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José M.
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Experience:  Spanish Attorney
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What is the penalty for selling tobacco without a licence

Customer Question

What is the penalty for selling tobacco without a licence
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M spanish attorney

José M. :

I need to know if you mean to sell legal tobacco or ilegal ( no taxed ) tobacco

José M. :

And I need to know the account of ilegal boxes retained if we are talking about ilegal tobacco

Customer:

I have a newsagent shop. I wi

José M. :

I see

José M. :

We are tañlking about selling legal or ilegal tobacco ?

José M. :

I mean, taxed or untaxed tobacco?

José M. :

http://www.cmtabacos.es/wwwcmt/paginas/ES/comisionadoFAQPVR.tmpl

José M. :

If we are talkin about legal tobacco you need a licence

José M. :

The fine could be 300 euros first time

José M. :

If you are talking about ilegal tobacco the fine will be no less that 1500 euros and they take all the ilegal tobacco you have

José M. :

here is the law which rules it

José M. :

http://www.cmtabacos.es/wwwcmt/documentos/normativa/general/ley_13_1998_ES.html

José M. :

So remember, you need a licence

José M. :

The minimun fine will be 300 euros

José M. :

Do you need more help?

José M. :

If you do not need more help please do not forget to rate positively my service

José M. :

Thank you

Customer:

Sorry having internet problems - hopefully now resolved.

José M. :

Do not worry

José M. :

We are going to try it again

Customer:

I wish to sell legal tobacco out of a machine with a remote. Legal prices etc. I have a newsagents shop but sell also sweets, drinks, cards gifts etc. I understand the first fine is 300E. What is the second and third time fines please?

José M. :

The best way to sell legally is to rent a machine from a provider

José M. :

Fines could be up to 120.000 euros if you repeat

Customer:

I bought a machine 3 years ago. The Guardia Fiscal has taped up the machine. I do not have a sub licence from my Estanco.

José M. :

Thats the problem

José M. :

It is not the machine that you need

José M. :

You need the licence or rent part of your space to a provider

José M. :

I mean your business will be renting your space a provider who has legal machines

José M. :

That is is how you have to manage it

Customer:

How do I find a legal provider?

José M. :

Where are you?

Customer:

Sotogrande, Cadiz

José M. :

Wait a minute

José M. :

http://www.maquinasdetabacogrupotafri.com/tabaco.htm

Customer:

OK thats great. But I would still like to know possible fines for second and third offences.

José M. :

Ok

José M. :

The problem is that in the second time the fine will be no less than 12.000 euros

José M. :

I think it does not worth

Customer:

WOW. Thanks for all your help.

José M. and other Spain Law Specialists are ready to help you
Customer: replied 3 years ago.

I´m sorry but I am not sure your advice was correct. We spoke to the machine company and all they do is give us the serial number of the machine they would provide. The machine company is not licenced to sell tobacco.


 


That number has to be entered on a form provide by the estanco. Once that is done according to the machine provider you have a licence.


This is not correct because we have filled out the form (three times). That form together with a refundable application fee has to be sent to the Comisionado para el Mercado de Tabacos to review and possibly grant a licence.


As I say they have rejected three applications (and two appeals).


The problem is a newagent can have a tobacco licence only if they sell nothing other than newspapers. Not sweets , not drinks not anything.


Never mind that there is not a kiosko in Spain that doesn´t sell more than tobacco and press.


I guess all kioskos are trading illegally, but I´m not Spanish. I think that´s the real problem!


 

Expert:  José M. replied 3 years ago.
You need to contact a company who has licenced machines
Ask in a estanco if they have this kinds of licence machines
Customer: replied 3 years ago.

The estanco is shut today for the fiesta. I can ask tomorrow. However the Estanco recommended the company that provided the machine I bought.


 


 

Expert:  José M. replied 3 years ago.

Sure, that it is.

You can deal with the estanco to sell his tobacco with the machine

I mean, the estanco can rent the machine and pay you a comission or you can buy the tobacco from the estanco and sell it out with his autorithation

Customer: replied 3 years ago.

If that´s true, next time the Guardia Fiscal inspects me and asks to see my tobacco licence what do I show them?

Expert:  José M. replied 3 years ago.
Sure, once the tobacco is legal and you got a contract with the licenced person who sell it out you will be under law
Customer: replied 3 years ago.

How much would you charge


 


A) to drfat a contract


 


B) provide a letter on your stationery referencing the appropriate law and expressing the opinion that I could legally sell tobacco in accordance with the contract you drfated.


 


thanks

Expert:  José M. replied 3 years ago.

I am sorry to say that the site rules do not allow me to make contracts for clients.

If I could it no will be more than 300 euros

In all cases the person who contract with you because he has a licence he will have their own contracts so you do not have to spend money

Look for him and send me his contract and I ill advise

Thank you

Customer: replied 3 years ago.

OK thanks - I´ll ask the Estanco tomorrow.

Expert:  José M. replied 3 years ago.
Thank you
Customer: replied 3 years ago.

Good afternoon


 


I have spoken to our estanco and a competitor estanco. Our estanco has spoken to several other estancos and the Connissioner of Tobacco for Cadiz.


 


Nobody seems to understand how we can contract directlt with an estanco and then sell tobacco.


 


Could you provide us with contact details of an estanco or newsagent who has implemented such a contract?


 


Thank you.

Expert:  José M. replied 3 years ago.
Hi there

Is the estanco who has the seller machine of tobacco and the licence to sell it out

Your business is to rent a part of your business for his machine and you get some money as a rent or a comission for the number of boxes selled

That it is

You have to contact with an estanco who has this machines

Is just the same as the bares does

Thank you
Customer: replied 3 years ago.

Thank you for your reply and I understand what you are saying.


 


Can you provide the name and contact details for a bar that has done this, or the contact details for an estanco that has so contracted with a bar?


 


Thank you

Expert:  José M. replied 3 years ago.
I am 600 km out of you and each Comunidad Autonoma has different rules
Ask in the closer Bar you have confidence with and they will tell you details about a local provider

Thank you

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