Fined for selling Absorbe Chups and the first thing he does is buy more
What good is a fine that no one is going to collect? A street vendor selling lollipops was fined for selling in public and his response was to go back to the wholesaler for more merchandise. There were no appeals, no lawyer, no confiscation: there was restocking. The video of the episode has been circulating for a couple of days and condenses in a few seconds the distance between the written rule and the economy that moves just below it.
A sanction against which there is nothing to seize
The most repeated reasoning is not sarracena, it is accounting. Without a payroll, without properties in his own name and without a declared account to scratch, the sanctioning file is born lame. It is argued that the fine is processed, attempts are made to notify it and it ends up sleeping the sleep of the just due to lack of executable assets. For the recipient, it is paper. For the issuer, too. The practical consequence is an uncomfortable asymmetry: the obligation exists, the capacity to enforce it does not always accompany it.
The real margin of a lollipop
The other half of the case is pure commercial calculation. A bag of 200 lollipops is bought wholesale for between 10 and 15 euros, which leaves the unit cost at 5 or 7 cents. Everything sold above that floor is margin, and that is why the stall is set up again the next day. The dark side of the model is measured in other units: food product at 40 degrees in full sun, without gloves, without traceability and without a valid cold chain. That cost saving is also a cost, only someone else pays it.
Who pays the difference: the business that does have a license
Some argue that the relevant comparison is not with abstract legality, but with the kiosk, the candy store or the station shop that does pay fees, insurance, rent and self-employed contribution to sell the same thing. The cost structure differential is enormous and explains why the informal model withstands almost any sanction that does not include confiscation of the merchandise. The parallel with home delivery appears on its own: another activity with thin margins, with delivery riders without employee status and a regulation that always arrives late. Training as an alternative —in Benalmádena courses were offered to the vendors on the promenade— has not moved anyone from their place.
The hour of action that ends up in wet paper
The complete sequence resembles a ritual: police mobilization, identification, sanction and back to square one. On the table there are proposals of all kinds: community service, courses, systematic confiscation of merchandise or, directly, the administrative route of expulsion. The underlying question —what to do with an activity that harms no one in the short term but erodes the rule— still has no operational answer.
In the end, the fine was processed, the candy was restocked and the stall peine again. One must recognize a virtue in the system: it documents with millimetric precision activities it does not intend to stop.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (61 replies).
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