On October 28 of this year, Law No. 31914 was published, which amends the Framework Law on Operating Licenses ("Framework Law").
This new law expands the purpose of the Framework Law by providing for the temporary or definitive closure of establishments.
This new Law indicates that the municipality may order the temporary or definitive closure of modules, stalls or stands of food markets, shopping malls and shopping centers, in case their owners incur in administrative infractions, whether they have an individual or corporate operating license.
Likewise, this new law incorporates new definitions of Closure, Definitive Closure, Temporary Closure and Imminent Risk.
With respect to the cases in which a temporary closure of establishments would be appropriate, the new Law indicates the following:
- As a preventive measure, when the existence of an imminent danger to life, health, property or the safety of persons is detected, which cannot be rectified during the inspection itself.
- The owner does not have an operating license.
- The holder does not have ITSE, unless the renewal is in process.
- The establishment carries out a line of business other than that for which it has been authorized.
- The activity of the establishment generates odors, fumes, noise or other harmful to the tranquility of the neighborhood, as long as they exceed the ranges according to law.
It should be taken into account that when the establishment has independent areas or differentiated accesses, the temporary closure only applies to the area that generates imminent risk, without affecting the operation of the rest of the establishment, and the temporary closure is extended until the observations are corrected.
In addition, it includes the cases in which a temporary closure is inappropriate:
- Administrative regulations that do not represent an imminent risk to the life, health, safety or property of persons are violated.
- When circumstances exist that can be remedied during the inspection or when they have disappeared at the end of the inspection.
On the other hand, it is specified that the definitive closure only proceeds as a measure of administrative sanction at the end of an administrative sanctioning procedure in accordance with the Administrative Procedure Law.
Likewise, this new law incorporates in the Organic Law of Municipalities, Law No. 27972, that the sanctions applied by the municipal authority may include fines, revocation of authorizations or licenses, closure, confiscation, retention of products and furniture, removal of non-compliant elements, paralyzing works, demolition, vehicle impoundment, immobilization of products and others.
Finally, it is hereby stated for the record that the Executive Branch has a maximum term of 30 calendar days to adapt the provisions of the Framework Law, without prejudice to the entry into force of this law, which occurred on October 29 of this year.
Team
