Wine Law
In any other events or matters, and with the exception of this regional regulation, the legal regime for alcohol consumption on public roads is municipal in Spain, so that it will be necessary to go to the ordinance approved by the City Council in plenary session 20 , to analyse the specific regime legal of this practice. With a merely indicative character and with a homogenising effort, the Spanish Federation of Municipalities and Provinces (hereinafter FEMP) has at the disposal of the nearly nine thousand Spanish municipalities a model of regulatory ordinance for the misuse of alcoholic beverages. Article 17.2 of this model ordinance contemplates the prohibition of the consumption of alcoholic beverages on public roads, unless authorised 21 . Likewise, it prohibits, under the responsibility of the owner, manager, person in charge or legal representative of the activity, that consumers take alcoholic beverages out of the establishment onto the public highway. D) Road safety One of the sectors in which the consumption of alcoholic beverages is traditionally prohibited above certain levels is in the driving of motor vehicles for obvious reasons of road safety. In this sense, the Article 14 of Royal Legislative Decree 6/2015, of 30 October, which approves the revised text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, prevents the driver from being able to circulate on the roads subject to the law of any vehicle with alcohol levels higher than those determined by regulation. The regulatory development of this precept corresponds to Royal Decree 1428/2003, of 21 November, which approves the General Traffic Regulations for the application and 20 According to the procedure regulated in the Articles 132 and 133 LPAC, 20(1)(c) LBRL and 82(2), 123 and 126 ROFEL. 21 This authorisation is intended for the celebration of festivities and festivals, or concerts. These licenses are contemplated in Article 8 of the referred standard ordinance: “Popular Festivities. a) Activities related to the sale and consumption of alcohol on the public highway on employer holidays or popular festivities, must have the corresponding municipal license. Its concession or denial will be adjusted to its specific regulations, as well as the requirements and conditions established in this Ordinance; b) For security reasons, in those mass shows such as concerts or other similar events that are held with municipal authorisation that include the possibility of dispensing alcoholic beverages, these will be served in plastic cups, not allowing in any case glass containers, glass, as well as cans or the like; c) Holders of the concession for the installation of a bar or other similar classified activity, must place in a place visible to the public: That they have an activity license to supply and / or consume alcoholic beverages”.
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