Winemakers will be able to process an operating license virtually: how to obtain it?

Attention, winemakers! The Ministry of Production (Produce) published last Thursday, February 15, in the legal regulations bulletin of the newspaper El Peruano, supreme decree 003-2024, which allows them to carry out their procedures to obtain the provisional operating license through the virtual means available to the municipality where they reside.

This rule, which modifies the regulations of Law 30877, General Law of Winemakers, is in line with the legal device that Congress approved in 2023, in order to simplify the procedure to promote their formalization as microentrepreneurs. Below, review how to process this operating permit and what the requirements are to access it.

Process for operating license will be virtual: what are the modifications?

According to article 19 of supreme decree 003-2024, the provisional operating license that winemakers must process is valid for 12 months computed from the date of presentation of the requirements to the local government’s document reception unit, whether physically or virtually.

In this sense, local governments can enable the electronic processing of the administrative procedure to obtain this permit through their digital offices. It is worth mentioning that this permit is granted automatically, free of charge and one time only, subject to compliance with the zoning and compatibility of corresponding use.

What steps should wineries follow to process the operating license?

In accordance with article 21 of the supreme decree issued by Produce, winemakers must carry out this procedure to grant the provisional operating license:

• Present the documents required by each district or provincial municipality, in its jurisdiction.
• The local government will have a maximum period of four business days, counted from the day after the application is submitted, to issue the provisional operating license.
• The notification will be effective within five business days.
• The local government must notify the owner of the warehouse of the date of the technical building safety inspection, which is mandatory, within a period not exceeding six months after the resolution of the provisional operating license is notified.
• If the local government does not find observations or they have been corrected, proceed to issue the provisional operating license.

What are the requirements to obtain an operating license?

According to the regulations of Law No. 30877, winemakers must present these requirements for the granting of the provisional operating license:

• Application for a Provisional Operating License: it must be in the nature of a sworn declaration and contain data such as registration area, item, entry of the corporate purpose, shareholders and legal representative; establishment location information.
• Affidavit of compliance with the safety conditions of the warehouse, in accordance with the provisions of the Ministry of Housing, Construction and Sanitation.
• The provisional operating license is only granted to wineries that carry out their activities in a total area of ​​no more than 50 square meters.
• Said business must be located on the first or second floor of the place and must have a view of the street to facilitate access for people.