Prohibited alcoholic beverages

In France, the production and sale of certain beverages with a particularly high alcohol content are prohibited. This applies to:

• wine-based aperitifs with an actual alcohol content of more than 18%

• anise-flavored spirits with an alcohol content of more than 45%

• bitters, amers, goudrons, gentianes, and all similar products with a sugar content of less than 200 grams per liter and an alcohol content of more than 30%

• absinthe, depending on certain production methods.

Regulation of Sales and Consumption Venues

Regulations governing the sale of alcoholic beverages are based on a classification of beverages, grouped according to their alcohol content or production methods (Art. L3321-1 of the Public Health Code)
This classification determines the licenses required for alcohol sales, whether for takeout (stores, online sales) or for on-premises consumption (cafés, bars, nightclubs, restaurants).
To operate a licensed establishment for takeout or on-premises consumption, one must hold a license obtained by filing a declaration with the town hall.
For establishments serving on-premises, the regulations are stricter:

• the establishment of Class IV licensed establishments (authorized to sell all types of beverages) is not permitted, except through the transfer of an existing license;

• there are quotas that must be met (1 establishment per 450 residents);

• it is prohibited to open drinking establishments in so-called protected zones, such as around a school.

Furthermore, to open a licensed establishment for on-premises consumption or a takeout establishment between 10 p.m. and 8 a.m., one must hold an “operating permit,” which is obtained after completing training covering, in particular, alcohol sales regulations and preventive measures.
Finally, the Public Health Code regulates the establishment of temporary licensed establishments (fairs, parties, etc.).
Furthermore, local regulations, particularly municipal ones, may prohibit the consumption of alcohol on public streets.
Like any administrative police measure restricting a freedom, these prohibitions cannot be absolute, and the administrative judge will ensure that they are proportionate to the intended purpose, in this case the protection of public order.

Regulations on sales procedures

The terms and conditions for selling alcohol are regulated to limit access to it or make it less attractive. Thus, the following are prohibited:

• the street vending of beverages in the 4th and 5th categories

• the sale via vending machines

• sale on credit

• all-you-can-drink packages (so-called “open bars”)

• the sale of chilled alcohol at gas stations

• the sale of alcohol between 6 p.m. and 8 a.m. at gas stations

“Happy hours” are permitted provided that non-alcoholic beverages are also offered.

Restricted advertising

In France, advertising for alcoholic beverages is regulated. These regulations apply to both the medium used for advertising and its content.

• The law strictly defines the media on or through which alcohol advertising is permitted. All media not mentioned in the law are prohibited.

• Thus, advertising is prohibited:

  • on television or in movie theaters,

  • in publications intended for young people,

  • on the radio during hours when children may be listening,

  • on websites intended for young people or related to sports.

However, billboard advertising is permitted.

• Advertisements for alcoholic beverages must be limited to their so-called “objective” elements (origin, description, method of consumption, etc.).

• Except in specific cases, advertisements must include a preventive health warning: “Alcohol abuse is dangerous to your health.”

• The law prohibits sponsorship activities (such as at sporting, festive, or cultural events) by producers of alcoholic beverages. Only patronage is permitted.

Penalizing Public Drunkenness

Public and obvious drunkenness is an offense that penalizes being intoxicated in a public place. It has two objectives: to prevent disturbances of public order and to protect individuals. To be punishable, the intoxication must be public (it is not prohibited in private) and it must be obvious. In other words, intoxication is a tangible fact manifested in the person’s behavior; therefore, it is not tied to a specific blood alcohol level.
Two types of measures may be imposed:

• A criminal penalty in the form of a second-class fine (maximum of 150 euros)

• Detention in a “detention cell until the person has regained their senses”

For licensed beverage vendors, serving alcohol to people who are clearly intoxicated or allowing them into their establishments is punishable by the fine prescribed for fourth-class offenses (maximum of 750 euros).
Intoxication, far from reducing criminal liability, is an aggravating circumstance in many cases. The law imposes harsher penalties for crimes against persons (assault, regardless of total incapacity to work, sexual assault, and rape) when they are committed “by a person acting in a state of obvious intoxication.” Similarly, intoxication is often a grounds for exclusion from insurance coverage.

Driving

As the leading cause of traffic fatalities and responsible for one in three accidents, drinking before driving is strictly regulated.
Thus:

• It is prohibited to drive a vehicle with a blood alcohol concentration (BAC) of 0.5 grams of alcohol per liter of blood or higher (0.2 g for holders of a provisional license), which is equivalent to a maximum of two standard drinks of pure alcohol, though this depends on the person’s health, level of fatigue or stress, smoking habits, or physical characteristics (weight, gender, age)…. The penalties provided by law are detailed in the table below.

• Breathalyzer tests are conducted in the event of a violation or an accident.

• As a preventive measure, in the absence of a prior violation or accident, checks may also be conducted at roadside checkpoints, at the initiative of the public prosecutor or a judicial police officer.

Protecting Vulnerable Populations

Minors

In addition to advertising restrictions designed to protect them, it is prohibited to:

• to sell or offer alcohol free of charge in public places to minors under the age of 18. Violation of this prohibition is punishable by law.

• to admit minors under the age of sixteen to establishments serving alcoholic beverages unless they are accompanied by a parent or a responsible adult. Again, failure to comply with this prohibition is subject to criminal penalties.

• to cause a minor to drink to the point of intoxication. If the person responsible is a parent, they may have their parental authority revoked or be required to complete a parenting education course (Article L3353-4 of the Public Health Code).

During pregnancy

Public authorities have been taking action for several years to better address the risk of fetal alcohol syndrome through various information and support measures:
Pursuant to the ministerial decree of October 2, 2006, a health warning aimed at pregnant women, advising against alcohol consumption, has been affixed to all alcohol packaging units since October 3, 2007.
These warnings can take two forms:

• a pictogram illustrating zero alcohol during pregnancy

• an informational statement: “Consuming alcoholic beverages during pregnancy, even in small amounts, can have serious consequences for the child’s health”