Dry Law

Prohibition agents destroying alcohol barrels (dry law in the United States).

The dry law, also known as prohibition (in English, prohibition), is a controversial measure that certain States have applied during the history, consisting of the illegalization of the manufacture, transport, import, export and sale of alcohol for consumption.

The dry law, by prohibiting alcohol and not responding to the existing demand, can favor the generation of black markets and black money, which get the liquor in other places where it is produced, introduce it illegally and sell it to satisfy such need at a higher price, because the demand to consume alcohol is still higher than the supply.

United States

The most important and high-profile prohibition was the Eighteenth Amendment to the United States Constitution (known as the Volstead Act) supported by numerous anti-alcohol activists such as Carrie Nation. The prohibition caused a considerable rise in organized crime. A good example of this was Al Capone (inspiration for countless movies, such as The Untouchables) and other American gangsters. One year after the ratification of this amendment, the manufacture, sale, transportation, import, and export of intoxicating liquors to be used as beverages in the United States and in all the territory subject to its jurisdiction was prohibited. It was ratified in 1919 under the XVIII Amendment, entered into force on January 16, 1920 and repealed in 1933 with the XXI Amendment to the US Constitution (inside and outside the home). On December 5, 1933, the dry law officially ended.

Exceptions to the Law

The law should have considered exceptions, as in the case of doctors, who prescribed it to their patients as a therapeutic treatment in very specific situations. Other exceptions made by the dry law were the religious use of wine for the Christian rite and the Jewish rituals of the Sabbat. These situations were too exceptional to serve as an excuse for most alcohol consumers.

Consequences of the Law

The persistent demand for alcoholic beverages stimulated the manufacture and sale of liquor, which became a large clandestine industry. The illegality of this practice caused alcohol to have very high prices on the black market, attracting important criminal gangs. One of the most important cases of that time was that of Al Capone and other American mafia bosses, who earned millions of dollars through clandestine trafficking and marketing, expanding their activities to almost the entire country and being involved in numerous cases of corruption together with officials and police officers in charge of complying with the dry law.

The Muslim world

Alcohol is prohibited in many Muslim countries by a veto prescription in the Koran. However, there is a lot of diversity in the application depending on the country and the time.

Saudi Arabia bans the production, import and consumption of alcohol and imposes severe punishments for those who violate the ban: weeks or months in jail and possibly whipping and racking. Kuwait also has laws that prohibit the consumption of alcohol, but it is not punishable by lashes, but imprisonment. Qatar prohibits importation and punishes those who get drunk with jail terms or deportation. However, alcohol can be obtained in certain hotel restaurants and bars, and foreign nationals can obtain alcohol through a permit system.

Other countries with a majority Muslim population, such as Egypt, Syria, Lebanon and Jordan, have no restrictions on alcohol and its production and consumption are legal as long as people reach the legal age to buy or consume alcoholic beverages. In Turkey, the Islamist-conservative Erdoğan regime introduced a law in 2013 that prohibits the sale of alcohol after 10:00 p.m. as well as within a radius of 100 m around mosques and schools; In addition, the sale of spirituous beverages is denied within 24 hours, while the general, municipal or presidential elections are taking place.

History

There are no records or precedents until the beginning of the 20th century, in the small Prince Edward Island a dry law was decreed.

• 1908-1945: on Prince Edward Island, and for short periods of time in other locations in Canada
• 1914-1925: in Russia
• 1915-1922: in Iceland (although beer remained prohibited until 1989)
• 1916-1927: in Norway (fortified wine and beer were included between 1917 and 1923)
• 1919-1932: in Finland (called "kieltolaki")
• 1920-1933: en Estados Unidos
• 1950-2000: in some states of India, including Andhra Pradesh, Haryana and Guyarat.

Partial dry law

There are several types of partial prohibition laws, but some regulations of the trade and consumption of alcohol, which are applied in countries where alcohol is accepted as a legal drug, are commonly called this way. The main regulation prohibits the sale and public consumption of alcoholic beverages at certain times, and also in some countries the sale and consumption of alcoholic beverages is prohibited on certain days.

In Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Paraguay, Peru, Uruguay, Panama and Venezuela, this norm is always in force near any type of election at the national level, such as voting for President and Congressmen of the Republic, Mayors or Regional Presidents. Depending on the country, the rule applies from a certain number of hours before the start of the election to a certain number of hours after it. In this way, it is possible to prevent the ethylic intoxication of numerous people from resulting in excesses and disorders. In some of these countries, during this period, you cannot drink or sell any type of alcohol in public places.

Argentina

In Argentina, through the National Law to Fight Alcoholism (No. 24,788), most municipalities, using their police powers, prohibit, on the premises of retail outlets (stores, kiosks, supermarkets) the sale of beverages with alcoholic content, from 9:00 p.m. to 9:00 a.m. the following day. This provision does not apply to night entertainment venues (bars, bowling alleys, pubs, discos until 5:00 a.m.).

In turn, through a decree signed by the National Government in 2009 (decree 149), it was regulated that both advertising and packaging and in all points of sale of alcoholic beverages must be displayed before the consuming public, by any means —posters, signs, stickers, etc.—, and with letters with sufficient relief, size and visibility, the legends: "PROHIBITED FOR SALE TO UNDER 18 YEARS OLD" and "DRINK IN MODERATION"

There is a special dry law for the election period, prohibiting the sale and/or consumption of alcoholic beverages from twelve hours before the opening of the elections and up to three hours after the closing.

Chile

In Chile, the raison d'être of the first type (hourly restriction) is to regulate part of the consumption and not the total. One of the arguments for implementing it is that it reduces traffic accidents and prevents consumption by minors, among others. It consists of limiting its sale until certain hours of the night. The botillerías (premises selling alcohol) must close at a certain time, which varies according to what is established by the municipal decree of each commune, but it is generally at 12:00.

This type of prohibition is subject to criticism and complaints from consumers and merchants. The former argue that their personal freedoms are restricted, and the latter say that economic losses are generated. Others are in favor, especially those who live around pubs, restaurants, discos and liquor stores, arguing that the number of drunk people on the streets, dirt, crime and noise pollution are reduced, all of which gives them more peace of mind to sleep. and preserve public order.

There is also a special dry law for the election period, which prohibits the sale and/or sale of alcoholic beverages during the day of the election, except in hotel bars. In addition, it is also prohibited in the vicinity of stadiums, applying the dry law especially when games with high convocation are played, such as the Superclásico of Chilean Soccer between Colo Colo and Universidad de Chile, or for the matches of the Chilean Soccer Team, both in the National Stadium as in the Monumental Stadium.

Columbia

In Colombia the restriction that limits or prohibits the sale and consumption of alcoholic beverages on special days is known as the Dry Law; generally days in which there are important scheduled events such as public elections, or in the face of the threat of political or sports disturbances that arouse deep rivalries (it was decreed in Bogotá in the soccer final of the 2013 opening tournament). Its main reason for being is to avoid riots occur or worsen when part of the participating population is under the influence of alcohol. This type of dry law is common on election days, and the strength of tradition has made this measure uncontroversial. According to Article 206 of the Colombian Electoral Code, the Dry Law begins at 6:00 p.m. the day before the elections and ends at 6:00 a.m. the following day. In the city of Bogotá, the sale of alcoholic beverages is not allowed before 10 a.m. every day of the year in all establishments.

Carrot Law

In Colombia, the time restrictions that apply to bars and the sale of alcohol at certain times are known as the Carrot Law. The restrictions are usually those of prohibiting the sale of alcohol and the operation of bars and discos after 4 hours. These restrictions, which have caused controversy similar to the Chilean one, are decreed by municipal or district administrations.

The first Carrot Law, which gave its name to the other restrictions, was promulgated in 1995 in Bogotá, during the first administration of Antanas Mockus. Carrot is a Colombian slang term for healthy people or behaviors, generally used in a derogatory way. In general, these restrictions cover only public places for the sale of alcohol, such as liquor stores, tobacconists, bars and discos; as well as the consumption of alcohol in the street, and they do not have jurisdiction over private clubs or consumption in homes. The law has caused many bars and clubs to change their business name, calling themselves "club" and under cover of legal loopholes, "after parties" have become popular, which are informal establishments that operate in private houses, generally unoccupied, without any type of publicity.

Costa Rica

In some cantons of Costa Rica, the rule comes into force on Thursday and Friday of Holy Week.

For Holy Thursday and Good Friday, each canton determines if it is prohibited to sell alcoholic beverages, so officials from the different municipalities accompanied by police are in charge of closing these establishments, and sealing the places where the alcohol is located. alcohol.

Normally, Costa Ricans buy alcohol in the days prior to the validity of the dry law, so it is common for the sale of alcoholic beverages to increase and is consumed in the same way in houses and clandestine premises during the validity of the the law. In addition, there is usually an organized black market in each town to guarantee the supply of liquor.

Ecuador

In Ecuador, the sale, distribution and consumption of alcoholic beverages is prohibited 36 hours before the elections up to 12 hours after. The consumption and sale of alcoholic beverages in public places is prohibited, on Sundays throughout the year. Since June 2016 it is possible to buy alcoholic beverages on Sundays in supermarkets, stores, grocery stores, groceries, micromarkets and gas stations for consumption exclusively at home.

Spain: anti-botellón laws

In Spain there are various regional regulations that restrict sales hours and spaces for alcohol consumption, known generically as antibottleage law, and whose objective is to reduce the harm caused by alcohol among young people. Alcohol is considered legal throughout the Spanish territory, so these laws, depending on the Autonomous Community, act in three ways:

• Prohibiting the sale of alcoholic beverages to minors (-18 years old).
• Prohibiting the sale of alcoholic beverages in supermarkets, shops 24 hours and other similar trades starting at 22h. This rule decreases the availability of alcohol at low price during the night.
• Prohibiting the consumption of alcoholic beverages on the public road, except on the authorized terraces of bars or restaurants, and in a few cities in places enabled by the city council, known as "botellódromos", or in an authorized municipal celebration, such as the towns parties.

Mexico

In Mexico since 1915, the restriction on the sale of alcoholic beverages has been applied throughout the country 24 hours before the electoral processes and during the entire day of the elections. Currently, this provision is regulated in Article 300 of the General Law of Electoral Institutions and Procedures (LGIPE), leaving from that moment its application to the criteria of each state and municipality. The consumption of alcoholic beverages on public roads is prohibited in practically the entire national territory.

Peru

In Peru, according to the Organic Law of Elections (article 351), a restriction is applied on the sale of alcoholic beverages 24 hours before 00:00 on the day of the vote, until 12:00 on the day after elections.

Panama

In Panama, the dry law is the prohibition of the sale and consumption of alcoholic beverages during certain times of the year or in special situations such as general elections (in Panama the elections of all political positions: president, governors, deputies, mayors... are held on the same day). The prohibition is applied at the level of the provincial governments and is also conferred in the Electoral Code. Usually on days of national mourning the sale and consumption is prohibited, in addition to the use of festive music by radio stations and the closing of nightclubs such as bars, discos, gardens, canteens and gentlemen's clubs. On the holidays of January 9, Good Friday and All Souls' Day, it is customary for dry law to be established from 00:00 on the holiday until 00:00 the following day. In the special case of the Day of the Dead and Good Friday, a commotion has been created in terms of waiting for the end of the prohibition law; therefore, it is common for nightlife centers to be surrounded by people waiting for them to open at 0:01. During elections, the ban occurs from 12:00 p.m. m. the day before the election and ends at 12:00 p.m. m. the day after the election. People who show up to polling stations while drunk are arrested and taken to the nearest National Police station to wait for the effects of the drink to wear off and the sanction established in the Electoral Code is applied.

In Panama it is also known as the Carrot Law, to the Decree that imposes the restriction of hours on the sale and consumption of liquor, applied to bars and nightclubs from 02:00 to 09:00 hours. These restrictions have caused controversy among the owners of these businesses, since they do not include hotels and casinos, for which reason a pronouncement from the judicial authorities is expected, regarding its legality. In subsequent amendments to the Carrot Law executive decree, hotels and casinos were included in the standard, considering it a special jurisdiction and unfair competition, the fact that hotels and casinos could sell liquor, but with the proviso that they could only do it to people who were staying at said hotel. The hours have also been changed to the following:

• Sundays to Wednesday: 3am-9am
• Thursday to Saturday: 4am-9am

The ban also does not include places of sale such as supermarkets, shops and grocery stores.

During the 2020 coronavirus disease pandemic in Panama, a dry law has been imposed by government authorities from March 24 until the end of the national emergency, that is, indefinitely.

Dominican Republic

In the Dominican Republic there is also "dry law". President Leonel Fernández Reina ordered by decree the control of the consumption and sale of alcoholic beverages. From Sunday to Thursday it can only be sold until midnight, in commercial establishments such as grocery stores, restaurants, bars, etc. On Fridays and Saturdays the hours are extended until two in the morning. This law is very hard affecting restaurants and bars, since the business that does not close or does not suspend the sale of alcoholic beverages after one minute of the time determined by law are closed and punished with fines, if they do not have a permit that enables them to work without restrictions. In some restaurants, bars and nightclubs that are located in hotels or resorts do not have time restrictions.

Venezuelan

In Venezuela, the government prohibits the sale and distribution of alcoholic beverages in the national territory 24 hours before each election, including restrictions on all vendors, liquor stores, supermarkets, restaurants, bars, clubs, and any premises that sell alcoholic beverages.

There is a partial restriction on the sale of alcoholic beverages, the hours for authorized outlets such as liquor stores and supermarkets are from 11 a.m. to 8 p.m. from Monday to Saturday, bars and restaurants can sell alcoholic beverages until later, with the limits of the schedules controlled by the municipalities, taking into account the characteristics of the premises, the area where they are located, etc. On election days (which are Sundays) the dry law applies to liquor stores, bars and restaurants from 2 pm on Friday until 6 pm on Monday.

Since 2007, a Semi-Dry Law has been applied during Holy Week and Carnival, this in order to reduce the intake of alcohol by drivers who travel during this season, thus seeking a reduction in traffic accidents. However, this space has allowed illegal liquor stores.