Criteria for the establishment of a special retail outlet

This type includes retail outlets located in particular structures provided they have exclusive access from the host structure and do not have independent and direct entrances on the public road:

  1. railway stations;
  2. car and tram stations;
  3. maritime stations;
  4. airports;
  5. barracks;
  6. prisons;
  7. other places, other than those referred to in the previous paragraphs, in compliance with the parameters recognized for the establishment of ordinary retailer outlets (see "ordinary retail outlets" in the same section) and in particular:
    • bingo halls;
    • bars of hotels of significant size and importance;
    • public or private facilities which can only be accessed upon showing entrance cards or tickets;
    • underground stations;
    • hypermarkets, as structures belonging to a single entity, also organized in several premises or departments, in relation to the different product types, if there are shops authorized to supply food and drinks;
    • shopping centers, if from the preliminary investigation it is not feasible to establish an ordinary retail outlet and as long as there are particular needs to balance the relationship between supply and demand, in relation to the number of active and functioning shops and the substantial influx of the public to the mall.

How to open a special retail outlet

The application, to be drawn up by means of a deed with stamp duty mark affixed thereon according to the following scheme, can be presented at any time of the year to the Office of the competent agency for the territory, accompanied by the following documents:

  1. Sworn appraisal signed by a professional registered in the professional registers and containing:
    1. a representation of the reference area in 1/100 scale on A3 size paper;
    2. the mention of the proposed location and the three closest stores to it, as well as any licenses aggregated to these stores as resulting from the certification issued by the competent Office, to which a specific request must be made, with the relative distances calculated according to the shortest pedestrian path.
  2. Substitutive declaration of notary deed according to the following scheme must contain:
    1. the nature of the commercial activity or service provided;
    2. the existence of any tax pending and/or arrears towards the tax authorities or the collection agent definitively ascertained or resulting from unchallengeable sentences;
    3. for hypermarkets, the presence of shops authorized to supply food and drinks;
    4. for shopping centers, the number of active and operating businesses.

The applications thus presented and complete with the aforementioned documentation will be processed by the competent Territorial Office and the relative outcome will be communicated to the interested party.

In the event of a positive outcome, the assignees must pay the Agency a one-off sum of money determined by a collegial body established at the Central Office and must attend a training course for tobacconists provided for by art. 55, paragraph 2 quinquies, D.L. 78/2010.

Special resale at fuel distribution plants

Issue criteria and methods

The establishment of special resale in these types of locations is allowed in compliance with the criteria established for ordinary resale (see ORDINARY RESALE in this same section).

Furthermore, the yard must have a width greater than 500 square meters. and the closed room, different from those serving the distribution of fuels, where to allocate the tobacco shop, must have a minimum area of 30 square meters, increased to 50 square meters. if other activities are carried out there with the exception of those intended for the sale of chemical products, fuel oils and any other product in any case suitable for altering manufactured tobacco and their conservation.

Applications are submitted to the territorially competent Customs and Monopolies Office, drawn up according to the attached scheme, and accompanied by a sworn appraisal signed by a professional registered in one of the professional registers authorized for this and by the self-certification also attached.

In particular, the sworn report must contain:

  1. a representation of the reference area in 1/100 scale on A3 size paper;
  2. the indication of the proposed location and the three closest stores to it, as well as any licenses aggregated to these stores as resulting from the certification issued by the competent Office, to which the request must be made, with the relative distances calculated according to the shortest pedestrian path;
  3. a plan of the fuel distribution plant and of the premises intended for the sale of manufactured tobacco to the public.

The applications thus presented and complete with the aforementioned documentation will be processed by the competent Territorial Office and the relative outcome will be disclosed to the concerned party.

The assignee must pay the Customs and Monopolies Agency a one-off sum of money determined by a collegial body set up at the Central Office and must attend a training course for tobacconists provided for by art. 55, paragraph 2 quinquies, D.L. 78/2010, in the event of a positive outcome.

The request for the establishment of a special resale can be made at any time of the year, addressed to the peripheral office of the Customs and Monopolies Agency responsible for the area, specifying whether it is a special or seasonal special resale.