Section 7 in Andhra Pradesh Excise (Grant of licence of selling by in-house and conditions of licence) Rules, 2005
7. Restrictions on the grant of License.
(1)A license in forms TD-1, TD-2, C-l, CS-1 and EP-1 involving consumption of liquor at the premises shall not be granted.(I)Unless the premises has:-(a)a minimum plinth area of 100 Sq. meters.(b)Sanitary equipment like wash basin, water closet:(c)Facility for cooking and serving complete meals of good quality to the consumers,(d)Air conditioning or Air cooling facility where liquor is consumed.(e)Adequate vehicle parking arrangement.(II)Within 100 meters from educational institution recognized by the Government, places of public worship such as Temples registered by the Endowments Department, Mosques registered with the Wakf Board, Churches and Hospitals. Provided that in the limits of Municipal Corporations and within the belt area of 5 Kms. of the periphery of Municipal Corporations, the distance restriction mentioned above shall be 50 meters.(III)Within 500 meters of predominantly residential area but licenses may however be sanctioned if the proposed premises is located on a main road used for shopping purposes.(IV)Within 50 meters of a Highway(V)Unless the applicant produces the permission or the no objection certificate from the local authority concerned for the sale of liquor at the premises by the applicant.(VI)Unless the applicant produces the lease deed on a Stamp paper for the proposed licensed premises from the owner of the premises wherever necessaryExplanation. - For the purpose of this rule(a)"Place of public worship" means a temple registered with the Endowment Department. Mosque registered with Wakf Board and Church and includes such other religious institutions, as the State Government may by order specify in this behalf;(b)"Educational Institutions" means any Primary school, Middle School and High School recognized by the State Government or Central Government, Junior College or any College affiliated to any University established by law;(c)"High Way" means National High way or State Highway and shall not include the part of the National Highway or State Highway which passes within the limits of Municipal Corporation, Municipal Council or the Gouthan in any village or Panchayat area.(d)"Hospital" means any hospital which is managed or owned by a local authority. State Government or Central Government or any private hospital having a provision of at least thirty (30) beds.The distances referred above shall be measured from the mid-point of the entrance of the proposed premises along with the nearest path by which pedestrian ordinarily reaches to the midpoint of the i learest gate of the institution or a place of public worship, if there is a compound wall and if there is no compound wall to the mid-point of the nearest entrance of the Institution/place of public worship and in the case of residential areas to the entrance of the first house of such area as the case may be.(2)No licence shall be granted: -(a)In Form C-1 ("Club Licence) unless(i)the applicant is a registered club under the Societies Registration Act, 1860 with a bona fide membership of not less than 500 members and functioned as a club for not less than three years.Provided that the club which are not registerded under the Societies Registration Act, 1860 and which are not proprietary and are managed by a duly elected body of persons shall also be considered for grant of license subject to the condition that all the funds received by them are duly accounted for running the club and the profits are not distributed and appropriated by any individual or firm as per their bye-laws.Provided further that the clubs which are not registered under Societies Registration Act, 1860 and which are proprietary in nature i.e., owned by individuals, Partnership firm or Companies shall also be considered for grant of license on payment of license fee on par with a Licence in form IL-2B.(ii)the club is located in its own premises or premises allotted by the Government exclusively for setting up such club or located in a private premises taken on long lease for a period of at least 10 years from the date of first application for grant of new license and having a minimum area of 1,500 Sq.Mts. including built up area of at least 500 Sq.Mts. of this a minimum area of 50 Sq.Mts. has to be set apart for consumption.(iii)the club has facility for not less than three items out of the following items; namely: -(a)Billiards,(b)Lawn tennis or Table tennis.(c)Shuttle Badminton or Ball Badminton,(d)Gymnasium or Health Club,(e)Swimming pool.(b)In Form CS-1 (In-house consumption in Military canteens), unless the Officer in Command of the Station with the prior approval of Military Canteen Department makes the application;Provided that the Commissioner may refuse grant of licence for reasons to be recorded.(c)In Form CS-2 (In-house sale in Military Canteen) unless the officer in command of the Station with the prior approval of the Military Canteen Department makes the application.(d)[Not given).(e)In Form CS-3 (Canteen Stores (In-house Storage and supply) unless the Military Officer in-charge of the Military Canteen Stores Department makes the application.
