REPUBLIC OF LITHUANIA
LAW ON ALCOHOL CONTROL
18 April 1995 No I-857
Vilnius
(As last amended on 26 April 2018 – No XIII-1130)
CHAPTER 1
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The purpose of this Law is to reduce the general consumption of alcohol, its availability, especially to minors, alcohol abuse, the damage caused by it to health and the economy and to establish the legal principles of granting economic entities the right to manufacture, sell, bring in, import and export the alcohol products, regulated in this Law.
2. This Law shall regulate the relations involving the production, sale, stocking, transporting, bringing in, importing, exporting, consumption, advertising and sponsorship and shall establish the basics of State alcohol control of the Republic of Lithuania.
3. The provisions of this Law have been harmonised with the legal acts of the European Union which are indicated in the Annex of the Law.
Article 2. Definitions
1. ‘Alcoholic beverages’ means the beverages whose ethyl alcohol strength by volume exceeds 1.2 % (in respect of beer – exceeds 0.5 %).
11. ‘Alcoholic beverages warehouse’ means premises having an independent entry and partitioned off by construction panels from the rest of the premises, or premises of a tax warehouse located in the Republic of Lithuania which are entered in the Real Property Register as warehouses where wholesale of alcoholic beverages is carried on.
2. Shop selling alcoholic beverages means a shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters).
3. Department selling alcoholic beverages means a department of the shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters).
4. Alcohol control means all of the state regulation measures, set out in legal acts, related to alcohol product production, bringing in, import, export, sale, consumption and alcohol advertising and intended to reduce alcohol consumption as well as the harm to health and economy caused by the consumption of other products containing ethyl alcohol.
5. Alcohol products means non-denatured alcohol and denatured (including dehydrated) ethyl alcohol (hereinafter referred to as “ethyl alcohol”), alcoholic beverages, alimentary and non-alimentary alcoholic solutions with fragrant material additives (hereinafter referred to as “alcoholic solutions”) and raw materials containing ethyl alcohol (hereinafter referred to as “raw materials”).
6. Export of alcohol products means the taking-out of alcohol products from the Republic of Lithuania to other states, with the exception of the European Economic Area States and Turkey.
7. Import of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania from other states, with the exception of the European Economic Area States and Turkey.
8. Entry of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania (except alcohol products brought in by natural persons) from the European Economic Area States and Turkey.
9. Batch of alcohol products means a group of units of an alcohol product produced or packed under the same conditions which are intended for sale, where this group is subject to the same product safety and conformity requirements.
10. Advertising of alcohol means the information which is disseminated in any form and through any means and which is connected with commercial, economic and financial activities of undertakings and promotes the acquisition or consumption of alcohol products.
101. ‘Mobile shop’ means a means of transportation installed as a point of sale of food meeting the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ 2004, special edition, Chapter 13, Volume 34, P. 319) with the last amendments made in Chapter III of Annex II of Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 (OJ 2009, L 87, P. 109).
11. Ethyl Alcohol (hereinafter referred to as “alcohol”) means the saturated monohydroxyl alcohol which affects the mind and may result in habit forming and dependency on it.
12. Party to the Agreement on the European Economic Area means a Member State of the European Union or an EFTA State, except the Swiss Confederation.
13. European Economic Area State means a Member State of the European Union or a State of the European Free Trade Association (EFTA).
14. European legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania).
141. ‘Outlet store of an undertaking producing alcoholic beverages’ means a trading venue of an undertaking producing alcoholic beverages where the production of the undertaking accounts for not less than 80 per cent of retail sales.
15. Undertaking means a legal person established in the Republic of Lithuania, a branch of a foreign legal person established in the Republic of Lithuania in accordance with the procedure laid down by the law.
16. Mass gatherings means the holidays, festivals and any other event intended for a large number of people and organised by state or municipal institutions, natural persons, legal persons or organisations or their branches which do not have the status of a legal person, upon having co-coordinated the time of the event and the procedure of the event organisation with the appropriate municipal institutions (where such co-ordination is required under the Republic of Lithuania Law on Assemblies).
Version valid as of 1 January 2020:
17. Retail outlet means a shop, a mobile shop and other points which engage in retail trade and which are set up pursuant to the requirements of legal acts regulating food handling.
171. ‘Minibar’ means a small bar-refrigerator (up to 55 litres) installed in a hotel room and stocked with alcoholic beverages (still and aromatised wine, naturally fermented fruit wine packed in containers of up to 250 milliliters, other alcoholic beverages (except sparkling wine, naturally fermented cider, beer and beer blends with non-alcoholic beverages) packed in containers of up to 200 milliliters, sparkling wine, naturally fermented cider, beer and beer blends with non-alcoholic beverages) for use by the residents of that hotel room.
172. ‘Fair’ means an event lasting not longer than 10 calendar days where Lithuanian and/or foreign economic entities introduce, advertise and/or sell their product, goods, services.
19. Naturally fermented alcoholic beverages means alcoholic beverages in which all of the ethyl alcohol is obtained through alcohol souring means, without further distilling and adding any alcohol products which contain distilled or rectified ethyl alcohol.
20. Time-dependent retail outlet means a retail outlet set up in a temporary construction works which is not subject to registration in the Real Property Register.
21. Time-dependent public catering establishment means a public catering establishment set up in a temporary construction works which is not subject to registration in the Real Property Register.
22. Ethyl alcohol of non-agricultural origin means the ethyl alcohol produced from the products which are not listed in Annex I to the Treaty on the Functioning of the European Union.
23. Stocks alcoholic beverages of aircrafts and ships means alcoholic beverages intended for the consumption by passengers on board the aircrafts and ships.
231. Exposition means an event lasting not longer than 30 calendar days where works of art, objects of manufacture, scientific, cultural or other achievements are shown to the public with the main purpose of educating the public in the fields of science, culture, art, industry or others.
24. Pavilion means a temporary construction works which is not subject to registration in the Real Property Register, does not have the foundation driven into the ground, manufactured in the plant or built from prefabricated structures and which has a sales area inside for providing services to customers.
Paragraph 24 will become invalid as of 1 January 2020.
25. Special trading venue means a shop set up in the warehouse of excise goods and (or) goods subject to value added tax relief, established in an international seaport or airport or in a border crossing point of the Republic of Lithuania with third countries, where such a shop sells alcoholic beverages only to passengers departing from the Republic of Lithuania.
26. Permanent retail outlet means a retail outlet set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register.
27. Permanent catering establishment means a catering establishment set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register.
29. Foreign legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania) or any other foreign state.
30. Public catering establishment means a restaurant, cafe, bar or other food handling location set up in compliance with the requirements for pubic catering laid down by legal acts regulating food handling, where food for public catering is prepared, cooked and sold.
Article 3. Principles of State Policy of Alcohol Control
The principles of the State policy of alcohol control shall be as follows:
2) to ensure through State regulation measures the State control of alcohol, protection and strengthening of the health of the population and funding of the programmes of education of minors;
6) to encourage legal persons who are engaged in alcohol business to join in implementing the State alcohol control policy;
7) to increase public information regarding the issues of the social and economic harm inflicted on health and economy through the consumption of alcohol;
8) to sponsor action programmes of health and temperance societies and thus augment the number of people who don’t consume alcoholic beverages;
12) to promote scientific research and dissemination of information concerning the harm caused to health by the consumption of alcohol;
CHAPTER II
PECULIARITIES OF STATE REGULATION OF PRODUCTION, SALE, \BRINGING IN, IMPORT, EXPORT AND CONSUMPTION OF ALCOHOL AND OTHER PRODUCTS CONTAINING ETHYL ALCOHOL.
REGULATION OF ALCOHOL PRODUCTS CLASSIFICATION, QUALITY AND PUBLIC HEALTH SAFETY REQUIREMENTS AND INDICATORS
Article 4. Peculiarities of State Regulation of Production, Sale, Bringing in, Import and Export of Alcohol Products
1. Alcohol products shall be attributed to special goods the registration, production, bringing in, import, export, sale and consumption whereof shall be subject under this law and other laws and legal acts to a special state regulation regime.
Article 5. State Regulation and its Peculiarities of Production, Sale, Bringing in, Import and Consumption of Products Containing Ethyl Alcohol
1. In the Republic of Lithuania it shall be prohibited to sell liquids (technological products, products of perfumery, cosmetic and household chemistry industry, etc.), the ethyl alcohol by volume of which exceeds 20 %, in mobile retail outlets, from temporary marketing facilities (counters, carts) installed not on the premises, from vehicles. This restriction shall not apply to tax-free shops located on ships and aircrafts carrying passengers on international routes, at expositions and fairs.
2. If the liquids (technological products, products of perfumery, cosmetic and household chemistry industry etc.), which contain ethyl alcohol are consumed as beverages which have an intoxicating effect, the Government of the Republic of Lithuania or an institution authorised by it shall have the right, based upon statistical sample survey data on the harmful consequences to health caused by consumption of these liquids, to set their accounting, production, bringing in, import, sale and consumption according to the norms prescribed by this Law.
Article 6. Regulation of Safety and Quality Indicators of Alcohol Products
The safety and quality indicators of alcohol products produced, imported, brought in and sold in the Republic of Lithuania must conform to the requirements valid in the Republic of Lithuania.
Article 7. Establishment of Conformity of Alcohol Products with the Requirements of Legal Acts
1. The State Food and Veterinary Service shall within the scope of its competence control the conformity of alcohol product safety and quality indicators with the requirements of the legal acts in force in the Republic of Lithuania. Laboratories confirmed by an institution authorised by the Government of the Republic of Lithuania, who have the right to issue documents certifying the conformity of alcohol products, shall test the alcohol products.
2. The State Food and Veterinary Service shall control the winemaking technologies employed in the production of wine products.
3. Should the control institutions authorised by this Law and other legal acts, in testing the samples of alcohol products taken in accordance with the set procedure, determine that these do not meet the requirements of legal acts, it shall be deemed that the entire batch of alcohol products from which the samples have been selected does not meet these requirements and measures of market restriction established by law shall be applied.
Article 8. Classification of Alcoholic Beverages
Alcoholic beverages produced in Lithuania, imported, brought in into the Republic of Lithuania and sold there shall be distributed in-groups, subgroups and/or categories. An institution authorised by the Government of Lithuania shall determine the groups, subgroups and/or categories, except for those, the classification whereof is determined by directly applicable legal acts of the European Union.
Article 9. Labelling of Alcoholic Beverages
1. Alcoholic beverages sold in the Republic of Lithuania must be labelled according to the procedure laid down in legal acts.
Article 10. State Regulation of Home-brewed Alcoholic Beverage Production
Production of home-brewed alcoholic beverages shall be prohibited in the Republic of Lithuania, except naturally fermented alcoholic beverages produced for personal use of natural persons (i.e. not for sale, but only for meeting own or family needs), where the ethyl alcohol strength of such beverages by volume is not over 18 per cent (for beer- no higher than 9.5 %).
Article 11. Peculiarities of State Regulation of Alcohol Product Production in the Republic of Lithuania
1. Ethyl alcohol, which is used in the production of alcoholic beverages, food and products having ethyl alcohol, must be produced only from agricultural products and be non-denatured. The Government of the Republic of Lithuania or an institution authorised by it shall set the criteria of recognition of ethyl alcohol as denatured.
2. Each batch of alcohol products produced in the Republic of Lithuania must have a document certifying the conformity of these products. The State Food and Veterinary Service shall, having co-ordinated it with the Ministry of Agriculture, approve a list of laboratories having the right to issue such documents. The beer production undertakings and undertakings producing naturally fermented mead and fruit wine, which are indicated in paragraph 2 of Article 12 of this Law and which use, under a contract, the services of food product quality research laboratories of other institutions or undertakings certified in accordance with the established procedure may, on the basis of the beer, mead or fruit wine research protocols issued by these laboratories, issue a conformity declaration of the beer, mead or fruit wine produced by them.
Article 12. Granting of the Right to manufacture Alcohol Products
1. Production of alcohol products (with the exception of the home-brewed alcoholic beverages referred to in Article 10 of this Law which are produced by natural persons for personal use) shall only be permitted for the undertakings which hold a licence to manufacture these products. The licences and copies thereof shall be issued, supplemented, the main data revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period.
2. A licence to manufacture alcoholic products shall be issued not later than within 30 calendar days from the receipt by the licensing authority of all the properly processed documents which are necessary to issue the licence. In case not all the necessary documents have been filed or they have been filled out incorrectly, or incorrect data have been submitted, the period of 30 calendar days shall be calculated from the day of the receipt of all the documents or the supplemented (updated) documents. Non-issuing of a licence or failure to submit a reply regarding the issuing of a licence within 30 calendar days shall not be regarded as the issuing of the licence.
Article 13. Procedure of Bringing-in and Import of Alcohol Products
1. It shall be permitted to import ethyl alcohol of agricultural origin only upon holding an import licence issued by an institution authorised by the Government of the Republic of Lithuania.
2. The undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania shall be permitted to import other alcohol products and import other alcohol products which are not indicated in paragraph 1 of this Article. Having brought in or imported alcohol products, the undertakings, the European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania must conform to the requirements of sale, storage and transportation set out in Section Three of Chapter III of this Law.
3. Undertakings, European legal persons and their branches shall be permitted to import alcohol products only if they hold documents certifying conformity of the alcohol products, issued by the entities (a laboratory, another institution or the producer of alcohol products) recognised by a foreign state competent authority, in which quality and harmlessness indicators must also be presented and declared, and when importing wine, grape must (hereinafter referred to as “wine products”) – if they hold a transportation document and a document containing the data of the wine product analysis. Cases when the possession of these documents is not required when importing wine products shall be established in the legal acts which are in force in the Republic of Lithuania.
4. The Customs Department under the Ministry of Finance of the Republic of Lithuania shall, in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorised by it, furnish to the institution authorised by the Government of the Republic of Lithuania the information about the alcohol products imported by undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania (except ethyl alcohol of agricultural origin).
Article 14. Procedure of Issuance of Licences to Import Ethyl Alcohol of Agricultural Origin
1. An institution authorised by the Government of the Republic of Lithuania shall issue licences to import ethyl alcohol of agricultural origin.
Article 16. Licences for Wholesale and Retail Trade in Alcohol Products
1. Only undertakings holding licences to engage in wholesale trade in alcohol products shall be allowed to engage in wholesale trade in the said products. Such licences and their copies shall be issued, supplemented and the main data thereof shall be revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period. Licences to engage in wholesale trade in alcohol products must among other things have a listing of the alcohol products permitted to be sold and must indicate the groups of alcoholic beverages as well as the location of their sale and storage.
2. Undertakings holding licences to manufacture alcohol products shall also have the right to engage in wholesale trade in the products they produce.
3. It shall be permitted to engage in retail trade in alcoholic beverages only with the licence to engage in retail trade in alcoholic beverages. Licences and their copies shall be issued, supplemented, the main data thereof shall be revised by the executive institution of an appropriate municipality. Licences to engage in seasonal retail trade in beer, beer blends with non-alcoholic beverages, naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume and alcoholic beverages the ethyl alcohol by volume of which does not exceed 22 % in resorts and other recreational and tourist areas designated by the municipal councils shall be issued to undertakings, European legal persons and their branches for the resort, recreational and tourist season period set by the municipal councils. Onetime licences to engage in trade of naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 % at expositions, naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 % at mass gatherings and fairs as well as to engage in the trade of all alcoholic beverages at expositions and fairs held in permanent buildings, shall be issued to undertakings, European legal persons and their branches having the right to engage in retail trade in alcoholic beverages of relevant groups for no longer than the time of the event’s duration. Other licences to engage in retail trade in alcoholic beverages shall be issued to undertakings, European legal persons and their branches for an indefinite duration. Undertakings, European legal persons and their branches, selling alcoholic beverages at permanent retail establishments, shall be entitled by their licence to engage in retail trade in alcoholic beverages for an indefinite duration to serve customers at outdoor locations (areas) not exceeding 40 metres from a permanent catering establishment, with the exception of the cases where the municipal council determines a shorter distance or prohibits the trade in alcoholic beverages in the open air.
Version valid as of 1 January 2020:
3. It shall be permitted to engage in retail trade in alcoholic beverages only with the licence to engage in retail trade in alcoholic beverages. Licences and their copies shall be issued, supplemented, the main data thereof shall be revised by the executive institution of an appropriate municipality. Onetime licences to engage in trade of naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 % at expositions, naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 % at mass gatherings and fairs as well as to engage in the trade of all alcoholic beverages at expositions and fairs held in permanent buildings, shall be issued to undertakings, European legal persons and their branches having the right to engage in retail trade in alcoholic beverages of relevant groups for no longer than the time of the event’s duration. Other licences to engage in retail trade in alcoholic beverages shall be issued to undertakings, European legal persons and their branches for an indefinite duration. Undertakings, European legal persons and their branches, selling alcoholic beverages at permanent retail establishments, shall be entitled by their licence to engage in retail trade in alcoholic beverages for an indefinite duration to serve customers at outdoor locations (areas) not exceeding 40 metres from a permanent catering establishment, with the exception of the cases where the municipal council determines a shorter distance or prohibits the trade in alcoholic beverages in the open air.
4. The undertakings, European legal persons and their branches which apply for a licence to engage in wholesale trade in alcohol products or a licence to engage in retail trade in alcoholic beverages must be issued such a licence not later than within 30 calendar days from the receipt by the licensing authority of all the properly processed documents which are necessary to issue the licence. In case not all the necessary documents have been filed or they have been filled out incorrectly, or incorrect data have been submitted, the period of 30 calendar days shall be calculated from the day of the receipt of all the documents or the supplemented (updated) documents. If the licensing authority does not issue a licence within the set period and does not present a reasoned written refusal to issue such a licence, it shall be considered that the licence has been issued. In this event, the licensing authority must, within one working day from the end of the period specified in this paragraph, send the licence to the undertaking, European legal person and its branch in the manner indicated in the application for a licence as a desirable way of getting the licence.
5. The Drug, Tobacco and Alcohol Control Department shall control activities related to the issuance of licences in the municipalities and carry out the monitoring of such activities.
6. The licences to engage in retail trade in alcoholic beverages must, inter alia, also have entries indicating the groups of alcoholic beverages the sale of which is permitted, as well as the location of sale and storage of the alcoholic beverages.
Article 161. Point of sale of alcoholic beverages
Under this Law, a point of sale of alcoholic beverages shall be the premises of shops, pavilions, restaurants, cafes, bars, buffets, other premises of retail trade and catering establishments, mobile shops where alcoholic beverages are sold to consumers, also minibars in hotel rooms. If alcoholic beverages are sold not at separate premises designated for trade in the places where concerts, circus shows, sports events, discotheques and other mass gatherings (held on the premises), theatrical performances are held or motion pictures and video films are shown, a point of trade in alcoholic beverages shall be a part of the premises designated for trade where the sale and use of alcoholic beverages are permitted. When providing services to customers in the open air, a point of sale of alcoholic beverages shall be a point of sale of alcoholic beverages as well as places installed for use of alcoholic beverages (tables, shelters, other instalments).
Version valid as of 1 January 2020:
Article 161. Point of sale of alcoholic beverages
Under this Law, a point of sale of alcoholic beverages shall be the premises of shops, restaurants, cafes, bars, buffets, other premises of retail trade and catering establishments, mobile shops where alcoholic beverages are sold to consumers, also minibars in hotel rooms. If alcoholic beverages are sold not at separate premises designated for trade in the places where concerts, circus shows, sports events, discotheques and other mass gatherings (held on the premises), theatrical performances are held or motion pictures and video films are shown, a point of sale of alcoholic beverages shall be a part of the premises designated for sale where the sale and use of alcoholic beverages are permitted. When providing services to customers in the open air, a point of trade in alcoholic beverages shall be a point of sale of alcoholic beverages as well as places installed for use of alcoholic beverages (tables, shelters, other instalments).
Article 17. Requirements of Sale, Acquisition, Storing and Transportation of Alcohol Products
1. It shall be prohibited to sell in the Republic of Lithuania:
1) alcohol products without having documents certifying the conformity of the alcohol products in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;
2) alcohol products not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of product acquisition or transportation;
3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) which do not bear duty stamps according to the procedure established by the Government of the Republic of Lithuania;
5) alcohol products whose safety and/or quality indicators do not meet the requirements in force in the Republic of Lithuania;
6) alcoholic beverages the labelling of which does not meet the requirements in force in the Republic of Lithuania;
9) ethyl alcohol for natural persons, except for non-denatured ethyl alcohol of agricultural origin sold in pharmacies to natural persons in accordance with the procedure established by the Ministry of Health of the Republic of Lithuania (hereinafter referred to as “the Ministry of Health”);
11) alcohol products without holding a licence issued according to the procedure established by the Government of the Republic of Lithuania;
2. Undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania shall be prohibited from storing and transporting in the Republic of Lithuania:
1) alcohol products without having documents certifying the conformity of the alcohol products in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;
2) alcohol products not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of acquisition or transportation of such products;
3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) which do not bear duty stamps according to the procedure established by the Government of the Republic of Lithuania;
5) alcoholic beverages whose labelling does not meet the requirements in force in the Republic of Lithuania;
9) alcohol products without holding a licence issued in accordance with the procedure established by the Government of the Republic of Lithuania for alcohol product production, import and wholesale or retail trade, except for the cases set forth in paragraph 3 of this Article;.
10) alcohol products without holding at the trading venue/storage place and/or during their transportation a copy of mandatory legally valid documents of acquisition or transportation of such products;
3. The requirements of point 9 of paragraph 2 of this Article shall not apply to:
1) the alcoholic beverages which are stored or transported by the undertakings which use these beverages as food product raw materials, also undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which have acquired alcoholic beverages for representational purposes in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;
2) the ethyl alcohol stored and transported by the undertakings entitled to import ethyl alcohol of agricultural origin;
3) the raw materials stored and transported by the undertakings which have the right to import raw materials as well as undertakings which use cider, grape, fruit and berry wine raw materials to manufacture vinegar;
4) the alcoholic solutions stored and transported by the undertakings which have the right to import alcoholic solutions, undertakings which use alcoholic solutions for production purposes as well as undertakings which engage in retail trade in alcoholic solutions bottled in disposable packaging of not more than 20 millilitres;
5) the alcohol products which are stored or transported by the persons providing transport services and economic entities of other European Economic Area states and Turkey who are in possession of the mandatory legally valid documents of the acquisition or transportation of these products;
6) the alcoholic beverages which are stored and transported by managers of ships and owners (or users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes;
7) ethyl alcohol which is used in production (including production of bio-fuels or bio-fuels mixed with fuels meeting the requirements of the Law of the Republic of Lithuania on Energy from Renewable Sources where this production uses non-denatured dehydrated and dehydrated denatured ethyl alcohol as well as the cases when using ethyl alcohol during the manufacturing operations it turns into another alcohol product which is fully used up for the production of any other end product which is not an alcohol product) as well as for technical, medical, veterinary needs or for scientific research operations and which is acquired, stored, transported and used by the undertakings, European legal persons and their branches which hold the authorisations issued according to the procedure established by the Government of the Republic of Lithuania, with the exception of the cases laid down in paragraph 2 of Article 183 of this Law when the authorizations are not mandatory.
4. Natural persons shall be prohibited from acquiring in the Republic of Lithuania alcoholic beverages which do not bear duty stamps in accordance with the procedure established by legal acts. Natural persons shall be prohibited from consuming, storing and transporting alcohol products in an open packaging in the passenger compartments of cars, with the exception of the motor vehicles which have a fixed partition between the passenger and driver compartments. Natural persons who possess a business certificate, granting the right to engage in catering trade in foodstuff, and who carry out the activities provided for in such a business certificate shall be prohibited from storing and transporting alcohol products in mobile shops specially adjusted for the said trade during their working hours; taxi drivers shall also be prohibited from storing and transporting alcohol products in taxicabs during their working hours. It shall be prohibited for natural persons to take alcoholic beverages from the catering establishments where they have purchased them on Mondays-Saturdays until 10:00 and from 20:00, on Sundays until 10:00 and from 15:00. The procedure for storing and transporting alcohol products, which is applied to natural persons, shall be established by the Government of the Republic of Lithuania or an institution authorised by it.
5. The undertakings which hold licences to manufacture alcohol products, engage in wholesale trade therein as well as the undertakings, European legal persons and their branches which hold licences to engage in retail sale of alcoholic beverages shall be prohibited from authorising other persons to engage in the activities indicated in the licence or to transfer this right to other persons under a contract.
6. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to manufacture alcoholic beverages, licences to engage in wholesale trade in them, and to sell them to the undertakings which hold licences to engage in wholesale or retail trade therein, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages, also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania purchasing alcoholic beverages for representational needs, to managers of ships and owners (users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes, to undertakings using alcohol products as the raw material of food products, economic entities of other European Economic Area states and Turkey and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold.
7. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to manufacture alcoholic beverages or licences to engage in wholesale trade therein and shall be permitted to sell them to natural persons and also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which are purchasing alcoholic beverages for representational needs, to undertakings using alcoholic beverages as the raw material of food products, and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings which hold licences in engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold.
8. The undertakings which hold licences to manufacture alcoholic beverages shall be permitted to sell them to:
1) the undertakings which hold licences to engage in wholesale or retail trade in alcoholic beverages, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages;
3) undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which purchase alcoholic beverages for representational needs in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it and foreign diplomatic missions, consular posts and representations of international organisations accredited with the Ministry of Foreign Affairs of the Republic of Lithuania;
9. The undertakings which hold licences to manufacture ethyl alcohol or engage in wholesale trade therein shall be permitted to sell it to:
1) the undertakings, European legal persons and their branches which use ethyl alcohol for production, technical, medical, veterinary needs and in scientific research operations, according to the procedure established by the Government of the Republic of Lithuania;
10. The undertakings which hold licences to manufacture raw materials or engage in wholesale trade therein shall be permitted to sell them to:
1) the undertakings which hold licences to manufacture alcohol products, licences to engage in wholesale trade in raw materials;
2) the undertakings using cider, grape, fruit and berry wine raw materials in the production of vinegar;
11. The undertakings which hold licences to manufacture alcoholic solutions or to engage in wholesale trade therein shall be permitted to also sell them (bottled in disposable containers of more than 20 millilitres) to:
12. The undertakings which hold licences to manufacture alcohol products and licences to engage in wholesale trade therein shall also be permitted to export these products.
13. The undertakings, European legal persons and their branches which, in accordance with the established procedure, have acquired ethyl alcohol for production, technical, medical, veterinary needs and scientific research operations shall be prohibited from using it for other purposes.
14. Natural persons, heads of legal persons established in the Republic of Lithuania, heads of foreign legal persons or their branches or persons authorised by them who administer markets must exercise monitoring of the markets administrated by them (take all legal and organisational measures) seeking that alcoholic beverages would not be sold in the markets administrated by them and/or alcoholic beverages would not be transported to, stored in the said markets without the licence to engage in retail sale of alcoholic beverages. Natural persons, heads of legal persons established in the Republic of Lithuania, heads of foreign legal persons or their branches or persons authorised by them who administer markets, having noticed or suspected that a legal person established in the Republic of Lithuania, a foreign legal person or its branch or a natural person sells alcoholic beverages in the markets administrated by them and/or transports, stores alcoholic beverages without the licence to engage in retail sale of alcoholic beverages must immediately, but not later than on the same working day of the market administrated by them, notify this fact to the police.
15. Undertakings holding licences to manufacture alcohol products, to engage in wholesale trade in alcohol products, also undertakings, European legal persons and their branches holding licences to engage in retail trade in alcohol products shall be prohibited from engaging in the activities specified in the licence and to store alcohol products specified in the licence in the location other than the location indicated in the licence.
Article 18. Procedure of Retail Trade in Alcoholic Beverages
1. In the Republic of Lithuania, it shall be permitted to sell:
1) alcoholic beverages at permanent shops selling alcoholic beverages, departments selling alcoholic beverages, permanent catering establishments, in general sections of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at expositions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special trading venues;
2) naturally fermented cider, beer and beer blends with non-alcoholic beverages, bottled by the plant, the ethyl alcohol strength of which by volume does not exceed 7.5 %) in pavilions, mobile shops (which serve the rural population according to the procedure established by a municipal council);
3) alcoholic beverages the ethyl alcohol by volume of which does not exceed 22 %, in temporary catering establishments during a resort, recreational and tourist season period set by a municipal council;
4) naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %, at expositions;
Version valid as of 1 January 2020:
1. In the Republic of Lithuania, it shall be permitted to sell:
1) alcoholic beverages at permanent shops selling alcoholic beverages, departments selling alcoholic beverages of permanent shops, permanent catering establishments, in general sections of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at expositions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special sales outlets;
2) naturally fermented cider, beer and beer blends with non-alcoholic beverages, bottled by the plant, the ethyl alcohol strength of which by volume does not exceed 7.5 % in mobile shops (which serve the rural population according to the procedure established by a municipal council);
3) naturally fermented alcoholic beverages the ethyl alcohol strength of which by volume does not exceed 13 % at expositions;
3. In the Republic of Lithuania, the sale of alcoholic beverages shall be prohibited:
1) in places of confinement, premises housing military and equated services, police and other statutory, health care, education establishments as well as in the vicinity of these establishments and places of worship. Having received a written request of the heads of the said establishments or religious communities and having evaluated whether or not in order to protect public security, public interest and/or public policy it is necessary to prohibit the sales of alcoholic beverages near the establishments or places of worship the request of the heads of which is received, a municipal council shall establish within what distance from the territory of such an establishment or a place of worship the sales of alcoholic beverages are prohibited;
2) in the retail outlets in which the amount of goods intended for children and adolescents comprises 30 or more per cent of the turnover of the retail goods;
3) at and fairs mass gatherings (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 %) and at the expositions (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %);
6) at temporary retail establishments and catering establishments. This prohibition shall not apply to alcoholic beverages sold on international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, at the expositions and fairs held in permanent buildings, in mini-bars installed in hotel rooms as well as in the cases listed in points 2-4 of paragraph 1 of this Article;
7) at the retail establishments, catering establishments set up in the warehouses of wholesale establishments and importers in which wholesale trade in alcoholic beverages is carried on;
8) at retail outlets which are not totally isolated from the living or other quarters not connected with the organisation of sale or stocking of goods;
9) during sport competitions. This prohibition shall not apply to alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 %;
10) on 1 September each year, except for catering establishments. This prohibition shall not apply to the alcoholic beverages sold in catering places, on international trains, ships, aircrafts carrying passengers on international routes, in mini-bars installed in hotel rooms as well as in the tax-free shops and special trading venues;
11) on Mondays-Saturdays until 10:00 and from 20:00 and on Sundays until 10:00 and from 15:00 in retail outlets (with the exception of the cases limited by municipal councils). This prohibition shall not apply to alcoholic beverages sold on international trains, ships, aircrafts carrying passengers on international routes, in minibars installed in hotel rooms, in the tax-free shops and special trading venues;
12) during festivities, mass gatherings, concerts, theatre performances, circus shows and other events intended for minors;
13) on Mondays-Saturdays until 10:00 and from 20:00 and on Sundays until 10:00 and from 15:00 in catering establishments holding licences to engage in retail trade in alcoholic beverages. This prohibition shall not apply in catering establishments holding licences to engage in retail trade in alcoholic beverages, when selling alcoholic beverages on tap or alcoholic beverages which are sold in an open packaging to be consumed at the point of sale;
Version valid as of 1 January 2020:
4. It shall be prohibited to sell in the Republic of Lithuania:
1) alcoholic beverages on tap. This prohibition shall not apply to alcoholic beverages sold at permanent catering establishments, at the expositions and fairs taking place in permanent buildings, international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, the alcoholic beverages (ethyl alcohol by volume of which does not exceed 22 %) sold at temporary catering establishments during a resort, recreational and tourist season period established by a municipal council, also beer, beer blends with non-alcoholic beverages and naturally-fermented cider on tap sold in outlet stores of undertakings producing alcoholic beverages, beer, beer blends with non-alcoholic beverages, naturally fermented mead and naturally-fermented cider (ethyl alcohol by volume of which does not exceed 7.5 %) on tap sold at expositions, fairs and other mass gatherings;
Version valid as of 1 January 2020:
1) alcoholic beverages on tap. This prohibition shall not apply to alcoholic beverages sold at permanent catering establishments, at the expositions and fairs taking place in permanent buildings, international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, also beer, beer blends with non-alcoholic beverages and naturally-fermented cider on tap sold in outlet stores of undertakings producing alcoholic beverages, beer, beer blends with non-alcoholic beverages, naturally fermented mead and naturally-fermented cider (ethyl alcohol by volume of which does not exceed 7.5 %) on tap sold at expositions, fairs and other mass gatherings;
4) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails the ethyl alcohol by volume of which exceeds 7.5 %, bottled in packaging of more than 0.5 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging;
5) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails the ethyl alcohol by volume of which does not exceed 7.5 %, bottled in packaging of more than 1 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging.
5. The salespersons of alcoholic beverages shall have the right to require from all persons purchasing alcoholic beverages to produce an identity document and when doubts arise that a person is younger than 25 years of age the salespersons of alcoholic beverages must require from the person purchasing alcoholic beverages to produce an identity document. Should such a person fail to show the identity document, the salespersons of alcoholic beverages must refuse to sell him alcoholic beverages.
6. Purchasers of alcoholic beverages shall have the right to obtain at the trading venue the comprehensive, correct, accurate and straightforward information concerning the goods being purchased.
8. Municipal councils shall have the right to restrict or prohibit trade in alcoholic beverages during festivities, expositions, concerts, theatre performances, circus shows and other mass gatherings.
9. Seeking to ensure public order and public security and having evaluated a point of sale of alcoholic beverages and the written opinion of residents, societies, communities or representatives thereof, associations or other institutions, proposals of police commissioner’s offices, municipal councils shall have the right to restrict the time during which it is allowed to sell alcoholic beverages, to determine places and/or territories where the sale of alcoholic beverages is prohibited, or not to issue a licence to engage in retail trade in alcoholic beverages.
CHAPTER IV
REQUIREMENTS FOR PERSONS SEEKING TO OBTAIN A LICENCE OR
AN AUTHORISATION, PROCEDURE FOR ISSUING LICENCES,
REFUSAL TO ISSUE A LICENCE AND AN AUTHORISATION,
AND CONDITIONS OF LICENSED ACTIVITIES
Article 181. Requirements for persons seeking to obtain a licence
1. Undertakings, European legal persons and their branches which have applied for a licence to manufacture alcoholic products, to engage in wholesale trade in alcoholic beverages or to engage in retail trade in alcoholic beverages (hereinafter: an ‚applicant for a licence‘) shall be issued a licence if they meet the following requirements:
1) they do not have tax arrears to the state budget of the Republic of Lithuania, municipal budgets or funds, the taxes paid to such budgets or funds are administrated by the State Tax Inspectorate (except for the cases of deferral of the payment of taxes, interest, fines for an undertaking, a European legal person or its branch or a tax dispute is held in relation to these taxes, interest, fines), and they have no arrears to the budget of the State Social Insurance Fund. This provision shall not apply to applicants for a licence who already have licences to engage in retail trade in alcoholic beverages and seek a one-time licence to trade in such beverages at mass gatherings, expositions and fairs;
2) the licence has not been revoked for an applicant for a licence in the cases set out in paragraph 17 and/or point 4 of paragraph 19 of Article 34 of this Law;
3) at the time of submission of an application for a licence, the heads of the applicant for the licence are not and were not the heads or other employees specified in paragraph 17 of Article 34 of this Law of the undertakings or European legal persons or their branches for whom the licences were revoked during the management of the said heads in the cases set out in paragraph 17 and/or point 4 of paragraph 19 of Article 34 of this Law;
4) there is no effective judgment of conviction, court ruling or order, an effective relevant decision issued by the customs, the State Tax Inspectorate, the police, the State Non Food Products Inspectorate or the Drug, Tobacco and Alcohol Control Department in respect of an applicant for a licence or its head or other employees specified in paragraph 17 of Article 34 of this Law regarding the imposition of a penalty for the contraband of alcohol products, the illegal sale, storage or shipment of alcohol beverages without the excise stamps, the sale, storage or shipment of counterfeit alcohol products;
5) within the last five years until the submission of an application for a licence, the heads of the applicant for the licence were not the heads of the undertakings, European legal persons or their branches subject to the imposition of economic sanctions for the production, sale and/or storage of alcoholic products, or their shipment in the Republic of Lithuania without the licence issued in accordance with the procedure laid down by the Government of the Republic of Lithuania;
6) an applicant for a licence has been issued a certificate of a food handling entity (this provision does not apply to the undertakings wishing to obtain a licence to manufacture denatured ethyl alcohol, non-alimentary alcoholic solutions with fragrant material additives and/or non-denatured dehydrated and denatured dehydrated ethyl alcohol intended to be used in the production of biofuels and/or biofuels mixed with fuels meeting the requirements of the Law of the Republic of Lithuania on Energy from Renewable Sources, or to obtain licences to engage in wholesale trade in them).
2. A licence to manufacture alcoholic products shall be issued to undertakings, if, besides the requirements referred to in paragraph 1 of this Article, such undertakings also meet the following requirements:
1) the licence to manufacture alcoholic products has not been revoked for the undertaking in the cases set out in points 1 and/or 5 of paragraph 19 of Article 34 of this Law during the last year preceding the submission of the application for the licence;
2) the licence to manufacture alcohol products has not been revoked for the undertaking in the cases set out in paragraph 16 and/or point 3 of paragraph 19 of Article 34 of this Law during the last five years preceding the submission of the application for the licence;
3) during the last five years preceding the submission of the application for the licence the heads of the undertakings wishing to obtain the licences have not been the heads of the undertakings for which the licences to manufacture alcohol products were revoked in the cases set out in paragraph 16 of Article 34 of this Law;
4) the undertaking holds normative documents approved in accordance with the procedure laid down by an institution authorised by the Government of the Republic of Lithuania setting safety and quality indices for such products that meet the safety and quality indices applied to alcohol products;
6) the undertakings have a laboratory for testing the quality of alcohol products, which is certified in accordance with the procedure laid down by an institution authorised by the Government of the Republic of Lithuania. This requirement shall not apply to the undertakings specified in point 7 of this paragraph;
7) the undertakings which manufacture up to 5 000 hectolitres of beer, up to 100 hectolitres of naturally fermented mead or fruit wine, do not have financial and/or technical possibilities to install their own laboratory and have concluded agreements with other institutions or undertakings for using services of their certified laboratories for testing the quality of food products;
8) the qualification of the personnel of the laboratory for testing the quality of alcohol products as well as of the manufacturing personnel of the undertaking meets the requirements for the qualification of the personnel of undertakings manufacturing alcohol products approved by an institution authorised by the Government of the Republic of Lithuania. The requirement referred to in point 7 of this paragraph regarding the qualification of the personnel of a laboratory for testing the quality of alcohol products shall not apply to the undertakings specified in the said point, which do not hold a laboratory for testing the quality of alcohol products.
3. Licences to engage in wholesale trade in alcohol products shall be issued to undertakings which, besides the requirements specified in paragraph 1 of this Article, meet the following requirements:
1) the licence to engage in wholesale trade in alcoholic products was not revoked for the undertaking in the cases set out in points 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law during the year preceding the submission of the application for the licence;
2) the licence to engage in wholesale trade in alcohol products was not revoked for the undertaking in the cases set out in paragraph 16 and/or point 3 of paragraph 19 of Article 34 of this Law during the last five years preceding the submission of the application for the licence;
3) during the last five years preceding the submission of the application for the licence the heads of the undertakings wishing to obtain the licences were not the heads of the undertakings for which the licences to engage in wholesale trade in alcohol products were revoked in the cases set out in paragraph 16 of Article 34 of this Law;
5) the undertaking has an alcoholic beverages wholesale warehouse (applied to undertakings wishing to acquire licences to engage in wholesale trade in alcohol beverages);
4. Licences to engage in retail trade in alcoholic beverages shall be issued for applicants for the licence, if, besides the requirements specified in paragraph 1 of this Article, they meet the following requirements:
1) the licence to engage in retail trade in alcoholic beverages has not been revoked for the undertaking in the cases set out in points 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law during the last year preceding the submission of the application for the licence;
2) during the last year preceding the submission of the application for the licence, the licence to engage in retail trade in alcoholic beverages has not been revoked for the applicant for the licence in the cases set out in points 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law in the trading venue in respect of which the licence is applied for;
3) the applicant for a one-time licence to engage in retail trade in alcoholic beverages at mass gatherings, expositions and fairs has not violated the requirement of point 3 of paragraph 4 of Article 18 of this Law during the last year while trading in alcoholic beverages at mass gatherings, expositions and fairs held within the municipality in which the applicant is applying for a one-time licence to engage in retail trade in alcoholic beverages at mass gatherings, expositions and fairs;
4) the applicant for a licence to engage in retail trade in alcoholic beverages in a tax-free shop fulfils the obligations to the customs authorities;
5) activities planned to be carried out by applicants for the licence wishing to engage in retail trade in alcoholic beverages in retail trade and catering points installed in multi-apartment buildings are not opposed by the residents of a concrete multi-apartment building (applicants for the licences submit in accordance with the procedure laid down by the Government of the Republic of Lithuania the consent of the majority of the owners of the residential premises and tenants of the non-privatized apartments of a concrete multi-apartment building which must specify the scheduled time of trade in alcoholic beverages and the type of activities planned to be carried out by the applicant for the licence. If the consent does not specify the scheduled time of trade in alcoholic beverages and/or the type of activities planned to be carried out by the applicant of the licence, such consent shall be deemed invalid. If an apartment or any other premises belong to several owners by the right of ownership, they are represented by the agreement between them by the single person with one vote). The said consent shall not be submitted if prior to this the undertaking or European legal person or its branch that operated on the same premises of the concrete multi-apartment building held the licence to engage in retail trade in alcoholic beverages and no complaints were filed by the residents of the multi-apartment during the validity of the licence which resulted in the imposition of the effective administrative penalties, if the time of trade in alcoholic beverages and the type of activities do not change (the provision does not apply if, before the application for a new license, alcoholic beverages have not been marketed for more than one year).
Article 182. Requirements for persons seeking to obtain authorisations
Authorisations to purchase non-denatured ethyl alcohol and authorisations to purchase and/o ruse denatured ethyl alcohol shall be issued to undertakings, European legal persons and their branches, if they meet the following requirements:
1) there is no effective judgment of conviction, court ruling or order, an effective relevant decision issued by the customs, the State Tax Inspectorate, the police, the State Non Food Products Inspectorate or the Drug, Tobacco and Alcohol Control Department in respect of an undertaking, European legal person or its branch or its heads (if they have acted in the name of or on behalf of the undertaking, European legal person or its branch) regarding the imposition of a penalty for the contraband of alcohol products, the illegal sale, storage or shipment of alcohol beverages without the excise stamps, the sale, storage or shipment of counterfeit alcohol products;
2) ethyl alcohol indicated in the application for an authorisation of the undertaking, European legal person or its branch meets the fields of use of formulas of denaturing of ethyl alcohol;
Article 183. Procedure for issuing, clarifying and supplementing authorisations
1. Authorisations to purchase non-denatured ethyl alcohol, authorisations to purchase and/or use denatured ethyl alcohol shall be issued within 15 working days, clarified or supplemented within five working days from the receipt by an authorising authority of all properly executed documents necessary for issuing, supplementing or clarifying an authorisation. In case not all the necessary documents have been filed or they have been filled out incorrectly, or incorrect data have been submitted, the period of time indicated in this paragraph shall be calculated from the day of the receipt of all the documents or the supplemented (clarified) documents.
2. Authorisations to purchase non-denatured ethyl alcohol, authorisations to purchase and/or use denatured ethyl alcohol shall not be necessary for economic entities:
1) which purchase within one year not more than 10 litres of non-denatured ethyl alcohol and/or denatured ethyl alcohol from undertakings holding the licences to manufacture such products or licences to engage in wholesale trade in such products;
2) which purchase and/or use denatured ethyl alcohol for the production of biofuels and/or biofuels mixed with fuels meeting the requirements of the Law of the Republic of Lithuania on Energy from Renewable Sources, where denatured ethyl alcohol is carried with documents accompanying the carriage of excise goods or simplified documents accompanying the carriage of excise goods to warehouse of excise goods;
Article 184. Refusal to Issue a Licence
Licences to manufacture alcohol products, to engage in wholesale trade in them or to engage in retail trade in alcoholic beverages shall not be issued in the following cases:
1) the applicant for a licence submits not all necessary documents, submits documents which are incorrectly filled out and fails to meet the requirements of the licensing authority to submit the missing documents or to correct the said shortcomings in the documents;
2) the applicant for a licence fails to meet the requirements set out in paragraph 1 of Article 181;
2. In addition to the requirements provided for in paragraph 1 of this Article, licenses to manufacture alcohol products shall not be issued also in cases where the applicant for the licence does not comply with the requirements specified in paragraph 2 of Article 181 of this Law. If the applicant for the licence does not comply with the requirements specified in point 1 of paragraph 2 of Article 181 of this Law, the licence shall not be issued to him for one year after the date of revocation of the previously held licence. If the applicant for the licence does not comply with the requirements set out in points 2 and 3 of paragraph 2 of Article 181 of this Law, the licence shall not be issued to him for a period of five years after the date of revocation of the previously held licence.
3. In addition to the requirements provided for in paragraph 1 of this Article, licences to engage in wholesale trade in alcoholic products shall not be issued also in cases where the applicant for the licence does not comply with the requirements set out in paragraph 3 of Article 181 of this Law. If the applicant for the licence does not comply with the requirements specified in point 1 of paragraph 3 of Article 181 of this Law, the licence shall not be issued to him for one year after the date of revocation of the previously held licence. If the applicant for the licence does not comply with the requirements set out in points 2 and 3 of paragraph 3 of Article 181 of this Law, the licence shall not be issued to him for a period of five years after the date of revocation of the previously held licence.
4. In addition to the requirements provided for in paragraph 1 of this Article, licences to engage in retail trade in alcoholic beverages shall not be issued in the following cases:
1) if the applicant for the licence does not comply with the requirements specified in paragraph 4 of Article 181 of this Law. If the applicant for the licence does not comply with the requirements specified in point 1 of Paragraph 4 of Article 181 of this Law, the licences shall not be issued for one year from the date of revocation of the previously held licence. If the applicant for the licence does not comply with the requirements specified in point 2 of paragraph 4 of Article 181 of this Law, the licence to engage in retail trade in alcoholic beverages at the trading venue where the violation has been established shall not be issued to the applicant for the licence who made it for one year after the date of revocation of the previously held licence. If the applicant for the licence does not comply with the requirements established in point 3 of paragraph 4 of Article 181 of this Law, one year from the date of the violation he shall not be issued a one-time licence to engage in retail trade in alcoholic beverages at mass gatherings, expositions and fairs organized in the municipality where the violation was established;
2) when a municipal council adopts a reasoned decision not to issue a licence seeking to ensure public order and public security, and considering the point of sale of alcoholic beverages, the written opinion of residents, communities, associations or their representatives, associations or other institutions in writing, the proposals of the police commissariats.
Article 185. Refusal to Issue an Authorisation
Authorisations to purchase non-denatured ethyl alcohol and authorisations to purchase and/or use denatured ethyl alcohol shall not be issued in the following cases:
1) the undertaking, European legal person or its branch submits not all necessary documents, documents which are incorrectly filled out and fails to meet the requirements of the authorising authority to submit the lacking documents or to address the said shortcomings;
2) the undertaking, European legal person or its branch does not comply with the requirements set out in 182 of this Law. If the undertaking, European legal person or its branch does not comply with the requirements specified in paragraph 3 of Article 182 of this Law, new authorisations shall not be issued for one year after the date of revocation of the previously held authorisation;
Article 186. Terms of licensed activities
1. Undertakings holding the licenses referred to in paragraphs 1 of Article 12 and paragraph 1 of Article 16 of this Law as well as undertakings, European legal persons and their branches holding the licenses referred to in paragraph 3 of Article 16 of this Law and the authorisations specified in point 7 of Paragraph 3 of Article 17 of this Law must comply with the requirements for the manufacturing, trading, storage and transportation of alcohol products specified in this Law.
2. Undertakings licensed to manufacture and engage in wholesale trade in alcohol products as well as undertakings, European legal persons and their branches licensed to engage in retail trade in alcoholic beverages must inform the licensing authority of the changed head of the undertaking, the European legal person or its branch within 10 working days of his employment.
3. Undertakings, European legal persons and their branches licensed to engage in retail trade in alcoholic beverages must apply to the licensing authority for revision of the licence, where the municipal council, in accordance with paragraph 9 of Article 18 of this Law, restricts the time of an undertaking, European legal person or its branch for the manufacturing of alcoholic beverages, within five working days from the receipt of a written notification by the municipal executive body regarding the restriction laid down by the municipal council.
4. On expiry of a calendar month, undertakings licensed to manufacture alcohol products shall, by the 20th day of the following month at the latest, submit to the Drug, Tobacco and Alcohol Control Department monthly data on the volume of manufacturing and sale of alcohol products according to the model form approved by the Drug, Tobacco and Alcohol Control Department.
5. On expiry of a calendar month, undertakings selling non-denatured ethyl alcohol and denatured ethyl alcohol must, by the 10th of the following month at the latest, submit to the Drug, Tobacco and Alcohol Control Department a report on the amount of non-denatured ethyl alcohol and denatured ethyl alcohol sold within a month.
6. On expiry of a calendar month, economic entities, having purchased the non-denatured ethyl alcohol or having purchased and/or used denatured ethyl alcohol according to the authorisations issued by the Drug, Tobacco and Alcohol Control Department, must, by the 10th of the following month at the latest, submit to the Drug, Tobacco and Alcohol Control Department a report on the use of these products.
7. An undertaking, a European legal person or its branch licensed to engage in retail trade in alcoholic beverages and suspending or terminating the activities indicated in this licence, must, within 30 days after the suspension or termination of the activity indicated in the licence, apply to the licensing authority for suspension or revocation of the licence. The licence shall be suspended for a period specified by the undertaking, European legal entity or its branch or for an indefinite period. Suspension of the activities indicated in the licence shall be deemed to be a temporary non-execution of retail trade in alcoholic beverages, which lasts for at least one year.
Article 19. Planning of Reduction in General Consumption of Alcohol
Long-term indicators of reduction in the general consumption of alcohol must be established in a programme of the Government of the Republic of Lithuania.
Article 20. Statistics of the Harm Caused to Health and Economy through the Consumption of Alcohol products
1. Monitoring of the consumption of alcohol and the harm caused by it to health and the economy shall be conducted in the Republic of Lithuania according to the procedure established by the Government of Lithuania and co-ordinated with the National Health Council.
Article 21. Peculiarities of Determination of Minimum Standard of Living
It shall be prohibited to include alcoholic beverages in the minimum assortment of food products and non-food products and services in order to estimate the minimum standard of living.
Article 22. Restriction of Alcoholic Beverage Consumption
1. In the Republic of Lithuania, consumption of alcoholic beverages shall be prohibited in:
1) places of confinement, the premises housing military and equated services, the police and other statutory, health care, education establishments and areas thereof;
2) state and municipal institutions and agencies. This provision shall not apply to official receptions, other functions involving protocol, ceremonies of registration of marriages carried out on the premises of the said institutions and agencies, as well as to the catering establishments set up in these institutions and agencies, where the undertakings, European legal persons or their branches hold licences to engage in retail trade in alcoholic beverages;
3) all types of public transport, except for international trains, narrow-gauge railway trains and the ships which contain separate catering establishments, and also the aircrafts flying beyond the borders of the Republic of Lithuania;
4) in public places, except for the catering establishments holding licences to engage in retail trade in alcoholic beverages;
6) during festivities, expositions, concerts, theatre performances, circus shows and other mass gatherings in respect of which a municipal council’s decision is taken, as provided for in paragraph 8 of Article 18;
7) at expositions, fairs and mass gatherings, except the alcoholic beverages acquired at expositions, fairs and mass gatherings where undertakings, European legal persons or their branches have been issued licences in accordance with the procedure laid down by municipal councils to engage in the sale of alcoholic beverages.
2. In the Republic of Lithuania persons under the age of 22 shall be prohibited from consuming alcoholic beverages or from possessing them. The prohibition to possess alcoholic beverages shall not apply to persons from the age of 18 if the possession of alcoholic beverages is part of the work (nature) of such persons in their workplace and during working hours.
Article 23. Provision of Information to the Public about Alcohol, about the Damage to Health and the Economy Caused by Consumption Thereof
1. The Ministry of Education and Science must draft health promotion programmes in all general education schools and other educational establishments and include health promotion issues in newly published textbooks.
2. All educational establishments must, subject to co-ordination with the Ministry of Health, include in programmes of education information on alcoholic beverages, the damage caused by them to health and the economy, and also on the creation of an environment favourable to health preventing the damage occasioned through the consumption of alcohol and on the promotion of a healthy life style.
3. Lithuanian National Radio and Television must transmit the broadcasts which propagate a healthy lifestyle and provide information regarding the damage caused through the consumption of alcohol, and the broadcast must be transmitted at least twice weekly and for at least 5 minutes from 18:00 to 22:30.
Article 24. Planning of Alcohol Control Measures
Seeking to implement the purposes of this Law the Government of the Republic of Lithuania, ministries, government or other agencies, which are assigned in legal acts to prepare strategic planning documents, shall provide for alcohol control measures in their strategic planning documents. Seeking to implement the purposes of this Law the municipal institutions shall provide for alcohol control measures in a municipal strategic development plan and/or a municipal strategic action plan.
Article 25. Sponsorship of Action Programmes of Temperance Organisations
Action programmes of temperance organisations shall be sponsored according to the established procedure as follows:
2) by natural and legal persons in accordance with the procedure set forth in the Republic of Lithuania Law on Charity and Sponsorship;
Article 26. Procedure of Insobriety (Drunkenness) Control
1. Employees, where there are reasons to believe that they work intoxicated (drunken), persons driving (piloting) means of surface, water or air transport in the Republic of Lithuania may be tested for insobriety (drunkenness) and the amount of alcohol in the blood or exhaled air. Employers must ensure that prior to a journey verification be done to see whether their employees who drive (pilot) the means of transport of undertakings, agencies and organisations are sober (not drunk).
2. The Government of the Republic of Lithuania or an institution authorised by it shall establish the procedure for determining insobriety (drunkenness) control of the persons driving (piloting) means of transport and of other persons, the permitted maximum concentration of ethyl alcohol in the exhaled air, blood and other body fluids of the persons during driving (piloting) or work.
Article 27. Organisation of Narcological Supervision
1. Narcological supervision shall be performed in accordance with the procedure established by the Republic of Lithuania Law on Narcological Supervision, other laws and legal acts.
2. The persons who have alcohol poisoning may be detoxified in personal healthcare institutions according to the procedure set forth in laws and other legal acts. The police may bring such persons by force to the personal healthcare institutions only in the cases when they may cause harm to their own health and life or that of the people around them by their actions (or a failure to act).
SECTION THREE
PROHIBITIONS CONCERNING ALCOHOLIC BEVERAGES AND
RESTRICTIONS ON ADVERTISING OF ALCOHOLIC BEVERAGES
Article 28. Prohibitions concerning alcoholic beverage
1. In the Republic of Lithuania undertakings, European legal persons and their branches shall be prohibited from:
2) applying fixed discounts on alcoholic beverages to owners of coupons printed in the mass media or distributed in other ways, or regarding such coupons as other measures of partial or full payment;
3) organising dissemination of alcoholic beverage samples free of charge, except for tasting sessions at expositions and fairs;
4) organising games, actions, competitions or lotteries with the intention of promoting the purchase and/or use of alcoholic beverages;
.5) selling specialised advertising publications published in the Republic of Lithuania or abroad, brought into the Republic of Lithuania, with the intention of promoting the sale of alcoholic beverages;
6) creating conditions for a consumer to win a prize, receive gifts or a bonus to alcoholic beverages at once and/or within a specific period of time or upon the fulfilment of certain conditions after the conclusion of a sales contract;
Article 29. Restriction of Alcohol Advertising
2. Information about alcoholic beverages in information announcements which are intended only for the specialists engaged in alcohol business, also the registered names of the undertakings, European legal persons and their branches which produce or sell alcoholic beverages (if the name of the producer of the alcoholic beverages is an integral part of the registered name of these undertakings, European legal persons or their branches) and trademarks, where these names and trademarks are displayed on signboards on the building of the headquarters or division of these undertakings, European legal persons or their branches and on the vehicles managed by them shall not be treated as advertising. The registered names or trademarks of the undertakings, European legal persons or their branches producing or selling alcoholic beverages, when these names or trademarks are seen irregularly and unexpectedly during the programmes broadcast or rebroadcast by the broadcasters and rebroadcasters under the jurisdiction of the Republic of Lithuania and where images of these names and trademarks are auxiliary compared to images of the programme broadcast or rebroadcast as well as the labelling particulars and other labelling information on an alcoholic beverage and/or its primary (commercial) or secondary (group) packaging as established by legal acts of the Republic of Lithuania, display of alcoholic beverages (placing for sale), the group, subgroup, category of an alcoholic beverage, the country of origin, geographical indication, region of an alcoholic beverage, names and registered trademarks of manufacturers of alcoholic beverages or undertakings trading in alcoholic beverages, the price of an alcoholic beverage when this information is available at retail outlet or catering establishments where alcoholic beverages are sold to the consumer or on the websites of undertakings manufacturing or selling alcoholic beverages.
3. Compliance with the requirements set out in this Article shall be controlled by the Drug, Tobacco and Alcohol Control Department.
4. The Drug, Tobacco and Alcohol Control Department, having carried out an investigation in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorized by it and having determined that alcohol advertising intended for the market of the Republic of Lithuania is electronically disseminated, shall be entitled to issue binding instructions to an information hosting service provider to urgently remove the information stored by the information hosting service provider which is used to disseminate alcohol advertising or to eliminate the possibility of access to such information.
5. The Drug, Tobacco and Alcohol Control Department must, in order to perform the actions specified in paragraph 4 of this Article, submit a request for authorization to perform the actions to the Vilnius Regional Administrative Court. The request for authorization to perform the actions must state the name and surname or the business name of the person who committed the suspected violation, and if the name and surname or the business name of such person cannot be determined or the determination of such data requires disproportionately high costs, the business name of the person/persons for whose benefit or interest alcohol advertising is disseminated, as well as the type of the suspected violations and envisaged actions. The Vilnius Regional Administrative Court examines the request for authorization to perform the actions and adopts a reasoned order to grant or reject the request for authorization to perform the actions. The request for authorization to perform the actions must be examined and the order adopted not later than within three working days from the submission of the request for authorization to perform the action. If the Drug, Tobacco and Alcohol Control Department disagrees with the order of the Vilnius Regional Administrative Court to reject the request for authorization to perform the actions, it shall have the right to appeal against this order to the Supreme Administrative Court of Lithuania within seven working days after the adoption of such an order. The Supreme Administrative Court of Lithuania must investigate the complaint regarding the order of the Vilnius Regional Administrative Court to reject the request for authorization to perform the actions not later than within seven working days from the acceptance of the complaint of the Drug, Tobacco and Alcohol Control Department. A representative of the Drug, Tobacco and Alcohol Control Department shall be entitled to participate in the examination of the complaint when the complaint is examined in the oral proceedings. The ruling adopted by the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. When examining requests and complaints regarding the granting of authorization to perform the actions, the courts must ensure the confidentiality of information provided and the actions planned.
Article 30. System of Formulating of State Alcohol Control Policy
The Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, the National Health Council, municipal councils and other institutions specified by the law shall, within the scope of their competence, formulate and co-ordinate the State alcohol control policy. Their powers in the area of alcohol control shall be established by this Law and other laws and legal acts.
Article 31. System of Executive Institutions in State Alcohol Control Policy
The ministries, the Drug, Tobacco and Alcohol Control Department, the State Food and Veterinary Service, other state institutions, municipal executive institutions, the police, and healthcare establishments shall, within the scope of their competence, carry out State alcohol control. Their competence within the area of alcohol control shall be established by this Law and other laws and legal acts.
Article 32. State Tobacco and Alcohol Control Service
The competence of the Drug, Tobacco and Alcohol Control Department shall be established by the Republic of Lithuania Law on the Health System, this Law and Regulations of the Drug, Tobacco and Alcohol Control Department approved by the Government of the Republic of Lithuania.
CHAPTER VI
PROCEDURE FOR HOLDING A PERSON LIABLE FOR VIOLATIONS OF
THIS LAW AND FOR INSTITUTING PROCEEDINGS
Article 33. Procedure for imposing administrative and criminal liability for violations of this Law
1. For violations of this Law natural persons shall be held liable in accordance with the procedure laid down by the Code of Administrative Offences of the Republic of Lithuania (hereinafter; the ‘Code of Administrative Offences’) and the Criminal Code of the Republic of Lithuania (hereinafter: the ‘Criminal Code’).
2. The contraband, counterfeit alcohol products, alcoholic beverages without special duty stamps and without holding a licence issued in accordance with the established procedure which are sold, held in stock and transported in the Republic of Lithuania, also the alcohol products which do not meet the safety and quality requirements in force in the Republic of Lithuania, or the acquisition whereof is not certified by legally valid documents shall be confiscated in accordance with either the Code of Administrative Offences or the Criminal Code.
Article 34. Application of Economic Sanctions for Violations of this Law
1. The Drug, Tobacco and Alcohol Control Department, the State Food and Veterinary Service, the State Tax Inspectorate, the institution authorised by the Government of the Republic of Lithuania to issue licences for the import of ethyl alcohol of agricultural origin, municipal institutions and the police shall have the right to impose, within the scope of their competence, fines for violations of this Law against undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania.
2. For manufacturing and sale of the alcohol products which do not conform to the safety and quality requirements in force in the Republic of Lithuania, import of ethyl alcohol of agricultural origin, manufacturing, stocking, transportation and sale of alcohol products without possessing an appropriate licence for this activity, also for the failure to comply with the requirements set out in points 2, 3, 7, 10 of paragraph 1 (provided that this does not give rise to criminal liability), points 4, 5, 6, 8, 9, 11 of this paragraph, points 2, 3, 6, 8 of paragraph 2 (provided that this does not give rise to criminal liability), points 4, 5, 7, 9 of this paragraph, paragraphs 5–11, 13 and 15 of Article 17 of this Law as well as for the violation of the restrictions or prohibitions concerning trade in alcoholic beverages on holidays and mass event days as established by municipal councils, the undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from EUR 289 to EUR 14 481.
3. For a failure to comply with the requirements set forth in points 1 and 12 of paragraph 1, points 1, 10 and 11 of paragraph 2 of Article 17, paragraphs 1 and 3, points 1 and 2 of paragraph 4 and paragraph 9 of Article 18, and paragraph 3 of Article 22 of this Law, undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from EUR 144 to EUR 579, and for repeated non-compliance with the said requirements committed during a two-year period from the imposition of the fine, in the amount from EUR 579 to EUR 1 448.
4. For a failure to comply with the requirement of points 2, 3, 4 and 5 of paragraph 4 of Article 18 of this Law, undertakings, European legal persons and their branches shall incur a fine in the amount from EUR 289 to EUR 868, and for the violation of the said requirements done repeatedly within two years from the imposition of the fine – from EUR 868 to EUR 1448.
5. For a failure to comply with the requirements of Article 28 of this Law, undertakings, European legal persons and their branches shall incur a fine in the amount from EUR 289 to EUR 2 896, and for each repeated non-compliance with the same requirement committed during a two-year period from the imposition of the fine, in the amount from EUR 2 896 to EUR 5 792.
6. For a failure to comply with the requirements of Article 29 of this Law, undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from EUR 2 896 to EUR 14 481, and for each repeated violation of that same requirement committed within two years from imposition of the fine, in the amount from EUR 14 481 to EUR 28 962.
7. The specific amount of an imposed fine shall be set by taking into account the nature of a violation and the extenuating or aggravating circumstances indicated in paragraphs 8 and 9 of this Article. If there are any extenuating circumstances present, the amount of the fine shall be reduced from the average to the minimum, and in the presence of any aggravating circumstances the fine shall be increased from the average to the maximum amount. If there are both extenuating and aggravating circumstances present, the fine shall be imposed taking into account their amount and significance. The reduction or increase of the amount of the fine shall be substantiated in the decision by the institution imposing the fine for non-compliance of the regulations established in this Law.
8. The fact that, having committed a violation, undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania have voluntarily barred the way of the harmful consequences of the violation, assisted competent institutions in the course of the investigation, compensated for losses or eliminated the caused damage shall be treated as extenuating circumstances. The institution which imposes the penalty may also recognise other circumstances which have not been indicated in this paragraph as extenuating.
9. The fact undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania hindered the investigation, concealed the committed violation, continued to violate the requirements of this Law ignoring the instruction of a competent institution to terminate the illegal actions shall be treated as aggravating circumstance.
10. Fines for the production and sale of the alcohol products which do not conform to the safety and quality requirements and for a failure to comply with the requirements established in points 1-6, 9, 11 and 12 of paragraph 1 and points 1-5, 9 and 10 of paragraph 2 of Article 17, point 3 of paragraph 3 and point 1 of paragraph 4 of Article 18 of this Law shall be imposed by the State Food and Veterinary Service.
11. Fines for the failure to comply with the requirements of points 2, 3, 7-12 of paragraph 1, points 2, 3, 6-11 of paragraph 2 and paragraphs 5-11, 13 and 15 of Article 17, paragraphs 1, 3, 4 and 9 of Article 18, paragraph 3 of Article 22 of this Law as well as for the violation of the restrictions or prohibitions concerning trade in alcoholic beverages on holidays and mass event days as established by municipal councils shall be imposed by the Drug, Tobacco and Alcohol Control Department and the police. The heads of police institutions or persons authorised by them shall have the right to impose fines on behalf of the police.
12. Fines for a failure to comply with the requirements of points 2, 3, 7, 9-12 of paragraph 1, points 2, 3, 6, 8, 9, 10 of paragraph 2 and paragraphs 5-11 and 13 of Article 17, paragraph 1, points 6-8 of paragraph 3, point 1 of paragraph 4 of Article 18 of this Law shall be imposed by the State Tax Inspectorate.
13. Fines for the production of alcohol products without a licence required for this activity and for a failure to comply with the requirements laid down in point 6 of paragraph 1, point 5 of paragraph 2 of Article 17 and in Article 28 of this Law shall be imposed by the Drug, Tobacco and Alcohol Control Department and the State Food and Veterinary Service.
14. Fines for non-compliance with the requirements set in Article 29 of this Law shall be imposed by the Drug, Tobacco and Alcohol Control Department and municipal institutions (for violations in outdoor advertising).
15. An institution authorised by the Government of the Republic of Lithuania shall impose fines for importing ethyl alcohol of agricultural origin without possessing a licence for such an activity.
16. For the undertakings having licences to manufacture alcohol products or licences to engage in wholesale trade in alcohol products which have violated the requirements of points 2, 4, 8 and/or 9 of paragraph 1 and points 2, 4 and/or 7 of paragraph 2 of Article 17 of this Law, the licences shall be revoked and new licences shall not be reissued for five years from the day of the revocation of the licences. For the undertakings having licences to engage in retail trade in alcohol beverages which have violated the requirements of points 2, 4, 8 and/or 9 of paragraph 1 and points 2, 4 and/or 7 of paragraph 2 of Article 17 of this Law, the licence to engage in retail trade in alcohol beverages at a trading venue where a violation has been established shall be revoked, and a new licence shall not be reissued for one year from the day of the revocation of the licence.
17. The licences shall be revoked and licences shall not be reissued to undertakings, European legal persons and their branches if a judgment of conviction has become effective or a judgement or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of them or in respect of their heads or other employees (if they have acted on behalf of the undertaking, European legal person or its branch or in its interests) for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without duty stamps and also for sale, transportation or stocking of counterfeit alcohol products.
18. Undertakings, undertakings, European legal persons and their branches possessing a licence to engage in retail trade in alcoholic beverages (except for the undertakings, undertakings, European legal persons and their branches possessing one-time licences to engage in retail trade in alcoholic beverages at mass gatherings, expositions and fairs) which within three years from the imposition for the first time of a fine for violation of the requirement set in point 3 of paragraph 4 of Article 18 of this Law repeatedly commits a violation of the said requirement in the same trading venue shall have its licence revoked at the trading venue where violations have been established, and a new licence shall not be reissued for one year from the day of revocation of the licence.
19. The licences to manufacture alcoholic beverages, to engage in wholesale trade in alcoholic beverages or to engage in retail trade in alcoholic beverages shall be revoked also in the following cases:
1) where it transpires that the incorrect data have been submitted by the undertaking, European legal person or its branch in order to obtain the licence;
2) the undertaking, European legal person or its branch whose licences to engage in wholesale trade in alcoholic beverages or to engage in retail trade in alcoholic beverages has not eliminated the specified violations of the licensed activities;
3) the undertaking, European legal person or its branch fails to comply with the requirements set out in paragraphs 5-11 and 15 of Article 17 of this Law;
4) after the change of the head of the undertaking, European legal person or its branch it transpires that a judgment of conviction has become effective or a judgement or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty has become effective in respect of the new head of the undertaking for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without duty stamps and also for sale, transportation or stocking of counterfeit alcohol products, and the undertaking, European legal person or its branch fails to replace the said head within the time limit set by the licensing authority;
5) the undertaking, European legal person or its branch engages in the activities specified in the licence or stocks the alcohol products specified in the licence not in the place indicated in the licence;
6) where there is a notification of a territorial state food and veterinary service about the revocation for the established violations of the certificate on the approval of food handling business issued to the undertaking, European legal person or its branch (the licence to engage in retail trade in alcoholic beverages is revoked in that trading venue for which the certificate on the approval of food handling business has been revoked, and those units for whom the certificate on the approval of food handling business has been revoked are struck off of the licences to manufacture alcohol products and to engage in wholesale trade);
7) the undertaking, European legal person or its branch submits an application for the revocation of the licence;
8) the undertaking, European legal person is under liquidation or deleted from the Register of Legal Entities or a branch of the European legal person ceases to exist;
20. Authorisations to buy non-denatured ethyl alcohol and authorisations to buy and/or use denatured ethyl alcohol shall be revoked if an undertaking, a European legal person or its branch:
21. Revocation of licences and authorisations shall not relieve undertakings, European legal persons and their branches from the payment of fines established in paragraphs 2, 3, 4, 5, and 6 of this Article and imposed on the undertakings, European legal persons or their branches.
Article 341. Warning about possible suspension or revocation of a licence, suspension of a licence and the lift of the suspension of a licence
1. Undertakings having licences to engage in wholesale trade in alcoholic products shall be warned about a possible suspension of the licence if they fail to comply with the obligation laid down in paragraph 2 of Article 186 of this Law.
2. Undertakings, European legal persons and their branches having licences to engage in retail trade in alcoholic beverages shall be warned about a possible suspension of the licence if they fail to comply with the obligations laid down in paragraphs 2, 3 and/or 7 of Article 186 of this Law.
3. The licensing authority shall warn undertakings having licences to engage in wholesale trade in alcoholic products and undertakings, European legal persons and their branches having licences to engage in retail trade in alcoholic beverages about a possible suspension of the licence within three working days from the emergence of the circumstances referred to in paragraph 1 or 2 of this Article.
4. Licences to engage in wholesale trade in alcohol products or retail trade in alcoholic beverages shall be suspended if:
1) the undertakings, European legal persons and their branches, which were warned about a possible suspension of the licence in accordance with paragraph 1 or 2 of this Article, have not eliminated the specified violations within a time limit. The licensing authority shall set out the period of suspension of the licence which must not be less than 10 days and must not exceed 30 days;
2) a notification of a territorial state food and veterinary service has been received about the suspension for the established violations of the certificate on the approval of food handling business issued to the undertaking, European legal person or its branch (the licence to engage in retail trade in alcoholic beverages is suspended in that trading venue for which the certificate on the approval of food handling business has been suspended, the period of the suspension of the licence is set out taking into account the period of the suspension of the certificate on the approval of food handling business).
5. The licensing authority shall suspend the licences to engage in wholesale trade in alcoholic products or to engage in retail trade in alcoholic beverages and shall inform the undertakings, European legal persons and their branches about the suspension of the licence within three working days from the emergence of the circumstances referred to in paragraph 4 of this Article.
6. Undertakings, European legal persons and their branches licensed to engage in wholesale trade in alcohol products or retail trade in alcoholic beverages shall be warned about a possible revocation of the licence if after the change of the head of the undertaking, European legal person or its branch it transpires that a conviction regarding the imposition of a fine or penalty has become effective for the head of the undertaking, European legal person or its branch or a judgment or a ruling of the court, a relevant decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without duty stamps and also for sale, transportation or stocking of counterfeit alcohol products.
7. Undertakings having licences to engage in manufacture of alcohol products shall be warned about a possible revocation of the licences if:
2) a beer production undertaking, which does not have its own laboratory, has produced more than 5 000 hectolitres of beer over one year;
3) an undertaking producing naturally fermented mead or fruit wine, which does not have its own laboratory, has produced more than 100 hectolitres of naturally fermented mead or fruit wine;
4) the licensing authority receives a notification of the State Food and Veterinary Service that the qualification of the personnel of the undertaking’s laboratory for examining the quality of alcohol products and the undertaking’s manufacturing personnel do not meet the qualification requirements of the alcohol products manufacturing personnel, as approved by an institution authorised by the Government of the Republic of Lithuania;
5) an undertaking fails to present or presents false reports on alcohol product manufacturing and sales;
6) if after the change of the head of an undertaking it transpires that a conviction regarding the imposition of a fine or penalty has become effective for a new head of the undertaking or a judgment or a ruling of the court, a relevant decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without duty stamps and also for sale, transportation or stocking of counterfeit alcohol products;
7) if after the change of the head of an undertaking it transpires that a new head of the undertaking is or was the head of the undertakings for whom, in pursuance of paragraph 16 of Article 34 of this law, the licence to manufacture alcohol products was revoked or where alcohol products were manufactured, sold and (or) stored, transported without the licence issued in accordance with the procedure laid down by the Government of the Republic of Lithuania and less than five years have elapsed since the date of the revocation of the licences previously possessed by those undertakings.
8. The licensing authority shall warn undertakings, European legal persons and their branches licensed to engage in wholesale trade in alcoholic products or retail trade in alcoholic beverages, and undertakings licensed to manufactured alcohol products about the possible revocation of the licence within three working days from the date of the disclosure of the circumstances referred to in paragraph 6 or 7 of this Article.
9. The license to engage in wholesale trade in alcohol products shall be suspended if an undertaking licensed to engage in wholesale trade in alcoholic products submits an application to delete the warehouse for wholesale trade of alcoholic beverages from the licence and no other warehouse addresses remain in the licence. The licensing authority shall suspend the licence and inform the undertaking of the suspension of the licence within three working days from the date of the submission of the application.
10. Licences to engage in retail trade in alcoholic beverages shall be suspended if:
1) it appears that an undertaking, European legal person or its branch suspended the activities specified in the licence to engage in retail trade in alcoholic beverages and has not informed the licensing authority about this;
2) an undertaking, European legal person or its branch licensed to engage in retail trade in alcoholic beverages, upon the suspension of the activities specified in the licence, submits an application to suspend the license to the licensing authority (the licence to engage in retail trade in alcoholic beverages is suspended at that point of sale of alcoholic beverages where the trade in alcoholic beverages is temporarily not carried out).
11. The licensing authority shall suspend the licence to engage in retail trade in alcoholic beverages and inform the undertakings, European legal persons or their branches about the suspension of the licence within three working days from the disclosure of the circumstances specified in point 1 of paragraph 10 of this Article or from the submission of the application referred to in point 2 of paragraph 10 of this Article.
12. The suspension of the license shall be lifted if:
1) an undertaking, European legal person or its branch affiliate whose licence was suspended pursuant to point 1 of paragraph 4 of this Article, having eliminated the shortcomings, which led to the suspension of the licence, within the time limit set out by the licensing authority notifies the licensing authority accordingly;
2) the licensing authority receives a notification from territorial state food and veterinary service about the lifting of the suspension of the certificate on the approval of food handling business issued to the undertaking, European legal person or its branch (where the licence was suspended pursuant to point 2 of paragraph 4 of this Article);
3) an undertaking for which the license has been suspended pursuant to paragraph 9 of this Article, submit an application for including a new address of the warehouse for the trade in alcoholic beverages in the licence to engage in wholesale trade in alcoholic products;
Article 35. Record of Law Violations and Time Limits of Hearing of Cases
1. The employees (officers) of the control institutions indicated in paragraph 1 of Article 34 of this Law who have the authorisation therefor shall, having determined that the requirements of this Law have been violated, draw up a record of the content set forth in the Code of Administrative Offences.
2. The institutions indicated in paragraph 1 of Article 34 of this Law shall hear cases and impose fines within two months from the day of the establishment of a violation, however, not later than within three years from the day of the commission of the violation, and in the event of a continuous infringement – within three years from the day of transpiration thereof.
Article 36. Participants in Proceedings
1. The following shall participate in the proceedings regarding the violations indicated in Article 34 of this Law:
2) other economic entities according to a decision by the institutions indicated in paragraph 1 of Article 34 of this Law, with whose interests the case being heard is linked;
3) representatives of state administration and municipal institutions and agencies upon their request;
2. The persons indicated in points 1 and 2 of paragraph 1 of this Article shall be hereinafter referred to as parties to the proceedings.
Article 37. Notification about a Violation of this Law, Starting of Investigation of a Violation, Hearing of a Case
1. Parties to proceedings shall be given written notification regarding the established violations of this Law (a copy of the record specified in paragraph 1 of Article 35 of this Law), the time and place of the hearing of a case and shall also be offered access to the case material and requested to present written explanations.
Article 371. Rights of Parties to Proceedings during Investigation of a Violation of this Law and Hearing of a Case
1. During investigation of a violation of this Law and hearing of a case, the parties to proceedings shall have the right to get access to the case material, give written and oral explanations, present evidence and lodge requests.
2. Prior to the hearing of a case, the parties to proceedings may give explanations within the time limit specified in paragraph 1 of Article 34 of this Law, which may not be shorter than 14 working days from the day on which a person suspected of having committed a violation of this Law receives the notification about the violation of this Law.
3. If during the hearing of a case, new evidence are presented, the parties to proceedings shall have the right to immediately get access to such evidence and to give their explanations related thereto within five working days from the receipt of the new evidence.
Article 38. Hearing of a Case
1. Hearing of a case shall be public. Institutions specified in paragraph 1 of Article 34 of this Law may, on their own initiative or at the request of the parties to proceedings, announce a sitting or part thereof closed, if this is necessary in order to safeguard a state or official secret, or a professional/commercial secret of the parties to proceedings.
2. Oral hearing of a case shall be held, with participation of the parties to proceedings and other participants in the proceedings.
3. If parties to proceedings do not participate in the hearing of a case, the case may only be heard in those instances, when information is available that the parties to the proceedings have been informed in due time of the place and time of the hearing of the case, and if prior to the beginning of hearing of a case the parties do not produce the documents justifying their non-participation, where the institutions specified in paragraph 1 of Article 34 of this Law recognize the reasons indicated in the said documents as relevant. An appropriate notification about the time and place of the hearing of a case would be the notification sent by registered mail at the address of the head office of the party to proceedings, specified in the Register of Legal Entities, with the exception of the cases where the party to proceedings indicate another mailing address, or the notification sent at the e-consignment address of the party to proceedings, specified in the Register of Legal Entities, or a notification delivered against signature to the party to proceedings at the moment of establishment of the violation of this Law.
Article 39. Decisions Adopted upon the Hearing of a Case
1. The institutions indicated in paragraph 1 of Article 34 of this Law, having heard the case, shall have the right to adopt a decision to:
1) apply the economic sanctions established by this Law;
refuse to apply economic sanctions, when there are no grounds established by this Law;
2. A decision shall be adopted following the hearing of the case. It must indicate: the name of the institution which has adopted the decision; the date and place of the case hearing; information regarding the violator; circumstances of the violation; proof of the violator’s guilt on which the decision is based, the Article of this Law, which establishes liability for the violation; the explanations of the violator and the assessment thereof; the adopted decision; the terms and procedure of the appeal against the decision.
Article 40. Recovery of Fines
1. Fines must be paid into the State Budget and in instances, when the fines are imposed by municipal executive institutions, into the budget of the municipality which imposed the fine, no later than within one month of the day, when the decision to impose a penalty was delivered to the persons who violated this Law.
2. Bailiffs shall collect the unpaid fines enforcing the decisions of the institutions indicated in Article 39 of this Law in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania. Decisions may be referred for enforcement no later than within 3 years of the day of adoption thereof.
Article 41. Appeal against Resolutions (Decisions) regarding Application of Economic Sanctions
1. The undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania which object to the resolutions (decisions) of the institutions indicated in paragraphs 1 and 22 of Article 34 of this Law regarding application of economic sanctions shall have the right to appeal against the resolution (decision) to the court within a month’s period from the delivery of the resolution (decision) to them according to the procedure established by the Republic of Lithuania Law on Administrative Proceedings.
2. An appeal to the court shall suspend the implementation of the resolutions (decisions) of the institutions indicated in paragraphs 1 and 22 of Article 34 of this Law regarding the application of economic sanctions.
3. The court which considers a complaint, taking into account the nature of a violation, the scope thereof, extenuating and other relevant circumstances (because of which a respective fine would be for the offender evidently too big and not in proportion (not adequate) to the committed violation and, therefore, unjust) and acting in compliance with the criteria of fairness and prudence, shall have the right to impose a fine smaller than the minimum fine fixed in paragraphs 2, 3, 4, 5 and 6 of Article 34 of this Law.
4. The court which considers a complaint, taking into account the nature of a violation, the scope thereof, extenuating and other relevant circumstances and acting in compliance with the criteria of fairness and prudence, shall have the right to decide that a licence or an authorisation will not be revoked for the violations of paragraphs 16-20 of Article 34 of this Law, of because of certain significant circumstances an economic sanction – revocation of a licence or an authorisation – would be evidently too heavy and not in proportion (not adequate) to the committed violation and, therefore, unjust.
Article 42. Disputes about Violations of this Law
Disputes about violations of this Law shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
Annex to
the Republic of Lithuania
Law on Alcohol Control
IMPLEMENTED LEGAL ACTS OF THE EUROPEAN UNION
1. Council Regulation (EEC) no 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ 2004, special edition, chapter 3, volume 11, p 286), with the latest amendments adopted by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 (OJ 2008 L 354, p 34);
2. Council Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents;
3. Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p 1) with the latest amendments adopted by Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 (OJ 2010 L 364, p 11);
4. Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p 16);
5. Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ 2008 L 114, p 3) with the latest amendments adopted by Commission Regulation (EU) No 449/2010 of 25 May 2010 (OJ 2010 L 127, p 1);
6. Commission Regulation (EC) No 423/2008 of 8 May 2008 on laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes (OJ 2008 L 127, p 13) with the latest amendments adopted by Commission Regulation (EC) No 1087/2008 of 5 November 2008 (OJ 2008 L 297, p 11);
7. Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ 2008 L 170, p 1) with the latest amendments adopted by Commission Regulation (EC) No 772/2010 of 1 September 2010 (OJ 2010 L 232, p 1);
8. Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ 2009 L 128, p 15) with the latest amendments adopted by Commission Regulation (EC) No 173/2011 of 23 February 2011 (OJ 2011 L 49, p 16);
9. Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ 2010 L 95, p 1).