The Governing Council gives the green light to the new sanctioning regime for public establishments, shows and recreational activities
The Governing Council gave the go-ahead this Thursday, at the proposal of the Ministry of the Presidency, Tourism, Culture and Sports, to the Decree-Law on urgent measures regarding the sanctioning regime of public establishments, public shows and occasional or extraordinary recreational activities in the Region of Murcia.
The new sanctioning regime updates and unifies the regulations on the matter and will be applicable to establishments, shows and activities carried out without a qualifying title, which fail to comply with its terms, exceed its limits or break the prohibition or suspension ordered by the competent authority.
The approved decree-law especially increases the intervention and control of public establishments dedicated to gambling and betting shops. Thus, non-compliance with the hours for the opening and closing of gambling establishments and specific betting premises (with fines of up to 30,000 euros) is classified as a serious infringement, considered by the previous legislation as a minor infringement.
For the rest of the establishments, opening or closing outside the established or authorized hours is considered a minor offense.
The new legal framework, according to the regional government, “provides legal certainty in the application of sanctions to behaviors that could endanger the safety of those attending recreational activities and public shows and that can deter the eventual performance of these risk behaviors. ».
The approved decree-law consists of 16 articles, which are structured in five titles, and a derogatory provision and a final provision, and must be validated by the Regional Assembly within a period of 30 days from its promulgation.
The new norm unifies in a single text the entire sanctioning regime in this matter. Consequently, Law 9/2016, of June 2, on urgent measures regarding public shows is repealed and the regulation provided for in Law 2/2017, of February 13, on urgent measures for the reactivation of the business activity and employment through liberalization and removal of bureaucratic burdens. The latter regulates the system of prior control of the shows and the general requirements, but had not foreseen the legal system applicable to possible breaches of these obligations.
TYPES OF VIOLATIONS
In this way, very serious infractions are considered, among others, the celebration of public shows without a qualifying title, breaching their terms, exceeding their limits or breaking the prohibition or suspension ordered by the corresponding authority, when there has been damage or serious damage to the environment or the safety or health of people has been seriously endangered.
Devoting establishments, venues or facilities to activities other than those for which they were intended, carrying out a show or recreational activity other than the one enabled, and incurring in inaccuracy, falsity or essential omission of the data or documents that must accompany the corresponding declaration of responsibility or request for prior administrative authorization.
In the same category is the lack or lack of validity of the civil liability insurance contract and the behaviors that may cause disturbances of order or create situations of danger for the attending public, participants, organizers and workers, artists, third parties affected and assets, as well as their permissiveness, without prejudice to their criminal liability.
A very serious offense is also considered to be the commission of a serious offense when the offender has been sanctioned by a final administrative decision, within a year, for two or more serious offenses of the same nature.
On the other hand, the previous behaviors will be serious infractions provided that there has been no serious damage or deterioration to the environment or the safety or health of people has not been seriously endangered. Non-compliance with the opening and closing hours established for gambling halls and specific betting premises also shares the same consideration, while for the rest of the establishments the same infraction maintains the category of minor.
Among the minor infractions is also the lack of posters or advertisements whose exhibition to the public is mandatory when their sanction is not foreseen in the sectoral regulations, the lack of respect of the spectators, assistants or users to the executing personnel, organizers and owners, employees of these and the rest of the public or vice versa during the development of the public spectacle or occasional or extraordinary recreational activity.
Likewise, this category includes the lack of cleanliness and hygiene in public establishments and facilities in which the activities are held, the use of indicators or labels that mislead about the activity or show, not collaborating in the exercise of functions of inspection and the opening or closing of establishments outside the established or authorized hours.
FINES OF UP TO 300,000 EUROS
The commission of a very serious infraction will be sanctioned with a fine of between 30,001 and 300,000 euros, the commission of a serious infraction, with a fine of between 1,501 and 30,000 euros, and the commission of a minor infraction, with a fine of between 300 and 1,500 euros.
In addition, the temporary suspension of licenses or authorizations or permits may be imposed, up to one year in the case of serious infractions and up to three years in cases of very serious infractions, as well as the closure of premises or establishments, up to one year in the case of infractions. serious and up to three years in cases of very serious infractions.
Disqualification from carrying out the same activity in which the infraction was committed is also foreseen, up to one year in the case of serious infractions and up to three years in cases of very serious infractions and even the revocation of the license or authorization in serious cases of recidivism. of suspension and closure.
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