Detail of the rules that regulate the sale of alcohol in commerce and its consumption. It also spells out penalties for offenders.
Where is it forbidden to consume alcohol?
In streets, roads, squares, walks and other places of public use, under penalty of a UTM. The penalty also applies to those caught in the same places while intoxicated.
Where is it forbidden to sell alcohol?
On public roads, squares and walks; theaters, cinemas, circuses and other public entertainment centers that do not have a cabaret license; railway stations, trains and other transportation vehicles, unless the sale is made locally.
Are there restrictions to install a botillería or a bar?
Yes. Licenses for the sale of alcohol will not be issued to premises that are less than 100 meters from schools, health establishments, prisons, military sites, police stations and collective locomotion terminals. Nor can it be in places intended for the room (houses, buildings, etc.), except when there are commercial premises.
At what times should the liquor stores and bars operate?
Businesses that sell alcohol for consumption outside of the premises (such as liquor stores) may operate between 9:00 and 1:00 a.m. the next day on weekdays, and between 9:00 and 3:00 a.m. the next day on Saturdays and holidays.
Businesses that sell alcohol for consumption within the premises (such as restaurants and bars) may operate between 9:00 and 4:00 a.m. the next day on weekdays, and between 9:00 and 5:00 a.m. next day on Saturdays and holidays.
The discos can operate between 7:00 PM and 4:00 AM the next day in the week, and between 7:00 PM and 5:00 AM the next day on Saturdays and holidays.
Additionally, mayors have the power, prior agreement with the municipal council, to establish different time zones in their communes, for example to set different closing times in residential areas and tourist areas.
These restrictions are suspended on National Holidays and New Years.
What are the penalties for not respecting the schedules?
In the first instance, there will be a fine of between 4 and 12 UTM. If the offense is repeated, the fine will be 8 to 24 UTM. A third time risks the temporary closure of the premises for up to three months. And if the foul is committed for the fourth time, there will be a final closure.
If a hotel has a bar, should it close too?
Not necessarily. Hotels, tourist hotels, supermarkets, large stores and, in general, those places that have an annex where alcohol is sold, must isolate that area to comply with closing hours and that the rest of the establishment can continue to operate.
Can alcohol be sold in stadiums?
No, the sale of alcohol in any type of container in sports venues is prohibited, unless it is carried out in delimited venues that have a restaurant or circle or social club license with legal personality (for example, a golf club).
In addition, if the regional mayor qualifies a soccer match as “high risk”, he can decree the prohibition of the sale of alcohol in a maximum perimeter of five blocks surrounding the stadium, for a period of three hours before the start of the game until three hours later.
In my school a folk club is going to be made and chicha is going to be sold. Is prohibited?
Not necessarily. In principle, it is prohibited to sell, supply and consume alcohol in all educational establishments. However, the school management can authorize the consumption of alcohol, with prior authorization from the parent center and notice to the Police and the municipality, in cases of National Holidays and charitable activities (such as kermesses or dinners) up to three times in a year. calendar.
Who cannot buy or consume alcohol?
Those under 18 years of age. It is forbidden to sell alcohol to them as well as admit them in bars, taverns, cabarets and canteens, or admit minors under 16 years of age in discos. The sanctions for those who violate this measure are prison in a medium degree (21 to 40 days) and a fine of between 3 and 10 UTM.
If the offense is repeated, the fine will be between 6 and 10 UTM and closure of the premises for up to 3 months. In case of a third offense, the fine will be between 9 and 30 UTM and final closure.
However, there is an exception: a minor can be supplied with alcohol as long as they are having lunch or eating with their parents, in an area intended for dining rooms, such as a restaurant.
What is the difference between driving “under the influence” and “while intoxicated”?
“Under the influence of alcohol” is defined when the blood alcohol level is greater than 0.3 and less than 0.8 grams per thousand.
Drunk state is defined when the level of alcohol in the blood is equal to or greater than 0.8 grams per thousand.
What are the penalties for driving under the influence of alcohol?
– If no damage has been caused: a fine of between 1 and 5 UTM and suspension of the driver’s license for three months.
– If only minor material damage or injuries have been caused: a fine of between 1 and 5 UTM and suspension of the driver’s license for six months.
– If less serious injuries have been caused: imprisonment to a minimum (one to twenty days), a fine of 4 to 10 UTM and suspension of the license for nine months.
– If serious injuries have been caused: imprisonment or minor relegation to a minimum degree (from 61 to 540 days) or a fine of 11 to 20 UTM, when it matters a simple crime and suspension of the license from 18 to 36 months.
– If very serious injuries or death have been caused: maximum minor imprisonment (from three years and one day, to five years), a fine of 21 to 30 UTM and suspension of the license from 36 to 60 months. If there is a repeat offense, suspension of the license between 48 and 72 months.
The penalties of fines may be replaced, at the request of the offender, by work in favor of the community and attending talks on driving under the influence of alcohol.
What penalties are there for driving while intoxicated? – If no damage has been caused or only minor material damage or injuries are caused: minor imprisonment to a minimum degree (from 61 to 540 days), fine between 2 and 10 UTM and license suspension for two years, five years in the second occasion and cancellation of the license if it is surprised a third time.
– If serious or less serious injuries have been caused: minor prison in medium degree (541 days to three years), fine between 4 and 12 UTM and license suspension for 36 months in the case of less serious injuries, and five years in the event of serious injury. In case of recidivism, the judge will order the cancellation of the license.
If the victim was seriously injured, the penalty applied will be minor imprisonment in its maximum degree (from three years and one day to five years).
In the event that the victim dies, the penalty applied ranges from a minor prison in its maximum degree to a major prison in its minimum degree (from three years and one day to ten years in prison).
In both cases, the penalties of a fine of eight to twenty monthly tax units, of perpetual inability to drive mechanical traction vehicles and confiscation of the vehicle with which the crime has been committed will also apply, without prejudice to the rights of the owner if it is another person.
The greater penalty, of 5 years and one day to ten years, will always be applied, if any of the following circumstances have also occurred:
- If the person is a repeat offender in this type of crime, unless ten years have already passed, in the case of a crime or five years in the case of a simple crime.
- If it is a professional driver who participated in the accident while performing his duties.
- If the person responsible was driving the vehicle with his driver’s license canceled, or if he was disabled in perpetuity to drive motorized vehicles.
A person convicted of driving while intoxicated causing death or very serious injuries may receive a substitute penalty (such as probation or conditional remission of the sentence), but that penalty will be suspended for one year. This means that you must compulsorily serve one year in prison before being released. For example, if you are sentenced to three years and one day in prison with probation, that alternative sentence will only be considered after serving one year in prison
