Section 349 in Rules under the United Provinces Excise Act, 1910
349. General conditions for country spirit hemp drugs or tari shops.
(1)Every shop shall, unless exempted by the Excise Commissioner or any officer not below the rank of Excise Inspector to whom he may delegate this power, be kept open every day through out the year and the licence-holder shall maintain at his shop a minimum quantity of the intoxicant for which he holds the licence and the same shall be fixed by the Collector for each shop with due regard to the normal demand of consumers in the locality.Notes. - (1) This condition does not apply to tari licences settled under the Auction System, but it does to those settled under the 'tari tax system'.(2)The power of exemption has been delegated to Collectors, District Excise Officers and Excise Inspectors. As a rule the power should be exercised by the latter who have been authorised to grant exemption to any licence-holder within their circle-(a) on a fixed day each week, and (b) on any other day on the ground of urgent necessity.(2)The licence-holder shall not allow sales to be made by any women except his wife, daughter or other near female relation living with him.(3)No person under the age of eighteen (except a member of the family of the vendor) shall be permitted to enter the shop during tire hours of sale.(4)Sales shall be made on payment in cash only.Note. - In backward to acts payment in grain may be permitted with the sanction of the Excise Commissioner. An entry to this effect will be recorded on the licence.[350. Further conditions binding on same category of F. L. Shop. - The following further conditions are binding on retail shops for the sale of foreign liquor :(1)Country spirit shall not be kept on the same premises.Note. - This condition does not apply to canteen tenant licences.(2)If the Excise Commissioner has prohibited the sale of any particular brand of foreign liquor is being unwholesome, that brand shall not be kept or sold under this licence.(3)The sale strength of foreign liquor (other than Beer, Rectified spirit and Denatured spirit) shall be 30 per cent V/V. Reduction of strength of spirit, except under the special order of the Excise Commissioner is prohibited.Notes. - (i) Canteen tenant licences are permitted to store and sell spirituous liquor diluted with mineral water with the permission of the General Officer Commanding.(ii)The sale-strength prescribed for whisky, brandy, rum and gin are the apparent strength as indicated by the hydrometer. A margin up to 10 below the prescribed strength is however, allowed in the case of such spirit contained in sealed capsuled bottles.(4)No sale of brandy, whisky, gin and rum shall be allowed in bottles of capacity lesser than 625, 313 and 157 millilitres in the case of quart, pint and half-pint bottles, respectively.(5)In the following cases, the guaranteed fluid contents of the bottles shall be clearly indicated in bold letters on the label, whether the liquor is bottled in India or abroad :(a)Quart bottles of whiskey, brandy or rum if containing less than 710 millilitres of such spirit.(b)Quart bottles of gin, if containing less than 682 millilitres of gin.(c)Pint bottles of whisky, brandy or rum, if containing less than 355 millilitres of such spirit.(d)Pint bottles of gin, if containing less than 341 millilitres of gin.(e)Half-Pint bottles of whisky, brandy or runv if containing 185 millilitres of such spirit.(f)Half-pint bottles of gin if containing less than 171 millilitres of gin.(6)No greater quantity of liquor than 1.5 litres, 171 millilitres and no greater quantity of beer than 2.6 litres shall be sold to any person at one time.(7)No drug or deleterious substance shall be added to the liquor, nor shall any adulterated liquor be knowingly stored or sold.(8)The licence-holder shall receive no other article but money in barter for any intoxicant, the sale of which is covered by this licence.(9)Bottling and compounding of any liquor are prohibited. The alteration of the original labels under which spirits or fermented liquors have been received is also prohibited.(10)No person under the age of twenty-one years shall be employed with or without remuneration in the licensed premises.(11)Except with the previous permission in writing of the Excise Commissioner, no women shall be employed with or without remuneration in the licensed premises.Notes - (1) Conditions 10 and 11 do not apply to the shop licensed for consumption 'off' the premises.(2)Infringement of conditions 10 and 11 is punishable under Section 61 and cannot be dealt with under Section 64 or 74 of the Excise Act, 1910 (U. P. Act IV of 1910).(12)The licensee shall exhibit at a prominent place in his shop a list of all brands of foreign liquor available at the shop for sale giving their retail prices as may be fixed by the Excise Commissioner from time to time or where no such prices have been fixed by the Excise Commissioner, the retail price as fixed by him reasonable of his own].
