The Liberal Democrats want the law enforced to prevent alcohol relat-ed anti-social behaviour and violence.
The party found only five people had been fined for selling alcohol to someone already drunk in three years.
Under the Licensing Scotland Act, it is an offence to sell alcohol to a person who is drunk, punishable by a fine.
The LibDems backed the Scottish Govern-ment's proposals for minimum pricing and a ban on cut-price deals, but said more needs to be done to deal with drunken behaviour.
Lib-dem Justice spokeswoman Alison McInnes said the laws that already exist must also be used.
She said: "Our festive spirits shouldn't be dampened by the anti-social behaviour caused by binge-drinking. Not selling alcohol to people who are already drunk isn't just common sense, it's the law. These figures seem out of touch with reality.
"We know that Scot-land has a deep-seated unhealthy relationship with alcohol. Binge-drinking wreaks havoc in our towns and city centres.
"This is particularly true at the weekend, when anti-social behaviour rockets and police and health services are left to pick up the pieces."
Justice Secretary, Kenny MacAskill, answered the question from Ms McInnes, and said information was available only since 2009.
Ms McInness added: "Alcohol misuse costs Scotland an eye-water-ing £3.6billion per year.
"Liberal Democrats are pleased to have supported a ban on multi-buy deals and minimum pricing, which will have a significant impact on the scourge of alcohol misuse.
"However if we are serious about tackling alcohol misuse, we need to use all tools at our disposal and the law must be enforced. People should be able to go out in our town centres and enjoy themselves without having to worry about alcohol-related anti-social behaviour."