The liability of the venue owner/operator in case of drug use or sale in the workplace; It comes to the agenda in penal (TCK Article 190), administrative (sealing, closure, license cancellation) and tax dimensions.
Criminal Liability — TCK Article 190
The owner of the venue may be held criminally liable under Article 190 for the act of providing an environment to the users; The attitude of "deliberately ignoring" despite having no knowledge can also be considered close to intent. Mere ownership of space does not create automatic liability; The element of knowledge/intention is sought.
Art.188 — Active Participation
If the owner of the premises actively participates in the sale of the substance, it is a crime of sale within the scope of Art.188/3, and if it provides direct supply to the customer, Art.188/3 "giving away" is committed.
Administrative Sanctions
- Business Opening and Working License: Provincial health/municipal sealing and license cancellation.
- Sealing: Closing the workplace for a certain period of time.
- Fine penalties under the Misdemeanor Law and special regulations.
- Ministry of Tourism sanctions for hotels and entertainment venues.
Supreme Court 10th CD — Principle
10. The CD seeks to clearly draw the line between "deliberate ignorance" and "ignorance" under the responsibility of the venue owner, and to prove the venue owner's concrete knowledge through camera recordings/staff statements/communication traffic.
Preventive Measures for the Operator
Critical Points During the Investigation Phase
- Presence/absence of the venue owner at the time of operation.
- Independent statements of staff.
- Camera recordings (deleted or manipulated).
- Is it the first check or has a warning been given before.
"Front searches" and Customer Rights
During the operation, a judge's decision or concrete suspicion is required to search customers. An illegal search may cause problems in terms of evidence.
Business ownership creates a "position" responsibility; Therefore, venue policies should be reviewed with criminal and commercial law lawyer.