Control Law To The Sale And Consumption Of Alcoholic Beverages.

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

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/140052

Law No. 259 law of 11 July 2012 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of CONTROL to the sale and consumption of drinks alcoholic chapter I provisions general article (object). This law is intended to regulate the sale and consumption of alcoholic beverages, the actions and instances of prevention, protection, rehabilitation, control, restriction and prohibition, establishing sanctions against non-compliance with the same.
ARTICLE 2. (SCOPE). The provisions contained in this law are mandatory for all natural or legal persons, which manufactured, marketed, advertised, imported or consume alcoholic beverages in the country.
ARTICLE 3. (SKILLS). The national Government through the ministries of health and sports, Government, education, communication and other entities of the Executive Branch, as well as the Bolivian police, in coordination with all entities territorial autonomous, in the field of its competences, shall apply the provisions of this law.
CHAPTER II SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ARTICLE 4. (OPERATING LICENSE OR AUTHORIZATION). Any natural or legal person that sold alcoholic beverages to the public, must obtain the operating licence or authorization, as appropriate, awarded by the autonomous municipal governments.
ARTICLE 5. (EFFECTS OF THE LICENSE TO OPERATE). The operating license granted by the autonomous municipal governments, will take effect only for the establishment, its owner, and the authorized property, and may not extend the object of the license to another different activity for which was originally granted.
ARTICLE 6. (THE LICENSE OF OPERATION PROHIBITIONS). Prohibits the provision of operating license for the sale and consumption of alcoholic beverages, by municipal autonomous governments, to establishments that are located in the distance and conditions delimited by express legislation by the autonomous municipal governments of educational, sports, health and others established by the autonomous municipal governments in specific regulatory infrastructures.
ARTICLE 7. (VALIDITY OF THE LICENSE OF OPERATION). The license of operation, operative of Computable two years from the date of their provision, and may be renewed according to the specific regulations of each Municipal self-government, there is no tacit renewal.
CHAPTER III ADVERTISING OF ALCOHOLIC BEVERAGES CONTROL ARTICLE 8. (RESTRICTION ON THE CONTENT OF THE ADVERTISING). The contents of all advertising of alcoholic beverages, must conform to the following restrictions: 1. not to include persons under 18 years of age.
2. not incite or induce the consumption of alcoholic beverages, suggesting that consumption to promote the intellectual, social, sporting or sexual success.
3. do not use cartoon characters.
4. not issue advertising of beverages alcoholic in the hours of 06:00 to 21:00 hours.
ARTICLE 9. (WARNINGS).
I. alcoholic beverages that are manufactured, imported and marketed in the plurinational State of Bolivia and advertising carried out on them, must announce the following warnings:? the consumption excessive ALCOHOL is harmful to health? SALE PROHIBITED TO MINORS OF 18 YEARS OF AGE?
II. these warnings must be printed or attached, in one space not less than ten percent (10%) of the label or brand name of the product containing the alcoholic beverage or advertising elements in uppercase, readable, lyrics in contrasting background colors and visible place.
III. the establishments that sell alcohol, positioned the above-mentioned warnings in a visible place, with large and legible letters.
IV. advertising messages for alcoholic beverages, written or printed, that promote alcohol, must be labeled or warning message referred to in paragraph I of this article.
V. The advertising of alcoholic beverages in audiovisual media or broadcast, shall incorporate the warning required by paragraph I of this article.
CHAPTER IV HEALTH PROMOTION, PREVENTION TO REHABILITATION AND CONSUMPTION.
ARTICLE 10. (MEASURES OF PROMOTION AND PREVENTION). The national Government, the autonomous territorial entities and institutions, public and private; to implement health promotion and prevention measures of the consumption of alcoholic beverages in the scope of their powers, noting not limited the following: 1. incorporate into their strategic planning of development and its annual operational programme, activities for the promotion of health and prevention of the consumption of alcoholic beverages with holistic, intersectoral and intercultural approach; you mean mobilization of the family and the community; According to the politics of Intercultural Community family health.
2. promote the design and implementation of policies and institutional programmes of prevention of the consumption of alcoholic beverages, in the multinational educational system.
3 coordinate with institutions of higher education system of the Bolivian University and the Ministry of education, the development of special programmes for the prevention and control of the consumption of alcoholic beverages, in the multinational educational system.
ARTICLE 11. (CARE AND REHABILITATION). The autonomous territorial entities, public institutions and private will implement the following measures of care and community-based rehabilitation: 1. strengthen networks of services of health and to the communities therapeutic specialized in terms of responsiveness and attention of health workers, in what refers to the treatment of alcohol dependence.
2 promote the strengthening of specific institutions of rehabilitation based on the community through the formation of self-help groups.
3. Design and implement programs, projects and actions aimed at the rehabilitation and reintegration to their environment family, comunitario-social and above all work and/or educational, through psychosocial centres and psycho-pedagogical.
CHAPTER V ARTICLE 12 CONTROL MEASURES. (CONTROL). All establishments that sell, manufacture, import and market alcoholic beverages, will be subject to periodic inspection by the autonomous territorial entities, in coordination with the Bolivian police, in the scope of their powers and the control.
ARTICLE 13. (CONTROL OF RETAIL SALE OF ALCOHOLIC BEVERAGES). Natural or legal persons engaged in the retail sale of alcoholic beverages, shall provide the cooperation, collaboration and timely and immediate access to their facilities, the controls exercised by the autonomous territorial entities in coordination with the Bolivian police, not being able to limit any form your access or allege RAID or lack of judicial order for membership; under the penalties established in this law.
ARTICLE 14. (CONTROL IN THE MANUFACTURE AND IMPORTATION OF ALCOHOLIC BEVERAGES).

Natural or legal persons engaged in the activity of production and import of alcoholic beverages shall 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 health and food safety - SENASAG, in coordination with the autonomous territorial entities, monitor compliance with standards and health records, in the production and importation of alcoholic beverages at any time. In case the public force is required, the Bolivian police will cooperate with control tasks.
III. If evidenciare is non-conformance to standards of manufacture and/or import established standards, are subject to sanctions provided for in the law.

ARTICLE 15. (CONTROL IN THE MARKETING OF ALCOHOLIC BEVERAGES).
I natural or legal persons, engaged in the activity of commercialization of alcoholic beverages must hold sale, the prohibitions laid down in this law and regulations in force.
II. in case of breach of this Act, apply the appropriate disciplinary measures.



CHAPTER VI PROHIBITION MEASURES ARTICLE 16. (MEASURES BAN THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES). They are bans the sale and consumption of alcoholic beverages all those that are regulated in the present law and other determined by the autonomous municipal governments, with the aim of ensuring the health and safety of all persons of the plurinational State of Bolivia.
ARTICLE 17. (PROHIBITION THE HOURS OF SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES).
I prohibited the sale and consumption of alcoholic beverages starting at 03:00 am. up to 09:00 am. in establishments of access public and Club private.
II. in the rest of the day the dispensing of drinks alcoholic must hold is to the restrictions established by them Governments autonomous municipal, through regulations specific.
ARTICLE 18. (PROHIBITIONS ON THE SALE AND MARKETING OF BEVERAGES ALCOHOLIC). Them people natural or legal, are prohibited of dispense and market beverages alcoholic in the following cases:

1. on public roads, unless specific authorization for the sale of alcoholic beverages, granted by municipal self-governments people than they have as main and usual activity the sale and marketing of alcoholic beverages.
2. in public spaces, recreation, walking and in establishments intended for entertainment and sports.
3. on establishments health and multinational educational system, including the University, public and private properties.
ARTICLE 19. (BANS ON THE CONSUMPTION OF ALCOHOLIC BEVERAGES).
I. it is forbidden the consumption of alcoholic beverages to any person, in the following cases: 1. on public roads.
2. in public recreation spaces, ride and at sporting events.
3. in shows public of concentration mass, except authorization of the Governments autonomous municipal.
4. on establishments health and multinational educational system, including the University, public and private properties.
5. to the interior of motor vehicles of public or private transport.
II. the Bolivian police is responsible for the control of the prohibitions laid down in this article.
ARTICLE 20. (PROHIBITION OF RETAIL SALE OF ALCOHOLIC BEVERAGES TO PERSONS UNDER 18 YEARS OF AGE).
I. it is forbidden the sale of alcoholic beverages to persons under 18 years of age, subject to sanctions provided for in this Act.
II. the establishments of retail sale of alcoholic beverages, will be obliged to require the ID card original, allowing you to check the age of majority. In case of do without of this measure is will proceed to the penalty corresponding of the establishment of dispensing.
ARTICLE 21. (RESTRICTION ON ADMISSION TO ESTABLISHMENTS OF RETAIL SALE OF BEVERAGE ALCOHOL FROM PEOPLE IN STATE OF INTOXICATION AND PERSONS UNDER 18 YEARS OF AGE).
I. it is prohibited the entry of persons intoxicated to establishments of retail sale of alcoholic beverages.
II. is prohibits the entry of minor of 18 years of age, to places of sale of drinks alcoholic, subject to sanction planned in the present law.

ARTICLE 22. (RESTRICTION OF THE USE OF ALCOHOLIC BEVERAGES IN THE COMPANY OF PERSONS UNDER 18 YEARS OF AGE). Prohibits the consumption of alcoholic beverages, in the company of persons under 18 years of age, in establishments of public access, except in cases of tasting or accompaniment to food. In no event shall be admissible to reach the State of drunkenness subject to the penalties established in this law.
ARTICLE 23. (RESTRICTION OF TRAFFIC ON PUBLIC ROADS IN STATE OF DRUNKENNESS IN THE COMPANY OF PERSONS UNDER 18 YEARS OF AGE). Pedestrian traffic in notorious State of drunkenness in public road in the company of persons under 18 years of age is prohibited.
ARTICLE 24. (EXCEPTIONS). Autonomous municipal governments, within the framework of its powers, may exceptionally grant special temporary authorization for the sale and consumption of alcohol in popular celebrations and festivities prior assessment of their relevance, using standard Municipal Express.

CHAPTER VII SANCTIONS ARTICLE 25. (SANCTIONS TO THE CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES). Disciplinary measures, to all natural or legal persons who fail to comply with the limitations and prohibitions regulated and determined in this law shall apply.
ARTICLE 26. (SANCTIONS FOR NON-COMPLIANCE WITH THE TIME OF RETAIL SALE OF ALCOHOLIC BEVERAGES).
I. the natural and legal persons who fail to comply with the timetable of retail sale of alcoholic beverages, established in this law, shall be punished with a minimum of 2,000.-UFVs of fine according to the parameters established by the autonomous municipal governments and the temporary closure of 10 continuous days.
II. in the event of recidivism shall apply the penalty of permanent closure of the establishment.
III. the flagrant breach of the permanent closure of the establishment imposed by the autonomous municipalities, be understood as violation for disobedience to the authority, and the Bolivian police proceed to immediate arrest, up to eight hours, the owner of the establishment.
ARTICLE 27. (SANCTIONS FOR BREACH OF SALE AND MARKETING OF ALCOHOLIC BEVERAGES). Natural and legal persons who violate the prohibitions and restrictions laid down in article 18 of this law, shall be punished with confiscation of alcoholic beverages that are exposed for their sale and marketing.

ARTICLE 28. (SANCTIONS DENIAL OF COOPERATION OR ACCESS CONTROL).
I. the natural and legal persons engaged in the retail sale of alcoholic beverages, which fail to comply with the provisions of article 13 of this law, shall be punished with: 1. the first time a minimum fine of 2000.-UFVs.
2. in the event of recidivism, with the permanent closure of the establishment.
II. the flagrant breach of the permanent closure of the establishment imposed by the autonomous municipalities, be understood as violation for disobedience to the authority, and the Bolivian police proceed to immediate arrest, up to eight hours, the owner of the establishment.
ARTICLE 29. (SANCTIONS FOR MISUSE OF THE OPERATING LICENSE)
I. the establishments that sell alcoholic beverages without operation license for the sale and marketing of alcoholic beverages, shall be punished with the closure of the establishment and a minimum fine of 2,000.-UFVs.
II. natural and legal persons engaged in activities other than those permitted in the operating license, established in article 5 of this law, shall be punished with a minimum fine of 2,000.-UFVs., and the permanent closure of the establishment.
ARTICLE 30. (SANCTIONS TO THE USE OF ALCOHOLIC BEVERAGES). Natural persons who violate the prohibitions specified in article 19 of this law, shall be punished with a fine of 250.-UFVs. or community work in the form and time limits designated by the autonomous municipal governments, in coordination with the Bolivian police.
ARTICLE 31. (SANCTIONS FOR THE SALE AND MARKETING OF ALCOHOLIC BEVERAGES TO PERSONS UNDER 18 YEARS OF AGE).

Establishments whose main activity is the sale and marketing of alcoholic beverages, which sold these to persons under 18 years of age, shall be punished the first time a fine of 10.000.-UFVs. and temporary closure for 10 continuous days of the establishment. If for the second time you incur in this prohibition, the sanction will be permanent closure.
II. the establishments whose main activity is not the sale and marketing of alcoholic beverages, which incur in the conduct established in the preceding paragraph shall be punished according to Municipal regulations.
III. the establishments of retail sale and marketing of alcoholic beverages which will allow the entry of minors, the first time will be punished with a fine of 10.000.-UFVs and the temporary closure for 10 continuous days of the establishment. If for the second time, you commit with these prohibitions, the sanction will be permanent closure of the establishment.
IV. the flagrant breach of the permanent closure of the establishment imposed by the autonomous municipalities, be understood as contravention by disobedience to the authority, and the Bolivian police proceed to immediate arrest, up to eight hours, the owner of the establishment.
ARTICLE 32. (PENALTIES FOR INCOME WHILE INTOXICATED TO ESTABLISHMENTS OF RETAIL SALE OF ALCOHOLIC BEVERAGES). Those establishments of vending and marketing of drinks alcoholic that allow the entry of people with signs evident of State of drunkenness, will be sanctioned by first time with a fine of 5,000.-UFVs. and the closing time by 10 days continuous of the establishment. If by second time, are incurred with these prohibitions, the sanction will be of closing short of the establishment.
ARTICLE 33. (SANCTIONS TO THE CONSUMPTION OF BEVERAGE ALCOHOL IN COMPANY OF MINOR OF 18 YEARS OF AGE).
I. the people consuming alcoholic beverages in establishments of public access, in the company of persons under 18 years of age, shall be punished by a fine of 500.-UFVs. or community work in the form and time limits set by local autonomous governments, in coordination with the Bolivian police.
II. persons that they are transshipped by in notorious State of drunkenness in the company of persons under 18 years of age, they will be sanctioned with a fine of 500.-UFVs. or community work in the form and time limits set by local autonomous governments, in coordination with the Bolivian police.
III. in the event of recidivism, in both cases, will proceed to compulsory rehabilitation centers established in article 11 paragraph 3 of the present law.
ARTICLE 34. (PENALTIES ON DRUNK DRIVERS). Anyone who drive public and private vehicles while intoxicated with an alcoholic strength exceeding the permissible express regulation, shall be punished: 1. first, with the temporary disqualification of one (1) year of your driver's license and the application of socio-educational and corrective measures.
2. in the event of recidivism, with the definitive suspension of his driver's license, and if it was committed by a public servant, in office hours or in official vehicles, the sanction will be aggravated with the dismissal of the charge imposed by the competent authority.


ARTICLE 35. (SANCTIONS IN THE MANUFACTURE, IMPORT AND MARKETING OF ALCOHOLIC BEVERAGES). Natural or legal persons engaged in the activity of production and import of alcoholic drinks which do not comply with the corresponding sanitary registrations, shall be punished the first time, with the confiscation of goods and a fine of 10,000 UFVs. In the event of recidivism, they will be penalized with a fine of 20,000 UFVs. and the permanent closure of the establishment.

ARTICLE 36. (MEASURES SOCIO-EDUCATIONAL).
I children under 18 years of age, consuming alcoholic beverages, will be conducted to dependent of the autonomous municipalities, the Ombudsmen for children and adolescents to corrective measures and corresponding educational establishment. In the case of absence of ombudsmen in the territorial area where the event happened, will be sent to the child of 18 eighteen years of age, to the instance corresponding subject to regulation.
II. for preserve it security e integrity of minor of 18 years of age in the transfer, is request it participation of them ombudsmen of the childhood and adolescence, brigades of protection of the family, or in its defect a member of it police Bolivian.
III. the educational measures will be applied according to the following guidelines: 1. the first time must be picked up by his father, mother, guardian or guardian or other adult who is responsible for the care and control of the child of 18 years of age, in the form and time limits provided for autonomous municipal governments in coordination with the Bolivian police.
2. the second time must be picked up by his father, mother, guardian or guardian or other adult who is responsible for the care and control of the child of 18 years of age, who will assume the responsibility that both the child and the parent or guardian to attend courses, lectures, family therapy or socio-educational in the form and time limits set by local autonomous governments , in coordination with the Bolivian police.
IV. where appropriate, report of the competent authority that establishes the dependence to the spirit of the less than 18 years of age, it will be submitted to a process of compulsory rehabilitation centers established in paragraph 3 of article 11 of this law.
V. In the case of people over 18 years of age, that were incurred for the first time in driving while intoxicated, must obligatorily attend awareness in transit operating agencies certified courses.
ARTICLE 37.-(SANCTION ADVERTISING PROHIBITIONS).

I. the control and sanctions for the violation of the prohibitions of advertising, oral or audiovisual media provided for in this law, shall be established by the Ministry of communication, according to regulations of this law.
II. non-compliance with the provisions laid down in paragraphs I and II of article 9 of this law, shall be punished with a minimum fine of 15,000.-UFVs. In case of recidivism will be punished with confiscation of all production that does not contain the above warnings.


III. the breach of the provision established in paragraph III of article 9 of this law, shall be punished with a minimum of 10,000 UFVs. fine and the temporary closure of 10 continuous days. In the event of a repeated offence shall be the definitive closure of the establishment.
IV. failure to comply with the provision established in paragraph IV of article 9 of this law, shall be punished with 10.000.-UFVs. In case of recidivism, the sanction will be 15,000.-UFVs. and the confiscation of the material object of advertising.
ARTICLE 38. (DESTINATION OF FINES). He amount raised of them fines imposed in the present law by sanctions, will be intended to the formulation and execution of political of prevention, control, attention and rehabilitation of the consumption of drinks alcoholic to cargo of the Government national, entities territorial autonomous and the police Bolivian, in the frame of their competencies and subject to regulation.
TRANSITIONAL PROVISIONS FIRST. The executive body within the period of sixty (60) consecutive days from the publication of this law, shall issue the regulatory Supreme Decree.
THE SECOND. Within a period of ninety (90) consecutive days from the publication, autonomous municipal governments, within the scope of its competences, shall draw up and approve relevant legal instruments for the enforcement of this Act.
THIRD. A period of one hundred and eighty (180) consecutive days from the publication of this law is given, natural and legal persons that manufacture, import or market alcoholic beverages, so they give effect to the provisions in article 9 of this law.
ABROGATORIAS AND REPEALING PROVISIONS FIRST. Subparagraph (b) be repealed) article 3, paragraph II of article 234 of the law General of transport N ° 165. All provisions contrary to this law shall be repealed.

THE SECOND. All provisions contrary to this law will abrogate.
FINAL PROVISIONS FIRST. The procedure for the recovery of fines, shall be subject to regulation.
THE SECOND. The Deputy Minister of public safety, dependent on the Ministry of Government, and the Deputy Minister of Defense of the rights user and consumer, under the Ministry of Justice, will coordinate and execute the compliance of this law and its regulation.
THIRD.
I. the Bolivian police is responsible for the imposition and collection of fines to persons who have incurred in violation of consumption of alcoholic beverages or drunk in public circulation.
II. autonomous municipal governments are responsible for the recovery of fines and the imposition of temporary and definitive closures to natural or legal persons who sell alcoholic beverages in violation of provisions of this law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand twelve is given in the plurinational Legislative Assembly Hall, the twenty-eight days of the month of June of the year.
FDO. Lilly Gabriela MONTAÑO Viana, Richard Twine Ramirez, Mary Medina Zabaleta, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Palace of Government of the city of the peace, to the eleven days of the month of July of the year two thousand twelve.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia Stacy clear penalty, Amanda Dávila towers, Nemesia Achacollo Tola.