The population is reminded that any occupation of the public domain must be authorized by the Collectivity in accordance with the provisions of the General Code of the Property of Public Persons, particularly in its article L. 2122-1.
As a reminder, the absence of an occupation permit is sanctioned by a fine provided for 5th class tickets (articles R116-2 of the Highway Code and R442-2 of the Commercial Code), which can be set at € 1.
Selling on the run, under articles 446-1 et seq. Of the French penal code, may be punished with:
- six months' imprisonment and a fine of € 3.750,00;
- one year imprisonment and a fine of € 15.000,00 when the sale is accompanied by assault or threats;
- Confiscation of property that was used or was intended for sale ...
- Their destruction.
For any occupation of the public domain, the authorization request must be made to:
- The Strategy and Economic Interventions Department, local development department, building of the port of Galisbay welcome - bay of the gallows, for any parking authorization on the public domain in order to operate an economic activity (itinerant sales on and off site market, precarious rentals at the kiosk building at the Front de mer and at the mini market in Grand-Case);
- The Legal Affairs and Litigation Department for any one-off occupation (sale of soups, cakes, etc.), located in the Collectivité annex, rue Victor MAURASSE - Marigot;
- The Regional Planning Department (former Marigot hospital, rue du Fort Louis) in all other cases, in particular for requests with land use and occupation of the public maritime domain.
However, it is specified that the occupation of private property for the exercise of a itinerant activity does not require any authorization from the Community, but only registration with the CCISM as a non-sedentary seller and authorization from the owner. The merchant is also subject to the obligations of any itinerant seller, namely to leave the place of exercise of the activity after work.
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