exercise of commercial activity is regulated by specific regulations issued by the
Trade Commission.


Art. 4
(operating commercial activity mode)

1. The business may be exercised as:
a) retail trade;
B) wholesale trade;
C) e-commerce;
D) commercial intermediation and auxiliary activities.


Art. 5
(Definition of retail trade)

1. For retail trade refers to the activity of the person who buys goods in the name and on behalf
own and sells them directly to the final consumer, who is the one who buys goods for
meet their personal needs or their family or others without any remuneration.
2. Each economic entity may hold one license for the exercise of
retail trade, to be exercised in two separate locations, or more, as will govern
Plan of Trade Enhancement.
The exercise of the commercial activity in distinct facilities by commercial operator
will be conducted in such a way that:
a) the activity is clearly attributable to the ends of the same operator;
B) the assets have published the same designation;
C) the goods sold in retail outlets are consistent, similar and complementary, clearly
related to the same business plan;
D) the premises are equipped with the necessary eligibility requirements identified in the subsequent articles 00:36.
3
. The exercise of the retail trade, where it is expected in the subject of the license,
allows the exercise of service activities related or connected to the main activity, as defined in the following article 67.

4. The license holder for the exercise of retail trade can not have relationships
employment or exercising self-employment, or have held other license
except as specifically provided in Appendix "A "the present law.

3

Art. 6
(Manner of the retail operation)

1. The retail trade may take place in the following forms:
a) business open to the public;
B) by means of automatic equipment;
C) via communication systems such as information and communication tools, correspondence and
television;
D) in form ambulante on public land;
E) at the consumer's home or to another location different from the public areas.


Art. 7
(Of the license holders for the exercise of retail
in service open to the public)
​​
1. They can be licensed for the exercise of retail trade in service
open to the public individuals residing in the territory of the Republic of San Marino or
legal persons duly recognized under the relevant laws of San Marino on the matter.
2. For legal entities of commercial license holders referred to in the previous paragraph, it is
prerequisite that the shares or the shares representing the majority of
share capital are owned by natural persons resident in the territory of the Republic of San || | Marino. 3
. Contrary to what is expected in the top paragraph, the shares or the shares
representing the majority of the share capital may be held:
a) of commercial legal entities whose shares are held by natural persons
residing in the territory of the Republic of San Marino;
B) prior authorization of the State Congress, by joint venture companies legally established in the
territory of the Republic of San Marino San Marino in accordance with regulations governing the industry
.
4. Notwithstanding the above, it is allowed the establishment of a limited liability company or joint stock company in which
may hold majority shares until the entire capital share
:
a) natural persons not resident in the territory of the Republic of San Marino;
B) of San Marino law legal persons of character other than those referred to in paragraph 3 point higher
a);
C) legal persons not under San Marino law.
These social units or shares can not be represented by fiduciary both
companies themselves that those parent companies.
5. The issuance of the operating license for the activities referred to in paragraph 4 higher is subject to authorization
by the Examination Committee as provided in article 21.


Art. 8
(wholesale Definition)

1. For wholesale trade refers to the activity of the person who buys goods in the name and on behalf
own and sells them to other economic operators as part of their core business or
to professional users such as staff canteens, colleges , boarding schools or the like, provided they have a specific authorization
in the relevant sector.
2. The exercise of the trade, if it is foreseen in the subject of the license,
allows carrying out the activities referred to in point d) of the previous article 4 as well as the exercise
4
of the related service activities or related to the main activity, as defined by the next

Article 67. 3. The license holder for the exercise of the trade can not have relationships
employment or exercising self-employment, or have held other license.


Art. 9
(wholesale operation mode)

1. The retreatants wholesale companies located in the territory of the Republic of San Marino
may pursue their activities in the fixed or by mobile equipment.
2. The activity is carried out in one location used as a place of sale; additional locations can be
exclusively set aside for storage of goods or administrative. 3
. The premises used for storage and the place of sale must not be provided to showcase.
If there is showcase it must be matted by appropriate means, permanently affixed and
must also be posted at a road sign indicating the prohibition of sale to the public.


Art. 10

(Of the license holders for the exercise of the trade)

1. Can be licensed for the exercise of wholesale
natural persons resident in the territory of the Republic of San Marino or legal entities, duly recognized
under the relevant laws of San Marino on the subject, the type of
limited liability company or joint stock company, whose shares or shares can not be represented by
fiduciary mandate.


Art. 11
(e-commerce Definition)

1. For e-commerce refers to the activities of trade in goods and services of any nature
by computer.
E-commerce can be done by any economic operator in possession of a valid license
limited to the scope and operating mode of the license or by receiving
appropriate commercial license in case l 'sales activity is carried out as an exclusive.
2. E-commerce and related activities will be regulated by a special law.

Art. 12
(Definition of auxiliary activities and commercial brokerage)

1. For commercial intermediation and auxiliary activities are those activities covered by the Law
31 October 1990 n. 125 "Regulations on the activity of commercial agents,
representatives of commerce, business brokers, brokers, commission agents.".
2. For the activities of the commission and the agents or representatives of trade with
deposit it applies to the provisions referred to in the third paragraph of the preceding Article 8.

Art. 13
(Of the license holders for the exercise of ancillary activities and commercial brokerage
)

1. Can be licensed for the exercise of ancillary activities and brokerage trading
natural persons resident in the territory of the Republic of San Marino or the
legal persons duly recognized under the relevant laws of San Marino on the matter.
5
2. For people of legal commercial license holders in the preceding paragraph is
prerequisite that the shares or shares representing the majority of the capital Social
are owned by an individual resident in the territory of the Republic. 3
. Contrary to what is expected in the top paragraph, the shares or shares representing
a majority of the share capital may be owned by commercial companies whose shares or
majority of shares are held by natural persons resident in the territory of the Republic
of San Marino.



Art.14 (Commerce for correspondence, television or other communication systems)

1. To trade for correspondence, television or other communication systems
means the trade of goods and services of any nature by means of the above-mentioned instruments.
The trade for correspondence, television or other communication systems can be done
by any economic operator in possession of a license limited to the scope and
of the exercise of their license.
2. The exclusive exercise of commercial activities through correspondence, television or other
communication systems, requires the prior obtaining of the relative commercial license
with procedures, terms and requirements specified by a special law.


Art. 15
(retail under home
consumer or elsewhere different from public areas)

1. The sale of retail products or collection of purchase orders at the consumer's home
presupposes the prior obtainment of the relevant authorization from the Office
Industry and Commerce.
2. The applicant for the authorization for the sale of retail products or collection of purchase orders
at the domicile of the consumer must certify that they meet the requirements
in the second paragraph to article 24 and for the points a) , b) c).
The authorization request must include:
a) the type of activities to be performed;
B) the area where you intend to carry out the activity;
C) the types of goods that you intend to market. 3
. The request for authorization referred to above must be accompanied by the following documents:
a) criminal record certificate for administrative use;
B) certificate of residence;
C) validity or equivalent certificate or partnership contract or document from which it
seen the legitimate authorization to market the products handled by the transferee.
4. The authorization is issued by the Industry and Commerce prior

Payment of charges and related taxes; the same is strictly personal and can not form the subject of alienation
.
5. The determination of the charges in the upper section 4 is deferred to regulation
through specific delegated decree.
6. The renewal is required annually to the Office Industry and Commerce
by 15 December, upon presentation of the documentation referred to in the third paragraph
.
7. The refusal of the authorization requested, release takes place in the instance case
not comply with the provisions of the present law, for lack of requirements and / or documents referred to in this Article
.


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Art. 16
(Outlet)

1. E 'defined outlets and can use that designation the business open to the public
which sells non-food products with the features of: articles previously
unsold, the sample items, with no hidden manufacturing defects, products end series also
from other commercial activities.
2. The outlet may be carried in:
a) businesses with sales area up to 300 sq m., In which case
must comply with the rules governing these types of operation and to present a unified image | || due solely to the type of goods in question;
B) shops with a sales area exceeding 300 square meters, in which case
must adhere to the standards for such type of exercise and have a factory outlet functions
characterized by the allocation of additional services and high standards of urban and territorial type
mobility-related and incidental services. This type of exercise commercial
can contain within itself a food flagship space.


Art. 17
(Factory Outlet)

1. And 'it allowed the production companies in the same open a factory outlet
for sale to the public of products of own production. The activity is subject to specific authorization by
Trade Commission.
For production enterprise is an organized economic activity, with specific structure
company with at least 10 employees, which relates to the design and production cycles
by the use of equipment and adequate facilities . The company must supervise the
final check of the processing and the marketing of the same.
2. The sale must take place in the spaces provided, separate from the production of less than 300 square meters
. in times and days limited than the ordinary working hours carried out by the productive sector,
for no more than 36 hours a week and never exceeding 8 hours per day and always
on weekdays. Opening days and times may be revised, according to the
associations should any needs or reasons which justify
changes; in this case the changes will be regulated by a special delegate decree.



Art.18 (Trade Observatory)

1. At the Secretariat of State for Industry, Crafts and Commerce has established the
Trade Observatory.
The Trade Observatory, making use of subject experts in the fields of distribution
commercial, economic and territorial development and data processing, performs a function monitoring
reported extent and efficiency of the commercial distribution network
well as employment in the sector.
2. The Trade Observatory detects data for the definition of actions and interventions specific
to be taken to enhance trade in the historical center of the Capital, in the centers
Historical and in areas with predominantly residential character. 3
. The Trade Observatory is entitled to use the Public Administration and private
with specific skills in order to implement a permanent monitoring.
The Trade Observatory based on data collected as a result of carrying out its functions
, prepares an annual report on the extent, evolution and network efficiency
commercial distribution and, if it is deemed necessary, it can also prepare periodic reports
about the findings of the investigations conducted as part of their duties.
7
4. It 'also the task of the Observatory annually perform monitoring
both quantitative and qualitative terms of demand and supply of commercial distribution, both in order to provide
indications for interventions in support of the sector of Public Administration, is to inform

Trade associations and entrepreneurs with respect to the dynamics of the industry.
Monitoring in addition to verifying the contingent aspects will provide guidance with respect to trends and to evolutionary scenarios
.
The monitoring activities will also be organized through the use of experts in the industry.
The data and documentation projects must be disclosed in periodic activities
agreed with the Secretary of State for Industry, Crafts and Commerce, aimed at deepening
also issues relating to the Valorisation Plan Trade both the Historical Center
for other areas or for specific sectoral activities.
The Observatory through the monitoring activities:
a) set up an information system of the distribution network, making use of the
Data Center Data Processing and Statistics, Chamber of Commerce and all public offices that
deem useful;
B) produces and disseminates to all stakeholders the knowledge base and the aggregate data for the
programming in trade, with particular regard to
processes arising from the entry into force of this Act;
C) An annual report on the progress and trends of trade and consumption.
5. The reports referred to above, the Observatory of Trade, through the State Secretariat for
Industry, Handicraft and Commerce, will give public communication by using the tools most effective and appropriate
.
6. The Trade Observatory is composed as follows:
a) a member appointed by the State Secretariat for Industry, Crafts and Commerce
who chairs it, with specific expertise or proven experience;
B) an official from Industry and Commerce;
C) an official from the Economic Planning and Data Processing and Statistics
;
D) an official from the Tax;
E) one representative of each Category Association trade legally recognized
sector.
The secretariat is provided by an official of the Secretariat of State for Industry, Crafts and Commerce
.
The President is granted the right to invite to its meetings experts to make use of specific skills
.
7. For participation in individual sessions Observatory of Commerce, each member is recognized
an economic remuneration to be determined by resolution of the
State Congress and expected to be allocated on the appropriate chapter in the State Budget. If the sessions are convened
during the hours of service in place in the public administration, the officials of the Public Administration
part Observatory of Commerce has not recognized the economic remuneration
above.
8. Given the functions performed and the objectives pursued by the Observatory of Trade and
Observatory Prices referred to in Article 19, the same organisms, if they see fit,
can be jointly convened.



Art.19 (Prices Observatory)

1. At the Secretary of State for Industry, Crafts and Commerce has established the
Prices Observatory. The Observatory Prices, using experts with particular qualifications
technical-scientific, performs a function of analysis on the trend of prices and tariffs and
a function of guidance to counter the phenomenon of 'cost of living' through strategies
of communication aimed at a structured statistical information, as an important contribution to
8
knowledge for economic operators and valid instrument for the protection of the consumer also
order to achieve possible economies of purchase.
2. To achieve its objectives, the Observatory Prices may avail itself of
public administration offices and private individuals with specific skills. 3
. The Observatory Prices prepares an annual report about the results of the analyzes referred to in
first paragraph and, if deemed necessary, to prepare periodic reports
about the findings of the investigations conducted as part of their duties .
4. The reports referred to above, the Price Observatory, through the Secretariat of State for Industry,
Handicraft and Commerce, will give public communication using the most effective tools
and appropriate.
5. The Observatory Pricing is as follows:
a) a member appointed by the State Secretariat for Industry, Crafts and Commerce
who chairs it, with specific expertise or proven experience;
B) an official from Industry and Commerce;
C) an official from the Economic Planning and Data Processing Center and

Statistics;
D) a representative of each Consumers Association legally recognized.
6. The secretariat is provided by an official of the State Secretariat for
Industry, Handicraft and Commerce.
The President is granted the right to invite to its meetings experts to make use of specific skills
.
7. For participation in individual sessions Prices Observatory is recognized a fee
income to be determined by resolution of the Congress of State and attributable
on the appropriate section provided in the State Budget. If the sessions are convened during
the hours of service in place in the public administration, the officials of the Public Administration
part Observatory Pricing has not recognized the fee income
above.
8. Given the functions performed and the objectives pursued by the Observatory Prices and
Observatory of Commerce in art. 18, the same organisms, if they consider it appropriate to
, can be jointly convened.


Art. 20
(Vocational training)

1. In order to ensure a high professional level of operators in the trade of
Republic of San Marino, as well as a commercial offer high quality, both of
consumer protection, both in relation to the relaunch and enhancement of the image commercial and tourist
of San Marino, it has established the Register of Professional Skills and the Quality
Commerce aimed at all operators in the sector.
2. Every company, during the exercise period of its activity, is required to attend specific training modules related
business management, marketing, communication, interpersonal relations
, the trade sectors and other matters related to the exercise of '
commercial activities as well as information forms of technical or legislative updates. 3
. The courses are reserved for active commercial license holders; in the case of joint-stock enterprises
it will be indicated by the legal representative of the registration to the person in charge.
These courses are open to employees of businesses, which will have access to the benefits recognized by the Fund
Social Services of the relevant sector for the repayment of part of
membership fees to them based on the availability of fund.
4. The courses will have qualifying value and must be recognized as valid by the compente
Office Industry and Commerce, although carried out by authorized third parties.
5. The courses for those wishing to embark on commercial activity
have a minimum duration of 16 hours. Such courses should be conducted within one year after the license is issued.
The courses for operators already in business have a minimum of 8 hours per year.
9
6. It 'made compulsory annual rate. Participation will be reported on the appropriate
Albo created under the Industry Office, Crafts and Commerce. Participation in courses for a minimum of five years
complete the training cycle and entitles the receipt Attestation operating
of the Republic of San Marino Quality.
For the license holders who exercise at least 5 years or who are in possession of the title of
high school study is recognized in law, exclusively for the first year of the courses start, a certificate
participation report in the register above.
7. Craft and Trade in agreement with associations industry category,
approve a special plan for the vocational training addressed each year the Commission of Commerce, at the proposal of the Secretary of State for Industry
, to
stakeholders in the sector and those who intend to start the trader profession.
The courses will be organized on a quarterly basis.


Art. 21
(the Trade Enhancement Plan)

1. To promote the development of trade, the enhancement of the existing sales network,
the increase in the quality level of the offer, promotion and safety of
consumer protection, the Great and General Council will approve the legislation with special
plan of Promotion of Commerce, whose preparation involves the active and responsible participation of
Associations of the trade sector.
The Valorisation Plan of Commerce for three years. It may be subject to annual review
through the instrument of delegated decree.
2. The drafting of the Trade Enhancement Plan must take into account the following objectives
:
- create a complete system, integrated and harmonious between the different modes of supply

shopping in the area, also in order to better use of commercial activities
by the consumer;
- It fostering a stronger evidence of the elements that enhance the identity and historical-cultural aspects
of the Republic;
- Strengthen the image of the commercial sector of the Republic through specific projects
marketing and promotion of San Marino trading system. 3
. The Valorisation Plan of Commerce will develop, see the Township Councils
relevant, additional guidelines dedicated to the historical centers of the Republic of San Marino:
- identification of specific rules designed to guarantee a service to trading residence, even
providing consolidations of product sectors;
- Identification of requirements for the realization of projects aimed at specialized commercial offer
;
- Possible characterization of Historic Places in "natural malls", with
consequent identification and prediction of agreement and coordination between commercial activities
inserted therein.
4. For the Historic Center of Rome, further guidance for the preparation of the Plan of
Trade Enhancement, to consider synergistic with the tourism,
Strategic Plan include:
- more effective and harmonious distribution of commercial activities It can be realized
through an increasing specialization in offering merchandise of individual points
sale, to guarantee diversification of general commercial, ppure progressive
theming of the streets;
- A better and more qualified use of space through a progressive increase in
sales area of ​​individual local where possible;
- Careful enhancement of urban planning and landscape specificity and historical cultural elements
of the historic center of the capital of the Republic;
- The study of interventions on particular areas to be upgraded;
10
- the product offer qualification through even greater enhancement of artistic
and typical and traditional products;
- The search for balance and quality in service to the visitor.
5. The Trade Enhancement Plan, also in the light of the results that will emerge from the activity of statistical analysis
Observatory of Commerce, in addition to providing the widest
opportunities for development of existing activities, will have to seek attractive elements for starting
new activities promoted by entrepreneurs or legal entities Sammarinese or foreign.
In the latter case, in accordance to what is already provided for in article 7, will be
examined those corporate projects with innovation, quality, attractiveness and or commercial
tourist such as to enhance and promote the sector commercial where they're going to fit
.
These projects must be submitted by parties it is especially well established in their specific industry
international brand owners or persons internationally renowned
or constitute an innovation clearly documented and proven by the business plan.
The projects submitted by entrepreneurs or economic entities not resident in the territory of
Republic of San Marino should be evaluated and approved by the Examination Committee.
6. And 'constituted the Committee of Examiners for the evaluation of advanced business projects by
limited liability company or joint stock company referred to in Article 7 paragraph 4.
The Examination Committee it consists of:
- Secretary of State for Industry, Crafts and Commerce, who presides;
- Secretary of State for Tourism;
- State Secretary for Finance;
- Three representatives of associations of legally recognized field.
The vote of the Chairman of the Committee, in case of equality among members, it has double value.
The projects should be directed to the Secretariat of State for Industry, Handicraft and
Commerce and Industry presented by the Office instance, Crafts and Commerce.
The Examination Committee shall be convened by the President.
7. The Examination Committee must adopt specific rules to define procedures and evaluation
mode instances as well as the response to them.
8. The Examination Committee has the power to assess any projects that entrepreneurs or economic subjects
not resident in the territory of the Republic of San Marino will want to present even in the absence of the
Enhancement Plan and pending its approval by the Council
Great and General. In such cases the assessment must focus on the objectives and guidelines set forth in Article 22
.

9. If the companies authorized by the Committee of Examiners intend to make changes inherent
commercial or shareholding activities, thus decaying in fact, entirely or in part, the
conditions for which the application for leave by the Examination Committee, the same
are required to submit a new assessment of those amendments Committee.


Art. 22
(Development of local business network)

1. The Congress of State, on a proposal from the Commission of Commerce, may propose
the enactment of decrees in which to identify those selling retail or wholesale
needing more specific regulations.
2. The State Congress on the proposal of the Examination Committee, may propose the enactment of a
delegated decree in which identifying the trade policy guidelines which the Committee
same will follow in evaluating the requests to him addressed in the previous article 21. 3
. The State Congress, in order to prevent phenomena that could distort the
socio-economic context of the Republic and to undermine the proper development of the network commercial
land, can identify, through delegated decree, special release mode || | and pursuit of the business for sectors considered sensitive.
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4. The territory of the State for the purpose of retail trade in open exercises to the public
, is divided into the following business areas:
a) Historical Center of the Capital;
B) a predominantly residential area;
C) Historical Centres as identified in Appendix "B" to this law.

TITLE II

MODE, PROCEDURES AND PERMITS
FOR LICENSING TRADE

CHAPTER I


THE LICENSING FOR THE PURSUIT OF RETAIL TRADE



^ Section I Of the retail trade in business open to the public


Art. 23
(definition of operating categories for conducting retail trade)

1. The exercises for the conduct of the retail trade are divided into the following types:
a) neighborhood businesses;
B) medium-sized facilities;
C) large structures;
D) shopping centers.
2. To exercise neighborly means the commercial operation established in a single unit real estate
with a sales area not exceeding mq.300. 3
. For average sales structure means the commercial operation established in a single unit real estate
having a surface area of ​​square meters higher sales. 300 and in any case not exceeding sqm. 1000.
4. For large sales are defined as businesses settled in one
housing unit with a sales area of ​​more than sqm. 1000 and in any event not exceeding
sqm. 5000.
5. To the mall it means a sales structure with a sales area greater than total
sqm. 5000, in which most businesses are included in a
special purpose structure and benefit from common infrastructure and service areas managed jointly
.
6. As part of the shopping centers and for financial years of selling space over
sqm. 500 are allowed to service activities exercises, service craft activities and
production compatible with the activities of the structures themselves.
7. For sales area of ​​a business refers to the area to be sold,
including that occupied by benches, shelving and the like. Not a sales area
one destined to warehouses, stores, work rooms, offices and services.
8. Measures that give rise to a change in the type of operation for the conduct
retailing involve the review of the practice in the manner and
procedures specifically provided for the new type request and the subsequent amendment of the || | licensing provision.
In particular for the determination of the effects of this law and to ensure the proper functioning of the Observatory of Trade
, the trader must report
Office Industry and Commerce every change reported the prevalent exercised
.
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Art.
24 (Requirements and documents for the license required for the exercise of retail trade)

1. Anyone wishing to pursue a business activity in the territory to
retail trade sector in one of the operating types referred to in a), b), c), d) of the preceding Article 23, first
paragraph, must file an application with the Office of Industry, Commerce and Handicrafts.

2. Applicants for a license for the exercise of retail trade must provide proof of the following requirements
:
a) having civil capacity;
B) have no prior convictions for intentional crimes against property, against public faith
and / or the public economy, restrictive of personal liberty sentences for more than two years
; have no prior convictions also not final and any entity or failing in
during a criminal trial of merit for criminal association gangster mold,
laundering, terrorist financing, usury and drug trafficking;
not have been convicted also not final and any entities, for corruption, use of
invoices for nonexistent operations, tax evasion, fraudulent bankruptcy; failing to report, within five years from
previous conviction for murder and grievous bodily harm or
harm committed in violation of safety regulations and the protection of hygiene and health
at work, a further conviction also not definite for the same offense;
C) would not be subjected to a competition procedure of creditors or to an equivalent procedure
in foreign jurisdictions;
D) reside in San Marino, subject to the derogations;
E) special preparation or professional experience demonstrated by certificates, certificates of studies
and participation in courses of professional qualification for the performance of special
activities as well as specifically required in Schedule "A" to this law.
This requirement must be attested at the time the license is issued. 3
. The license request above must be accompanied by the following documentation:
a) criminal record certificate for administrative use;
B) certificate of residence;
C) business plan;
D) headquarters where the activity will be carried out bringing the identifiers extreme last project
approved or of the variant project underway the premises for the same activity and the related m
;
E) of retail space, as defined in article 23, para.
4. The license application must also be accompanied by the following evidence:
a) the types of operation referred to in Article 23, first paragraph;
B) the area and the room where you intend to carry out the activity;
C) the product sector in which it intends to operate to be identified among the commodity sectors
Annex "A" to this Act;
D) the activity actually performed based on the list approved by the Commission
Commerce and based on the principles of coherence, complementarity and affinity of the product category.
5. If the request is intended to obtain authorization to licensing
for the exercise of retail trade in the form associated with, the requirements of paragraph 2, point d) and
e) of this Article must be established in chief promoters shareholders, subject
application of the provisions referred to in Article 7.
where the promoter partner is a legal person must be attached to the application the certificate of validity
. The requirement of paragraph e) of the previous second paragraph must be owned by the legal representative of the company or
by an employee in charge to commercial activity.
6. The requirements referred to in paragraph 2 can be certified, by subjects
residents in San Marino, with the declaration of Law 105 of 21 October 1988.


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Art.
25 (Procedure for the business license request Retail
for neighborhood businesses)

1. If the request referred to in Article 24 is intended to licensing commercial
retail in the type of neighborhood operation, as defined in the previous
Article 23, second paragraph, the applicant must indicate a single product sector
in which it intends to exercise its activity chosen from those described in Annex "a" to this law.
2. The examination of the request to the Office competes Industry and Commerce who with
act motivated provides authorization or at the request of the license denial. 3
. The Office of Industry and Commerce shall inform the Commission of the monthly
Commerce, for information purposes about the trend of the commercial sector, the licenses
authorized under this article.
4. Notwithstanding the provisions referred to in the first paragraph, the applicant, according to the trade
project referred to in Article 24, paragraph 3, point d), may indicate more sectors in which

Intends to carry on activities chosen from those described in Annex "A" to this law.
In this case, consider the request for the Commission of Commerce which, by reasoned decision,
based on an assessment of compliance of the product offer the project to particular
needs for functionality as well as on based on an evaluation of the product categories
required compatibility, resolution, the authorization or the denial of the requested license. The Commission of Commerce
can also benefit from the advice of the Board of territorial jurisdiction Castle
or other competent bodies.


Art.
26 (Procedure for the business license request Retail
for the exercise of medium structure)
activities
1. If the request referred to in Article 24 is intended to licensing commercial
retail in mid-type structure, as defined in article
23, third paragraph, the applicant shall specify one or more sectors in which it intends
carry on activities chosen from those described in Annex "a" to this law.
2. The examination of the request for the Commission of Commerce which, by act motivated
, decides on the authorization or the denial of the requested license.


Art.
27 (Procedure for the business license request Retail
for the exercise of highly structured activities)

1. If the application referred to in Article 24 is intended to commercial licensing
retail to be exercised within a large structure, as defined in the previous
Article 23, fourth paragraph, the applicant must indicate one or more sectors in which
intends to carry on activities chosen from those described in Annex "a" to this law.
2. The instance consideration for the Commission of Trade, after consulting the Board of
territorially interested Castle. 3
. The Board shall examine the question of Castello expressing an opinion on the basis of an evaluation of the request
license compatibility with the environmental necessity, viability and employment
well as a balanced development of commercial services in the area.
4. The Trade Commission, by reasoned decision, decides on the authorization or the denial of the request
license.



14
Art.
28 (Procedure for the business license request Retail
in the Historical Center of the Capital)

1. For retail businesses included in the historical center of the capital, it is not
apply the distinction in financial types referred to in paragraph one of Article 23.
2. Business activities referred to in the previous paragraph are classified as exercises prevailing
tourist interest. 3
. In the commercial area in question is a maximum number of commercial licenses equal to 346.
The shopping area, given the significant historical, cultural and tourist,
will be subject to close monitoring by the Centre for Trade
with the support of relevant departments, in order to document the evolution concerning:
- the number of work actually carried out;
- Carried type of goods;
- Retail space.
The maximum number of commercial licenses to be exercised in the historical center of the Capital
will be reviewed at least every two years by delegate decree after consultation with the Commission of
Commerce, in light of the action of the above monitoring.
4. For the transfer of the seat or the opening of new activities to be exercised in
Historical Center of the capital, it must be submitted to the Office instance Industry and Commerce accompanied
of the documentation referred to in art. 24 indicating a single product sector
chosen from those described in Annex "A" to this law.
5. To transfer the seat of the activities carried out in the historical center of the capital, must be submitted
instance Office Industry and Commerce accompanied by any
documentation certifying the legitimate availability of local, suitable from the urban point of view, sanitation
, indicated in the instance and certifying the administrative burden.
6. The Office of Industry and Commerce, received the applications referred to in paragraphs that precede
, sends the same to the Board of City of San Marino Castle.
7. The Board shall examine the question of Castello expressing an opinion on the basis of business needs
of the area where the business will be inserted, taking account of the
Trade Enhancement Plan.

8. The Trade Commission, by reasoned decision, decides permission or denial of the request
license.
9. The request aimed at obtaining replacement product sector involves the review of
practice and consequent amendment of the license decision.
10. The instance tense for the amendment of the object of its activity within the
same product sector, must be filed with the Office Industry and Commerce
After investigating the practice, take action to amend the provision license
taking into account the principles referred to in Article 24, paragraph 4, point d).


Art. 29
(Malls)

1. The shopping centers, as defined in article 23, paragraph 5, existing
entry into force of this legislation, are those identified in Schedule "C" to this
law.
2. It is not allowed to open more shopping centers than those provided in the preceding paragraph
, and even where the total area achieved in accordance with the General Regulatory Plan
Law allows the creation of a single building with a surface area | greater than 5000 square meters commercial ||. 3
. The shopping centers are enabled to the settlement of all individual licenses
indispensable to a full functionality of the same, on the basis of the project stated in the Convention signed
15
by the President of the Commission of Commerce and the promoter of the same mall
at the time of its constitution.
4. The individual business licenses referred to in the preceding paragraph must be authorized
in the manner set forth in Article 30.
5. The shopping center consists of a single undertaking organized in corporate form, licensed
with multiple product categories, available from the Commission of Trade integration of the license
with the addition of product categories in respect of the professional requirements
in Article 2 of Appendix "A" to this law. And 'it allowed the exercise autonomously,
part of the same structure, the individual product categories included in the license which he owns the company,
by means of temporary duration licensing linked to the duration of the sale contract
the management of product categories.


Art.
30 (Procedure for the application of business licenses in shopping centers)

1. For retail businesses operating in shopping centers is not applicable
the distinction in the types of operation referred to in paragraph one of Article 23.
2. The demand for licenses for the exercise of retail inside the mall
involves submitting individual claims under the previous Article 24. 3
. Instances must be accompanied by a declaration signed by the promoter of the mall
certifying the availability of the premises and the actual activities that will be carried out in those facilities.
4. The demand for commercial retail licenses to be exercised within shopping centers
takes place according to the following procedures:
a) where the retail commercial license is exercised on a sales area of ​​up to 300 square meters
., the applicant must indicate a single product sector selected from among those referred
Annex "a" to this law. The instance examination competes Office Industry, Commerce and Handicrafts
which shall, by reasoned decision, authorization or denial of the request
license;
B) if the retail commercial license is exercised on a sales area exceeding 300 square meters
., The applicant may indicate one or more selected sectors among those
Annex "A" the present law. The instance for the Commission examination of the
Commerce which shall, by reasoned decision, authorization or license required
denial.
5. There shall be no transfer of business license granted within the mall
outside of the same. And 'economic operator's right to licensed commercial
exercised within the mall to request the opening of a second office also
outside the same shopping center as set forth in Article || | 33.
6. The transfer seat in a shopping center is achieved with a measure
Office Industry and Commerce, on receipt of the appropriate application accompanied
of the documentation referred to in Article 24, paragraph 3, point d) and is).
7. By any measure of commercial surface modification is referred to
grant arrangements provided for in this legislation.

8. The request aimed at obtaining replacement product sector or the addition of
product sector involves the review of the practice under this Article and the resulting
change the license provision.
9. The petition aimed at changing the subject as part of the same sector
product, shall be filed with Industry and Commerce who,
examined the practice, will proceed to the measure of change license.
10. The issuance of the license or of the measures amending it, exhausted the procedures
in the previous article, it is done in accordance to article 36.


16

Art.
31 (Procedure for the business license request Retail
within the accommodation complex nature, sports and social)

1. The request for authorization to commercial licensing retail within complex nature
accommodation, sports and social must be submitted in accordance with the previous Article 24.

2. The examination of the request for the Commission of Commerce which, by act motivated
, resolves permission or denial of the requested license. 3
. The licenses for the exercise of retail inserted within complex
receptive nature, sports and social, exercised in premises which are accessible from inside the
structure itself, can not be transferred to the outside the complex in which they were authorized.


Art.
32 (Exercise of trade to the detail in form associated)

1. The company involved in the exercise of the retail business is incorporated under the
provisions of Law 47 of February 23, 2006, as amended prior authorization
of the license, in accordance with this Law; the license authorization order is attached
copy of incorporation of the company. It is not required clearance in advance of
State Congress, except as provided in paragraph 2.
2. In order to prevent distortions of the socio-economic context of the Republic, by decree delegate
it can be established the need for specific procedures for the granting of the authorization for the
establishment of companies whose corporate purpose which particular product categories or special | || modes of pursuit of retail trade; It is also subject to the clearance
amending its object if the latter includes market sectors or particular
operating mode in that Act delegated decree. 3
. By delegated decree may be specific regulations set down for
economic activities and the procedures for exercising the activity of retailing.


Art. 33
(Authorization opening branch offices)

1. If it is advanced application for the opening of branch offices provided for in Article 5 of the
this Act, the authorization procedure is as follows:
a) premises with a sales area not exceeding 300 square meters. competent to issue authorization
is the Industry Office, Crafts and Commerce;
B) for premises with a sales area exceeding 300 square meters. and in any case not more than 1000 square meters.
Competent to permit release is the Trade Commission;
C) premises with a sales area greater than 1000 square meters. and in any case not exceeding 5000 square meters.
Competent to permit release is the Trade Commission after consulting the Board
Small Claims Castle.
2. The Office of Industry and Commerce in charge of issuing the order permitting
opening of branch offices acquired the documentation referred to in this law. 3
. An economic operator who intends to open one or more sub-offices must have at least one
employee payroll for each branch office, under penalty of revocation.





17
Art. 34
(home Transfer)

1. The authorization to transfer headquarters of retail commercial activities, excluding
Centro Storico, competes Office Industry and Commerce, on receipt of a specific request
which must also include the documentation referred to in ' Article 24, paragraph 3,
points d) and e).
2. The Office of Industry and Commerce, the application is received, it examines
itself and within 5 working days from the filing of the application by reasoned decision, shall
authorization or denial of the transfer site. 3
. The transfer takes place by denial based documentation presentation
not comply with the provisions mentioned in the first paragraph of this article and function of the office

Not adequate to the type of activity indicated in the subject of the license.
4. If the seat transfer of a large business structure involves moving
activity in Castello different than sending it to carry out review of
practice. In this case the applicant must file an application under the previous Article 24 which is
examined in the manner referred to in Article 27; consequently the Office
Industry and Commerce will provide the change in the license provision.


Art. 35
(Replacement or addition of product sectors,
editing tasks the same product sector)

1. The petition aimed at getting the replacement or addition of the commodity sector involves the re-examination
under this law and the subsequent amendment of the license
measure.
2. The request to change the object of tense within the same industry product
involves the review of the practice by the Office Industry and Commerce
under this law and the consequent amendment of licensing provision.


Art. 36
(business license Release)

1. The issuance of the business license and the amended provisions of the same, exhausted
the procedures referred to in this law, the Office competes Industry and Commerce on
which, together with the communication of the required license authorization from
the competent body, shall require the persons the following documentation:
a) statement of the fee for the license is issued with indication of the receipt of payment
;
B) receipt of deposit or registration of assumed name of the activity in the next
Article 38;
C) identifiers extremes of the rental or lease of real estate, or
loan contract registered at the Office of the Register and Mortgages, for the premises with intended use
respects the type of activities specified in the subject license required, or
statement to be the owner or tenant for the entire holding of suitable premises by
part of the license applicant. The loan contract is only permitted in cases where the local
destined for the seat are owned by one of the members and prove
declared in the deed or in the resolution on the capital increase in the case of
legal person or, in the case of natural person, the spouse, relative or affinity within the third degree.
The contract or of the owner or usufructuary statement must contain the applicant's
Sheet, Particle, Subaltern, real estate unit as well as the square of the premises;
D) in case of individual license, declaration of non-employment;
18
e) in the case of individual license, the declaration of not being a freelancer;
F) extremes of identifiers requested and obtained permission, under special laws
relation to the type of business you will play.
2. In order to allow the commercial licensing in favor of the company formed to
pursuant to clause 32, the Single Court shall send the Office Industry, Commerce and Handicrafts
the communication of the registration in the Companies Registry. 3
. The non-submission of the documentation referred to in the preceding paragraph within twelve months
from the date of receipt of communication from the Office of Industry and Commerce,
it involves the automatic lapse of the license.
After that period, the Industry Office, Crafts and Commerce shall inform the
Single Court for the following expertise.

Art. 37
(instance Disclaimer stretched to the request or to licensing
for the exercise of retail trade)

1. In all cases of request or licensing for the exercise of the retail trade, the
denial happens for instance does not comply with the provisions of the present law, for lack of requirements
or documents referred to in previous article 24, according to the appropriate forum
not the type of activity indicated in the subject of the license, by contrast with the guidelines set forth by
decrees delegates referred to in Article 22 and when this is the incompatibility provided by | || this legislation.
2. Apart from the cases mentioned in the first paragraph, the denial takes place respectively:
a) in the case of application aimed at obtaining the business license for the operation of retail activities of medium structure
on the basis of an assessment of the license required compatibility with

Environmental necessity or a balanced development of the commercial services of the affected area
or requests compatibility of product categories;
B) in the case of application aimed at obtaining the business license for the operation of retail activities of great
structure, based on a valuation of the license required compatibility with
environmental needs, levels employment, a balanced development of commercial services
of the affected area or the product categories required compatibility;
C) in the case of application aimed at obtaining the business license for the exercise of commercial activity
or seat transfer or opening the second place of business
included in the historical center of the capital, on the basis the address contained in the Trade Enhancement Plan;
D) in the case of single commercial license to be exercised within the mall, for instance
non compliance with the guidelines contained in the agreement referred to in Article 29 and on the basis
Address contained in the decrees referred to in Article 22
;
E) in the case of application aimed at obtaining the business license for the operation of retail activities
within complex nature of accommodation, sports and social, on the basis of an assessment of the compatibility
business project with the administrative needs of the center itself.

Art. 38
(name of commercial activity)

1. It 'made compulsory for selling commercial retail and wholesale
owning their own denomination that must be filed and registered with the Registry Office of
, except in cases where a name social matches the name of the holder of the license
.
2. It must be given adequate exposure to the assumed name so that the commercial activities
is clearly identifiable. 3
. If the operating license is already in place and is free from naming
duly registered at the Office of the Register, this will go unreported and
filed within 90 days after the entry into force of this Act.
19


Art.
39 (Opening and closing activities)

1. The licenses for the exercise of retail trade in business open to the public
are annual.
2. Businesses can carry up to a maximum of 60 days of closing annual
, divided into a maximum of 3 periods.
The closing periods can not be made in the periods of increased tourism held
account of congresses, tourism and sports organized in the territory.
The closures should be communicated by the trade,
by 30 November of each year for the following year, the Office of Industry and Commerce. 3
. Traders in retail may stay open to the public during
every day of the week.
The midweek closures are optional. It 'made compulsory for the trader to the Office
Industry and Commerce on the closing day midweek
chosen or the waiver thereof. If midweek closing determination, the same
must be respected except in the case where the closing day is concomitant to efforts to
conference or tourist character.
4. The time of opening to the public must be between a minimum of 6 hours and a maximum of 13 daily
hours.
The public exercises and the preparation and serving of food and beverage activities
may exceed the maximum daily hours of opening to the public.
It 'also allowed traders to exceed the limit of 13 hours per day during the peak tourist
periods or during particularly important events.
5. The trader is obliged to make known to the public is the closing day
midweek if carried out, is the opening of their operating hours;
communication should be carried out by posting signs or other suitable media to be applied in the main window and
still visible externally by the user.


Art. 40
(extraordinary sales, promotional, end of season or liquidation)

1. The license holders for the exercise of retail sales can work extraordinary
, promotional, end of season or liquidation under specific delegated decree.
Section II ^

Del retail trade by means of automatic equipment

Art. 41
(trade through vending machines)

1. The distribution of goods by means of automatic equipment is only allowed at

license bearing exercises for the sale of the corresponding goods.
2. The positioning of the devices is permitted inside of the exercises or in the immediate vicinity
following authorization Urbanism and, in the case of administration of foods and drinks
, the Prevention Department. 3
. Any distribution of goods using automatic equipment by economic operators
not fitted commercial license for the sale of similar or complementary goods
those corresponding to exercised license shall be authorized, by reasoned decision,
by the Commission of Trade, after payment of expenses and related taxes.
20
4. The Trade Commission is also entrusted with the regulation of trade
through automatic equipment as well as the authorization to trade regulation by
automatic equipment to non-resident workers in the territory of the Republic of San Marino.
5. The refusal of authorization is allowed for cases of application does not comply with the provisions
covered by this law and for lack of authorizations referred to in the second paragraph.
6. If the automatic devices are installed in offices, companies and the like, and the
sales is limited only to the staff and not to the public it is not required
authorization.


^ Section III Of the trade to the detail in form ambulante on public land

Art. 42
(Definition)

1. It defines itinerant trading activity exerted on public land.
2. For public land is so mean streets and squares as the private land subject of public rights of way and easements
also only open to the public passage. 3
. Street trading may be exercised in the following ways:
a) a fixed place (with the exception of structures stuck firmly in the soil);
B) traveling.

Art.
43 (Requirements and documents for the license request
for the exercise of the trade to the detail in form ambulante)

1. Individuals who wish to pursue on the territory of an enterprise in the field of trade
to the detail in form ambulante activities must submit a request at the Office of Industry, Commerce and Handicrafts
.
2. The license applicant for the exercise of the trade to the detail in form ambulante
must certify that they meet the requirements specified in the second paragraph of the previous article 24. 3
. The application shall state:
a) the exercise of the trade to the detail in form ambulante;
B) the area where you intend to carry out the activity;
C) the types of goods that you want to market to be identified based on the list approved by the Commission
Commerce.
4. The instance consideration for the Commission of Commerce, prior binding opinion of the Board of
territorially interested Castle which is to examine the instance
expressing an opinion based on the development of commercial services in the area concerned | || as well as the viability of the zone.
5. The Trade Commission, by reasoned decision, decides on the authorization or the denial of the request
license.
6. The denial of the request licensing occurs in the instance case
not conform to the provisions of the present law, for lack of requirements and / or documents referred to in this Article
when listing the incompatibilities indicated in this law and also on
basis of the opinion referred to in the fourth paragraph expressed by the Junta de Castello.
7. The license holders for the exercise of the trade in form ambulante
parking is permitted in designated public areas determined by the Government of Castle.
8. The licenses for the exercise of the trade in form ambulante
are strictly personal and can not be subject to alienation.
9. In the event of termination of activities or in the event of death of the owner, the license means
quit.


21
Art. 44
(street market)

1. The street market is made up of authorized dealers groupings or licensed
for street trading.
2. The markets are classified as:
a) traditional market;
B) typical market or specialist.

Art. 45
(Traditional Market)

1. The traditional market is held in a day you have set by the Government of
territorial jurisdiction Castle. In the Castle of San Marino City that right it is limited
to the area outside the historic center of the capital.
2. To complement the above, the Trade Commission, after consulting the Board of
affected Castle and evaluated the size and population density of the Castle, authorize more

Areas where the market can take place. 3
. During the course of traditional markets in the relevant areas for the sale it is prohibited
by itinerant travel.

Art. 46
(typical or Specialized market)

1. The typical or specialized market is a concentrated supply of particular products or
season.
2. As part of the typical or specialized market will take place meetings and informative
cultural initiatives. 3
. Anyone intending to set up a typical market or specialist or a trade show in a
area of ​​the territory, must submit to the Office instance of Industry and Commerce that
authorizes after obtaining the opinion of the Board of territorial jurisdiction Castle.

Art. 47
(Market Commission)

1. Castles in the market is where it is authorized established a Market Commission that
remains in office for the full term of the council of Castello and is as follows:
a) of Castle Captain territorially competent council, who chairs ;
B) two representatives of the Board of Castello, appointed inside;
C) two representatives of the retailers of the affected business area;
D) a representative of the street sellers;
E) a representative of the Secretariat of State for Industry, Crafts and Commerce;
F) a Civil Police Agent in charge of market surveillance;
G) a representative of the Department of Prevention.
2. The Market Commission shall appoint the interior, for a period of two years renewable
, an attendant with clerical duties in order to cooperate with the Police Civil
in market management, the application of the Regulation and
of the Commission's deliberations. 3
. The funding for the management of the market is given by a percentage on the proceeds of the tax on
licenses and areas of the stand the amount of which will be decided annually by Financial
Law provided in a separate chapter on the State Budget.
4. In the division of funding between the various Commissions Market
you will have to take into account the type and extent of the markets in proportion to the number of traders
participants.
22
5. The Market Commission will prepare a regulation for the management of the market by
empower the Commission of Commerce.
6. In markets where the participation is less than seven traders the institution of the Market Commission
referred to in this article it is optional.

Art.
48 (Functions of the Market Commission)

1. The Commission of the market are to be entrusted with the following tasks:
a) adopt, having heard the opinions of the Board and the territorial jurisdiction of the Castle and
Trade Commission, the Regulation for the discipline of the market which has to predict
all the rules for the organization, management and control thereof, the seat
(streets and squares), the day, time, staffing up the street;
B) formulate and periodically review the market plan and the establishment plan of the hawkers
broken down by commodity related tables in the case of traditional market;
C) to prepare the division of commercial areas for similar types of goods
well as any amendments thereto;
D) takes note of the annual calendar of the markets established by the Government of competent Castle.

Art. 49
(Annual Calendar of markets)

1. By 31 January of each year the Castle Board issues the annual calendar of
markets, taking care of its publishing and notifying also the Office Industry, Commerce and Handicrafts
.
2. The calendar contains:
a) chronological list of traditional markets;
B) any advance on the conduct or the suspension of the markets;
C) an indication of the types of goods available;
D) market the plant indicating the areas, sectors and numbered parking places of the whole of the market
area.

Art.
50 (retail sale in form ambulante exercised by non-residents)

1. Itinerant traders are not residents may obtain authorization to exercise, in
San Marino, on itinerant trade in one of the ways referred to in Article 42
Office upon presentation of a special instance of Industry, Craft and Commerce.
2. The applicant must demonstrate ownership of a similar license;
must also be in possession of any health and hygiene certificate. 3
. The instance consideration for the Commission of Commerce, prior binding opinion of the Board of
territorially interested Castle.

4. The authorization is issued by the Industry and Commerce prior
payment of charges and related taxes; the same is strictly personal and can not form the subject of alienation
.
5. The renewal is required annually to the Office Industry and Commerce
by 15 December, upon presentation of the documentation referred to in the second paragraph
.
6. The refusal of the authorization requested, release takes place in the instance case
not comply with the provisions of the present law, for lack of requirements and / or documents referred to in this Article
.
7. The determination of the charges in the upper section 4 is deferred to regulation
through specific delegated decree.

23
Art. 51
(Markets in local production)

1. Farmers, ranchers, agriculture producers operating in the territory of the Republic of San Marino
may establish small markets and limited in size to the sale of public land
of its products.
2. These markets are regulated by a specific act of the Commission of Commerce.



CHAPTER II OF LICENSING FOR THE EXERCISE OF WHOLESALE



^ Section I Of licensing for the exercise of the trade


Art.
52 (Requirements and documents for the license required for the exercise of wholesale)

1. Anyone wishing to pursue a business activity in the territory of the wholesale
sector must file an application with the Office of Industry, Commerce and Handicrafts.
2. Applicants for a license for the exercise of wholesale
must provide proof of the following requirements:
a) having civil capacity;
B) have no prior convictions for intentional crimes against property, against public faith
and / or the public economy, restrictive of personal liberty sentences for more than two years
; have no prior convictions also not final and any entity or failing in
during a criminal trial of merit for criminal association gangster mold,
laundering, terrorist financing, usury and drug trafficking;
not have been convicted also not final and any entities, for corruption, use of
invoices for nonexistent operations, tax evasion, fraudulent bankruptcy; failing to report, within five years from
previous conviction for murder and grievous bodily harm or
harm committed in violation of safety regulations and the protection of hygiene and health
at work, a further conviction also not definite for the same offense;
C) would not be subjected to a competition procedure of creditors or to an equivalent procedure
in foreign jurisdictions;
D) special preparation or professional experience demonstrated by certificates, certificates of
studies and participation in courses of professional qualification for the performance of special
activities as well as specifically required in Schedule "A" to this law.
This requirement must be attested at the time the license is issued;
E) reside in San Marino, in the case of individual license. 3
. The license request above must be accompanied by the following documentation:
a) criminal record certificate for administrative use;
B) certificate of residence;
C) business plan;
D) headquarters where the activity will be carried out bringing the identifiers extreme last project
approved or of the variant project underway the premises for the same activity and the related m
.
4. The license application must also be accompanied by the following evidence:
a) the area and the room where you intend to carry out the activity;
B) the product sector in which it intends to operate to be identified among the commodity sectors
Annex "A" to this Act;
24
c) the activity actually performed based on the list approved by the Commission
Commerce and based on the principles of coherence, complementarity and affinity of the product category.
5. If the request is intended to obtain licensing for the exercise of
wholesale in association, the requirements of this Act must be
certificates in chief promoters members.
If the promoter partner is a legal person must be attached to the application also
certificate of good standing.
The requirement of point d) of the previous second paragraph must be owned by the legal
representative of the company or by an employee in charge of the commercial activity.

6. The requirements referred to in paragraph 2 can be certified, by subjects
residents in San Marino, with the declaration of Law 105 of 21 October 1988.


Art.
53 (Procedure for the application for a license for the exercise of the trade)

1. In the event that the application to obtain the license for the provision of wholesale
is advanced by individual resident in the territory of the Republic of San Marino,
the examination of the responsibility of all ' office of Industry and Commerce, who, by an act motivated
, provides authorization or denial of the requested license.
2. In the event that the application to obtain the license for the provision of wholesale
both advanced as legal person whose shares are majority owned by
natural person resident in the territory of the Republic of San Marino, the release competes
Office Industry and Commerce. 3
. In the event that the application to obtain the license for the provision of wholesale
both advanced as legal person whose majority shares are held by a natural person not residing in the territory of
Republic of San Marino, the release for the Commission of Commerce
.
4. In the event that the application is aimed at obtaining license for the provision of wholesale
for both sectors, the examination of the responsibility of the Commission of
Commerce.
5. In all cases of the grant request or issuing license for the provision of wholesale
, denial happens for instance does not comply with the provisions of this Act
for lack of requirements or documents referred to in Article 52, according to the headquarters
not adequate to the type of activity indicated in the subject of the license, by contrast with the addresses
contained in the decrees referred to in Article 22 and when this is the || | incompatibility provided for in this legislation.


Art. 54
(Replacement or addition of product sectors,
editing tasks the same product sector)

1. The request aimed at obtaining replacement product sector involves the review of
practice under this Act and the subsequent amendment of the license decision by the Office
Industry and Commerce.
2. The petition aimed at getting the addition of the commodity sector involves the review of
practice under this Act and the subsequent amendment of the license decision by the Office
Industry and Commerce. 3
. The instance of the object aimed at the change of activity within the same sector
product involves the review pursuant to this Act and the consequent amendment of
measure of the practice license from the Office of Industry, Craft and Commerce.


25
Art. 55
(Exercise wholesale in association)

1. The company involved in the exercise of the business is incorporated under the
provisions of Law 47 of February 23, 2006, as amended; in the case of companies whose shares
or majority shares are held by natural persons not resident in the territory
San Marino, the constitution is governed by the provisions of Law 23 February 2006
47 and subsequent amendments prior authorization of the license, pursuant to the above Article 53
third paragraph; the measure granting of the license is attached a copy of the articles of association of the company
. It is not required clearance in advance of the Congress of State, except as provided in paragraph 2.

2. In order to prevent distortions of the socio-economic context of the Republic, by decree delegate
it can be established the need for specific procedures for the granting of the authorization for the
establishment of companies whose corporate purpose which particular product categories or special | || modes of pursuit in wholesale trade; It is also subject to the clearance
amending its object if the latter includes market sectors or particular
operating mode in that Act delegated decree. 3
. By delegated decree specifications are dictated regulations for economic activities
and the procedures for exercising the activity of wholesale trade.

Art. 56
(business license Release)

1. The issuance of the business license and the amended provisions of the same, exhausted
the procedures referred to in this law, the Office competes Industry and Commerce on

Which, together with the notice of the license authorization, shall require the persons
the following documentation:
a) statement of the fee for the license is issued with an indication of the receipt of
payment;
B) receipt of deposit or assumed business name registration referred to in Article 38
;
C) identifiers extremes of the rental or lease of real estate, or
loan contract registered at the Office of the Register and Mortgages, for the premises with intended use
respects the type of activities specified in the subject license required, or
statement to be the owner or usufructuary for the entire holding of suitable premises by the applicant's license
. The loan contract is permitted only where local
destined for the seat are owned by one of the members and prove
declared in the deed or in the resolution on the capital increase in the case of legal person or, if
case of a natural person, the spouse, relative or affinity within the third degree. The contract or
declaration of the owner or usufructuary must contain the applicant's sheet, Particle
, Subaltern, real estate unit as well as the square of the premises;
D) in case of individual license, declaration of non-employment;
E) in the case of individual license, the declaration of not being a freelancer;
F) extremes of identifiers requested and obtained permission, under special laws
relation to the type of business you will play.
2. In order to allow the commercial licensing in favor of the company formed to
pursuant to clause 55, the Single Court shall send the Office Industry, Commerce and Handicrafts
the communication of the registration in the Companies Registry. 3
. The non-submission of the documentation referred to in the preceding paragraph within twelve months
from the date of receipt of communication from the Office of Industry and Commerce,
it involves the automatic lapse of the license.
After that period, the Industry Office, Crafts and Commerce shall inform the
Single Court for the following expertise.

26
Section II ^

Del wholesale with mobile equipment to the place of business starting from the accredited organization


Art. 57
(Wholesale via mobile equipment exercised by non-residents)

1. Traders non-residents who wish to pursue the activity in the territory of
wholesale sales through mobile equipment shall submit to the Office instance of Industry, Commerce and Handicrafts
.
2. The applicant must demonstrate ownership of a similar license in the same sector product
and the possession of any health and hygiene certificate. 3
. The instance consideration for the Commission of Commerce, prior binding opinion of the Board of
territorially interested Castle.
4. The authorization to operate the business in question is issued by the Industry, Commerce and Handicrafts
upon payment of expenses and related taxes.
5. The renewal is required annually to the Office Industry and Commerce
by 15 December after presentation of the documentation referred to in the second paragraph
.
6. The determination of the charges in the upper section 4 is deferred to regulation
through specific delegated decree.



OF CHAPTER III AUTHORIZATION AND RELEASE OF LICENSE
FOR THE EXERCISE OF BANKING

Art. 58
(Commercial intermediation and auxiliary activities)

1. The authorization to perform the activities referred to in Article 4 of Law 125 of 31 October 1990
lies with the State Congress.
2. The authorization to the integration of the corporate purpose of the company operating the wholesale trade
with one of the business in the manner specified in the second paragraph of the previous article 8
lies with the Congress of State if the type of goods falls between those indicated by
delegated decree referred to in Article 22 paragraph 3.



TITLE III BODIES COMPETENT


Art.
59 (Appointment, composition, term of office of the Trade)
Commission
1. The Trade Commission is appointed by the Great and General Council and is so composed
:
a) by the Secretary of State for Industry, Crafts and Commerce, who presides;
B) five members appointed by the Great and General Council in the form proportional to the Board's
Groups;

C) one member designated by each Category Association trade
legally approved;
D) one member designated by each Consumers Association legally recognized.
27
2. The meetings of the Trade Commission participates in an advisory opinion, the Executive Office
Industry and Commerce, or an official delegated by him. 3
. The Commission shall hold office until the end of the parliamentary term and remains in
function until such time as will not be renewed.
4. In the event of a tie, the vote of the President.
5. To members, with voting rights, it is recognized for participation in individual
sessions, an economic remuneration the size of which will be established by the State Congress.


Art. 60
(Commission of Trade Functions)

1. The Trade Commission are to be entrusted with the following tasks:
a) authorize commercial licenses, license amendments thereto as well as the deliberate
administrative authorizations under the terms and procedures set out in this law and within the
terms specified in article 62;
B) to issue the implementing regulations delegated to it;
C) revoke business licenses;
D) attest to the validity, in case of dispute, the courses and the qualifications required for the exercise of trade
of particular types of goods;
E) to formulate the proposal to delegate decree referred to in Article 22 and provide what
demandatole explicitly required by this law.

TITLE IV COMMON PROVISIONS




Art.
61 (Special provisions on the act of units sold)

1. Copy of the commercial license holders companies shares
sale must be filed with the Court of Law and Chancery at the Industry Office,
Craft and Commerce within thirty days after the registration of the
by and under the responsibility of the notary who received the act itself.
2. Failure to deposit the act of sale of the interests in terms of the above constitutes a violation administrative
sanctioned under this law.


Art. 62
(Terms for handling the application and licensing for the exercise of the trade)

1. The measures and obligations entrusted to the Office Industry and Commerce
must be adopted or completed within five working days of receipt or the Act concerning
instance.
2. The measures and the obligations entrusted to the Commission of Commerce
must be adopted or carried out within sixty days of receiving. 3
. Opinions requested from the Government concerned territorially Castle
must be expressed within thirty days from receipt; failing which it is considered that the Government has expressed a favorable opinion
.
4. The terms of the preceding paragraphs from the moment in which the instance appears
accompanied by all the documentation required by law. The Executive Office of Industry and Commerce
may grant a term of no more than thirty working days to regularize the
incomplete application, after which, unsuccessfully, the application is rejected.
28
5. The license is issued within five working days from the last document
whose previous articles 36 and 56.
6. The license is delivered by the Civil Police.


Art. 63
(suspension of the operating license)

1. The holder of the business license can suspend the exercise of its activities for a
maximum period of twenty-four months after the Office Communication Industry, Crafts and Commerce
.
2. The holder of a commercial license that stopped working without due notice
liable to the penalties set forth in Article 74. In this case, the Industry Office,
Craft and Commerce issues the order for suspension of the license for a
maximum period of twenty-four months. 3
. Once the deadline referred to in the preceding paragraphs without having intervened reactivation
license, the same decade.
4. The reactivation of the license, in accordance with this article, involves the exercise of effective
activities without the possibility of new suspension before the expiry of one year from the date of
reactivation, or lose the license.


Art. 64
(ownership transfer license)

1. The transfer of ownership of the license for the exercise of retail or wholesale
may be granted to natural or legal persons who have the same requirements
subjective and objective
for the specific license authorization.
2. The transfer of ownership of the license for the exercise of retail or wholesale
competes Office Industry and Commerce and can be done by:
a) transfer of the company's commercial property to act between alive, duly registered, purchase
or donation;
B) transfer of a commercial company owned by succession due to death, after
documentation display certifying the right to inheritance and the
fulfillment of tax obligations;
C) Transfer commercial company by an instrument duly registered rental
having temporary effect; in which case the ownership transfer of the license takes effect temporary
correspondingly to the terms of the contract. 3
. The authorization to transfer ownership of the license is granted by an act motivated
Office Industry and Commerce, on receipt of request them
. The applicant must certify that they meet the requirements referred to in Article 24 paragraph 2
and provide documentation referred to in Article 36. The application shall also be accompanied by
all documentation attesting to the transfer of title to
under points a), b), c) above.
4. In the case of succession due to death is allowed, at the request of the heirs, the temporary continuation
activity until the successors are not in possession of all
requirements of this law. In any case the period may not be longer than twelve
months of the death of the previous owner, or lose the license.
5. In the case of the license transfer by deed between living the Industry Office, Crafts and Commerce
may grant to the person concerned, a provisional license for a maximum period of twelve months waiting
that the holder is in possession specific referred to in Article 24 paragraph 2 point
e), with the exception of the food industry requirements.
6. Such a provisional license shall lapse if, after a period of twelve months, the incoming
has not entered into possession of the requirements established by this Law for the header of the license.
29
7. If the successor has not achieved the requirements referred to in the fifth paragraph
may request the Office Industry and Commerce authorization in order to yield
the company within eight months.
8. There shall be no transfer of license ownership towards who is already holder of a commercial license
.
9. The Office of Industry and Commerce has jurisdiction to licensing commercial
in joint holding or commercial license waiver joint holding.
10. The refusal of the ownership transfer of the license or of the joint holding
happens in the instance cases does not comply with the provisions of the present law, for lack of
requirements or documents referred to in the third paragraph, and if incompatibilities prove | || indicated by this law.


Art.
65 (Forfeiture)

1. The weakening of the essential requirements or conditions that allowed the release of
license for the exercise of trade, result in forfeiture of the license.
2. The Office of Industry and Commerce, established the cause of the decline, issue its
measure of the license termination.


Art. 66
(Office business)

1. Every single license to operate in the retail sector should be established at a local single
with suitable function as listed in points C) and D) of Article 183 of the Law
19 July 1995 n. 87, save as otherwise specifically provided in Appendix "A" to this Act
.
2. Notwithstanding the provisions of the preceding paragraph, in shopping malls or in the
large retail outlets to more licenses settlement is also permitted upon presentation of a single certificate of compliance
building and interior space together with the declaration on
to the individual surfaces, referred to in Article 24, paragraph 3 4.
. The more licenses with a single certificate of conformity construction and habitability
can take place only after submission to the Commission of Commerce of a floor plan indicating
the breakdown of exposure of the various businesses.
4. Each license for the exercise of the trade to be settled in a local
having one of the following functions: C2, C3, C4, C5, C7, C12, D2, D5 of Article 183 of the || | Law of 19 July 1995 n. 87.

5. For wholesale commercial activities involving the storage or storage of goods,
if the room designated as the seat of the license does not allow for the intended use such assets,
the license holder may exercise the aforementioned activities storage or storage is at
operators authorized to deposit either at another appropriate site. For the opening of these additional locations
must be submitted a petition to the Office of Industry, Commerce and Handicrafts
accompanied by documents showing the location of the premises and the title of the availability thereof;
the case of food products, the health and hygiene regulations. The instance examination competes Office
Industry and Commerce which authorizes the opening of such a place after verification of compliance
documentation to the provisions of this Act.
6. For commercial activities involving, in accordance with specific legislation, the acquisition of local opinions on the suitability
, with particular reference to the sanitary requirements, the Office
Industry and Commerce must, prior to issuance of business license,
obtain the opinion and certification of the competent authorities.
7. The activities that have to comply with the provisions of Law 29 October 1992 85
site in the historic center of the capital and in the historical centers, may continue to operate in the local
30
in which they are exercised in derogation to point b), except as regards
plant engineering and technological systems, and h) of Article 7, first paragraph, of the aforementioned law.
This provision also applies to transfers of ownership and changes of sectors and changes
object of the activity. Although not provided for in this paragraph refer to
a special regulation to be issued by the Congress of State on the proposal of the Ministries competent
felt their services.
8. The provisions are extended to commercial activities listed in Article 3 of Law 31 October 1988
n. 108, on the issuance of temporary license.
9. The commercial license holders to detail has allowed exhibit various products in local
from those in which they conduct the activities provided there is no direct sales but only shows and / or deposit
of the same, with the approval of the Commission Business.


Art. 67
(or related services associated with the marketing of goods)

1. The holder of the business license can obtain, by resolution of the Commission of
Commerce, the authorization for the related assets or related
object of the license, such as:
a) installation and installation Opera;
B) maintenance;
C) repair;
D) tolling the end of the personalization and / or typing of products;
E) artistic crafts for demonstration purposes in relation to the products offered for sale;
F) training activities also personal for the subsequent use of the goods offered for sale;
G) service operations not included in the previous points prior demonstration by the applicant
, the connection or affinity of service request with the commercial activities
of cui to the picture table.
2. For maintenance or repair it is prerequisite the availability of local
suitable with regard to hygiene and safety in the workplace. 3
. In line with the evolution of the forms of trade and its expressions, will be
identified new types of service activities related to the exercise of trade
through enactment of specific statutory instrument.


Art. 68
(sales area Change)

1. The change in the sales area as defined in paragraph seven of the previous
Article 23, an exercise where he expresses the retail trade that does not determine the modified
square footage of the type of exercise, it is granted by order of 'Industry Office,
Craft and Commerce, upon presentation of a special instance
accompanied by documentation certifying the legitimate availability of local, suitable from the urban point of view, health and hygiene
, as well as after completion of administrative formalities.
2. If the change in the sales area required giving rise to changes in the type of exercise
size as defined in article 23, the procedure applicable
that provided for the new license release for the exercise of the trade to
detail in pursuance of articles 25, 26, 27.
3
. B4 in commercial areas, L1 and L2 is required prior authorization from the
Trade Commission for the reduction of sales area than indicated in license
.
4. The change in the license sales area for the exercise of wholesale
shall be granted by the Office industry measure, Crafts and Commerce, after
31
presentation instance appropriate accompanied by all the documentation referred to in the first paragraph
.


Art.
69 (Obligation commercial license exposure)

1. The holder of the business license shall display in the premises of the headquarters
document proving the release of the license.


Art. 70
(Administrative Appeal)

1. Against all regulations issued by the organs of public administration in order
to the skills of each of them mandated, it is allowed judicial review before the Administrative Court
with the conditions and the terms of Law 28 June 1989 n. 68.

TITLE V SANCTIONS




Art. 71
(price Advertising)

1. In the years in which you are retailing the products on display must indicate,
clearly and legibly, the selling price to the public, or units, by using
price tags or other means suitable for the purpose.
2. Notwithstanding the provisions mentioned in the first paragraph of this article, it is not necessary
the price exposure for the precious, the auto-moto-cycles and their spare parts and accessories, newspapers, magazines and
books if they have already reported the price, either antiques. For these items
merchandise must be available to the public special catalog with details of their
selling prices to the public. 3
. If the goods are offered by weight or measure the trader is required to meet even the minimum requirements
and must still be sold to net weight.
4. Failure to comply with these provisions shall lead to the application of penalties prescribed by this Act
.

Art.
72 (Prohibition of petulance)

1. And 'it is forbidden to the holder of a commercial license to make, even through third parties, by
constant and blatant pressure with words and deeds to the public in order to induce him to its premises
.
2. Outside the places destined to the fair, it is forbidden to banish out loud publicly and gestures
its products in order to sell them to the public.


Art.
73 (Supervision of the proper exercise of commercial activities)

1. The Office of Industry and Commerce is responsible for supervising the correct
application of this law and other laws in the field of trade.
32
The supervisory activities by the Office Industry and Commerce must be continuous
and constant application to ensure the proper exercise of the trade.
2. The Office of Industry and Commerce, also can promote investigations and
supervisory actions of the Commission proposal of Commerce or at the request
Report or any other public body or association in the industry category, using the | || Bodies of the Police Department. The necessary investigations should take place in sufficient time and
following the urgency and timeliness regarding the subject of the alert. 3
. The functions of the Office of Industry and Commerce has the power to issue regulations
immediately enforceable, to promote research, to carry out investigations,
give opinions, to issue prescriptions.
4. For the purposes mentioned in paras:
a) the police report to the Office Industry and Commerce
facts that constitute administrative violations in the field of trade and transmit at the same
all the evidence ; They are also required to carry out surveys and inspections required by
Industry and Commerce;
B) the police organs shall forward to the Judicial Authority Ordinary
news of the criminal offenses provided for by the regulations on trade of which they become aware
directly by way of business; also the Industry Office, Crafts and Commerce
Ordinary Judicial Authority transmits news of a criminal offense under the law
on trade of which he has knowledge in the context of
investigations referred to in point a) of this paragraph;
C) the Industry Office, Crafts and Commerce applies administrative fines and
sanctions imposed for administrative violations in the field of trade;

D) the Office of Industry and Commerce have power to order to ensure that commercial activities
are conducted in a manner consistent with state laws, international agreements and conventions
: for this purpose the 'Office shall issue a reasoned order, requirements and provisions
immediately enforceable; against such orders are open to appeal to the Administrative Judge of Appeal
, within twenty days of the notice, and in the
procedure laid down in Article 34 of Law 28 June 1989 n. 68;
the appeal does not suspend the enforceability of the Act unless the contrary decision of the court hearing;
E) the Office of Industry and Commerce notify the other offices of the Public Administration
scope of their responsibilities, providing the evidence.



Art.74 (Sanctions)

1. Anyone who does business without a license is liable to a penalty equal to twice the administrative
current value of the goods or services of the activity without
license.
2. Anyone who carries out commercial activities in relation to goods and services other than those covered by
license is punishable by an administrative fine ranging from € 2,000.00 to €
5,000.00. 3
. When both preliminary ascertainment of administrative violation the exact
interpretation of one or more commodity items, the application of the penalty referred to in the preceding paragraph
it remains suspended for the period necessary to define the interpretive process.
4. The conduct of commercial activity deviates from one of the modes of operation of the license
referred to in art. 4 is punishable by an administrative fine of between €
5,000.00 € 15,000.00.
5. Any other non-compliance with the provisions of this Act and the regulations in
trade, is punished with an administrative fine ranging from € 1,000.00 to €
5,000.00.
6. In the case of convictions under administrative violations in the preceding paragraphs, the administrative sanction
is increased to three times as much as the maximum in the minimum, taking into account
33
the gravity in the right quantity and value, but not less than €
5,000.00, goods and services subject of administrative violation.
7. For the purpose of this law is a recidivist who, in the five years preceding the last
violation, alleged to have the same administrative violation. In this case it is not
allowed the voluntary settlement referred to in Article 33 of Law 28 June 1989 n. 68.
8 Whoever, in the same period referred to in the previous paragraph, commits a further
administrative violation will be subject besides the application of the penalty administrative
referred to in the sixth paragraph of this article, even to
additional sanction of suspension of business activities for a period from three up to ninety days.
9. Any person conducting business while having the license suspended, shall be punished with administrative sanctions
referred to in paragraph 1.


Art. 75
(Application Procedure)

1. In all cases of the activity without a license referred to in paragraph one of
Article 74, the Office Manager Industry, Crafts and Commerce orders the termination
of adopting the precautionary measures necessary including the seizure including for evidentiary
of goods and documents; the order shall be immediately enforceable notwithstanding appeal.
2. In all cases of the activity without a license referred to in paragraph one of Article 74
, with an administrative sanction is the confiscation of the goods if owned by the
guilty. If the goods are not the property of the offender or the offense relates to services in
location of the seizures it applies a penalty equal to the current value of the goods or services
subject of infringing activity. 3
. The legal person license holder assumes role of civil
responsible for the execution of financial penalties and the fulfillment of other obligations imposed on the
its legal representatives, directors, managers or executives on compliance failures | || trade. The liability shall be joint and without the benefit of prior enforcement.
4. The recurrence of the effects are taken into account offenses detected in connection with an enterprise
against those who over time have held positions of legal representatives, directors or managers
.



Art.76 (Revocation or suspension of the license)

1. The Congress of State may suspend or revoke the business license if the holder
carries on business in a form that impair the prestige and interests of the Republic.





TITLE VI TRANSITIONAL PROVISIONS, OF REFERENCE AND FINAL



Art. 77
(provisions for the examination of the practices before the entry into force of this law and
referral rules)

1. All applications submitted to the Office Industry and Commerce
before the entry into force of this law, must be examined within 90 days from the entry into force of
34
this law in accordance with procedures and methods established by existing laws at the time of its
presentations.
2. Natural or legal persons who at the date of entry into force of this Act are
more licenses issued under the previous legislation, will retain ownership of
existing licenses without having the possibility to transfer outright in the licenses; However
it allowed the temporary transfer of ownership in accordance with this law. 3
. Where persons referred to in the preceding paragraph intended to transfer the seat of the individual
existing licenses, the procedure applicable is that provided for in Articles 25, 26, 27 of this Law
.
4. Consumer cooperatives if they are composed of a number of members greater than
hundred units, are subject to the provisions of this Act even if the
performance of goods and services for members only.




Art.78 (license fee)

1. All activities covered by this law are subject to the payment of the annual license of the license issuance
fee and the fee the amount of which is set out in Annex B
of Law 129 of July 23, 2010 "Regulations on licensing for the exercise of industrial activities, service
, craft and trade. "
2. The fee is payable in full irrespective of the date of issuance.



Art. 79
(Reference to Law 129 of 23 July 2010 "Regulation of licenses for the exercise of activities
industrial, service, craft and trade)

1. For matters not specifically provided for in this Act referred to, as far as compatible
, with Law 129 of 23 July 2010 "Regulation of licenses for the exercise of activities
industrial, service, craft and trade."



Art. 80
(Sale of monopolies)

1. By delegated decree we will be governed the sale of monopolies, and in particular
tobacco, in the light of the needs and critical issues advanced by the trade associations.
Particular attention must be paid to the following aspects:
- provisions for procuring tobacco for traders authorized to
resale;
- Limits to the commercial license assignment concerning kinds of deprivation;
- Exclusivity of the product category.




PURSUANT TO ART.81 (Repeals)

1. They are repealed all provisions contrary to this law.

35


Art.82 (Entry into force)

1. This Law shall enter into force on the fifth day following that of its legal publication
.


Our Residence, this day of July 26 2010/1709 dFR



THE CAPTAINS REGENT
Marco Conti - Glauco Sansovini



THE SECRETARY OF STATE
FOR INTERNAL AFFAIRS
Valeria Ciavatta


36

ANNEX "A"
TITLE I

SECTORS FOR THE EXERCISE OF THE RETAIL TRADE AND
PROFESSIONAL REQUIREMENTS FOR SPECIAL ACTIVITIES
CONDUCT

Art.
1 (List product sectors for the exercise of retail trade)

1. The sectors for the exercise of retail trade are as follows:
a) food industry;
B) non-food sector, including certain packaged food products and complementary to
sale of specific types of products to be defined by appropriate regulations of
Trade Commission.
2. According to Article 5 of this Law are provided the following compatibility:
1. industrial activity installation and installation with the trade to the detail of products
for the building, industry and crafts;
2. industrial rental business, repair, maintenance and installation with trade
sale of vehicles; 3
. the industrial design of service, design and contract manufacturing of
exclusive own brand products with the trade to the detail of those same products
corporate brand. 3
. Notwithstanding Article 7 of the Law 18 of June 8, 1965, the industrial licenses for the exercise
of hotel activities, ballroom, nightclub can predict the activity of

Administration to the public of foods and drinks. Also industrial licensing production of
bakery products, ice cream, piada and bins can predict the activity of
administration to the public of drinks and of products of own production.

Art. 2
(Professional requirements for the exercise of the retail trade)

1. Pursuant to article 24 paragraph 2 point d) of this Act, are listed below
special activities for which require special training or professional experience
.
2. For obtaining a license for the exercise of retail trade under the food industry
you must have successfully you attended a course dealing with matters appropriate
to ensure learning of the provisions relating to health,
safety and consumer information as well as matters relating to aspects of conservation,
handling and processing of food, both fresh and preserved as required
by the specific rules on the hygiene of foodstuffs and related decrees application
. 3
. For the exercise of the trade to the detail of orthopedic products and related accessories and
medical equipment you must have obtained a bachelor's degree in orthopedic technician or
degree related to three-year course for orthopedic and ernista mechanic.
4. For the exercise of the trade to the detail of herbal products and medicinal products not subject to medical prescription
you must either meet the following requirements:
a) have obtained a university degree in pharmacy or chemistry or in chemistry and technology
pharmaceutical or industrial chemical;
B) have exercised on their own for at least two years, the activity for which you request the release of
license;
C) have lent their works for at least three years, with corresponding tasks
activity for which you are applying for licensing;
37
d) have to employ, or report-coordinated
professional collaboration, a technical manager in possession of the previous point
a) qualifications.
To exercise the trade to the detail of homeopathic and herbal products subject to prescription
you must either meet the following requirements:
a) have obtained a university degree in pharmacy or chemistry or in chemistry and technologies | || pharmaceutical or industrial chemistry or equivalent qualifications;
B) have practiced on their own, for at least two years, in the last five, the activity for which you
for the issue of the license;
C) have lent their works for at least three years, the last five with duties corresponding
activity for which you are applying for licensing;
D) have to employ, or a ratio of coordinated and continuous
professional collaboration, a technical manager in possession of the requirements referred to in paragraph a).
5. you must
alternatively meet the following requirements:
a) having graduated from the exercise of the skills of auxiliary health professions for the exercise of the trade to the detail of optical and material accesorio, of
optical;
B) have exercised on their own for at least two years, the activity for which you request the release of
license;
C) have to employ a technical manager in possession of in the previous
a) qualifications.
6. For the retail trade of weapons defined products you must present the certificate of good conduct
specific use.
7. Recognition of the validity of the individual prices of the products, educational qualifications and employment history
required for the exercise of the trade referred to in this Article is responsible in case of dispute
, the Trade Commission which will make use of experts or the relevant offices.

Art. 3
(Office of the commercial activities)

1. In accordance with Article 66 paragraph 1 of this Act, the licensing for the exercise
retail of specific product categories such as vehicles, furniture, art and antiques
, hardware, machinery and equipment for the material 'construction, industry, crafts,
agriculture and animal husbandry is permitted in a room having one of the following functions: C12, D2, D5
referred to in Article 183 of the Law of July 19, 1995 87.
2. Subject to the conditions referred to in the preceding paragraph for the product categories set out therein, in
derogation from the provisions concerning the issue and / or transfer of business licenses to detail,

The Congress of State may authorize the release and / or transfer of business licenses to
detail of big structure, even in rooms with D2 and D5 functions referred to in Article 183 of the Law of 19 July 1995
87 provided that the following conditions:
- that the commercial retail business is existing, regardless of the type of
license as on the location or venue, the date of entry into force of this Act;
- That the commercial activities at existing retail prove during the authorization request
to the release and / or transfer of the license, the payment of single tax
minimum amount of no less than € 500,000, 00 = (Euro five hundred thousand / 00) per year in the two years prior to the request
;
- That the commercial retail business exists proves, when applying
authorization to issue and / or transfer of the license, you have to employ
least 25 (twenty five) work units.
The accompanied instance of all the documentation provided for in Article 24 of this Law as well
of documentation to prove the requirements referred to in the preceding paragraph should be addressed through the Office
Industry, Craft and Commerce, the State Congress that
must provide examination instance within sixty days from the date of making the application to do.

38
TITLE II

SECTORS FOR THE EXERCISE OF THE WHOLESALE AND
PROFESSIONAL REQUIREMENTS FOR SPECIAL ACTIVITIES
CONDUCT
Art. 4
(List product sectors for the year wholesale)

1. The sectors for the year Wholesale are as follows:
a) food industry;
B) non-food sector.

Art. 5
(Professional requirements for the exercise of the trade)

1. According to Article 52 paragraph 2 of this Act, are listed below the particular activities for
which require special preparation or an experienced professional
.
2. For obtaining a license for the exercise of the industry referred to in food commodity
trade you must have successfully attended a course having as object
materials suitable for ensuring the learning of health related provisions the
safety and consumer information as well as matters relating to aspects of conservation,
handling and processing of food, both fresh and preserved as required
by the specific rules on hygiene for food and related decrees application
. 3
. For obtaining a license for the exercise of wholesale
homeopathic products and medicines you must either meet the following requirements:
a) have obtained a university degree in pharmacy or chemistry or in chemistry and technologies | || pharmaceutical or industrial chemical;
B) have to employ, or a ratio of coordinated and continuous
professional collaboration, a technical manager in possession of the requirements referred to in paragraph a).
4. Recognition of the validity of the individual courses, qualifications and employment history
required for the exercise of wholesale of products referred to in this Article competes in
event of a dispute, the Commission for Trade will make use of experts or offices competent
.

39

ANNEX "B"

Art. 1
(Business Zone)

1. The territory of the State, the purpose of the exercise of trade to the detail in open exercises to | || public, is divided into the following business areas:
a) historical Center of the Capital;
b) a predominantly residential area;
c) town centers.
2. the shopping areas of which the preceding paragraph are identified in the plan referred to in this Annex
.



40 ANNEX "C"

Art. 1
(existing shopping centers)

1. Under Article 29 of this law, the existing entrance malls
into force of this regulation are marked with the following property data:
- Customs F. 5 - No. 13 with retail space of about 13,463 square meters .;
- Mellini Bridge F. 5 - # 77 with retail space of about 7,287 sq m .;
- Mellini Bridge F. 5 - # 205 with commercial space of about 11,375 square meters .;
- Customs F. 7 - # 216 with a commercial area of ​​about 5,978 square meters;
- Fiorentino F. 55 - No. 134 with a retail area of ​​about 5,265 square meters.