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Law No. 4 of 2021On Regulating Trading Alcoholic Beverages In Emirate of Ras Al-Khaimah

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Law No. 4 of 2021On Regulating Trading Alcoholic Beverages In Emirate of Ras Al-Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 3 of 1987 on issuing Penal Code, as amended; And Federal Law No. 35 of 1992 on issuing Criminal Procedures Code, as amended; And Federal Law No. 5 of 2017 on Using Telecommunication Technology In Criminal Procedures; And Law No. 7 of 2012 on Establishing Executive Council of Emirate of Ras Al Khaimah; And Law No. 8 of 2016 on Regulating Practicing Economic Activities in Emirate of Ras Al Khaimah; And Emiri Decree No. 5 of 2011 on Establishing Ras Al Khaimah Tourism Development Authority, as amended; And after the approval of the Executive Council; Have promulgated the following Act: Article (1) In implementation of the provisions of this Law, the following phrases and words shall have the meanings indicated opposite each of them, unless the context of text requires otherwise: Emirate: Emirate of Ras Al Khaimah. Authority: Ras Al Khaimah Tourism Development Authority. President: Chief Executive Officer of the Authority. Alcoholic Beverages: Beverages that contain at least 0.05% of alcohol. Activity: Trade, manufacture, store, import, re-export, distribute and serve alcoholic beverages to others. Article (2) The Authority is exclusively competent to issue activity licenses within the entire territory of the emirate, including RAK Economic Zones and ports. Article (3) It is not permissible to license the activity nearby places of worship or educational establishments. Some establishments that are existing before implementing the provisions of this law may be exempted under special conditions issued by a resolution from the Authority. Article (4) Activity shall be prohibited except in licensed cases according to terms and controls issued by resolution from the Authority. Article (5) It is not permissible to license activity for a person lacking eligibility and if license had been devolved upon him or incompetent person in any legal way by the original license holder, it should be approved in the name of the person upon whom it had been devolved accompanied with the name of the custodian, guardian or conservator and any of those shall be, as the case may be, responsible for whatever occurs in violation of this law’s provisions. Article (6) The activity license may be assigned to whom meets the requirements stipulated by the law to license the activity and the licensee shall remain responsible for implementing the provisions of this law till completing assigning procedures before the Authority. Article (7) If the licensee wants to store alcoholic beverages for the need of his establishments in another place, he should get a license from the Authority in advance after meeting the conditions issued by resolution from the Authority and the requirements of civil protection and professional safety and health. Article (8) It is prohibited to serve alcoholic beverages in public places and premises. Tourist establishments to which a license is issued by the Authority shall be excluded from this provision. Article (9) The licensee is prohibited from: 1- Practicing the activity in a place other than the licensed one. 2- Purchasing alcoholic beverages from sources not licensed in the emirate or through unlicensed electronic applications therein. 3- Dealing with alcoholic beverages of unknown source. 4- Violating other controls and conditions issued by the Authority in respect of practicing the activity. Article (10) The establishment licensed to practice the activity in the emirate shall comply with the following: 1- Requirements of civil protection and professional safety and health. 2- Maintain record of alcoholic beverages activity which it trades. 3- Keep the papers and documents that prove ownership and source of alcoholic beverages. 4- Maintain regular financial records in which all its sales of alcoholic beverages shall be recorded up to date. 5- Enable the Authority’s employees to look into records and documents related to the activity. 6- Provide the Authority with information and details required thereby within the date specified by it. 7- Not to advertise alcoholic beverages by any means. 8- Notify the Authority before making any change to the place in which he is practicing the licensed activity. Any other obligations specified by resolution from the Authority. Article (11) The licensed establishment may be closed in the following cases: 1- Violate terms of professional safety and health and civil protection. 2- If the place did not meet the requirements stipulated by this law. 3- Failure to provide details and information required to implement provisions of this law. 4- If the process of conducting the activity resulted in serious disturbance that cause harm to comfort of neighboring residents. 5- Violate the controls and requirements issued by the Authority in respect of practicing the activity. Except first clause, no closure decision shall be issued except after warning the Licensee thereof. If a period of fifteen days elapsed without removing violation causes, the Authority shall issue reasoned resolution of closure that shall be implemented immediately upon issuance. Closure shall continue till the President issues decision to open the establishment after correcting the violation or meeting the established requirements as the case may be. Article (12) Anyone practiced the activity in the emirate with no license from the Authority shall be punished by a fine not less than one hundred thousand dirhams. The penalty shall be a fine amounting to two hundred thousand dirhams in case of repeating the violation within one year from the date of committing the previous one. Article (13) Anyone violates provisions of articles 7, 8 and 9 of this law shall be punished by a fine not exceeding one hundred thousand dirhams. Article (14) Anyone drinks alcoholic beverages in a place not licensed to serve them or caught in public place or location while being drunk apparently causing noise or state of chaos or disturbing others, shall be punished by a fine not less than two thousand dirhams and in case of repeating the same violation within one year of committing the previous one, the penalty shall be a fine not less than five thousand dirhams. Article (15) Any public place or location that had been prepared to serve or drink alcoholic beverages or perform any activity related thereto in cases other than the licensed ones, shall be closed according to the provisions of this law and in all cases, no permit shall be given to open the place except if it is prepared for legal purpose and after approval of Public Prosecution. Article (16) The penalties established by this law shall not prejudice any more severe penalty stipulated by Penal Code or any other law. Article (17) Each of Public Prosecution, RAK Police GHQ and the Authority shall, in cooperation with Electronic Government Authority, establish technical secured application through which complaints and seizure reports related to violating provisions of this law shall be made, in order to enable Public Prosecution to consider the criminal cases related thereto and decide on them quickly and execute sentenced fines. Article (18) Schedule of fees and other violations of provisions of this law shall be issued by a resolution from the Executive Council as well as resolutions issued in implantation thereof and fines resulted from such violations. The proceeds of these fees and fines shall devolve upon Authority’s treasury. Article (19) The employees of the Authority, named by resolution from the President, shall be empowered with law officer capacity in seizing acts committed in violation of provisions of this law and resolutions issued in implementation thereof. Article (20) The Authority shall issue the necessary resolutions to implement provisions of this law. Article (21) Practicing the activity related to alcoholic beverages’ trading shall be subject to laws regulating practicing economic activities in the emirate, provided that they do not contradict with provisions of this law and resolutions issued in implementation thereof. Article (22) Establishments and electronic applications existing before enforcing this law shall adjust their situations according to provisions thereof not later than one year from the date of enforcing it. It is permissible, by resolution from the Authority, to extend this period for other similar one. Article (23) Each provision contradicts with provisions of this law shall be cancelled. Article (24) This Act shall come into force as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Al Qasimi, Ruler of RAK Issued by us on this day twelfth of Sha’ban 1442 H. Corresponding to twenty fifth of March 2021 G.
  • In implementation of the provisions of this Law, the following phrases and words shall have the meanings indicated opposite each of them, unless the context of text requires otherwise:  
    Emirate:  Emirate of Ras Al Khaimah.
    Authority:  Ras Al Khaimah Tourism Development Authority.
    President: Chief Executive Officer of the Authority.
    Alcoholic Beverages: Beverages that contain at least 0.05% of alcohol. 
    Activity: Trade, manufacture, store, import, re-export, distribute and serve alcoholic beverages to others.  

  • The Authority is exclusively competent to issue activity licenses within the entire territory of the emirate, including RAK Economic Zones and ports.
  • It is not permissible to license the activity nearby places of worship or educational establishments. Some establishments that are existing before implementing the provisions of this law may be exempted under special conditions issued by a resolution from the Authority.  
  • Activity shall be prohibited except in licensed cases according to terms and controls issued by resolution from the Authority. 
  • It is not permissible to license activity for a person lacking eligibility and if license had been devolved upon him or incompetent person in any legal way by the original license holder, it should be approved in the name of the person upon whom it had been devolved accompanied with the name of the custodian, guardian or conservator and any of those shall be, as the case may be, responsible for whatever occurs in violation of this law’s provisions. 
  • The activity license may be assigned to whom meets the requirements stipulated by the law to license the activity and the licensee shall remain responsible for implementing the provisions of this law till completing assigning procedures before the Authority.  
  • If the licensee wants to store alcoholic beverages for the need of his establishments in another place, he should get a license from the Authority in advance after meeting the conditions issued by resolution from the Authority and the requirements of civil protection and professional safety and health. 

  • It is prohibited to serve alcoholic beverages in public places and premises. Tourist establishments to which a license is issued by the Authority shall be excluded from this provision.

  • The licensee is prohibited from:
    1- Practicing the activity in a place other than the licensed one. 
    2- Purchasing alcoholic beverages from sources not licensed in the emirate or through unlicensed electronic applications therein. 
    3- Dealing with alcoholic beverages of unknown source. 
    4- Violating other controls and conditions issued by the Authority in respect of practicing the activity. 
  • The establishment licensed to practice the activity in the emirate shall comply with the following: 
    1- Requirements of civil protection and professional safety and health. 
    2- Maintain record of alcoholic beverages activity which it trades. 
    3- Keep the papers and documents that prove ownership and source of alcoholic beverages. 
    4- Maintain regular financial records in which all its sales of alcoholic beverages shall be recorded up to date.  
    5- Enable the Authority’s employees to look into records and documents related to the activity. 
    6- Provide the Authority with information and details required thereby within the date specified by it. 
    7- Not to advertise alcoholic beverages by any means. 
    8- Notify the Authority before making any change to the place in which he is practicing the licensed activity.  
    Any other obligations specified by resolution from the Authority. 
  • The licensed establishment may be closed in the following cases: 
    1- Violate terms of professional safety and health and civil protection. 
    2- If the place did not meet the requirements stipulated by this law. 
    3- Failure to provide details and information required to implement provisions of this law. 
    4- If the process of conducting the activity resulted in serious disturbance that cause harm to comfort of neighboring residents. 
    5- Violate the controls and requirements issued by the Authority in respect of practicing the activity. 
    Except first clause, no closure decision shall be issued except after warning the Licensee thereof. 
    If a period of fifteen days elapsed without removing violation causes, the Authority shall issue reasoned resolution of closure that shall be implemented immediately upon issuance. Closure shall continue till the President issues decision to open the establishment after correcting the violation or meeting the established requirements as the case may be. 
  • Anyone practiced the activity in the emirate with no license from the Authority shall be punished by a fine not less than one hundred thousand dirhams. The penalty shall be a fine amounting to two hundred thousand dirhams in case of repeating the violation within one year from the date of committing the previous one. 

  • Anyone violates provisions of articles 7, 8 and 9 of this law shall be punished by a fine not exceeding one hundred thousand dirhams. 
  • Anyone drinks alcoholic beverages in a place not licensed to serve them or caught in public place or location while being drunk apparently causing noise or state of chaos or disturbing others, shall be punished by a fine not less than two thousand dirhams and in case of repeating the same violation within one year of committing the previous one, the penalty shall be a fine not less than five thousand dirhams. 

  • Any public place or location that had been prepared to serve or drink alcoholic beverages or perform any activity related thereto in cases other than the licensed ones, shall be closed according to the provisions of this law and in all cases, no permit shall be given to open the place except if it is prepared for legal purpose and after approval of Public Prosecution.  

  • The penalties established by this law shall not prejudice any more severe penalty stipulated by Penal Code or any other law.  
  • Each of Public Prosecution, RAK Police GHQ and the Authority shall, in cooperation with Electronic Government Authority, establish technical secured application through which complaints and seizure reports related to violating provisions of this law shall be made, in order to enable Public Prosecution to consider the criminal cases related thereto and decide on them quickly and execute sentenced fines. 
  • Article (18)
    Schedule of fees and other violations of provisions of this law shall be issued by a resolution from the Executive Council as well as resolutions issued in implantation thereof and fines resulted from such violations. The proceeds of these fees and fines shall devolve upon Authority’s treasury. 

  • The employees of the Authority, named by resolution from the President, shall be empowered with law officer capacity in seizing acts committed in violation of provisions of this law and resolutions issued in implementation thereof. 
  • The Authority shall issue the necessary resolutions to implement provisions of this law. 
  • Practicing the activity related to alcoholic beverages’ trading shall be subject to laws regulating practicing economic activities in the emirate, provided that they do not contradict with provisions of this law and resolutions issued in implementation thereof. 
  • Establishments and electronic applications existing before enforcing this law shall adjust their situations according to provisions thereof not later than one year from the date of enforcing it. It is permissible, by resolution from the Authority, to extend this period for other similar one. 
  • Each provision contradicts with provisions of this law shall be cancelled. 
  • This Act shall come into force as date of its issuance and be published in the Official Gazette.

Classification
  • Civil Legislation
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