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A "antique fair", "vide-grenier", "brocante" (secondhand trade) is a demonstration organized in a public place or opened with the public, for the sale or of the exchange of worn movable objects, acquired movable objects people other than those which manufacture them or make trade of it. It must be regarded as a sale with the unpacking and the same legal provisions is applicable for him. 

How to organize a secondhand trade 

These demonstrations are regarded as sales with the unpacking and must be the subject of a preliminary request for authorization.
This authorization is delivered by the Mayor of the commune when the surface assigned to the operation is lower than 300 m². In the contrary case, the authorization is delivered by the Prefect.

Before delivering the authorization, the Prefect or the Mayor informs the Chamber of Commerce and Industry and/or the Guild chamber. These rooms have a 15 days deadline to make known their observations.

Will know that the organizer of such a demonstration must hold a register allowing the identification of all those which offer to the sale or the exchange these objects.

This register must comprise: 

- when that which offers to the sale or the exchange is an individual, her names, first names, quality, residence, nature, the number and the date of delivery of the identity paper with indication of the authority that it established it. 

- when it acts of a legal entity, the names, corporate name and seat of this one, as well as the names, first names, quality and residence of its representative to the demonstration, with the references of the papers identity produced.

Moreover, the register must be dimensioned and initialed by the police chief of police force or, failing this, by the mayor of the commune of the place of the demonstration .

It must be held throughout all demonstration with the provision of the services of police force and gendarmerie, of the tax services, the customs as well as services of competition, consumption and repression of the frauds.

With the end, demonstration, and at the latest within 8 day, it must be deposited with the prefecture or the sub-prefecture of the place of the demonstration.

To note : when the demonstration proceeds in a public place, it is necessary to request of the mayor a temporary authorization of occupation of the public domain. 

How to write its request  

The request must specify the following data elements: 
- Identity of the organizer or denomination of association 
- A document in proof will have always to be provided. According to the cases :
For a noncommercial deprived person, a card of marital status
For an association, the name of the person representing organizing association and a copy of its statutes. 

The place, its characteristics
A document in proof will have also to be provided. 
- If you are owner, a simple certificate on the honor will be enough. 
- If you are tenant, you will have to provide a copy of the contract. If you wish to occupy the public domain (for example a place or a boulevard), you will have present the authorization of the town hall. 
- If the place is located apart from the public domain, note the cadastral references. 
- If you plan to establish the fair with the secondhand trade in the vicinity immediate of a store of retail trade of a surface of sale higher than 300 m² or of a commercial unit, to provide an extract of the bearing cadrastal map identification of the adjacent pieces to the places of sale. The extracts or copies are delivered by the center of the taxes on land and give place to the collection of duties 

- The date and duration of the demonstration 

- Total surface used 

- The nature of the goods (in a general way)
The texts do not require to provide the list of the exhibitors. However, the organizer will have to have a register of the exhibitors, with the list by batches of the goods proposed with the sale, and to give a specimen from it to the town hall. 

Rules to be respected 

The requests for authorization will have to be introduced at the latest 3 months before the beginning of the secondhand trade and as soon as possible 5 months.
Certain prefectures (or sub-prefectures) show sometimes flexibility in practice, but it is preferable to respect the deadlines.

Conditions of funds 
- The place should not be used more than 2 months during the year at ends of unspecified unpacking or secondhand trade. 
- The respect of the law and order.
This concept owes, according to the administrator, being heard in the very broad direction. It will include/understand the person and traffic, the safety of the citizens, but still " the conditions of local competition and the balance of the trade and the craft industry ".

It is seen, these last conditions can lend to discussion.

The Chamber of Commerce deliver their simple opinion, but the prefect could reduce the duration

With which to address the requests? 

If surface is lower or equal to 300 m².
Only with the town hall (rare).

If surface is higher than 300 m².
That is to say the secondhand trade does not take place on the public domain : the request is to be addressed only to the prefecture or the sub-prefecture.
That is to say the secondhand trade takes place on the public domain (place, esplanade, boulevard...) : authorization of occupation of the ground to the town hall, then with the prefecture for the request.

Participations of the private individuals in the fairs with the secondhand trade 

The administrative court of Clermont Ferrand, asked for an opinion by the prefect of the area Auvergne, prefect of Puy de Dôme, drew attention to the illegality of the decrees limiting the participation of the only inhabitants of the commune or the communes bordering or neighbouring to these operations.

The difference of treatment between inhabitants of the commune or the neighbouring communes and those of other communes can be founded on a real difference in situation, nor by no reason for general interest. It is thus contestable in right.

It is thus permissible to any person, even not domiciled in the canton, to take part, with a manifestation of the type secondhand trade or vacuum attics.

This position was developed by the Secretary of State with small and medium-sized undertakings, the trade and the craft industry in an answer to a member of Parliament, Mr. Dulait (OJ Senate. QE. November 26, 1998 page 3806).

Texts of references 

Decree n° 68-786 of 29 August 1968 modified by the decree n° 70-788 of August 27, 1970
Law n° 87-962 of November 30, 1987
Ministerial decree of July 21, 1992
Law n° 96-603 of July 5, 1996
Decree n° 96-1097 of December 16, 1996 

Models to be downloaded
Card-index register secondhand trade for individual
Card-index register secondhand trade for a professional
Letter of request for occupation of the public domain 

источник публикации  (версия на французском)

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