What are the grounds for a business closure fine?

Unfortunately, businesses in Mexico can be suspended by the authorities either temporarily, partially, totally or permanently in a mercantile establishment or for lucrative purposes.

Today we will tell you the causes for which the authority can close or fine your business:

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• Not having an operating license. If your business operates without a license, or it has lost its validity, the authority could close your business.
• Not have opening statement.
• Exceed the surface of the establishment. Whether with its construction or with the furniture, which obstructs the street and does not have permission to do so.
• Failure to comply with civil protection guidelines. To operate your business you must comply with the requirements of the civil protection program, otherwise you could be fined and/or closed.
• Sell tobacco products and alcoholic beverages to minors.
• Carry out an activity other than that authorized in the operating license, or in the opening statement. Likewise, if changes are detected in the operating conditions of the establishment or premises.
• Failure to respect operating hours, or failure to comply with activity restrictions (as in the case of “dry law”).
• Not having parking spaces corresponding to the business, this in businesses where such provision applies.
• Establishments that put the health and safety of people or public order at risk.

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In case a verifier visits your business, you must have a verification order specific to your premises, otherwise you may refuse the inspection. This order must have the name of the premises, address, date of issuance with business day and time for the review, name of the owner of the business, reason for the visit, name of the verifier and this person must be identified with an official credential.

In the event that the review proceeds and the closure is proposed, the authority must prepare a report detailing the circumstances, causes and defense options, which may be:

• A writ where documentation is presented to demonstrate that the business complies with the requirements to operate, and request that they be given the opportunity to complete what they have failed to comply with or remedy the damages.
• To file an amparo or nullity lawsuit to demand that the closure and the fine be invalidated, and that the business can continue operating normally.

It is important to mention that the suspension of the business will have full validity while the lawsuit is pending.

At LEX & CO we know that the closure and fine of a business can cause very serious economic damages, that is why we have a team of lawyers that can assist you in this matter.

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For more information and advice on the subject, bail collection, extrajudicial collection, claim action or foreclosure, call us at 5568401076, send us an email to firma.lex.co@gmail.com, write us through our contact form or WhatsApp.

Lic. Carlos Figueroa Rodríguez

Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving insurance claims and medical malpractice. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.