Businesses in Magalluf, especially those in the nightlife sector, are demanding that new administrations undertake significant change to municipal bylaws and to the tourism of excesses law.
These businesses want to see an end to what they consider to be arbitrary application of regulations. This has led to a sense of discrimination between businesses inside the area of Magalluf which is covered by the tourism of excesses law and that which is not.
In Calvia, provisions of the law were specifically adopted by the town hall and added to municipal ordinance which already existed. It is argued that the coexistence ordinance allows the immediate closure of premises based solely on criteria applied by individual police officers. A lawyer engaged in fighting cases of this type says businesspeople have been left facing substantial financial losses because of the excessive powers granted to law enforcement officers.
What has been happening, it is said, is that businesses have been forced to close for a number of days, at the end of which, and after suffering financial losses, agreement is reached with the town hall's activities department that enables them to reopen.
The law, in certain respects, lacks adequate definition, and this has given rise to interpretation by police and inspectors. The most notable case of this has concerned the Stereo Temple club, which was closed because of the objectification of a female dancer. The tourism of excesses law prohibits objectification but doesn't specify what this constitutes. Hence, it is open to interpretation.
Alfonso Robledo of the CAEB restaurants association and Pepe Tirado of the Acotur association of tourist businesses believe that there must be reform of the law and of the way in which sanctions are applied. Tirado argues that there is a violation of the principles of Balearic activities law in that first offences are attracting large fines - 60,000 euros. Businesses are anticipating that up to 30% of their revenue will be for the payment of fines.