Shut Happens Again…. ( Part 2..)

Following last week’s announcement about the curbed shopping hours in the Valencian communities…. Here it is all explained….. Clear as mud ūüėȬ† Thanks to La Marina Plaza

The new regulations on opening of shops on Sundays and holidays, from the modification of the Commerce Law of the Valencian Community, has caused doubts about the regime , given that it is not the same in each of the municipalities.¬†That is why it is time to review the situation is in each area of the region. The¬†Consortium for Economic Recovery and Activity of the Marina Alta (Creama) has now done this and is informing traders and the general population of the “practical translation” of the new regulation.

First of all,  retail establishments that do not operating as chain-stores, with less than 300 m2 of sales room, have total freedom to determine the days and opening hours throughout the year, according to the Law 1/2015, of February 27, of Commercial Hours in the Comunitat Valenciana.

 However, the modification of the Law of Commerce of the Comunitat Valencian, published on February 19, includes the agreement on commercial hours reached in December at the Observatory of Commerce of the Comunitat, by which the festivities are established in which shops can open their doors in the different municipalities of the Region.

General schedule

1. The overall schedule in which the commercial establishments will be able to carry out their activity during the set of weekdays of the week will be, at most, 90 hours.

2. In general, Sundays and holidays will be considered non-working. However, they will be enabled for each year up to a maximum of eleven Sundays or holidays in which establishments may remain open to the public to develop their commercial activity.

3. Each merchant will freely determine the schedule corresponding to each Sunday or holiday in which he carries out his activity.

Days that can not be opened: general closing

Under no circumstances may be open to the public on Sundays and following holidays: January 1, January 6, May 1, October 9, December 25, or December 26 when this is declared a holiday by transfer of the party of Christmas.

Sundays and holidays enabled for 2018

By Resolution of December 5, 2017, the Conselleria de Economía Sostenible, Productive Sectors, Trade and Labor may be opened to the public on Sundays and following holidays: January 7, March 18, April 1, July 1, 25 November and 2, 8, 16, 23 and 30 December 2018

Areas of Great Tourist Inflow: Benissa, Calp, Dénia, Gata, Pedreguer, Teulada-Moraira and Xàbia

The localities that have declared a partial ZGAT , may open the 10 holidays and / or Sundays enabled in general, in addition to the holidays at Easter and between June 15 and September 15. In the case of municipalities Creama are, Benissa (except the coast), Calp, Dénia, Gata de Gorgos, Pedreguer, Teulada-Moraira and Xàbia.

On the other hand, in Benissa Costa, they will be able to open more days since the 10 holidays, and the holidays in Holy Week, extend the period between June 15 and January 5 to have a ZGAT throughout the year .

Pego

On the other hand, in Pego, lacking a Zone of Great Tourist Inflow, in this year 2018 only the 10 holidays authorized by the Resolution of December 5 can be opened. As of 2019, up to eleven holidays can be opened, which will be decided according to different criteria:

1.- When there is accumulation of holidays

2.- The first Sundays of the sales (after January 6 and July 1)

3.- Palm Sunday

4.- Good Friday

5.- Holy Thursday when it is a state or autonomous holiday

6. – Easter Sunday

7.- Sundays between December 26 and January 5.

For the determination of the enabled dates, it will be necessary to adjust to the following order of criteria:

a) Opening, at least, on a holiday when there is a coincidence of two or more continuous holidays.

b) The opening of the first Sundays of the traditional sales periods: the first Sunday after January 6 and the first Sunday of July.

c) The opening on Sundays and holidays of more tourist influx in the Comunitat Valenciana. In general, this will be considered on Palm Sunday, on Good Friday, or on Holy Thursday when it is a state or autonomous holiday, and on Easter Sunday.

d) The opening on Sundays or holidays of the Christmas campaign, which will include from the Sunday after the fourth Thursday of November to December 24, and Kings, which will include from December 26 to January 5.

Exceptional hours

1. Exceptional schedules are those that are granted, at the request of the interested city council, due to special non-periodic circumstances that increase the business opportunities of the local commerce by occasional and exceptional increases in demand due to the greater influx of visitors in Specific dates.

2. Any exception will be granted for the specific days, without being able to extend the validity beyond the calendar year for which they are granted.

3. The municipalities may request the granting of an exceptional schedule to the general regime for establishments located in the area where the exceptionality of the municipality occurs.

4. The exceptional hours shall not exceed a maximum of two Sundays or holidays per year to each municipality, without this being counted in the limit of Sundays and holidays referred to in article 17.

5. The procedure for requesting exceptional business hours, as well as the documentation that must appear in the file, will be determined by regulation.