The retail trade is one of the most difficult in the market segment in terms of legal and technical regulation. This is due to the fact that this type of entrepreneurial activity is initially focused on a wide class of interested parties. In this case, the means of ensuring small trade may be different. The most affordable way to sell goods in terms of financial costs is a non-stationary trading facility. This may be a tray, tent, kiosk or other structure through which trade is carried out.
What is a non-stationary object for trade?
The unsteady position of the object provides for the possibility of its movement, but this does not always apply to the structures with which trade operations are carried out. That is, there is a theoretical possibility of moving an object, but it may not be used for years. In other words, a non-stationary trading facility is real estate, which is a platform for the retail sale of goods. In particular, it can be stalls, kiosks, trays, boxes and other objects. From a technical point of view, the unsteadiness of such structures is due to the lack of a foundation.
The stationary structure certainly has a strong connection with the ground. In turn, a non-stationary object may have a connection to communications, but its installation does not provide for the formation of the same concrete base for fastening. However, retail trade through the objects of a non-stationary trading network can be based on the principles of delivery and distribution sales. That is, in this case, the object is characterized by mobility. Now it is worthwhile to examine in more detail varieties of objects of trade.
Types of non-stationary objects of trade
The group of non-stationary objects of trade is quite diverse and includes a wide list of various designs and structures. So, there are three basic classes of such objects: traditional non-capital constructions, mobile devices and devices, due to which trade is carried out by hand. In the case of non-capital objects, we can talk about the most common methods of trading through kiosks, vending machines, trough points, etc. These are structures that, although they have no foundation, but provide for reliable installation. A mobile non-stationary trading facility includes car shops, all kinds of mobile shops and van sales trays. Also, small-retail trading with hands is sometimes included in the group of non-stationary objects, but it can be carried out even without auxiliary structural tools. In addition, there is a classification according to the nature of the seasonal operation of trade objects. The separation on this basis is especially pronounced in the case of stalls and stalls, which can be cleaned during the off-season and put up in the most active periods of sales. For example, in the summer, melons and street cafes are popular, and newsstands can be attributed to objects of year-round use.
Legal registration of the object
For placement and planning of trade objects, it is necessary to prepare the relevant documents for the design of the point of sale. But before this, technical capabilities should be provided for ensuring the safety of the target site, as well as its compliance with sanitary and environmental standards. Already during the operation, the owner will have to regularly confirm the right to place non-stationary trading objects with the following documents:
- License for trading activities.
- Permission to install a non-stationary object.
- Documentation indicating the sources of origin of the goods sold. Here, quality certificates, sanitary certificates, as well as certificates with veterinary certificates for products should be provided.
- A copy of the agreement on the removal of effluents and the supply of water. This is required in case of inability to connect to the central water supply line. In addition, a disinfection schedule is provided as part of the local infrastructure providing drinking water.
- A document confirming the registration of a cash register. Such equipment is not always required, but only in cases where kiosks or trays are included in complexes of shopping centers, shops, etc.
- An agreement on the disposal of environmentally harmful products and the disposal of household waste.
Requirements for placed objects of stationary trade
Anyone wishing to organize this kind of activity should submit a maximum of information about the planned characteristics of the object in the application. As a rule, retail trade provides for the provision of services in the form of sales of household goods and catering products . After obtaining permission, the owner of the point must also adhere to the legislation regarding the regulation of retail trade. Not only the placement of non-stationary trading facilities is carried out with the maintenance of safety standards, but the product itself must meet special requirements. In particular, this applies to sanitary standards. In addition, a kiosk, stall or other object of trade should have a sign indicating the legal entity, location and mode of operation. The point also provides for fire safety, personal hygiene of staff and conditions for providing household needs.
Provisions for the placement of the object of trade
To begin with, it should be noted the difference between the objects that are set up as independent sales outlets and the structures operating as part of celebrations, fairs, exhibitions, etc. In the second case, special rules are envisaged that are approved by the local administration depending on the format of the stocks. In other cases, the placement is planned taking into account the provision of the local population with enterprises of the consumer market. In addition, the general provisions on the placement of non-stationary trading facilities require that places be selected on sites and in buildings that are in municipal ownership. The conclusion of contracts for the placement of retail facilities is carried out in the prescribed manner specifically for non-stationary structures.
The lease agreement usually lasts no more than a year. At the same time, the current tenant will have a privileged right to further use the leased plot or premises. It is also important to consider that a non-stationary trading facility is property that is intended for entrepreneurial activity. Therefore, special fines are provided for violations in the organization of accommodation. For example, the installation of a kiosk without an agreement is considered unauthorized, and the owner of this object should be held accountable.
Object layout
Installation of trade objects on sites and in premises that are in city ownership can only be carried out in accordance with a pre-compiled scheme. The development of this document is carried out taking into account two goals, which are expressed in stimulating the sustainable development of the local territory and meeting the needs of the local population in retail goods. The scheme is approved by the local government, also guided by the charter of the municipality. The document may provide for the placement of about 60% of the objects of this kind of trade, which in the future will be used for small or medium enterprises. Since a non-stationary trading facility is, as a rule, private property, it is often placed on its own territory. That is, the owner of the commercial space can arrange a tent or kiosk within the framework of his stationary type shopping center or within the boundaries of the land.
An auction for the right to place
If we are talking about municipal areas, the decision about who will receive the right to lease a particular territory can be made on the basis of the results of the auction. For this, the city administration makes an appropriate decision and formulates the subject of the event. The organizer may also be the committee of the consumer market. The regulation on non-stationary trading objects indicates who will directly regulate the auction. Usually, a special commission acts in this capacity, whose functions include the following:
- The definition of the so-called auction step, that is, the value of the increase in value in the range from 1 to 5% of the starting price.
- Schedule of applications, as well as the timing and place of summing up the results of the auction.
- Consideration of applications and making decisions regarding the recognition of one of the participants as a winner.
- Maintaining an auction protocol.
The results of the auction are published in the media or online publications 30 days after the event. The protocol may indicate the cost of rent, address, area parameters, and in some cases also describes the procedure for the placement of non-stationary trading facilities or special requirements for the operation of the contracted territory.
Object placement agreement
Three days after the announcement of the winner of the auction, a contract is drawn up and the owner of the right to place an object of non-stationary trade can start organizing his activities. At the same time, the installation of the facility provides for compliance with all the requirements that are indicated in the layout and were noted in the auction protocol. After the completion of the document, the owner must restore the territory occupied by him. This must be completed within 10 days. The entrepreneur must inform the consumer market committee of all actions on the leased site from installation to dismantling the structure . Information on the duration of activities in the territory and the possibility of its early termination must contain an agreement on the placement of a non-stationary trading facility, as well as clauses on the extension of the document.
In what cases is the contract terminated early?
Termination by exercising the right to place an object may be accepted in several cases. For example, if the owner ceases to engage in trading activities. Also, termination of the contract may be related to the decision of the judicial authorities, which exercise the functions of control and supervision. The local government also has the right to act as the initiator of the termination of the contract. In particular, this may be due to the need to reconstruct local infrastructure. However, the procedure for the placement of non-stationary trading facilities initially provides for the conclusion of an agreement on the basis of the requirements of the urban infrastructure arrangement scheme, so such work rarely becomes a factor in terminating entrepreneurial activity in the area allocated for this.
There may be other reasons for the premature termination of the contract. So, the violation by the owner of the trading facility of certain points in the document may well become the reason for its early termination. This may be the transfer of rights to operate the area to third parties, other activities in relation to the declared, etc. Then, within 5 days, all non-stationary trading objects should be removed from the territory. The decree also prescribes that the decision on early termination of the contract in case of violations by the owner of the trading facility should be made by the auction organizer.
Conclusion
The location of sales objects in the city is of great importance. On the one hand, small retail outlets allow providing the local population with necessary goods, but on the other hand, they undoubtedly change the external city landscape. But not only these aspects are guided by the developers of infrastructural schemes, which indicate the place of sale of goods. As a rule, the provision of non-stationary trading facilities is carried out with the expectation of future architectural development. Making adjustments to the urban plan, by the way, may become the basis for the early termination of the contract. The change in the appearance of the city as a result of the distribution of outlets is also taken into account. The fact is that non-stationary objects are not always distinguished by aesthetic appeal, which also becomes a factor in the decision to place a particular tent, kiosk or a group of seasonal pavilions.