The Sector Economy and Tourism, consisting of the Departments of Economic Policy and Research (DEPR), Permits and Licenses, Public Vending and Economic Control (VOSEC), and Control, Inspection and Security (CIB), held a workshop to deal with the implementation of Residential Economic, Vending, and Beach policies.
The training which took place at the UTS Training Center was to inform the controllers, inspectors, front- and back-office employees of the specific changes and new regulations.
The topics were opening hours, residential economic policy, land usage conflict, complaints, guidelines for the issuances of licenses, business activities prohibited in residential areas and those businesses allowed in residential areas, guidelines for controllers and inspectors, penalty structure, problem outline in the areas of vending and beach policy, and guidelines for issuance and control of vending licenses, approval for stationary permits, beach activities guidelines, vending licenses guidelines, and the board walk policy.
Business hours are extended on Thursday to 9pm and all businesses, unless otherwise restricted, are eligible to apply for extended opening hours on Sundays and days equal to Sunday from 11am to 3pm.
Business activities prohibited in residential areas (and only allowed in commercial areas):
· Bars
· Restaurants with music
· Discos and Nightclubs (entertainment establishments)
· Carwashes
· Automobile garages & salvage junkyards
· Adult entertainment
· Any other establishment that creates public nuisance
Business activities allowed in residential areas:
· Administrative offices
· Medical offices
· Spa facilities
· Day care facilities (pre-schools)
· Assisted living facilities (nursing homes, group homes and orphanages)
· Professional offices, such as but not limited to:
o Architectural firms
o Law firms, notaries, insurance companies, trust & management companies
o Accounting
Businesses are active when following ‘burden of proof’ is submitted at VOSEC:
· Documentation that business has paid SVB/BTP w/in last 3 months
· Copy of Wage Tax of last 3 months (employees)
· Copy of stamped monthly TOT documentation from Federal Receiver (3 months)
· Copy GEBE bill incl. receipts from last 3 months-> address business must correspond with address on GEBE bill
· Copy of business license
Underneath are some regulations regarding the operations of Businesses, namely:
· Businesses with unrelated activities are not eligible to establish at same location;
· Establishments that require a hindrance permit will not be issued a license w/in residential areas;
· It is prohibited for property owners, landlords, and renters, businesses and vending permit holders to allow their property, establishment or place of business to be used for noisy or unruly assembly (per article 46 of the APK St Maarten)
· Business licenses will not be granted in contradiction to the land usage as specified in Deed.
The following actions and penalties will be imposed on offenders:
— Scenario 1: In case the establishment has required documentation
÷ 1st and 2nd violation : written warning
÷ 3rd violation: closure for 1 week
÷ 4th violation: closure for 1 month
÷ 5th violation: closure for 3 months
÷ 6th violation: revocation of license
÷ Scenario 2: If establishment doesn’t have required documentation, the penalty is immediate closure until all documents are in order. In case the documentation is in process, a letter by VOSEC needs to be shown as proof.