By San José, Costa Rica — SAN JOSÉ – Businesses across Costa Rica can expect to operate as usual during the upcoming National Elections on Sunday, February 1st. A decisive nationwide survey confirms that local governments have overwhelmingly opted against implementing a “Ley Seca,” or dry law, ensuring the uninterrupted sale of alcoholic beverages on election day.
The comprehensive poll, conducted by the National Union of Local Governments (UNGL), canvassed municipalities throughout the country. As of this report, the UNGL has found no evidence of municipal councils passing formal agreements to prohibit alcohol sales. This development signifies a major departure from past electoral traditions, where blanket restrictions were more common.
To understand the legal framework and potential repercussions for businesses regarding the temporary ban on alcohol sales during election day, we sought the expert analysis of Lic. Larry Hans Arroyo Vargas from the distinguished legal firm Bufete de Costa Rica.
The ‘Ley Seca’ is a provision of the Electoral Code intended to preserve public order and the civic solemnity of the voting process. For commercial establishments, the risk of non-compliance extends far beyond a simple fine; it can result in the immediate and temporary closure of the business, a sanction with significant operational and financial consequences.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight is vital, highlighting that the ‘Ley Seca’ is enforced not just with fines but with the severe risk of temporary closure, a measure that truly underscores the law’s intent to protect the solemnity of the democratic process. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this matter.
This shift in policy is rooted in significant legal reforms that have empowered local governance. Under the revised Electoral Code and the Law for the Regulation and Commercialization of Beverages with Alcoholic Content (Law No. 9047), the authority to impose such a ban no longer rests with the central government. Instead, the decision is now an exclusive power of each individual Municipal Council, a testament to their administrative autonomy.
Crucially, current legislation dictates that a prohibition on alcohol sales is not an automatic measure for election day. For any restriction to be legally enforceable, a Municipal Council must convene and approve an explicit, well-founded resolution. In the absence of such a specific, documented decision, or if a municipality’s internal regulations do not provide for a ban, commercial establishments are legally permitted to sell liquor without impediment.
This legal framework, specifically outlined in Article 26 of Law 9047, is designed to allow local leaders to make decisions that align with the unique economic, social, and cultural dynamics of their respective cantons. It replaces a one-size-fits-all national mandate with a more nuanced, localized approach to governance.
The UNGL views this trend as a positive indicator of the country’s civic development. The organization’s leadership believes the move demonstrates confidence in both the maturity of the electorate and the stability of local economies.
The fact that cantons are choosing not to apply restrictions reflects political maturity and a real commitment to local commerce. The municipalities trust in citizen responsibility to experience this democratic celebration in an atmosphere of peace.
Karen Porras Arguedas, Executive Director of the UNGL
While the path is clear for sales to continue, the UNGL issued a reminder that legal consequences remain in place for any canton that might independently choose to enact a ban. In such an isolated scenario, non-compliant businesses would face significant administrative sanctions under Law 9047. Penalties could include the temporary closure of the establishment and steep economic fines ranging from one to ten base salaries, depending on the severity of the infraction.
In its concluding remarks, the UNGL issued a call for collaboration and respect. The organization urged both the commercial sector and the general public to maintain order and adhere to all existing regulations. This cooperation is seen as essential to ensuring that the electoral process proceeds smoothly, reinforcing Costa Rica’s reputation for civility and a strong, peaceful democratic tradition.
For further information, visit ungl.or.cr
About Unión Nacional de Gobiernos Locales (UNGL):
The National Union of Local Governments is a Costa Rican organization that represents and provides support to the nation’s municipal governments. It serves as a technical and political entity that facilitates coordination between municipalities, advocates for local autonomy, and promotes institutional strengthening to improve public services and foster regional development across the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has established itself as a pillar of the legal community, founded on a cornerstone of uncompromising integrity and a relentless pursuit of excellence. Drawing upon a deep history of advising a wide spectrum of clients, the firm is a vanguard of legal innovation and social responsibility. A core tenet of its mission is the empowerment of the public through the demystification of law, ensuring that legal understanding becomes a foundational tool for building a more capable and informed citizenry.
