In exercise of the powers
conferred by Sections 24 and 29 of the Abkari Act 1 of 1077, the Government of
Kerala hereby make the following rules further to amend the Foreign Liquor
Rules issued under notification No. SR4-1859/52/RD dated 17th January, 1953 and
published in the Travancore-Cochin Gazette Extraordinary No. 2 dated 17th
January, 1953, namely: (1)
These rules may be called the Foreign Liquor (Amendment) Rules,
2017. (2)
They shall come into force at once. In the Foreign Liquor Rules, (1)
in Rule 13, (a)
in sub-rule (3), (i)
in the first sentence, for the words, symbols, figures and
brackets "Five Star, Five Star Deluxe classifications from the Ministry of
Tourism, Government of India, where the privilege of sale of foreign liquor in
such hotels has been purchased on payment of an annual rental of Rs. 23,00,000
(Rupees Twenty-three Lakhs only)." the following words, symbols, figures
and brackets shall be substituted, namely: "three star, four star, five
star, five star deluxe, heritage, heritage grand or heritage classic
classification from the Ministry of Tourism, Government of India, where the
privilege of sale of foreign liquor in such hotels have been purchased on
payment of an annual rental of Rs. 28,00,000 (Rupees Twenty eight lakhs
only)."; (ii)
for the sixth proviso the following proviso shall be substituted,
namely: "Provided also that in the
case of hotels which had FL3 licence as on 31st March, 2014 and having valid
three star, four star, five star, five star deluxe, heritage, heritage grand or
heritage classic classification from the Ministry of Tourism, Government of
India, the FL3 license held by such hotels shall be renewed."; (b)
in sub-rule (3A), for the word "Five" the words
"three star and higher" shall be substituted; (c)
in sub-rule (3B), after the third proviso, the following proviso
shall be inserted, namely: "Provided also that the
holder of an FL3 license may serve liquor in the banquet hall of the hotel
premises during function conducted in that hall if he obtains a special permit
for the purpose from the Commissioner of Excise on payment of additional annual
rental of Rs. 50,000 (Rupees Fifty Thousand only)."; (d)
sub-rule (3E) shall be omitted; (e)
in sub-rule (5), for the letters, symbol and figure "Rs.
500", the symbol and figure "Rs. 1000" shall be substituted; (f)
in sub-rule (7), for the words "International Airports",
the words "domestic as well as International Terminal in the airports in
the State" shall be inserted; (g)
in sub-rule (8), for the letters, symbol and figure "Rs.
500", the symbol and figure "Rs. 1000" shall be substituted; (h)
in sub-rule (8A), for the letters, symbol and figure "Rs.
500", the symbol and figure "Rs. 1000" shall be substituted; (i)
in sub-rule (8B), for the letters, symbol and figure "Rs.
500", the symbol and figure "Rs. 1000" shall be substituted; (j)
in sub-rule (11), after the second proviso, the following proviso
shall be inserted, namely: "Provided also that the
holder of an FL11 license may serve beer and wine in the banquet hall of the
hotel premises during function conducted in that hall if he obtains a special
permit for the purpose from the Commissioner of Excise on payment of additional
annual rental of Rs. 50,000 (Rupees fifty thousand only)."; (2)
after Rule 24, the following rule shall be inserted, namely: "24A.
Notwithstanding anything contained in these rules, the hotels having FL 11
licence as on 31st March, 2017 and which were closed on the ground that they
are situated within a distance of five hundred metres from National or State
Highways shall be allowed to transfer their FL 11 licence to a building
situating at a distance of five hundred metres away from the National or State
Highways within the taluk having one star standard as stipulated by Tourism
Department, Government of Kerala for the classification of restaurant, subject
to the following conditions, namely: (i)
the licensee shall employ all the workers who were in his
employment in such hotel as on 31st March, 2017; (ii)
the new premises shall satisfy distance limit specified under
sub-rule (1) and (3) of Rule 13; (3)
in Rule 28, for sub-rule (1), the following sub-rule shall be
substituted, namely: "No FL3, FL4A, FL11 licensed
premises shall be kept open before 11 O'clock in the morning and after 11 O'
clock in the night. No FL1 shop shall be kept open before 9 O' clock in the
morning and after 11 O'clock in the night. Provided that in the tourist centres,
approved by Government in Taxes Department FL3, FL11 licensed premises may be
kept open from 10 O' clock in the morning to 11 O' clock in the night."; (4)
in the Forms, (a)
in FORM FL 3, for condition 20, the following condition shall be
substituted, namely: "20.
No FL 3 licenced premises shall be kept open before 11 O' clock in the morning
and after 11 O' clock in the night. Provided that in the tourist
centres, approved by Government in Taxes Department, FL3 licenced premises may
be kept open from 10 O' clock in the morning to 11 O' clock in the
night."; (b)
in FORM FL4A, after condition 17, the following condition shall be
inserted, namely: "17A.
No FL 4A licensed premises shall be kept open before 11 O' clock in the morning
and after 11 O' clock in the night."; (c)
in FORM FL 7 (i)
in the first paragraph, in the first sentence, for the words
"International Airport" the words "domestic as well as
International Terminal in the Airports in the State" shall be inserted; (ii)
in the first sentence of the second paragraph, for the words
"International Airport" the words "domestic as well as
International Terminal in the Airports in the State" shall be inserted; (iii)
in condition 2, after the words "International Airport"
the words "domestic as well as International Terminal in the Airports in
the State" shall be inserted; (d)
in FORM FL 8, in the first sentence, for the letters, symbol,
figure, words and brackets "Rs. 500 (Rupees Five hundred only)", the
symbol, figure, words and brackets "Rs. 1000 (Rupees One Thousand
only)" shall be substituted; (e)
in FORM FL 8A, in the first sentence, for the letters, symbol,
figure, words and brackets "Rs. 500 (Rupees Five hundred only)", the
symbol, figure, words and brackets "Rs. 1000 (Rupees One thousand
only)" shall be substituted; (f)
in FORM FL 11, after condition 8, the following condition shall be
inserted, namely: "8A.
No FL 11 licensed premises shall be kept open before 11 O' clock in the morning
and after 11 O' clock in the night." Provided that in the tourist
centres approved by Government in Taxes Department, FL 11 licensed premises may
be kept open from 10 O' clock in the morning to 11 O' clock in the night."FOREIGN
LIQUOR (AMENDMENT) RULES, 2017
PREAMBLE