What Article 153⁶ of the Administrative Offences Code covers
Article 153⁶ of the Code of Administrative Offences of Georgia establishes administrative liability for outdoor trading on the territory of the Tbilisi municipality without the corresponding permit. The norm is of local scope and applies only within the Tbilisi municipality. Its point is simple: trading in outdoor spaces without a permit is not allowed, and a breach of that rule is sanctioned — with a fine and with the confiscation of the object of the offence, that is, of the goods offered for sale.
The article is built of five parts, and the sanction grows stricter with the circumstances: disobedience, repetition and the use of a vehicle are each separate aggravating factors. The qualification of the case is therefore the first question that must be settled.
The basic offence and its sanction
The first part defines the basic offence: outdoor trading on the territory of Tbilisi without the corresponding permit. For this, a physical person and/or a legal person is fined 50 GEL, with confiscation of the object of the offence. The sanction thus has two components: a monetary fine and the taking of the goods.
Aggravating circumstances: disobedience and repetition
The second part addresses the same act where it is connected with disobedience to a lawful order or demand of an authorised person: the fine is then 200 GEL with confiscation, or administrative imprisonment for up to 7 days with confiscation. A note to the article explains what disobedience means: the failure to present an identity document or other identification data, or the failure to comply with a verbal instruction given to stop the continuing offence. The practical conclusion is straightforward: a conflict with an inspector sharpens the sanction from 50 GEL to 200 GEL or even to arrest.
The third part punishes a repeated commission of the act described in the first part with 300 GEL and confiscation. The fourth part sets a separate, much higher tier for the case where the trading is carried out using a vehicle, a trailer attached to it or any other mobile means: the fine is then 1,000 GEL with confiscation of the goods. Where such an act is connected with disobedience, the fifth part provides a fine of 2,000 GEL with confiscation, or imprisonment for up to 7 days with confiscation.