MPFL Rules 8

Section 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) F.L. 1 (Licence for retail sale of foreign liquor in sealed bottles, not to be consumed on the premises). - The licence in Form F.L. 1 shall be granted individually on fixed basic licence fee and licence fee, by inviting applications for each shop, and if the number of applications are more than one then by disposing of applications by draw of lottery or in such other manner as the State Government may direct from time to time. The F.L. 1 licensee shall sell foreign liquor in sealed bottles to consumers and to F.L. 3, F.L. 4, F.L. 4-A and F.L. 5 licensees :Provided that if no application is received, then the State Government may grant licence in such other manner as directed by general or special order.][(aa) Omitted][(aa-1) Omitted][(aa-2) F.L. 1 AAAA (licence for retail sale of foreign liquor in sealed bottles with permission to consume it on the licensed premises) Procedure prescribed in clause (a) above for the disposal of F.L. 1 licence shall apply mutatis mutandis to the disposal of this licence also. The holder of licence in Form F.L. 1 AAAA shall sell foreign liquor to consumers which may be consumed on the licensed premises and shall sell foreign liquor only in sealed bottles to F.L. 3, F.L. 4, F.L. 4-A, and F.L. 5 licensees.]

(aaa)

F.L. 1-B-(AHATA-Licence). - The licence, which may be granted to an F.L.l or F.L.l-A licensee only, shall permit consumption of [foreign/country liquor] within any premises or AHATA which shall be adjunct to the premises of F.L. 1 or F.L. 1-A licence, specifically mentioned in the schedule annexed to the licence.

[(aaaa) F.L. 1-D (Licence for sale of Beer in sealed bottles/containers, not to be consumed on the premises. - The licence may be granted on such terms and conditions and the manner as prescribed by the State Government by general or special order.][(b) Omitted.]

(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)

FL 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) FL 4-A-(Commercial Club). - A commercial dub 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 :-(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] 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] 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 [x x x] and FL 11 licensees including the licensees of other States. He shall pay bottling fee at the prescribed rate.

[(j) F.L. 9 A (Special Bottling Licence). - The licence may be granted to such F.L.9/[B-3] licensee who has been franchised (authorised/ conferred franchise) for bottling specified labels or brands of foreign liquor/Beer by the owner of such labels or brands when foreign liquor/Beer of such labels or brands was or is already being manufactured any where outside Madhya Pradesh at the time of or before franchising of the concerned F.L. 9/B-1A licensee by the owner of the labels or brands. The Licence shall also be required to be taken by an F.L. 9/B-1A licensee, who wants to manufacture or manufactures foreign liquor/Beer of any labels or brands belonging or owned by the F.L. 9/B-1-A licensee himself if foreign liquor/Beer of such labels or brands was 6r is already being manufactured anywhere outside Madhya Pradesh.][(k) Omitted.][(k-1) F.L.10A (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 Madhya Pradesh. This licence may be granted at the divisional headquarters only i.e. Indore, Bhopal, Jabalpur, Gwalior, Ujjain, Sagar, Rewa, such licence may be granted for one or more said divisions. The licensee shall be permitted to import/stock without payment of duty only those labels of foreign liquor that are being manufactured outside Madhya Pradesh under an appropriate licence and which are registered with the Excise Commissioner, Madhya Pradesh under Rule 9. He shall sell his stock without payment of duty to an F.L. 6 licensee or may transfer/transport it to 'foreign liquor warehouse' for being stored therein.]

(l)

FL 11-Licence (Wholesale licence of foreign liquor). - The licensee shall stock and sell only such foreign liquor on which duty at the prescribed rate has been pre-paid 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. - Licences in Forms [F.L-1 AAAA], F.L. 1B, F.L. 2, F.L. 3, F.L.4, F.L. 5, F.L. 6, F.L. 7, F.L. 8, F.L. 9, F.L. 9A, and F.L. 11 may be granted for one year and in Form F.L. 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 licence in Forms F.L. 9, F.L. 9A and F.L. 11 but excluding licence in Form F.L. 5 will be subject to renewal every year on payment of the prescribed licence fee, subject to good conduct and clean records of the licensee and due observance of licence conditions. Provisions of Act and rules made thereunder. The licences in Forms F.L. 1, F.L. 1AAA, [F.L.-1 AAAA], F.L. IB, F.L, 1D, F.L. 10 and F.L. 10A 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. 10A and F.L. 11 shall be granted and issued by the Excise Commissioner. F.L. 2 and F.I . 3 licences shall be granted by the Collector as per the guidelines laid down by the State Government. Collector shall also be the licensing authority for F.L. 1, F.L. 1A, F.L. 1AAA, F.L. 1B, F.L. 1D, F.L. 5, F.L. 6, F.L. 7 and F.L. 8 licences.][(4) Omitted]

(5)

Procedure for application and sanction of the licences. - Application for the gram 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, [x x x] FL 1-AAA [x x x] or FL 10-A licences.] - (a) FL 2, FL 3, FL 4, FL 4-A or FL 5 licensee shall purchase [foreign liquor (excluding beer)]from such FL 1, Fl 1-A, [x x x] or FL 1-AAA licensee of the district [and shall purchase beer from such F.L. 1D licensee] 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, [x x x] or FL 1-AAA 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) Omitted]

(7)

[Restriction regarding stocking and sale on certain licensees.] - 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 premise's and foreign liquor thus sold, shall not be removable therefrom,[omitted.]

(8)

All licensees to obtain transport permit. - Every licensee shall obtain permit in the prescribed form for transporting foreign liquor to his licensed premises.

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