Aptauja ilgs līdz 23. oktobrim.
The Saeima1 has adopted and Handling of Alcoholic Beverages LawSection 1. Terms Used in this Law (1) The terms used in this Law shall conform to the terms of objects taxable with excise duty used in the law On Excise Duty and the explanation thereof, as well as the terms used in the Advertising Law, the Electronic Mass Media Law and the Consumer Rights Protection Law and the explanation thereof. (2) A small alcoholic beverage brewery - a natural person - a performer of economic activity (hereinafter - the natural person) - or an economic operator which has the right to receive, under preferential conditions, a special permit (licence) for an approved warehousekeeper activity and reliefs for the registration of excise duty guarantee in order to produce wine, fermented beverages, intermediate products containing alcohol only of fermented origin (hereinafter - the intermediate products), or other alcoholic beverages from products acquired in the gardens and apiaries in the ownership or possession thereof in the territory of Latvia or in the gardens and apiaries in the ownership of relatives of the first degree or a spouse of the natural person or a member of a commercial company in the territory of Latvia, provided that, prior to the day of making the transaction, the member of the commercial company continuously owns not less than 35 per cent of the capital shares in the commercial company for at least nine months, or acquired from wild growing plants (without using alcoholic beverages produced by others), moreover ensuring that: 1) the total amount of produced wine or fermented beverages does not exceed 15 000 litres per calendar year; 2) the amount of absolute alcohol in other produced alcoholic beverages does not exceed 1000 litres per calendar year; 3) the total amount of produced intermediate products does not exceed 1000 litres per calendar year. (3) Illegal alcoholic beverage - illegally made (produced) or counterfeit alcoholic beverage, and also an alcoholic liquid which is not an alcoholic beverage, but is offered as an alcoholic beverage. [20 June 2013; 19 November 2015; 1 December 2016; 4 October 2018; 3 October 2019; 3 December 2020] Section 2. Scope of Application of this Law (1) This Law governs any activities with alcoholic beverages [preparation for processing, processing, production, filling in packaging (pre-packaging), labelling, storage, loading, disembarkation, transfer, transportation, importation, exportation, distribution, purchase, marketing, elimination and similar], as well as the advertising of alcoholic beverages (hereinafter - the handling of alcoholic beverages). (2) The Law is applicable also to retail trade in alcoholic beverages on trains, aeroplanes and ships, if these means of transport have been registered in Latvia. (3) Activities involving food supplements containing spirits shall be regulated by the law On Excise Duty, the Law on the Supervision of the Handling of Food, and other laws and regulations determining the mandatory safety and labelling requirements for food supplements and the procedures for registering food supplements. [22 December 2011] Section 3. Types of Special Permits (Licences) and Basic Provisions for the Issuance Thereof (1) A special permit (licence) (hereinafter - the licence) shall be necessary for wholesale trade in alcoholic beverages and retail trade in alcoholic beverages. If retail traders of alcoholic beverages sell only beer, a licence for retail trade in beer shall be necessary for them. (11) [19 November 2015] (12) If a small alcoholic beverage brewery produces wine, fermented beverages, or the intermediate products the total amount of which does not exceed 1000 litres per calendar year, such economic operator shall be exempted from the obligation to submit excise duty guarantee. (13) In order to receive a special permit (licence) for an approved warehousekeeper activity, a small alcoholic beverage brewery shall obtain a permit of the local government for the production of wine, fermented beverages, the intermediate products, or other alcoholic beverages in the territory of the relevant local government. The economic operator is entitled to contest a decision of the local government by which the production of wine, fermented beverages, the intermediate products, or other alcoholic beverages is not permitted in the territory of the relevant local government, as well as the actual action of the local government, and appeal it in accordance with the procedures laid down in the Administrative Procedure Law. (14) A small alcoholic beverage brewery may also, if a separate special permit (licence) for the retail trade of alcoholic beverages has not been received, sell the wine, fermented beverages, the intermediate products, or other alcoholic beverages produced thereby in a place specified in the special permit (licence) for an approved warehousekeeper activity and perform outward trade in the locations of public events in conformity with that specified in Section 8, Paragraph one of this Law. (2) A licence for wholesale trade in alcoholic beverages, a licence for retail trade in alcoholic beverages, and a licence for retail trade in beer shall be issued by the State Revenue Service. (3) A licence for wholesale trade in alcoholic beverages, a licence for retail trade in alcoholic beverages, and a licence for retail trade in beer shall be issued for an indefinite period. (31) If in addition to a permanent point of sale specified in a licence for retail trade in alcoholic beverages or in a licence for retail trade in beer, a booth for the retail trade in alcoholic beverages is requested, the activity referred to in the relevant licence at the place specified shall be permitted if a local government has issued binding regulations regarding retail trade in alcoholic beverages in booths (Section 8, Paragraphs three and four) and has co-ordinated retail trade in alcoholic beverages at the requested place of activity. (4) A licence for wholesale trade in alcoholic beverages, a licence for retail trade in alcoholic beverages and a licence for retail trade in beer shall not be issued (re-registered) if the point of sale given has been declared in the licence of another person. (5) A licence for wholesale trade in alcoholic beverages, a licence for retail trade in alcoholic beverages and a licence for retail trade in beer shall give a right to perform the relevant activities only at the place specified in a licence and only the person to whom this licence has been issued is entitled to use it. (6) The procedures for issuing, re-registering, cancelling, and using a licence for wholesale trade in alcoholic beverages, a licence for retail trade in alcoholic beverages and a licence for retail trade in beer, preferential conditions for the receipt of a licence for an approved warehousekeeper activity, relief for the registration of excise duty guarantee, as well as the procedure for release from submission of excise duty guarantee, shall be determined by the Cabinet. (7) The procedures for issuing, re-registering, cancelling, and using an approved warehousekeeper activity licence, registered consignor's activity licence, as well as registered consignee's activity licence shall be laid down in the law On Excise Duty and other laws and regulations issued on the basis thereof. [10 June 2004; 25 March 2010; 22 December 2011; 19 November 2015; 1 December 2016; 8 June 2017] Section 4. Provisions for Handling of Alcohol (1) Retail trade in alcohol is prohibited. (2) The procedures for registering and controlling alcohol for alcohol production, treating, processing, and packaging (pre-packaging), as well as for using such alcohol to which the exemption from excise duty applies in accordance with Section 16, Paragraph one, Clauses 1, 2, 4.1, 5, and 7 -10 of the law On Excise Duty shall be determined by the Cabinet. (3) The procedures for the handling of alcohol in pharmacies, drug wholesalers, drug manufacturing undertakings (undertakings of pharmaceutical activity), veterinary pharmacies, veterinary drug wholesalers, veterinary drug manufacturing undertakings (undertakings of veterinary pharmaceutical activity), medical treatment institutions and veterinary medicine shall be determined by the Cabinet. (4) It is prohibited for a small alcoholic beverage brewery to purchase and sell alcohol. [25 March 2010; 22 December 2011; 19 November 2015; 3 December 2020] Section 5. General Provisions for the Procedures for the Movement, Sale, Settling Accounts and Registration of Alcoholic Beverages (1) Wholesalers and retailers of alcoholic beverages shall settle their mutual accounts regarding transactions with alcoholic beverages only through credit institutions, using only those current accounts declared to the State Revenue Service. Mutual cash settlements for wholesalers and retailers are prohibited. (2) Settlement of accounts for retail trade in alcoholic beverages, as well as the mutual accounts of beer producers and retailers may be settled by cash settlements or non-cash settlements. Payment of cash made by a person to the credit institution account of a retailer or a beer producer shall also be regarded as a cash settlement. (3) When moving or selling alcoholic beverages in wholesale only within the territory of Latvia (also between the places indicated in the alcoholic beverage licence of one seller), a corroborative document shall be attached to each batch of alcoholic beverages drawn up in accordance with the requirements of the laws and regulations governing circulation of excise goods and conduct of accounting. (4) If alcoholic beverages are moved under suspension of excise duty or if the alcoholic beverages transferred for consumption are moved between Member States, the procedures for the handling and control of accompanying documents shall be determined by the law On Excise Duty and other laws and regulations issued on the basis thereof. (5) Wholesale and retail sale of alcoholic beverages shall be allowed only at such sales points of alcoholic beverages which are specified in a licence and only on premises that are constructionally separated from a territory in possession of another person, except for the cases specified in this Law. (51) If a customer other than a natural person orders alcoholic beverages, using distance communication means, it shall be permitted to supply alcoholic beverages at the address indicated by the customer with or without the intermediation of a courier or another supplier. (6) At the places specified in a licence a clearly visible signboard shall be placed in which the name of a licensed person and working hours of the relevant place of activity shall be indicated in the official language. (7) The wholesale in alcoholic beverages shall be prohibited in territories to which, in accordance with specified procedures, the status of a market has been assigned. (8) The wholesalers and retailers of alcoholic beverages within the working hours notified shall ensure the possibility for the State Revenue Service to compare the actual amount of alcoholic beverages with the registration data. (9) It is allowed to import such beer from non-member state of the European Union into Latvia for which till the end of the term of validity not less than 30 days are left. This restriction does not apply to natural persons who import beer for personal consumption in the amount specified by the laws and regulations. [10 June 2004; 25 March 2010; 22 December 2011; 3 December 2020] Section 6. Retail Trade in Alcoholic Beverages (1) Retail trade in alcoholic beverages shall be prohibited: 1) on the premises and territory of social care, medical treatment and educational institutions, of the police, armed forces and other military bodies, as well as in official accommodation facilities of educational institutions; 11) in premises of State and local government institutions, except for the premises of cultural and sports institutions and their territory; 2) in booths; 21) in kiosks, on premises that have no sales rooms, as well as on premises that have not been put into exploitation; 3) on premises where a sales room is smaller than 20 square meters; 4) at a sales point which is situated in an apartment building, if the common stairs or premises shall be used for the entrance to such sales point; 5) from 22.00 to 8.00, except for such retail trade points in which alcoholic beverages are sold on tap only and their consumption is ensured on the spot, as well as duty-free shops; 6) in automatic vending machines; 7) from vehicles, except for specialised mobile shops; 8) using the distance contract, except for the cases specified in Section 6.1 of this Law. (11) All of the following conditions must be conformed to concurrently in retail trade in alcoholic beverages, except for beer in which the amount of absolute alcohol exceeds 5.8 percentage by volume, in addition to the restrictions laid down in Paragraph one of this Section: 1) alcoholic beverages shall be placed in a separated self-service area of the sales room or retail trade in alcoholic beverages must organised, individually servicing each customer. This condition shall not apply to the retail trade of alcoholic beverages produced by a small alcoholic beverage brewery; 2) [5 March 2015]; 3) only alcoholic beverages, tobacco products and their accessories, as well as such goods which are related to alcoholic beverages (for example, devices for opening beverage packaging, containers provided for the use of beverages) shall be placed in the separated self-service area of the sales room. (12) Retail trade in alcoholic beverages is prohibited on premises of State and local government cultural and sports institutions, if the objects referred to in Paragraph one, Clause 1 of this Section are located therein and the flow of the persons attending cultural and sports institutions cannot be separated from the persons visiting the relevant object. (13) It is prohibited to sell beer, fermented beverages, the intermediate products, and other alcoholic beverages in a packaging unit the volume of which exceeds: 1) 0.5 litres if the quantity of absolute alcohol in the abovementioned alcoholic beverages exceeds 5.8 percent by volume; 2) 1 litre if the quantity of absolute alcohol in the abovementioned alcoholic beverages does not exceed 5.8 percent by volume. (14) The restriction on the volume of packaging referred to in Paragraph 1.3 of this Section shall not be applicable to the trade of alcoholic beverages if: 1) the packaging unit is made of glass, ceramic, wood, metal or multipack, consisting of a polymer or laminate bag, packaged in a cardboard box; 2) beer, fermented beverages, the intermediate products, and other alcoholic beverages are sold at the place of the production thereof or in a territorial unit of the producer. (2) It is prohibited to sell alcoholic beverages to persons under 18 years of age and such persons may not purchase them. In order to verify the age of the person, the retailer has a duty to demand the person present a personal identification document. (21) Persons from 18 to 25 years of age upon purchasing alcoholic beverages have a duty to present a personal identification document to the retailer in all cases regardless of whether the retailer has requested it. (22) It is prohibited to sell alcoholic beverages to persons regarding whose age the retailer has justified doubts and who upon request of the retailer do not present a personal identification document that confirms the age of such persons. (23) Upon request of the supervisory and control authority any purchaser has a duty to confirm his or her identity and age by presenting a personal identification document. (24) The retailer shall ensure that employees directly involved in retail trade of alcoholic beverages, prior to commencing the fulfilment of work duties and henceforth not less than once a month, are instructed regarding the provisions for retail trade of alcoholic beverages. (3) It is prohibited to offer alcoholic beverages free of charge (except for the tasting thereof), as a gift or as compensation for the purchase of other goods or for the receipt of services. (31) It is prohibited to offer alcoholic beverages for tasting outside the separated self-service area of the sales room in which only alcoholic beverages, tobacco products and their accessories, as well as such goods which are related to alcoholic beverages are placed. (4) The retailer shall ensure that consumers of alcoholic beverages in a sales room or in another point of sale of alcoholic beverages keep public order and sanitary norms. (5) Retail sale in alcoholic beverages for consumption on the spot shall be allowed, if: 1) the measurement method used ensures that the precision of the volume of the alcoholic beverage obtained by the purchaser is not less than five per cent; 2) a possibility to check precision of the volume of alcoholic beverages sold using the verified beaker at the retail trade point shall be ensured at the request of a purchaser or an official of the supervisory and control authority. (6) A licence for retail trade in alcoholic beverages, a licence for retail trade in beer or a copy of a licence of an economic operator certified in accordance with the procedures laid down in laws and regulations shall be placed at the sales point so it could be visible for consumers. (7) Cash settlements for alcoholic beverages shall be allowed only using cash registers and cash-office systems. For cash settlements only such cash registers and cash-office systems shall be utilized which ensure the registration of the sale of alcoholic beverages in the separate department established for the registration of transactions in the construction of the cash register or of the cash-office system. In addition to a cash receipt a buyer has the right to request a corroborative document drawn up in accordance with the requirements of the laws and regulations regarding conduct of accounting containing the following information regarding alcoholic beverage - the name of alcoholic beverage, the content of absolute alcohol in the product in per cent by volume and the volume of one packaging - the authenticity of which is certified by a retail trader with a signature and seal. (71) Cash settlements for wine, fermented beverages, the intermediate products, or other alcoholic beverages produced in a small alcoholic beverage brewery shall be permitted without the use of cash registers and cash systems, concurrently conforming to the procedures laid down in the laws and regulations regarding the use of electronic devices and equipment for the registration of taxes and other payments. (8) The restrictions laid down in Paragraph five of this Section do not apply to beer. (9) The prohibition laid down in Paragraph one, Clause 2 of this Section, does not apply to retail trade in industrially manufactured alcoholic beverages which are sold on tap for consumption on the spot, if retail trade in those places is carried out, taking into account the provisions of Section 3, Paragraph 3.1 and Section 8 of this Law. (10) The prohibition laid down in Paragraph one, Clause 3 of this Section shall not apply to retail trade of industrially produced alcoholic beverages in which the amount of absolute alcohol does not exceed six per cent by volume and which are intended for off-premises consumption, as well as to such retail trade of alcoholic beverages produced by a small alcoholic beverage brewery. [10 June 2004; 25 March 2010; 20 June 2013; 5 March 2015; 19 November 2015; 1 December 2016; 8 June 2017; 3 December 2020] Section 6.1 Retail Trade in Alcoholic Beverages by a Distance Contract on a Website or Mobile Application (1) Retail trade in alcoholic beverages, except for tax-free trade shops, shall be permitted also on a website or mobile application if the provisions of this Section are conformed to. (2) The place of retail trade in alcoholic beverages shall be the website or mobile application indicated in the special permit (licence) for the retail trade in alcoholic beverages. (3) It shall be permitted to use only non-cash payments in retail trade in alcoholic beverages on a website or mobile application. (4) In order to conform to the restriction of age of a person laid down in Section 6, Paragraph two of this law, a retailer of alcoholic beverages shall ensure the verification of the identity and age of a customer before sale of alcoholic beverages on a website or mobile application and receipt of payment, using qualified means of electronic identification or qualified means of electronic identification of increased safety or means of electronic identification of a person conforming to the requirements for the safe authentication of users indicated in Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. (5) A retailer of alcoholic beverages shall indicate the following on a website or mobile application: 1) information on the special permit (licence); 2) a warning on adverse effects of the use of alcohol; 3) information on the prohibition to sell, purchase, and hand over alcoholic beverages to minor persons; 4) information on the prohibition to supply (hand out) alcoholic beverages from 22.00 until 8.00. (6) It shall be permitted to supply (hand out) alcoholic beverages purchased on a website or mobile application to a customer from any operating site indicated in the special permit (licence) for the retail trade in alcoholic beverages in conformity with Paragraphs seven and eight of this Section with or without the intermediation of a courier or another supplier. (7) A natural person who supplies (hands out) the alcoholic beverages purchased on a website or mobile application to a customer is prohibited to supply (hand out) alcoholic beverages from 22.00 to 8.00 and it is prohibited to supply (hand out) them to the persons who are less than 18 years of age. In order to verify the identity and age of a customer, a natural person who is supplying (handing out) the alcoholic beverages purchased on a website or mobile application shall request that the customer presents a personal identification document. (8) A supplier which supplies (hands out) the alcoholic beverages purchased on a website or mobile application to a customer without the intermediation of a natural person is prohibited to supply (hand out) alcoholic beverages from 22.00 to 8.00 and it is prohibited to supply (hand out) them to the persons who are less than 18 years of age. In order to verify the identity and age of a customer, the supplier which is supplying (handing out) the alcoholic beverages purchased on a website or mobile application without the intermediation of a natural person shall use the means of electronic identification specified in Paragraph four of this Section. (9) Small alcoholic beverage breweries which are selling beverages to customers by a distance contract, ensuring verification of the identity and age of a customer at the time of making a purchase and supply (handing out), shall be permitted not to use the means of electronic identification. (10) Small alcoholic beverage breweries shall register a website or mobile application of retail trade if it is possible to make online payment for a purchase therein. (11) Small alcoholic beverage breweries which supply (hand out) to a customer the alcoholic beverages purchased or ordered on a website or mobile application may make payments also in cash in conformity with the prohibition to supply (hand out) alcoholic beverages from 22.00 to 8.00 and the prohibition to supply (hand out) them to the persons who are less than 18 years of age. [3 December 2020] Section 7. Packaging of Alcoholic Beverages (1) Persons who are dealing with the acceptance (purchase) of packaging are prohibited to receive (purchase), store, and carry out other activities with glass, plastic and other kinds of packaging of alcoholic beverages from which the excise duty stamp has not been disposed of, as well as to perform activities with it. (2) At places where alcoholic beverages are sold it is prohibited to keep glass, plastic and other kinds of packaging for alcoholic beverages from which, after consumption of the drink, the excise duty stamp has not been disposed of. After use of the contents of a particular volume of each packaging of alcoholic beverages the labelling referred to shall be disposed of without delay. Section 8. Rights of a Local Government in Handling of Alcoholic Beverages (1) In accordance with the requirements of this Law and other laws and regulations, local governments shall determine a special procedure for retail trade in alcoholic beverages at the temporary locations during public events. (2) Taking into account the requirements of this Law and other laws and regulations, a local government shall issue binding regulations which lay down the procedures by which a small alcoholic beverage brewery is entitled to receive the permit referred to in Section 3, Paragraph 1.3 of this Law. (3) If a local government allows retail trade in alcoholic beverages in booths, it shall, taking into account the requirements of this Law and other laws and regulations, issue binding regulation regarding: 1) a period of time in a calendar year during which the retail trade in alcoholic beverages in booths is allowed; 2) procedures by which the place of the booth for retail trade in alcoholic beverages is to be co-ordinated. (4) A local government has the right to intend in the binding regulations thereof the maximum permissible amount of absolute alcohol in alcoholic beverages the retail trade of which is allowed in booths. [10 June 2004; 25 March 2010; 19 November 2015] Section 9. Provisions for Manufacturing (Production) and Storage (1) Production of alcoholic beverages at home, preparation of raw materials, purchase or storage of alcoholic beverages for manufacture at home, as well as manufacture or storage of devices, installations, labels, corks, and lids intended for production thereof are prohibited. (2) The prohibition to produce alcoholic beverages at home specified in the first Paragraph of this Section does not apply to beer, wine or other fermented beverages referred to in Section 3, Paragraph four, Clause 1 of the law On Excise Duty for personal consumption. (3) It is prohibited for a person who does not have the licence specified in Section 3, Paragraph one or seven of this Law: 1) to store and to transport alcoholic beverages without an excise duty stamp, except for the cases referred to in Paragraph four of this Section; 2) to store and to transport more than 50 litres of beer without a corroborative document certifying the purchase thereof. (4) The prohibition specified in Paragraph three, Clause 1 of this Section shall not apply to the cases referred to in Section 7, Paragraph three of the law On Excise Duty, as well as to home-made wine or other fermented beverages referred to in Section 3, Paragraph four, Clause 1 of the law On Excise Duty for personal consumption. Section 9.1 Prohibition of Illegal Alcoholic Beverages (1) It is prohibited to make (produce), offer, buy, store, sell or move illegal alcoholic beverages. (2) If the making (production), storage or sale of illegal alcoholic beverages is established in a movable or immovable property, the owner or possessor of the movable or immovable property shall be informed of the established fact in writing. [3 October 2019 / Section shall come into force on 1 July 2020. See Paragraph 19 of the Transitional Provisions] Section 10. Information to be Included in Advertisements of Alcoholic Beverages (1) The advertisement of alcoholic beverages shall include information which warns the public against the negative effects of the usage of alcohol, as well as informs regarding the prohibition to sell, purchase, and hand over alcoholic beverages to minors. At least 10 per cent of the amount of the particular advertisement shall be allocated for such information. (2) The requirement referred to in Paragraph one of this Section shall not apply to the trademarks of alcoholic beverages, as well as to the location of the basic information provided regarding alcoholic beverages (name, price, volume of alcoholic beverage, as well as other information important for the consumer) at the sales points of alcoholic beverages, places of production and storage and on household objects if they are used as carriers of advertisement. (3) The information specified in Paragraph one of this Section shall be provided at the bottom of the advertisement with black letters on a white background, moreover, the letters shall be of such size that the title would cover the greatest technically possible part of the area intended for the text. [20 June 2013] Section 11. Restrictions on Alcoholic Beverage Advertisement (1) In alcoholic beverage advertisement of alcohol, it is prohibited to: 1) represent persons consuming alcoholic beverages; 2) use symbols of the State of Latvia; 3) express an opinion regarding alcoholic beverages as a means of medical treatment; 4) associate alcoholic beverage consumption with sports activities or operating a means of transport; 5) express views that alcoholic beverages have stimulant or calmative effects or they help to solve personal problems; 6) present negatively abstinence or moderation in consumption of alcohol; 7) create an impression that consumption of alcoholic beverages ensures social or sexual success. (2) It is prohibited to sponsor entertainment events for children and sporting events if the information regarding sponsorship includes an indication to any alcoholic beverage (except for the name of the sponsor), as well as the use of alcoholic beverages. (3) Alcoholic beverage advertisements are prohibited: 1) in educational and medical treatment institutions and on the walls of such buildings and constructions; 2) on letter correspondence and postal parcel items; 3) on the external pages (cover) of books, magazines, newspapers and annexes thereof; 4) on public means of transport and therein; 5) in environmental advertisements. (4) The prohibitions referred to in Paragraph one, Clauses 1 and 4 of this Section apply also to the advertising of other goods and services unless the aim of it is to show negatively the use of alcoholic beverages. [20 June 2013 / See Paragraph 14 of Transitional Provisions] Section 12. Quality of Alcoholic Beverages (1) Only those alcoholic beverages which conform to the mandatory safety and quality requirements laid down in laws and regulations may be sold in the territory of Latvia. (2) Alcoholic beverages which do not conform to the mandatory safety and quality requirements laid down in laws and regulations shall be handed over for processing or shall be destroyed. (3) The testing expenses for alcoholic beverages which do not conform to the mandatory safety and quality requirements shall be covered within seven days of receipt of invoice by the person from whom such alcoholic beverages have been withdrawn. (4) Alcoholic beverages which do not conform to the mandatory safety and quality requirements or have been produced illegally or imported illegally shall be considered as dangerous to human health and life. (5) In each stage of the handling of alcoholic beverages the seller of alcoholic beverages shall be liable for the compliance of the alcoholic beverages with the mandatory safety and quality requirements laid down in laws and regulations. Section 13. Supervision and Control (1) It is prohibited to involve persons under 18 years of age in the handling of alcoholic beverages. (2) Supervisory and control bodies which have withdrawn and confiscated alcoholic beverages shall inform the State Revenue Service of these activities within three days from the day of withdrawal or confiscation. (3) Supervisory and control bodies which supervise and control conformity with the procedures laid down in the laws and regulations governing the handling of alcoholic beverages, as well as institutions or officials who are entitled to take a decision on administrative violation matters shall notify the State Revenue Service within three days of the established cases where the alcoholic beverages have been sold to persons under 18 years of age. (4) Supervisory and control bodies which supervise and control conformity with the requirements of the laws and regulations governing the handling of alcoholic beverages are entitled to send the alcohol withdrawn and confiscated only to such places of storage (processing) which have been registered with the State Revenue Service. (5) [25 March 2010 / See Paragraph 7 of Transitional Provisions] (6) The implementation of this Law shall be supervised and controlled by the State Revenue Service and by other supervisory and control bodies in accordance with their competence. [25 March 2010] Section 14. Administrative Liability in the Field of Handling of Alcoholic Beverages (1) For the purchase of illegal alcoholic beverages, a warning or a fine of up to twenty-eight units of fine shall be imposed on a natural person. (2) For unauthorised retail trade in alcoholic beverages for takeaway or unauthorised supply (handing out) of alcoholic beverages from 22.00 until 8.00, a fine up to fourteen units of fine shall be imposed on an employee of a legal person - a courier or another supplier, but on a legal person - a fine from fourteen to two hundred and eighty units of fine. (3) For the failure to comply with the procedures for settling accounts in respect of alcoholic beverages, a fine from ten to five hundred units of fine shall be imposed on a legal person. (4) For the violation of the provisions for the handling of alcoholic beverages, a warning or a fine of up to one hundred and forty units of fine shall be imposed on a natural person, but on a legal person - a fine of up to one thousand four hundred and twenty units of fine. (5) For the failure to comply with the provisions for the sale of alcoholic beverages, and also the failure to comply with the requirements specified for the packaging, a warning or a fine of up to one hundred and forty units of fine shall be imposed on a natural person, but on a legal person - a fine of up to one thousand four hundred and twenty units of fine. (6) For the sale or supply (handing out) of alcoholic beverages to a person under 18 years of age, a fine from fifty-six to one hundred and forty units of fine shall be imposed on an employee of a legal person - the salesperson, courier, or another supplier -, but on the legal person - a fine from one hundred and forty to one thousand four hundred and twenty units of fine. (7) For allowing the making (production), storage or sale of illegal alcoholic beverages in the movable or immovable property under the possession of the person if such offence has been established within a year after the person was informed in writing of the making (production), storage or sale of illegal alcoholic beverages established in this property, a fine from fifty-six to one hundred and forty units of fine shall be imposed on a natural person, but on a legal person - a fine from two hundred and eighty to one thousand four hundred and twenty units of fine. (8) For the making (production), offering, storage or movement of illegal alcoholic beverages, a warning or a fine of up to four hundred units of fine shall be imposed on a natural person, but on a legal person - a fine from seventy to two thousand and eight hundred units of fine. [3 October 2019; 3 December 2020] Section 15. Competence within the Administrative Violations Proceedings (1) Administrative offence proceedings for the offences referred to in Section 14 of this Law, except for the offence referred to in Section 14, Paragraph three of this Law, shall be conducted by the State Police. (2) Administrative offence proceedings for the offences referred to in Section 14, Paragraphs two, three, four, five, and eight of this Law shall be conducted by the State Revenue Service. (3) Administrative offence proceedings for the offences referred to in Section 14, Paragraphs one, two, and six of this Law shall be conducted by the municipal police. (4) Until examination of the administrative offence case, administrative offence proceedings for the offences referred to in Section 14, Paragraphs four, five, seven, and eight of this Law shall be conducted also by the municipal police but the administrative offence case shall be examined by the State Police. (5) Until examination of the administrative offence case, administrative offence proceedings for the offences referred to in Section 14, Paragraph four of this Law shall be conducted also by the Health Inspectorate or Food and Veterinary Service but the administrative offence case shall be examined by the State Revenue Service. [3 October 2019 / Section shall come into force on 1 July 2020. See Paragraph 19 of the Transitional Provisions] Transitional Provisions1. With the coming into force of this Law, the Handling of Alcohol Law (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1998, No. 23; 1999, No. 4; 2000, No. 1; 2002, No. 12; 2004, No. 4), is repealed. 2. Until new Cabinet regulations are issued, but not later than until 1 August 2004, the following Cabinet regulations shall be applicable insofar as they are not in contradiction with this Law: 1) Cabinet Regulations No. 394 of 30 November 1999, Procedures for Elimination of Tobacco Products Confiscated and for Destruction, Processing and Denaturing of Confiscated Alcohol; 2) Cabinet Regulation No. 182 of 16 May 2000, Procedures for Handling of Alcohol to be Used in Medicine and Veterinary Medicine; 3) Cabinet Regulations No. 216 of 29 May 2001, Regulations Regarding Determination of the Amount of Alcoholic Beverages (Except Wine, Other Fermented Beverages and Intermediate Products), Records of Losses of Alcohol and the Methodology for the Inspection of the Amount of Alcohol; 4) Cabinet Regulation No. 518 of 18 December 2001, Regulations Regarding Norms of Losses of Raw Alcohol and Alcohol and Norms of Shortage (Losses) of Other Alcoholic Beverages in Production Undertakings (Companies) of Alcohol and Other Alcoholic Beverages; 5) Cabinet Regulation No. 532 of 18 December 2001, Procedures for the Denaturing of Alcohol and Handling of Denatured Alcohol. 3. With the coming into force of this Law the special permits (licences) for production and sale of raw alcohol and alcohol, special permits (licences) for production and sale of alcoholic beverages, and special permits (licences) for the import of alcoholic beverages and alcohol are cancelled. 4. Special permits (licences) for wholesale trade in alcoholic beverages and alcohol and special permits (licences) for retail trade in alcoholic beverages issued by 30 April 2004 shall be re-registered and shall be in force until 1 December 2004. 5. Wholesalers and retailers of beer who have not obtained relevant special permits (licences) shall receive the special permit (licence) referred to in Section 3, Paragraph one of this Law by 1 September 2004. 6. Amendments to Section 3, Paragraph 3.1, Section 6, Paragraph nine, and Section 8, Paragraphs three and four of this Law (regarding the right of a local government to determine the procedure for retail trade in alcoholic beverages in booths) shall come into force on 20 April 2010. [25 March 2010] 7. The new wording of Section 3, Paragraphs 1.1, 1.2, and 1.3, Section 3, Paragraph seven, Section 4, Paragraph four, Section 5, Paragraphs three and four, amendments to Section 3, Paragraph six, Section 6, Paragraph ten, as well as Section 8, Paragraph two (regarding the right to receive a licence on preferential conditions for an approved warehousekeeper activity and the right to receive exemptions or relief for the registration of excise duty guarantee) and exclusion of Section 13, Paragraph five of this Law shall come into force on 20 April 2010. [25 March 2010] 8. The Cabinet shall, not later than until 20 April 2010, make the necessary amendments to the relevant Cabinet regulations in order to ensure the procedure for the application of exemptions and relief provided for in Section 3, Paragraph six of this Law [25 March 2010] 9. Amendment to Section 6, Paragraph one, Clause 1 of this Law (regarding prohibition of retail trade in alcoholic beverages in official accommodation facilities of educational institutions) and Section 6, Paragraph one, Clause 1.1, as well as Paragraph 1.2 (regarding prohibition of retail trade in alcoholic beverages in premises of State and local government institutions and their territory) shall come into force on 1 September 2014. [20 June 2013] 10. Amendments to Section 6, Paragraph one, Clause 5 of this Law shall come into force on 1 August 2013. [20 June 2013] 11. Section 6, Paragraph 1.1 of this Law shall come into force on 1 January 2014. [20 June 2013] 12. Economic operators which until 31 July 2013 have received a special permit (licence) for retail trade in alcoholic beverages or retail trade in beer at the indicated point of operation where alcoholic beverages may be sold for off-premises consumption and consumption on the spot and which exceed the restriction laid down in Section 6, Paragraph one of this Law (the declared working hours are also within the time period from 22:00 to 8:00) shall submit an application to the State Revenue Service for the re-registration of the respective special permit (licence) until 30 September 2013. In such case the economic operator is exempted from the State fee for the re-registration of a special permit (licence). [20 June 2013] 13. If an application regarding re-registration of a special permit (licence) for retail trade in alcoholic beverages or retail trade in beer is not submitted until the time period referred to in Paragraph 12 of these Provisions, the State Revenue Service shall cancel the respective place of operation indicated in the special permit (licence) or the respective special permit (licence), if one place of operation is declared therein, starting from 1 October 2013. [20 June 2013] 14. Section 11, Paragraph three, Clause 5 shall come into force on 1 July 2014. [20 June 2013] 15. Amendments regarding the rewording of Section 1, Paragraph two of this Law and to Section 3, Paragraphs 1.3 and 1.4 in relation to the supplementation of the definition a small alcoholic beverage brewery with the type of alcoholic beverage "intermediate products" shall come into force on 1 March 2017. [1 December 2016] 16. The condition of Section 6, Paragraph 7.1 of this Law in relation to cash settlements for the intermediate products manufactured in a small alcoholic beverage brewery shall be applicable from 1 March 2017. [1 December 2016] 17. Section 6, Paragraphs 1.3 and 1.4 of this Law shall come into force on 1 January 2018. [8 June 2017] 18. Beer, fermented beverages, the intermediate products, and other alcoholic beverages produced until 31 December 2017, if they are not packaged in conformity with the requirements laid down in Section 6, Paragraphs 1.3 and 1.4 of this Law, shall be permitted to be sold until the end of their term of validity, but not later than until 31 March 2018. [8 June 2017] 19. Sections 9.1, 14 and 15 of this Law shall come into force concurrently with the Law on Administrative Liability. [3 October 2019] Informative References to the Directives of the European Union and Commission Regulations[25 March 2010] This Law shall come into force on 1 May 2004. This Law has been adopted by the Saeima on 22 April 2004. President V. Vīķe-Freiberga Rīga, 1 May 2004 1 The Parliament of the Republic of Latvia Translation © 2022 Valsts valodas centrs (State Language Centre) |
Document information
Title: Alkoholisko dzērienu aprites likums
Status:
In force
Language: Related documents
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