ACT

(December 26)

Official Journal No. 42.162 of 26 December 1995

242 of Act 1801 of 2016. Governs as of January 29, 2017 >

By means of which rules are dictated for the operation of commercial establishments.

THE CONGRESS OF THE REPUBLIC

DECRETA:

ARTICLE 1o. 242 of Act 1801 of 2016. Governs as of January 29, 2017 > No authority may require license or operating permit for the opening of commercial establishments defined in Article 515 of the Code of Trade, or to continue their activity if they are already exercising, or to require the fulfilment of any requirement, that they are not expressly ordered by the legislator.

ARTICLE 2o. 242 of Act 1801 of 2016. Rules as of January 29, 2017 > Notwithstanding the foregoing article, it is mandatory for the exercise of trade that establishments open to the public meet the following requirements:

a) Comply with all the rules regarding the use of the soil, auditory intensity, schedule. location and destination issued by the competent authority of the respective municipality. Interested persons may request the issuance of the concept of the same to the planning entity or who does their time in the respective municipal or district jurisdiction;

b) Meet the health conditions described by Law 9a of 1979 and other current rules on the subject matter;

c) For those establishments where musical works that cause payment for copyright are publicly executed, they will be required to pay vouchers issued by the legally recognized authority, in accordance with the provisions of the Law 23 of 1982 and other complementary rules;

d) Have current merchant registration of the Chamber of Commerce of the respective jurisdiction;

e) Communicate in the respective planning offices or. who does his or her times of the relevant territorial entity, the opening of the establishment.

ARTICLE 3o. 242 of Act 1801 of 2016. It governs from January 29, 2017 > At any time the police authorities will be able to verify the strict compliance with the requirements outlined in the previous article.

ARTICLE 4o. 242 of Act 1801 of 2016. As of January 29, 2017 > The mayor, who will do his or her times, or the official who receives the delegation, following the procedure outlined in the first book of the Administrative Code, will act with those who do not comply with the requirements provided for in Article 2or. of this Law, as follows:

1. Require it in writing so that in a term of 30 calendar days it meets the requirements that need to be met.

2. Impose successive fines up to the sum of 5 minimum monthly wages for each day of default and up to the end of 30 calendar days.

3. Order the suspension of commercial activities developed in the establishment, for a term up to 2 months, to comply with the requirements of the law.

4. Order the final closure of the trade establishment, if after 2 months of having been sanctioned with the measures of suspension, continues without observing the provisions contained in this Law, or when the fulfilment of the requirement is possible.

ARTICLE 5o. 242 of Act 1801 of 2016. As from 29 January 2017 > Public servants who require requirements not provided for or authorised by the legislator shall be subject to such a fact in serious misconduct, punishable under the provisions laid down in the Code. Sole Disciplinary.

ARTICLE 6o. 242 of Act 1801 of 2016. Governed as of January 29, 2017 > This Act governs as of the date of its enactment and repeals article 117 of the National Police Code, (Decree 1355 of 1970), the provisions to authorize or establish permits or operating licences for trade establishments and other establishments which are contrary to them.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santafe de Bogota. D. C.. at 26 December 1995.

ERNESTO SAMPER PIZANO

The Minister of Economic Development,

RODRIGO MARIN BERNAL.