In an Extraordinary Session of the Plenary Session of Congress, the Governance, Legislation and Constitutional Points Commission, chaired by Juan Manuel Molina García, presented opinion number 61, regarding the initiative to reform various provisions of the Law for the Sale of Storage and Public Consumption of Alcoholic Beverages of the State of Baja California, presented on April 19, 2023, which was approved with 19 votes in favor.
As background, on April 19, 2023, the Governor of the State Marina del Pilar Ávila Olmeda and the Deputy Liliana Michel Sánchez Allende, appeared before the Office of Parties of this Sovereignty, an initiative to reform articles, 27, 28, 29 of the aforementioned law, as well as the addition of numerals 18 BIS and 18 TER to the same ordinance, in terms of strengthening security measures in bars, canteens or establishments dedicated to the sale of alcohol for consumption in that place.
It corresponded to Liliana Michel Sánchez Allende, reading the opinion before the highest jury, where she stressed that the main objective is to strengthen security measures in bars, canteens, or establishments dedicated to the sale of alcohol for consumption in that place, through regulatory and sanctioning administrative law.
In that, it establishes the obligation of the permit holders to have a video surveillance system with security cameras at all their entrances and exits, to report the possible commission of crimes committed in their establishments, parking lots and surroundings, including those that are informed by consumers, penalize those who fail to comply with these provisions with temporary closure or suspension of up to 45 days and when unauthorized armed persons are allowed access.
In the same way, they must establish panic buttons, install metal detector arches or portable detectors to control access, increase fines from 3 to 500 minimum wages, from 50 to 1,000 Units of Measurement and Update, and train the security personnel of the establishments by the Secretary of Citizen Security, who in turn through the Control, Command, Communication, Computing, Quality and Citizen Contact Center of the State of Baja California, will be the authority in charge of establishing the bases for the operation of the video surveillance.
Additionally, a transitional regime is proposed that grants the City Councils and the Secretariat of Citizen Security 60 calendar days to modify their regulatory provisions, guidelines and manuals, in accordance with the proposed reform, the foregoing due to the extreme urgency that it has caused and the cry of civil society.
It is considered extremely important to return to this type of regulations that are considered not only correct, but suitable and adequate for fines that are specifically intended to combat crime in nightclubs and bars, as well as in the case of committing crimes, facilitating the investigation of the possible commission of crimes, and immediate attention to the alleged criminal act, trying at all times to save the lives of the consumers and workers of the establishments.
Juan Manuel Molina García and Daylín García Ruvalcaba, presented a reservation in particular, regarding article 18 BIS, contained in the first operative part of opinion number 61, to propose an adjustment where it was established that in addition to the obligations set out in the previous article, the permit holders whose main activity is mainly the sale of alcoholic beverages in open containers or for consumption on the premises, must comply with the established obligations.
This decree will enter into force 90 days after its publication in the Official Gazette of the State of Baja California. The persons bound by these reforms must make the necessary adjustments to their establishments or lines of business to comply with them within said term.