BACKGROUND
The Government of the State of Chihuahua and the State Ministry of Health published in the Official State Gazette of October 22, 2020, 3 decrees containing NEW RULES TO FOLLOW UPON RETURNING TO THE COLOR RED, IN THE SCALE OF THE ECONOMIC REOPENING.
The new rules that must be followed while Ciudad Juárez remains coded as red, are the following:
Decree 120/2020, SS/SEM/012/2020, which provides that the following essential activities may continue working as specified therein:
Health, medical and dental practices, agriculture, public works, children's daycares, basic services, food, mining, construction, companies and businesses aimed at meeting the demand for goods and services related to the manufacture, sale and distribution of inputs and stationery and teaching materials; uniforms, backpacks and other school supplies; electronic data calculation and processing devices such as tablets, computers and calculators; as well as the activities developed by publishers and bookstores, can continue to operate at 100% capacity, provided that all preventive measures are followed and adequate distance between individuals is kept.
Aerospace and automotive manufacturing can continue to operate with 60% of the maximum number of employees recorded with the Mexican Institute of Social Security (“IMSS”) during 2020, distributed in the different shifts. In the case of start-ups, their operating capacity and number of employees will be considered.
Therapeutic rehabilitation and care services for people with disabilities and disabling diseases (Public, private and civil society organizations), can continue to operate at 100% capacity, with post-care sanitization and no waiting room, by appointment only.
Self-service shops may continue to operate at the following rates:
NON-ESSENTIALS:
Industry: may continue to operate at a capacity of 30%, provided they take preventive measures and implement adequate distance policies.
Hotels: may continue to operate with a capacity of 15%, without the use of common areas, provided they take preventive measures and implement adequate distance policies.
Government care services and essential administrative offices (including Public Property Registry and Civil Registry): may continue to operate at 100% capacity, provided they take preventive measures and implement adequate distance policies.
Non-Essential Government service and administrative offices: can continue to operate at a 30% capacity, provided such activities do not entail direct contact with the public.
Restaurants: Closed to the public, operating only with takeaway service and /or home delivery.
THE FOLLOWING ACTIVITIES CANNOT CONTINUE TO OPERATE:
Libraries, bars; nightclubs; restaurant bar area; restaurants whose main activity is the sale of beer, wines or spirits, event rooms, casinos, spas, barber shops or beauty salons, mobile and semi mobile shops, shops within shopping centers, museums, theaters and cultural centers, enclosed sports centers (gyms), churches, worship centers and temples, cinemas, parks, squares, ecotourism areas, open sports centers, mass events (enclosed and outdoor) and swimming centers, private events, civil associations, visits to jails (no conjugal visits), visits to adult day cares and asylums, schools and academies.
Decree SS/SEM/012/2020: Two regions are established to determine the stage of the sanitary color coded region, Region 1 corresponding to Juarez and Region 2, corresponding to Chihuahua. It is determined that both regions remain coded as red for as long as the agreement is in force. The activities that may be carried out are established in Annex 1 to Decree No. 102/2020 (Strategy for the reopening and continuity of social, educational and economic activities in the State due to the pandemic caused by COVID 19), published in the Official Gazette of the State on August 10, 2020, amended by decrees 109/2020 and 120/2020. All 3 decrees are mandatory.
Agreement of the General Ministry of Government of the State of Chihuahua published on October 22, 2020:
1. Hours of sale of alcoholic beverages in closed packaging, throughout the state, will be from 09:00 to 18:00 hours, Monday through Wednesday.
2. The sale of alcoholic beverages in closed packaging is prohibited, throughout the state, on Thursdays, Fridays, Saturdays and Sundays.
3. The closure and suspension of activities is ordered, on the dates and times when the sale of alcoholic beverages is restricted, from the following types of businesses and establishments referred to in article 41 of the Law on State Alcohols:
Boutiques, deposits, and liquor stores.
Compliance with the provisions of this Agreement shall be monitored by the municipal authorities within the scope of their jurisdiction, and by the General Ministry of Government throughout the State; non-compliance shall be punishable by the temporary or definitive closure of the establishment, revocation of the license or of the corresponding permit.
CONCLUSION
As a result of the high mobility that has developed in recent weeks by citizens, COVID 19 has increased in its spread. Therefore, the State authority has adjusted the strategy of economic reopening, with the intention of severing the increase in people's mobility to contain the growth in the number of people infected. It should be noted that it has a new proposal regarding the economic activities that may continue to operate, even though we are color coded red. This is of paramount importance because the non-essential industry can continue to work at a capacity of 30%.
Finally, we can conclude by stating that it is very important to take into account all the new provisions issued by the State government in order to know the type of companies and under which regulations they may continue to operate , in order to avoid being subject to administrative sanctions.
At Toulet & Gottfried we can provide you with the appropriate advice on this and any other legal issues.
(656) 627.0000 / US direct line: (915) 613.0192 www.toulet-gottfried.com