The municipalities shall regulate the location and operation of itinerant businesses within their respective territorial boundaries according to the public policy of the Commonwealth of Puerto Rico. Any ordinance regulating itinerant businesses shall contain sufficient standards to protect the public interest, thus preserving the peace, tranquility and public safety and health as well as vehicular and pedestrian traffic, the safety and beauty of the public roads and places, and likewise to protect the consumer by insuring the compliance with price, health and advertising displays standards.
(a) To that end, the municipalities are hereby authorized to issue, deny, suspend, revoke, amend or modify the licenses required in this chapter for operating any itinerant business.
(b) Likewise, the municipalities may impose and collect fees or charges for issuing or renewing the license or authorization for operating itinerant businesses as required in this chapter, pursuant to the power conferred upon them in subsection (d) of § 4052 of this title. The municipalities may also fix and collect a periodic rent for the location and operation of an itinerant business in municipal roads, sidewalks and public facilities.
(c) Every municipality may also provide, through ordinance, the places in which the location and operation of itinerant businesses may be authorized, subject to the planning, territorial ordinance, traffic, health and public safety laws and regulations and others applicable. However, their location and operation in public roads known as toll roads, freeways, expressways and other roads is prohibited as determined by the Secretary of the Department of Transportation and Public Works pursuant to the applicable laws of the central and the federal governments.
The Office of the Commissioner of Municipal Affairs, in coordination with the Department of Commerce, shall advise the municipalities in all matters pertaining to the drafting and adoption of ordinances necessary to regulate the location and operation of itinerant businesses. The Department of Commerce shall provide orientation for those municipal officials and employees upon whom the responsibility of implementing the provisions of this chapter is delegated.
History —Aug. 30, 1991, No. 81, added as § 20.003 on Oct. 29, 1992, No. 84, § 103.