Frequently Asked Questions PVR
Frequently Asked Questions PVR
¿What are authorizations for sale with surcharge?
Administrative authorizations for sale with surcharge give the right to sell tobacco fixed with a surcharge on sale prices tobacconists and pitch ("estancos"). The sale will be made in commercial establishments that sets the law 28/2005 of health measures compared to smoking, through the use of vending machines or manually cigars and cigarritos layer with local natural these when they have administrative authorization granted by the commissioner for the market of tobacco.
¿What establishments can sell tobacco?
Vending machines of tobacco products can only be located inside:
- Newsagents located in the street
- Premises whose main activity is the sale of press with direct access to the public road
- Convenience stores under Article 5.3 of Law 1/2004, of 21 December, commercial schedules are located in service stations
- Convenience stores under Article 5.3 of Law 1/2004 of 21 December, schedules to provide commercial certification proving that status, issued by the competent authority in trade.
- Nightclubs, gambling establishments
- Hotels, hostels and similar establishments
- Bars, restaurants and other eating establishments closed.
EXCEPTIONS: Prohibits the sale when these establishments are:
- Centres and units of public administrations or public law entities
- Health centres or social services, educational, cultural
- Sports centres and facilities
Smokers clubs are not commercial establishments, so you cannot sell tobacco with surcharge.
¿What establishments are convenience store?
Are those that, with a surface useful for the exhibition and sale to the public not exceeding 500 square meters, remain open to the public at least eighteen hours per day and distribute its offer, similarly, between books, newspapers and magazines, articles of food, CDs, videos, toys, gifts and sundry items.
¿Who attaches authorisations?
The autonomous agency commissioner for the market of tobacco, upon request by the interested.
¿Can I sell tobacco without permission?
No. The sale with or without surcharge without authorization constitutes an infringement punishable.
¿Who can apply for authorisations?
Applicants must be natural or legal persons holding a mercantile establishment open to the public, types under the law. May not be granted licences for the sale extra expendedurías holders of tobacco and stamps.
¿What duration are authorizations for sale with surcharge?
Authorizations have a duration of three years, and may be renewed for equal periods at the request of its owner.
¿How Do I request permission?
The applicant has two options to make your application:
The applicant, or so delegated the expendeduría, you can do so by accessing https://cmtabacos.sede.gob.es/, and entering the option procedures, points of sale with surcharge, choose the procedure authorization of points of sale with Surcharge. Following the indications to receive for authentication in Cl@ve, you get into the procedure, and the application form.
In the process of register or renewal, and only if the applicant had anticipated the entry of the rate before entering this electronic procedure to check it shall include in the form an application number of the payment order with which would have made this entry, that is located in the box of the barcode of the model established. you can attach the document in your request in electronic format for verification, in the section of Expendeduría data as a document of links with it. Should not be repeated the number of request for the payment order in any other application formulated, since in this case is cancelaria automatically to avoid duplication.
If it has not been advance payment, logically devoid this information in the form, attaching then on data from the model Expendeduría link that you can find on Documentation of interest, duly completed and signed. Once completed and sent the request, via email sent to the address that he completed in your data, the applicant receives a communication so that it can be downloaded in this Seat payment letter to make the payment of the fee. It expressly advised that if within 10 DAYS HÁBILES commencing from the date of registration of the application, are not complete the subscription rate, in accordance with article 5.Ocho.a) and at the point 4 of Annex of the law 13/1998, 4 May, market management of tobacco and Tax Regulations, resolution will be rejected the application procedure for non-payment of accrued rate.
- ON PAPER
The applicant must contact the tobacco Expendeduría and pitch ("watertight") decides where supplied of tobacco products, which must be one of the three closest to the point of sale of the municipality, bearing in mind that in the case of sale of cigarettes can be supplied in a different tight supply of cigarettes between the three closer, and there will provide you with a model instance auto-copiativo role with four copies must fill in accordance with the instructions contained in the model instance. Subsequently must pay the rate established in the model instance.
After the liquidation rate referred to, it should refer to this Commissioner “ Copy for the commissioner for the Tobacco market; to send by the applicant ”. you can do this reference viewed, following the instructions of the previous item allusive to the event of advance the entry of the corresponding rate, in which case will incorporate document to your request, once filled in the electronic site.
To avoid problems in the course of his application should only be entry an application in the commissioner following a commented options, recommending the procedure TELEMATIC by drastically reduce the deadlines resolution.
¿I must pay any rate?
Yes, but it will only be necessary to pay the amount of the rate for High and renewal. You will not need to pay the rate for Modification procedures and Low. The rate is contained in the application.
¿Is mandatory to be supplied of watertight where you made the request?
Yes, has always to replenish regulations in the appropriate. Do Not be filled in the Expendeduría of tobacco and Bell is assigned a punishable offence.
¿Can I change supply tight?
Yes, provided that it has requested and has authorized a modification of supply expendeduría that is among the three closer to the point of sale in the municipality.
¿What changes may request permission?
Permission to points of sale with surcharge may be modified in the following circumstances of change:
- Local site
- Vending machine
- Supply of expendeduría
- The mode of governance.
In either case referred to in the previous paragraph, the respective circumstances must be notified to the commissioner for the market of Cigars before occur. The communication will be directly to the Commissioner for the Tobacco Market, which will inform the expendeduría previously assigned to the supply or the corresponding if the change of location would change mandatory.
¿Can I have more than one machine in my business?
Yes, it sought approval by each of the machines.
¿Enrolment number is the machine series number?
No, the series number gives it the manufacturer and accompanies the brand and model of the machine.
The enrolment number is the appearing inscribed in the poster of authorization and is the one that identifies the machine in the register of the commissioner Vending Machines.
¿Can I fix prices freely?
No. As for tobacconists, prices of the work for sale with surcharge is fixed and are regularly published in the Official Newsletter of the state (BOE). The sale to different prices for those authorized is a punishable offence.
¿Is mandatory to sell tobacco with machine?
Yes, with the exception of cigars and cigarritos in bars and restaurants authorized.
¿Who can make the purchase and transport of tobacco since the expendeduría PVR?
- The acquisition and transport to work authorized points for sale with surcharge should be personally by the owner of the authorization or his relatives linked to business, or by their dependents, some and other specifically authorized the effect
- The transport of the work may also be done by the owner of the expendeduría, by their relatives linked to business or by their dependents, also specifically authorized to do so.
- Exceptionally, in cases where the supply of tobacco products at the point of sale extra cannot be authorized by persons cited, both the issuer as the authorized for sale with surcharge may use trustees for transport, written expressly proxies, responding of its management as if it were done personally by the principal. In such cases, the commissioner communicated the identity of leaders.
- Although the operation and management of the authorization will be at risk and peril, directly, by the authorized, the applicant of the authorization can delegate management in the newsagents allocated in the corresponding authorisation. The newsagents manage directly the authorization, without the person or company filed, although you can use their relatives linked to business, or their dependents, some and other specifically authorized the effect. To this end, the corresponding declaración-liquidación model rate for the authorization of sale extra expressly should be reported their choice for this mode delegated management. The management at no time will be paid.
¿Who is responsible for the correct location of the machine, as well as the existence and proper functioning of the command of access control to minors?
Both in the direct management as in the management delegated the responsibility for the correct location of the machine, as well as the existence and proper functioning of the command of access control to minors shall be exclusively of the holder of the authorization of sale with surcharge.
¿In the management delegate is necessary to issue sold?
Yes, the newsagents assigned will remain obliged to issue the corresponding invoice or sold, which shall protect the movement of the work of tobacco between his expendeduría and the point of sale extra monstrance and for 3 years. The vendís or invoices, that will be extended by doubled, will be kept by the authorized for sale and extra supply expendeduría during a period of one and three years, respectively.
¿Who has to have the keys of the machine??
Holders of authorisations for sale must keep extra compulsorily in the place where they work means or elements of opening of the vending machines, to allow at all times the inspection of its contents.
However, in the case of delegated management, keys will reach the expendeduría assigned, and provide the same immediately before any action Inspector.
¿Can I sell without having the poster for authorization?
No, has to be visible in the documentation for the authorization and the official rates of prices. In particular, if the sale occurs through automatic machine, the authorization as appropriate format, should be visible in a panel of the machine protection under a transparent.
¿What are violations of sale with surcharge and what sanctions are subject?
Violations are the following:
- Distortion of data provided in the instance requesting permission.
- Display outside the establishment of any kind of advertising brand or product of tobacco products.
- Sale at prices than those legally established.
- Tobacco obtaining a different provider of expendeduría assigned.
- The absence of exhibition in visible from the official tariffs of sale with surcharge or the document attesting authorization.
- Sale of tobacco without proper authorization administrative.
- Resistance, refusal or obstruction to action inspector of the commissioner for the Tobacco market.
Penalties for violations committed by those authorized for sale with surcharge include fines quantified depending on the seriousness of the offence or revocation of the authorization if proof falsehood of data in the application.