94 / 522
LRRTArt. 11/1 necessitates that 5% of the sale space must be allo-
cated to social and cultural activities. According to the second sub-
paragraph of the same provision, communal areas, such as emergency
medical intervention units, prayer rooms, baby changing units, and
playgrounds must be provided. In accordance with Provisional Article
1/7 of the Law, businesses that obtained the necessary permits prior to
the effective date of the Law must establish these stated communal
areas within one year starting from the effective date of the Law. It has
been envisaged that in the event of non-compliance, or upon a breach
of the first and second subparagraphs, administrative fines between
20,000 TL and 50,000 TL that corresponds to each square meter that
has not been duly allocated, will be, respectively, imposed.
Another innovation regarding shopping malls is that at least 5% of
the space of sale must be allocated to tradesmen and craftsmen, and at
least 3% of the sale space must be allocated to persons who conduct
rare businesses. It is stipulated that the stated spaces must be rented to
those persons provided for, above. According to subparagraphs 8 and
9 of Provisional Article 1 of the Law, upon a vacancy of sale spaces,
these spaces must be rented to tradesmen, craftsmen, and to persons
who conduct rare businesses until the stipulated percentage is reached.
According to LRRTArt. 18/e, in the event of a breach of the stated pro-
visions, administrative fines corresponding to the current market value
of each square meter that has not been duly allocated, will be imposed.
Additionally, it is stipulated that large stores or chain stores in which
fast-moving consumer goods are being sold must allocate a certain
amount of shelves for local products. According to LRRT Art. 18/f, an
administrative fine of 20,000 TL for each store or branch of the busi-
ness that is in breach will be imposed upon the non-conformity to this
provision.
Conclusion
The Law on Regulation of Retail Trade constitutes legal grounds
for retail businesses, and in particular, for shopping malls and outlet
stores. The Law sets forth provisions and obligations on both the pro-
tection of consumers, and on unfair competition. In accordance with
Provisional Article 1 of the Law, certain regulations will be promul-
gated within nine months, by the Ministry of Customs and Trade.
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NEWSLETTER 2015