Temporary closures of certain commercial establishments and premises
Considering the declaration of health emergency due to COVID-19, through Resolution 385 of March 12, 2020 and following the guidelines and recommendations of the World Health Organization, the National Government, through the Ministry of Health and Social Protection, through Decree 453 of March 18, 2020, has established the temporary closure of establishments and commercial premises for recreation and amusement, dancing, leisure and entertainment, and games of chance and betting, until the next fifteen (15) April 2020.
If the causes that gave rise to the enactment of this decree disappear, the validity of these measures may be until an earlier date; on the contrary, if the causes persist, the validity may be extended.
By means of the aforementioned decree, it is left open the possibility that commercial establishments and premises engaged in the sale of food and beverages, although they are closed to the public, may continue to offer their services through e-commerce or home delivery, complying with all sanitary measures in order to avoid the spread of COVID-19.
Failure to comply with these measures may result in the imposition of pecuniary and criminal penalties enshrined in Article 368 of the Criminal Code [1] and Article 2.8.8.1.1.4.21 of Decree 780 of 2016[2].
[Article 368. Violation of sanitary measures. Whoever violates sanitary measure adopted by the competent authority to prevent the introduction or spread of an epidemic, shall incur imprisonment from four (4) to eight (8) years.
[2] Article 2.8.8.8.1.4.21: Fines. The fine consists of the pecuniary sanction that is imposed to a natural or juridical person for the violation of the sanitary dispositions, by means of the execution of an activity or the omission of a conduct. Fines may be successive, and their total value may be up to a sum equivalent to 10,000 legal minimum daily wages in force at the time they are imposed.
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