They approve a rule to avoid arbitrary closures of businesses by municipalities

They approve a rule to avoid arbitrary closures of businesses by municipalities

He Congress Plenary approved yesterday with 87 votes in favor, 22 against and 9 abstentions bill 4952, which modifies the ‘Operating license framework law to regulate cases of closure of establishments’.

The purpose of the standard is to establish the legal framework of the provisions applicable to the procedure for granting the operating license issued by the municipalities, as well as the cases of temporary or permanent closure of establishments.

In this sense, it establishes that the temporary closure of an establishment proceeds as a preventive measure when the existence of an imminent danger to the life, health, property or safety of people is established that cannot be corrected in the inspection itself.

Furthermore, it occurs in the event that the owner does not have an operating license or the technical inspection certificate for building safety (ITSE), unless the renewal is in process, in accordance with the corresponding regulations.

This measure will also be applied if the establishment carries out a business other than that for which it has been authorized or if the activity of the establishment generates odors, smoke, noise or other harmful effects on the tranquility of the neighborhood, as long as they exceed the ranges established by the regulations. laws of matter.

Will avoid arbitrary closures

The decision of the national representation was well received by various microbusiness associations, such as the Gamarra Peru Business Association (AEGP), which assured that this rule will prevent district municipalities from applying arbitrary and unjustified closures to the commercial establishments of this commercial emporium. and other economic sectors of the country.

“This is a law that was created with the support of Congressman ‘Nano’ Guerra García and the main business associations of the country of Gamarra, Mesa Redonda, bakers, winemakers, among others, and it puts a stop to many abuses of those of us who are part of Peruvian entrepreneurs are victims,” said Susana Saldaña, president of the AEGP.

Likewise, he explained that, in Gamarra, during 2022, at least 50% of the galleries were unjustly closed, and a store or stand loses around S/3,000 per day of commercial inactivity. In a gallery with approximately 200 stores, the daily loss amounts to S/500,000.

Finally, he pointed out that the legal device does not reduce or revoke municipal oversight powers and urged the Executive to enact the law as soon as possible.

“President Dina Boluarte has in her hands the possibility of giving predictability to the work of municipal officials, because this rule clearly establishes the causes of closure. If she observes the autograph, she will be turning her back on the Peruvian mypes, which, as she herself has recognized, are 99% of the business units in the country and generate 80% of employment,” she remarked.

Source: Larepublica

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