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State of Chattisgarh - Section

Section 8 in The C.G. Foreign Liquor Rules, 1996

8. Sale of foreign liquor.

(1)Categories of licences. - Licences for the sale of foreign liquor shall be of the following categories and the mode of grant of these licences shall be as indicated hereunder :-
(a)FL 1-(Licence for retail sale of foreign liquor in sealed bottles, not to be consumed on the premises). - The licence in Form FL 1 shall be disposed of by auction/tender or under the 'Fee-per-bottle-system' or a combination of both the systems or in such other manner as the State Government may from time to time, by general or special order direct. The licence fee under the auction system shall be the amount of bid, accepted by the competent authority, obtained at the auctions or tenders. The scale of fee under 'Fee-per-bottle-system' shall be such as may be determined by the State Government from time to time. The licensee, holding a licence in Form FL 1, shall sell foreign liquor in sealed bottles to consumers and to FL 2, FL 3, [FL 4, FL 4-A] [Substituted by Notification No. (58)-B-1-111-98-CTD-V, dated 10-12-1999.] and FL 5 licensees.
(aa)[ FL 1-A-(An "Off" licence under auction amount adjustment system for the retail sale of foreign liquor alongwith permission to sell country liquor in sealed bottles not to be consumed on the premises). - Procedure prescribed for the disposal of FL 1 licences as indicated in clause (a) above, shall apply mutatis mutandis to the disposal of this licence also. The FL 1-A licence shall sell foreign and country liquor in sealed bottles to consumers and foreign liquor in sealed bottles to FL 2, FL 3, FL 4, FL 4-A, and FL 5 licensees.] [Substituted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.]
[(aa-1) FL 1-A A-(Tribal Co-operative Society's licence for retail sale of foreign liquor in sealed bottles not to be consumed on the premises). - This Licence may be granted to a Tribal Co-operative Society in the Schedule areas of the State as specified in the Schedule appended to this Department Notification No. 531-83-V-SR, dated 19th February, 1981 in accordance with the guidelines issued by the State Government or the Excise Commissioner with the approval of the State Government, on payment of such licence fee, in such manner for the period of licence as determined by the Collector. The Tribal Co-operative Society holding licence in Form FL 1-A A shall be permitted to sell foreign liquor in sealed bottles to consumers as well as to FL 2, FL 3, FL 4 and FL 5 licences. [Inserted by Notification No. (27)-B-1-149-97-ST-V, dated 2-9-1997.]Explanation. - A Tribal Co-operative Society will be such registered Co-operative Society of which all the members belong to the Scheduled Tribes as specified in the Constitution (Scheduled Tribes) Order, 1950 in relation to Chhattisgarh.][(aa-2) FL 1-AAA-(An "On" licence under auction amount adjustment system for the retail sale of foreign liquor and country liquor with permission to consume it on the licensed premises). - Procedure prescribed for the disposal of FL 1 licence as indicated in clause (a) above shall apply mutatis mutandis to the disposal of this licence also. The holder of licence in Form FL 1-AAA shall sell foreign/country liquor to consumers which may be consumed on the licensed premises. He will however sell foreign liquor only in sealed bottles to FL 2, FL 3, FL 4, FL 4-A and FL 5 licensees.] [Inserted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.]
(aaa)FL 1-B-(AHATA-Licence). - The licence, which may be granted to an FL 1 or FL 1-A licensee only, shall permit consumption of [foreign/country liquor] [Substituted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.] within any premises or AHATA which shall be adjunct to the premises of FL 1 or FL 1-A licence, specifically mentioned in the schedule annexed to the licence.
(aaaa)[omitted] [Omitted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.]
(aaaaa)[ Licence in form FL 1-D. - This licence is for retail sale of foreign liquor under Chhattisgarh Excise Settlement of Licence for Retail Sale of Foreign Liquor (in districts Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001.] [Inserted by Notification No. F-10/227/2001/CT/V (20), dated 4-6-2001.]
(b)FL 2-(Public House or Restaurant Bar Licence). - FL 2 licence holder may sell beer to the visitors to or customers of the restaurant for consumption on the licensed premises with meals or snacks.
(c)FL 3-(Hotel Bar Licence). - FL 3 licence holder may sell foreign liquor for consumption on the licensed premises to residents of such hotels for their own use or that of their guests and other casual visitors, with meals and snacks. This licence may be granted to hotels having both lodging and boarding facilities of such scale and standard as may be determined by the State Government.
(d)PL 4-(Civilian Club Licence). - A civilian club holding FL 4 licence may possess and sell foreign liquor for consumption on the licensed premises by bonafide members of such club or their guests.
(dd)[ PI 4-A-(Commercial Club). - A commercial club licence may be granted to a company, firm, association of persons or any other concern which possesses atleast five of the facilities listed below of which facilities Nos. (a-1) and (a-2) are a must:- [Inserted by Notification No. (58)-B-1-111-98-CTD-V, dated 10-12-1999.]
(a-1) Swimming pool;(a-2) Gymnasium having not less than 12 items for physical exercise;(a-3) Badminton hall;(a-4) Billiards/pool table;(a-5) Table tennis hall;(a-6) Squash Court;(a-7) Cards room;(a-8) Lawn tennis Court.The licensee may possess foreign liquor at the licensed premises and sell it thereat to members of the club or their bonafide guests when accompanied by the member of the club].
(e)FL 5-(Occasional Licence). - FL 5 licence holder may possess and sell foreign liquor at dances, sports or other forms of public occasions of purely temporary nature for consumption on the premises specified in the schedule attached with the licence.
(f)FL 6-(Military Canteen Wholesale Licence). - A military canteen holding FL 6 licence, may possess and sell foreign liquor in wholesale to FL 7 or FL 8 licensees. The licensee shall procure its requirements either by purchase from [FL 9, FL 9-A or FL 10-A] [Substituted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.] licensee or by importation.
(g)FL 7-(Military Canteen Retail Licence). - A military canteen approved by and attached to Armed Forces, Border Security Force, Indo-Tibetan-Border Police, [Central Industrial Security Force, Central Reserve Police Force] [Substituted by Notification No. (59)-B-1-176-99-CTD-V, dated 17-12-1999.] or any other Para-military force notified by the State Government holding FL 7 licence may possess and sell foreign liquor to FL 8 licensee or to the bonafide defence and police personnel who are duly authorised under the relevant regulations to make such purchases from such canteens. Sales shall be in sealed bottles, consumption on the premises shall be prohibited. The licensee shall procure its stocks by taking issues from FL 6 licensee.
(h)FL 8-(Military Club Licence). - A military club holding FL 8 licence, may possess and sell foreign liquor in a club or mess run for military or para-military personnel for consumption on the licensed premises by bonafide members of the said club or mess or their guests.
(i)FL 9-(Bottling Licence). - Holder of an FL 9 licence which may be granted for bottling of foreign liquor, may manufacture and bottle foreign liquor by blending, compounding and reducing spirit. The licensee may sell or transfer foreign liquor to FL 6, FL 10 and FL 11 licensees including the licensees of other States. He shall pay bottling fee at the prescribed rate.
(j)[ FL 9-A-(Special Bottling Licence). - This licence may be granted to such FL 9 licensee who has been franchised (authorised/ conferred franchise) for bottling specified labels or brands of foreign liquor by the owner of such labels or brands, when foreign liquor of such labels or brands was or is already being manufactured anywhere outside Chhattisgarh at the time of or before franchising of the concerned FL 9 licensee by the owner of the labels of brands. This licence shall also be required to be taken by an FL 9 licensee, who wants to manufacture or manufactures foreign liquor of any labels or brands belonging to or owned by the FL 9 licensee himself if foreign liquor of such labels or brands was or is already being manufactured anywhere outside Chhattisgarh.] [Substituted by Notification No. (12)-3-1-86-96-CTD-V, dated 14-5-1998.]
(k)[ FL 10-(Manufacturer's Distribution Licence). - The licence shall be exclusively for Chhattisgarh State Beverages Corporation Limited, Raipur. The licensee may purchase and stock foreign liquor of only those brands and labels, which are registered under Rule 9. [Substituted by Notification No. F-10-6-2002/CT (Ex)/V (78), dated 8-7-2002 (w.e.f. 1-4-2002).]
The licensee may purchase/ transfer stock of foreign liquor, from FL 9, FL 9-A and B-1 A licensees or from similar licensees outside Chhattisgarh State the stock manufactured/bottled by them. The licensee shall pay import fee etc., as per prevailing rules.The stock thus procured and stocked by the FL 10 licensee, may be sold to FL 1-A, FL 1-AA, FL 1-AAA or FL 1-D licensees. This licensee may stock and sell foreign liquor at more than one places/districts, as may be convenient.][(k-1) FL 10-A-(Outside Manufacturer's Central Godown Licence). - This licence shall be granted to a licensee holding an appropriate licence for the manufacture of foreign liquor outside the Chhattisgarh. [x x x] [Inserted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.] The licensed premises shall be located at the headquarters of the concerned division. The licensee shall be permitted to import/stock without payment of duty only those labels of foreign liquor that are being manufactured outside Chhattisgarh under an appropriate licence and which are registered with the Excise Commissioner, Chhattisgarh under Rule 9. He shall be permitted to transfer/transport his stock of foreign liquor to any FL 10 licensee of Chhattisgarh authorised under these rules to stock/sell the concerned label. Such transfer/transport shall be without payment of duty. He may also sell to any FL 6 licensee without payment of duty and to any FL 11 licensee after prepayment of duty.]
(l)FL 11-Licence (Wholesale licence of foreign liquor). - The licensee shall stock tod sell only such foreign liquor on which duty at the prescribed rate has been prepaid and shall sell foreign liquor to such licensee/clubs as directed by the Excise Commissioner. He may also be allowed to import foreign liquor under Rule 10(2). No licence in Form FL 11 shall be granted or renewed in the State, if the "auction-money-adjustment-system" of grant of licences in Form FL 1-A is in operation as described in Rule 11(A) of General Licence Condition Rules.
(2)[Period of licences and their renewal.] [Substituted by Notification No. (27)-B-1-25-2000-CTD-V, dated 31-3-2000.] - Licences in Forms FL 1-B, FL 2, FL 3, FL 4, FL 4-A, FL 6, FL 7, FL 8, FL 9, FL 9-A, FL 10, FL 10-A and FL 11 may be granted for one year and in Form FL 5 for a particular occasion on prepayment of licence fee fixed by the State Government which may be revised from time to time. All these licences including licences in Forms FL 9, FL 9-A, FL 10, FL 10-A and FL 11 but excluding licence in Form FL 5, will be subject to renewal every year on payment of the prescribed licence fee, subject to good conduct and clean record of the licensee and due observance of licence conditions, provisions of the Act and rules made thereunder. The licences in Forms FL 1, FL 1-A, FL 1-AAA, FL 1-B shall be granted for a period of one year or a shorter period unless directed otherwise by the State Government.
(3)[ Licensing Authorities. - Licences in Forms F.L.4, (F.L. 4A), F.L. 9, F.L. 9A, (F.L. 10, F.L.10A), and F.L. 11 shall be granted and issued by the Excise Commissioner. Licences in Forms F.L. 1, F.L. 1A, F.L. 1AA, F.L. 1AAA, F.L. IB, F.L. 2, F.L. 3, F.L. 5, F.L. 6, F.L. 7 and F.L. 8 shall be granted by the Collector of the district.] [Substituted by Notification No. F-10-8(A)/2001/CTD/V/634, dated 29-3-2001.]
(4)Minimum quantity of sale for certain licensees. - FL 6, FL 9, FL 9-A, FL 10, FL 10-A and FL 11 licensees shall not sell foreign liquor in a quantity less than 54 bulk litres in a single transaction.
(5)Procedure for application and sanction of the licences. - Application for the grant of any licence cited in sub-rule (1) shall be submitted to the licensing authority specified in sub-rule (3), who may, after necessary enquiries and observing the procedure prescribed by the State Government, or the Excise Commissioner, may grant licence if the applicant is found suitable or refuse to grant the licence.
(6)[Attachment of certain licences with the nearest FL 1, FL 1-A, FL 1-AA, FL 1-AAA, [FL 1-D] [Substituted by Notification No.(27)-B-1-25-2000-CTD-V, dated 31-3-2000.], FL 10 or FL 10-A licences.] - (a) FL 2, FL 3, FL 4, FL 4-A or FL 5 licensee shall purchase foreign liquor from such FL 1, FL 1-A, FL 1-AA, FL 1-AAA or [FL 1-D] [Inserted by Notification No. F-10/227/2001/CT/V (20), dated 4-6-2001.] licensee of the district as may be specified by the Collector in accordance with the general directions of the Excise Commissioner or State Government. Purchase of such brands or labels, that are not available with any FL 1, FL 1-A, FL 1-AA, FL 1-AAA or [FL 1-D] [Inserted by Notification No. F-10/227/2001/CT/V (20), dated 4-6-2001.] licensee of the district, from any similar licensee of any other neighbouring district of the State, may be authorised by the Excise Commissioner in special circumstances.
(b)Similarly, every FL 1, FL 1-A, FL 1-AA, FL 1-AAA or [FL 1-D] [Inserted by Notification No. F-10/227/2001/CT/V (20), dated 4-6-2001.] licensee shall, after paying duty and bottle fee in his district, procure his supplies of liquor from any FL 10, FL 10-A licensee functioning in the division in which the district is situated. In case a brand or label of foreign liquor is not available with any FL 10, FL 10-A licensee of the division, or if certain special circumstances warrant so, such FL 1, FL 1-A, FL 1-AA, FL 1-AAA or [F.L. 1-D] [Inserted by Notification No. F-10/227/2001/CT/V (20), dated 4-6-2001.] licensee may be permitted by the Excise Commissioner to purchase such brand or label from any FL 10, FL 10-A licensee operating in any other neighbouring division.
(7)[Restriction regarding stocking and sale on certain licensees.] [Substituted by Notification No. (58)-B-1-111-98-CTD-V, dated 10-12-1999.] - FL 2, FL 3, FL 4, FL 4-A, FL 5 and FL 8 licensees shall be permitted to sell foreign liquor only from open bottles in glasses or pegs for consumption on the licensed premises and foreign liquor thus sold, shall not be removable therefrom. FL 2 licensees shall be permitted to sell beer only for consumption on the licensed premises.
(8)All licensees to obtain transport permit. - Every licensee shall obtain permit in the prescribed form for transporting foreign liquor to his licensed premises.