Movement Of Alcoholic Beverages Law

Original Language Title: Alkoholisko dzērienu aprites likums

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The Saeima has adopted and the President promulgated the following laws: the law of spirit drinks in article 1. The terms used in the law, the terms used in the Act comply with the Act on excise tax "used to excise taxable object terms and their explanations, as well as the advertising Act and the radio and Television Act of used terms and their explanations.
2. article. The scope of the law (1) the law regulates any activity with alcoholic beverages [preparation processing, processing, manufacturing, packaging (packaging) in the packaging, labelling, storage, loading, unloading, handling, transport, importation, exportation, distribution, acquisition, disposal, destruction URu.tml.], as well as alcoholic drinks advertising (hereinafter referred to as the movement of alcoholic beverages).
(2) of the Act also apply for the retail sale of alcoholic beverages on trains, aircraft and ships, if they are registered in Latvia.
3. article. A special permission (licence) and their basic rules of issue (1) alcoholic beverages wholesale and retail sale of alcoholic beverages is required a special permit (license) (hereinafter licence). If the alcoholic beverage retailers in the market, only the cave, they needed beer retail license.
(2) wholesale of alcoholic beverages license, the alcoholic beverage retail license and retail beer license issued by the State Revenue Service Licensing Commission.
(3) wholesale of alcoholic beverages license, the alcoholic beverage retail license and retail beer licence shall be issued for an unlimited duration.
(4) alcoholic beverages wholesale license, the alcoholic beverage retail license and beer retail license will not be issued (not re-register), if is a point of sale applied declared another person's licence.
(5) wholesale of alcoholic beverages license, the alcoholic beverage retail license and retail beer license gives the right to carry out the operations specified in the licence location only, and the licence is entitled to use only by the person to whom the license was issued.
(6) wholesale of alcoholic beverages, alcoholic beverages retail licensing and retail beer license issuance, renewal, cancellation and use the procedures established by the Cabinet of Ministers.
(7) the holder of a Warehouse activity licences and approved, the merchant's operating licence, as well as a representative of the taxable person operating licence, renewal, cancellation and use the procedures determined by the law on excise tax and the other on that basis issued laws and regulations.
4. article. The provisions on the movement of alcohol (1) retail sales of alcohol are banned.
(2) the carrying of alcohol and the quantity of alcohol of the control procedure of the production, processing, processing and packing (packing), as well as the use of alcohol, which according to the law "on the excise tax," article 16, first paragraph 1., 2., 5., 7., paragraph 10 shall apply excise duty exemption shall be determined by the Cabinet of Ministers.
(3) the procedure for the circulation of alcohol in pharmacies, herbal lieltirgotav, herbal plants (plants of the pharmaceutical operations), veterinary pharmacies, veterinary medicine, veterinary medicinal lieltirgotav plants (veterinārfarmaceitisk activities in enterprises), medicinal and veterinary authorities determined by the Cabinet of Ministers.
5. article. The movement of alcoholic beverages, enforcement, billing, and accounting procedures and general provisions (1) the alcoholic beverage wholesalers and retailers of alcoholic beverages, with the mutual settlement of accounts with credit institutions, the only current accounts of credit institutions declared to the State Revenue Service Licensing Commission. Alcoholic beverage wholesalers and retailers between cash settlement is prohibited.
(2) retail sale of alcoholic beverages in the settlement, as well as the beer manufacturer and retailer billing can be made between a reference or a cash settlement. The cash settlement considered also made cash contributions to the retailer or manufacturer of beer account in a credit institution.
(3) the drinks are moving, or realizing wholesale only area (between the end of one alcoholic beverage license specified locations), each batch of alcoholic beverages add mandatory — Bill of lading indicating additional properties. In addition to the properties, which are to be determined by the Cabinet of Ministers.
(4) where alcoholic beverages are moved to the law "on the excise tax" article 25, first, second, fourth, fifth, sixth and seventh in the cases set out in part, used in Commission Regulation No 2719/92, the following supporting documents, but that article 26 of the law in the cases laid down in Commission Regulation No 3649/92 are listed in the accompanying document. The accompanying document and control procedures determined by the law on excise tax ".
(5) the alcoholic beverage wholesale and retail trade is allowed only in rooms that are constructive, separated from other persons holding areas, and only in specified in the licence trade in alcoholic beverages.
(6) the places specified in the licence located well visible signboard, in which the national language shows the name of the licensed person and the place of work concerned.
(7) wholesale of alcoholic beverages prohibited areas for which the assigned market status.
(8) the alcoholic beverage wholesalers and retailers announced the working time allows the State revenue service to compare the actual quantity of alcoholic beverages with the accounting data.
(9) in Latvia from a country not a Member State of the European Union, allowed to bring the beer, which until the end of the period of validity is still not less than 30 days. This limitation does not apply to natural persons who are imported for personal consumption of beer law defined quantity.
6. article. Retail trade in alcoholic beverages (1) retail trade in alcoholic beverages is prohibited: 1) educational institutions and medical institutions, police, troops and other armed formations and territory;
2) kiosks, yards and buildings, which have not been put into service;
3) rooms that don't have a showroom or it is less than 20 square meters;
4), which is located in an apartment house, where access to this trade is used in place of a ladder or space sharing;
from 22.00 to 8.00 5), except for the retail places where alcoholic beverages are marketed in situ and their consumption is provided on the site, as well as duty-free trade stores;
6) in vending machines;
7) from vehicles, except in specialised vehicles for.
(2) the spirit drinks prohibits the sale to persons under 18 years. To verify the purchaser's age, the retailer is obliged to request the buyer shall present an identity document. After the retailer or supervisory and control authorities request the buyer's obligation is to certify your person and age on presentation of an identity document.
(3) it is prohibited to offer drinks for free (except for the tasting), as a gift or as compensation for the purchase of other goods or services.
(4) the retailer shall ensure that consumers of alcoholic drinks Trade Hall in respect of public order and the sanitary norms.
(5) retail trade in alcoholic beverages for consumption on the site is permitted if: 1) the used measuring method ensures that the buyer purchased alcoholic drinks volume accuracy not less than five percent;
2) by purchaser or supervisory and control authorities at the request of the officials are able to check the accuracy of volume of alcoholic beverages through retail site the existing verified beaker.
(6) the alcoholic beverage retail license, beer retail license or notarized or certified by the State Revenue Service license copy is placed at the point of sale to consumers it would be visible.
(7) the cash settlement for alcoholic beverages allowed, only through the cash register and the cash system. Cash settlement only used cash register and the cash system, which provides the transaction (product) name print Treasury checks and alcoholic beverages sales registration, cash register or cash system in a separate Department.
(8) in the fifth subparagraph of this article, the restrictions do not apply to the ALE.
7. article. The alcoholic beverage packaging (1) persons engaged in the packaging (buying), accept (to purchase), to store and perform other operations with glass, plastic and other packaging of alcoholic beverages that are not eliminated excise duty stamps, as well as to take action on it.
(2) alcoholic beverages sales sites prohibited for glass, plastic and other packaging of alcoholic beverages that are not eliminated by the use of excise stamps. After every alcoholic beverage packaging volumes covering the contents of the said marks immediately abolished.

8. article. Local rights movement of alcoholic beverages subject to the requirements of this Act, the local Government shall determine the alcoholic beverages retail specific procedures in public activities, external trade locations.
9. article. The alcoholic beverage manufacturing (production) and storage provisions (1) the production of alcoholic beverages in the home, preparation, purchase of raw materials or storage for the production of alcoholic beverages in the home, as well as their production apparatus, equipment, packaging, label, Cork and Cap making or storage is prohibited.
(2) in the first paragraph, the prohibition of certain spirit drinks produced in the home does not apply to beer, wine and other law "on excise tax" article 3 of the fourth part referred to in paragraph 1 of fermented drinks manufacturing for personal consumption.
(3) the Person not in article 3 of this law first or seventh part of licence, banned: 1) to store and carry drinks without excise marks, except for in the fourth paragraph of this article, in certain cases;
2) to store and carry more than 50 litres of beer without supporting justification of the purchase document.
(4) the third paragraph of this article paragraph 1 specified in the prohibition does not apply to the law "on excise duties" in the third paragraph of article 27 of the cases referred, as well as on personal consumption, home made wine and other law "on excise duty" article 3 of the fourth part referred to in paragraph 1 of fermented beverages.
10. article. The alcoholic beverage advertising be included in information (1) the alcoholic beverage advertising be included in information that warns the public about alcohol abuse negative effects. Such information must, at least 10 percent of the ads in question.
(2) in the first paragraph, that requirement does not apply to alcoholic beverages, alcoholic beverages as well as for the basic information supplied (the spirit drink name, price, volume, and other consumer information) placement of alcoholic beverages sales, production and storage sites and domestic objects, if they are used as advertising media.
(3) in the first paragraph of this article, the information specified in the lower portion of the ad in black letters on a white background, and the letter size must be such that the inscription of the most busy technically part of the text area provided.
11. article. Alcohol advertising restrictions (1) alcohol advertising banned: 1) portray a person using spirits;
2) to use the emblem of the Republic of Latvia;
3) expressing views regarding alcoholic beverages as a means of treatment;
4) to link the use of alcoholic beverages by the gym or driving;
5) to express views that alcoholic beverages have stimulant or sedative effect, or that they help solve personal problems;
6) negatively reflect abstinence or moderation of alcohol consumption;
7) give the impression that the use of alcoholic beverages provide social or sexual success.
(2) prohibited sponsored children's entertainment and sporting events, where information about the sponsorship is an indication for a spirit drink (except the sponsor name), as well as the use of alcoholic beverages.
(3) the advertising of alcoholic beverages prohibited: 1) educational and medical institutions, and to the authorities ' buildings and structures;
2) to a mailing correspondence and postal consignments;
3) on books, journals, newspapers and their attachment to the external pages (cover);
4) to public transport means and they shall.
(4) the first paragraph of this article, 1. and 4. the prohibition referred to in paragraph 1 apply also to other advertising of goods and services, unless its purpose is not negatively portray the use of alcoholic beverages.
12. article. The quality of spirit drinks (1) in the territory of Latvia, allowed to exercise only such spirits, which comply with the regulations set out minimum safety and quality requirements.
(2) spirit drinks which do not comply with the regulations set out minimum safety and quality requirements, pass the processing or destroyed.
(3) mandatory safety and quality requirements, inappropriate testing of alcoholic beverages expenses within seven days from the date of receipt of the invoice shall be borne by the person to whom the alcoholic drink removed.
(4) alcoholic beverages that do not meet minimum safety and quality requirements or are illegally manufactured or illegally imported, are to be considered as a human health and life-threatening.
(5) in any chain of alcoholic beverages alcoholic beverages in compliance with the regulations set out minimum safety and quality requirements is the responsibility of the end user, alcoholic beverages.
13. article. Monitoring and control (1) prohibited to involve movements of alcoholic beverages by persons under 18 years.
(2) monitoring and control authorities removed it and have confiscated liquor, inform about the actions of the State revenue service within three days from the date of the withdrawal or confiscation.
(3) monitoring and control bodies to monitor and control the movement of the spirit drinks regulations governing certain procedures, as well as the authorities or officials empowered to adopt a decision in the administrative infringement cases, within three days, inform the State revenue service on detected cases where spirit drinks marketed to persons under 18 years.
(4) monitoring and control bodies to monitor and control the movement of alcoholic beverage regulatory laws and requirements are entitled to send alcohol withdrawn or confiscated only for such storage sites (processing), established in the State revenue service.
(5) the alcoholic beverage wholesalers each month until the 15th date of the submitted State revenue report for alcoholic beverages (except beer) movement in the previous month and each quarter to the first quarter of the 15th date of the month: overview of beer movement of the previous quarter.
(6) implementation of this law, shall monitor and control the State revenue service and other authorities of supervision and control within the limits of its competence.
Transitional provisions 1. With the entry into force of this Act shall terminate the chain Alcohol laws (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1998, no. 23; 1999, no. 4; 2000, no. 1; 2002, no. 12; 2004, nr. 4).
2. Until the new Cabinet of Ministers regulations for picking, but not longer than until 1 august 2004, has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) of 30 November 1999, the Regulation No. 394 "seized the tobacco and alcohol seized in the destruction, recycling and disposal procedures for denaturing";
2) of 16 May 2000, the provisions of no. 182 "medicine and veterinary medicine alcohol to be used in the procedure of circulation";
3) 29 May 2001 the regulations No 216 "rules for alcoholic beverages (except wine and other fermented beverages and intermediate products), alcohol loss tracking and control methodology of a quantity of alcohol";
4) 18 December 2001 Regulation No. 518 of the "rules for raw and alcohol loss and shortage of other alcoholic beverages (loss) norms, raw alcohol and spirits production enterprises (companies)";
5) 18 December 2001 Regulation No. 532 of "alcohol denaturation and denatured alcohol circulation order.
3. With the entry into force of this Act shall terminate the special permissions (licenses) of the raw-alcohol production and sales, special permissions (licenses), alcoholic beverages and sales and special permissions (licenses) of alcoholic beverages and alcohol importation for release for free circulation.
4. special permissions (licenses) of alcoholic drinks and spirits wholesale and special permission (license) the retail sale of alcoholic beverages issued until 2004, 30 April, re-register and are valid until December 1, 2004.
5. Beer wholesalers and retailers that do not have the appropriate permissions special (license), article 3 of this law laid down in the first paragraph of special permit (license) must be received before September 1, 2004.
Informative references to the directives of the European Union and Commission regulations included in law 1. legal provisions arising from the directive 1992/12/EEC.
2. The Act includes references to the following Commission regulations: 1) in 1992 of the Commission of 17 December, Regulation (EEC) no 3649/92 on a simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the Member State of dispatch (published in the official journal of the European Union L 276, 19.09.1992.);
2) Commission, 1992/11 Regulation (EEC) no 2719/92 on the accompanying administrative document for the movement under duty-suspension arrangements of products subject to excise duty (published in the official journal of the European Union L 198, 07.08.1993).
The law shall enter into force on 1 May 2004.
The law adopted by the Parliament in 2004 on April 22.
State v. President Vaira Vīķe-Freiberga in Riga on 1 May 2004 the Editorial Note: the law shall enter into force on 1 May 2004.

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