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Legislative Texts
SOUTH AFRICA
[Para. (c) substituted by s. 2 (b) of Act No. 11 of 1993.]
(2) An application for such authorization shall be made in the prescribed manner and be
accompanied by the prescribed application fee.
(3) Such an authorization–
(a) shall, in the case of an alcoholic beverage referred to in subsection (1) (b) or (c) be granted only
if–
(i) the person concerned is authorized in terms of a licence or authority issued or granted by
or under the Liquor Act, 1989 (Act No. 27 of 1989), to sell liquor as defined in the said
Act;
(ii) the person concerned is the successor in law of a person who was by notice under
section 7 (2) (a) (ii) of the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act
No. 25 of 1957), permitted to sell the alcoholic product concerned or to produce it for
sale, or is the successor in law of the first–mentioned person; and
(iii) the predecessor in law to the person concerned has maintained the permission or
authorization concerned as contemplated in subsection (6); and
[Para. (a) amended by s. 2 (c) of Act No. 11 of 1993.]
(b)
shall be granted for the period specified in the notice concerned, and the continued validity
thereof may be maintained as contemplated in subsection (6).
(4) A notice referred to in subsection (1) may contain conditions and restrictions regarding–
(a) the premises at which the alcoholic beverage concerned may be produced;
(b) the volume of the alcoholic beverage concerned that may be produced annually;
(c)
the designation that shall apply as the class designation for the alcoholic beverage concerned;
(d) the alcohol content of the alcoholic beverage concerned;
(e) the processes which may or shall be applied in connection with the production of the alcoholic
beverage concerned;
(f)
the substances that may either before, during or after the production of the alcoholic beverage
concerned, be added thereto or removed therefrom, and the manner in which and the conditions
subject to which such substances may be so added or removed;
(g) the extent to which particular substances may occur in the alcoholic beverage concerned;
(h) supervision over the production of the alcoholic beverage concerned;
(i)
the records that shall be kept and the returns that shall be furnished in connection with the
production and sale of the alcoholic beverage concerned; and
(j)
any other matter which the Minister may, subject to the provisions of this Act, deem necessary
or expedient in order to attain the objects of this section, and the generality of this provision shall
not be limited by the preceding paragraphs of this subsection.
(5)
(a)
Subject to the provisions of paragraph (b), a notice under section 7 (2) (a) of the Wine,
Other Fermented Beverages and Spirits Act, 1957, in terms of which a person is permitted to sell or to
produce for sale an alcoholic beverage specified in such notice, and which is in force immediately
prior to the commencement of this section, shall be deemed to be a notice referred to in subsection (1).
(b)
The validity of a permission granted in a notice referred to in paragraph (a) shall expire on
a date 90 days after the date of commencement of this section, unless the person mentioned in such
notice has before or on such date of expiry lodged a written application for the continuation of the
validity thereof with the administering officer.
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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