April 6, 2024
Today´s Paper

Tourism Companies Triumph Over “Anti-Tobacco” Regulations in Tulum

TULUM, Quintana Roo – At least 14 tourism operators, including hotels, restaurants, and recreational sites in Cancun, Playa del Carmen, Cozumel, Isla Mujeres, and Tulum, have emerged triumphant in their battle against the implementation of the “Anti-Tobacco” Law in Quintana Roo. These companies have successfully obtained favorable judgments through protective writs, challenging certain provisions of the General Law for Tobacco Control Regulations that restricted their ability to provide food, beverages, and entertainment services exclusively for smokers.

The legal challenge focused on multiple articles that introduced amendments and additions to the existing regulations, which were published in the Official Gazette of the Federation on December 16, 2022.

Among the companies that achieved favorable outcomes is the Administradora de Bares Avito, S.A. de C.V., known for operating nightlife establishments in Cancun, Playa del Carmen, and Tulum. Their victory came in the form of protective judgment 31989609 issued by the Eighth District Court on May 31 of this year.

Similarly, Golf de Mayakoba, S.A. de C.V., secured protection through constitutional guarantees in the 32167210 amparo trial. This ruling exempts them from the application of restrictions in two golf courses, two restaurants, an events and banquets venue, as well as a bar situated in their facilities located in the municipality of Solidaridad since May 31 of this year.

The constitutional protection was also granted to Desarrollo Flamenco Riviera, S.A. de C.V., a company associated with Miguel Quintana Pali and the Constandse brothers, Marcos, Óscar, and Carlos, as reported in the Electronic Mercantile Folio 8668 of the Quintana Roo Public Registry of Commerce. The amparo 32158846 ensured protection for eight establishments that hold 15 operating licenses, encompassing restaurants, room services, and accommodation sites in Cancun, Cozumel, and Solidaridad.

Tourism Companies Triumph Over

Additionally, Puerto Aventuras 2020, through the 32190833 trial, secured protection from the Union for 16 operating licenses, including 13 restaurants, two hotels, and a massage service within the tourist zone of Solidaridad.

Furthermore, favorable rulings were pronounced by the Ninth District Court for restaurants belonging to the Grupo Anderson’s. Notably, Fred’s Cancún, S.A.P.I. de C.V. obtained legal protection through case 32040873, and Restaurante Porfirio’s Cancún, S.A. de C.V. secured protection in trial 32142017.

Similarly, the Fifth District Court rendered a verdict in favor of Playa Maroma Inmuebles, S.A. de C.V. in case 32188681. This company operates seven “Secrets” hotel brands in Isla Mujeres, Cancun, and Cozumel.

Another significant outcome was witnessed in the case 32140884, in which Grupo Posadas, S.A.B. de C.V., the operator of hotels such as Live Aqua, Fiesta Americana, Grand Fiesta Americana, and Fiesta Inn, among others, was granted protection on March 14 of this year.

Hermes Desarrollos Turísticos, S.A. de C.V., an operator of hotels, secured a similar judgment in case 32200084 from the Ninth District Court on May 11.

The legal protection encompasses 20 licenses for the sale and consumption of alcoholic beverages, 51 operating licenses, and 28 renewal requests for restaurant licenses, cafes, and accommodation establishments.

Tourism Companies Triumph Over

Cancún Reef Services, S.A. de C.V., an enterprise specializing in company administration, also attained legal protection through the 32040873 amparo from the Ninth District Court. Likewise, Promotora Punta Nizuc, S.A. de C.V. (32140910), Playa Maroma Inmuebles, S.A. de C.V. (32188661), and another case with file number 32140884 received similar verdicts from the Fifth District Court.

All the aforementioned judgments exempt the claimants from both present and future application of articles 60 and 65 Bis of the aforementioned Regulations, among others.

The judges ruled that the federal government exceeded its authority in drafting the content of the said Regulations, going beyond what was stipulated by the Legislative body in the General Law for Tobacco Control. They determined that certain aspects introduced were not envisaged in the legal provisions, thereby undermining the principle of hierarchical subordination and infringing upon the fundamental rights of the protesting corporate entities.

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