TAMIL NADU LIQUOR RETAIL VENDING (IN SHOPS AND BARS) RULES, 2003
(1) These rules may be called the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
(2) These rules shall come into force on the 29th November 2003.
In these rules, unless the context otherwise requires,--
(a) "Act" means the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937);
(b) "Agent" means the Co-operative Society appointed as agent by the Corporation for retail sale of liquor on behalf of the Corporation ;
(c) "Assistant Commissioner / Deputy Commissioner" means the Assistant Commissioner (Excise) / Deputy Commissioner (Excise) in charge of the district;
(d) "bar" means a place located within the shop or adjoining the shop used for consumption therein of liquor;
(e) "bottled liquor" means liquor put in bottles or other receptacles, corked, sealed and labelled by the manufacturer before issue for sales;
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(1) As soon as may be after promulgation of the Tamil Nadu Prohibition (Amendment) Ordinance, 2003, the Corporation shall make an application to the Commissioner of Prohibition and Excise for the grant of licence for the retail vending of liquor in shops and bars for the whole of the State of Tamil Nadu.
(2) The application shall be accompanied by a treasury receipt in proof of the payment of licence fee of Rs. 1 crore (Rupees one crore only) for the grant of licence.
(1) On application, Commissioner of Prohibition and Excise shall grant licence in Form-I for the retail vending of liquor in shops and bars in the whole State. The licence shall be issued in the name of the Corporation.
(2) The licence granted under this rule shall be subject to the provisions of the Act and the rules made thereunder.
(3) The Corporation shall issue an authorization in Form-II in respect of each shop where the business of retail vending of IMFS is
to be carried on either directly by the Corporation or through the Co-operative societies as agents of the Corporation.
(4) The Corporation shall furnish the list of authorized retail vending shops located within each district to the Collector indicating the details of such shops run direc
In the event of loss, mutilation or damage of the licence during the period of its currency, a duplicate licence may be issued by the Commissioner of Prohibition and Excise, on an application by the Corporation, on payment of Rs. 100/- (Rupees hundred only).
The licence granted to the Corporation under rule 4 shall be valid for one year from the 29th November 2003.
The Commissioner of Prohibition and Excise may, on application by the Corporation along with renewal fee of rupees one crore, renew the licence for a period not exceeding one year at a time.
(1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions:
Provided that the distance restriction shall not apply in areas designated as "Commercial" or "Industrial" by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel :
Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply:
Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Projec
The Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, were enacted to regulate the retail sale of liquor in the state. Rule 8 specifically addresses the location criteria for liquor shops, aiming to balance commercial interests with public welfare.
Rule 8 stipulates the distance criteria for establishing liquor retail outlets. It mandates that no liquor shop shall be located within a specified distance from certain establishments, particularly in municipal areas.
The scope of Rule 8 encompasses all liquor retail outlets in Tamil Nadu, including shops and bars. It aims to prevent the establishment of liquor shops in areas that could negatively impact public safety and community welfare.
While the specific punishments for violations of Rule 8 are not detailed in the provided sources, non-compliance could lead to the revocation of licenses or other administrative penalties as determined by the Commissioner.
There shall be no change in the location of shops except with the previous permission of the Collector.
(1) The bar shall lie within the shop or adjoining the shop.
(2) The bar shall have minimum plinth area of ten square metres.
(3) Every bar shall be housed in pucka building and no part of the bar shall be thatched either on the sides or on the roof. The bar room shall be sufficiently screened so that consumption of liquor is not visible from outside and shall also be provided with fans. Sufficient number of tables and chairs for the consumers to conveniently sit and consume liquor shall be provided. Such room shall not be used as a club or recreation room or for any other purpose whatsoever. No gambling or any kind of disorderly conduct in the shop shall be permitted.
(4) Facilities such as drinking water and wash basin within the surroundings of each shop premises shall be provided and the s
No business shall be transacted before 8 a.m and 1[after 12.00 mid-night] at the shop or bar.
(1) The shop shall remain closed on Thiruvalluvar Day falling in January, Gandhi Jayanthi Day on the 2nd October, Mahavir Jayanthi Day, Birthday Eve of Nabigal Nayagam and Vadalur Ramalingar Ninaivu Naal and there shall be no sale of liquor in the shops on the aforesaid days.
(2) The shop shall also be closed as per the directions issued by the Government, the Commissioner of Prohibition and Excise or the Collector.
If any stock of liquor in the shop is found to be unfit for human consumption on any account, the Collector may order destruction of such stocks in the presence of an Excise Officer authorised by him.
(1) The liquor shall be sold at the price fixed by the Corporation
(2) The retail prices of liquor shall be displayed, in a conspicuous place in front of the shop, for the information of the public.
No liquor other than that supplied by the wholesale depot or branch depot of the Corporation shall be stocked and sold in the shops.
(1) True and correct accounts of the transactions in the shop for every day shall be maintained at every shop in Forms III, IV, V, VI, VII, VIII and IX in ink. The accounts for the day shall be closed before the commencement of business on the next day.
(2) The District Manager of the Corporation shall submit such returns and furnish such information or particulars as may be required by the Commissioner of Prohibition and Excise, Collector or the Assistant Commissioner / Deputy Commissioner and also by such Officer of the Excise Department authorised in his / her behalf.
(3) Copies of the indents, bills, invoices, permits relating to the purchase or sale of liquor shall be produced for inspection or check by the Collector, Assistant Commissioner / Deputy Commissioner or any other inspecting authority authorised in this behalf whenever re
(1) Officer of the Excise Department not below the rank of Excise Inspector, Officers of the Revenue Department not below the rank of a Tahsildar authorised by the Collector are authorised to enter into and inspect the shops to check the accounts, verify physical stocks and to take samples of liquor for chemical test or analysis.
(2) An inspection book in Form-DC shall be maintained in every shop for the use of the inspecting officers. The inspection book shall be handed over to the Collector after the expiry of the licence period.
(3) In the event of any violation being detected in any shop, without prejudice to any other penal action contemplated by the Tamil Nadu Prohibition Act, 1937, disciplinary action shall be taken against the persons responsible.
The Government or the Commissioner of Prohibition and Excise may, from time to time, issue directions to the Corporation and where any such directions have been issued, those directions shall be deemed to be additional conditions subject to which the licence has been granted and the Corporation shall be bound by such additional conditions.
No liquor obtained from the depot of the Corporation shall be transported to the retail vending shop within the State except under a transport permit issued by the Assistant Commissioner or the Excise Supervisory Officer, as the case may be, specially authorised by the Collector of the district concerned in Form-XI for which the Corporation shall apply in Form-X.
The Government may, by notification, and subject to such conditions, if any, as they may specify in such notification, exempt, whether prospectively or retrospectively, any person or class of persons from the operation of the provisions of all or any of these rules.
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* Published in Part III - Section 1 (a) of the Tamil Nadu Government Gazette, Extraordinary, dated the 3rd November 2003 (Issue No. 303, pp. 1 - 16).
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