Odisha Liquor License

Odisha Liquor License

Odisha Liquor License

In Odisha, liquor license is a document that permits a manufacturer or business to sell alcoholic beverages at a particular place. Liquor license is granted by the Excise Department of the respective state. It is illegal for any person to manufacture, dispense or sell intoxicating alcohol without a valid liquor license. The government has set various rules and regulations under the Odisha Excise Act, making it mandatory to acquire a liquor license for bars, restaurants,hotels, clubs etc. In this article, we look at the procedure for obtaining Odisha liquor license in detail.

Odisha Pradesh Excise Act

As per the provisions under the Odisha Excise Act, an application form has to be requested for the manufacture or sale of any liquor which includes foreign liquor, country spirit, Denatured spirit, and rectified spirit. The prescribed authority after examining may permit the use or sale of liquor in the form of license.

Importance of Liquor License

Any person is required to obtain a liquor license for the following purposes:

  • The liquor license is needed to evade the unlawful trade of liquor in a particular state.
  • The liquor license is required to manage the sale of alcohol.
  • It is prohibited for any person to manufacture, distribute or retail intoxicating liquor without possessing a license issued by the respective state supervisor of the Division of Alcohol and Tobacco Control.

Eligibility Criteria

To apply for a Liquor license in the state of Odisha, the applicant needs to satisfy the following conditions:

  • Any person whose age should be twenty-one years or above and he/she should be a citizen of India or a person of Indian Origin.
  • Any partnership firm is holding the partners are citizens of India. The changes made in the partnership will not be allowed after the settlement of shop except legal permission obtained from the Excise Commissioner.
  • Any person who is not to be a defaulter or blacklisted or debarred from holding a liquor license under the provision of Rule 13 or under the provision of any rules made under the Act.

The following are some of the conditions by which an individual is not eligible for applying for the Liquor license in the State of Odisha.

  • A person who has been convicted by a criminal court of a non-bailable offence.
  • An existing license holding person who has violated the terms and conditions of his license.
  • A person who was a defaulter in the payment of excise revenue to the State Government.

Applicable Fee for Liquor License

The appropriate license, registration and renewal charges imposed on manufacturers or suppliers, wholesalers and retailers in Odisha are given below.

S.NoFee Type (Non-refundable)Amount (in rupees)
1.The application fee for grant of new or renewal of license (Brewery/ winery/ Distillery/ bottling unit)Rs.1,00,000.
2.The application fee for grant of license of a micro-brewery.Rs.30,000.
3.Application fee in respect of new/ renewal of license for the trading of molasses.Rs.40,000.
4.Application fee in respect of licenses for new/renewal of units using molasses for purposes other than trading.Rs.25,000.
5.The application fee for label registration per label per annum (for all types of alcoholic beverages)Rs.5,000
6.Application fee in respect of new/renewal ‘ON’ shops (all categories)Rs.1,00,000
7.The application fee for new/renewal of military canteen licensesRs.10,000
8.The application fee for new/renewal Bhang, Tari, Pochwai shops.Rs.2,000
9.The application fee for new/renewal out still shopsRs.50,000
10.The application fee for new/renewal of IMFL off shops licenseRs.1,00,000
11.The application fee for new/renewal of license of country liquor shops.Rs.50,000
12.Composite label registration fee per annum for all FL OFF shops including military canteensRs. 25,000
13.The user registration fee for FL OFF shops (including military canteens) and CS shopsRs.10,000
14.The separate label registration fee for export of IMFL/Beer (per label)Rs.5,000
15.Application fee obtaining NOC/Extension of NOC /Permission for establishment of brewery/winery/distillery/bottling units etc.Rs.75,000
16.

The penalty with the fine for non-supply of cash memo on consumer demand  or charging above MRP to the consumers

Rs.25,000
17.Penalty on supplier /retailer for supplying/selling liquor without affixture of EALRs.10,00,000

License Fee –IMFL, Beer, Wine and Country Liquor for production and compounding and Blending

The license fee for existing units like Brewery/Distillery/Bottling units/winery etc is calculated based on the actual protection of alcoholic beverages are tabulated below.

S.NoLicense fee slabs for existing production unitsLicensee fee rate applicable( per LPL)
1.Production up to 50 lakh LPL/BLRs.2.0
2.Additional production above 50 lakhs LPL/BL and till 100 lakh LPL/BLRs.1.5
3.Additional production above 100 lakh LPL/BLRs.1.0

 

For new units, distillation columns, storage units, export units and microbreweries, following rates area applicable below.

S.NoThe annual license fee for new production unitsCategory-wise amount(rupees)
1.The annual license fee for a new distilleryRs.25.0
2.The annual license fee for a new bottling unitRs.25.0
3.The annual license fee for a new  breweryRs.25.0
4.The annual license fee for microbrewery (maximum 1000 BL/Day)Rs.7.5
5.The annual license fee for E.N.A columnsRs.10.0
6.The annual license fee for a new wine producing unitsRs.3.0
7.The annual export license fee for IMFL/Wine/beer brandsRs.2.0
8.The annual license fee for separate warehouse made for storage of IMFL/Wine/BEER brands meant for exportRs.1.0

Other License Fee- Retail ON and OFF Shops, Country liquor, Bhang, Tari and Pochwari shops, Warehouses, denatured spirit etc.

Foreign Liquor “ON” Retails

S. No                              ON category of retailsAnnual fee based on any category (in rupees)
Municipal corporation and Puri municipalityMunicipalities (except Puri)

Notified Area

councils

Other areas
1.3 star and above category hotelsRs.12.0Rs.10.0Rs.8.0Rs.8.0
2.Other hotels (with lodging)Rs.10.0Rs.10.0Rs.8.0Rs.8.0
3.Hotels and restaurants without lodgingRs.12.0Rs.12.0Rs.11.0Rs.11.0
4.ClubsRs.7.5Rs.6.5Rs.5.5Rs.5.5

Note: ‘ON’ license will be granted to O.T..D.C/I.T.D.C hotels at half the rates applicable as above for license fee, based on where the hotels are located.

Fee on Denatured Spirits

S.NoCategory (non-refundable)Amount (in rupees)
1.Annual license  fee on D.S-IRs.0.42
2.Annual license  fee on D.S-IIRs.0.35
3.Annual license  fee on D.S-III(Carpentary)Rs.0.25
4.Annual license  fee on D.S-III(industrial use)Rs.0.42

License Fee for Country Spirit and Foreign Liquor-OFF Shops

S.NoCategory(non-refundable)Amount(in rupees)
1.The annual license fee for military canteen (The superintendent excise will issue the permits only after obtaining the strength of the unit and norms of supply)Rs.0.15
2.The monthly license fee for branch out still shop.Rs.0.25
3.Temporary license fee-up to 500 persons per day.Rs.0.15
4.Temporary license fee-up to 501 to 1000 persons per dayRs.0.25
5.Temporary license fee-501to 1000 persons per dayRs.0.35

Documents Required for License

The prescribed report for applying Odisha Liquor license is given below.

  • Identity proof and Address Proof of applicant.
  • Premises Address Proof.
  • No Objection Certificate from the fire department.
  • No Objection Certificate from the local municipal corporation.
  • Application with business details.
  • List of Directors details in case of a company.
  • MOA and AOA if the applicant is holding a company.
  • Copy of Latest Income Tax return.
  • Photograph of an authorised person.
  • The affidavit from the sanctioned person stating that he has no criminal record or any offence punishable under the respective state act and also he is not a defaulter in paying any dues to the department.

Documents Required for Partnership firm

The prescribed documents are to be submitted whether obtaining a license under the partnership firm.

  • Registered Partnership Deed.
  • General Power of Attorney by the Partners to the applicant for excise purpose.
  • List of Partners with Local and Permanent Address Proof.
  • Income Tax Return of Partnership Firm (Last three years).
  • Balance-Sheet of Firm.
  • Character Certificate of the applicant seven each partner (granted by the officer, not below the rank of S.D.O./D.S.P distributed within six months from the date of application.
  • Declaration of Firm’s Partner that who will present in Excise Department.
  • Affidavit relating no dues of excise or any other Government Department.
  • Affidavit relating applicant partnership firm or candidate has not punished under N.D.P.S., Excise Act, Molasses Act, I.P.C Affidavit relating firm is not blacklisted in any state.
  • Sales Tax Registration and Sale tax Clearance Certificate from the concerned Sales Tax Authority where the firm is presently working.
  • Three copies of blue Prints of the labelled map of the proposed site and its premises and its inside places. The plan must be certified by the applicant, Enquiry officer, District Excise Officer & Deputy commissioner of the district.
  • Enquiry report of Excise Officer.
  • No Objection Certificate about Law and Order from proposed area’s S.D.O. Certificate from Enquiry Officer that proposed site is as per tourist rules.
  • Any other documents which required by licensing /Sanctioning Authority.

Application Procedure for Odisha Liquor License

The applicants have to follow the steps given to obtain a Liquor license by submitting the application form offline.

Approach the Department of Excise, Odisha

Step 1: The applicants will have to visit the Odisha Excise Department for the registration of certain liquor license in the state.

Type of Application Form (On Shop Form and Off Shop Form)

Step 2: Click on “Application form” option from the drop-down list which is visible on the homepage of the portal.

License for Sale of Liquor

Step 3: To register and apply for the license to be submitted to the Commissioner of Excise department, declaration form.

Form A and B have been attached below for a quick reference:

application1

APPLFORM

Make Payment

Step 4: Applicant have to fill the application form, makes the payment challan and submits the application.

Verification                                       

Step 5: For verification and issuance of the license, the application goes through the Excise officer.

Issuance of License

Step 6: After the verification, if the applicant is selected the license issuance copy will be issued by the Excise commissioner at the Excise department.

Cancellation of License

The Licensing authority can suspend or cancel the license in the following conditions re-specified below:

  • If any liquor is found in the licensed premises on which the standard fee has not paid and which does not carry proof of payment of duly approved by the Excise Commissioner as.
  • If any liquor or intoxicating drug (for which the license is not granted) is found on the licensed premises.
  • If the affidavit submitted by the applicant at the time of application is found with the mistakes and statements made therein are found to be false.
  • If the applicant is convicted of any crime will be punishable under the Act or any cognizable and non-bailable crime or any offence punishable under Sections 482 to 489 of the Indian Penal Code.
  • If any liquor is sold below the minimum rate as fixed by the State Government under Rule 17.

Liquor License Renewal

The Odisha government has permitted the liquor license validity only for either three years. Hence it has to be renewed after the validity period. The existing hotels and restaurants for renewal are supposed to produce architectural drawings and photographs every year. Additionally, the documents prescribed for renewal should be submitted, and the power of renewal of the liquor license will lie with the Excise Commissioner by remitting the following amount payable for renewal.

Penalty

If an individual possesses any intoxicant or transports, manufacturers, without holding a Liquor license will be punishable with imprisonment for two years which may extend to five years or with fine of five thousand extending to twenty thousand rupees, or with both.

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Post by Karthiga

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