P.R. Laws tit. 21, § 4957

2019-02-20 00:00:00+00
§ 4957. Contents of municipal ordinances

Every municipal ordinance regulating the location and operation of itinerant businesses shall establish the requirements and procedures for granting, denying, modifying, altering, suspending, revoking and canceling the license and must include, without it being construed as a limitation:

(a) The public and private areas and places in which the location and operation of an itinerant business is prohibited and the standards for its operation.

(b) The various types of licenses to be issued according to the location, operation, manner of goods and services, type of itinerant business and period of time in which it shall operate and any other so deemed.

(c) The amount to be paid for processing and conducting an administrative investigation of the license petitions, and their renewal, if any, and the fees to be paid for issuing and renewing said licenses.

(d) The term of effectiveness of every type of license may not exceed one year and the restrictions and limitations to which it may be subject.

(e) The requirements that every petitioner of a license and every owner and operator of an itinerant business must meet and the standards and procedures for supervising said requirements.

(f) The procedure for filing complaints against itinerant businesses by any person who considers himself/herself harmed by the location or operation of the aforesaid or who has knowledge that an operation is being conducted in violation of the provisions of this chapter or the applicable ordinances and regulations.

(g) The terms and procedures for the judicial reconsideration and revision of the decisions, resolutions, determinations and orders issued by the municipality under this chapter.

(h) The administrative fines and penal sanctions that shall be imposed for violations of the provisions of the ordinances and regulations adopted pursuant to this chapter.

(i) The administrative unit of the municipality to be delegated with the implementation of this chapter.

Prior to the approval of any ordinance or resolution to regulate the operation and location of itinerant businesses, the Municipal Legislature shall hold public hearings that shall be announced at least ten (10) days before the date of the hearings in a newspaper of general or regional circulation distributed within the territorial boundaries of the municipality in question.

The municipality shall adopt a uniform procedure for adjudicating all matters pertaining to itinerant businesses that shall contain the guarantees granted by due process of law and be similar to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.

History —Aug. 30, 1991, No. 81, added as § 20.008 on Oct. 29, 1992, No. 84, § 103.