Control Law To The Sale And Consumption Of Alcoholic Beverages.

Original Language Title: LEY DE CONTROL AL EXPENDIO Y CONSUMO DE BEBIDAS ALCOHÓLICAS.

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law no 259

LAW OF JULY 11, 2012

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has Sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

LAW OF CONTROL OF THE EXPENDIUM

AND CONSUMPTION OF ALCOHOLIC BEVERAGES

CHAPTER I

GENERAL PROVISIONS

ARTICLE (OBJECT). This Law is for object regulate the sale and consumption of alcoholic beverages,

the actions and instances of prevention, protection, rehabilitation, control, restriction and prohibition, establishing the penalties for non-compliance with them.

ARTICLE 2. (REACH). The provisions contained in this Law are mandatory compliance

for all natural or legal persons, who manufacture, market, advertise, import or consume alcoholic beverages in the territory of the country.

ARTICLE 3. (COMPETITIONS). The National Government through the Ministries of Health and Sports,

Government, Education, Communication and other entities of the Executive Body, as well as the Bolivian Police, in coordination with all the Autonomous Territorial, in the field of its competencies, will apply the provisions of this Law.

CHAPTER II

EXPENSE AND CONSUMPTION OF ALCOHOLIC BEVERAGES

ARTICLE 4. (OPERATING LICENSE OR AUTHORIZATION). Any natural or legal person

who commercializes alcoholic beverages to the public, must obtain the Operating License or Authorization, as

corresponds, granted by the Municipal Autonomous Governments.

ARTICLE 5. (EFFECTS OF THE OPERATING LICENSE). The Operating License

granted by the Municipal Autonomous Governments, will have effects only for the establishment, its holder, and the authorized building, not being able to extend the license object to another different activity for which it was originally granted.

ARTICLE 6. (PROHIBITIONS ON OPERATING LICENCE). It is prohibited to grant operating licence for the purpose of the sale and consumption of alcoholic beverages by the Autonomous Municipal Governments to the establishments located in the country. located in the distance and conditions defined by regulations expressed by the Autonomous Municipal Governments, educational, sports, health and other infrastructures established by the Autonomous Municipal Governments in regulation specifies.

ARTICLE 7. (OPERATING LICENSE TERM). The Operating License,

will be valid for two years from the date of its granting, and can be renewed according to specific regulations of each Autonomous Municipal Government, not existing the tacit renewal.

CHAPTER III

ALCOHOLIC BEVERAGE ADVERTISING CONTROL

ARTICLE 8. (RESTRICTION TO ADVERTISING CONTENT). The content of all advertising for

alcoholic beverages, must be subject to the following restrictions:

1. Not including persons under 18 years of age.

2. No inciting or inducing consumption of alcoholic beverages, suggesting that their consumption promotes intellectual, social, sports, or sexual success.

3. Do not use cartoon characters.

4. Do not issue alcohol advertising on the hours of 06:00 to 21:00 hours.

ARTICLE 9. (WARNINGS).

I. The alcoholic beverages that are manufactured, imported, and marketed in the Plurinational State of Bolivia and the

advertising that is carried out on them, must announce the following warnings:

?EL EXCESSIVE ALCOHOL CONSUMPTION IS HARMFUL TO HEALTH?

?PROHIBITED SALE TO UNDER 18 YEARS OF AGE?

II. These warnings must be printed or attached, in a space not less than ten percent (10%) of the label or

mark of the product containing the alcoholic beverage and/or advertising elements in capital letters,

III.

III.

III.

III.

III. The establishments that expend alcoholic beverages must place the required warnings in a visible, large and legible place

.

IV. Advertising messages for alcoholic beverages, written or printed, which promote alcoholic beverages, must bear the label or warning message provided for in paragraph I of this Article.

V. Advertising of alcoholic beverages in audiovisual media or

CHAPTER IV

PROMOTING HEALTH, PREVENTION

TO CONSUMPTION AND REHABILITATION

ARTICLE 10. (PROMOTION AND PREVENTION MEASURES). The National Government, the Entities

Autonomous Territorial and the Public and Private Institutions; they will implement measures to promote the health and prevention of the consumption of alcoholic beverages in the scope of their competencies, pointing out in an enunciative and non-limiting manner:

1. To incorporate in its strategic planning of development and its annual operational programming, activities of health promotion and prevention Consumption of alcoholic beverages with a comprehensive, inter-sectoral and intercultural; which means the mobilization of the family and the community; according to the Intercultural Community Family Health policy.

2. Promote the design and implementation of institutional prevention policies and programs

3.

3.

To coordinate with higher education institutions through the system of the Bolivian University and the Ministry of Education, the development of programs special prevention and control of the consumption of alcoholic beverages, in the multi-national educational system.

ARTICLE 11. (ATTENTION AND REHABILITATION MEASURES). The Autonomous Territorial Entities,

Public and Private Institutions will implement the following community-based care and rehabilitation measures:

1. Health Services Networks and the Specialized Therapeutic Communities, in terms of the capacity to respond to and care for health personnel, as far as the treatment of the dependency is concerned

to alcohol.

2. Promote the strengthening of specific rehabilitation institutions, based on the community through the formation of self-help groups.

3. Design and implement programs, projects and actions aimed at rehabilitation and reintegration into their family, community-social, and above all working and/or educational, through psychosocial and psychopedagogical centers.

CHAPTER V

CONTROL MEASURES

ARTICLE 12. (CONTROL). All establishments that expend, manufacture, import and market

alcoholic beverages, shall be subject to periodic inspection and inspection by the Autonomous Territorial Entities in coordination with the Police. Boliviana, in the field of its competencies.

ARTICLE 13. (CONTROL OF EXPENSE OF ALCOHOLIC BEVERAGES).

Legal persons

dedicated to the sale of alcoholic beverages, shall provide the cooperation, collaboration and timely and immediate access to their facilities, to the controls exercised by the Autonomous Territorial Entities in coordination with the Bolivian Police, not being able to limit their access or to allege a search or lack of judicial order for their entry; under the sanction established in this Law.

ARTICLE 14. (CONTROL IN THE MANUFACTURE AND IMPORT OF ALCOHOLIC BEVERAGES).

Natural or legal persons engaged in the manufacture and import of alcoholic beverages must comply with all health records.

The Ministry of Health and Sports, and the Ministry of Rural Development and Lands, through the National Service of Agricultural and Food Safety-SENASAG, in coordination with the Autonomous Territorial Entities, will supervise at any time the fulfillment of the health standards and records, in the manufacture and import of beverages alcohol. In the event of the public force being required, the Bolivian Police will cooperate with the control tasks.

III. If the non-compliance with the established manufacturing standards and/or import rules is evidenced, they will be

subject to penalties provided for in the Act.

ARTICLE 15. (CONTROL IN THE MARKETING OF ALCOHOLIC BEVERAGES).

I. Natural or legal persons engaged in the marketing of alcoholic beverages must

subject their sale to the prohibitions set forth in this Law and current regulations.

II. Violation of this Law, corresponding sanctioning measures shall apply.

CHAPTER VI

BAN MEASURES

ARTICLE 16. (PROHIBITION MEASURES ON THE SALE AND CONSUMPTION OF BEVERAGES

ALCOHOLIC). These are measures to prohibit the sale and consumption of alcoholic beverages all those that are regulated in this Law and others determined by the Municipal Autonomous Governments, in order to protect the health and safety of all the people of the Plurinational State of Bolivia.

ARTICLE 17. (PROHIBITION ON THE TIME OF SALE AND CONSUMPTION OF BEVERAGES

ALCOHOLIC).

I. The expendium and consumption of alcoholic beverages is prohibited from 03:00 am. until 09:00 am. in public access

establishments and private clubs.

II. On the rest of the day the alcohol beverage must be subject to the restrictions established by the governments

Municipal Autonomous specific regulation.

ARTICLE 18. (BANS ON THE SALE AND MARKETING OF BEVERAGES

ALCOHOLIC). Natural or legal persons are prohibited from expending and marketing alcoholic beverages in the following cases:

1. On public use, except for specific authorization for the sale of alcoholic beverages, granted by the Municipal Autonomous Governments to persons who have as their principal and habitual activity the sale and marketing of alcoholic beverages.

2. public spaces for recreation, walking and in establishments intended for shows and practices

sports.

3. In Health and Plurinational Educational Systems, including University Prediums, both public and private .

ARTICLE 19. (BANS ON CONSUMPTION OF ALCOHOLIC BEVERAGES).

I. The consumption of alcoholic beverages to everyone is prohibited, in the following cases:

1. On public use.

2. In public recreation, ride and sporting events.

3. In public shows of mass concentration, except for the authorization of the Municipal Autonomous Governments.

4. In Health and Plurinational Educational Systems, including University Prediums, both public and private. private.

5. Inside the automotive vehicles of the public and/or private transportation.

II. The Bolivian Police are in charge of the control of the prohibitions set out in this Article.

ARTICLE 20. (PROHIBITION ON THE SALE OF ALCOHOLIC BEVERAGES TO UNDER 18 YEARS OF AGE

OF EDAD).

I. The sale of alcoholic beverages to children under 18 years of age, subject to penalties provided for in this Act

is

.

II. The alcoholic beverage establishments will be required to require the original identification document

, which allows the majority of the age to be checked. In case of dispensing of this measure, the corresponding sanction of the establishment of the stipend will be carried out.

ARTICLE 21. (RESTRICTION ON ENTRY TO BEVERAGE OUTLETS

ALCOHOL OF PERSONS IN THE STATE OF DRUNKENNESS AND UNDER 18 YEARS OF AGE).

I.

II.

II.

II.

II.

II.

II.

II. sanction

provided in this Act.

ARTICLE 22. (RESTRICTION ON THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE COMPANY OF CHILDREN UNDER 18 YEARS OF AGE). The consumption of alcoholic beverages, in the company of children under 18 years of age, is prohibited in public access establishments, except in cases of tasting. and/or food accompaniment. In no case shall it be permissible to attain the state of drunkenness subject to the sanction set forth in this Law.

ARTICLE 23. (RESTRICTED TO PUBLIC TRANSIT IN THE STATE OF DRUNKENNESS IN

COMPANY OF CHILDREN UNDER 18 YEARS OF AGE). The pedestrian traffic in a notorious state of drunkenness on public roads in the company of children under 18 years of age is prohibited.

ARTICLE 24. (EXCEPTIONS). The Municipal Autonomous Governments, within the framework of their competencies,

may exceptionally grant special and temporary authorization for the expendium and consumption of alcoholic beverages at popular and employer parties.

CHAPTER VII

SANCTIONING MEASURES

ARTICLE 25. (PUNITIVE MEASURES FOR CONSUMPTION AND EXPENSE OF BEVERAGES

ALCOHOLIC). Sanctions measures shall apply to all natural or legal persons who fail to comply with regulated and determined limitations and prohibitions in the Present Law.

ARTICLE 26. (PENALTIES FOR NON-COMPLIANCE WITH THE BEVERAGE EXPENSE SCHEDULE

ALCOHOLIC).

I. Natural and legal persons who fail to comply with the schedule of alcoholic beverages, set forth in this

Law, will be sanctioned with a minimum of 2,000.-UFVs fine according to the parameters established by the Municipal Autonomous Governments and the temporary closure of 10 continuous days.

II. In case of recidivism the final closing sanction of the establishment will be applied.

III. Flagrant closure of the establishment imposed by the Autonomous Governments

Municipal, it will be understood as violation for disobedience to the authority, and the Bolivian Police must proceed immediately to arrest, up to eight hours, the owner of the establishment.

ARTICLE 27. (PENALTIES FOR NON-COMPLIANCE WITH AND MARKETING OF

ALCOHOLIC BEVERAGES). Natural and legal persons, who violate the prohibitions and restrictions set forth in Article 18 of this Law, shall be sanctioned with the seizure of the alcoholic beverages that are exposed for sale and marketing.

ARTICLE 28. (SANCTIONS FOR THE DENIAL OF COOPERATION OR ACCESS TO CONTROL).

I. Natural and legal persons engaged in the sale of alcoholic beverages, who fail to comply with the

Article 13 of this Law, will be sanctioned with:

1. The first time with a Minimum fine of 2000.-UFVs.

2. In case of recidivism, with the final closure of the establishment.

II. The flagrant breach of the definitive closure of the establishment imposed by the Autonomous Governments

Municipal, shall be understood as contravention for disobedience to the The Bolivian Police must immediately arrest, up to eight hours, the owner of the establishment.

ARTICLE 29. (PENALTIES FOR OPERATING LICENSE MISUSE)

I. Establishments that expend alcoholic beverages without operating license for the expense and

marketing of alcoholic beverages, shall be sanctioned with the closure of the establishment and a minimum fine of 2,000.-UFVs.

II. Natural and legal persons carrying out activities other than those permitted in the Operating License,

established in the Article 5 of this Law shall be sanctioned with a minimum fine of 2,000.-UFVs., and the final closure of the establishment.

ARTICLE 30. (PENALTIES FOR CONSUMPTION OF ALCOHOLIC BEVERAGES). Natural persons who

violate the prohibitions determined in Article 19 of this Law, shall be punished with a fine of 250.-UFVs. or community work in the form and deadlines. The municipal autonomous governments, in coordination with the Bolivian Police.

ARTICLE 31. (SANCTIONS ON THE SALE AND MARKETING OF ALCOHOLIC BEVERAGES TO

18 YEARS OF AGE).

The establishments whose main activity is the sale and marketing of alcoholic beverages, which sell these to under 18 years of age, will be sanctioned the first time with a fine of 10,000.-UFVs. and the temporary closure for 10 continuous days of establishment. If for the second time this prohibition is incurred, the sanction will be final.

II. The establishments whose main activity is not the sale and marketing of alcoholic beverages, which they incur

conduct set forth in the preceding paragraph shall be sanctioned according to municipal regulations.

III. The establishments of the sale and marketing of alcoholic beverages that permit the entry of minors,

will be sanctioned the first time with a fine of 10,000.-UFVs and the closing temporary for 10 continuous days

of the establishment. If, for the second time, the ban is violated, the sanction will be definitively closed.

IV. The flagrant breach of the definitive closure of the establishment imposed by the Autonomous Governments

Municipal, it will be understood as violation for disobedience to the authority, and the Bolivian Police must proceed to the immediate arrest, up to eight hours, of the owner of the establishment.

ARTICLE 32. (PENALTIES FOR ENTRY INTO THE STATE OF DRUNKENNESS

ESTABLISHMENTS FOR THE DISPOSAL OF ALCOHOLIC BEVERAGES). The establishments of the sale and marketing of alcoholic beverages that allow the entry of persons with obvious signs They will be punished for the first time with a fine of 5,000.-UFVs. and the temporary closure for 10 continuous days of the establishment. If, for the second time, these prohibitions were incurred, the sanction will be final closure of the establishment.

ARTICLE 33. (SANCTIONS ON THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE COMPANY OF

LESS THAN 18 YEARS OF AGE).

I. People who in the company of under 18 years of age, consume alcoholic beverages in establishments of

public access, will be penalized with a fine of 500.-UFVs. or community work in the form and deadlines

II.

II.

II.

II. People who are transiting a pedestrian in a notorious state of drunkenness in the company of under 18 years of age

, will be sanctioned. with a fine of 500.-UFVs. or community work in the form and deadlines foreseen by the Municipal Autonomous Governments, in coordination with the Bolivian Police.

III. case of recidivism, in both cases, mandatory rehabilitation will be carried out in the centers established in the

Article 11 numeral 3 of the Present Law.

ARTICLE 34. (PENALTIES FOR DRIVERS IN THE STATE OF DRUNKENNESS). Any person who

drives public or private motor vehicles in a state of drunkenness with an alcoholic strength higher than permitted, in express regulation, will be sanctioned:

1. The first time, with the disablement temporary one (1) year of your driver's license and the application of corrective and socio-educational measures.

2. In case of recidivism, with the definitive suspension of your driver's license, and if the same was committed by a server public, in office hours and/or in official vehicles, the penalty will be aggravated with the removal of the charge imposed by the competent authority.

ARTICLE 35. (SANCTIONS IN THE MANUFACTURE, IMPORT AND MARKETING OF ALCOHOLIC BEVERAGES). Natural or legal persons, who are engaged in the manufacture and import of alcoholic beverages and do not comply with the corresponding health records, will be punished the first time, with the seizure of the merchandise and a fine of 10,000 UFVs. In case of recidivism, they will be sanctioned with the fine of 20,000 UFVs. and the final closure of the establishment.

ARTICLE 36. (SOCIO-EDUCATIONAL MEASURES).

I. Those under 18 years of age, who consume alcoholic beverages, will be taken to the Children's Defensories and

Adolescents dependent on the Municipal Autonomous Governments, for the purpose of establishing the appropriate corrective and socio-educational measures. In the case of no Defensory in the territorial area where the event happened, it will be transmitted to the under 18 eighteen year old, to the instance that is subject to regulation.

II. To preserve the security and integrity Under 18 years of age in the transfer, the participation of

the Children and Adolescents Defensory, Family Protection Brigades, or in its absence a member of the Bolivian Police will be requested.

III. socio-educational will be applied according to the following guidelines:

1. The first time they must be collected by their father, mother, guardian or guardian or other adult person who is responsible for the care and control of the child under 18 years of age, in the form and deadlines provided by the Autonomous Municipal Governments in coordination with the Bolivian Police.

2. The second time they must be collected by their father, mother, guardian or guardian or other adult person who is responsible for the care and control of the under-18s, who will assume the responsibility for both the child and the parent or guardian to attend courses, talks, family therapy or socio-educational in the form and deadlines foreseen by the Municipal Autonomous Governments, in coordination with the Bolivian Police.

IV. When appropriate, prior report of competent authority establishing the dependence on alcohol of the minor of

18 years of age, this will be subject to a mandatory rehabilitation process in the centers set forth in Article 11 (3) of this Law.

V. In case of persons over 18 years of age, who have incurred for the first time in driving vehicles in state

of drunkenness, ARTICLE 37.

(SANCTION FOR ADVERTISING BANS

.

I. The control and the penalties for the violation of the prohibitions of advertising, in means of oral or audiovisual communication provided for in this Law, will be established by the Ministry of Communication, according to the regulations of the present Law.

II. Failure to comply with the provisions laid down in paragraphs I and II of Article 9 of this Law shall be

sanctioned with a minimum fine of 15,000.-UFVs. In case of recidivism it will be sanctioned with the seizure of all production that does not contain the warnings noted.

III. Failure to comply with the provision set out in paragraph III of the article 9 of this Law, will be sanctioned

with a minimum of 10,000 UFVs. of fine and the temporary closure of 10 continuous days. In the event of a recidivism, the final closure of the establishment shall be carried out.

IV. Failure to comply with the provision set out in paragraph IV of Article 9 of this Law shall be sanctioned

with 10,000.-UFVs. In case of recidivism the sanction will be 15,000.-UFVs. and the confiscation of the material object of the publicity.

ARTICLE 38. (DESTINATION OF FINES). The amount collected from the fines imposed herein

Law for penalties, shall be for the formulation and implementation of policies for the prevention, control, attention and rehabilitation of the consumption of beverages National Government, Autonomous Territorial Entities and the Bolivian Police, in the framework of their competencies and subject to regulation.

TRANSITORY provisions

FIRST. The Executive Body in the Sixty (60) continuous days from the publication of the present

Law, must issue the Supreme Regulatory Decree.

SECOND. Within ninety (90) continuous days from the publication, the Autonomous Governments

Municipal, in the field of their competencies, will develop and approve the corresponding legal instruments for compliance with this Law.

THIRD. A period of one hundred and eighty (180) continuous days is granted from the publication of this Law,

natural and legal, which manufacture, import or market alcoholic beverages, to give compliance with Article 9 of this Law.

ABROGATORY AND REPEAL PROVISIONS

FIRST. Paragraph 3 (b) is hereby repealed, paragraph 3, paragraph II of Article 234 of the General Law of

Transport N ° 165. All provisions contrary to this Law shall be repealed.

. All provisions contrary to this Law are opened.

FINAL PROVISIONS

FIRST. The procedure for collecting fines, will be subject to regulation.

SECOND. The Deputy Minister of Citizen Security, under the Ministry of Government, and the

Deputy Minister of Defense of User and Consumer Rights, under the Ministry of Justice, will coordinate and implement the compliance with this Law and its regulations.

THIRD.

I. The Bolivian Police are charged with the imposition and collection of fines for persons who have incurred the

infraction of the consumption of alcoholic beverages or in the state of drunken circulation on public roads.

II. Municipal Autonomous Governments are responsible for the collection of fines and the imposition of temporary closures

and definitive to natural or legal persons who expend alcoholic beverages in contravention of the

Remitase to the Executive Body, for purposes

It is given in the Chamber of the Plurinational Legislative Assembly, at the twenty-eight days of June of the year two thousand

twelve.

Fdo. Lilly Gabriela Montano Viana, Richard Cordel Ramírez, Mary Medina Zabaleta, David Sanchez Heredia,

Luis Alfaro Arias, Angel David Cortez Villegas .

Therefore, it is enacted to have and comply with the law of the State Plurinational of Bolivia.

Palace of Government of the city of La Paz, at eleven days of the month of July of the year two thousand twelve.

FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Juan Carlos

Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia Stacy Peña Claros, Amanda Davila Torres , Nemesia Achacollo Tola.