Andhra Pradesh Excise Rules, 2005 - Amendments to Rule 1,2,3,4,5,6,9, 10, 11 and 13

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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - Andhra Pradesh Excise (Grant of Licence of Selling by Bar and
Conditions of Licence) Rules, 2005 - Amendments to Rule
1,2,3,4,5,6,9, 10, 11 and 13 – Orders – Issued.

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REVENUE (EXCISE-II) DEPARTMENT
G.O.MS.No. 470 Dated: 10-11-2016
 Read the following:
1. G.O. Ms. No. 997, Rev(Ex-II)Dept, Dated:24.05.2005.
2. G.O. Ms. No.390, Rev(Ex-II)Dept, Dated:18.06.2012.
3. G.O. Ms. No.357, Rev(Ex-II)Dept, Dated:22.06.2013.
4. G.O. Ms. No.264, Rev(Ex-II)Dept, Dated:22.06.2014.
5. G.O. Ms. No.219, Rev(Ex-II)Dept, Dated:22.06.2015.
6. G.O. Ms. No.468, Rev(Ex-II)Dept, Dated:11.12.2015.
7. G.O. Ms. No.469, Rev(Ex-II)Dept, Dated:11.12.2015.
8. G.O. Ms. No.470, Rev(Ex-II)Dept, Dated:11.12.2015.
9. G.O. Ms. No.478, Rev(Ex-II)Dept, Dated:18.12.2015.
10. From the Commissioner of Prohibition & Excise, A.P.,
 Cr.No.2997/2015/CPE/E3, Dt:02.08.2016.

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O R D E R:

 The following Notification will be published in an Extra-ordinary
Issue of the Andhra Pradesh Gazette, dated the 11th day of November,
2016.

NOTIFICATION

 In exercise of the powers conferred by section 72 read with
sections 17, 28 and 29 of the Andhra Pradesh Excise Act, 1968 (Andhra
Pradesh Act 17 of 1968), the Governor of Andhra Pradesh hereby makes
the following amendments to the Andhra Pradesh Excise (Grant of
Licence of Selling by Bar and Conditions of Licence) Rules, 2005 issued in
G.O.Ms.No.997, Revenue(Ex.II)Department, dated the 24th May, 2005
and published in the Andhra Pradesh Gazette No. 17 (Extraordinary)
Rules Supplement to part II, dated 24.05.2005 and as amended from
time to time:

AMENDMENTS

 In the said Rules,
1. In rule-1 for sub-rule (1) the following shall be substituted,
namely,-
“(1) These rules may be called The Andhra Pradesh Excise
(Grant of Licence of selling by Bar and Beer and Wine parlors
and conditions of licence) Rules, 2005.”
2. For rule-2, the following shall be substituted, namely,-
“These rules shall apply for the grant of Licence by Bar
and Beer and Wine parlors conditions governing thereof and
transport of Indian Made Foreign Liquor and Foreign Liquor
by such licensees.”
3. In rule-3,
(1) After clause (b), the following shall be added, namely, -
(i) “Beach Shacks” means a small semipermanent
structure located along the beach
where food is served.

(2) After clause (l), the following shall be added, namely, -
“(i) “Parlor” means the privilege granted under
this Act to an establishment where food is
served, for sale of Beer, Wine and Ready to Drink
alcoholic beverages, in sealed bottles or in loose
for consumption on the licensed premises;”

(3) After clause (o), the following shall be added, namely, -
“(i) “Ready to Drink Alcoholic Beverage” means any
low alcoholic beverage made from spirit or any
alcoholic beverage as base with admixture of
natural juices and / or artificial flavors, spices
coloring agents and sugar containing added
alcohol of not more than 8% V/v, usually
carbonated.”

(4) For clause (l), the following shall be substituted,
namely, -
“ l) “Licence period” means a period of 12 months
beginning from the 1st January of the year and ending
with 31st December of the year or part thereof.”

4. After rule-4, the following shall be added, namely,-
“4A. A licence in Form – 2B (A) may be granted to an
establishment licensed by the local authority to serve food
such as a hotel or a Restaurant, for sale of Beer, Wine and
Ready to Drink Alcoholic Beverages in glasses or in sealed
bottles for consumption within the licensed premises but not
for sale by removing it out of the licensed premises. Such
license may be granted to the establishment functioning in
Municipal Corporations, Tourism Centers (Except places of
religious Tourism) as notified by the Department of Tourism
of State Government or Central Government in the Tourism
Policy 1998 vide G.O.Ms.No.5 & 6, YAT & C (T) Dept., dated
18.12.1998 and Beach Shacks recognized by the APTDC and
in the tourism resorts registered with Tourism Department in
order to promote tourism in the State.

5. After rule-5, the following shall be added, namely,-
5A. (1) The person intending to establish a Beer and Wine
Parlor to serve Beer, Wine and Ready to Drink Alcoholic
Beverages, may submit an application in Form-1B(A) to the
Commissioner enclosing a challan of Rs. 1,00,000/- towards nonrefundable
application fee.

(2) Subject to such directions which the Government may
issue in this regard from time to time in regard to the number of
licences to be issued, the Commissioner of Prohibition and Excise
may grant Licence in Form-2B (A) with the approval of the
Government to such of the applicants covered under sub-rule (1),
after causing such enquiry as he may deem fit.

(3) The Prohibition and Excise Superintendent, after making
such enquiry as he may think necessary, to ascertain the
bonafides of the applicants and verifying the particulars furnished
in the application should examine the suitability of the premises
for granting Beer and Wine Parlor, issue licence.

(4) The applicant before issue of licence shall execute a
counterpart agreement in Form-4B(A), on the stamp paper of
requisite value as per the provisions of the Indian Stamp Act,
1899.

6. In rule-6, in sub-rule(1),
(1) For the expression “Form-2B”, the expression
“Form-2B and 2B(A)” shall be substituted.

(2) In item (i), for clause (a), the following shall be
substituted, namely,-
 “(a) A minimum plinth area of 200 sq. meters
and in case of Beer and Wine parlors, a minimum
plinth area of 100 sq. meters.”
(3) For item (iv), the following shall be substituted,
namely,-
                “Within 100 meters of a Highway in respect of
Form-2B(A).”
(4) For item (v), the following shall be substituted,
namely,-
“ Unless the applicant produces the Trade Licence
from the local authority concerned for grant of 2B
and 2B(A) licence.”

7. For rule-9, the following shall be substituted, namely,-
“Every Bar and (Beer, Wine and Ready to Drink) parlors shall
be valid for one year commencing from 1st January, ending with
31st December, of the year, subject to payment of licence fee as
prescribed.
Provided that the licence issued on or after the 1st January
shall be valid upto the 31st December, of the year.
Provided that a licence granted for a part of the licence
period shall be valid for such period as may be specified by the
licensing authority.
Provided further that every licensee shall commence his
business from 1st January, or such other date as may be specified
in the licence and shall keep the Bar and Beer and Wine parlor
open every day during the hours fixed till the expiry of the licence
period with sufficient stock of liquor unless the closure of the Bar
and Beer and Wine parlor is ordered by the competent authority for
the period specified.
Before issue of a licence the licensee shall execute a
counterpart agreement in form-4B in respect of Bar and Form-
4B(A) in respect of Beer and Wine parlor on the stamp paper of
requisite value as per the provisions of the Indian Stamp Act,
1899.”
8. In rule-10,
(1) for sub-rule (1), the following shall be substituted, namely,-
“(1) The annual licence fee for the 2-B and 2B(A) licence
shall be at the rates as notified by the Government from time
to time.”
(2) For sub-rule (3) (a) , the following shall be substituted,
namely,-
“ (3)(a) The annual licence fee shall be paid before
commencement of the Licence period in one lump sum or in two
equal installments or in a manner as notified from time to time.
Where the licence is issued before 1st January, the 1st installment
i.e., half of the annual licence fee shall be paid into the
Government Treasury through a challan before the issue of licence
along with a Bank Guarantee from a Scheduled Bank situated in
Andhra Pradesh in Form-3B or fixed Deposit receipt for an amount
equal to half of the annual licence fee. The Bank Guarantee shall
be valid for a period of seven months. The 2nd installment of the
annual licence fee i.e., half of the annual licence fee, shall be
remitted in to the Government Treasury on or before 20th June of
the same year, failing which the license shall stand cancelled
automatically on the expiry of such date and subject to the
conditions prescribed in Form-2B and Form-2B(A).”

9. In rule-11, the following shall be added, namely,-
“11 A. The Commissioner shall be competent to grant the
privilege of Beer and Wine parlor. The Prohibition and Excise
Superintendent shall issue the License in the prescribed form-
2B(A).”
10. In rule-13, for sub-rule (3), the following shall be substituted,
namely,-
“ No shifting of the licensed premised shall ordinarily be
permitted during the licence period from one location to
another. However, the shifting of the licensed premises under
Form 2-B and Form 2B(A) may be considered by the
Commissioner subject to payment of 1% of licence fee or Rs.
25,000/- as shifting fee, if the shifting of the original licensed
premises of Hotel and Restaurant is permitted by the local
authority.”

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
AJEYA KALLAM

SPECIAL CHIEF SECRETARY TO GOVERNMENT

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