Order for off consumption sale through FL-3 licences ( bar/ permit room)

Gazette Reference: No. FLR-0520/COVID/C.R.4/EXC-2, dated 19th May 2020 (Maharashtra Government Gazette, Extra-Ordinary, Part 4-B, No. 114) Type: Special Exemption Order (COVID-19 Lockdown Measure) Authority: Section 139(1)(c) of the Maharashtra Prohibition Act, 1949 (XXV of 1949), read with the Bombay Foreign Liquor Rules, 1953

Amended Rule/Section: Bombay Foreign Liquor Rules, 1953 — Provisions governing FL-III licence (Bar/Permit Room) relating to "on consumption" sales Type of Change: Temporary Exemption/New Order (COVID-19 specific)

What Changed: Under the normal Bombay Foreign Liquor Rules, 1953, FL-III licences (bars/permit rooms) are authorised only for on-consumption sale of foreign liquor to residents or boarders on the licensed premises. This order, issued in the context of the COVID-19 lockdown, temporarily exempts FL-III licence-holders from that restriction and permits them to sell their existing closing stock in sealed bottles for off-consumption to valid permit-holders. This is a one-time, limited measure tied strictly to lockdown conditions and does not alter the permanent character of the FL-III licence.

Key Details:

• Eligible Stock: Only the closing stock physically present at the FL-III premises as on 24th March 2020 (the date the national lockdown commenced) may be sold off-consumption; no fresh stock may be procured during the lockdown period
• Mode of Sale: Sale in sealed bottles only; on-consumption at the FL-III premises is strictly prohibited during this period
• Beer Stock Exception: FL-III licence-holders may sell their remaining beer stock in bulk as a one-time measure to the relevant FL/BR-II licence-holder via a special transport pass, provided the FL/BR-II licence-holder gives prior consent
• Customers Eligible: Valid permit-holders only (i.e., those holding a valid liquor permit under the Maharashtra Prohibition Act)
• Duration: The order remains in force until whichever occurs first — (a) expiry/lifting of the lockdown orders issued under the Disaster Management Act, 2005 or any other applicable State law, or (b) exhaustion of the eligible closing stock
• No New Procurement: FL-III licence-holders are prohibited from procuring any fresh liquor stocks for the duration of the lockdown
• COVID-19 Safety Obligation: Licence-holders are responsible for ensuring all hygiene and sanitisation precautions to prevent the spread of COVID-19 during sales operations
• Government's Reserved Powers: The Government retains full rights to modify or rescind this order at any time at its discretion

Effective Date: 19th May 2020 (date of publication); applicable retrospectively with reference to stock position as on 24th March 2020 Issuing Authority: Principal Secretary (Excise) to Government, Valsa Nair Singh, on behalf of the Governor of Maharashtra