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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 24

THE LIQUOR CONTROL AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L160 amended

1           The Liquor Control Act is amended by this Act.

2(1)        Subsection 25(1) is replaced with the following:

Hearing by Licensing Board

25(1)       The Licensing Board, in its discretion, may hold a hearing where it is alleged that a licensee or permittee has

(a) breached this Act or the regulations;

(b) breached a condition of a licence or permit; or

(c) breached an order of the Licensing Board or the commission.

Notice

25(1.1)     The Licensing Board shall provide the licensee or permittee with reasonable notice of the hearing.

Procedure at hearing

25(1.2)     At a hearing, the Licensing Board shall hear the licensee or permittee and any person who attends the hearing to testify on behalf of the licensee or permittee.

Public representation at hearing

25(1.3)     If a hearing is held because it is alleged that a licensee no longer meets the requirements of clause 64(1)(c.1), the Licensing Board shall give reasonable notice to the public and provide an opportunity for members of the public to be heard.

Disposition

25(1.4)     After a hearing, the Licensing Board may do one or more of the following:

(a) suspend or cancel a licence or permit;

(b) impose terms or conditions on a licence or permit.

2(2)        Subsection 25(3) is amended by adding "or the imposition of a term or condition on a licence or permit" after "licence or permit".

2(3)        Subsection 25(6) is amended

(a) by adding "or who has had a term or condition imposed on their licence" after "under this Act"; and

(b) by striking out "after the cancellation or suspension, appeal the cancellation or suspension" and substituting "after the decision of the Licensing Board was made, appeal".

3           Subsection 54(1) is replaced with the following:

Hours of sale

54(1)       No sale or delivery of liquor shall be made on or from the premises of a liquor store or liquor vendor

(a) on Sunday,

(i) from 12 midnight until 12 noon, and

(ii) after 6:00 p.m.;

(b) on Good Friday, Easter Sunday or Christmas Day;

(c) on Remembrance Day, before 1:00 p.m.; or

(d) during such other periods, and on such other days, as the commission may direct.

4(1)        Subsection 64(1) is amended by adding the following after clause (c):

(c.1) the licence is in the public interest having regard to the needs and wishes of residents of the municipality or territory, as those terms are defined in section 66.1, where the premises are located;

4(2)        Subsection 64(2) is replaced with the following:

Hearing

64(2)       Where, during the currency of a licence, the commission has reasonable and probable grounds to believe that a licensee no longer meets the requirements of clause (1)(b), (c), (c.1) or (d), a hearing may be held before the Licensing Board in accordance with section 25, and any disposition under subsection 25(1.4) may be made.

5            The following is added after section 66:

SUNDAY OPENING

Definitions

66.1        In section 66.3,

"council" means

(a) in the case of a municipality, the council of that municipality,

(b) in the case of a local government district, the resident administrator of that local government district or the elected council, if one exists,

(c) in the case of an incorporated community established under The Northern Affairs Act, the incorporated community council of that incorporated community, and

(d) in the case of Northern Manitoba other than an incorporated community, the Minister of Aboriginal and Northern Affairs; (« conseil »)

"municipality" means

(a) a municipality as defined in The Municipal Act, and The City of Winnipeg,

(b) a local government district,

(c) an incorporated community established under The Northern Affairs Act, or

(d) the Minister of Aboriginal and Northern Affairs exercising the powers, rights and privileges that a municipality has within its boundaries under subsection 5(1) of The Northern Affairs Act, in respect of all of Northern Manitoba other than an incorporated community, or any part of Northern Manitoba, other than an incorporated community, that is specified by the Minister of Aboriginal and Northern Affairs; (« municipalité »)

"Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act; (« Nord »)

"territory" means territory other than the territory of a municipality. (« territoire »)

Sunday opening

66.2        Subject to section 66.3, all licensed premises, liquor stores and liquor vendors may open for business and sell or serve liquor on Sunday unless they are otherwise prohibited from doing so under this Act.

By-law re Sunday opening

66.3(1)     The council of a municipality may pass a by-law restricting the operation of private clubs in the municipality on Sunday and prohibiting liquor stores, liquor vendors, beverage rooms and licensed retail premises in the municipality from opening for business and selling or serving liquor on Sunday.

Regulation re Sunday opening

66.3(2)      Where the Lieutenant Governor in Council is satisfied that a majority of the inhabitants of a territory so desire, the Lieutenant Governor in Council may, by regulation, restrict the operation of private clubs in the territory on Sunday and prohibit liquor stores, liquor vendors, beverage rooms and licensed retail premises in the territory from opening for business and selling or serving liquor on Sunday.

Wording of by-law or regulation re Sunday opening

66.3(3)     A by-law in respect of a municipality or a regulation in respect of a territory must provide that in that municipality or territory, on Sunday

(a) no liquor shall be sold on or from the premises of a liquor store or liquor vendor;

(b) no liquor shall be sold or served in a beverage room after 2:00 a.m.;

(c) no liquor shall be sold or removed from licensed retail premises after 2:30 a.m.;

(d) no liquor shall be sold or served in a private club that is an athletic or sports club from 2:00 a.m. until 9:00 a.m.;

(e) no liquor shall be sold or served in a private club that is not an athletic or sports club and that has dining and full kitchen facilities,

(i) from 2:00 a.m. until 9:00 a.m., and

(ii) after 9:00 a.m., unless the liquor is served with a meal; and

(f) no liquor shall be sold or served in a private club other than a club described in clause (d) or (e) after 2:00 a.m.

No other restriction in by-law or regulation

66.3(4)     A by-law or regulation under this section must not contain any other restrictions regarding the sale and service of liquor at licensed premises, liquor stores or liquor vendors in the municipality or territory.

By-law or regulation to be obeyed

66.4        If a by-law or regulation under section 66.3 is in effect in a municipality or territory, no person shall sell or serve liquor in contravention of the by-law or regulation.

6           Subsections 68(1) and (2) are replaced with the following:

Hours of sale

68(1)       No liquor shall be sold or served in a dining room

(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;

(b) on all other days of the week, from 2:00 a.m until 9:00 a.m.; and

(c) on Good Friday and Remembrance Day, from 2:00 a.m. until 12 noon.

Hours of consumption

68(2)       Unless the commission has in writing extended the hours of consumption, no liquor shall be consumed in a dining room from 2:30 a.m. until

(a) 11:00 a.m. on Sunday; and

(b) 9:00 a.m. on all other days of the week.

7           Subsection 71(4) is replaced with the following:

Hours of sale

71(4)       No liquor shall be sold or served in a cocktail lounge

(a) subject to subsection (5), while the dining room operated by the licensee is closed;

(b) on Sunday, from 2:00 a.m. until 11:00 a.m.;

(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;

(d) on Good Friday, Easter Sunday and Christmas Day, after  2:00 a.m.; and

(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

8(1)        Subsection  72(3) is replaced with the following:

Hours of sale

72(3)       No liquor shall be sold or served in a beverage room

(a) on Sunday, from 2:00 a.m. until 12 noon;

(b) on Monday, from 12 midnight until 9:00 a.m.;

(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;

(d) on Good Friday, Easter Sunday and Christmas Day, after 2:00 a.m.; and

(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

8(2)        Subsection 72(4) is repealed.

8(3)        Subsection 72(5) is amended by striking out "on Sundays and on holidays" and substituting "on Good Friday, Easter Sunday and Christmas Day".

9(1)        Subsection 73(2) is amended by striking out everything after "in the cabaret".

9(2)        Subsection 73(4) is replaced with the following:

Hours of sale

73(4)       No liquor shall be sold or served in a cabaret

(a) on Sunday, from 2:00 a.m. until 12 noon;

(b) on Monday, from 12 midnight until 9:00 a.m.;

(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;

(d) on Good Friday, Easter Sunday and Christmas Day, after 2:00 a.m.; and

(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

10          Subsection 74(4) is replaced with the following:

Hours of sale

74(4)       No liquor shall be sold or served in a sports facility

(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;

(b) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;

(c) on Good Friday and Christmas Day, after 2:00 a.m.; and

(d) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

11          Subsection 75(3) is replaced with the following:

Hours of sale

75(3)        No liquor shall be sold or served in premises licensed under a spectator activities licence

(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;

(b) on all other days of the week, from 2 a.m. until 9:00 a.m.;

(c) on Good Friday, after 2:00 a.m.; and

(d) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

12(1)       Clause 76(1)(c) is replaced with the following:

(c) has a permanent local membership of,

(i) in the case of a veterans organization, not fewer than 50 persons who are 18 years of age or over, or

(ii) in any other case, not fewer than 100 persons who are 18 years of age or over; and

12(2)       Subsection 76(3) is amended by adding ", other than a club that is a veterans organization," after "branch thereof".

12(3)       The following is added after subsection 76(3):

Reduced membership of veterans organization

76(3.1)     The commission shall not renew a private club licence for a veterans organization if the permanent local membership of that veterans organization falls below 50 members who are 18 years of age or over.

12(4)       Subsection 76(10) is replaced with the following:

Hours of sale

76(10)      No liquor shall be sold or served in a private club

(a) that is an athletic or sports club, from 2:00 a.m. until 9:00 a.m on all days of the week;

(b) that is not an athletic or sports club and that

(i) has dining and full kitchen facilities, and

(ii) after 2:00 a.m. on Sunday, serves liquor only with meals,

from 2:00 a.m. until 9:00 a.m. on all days of the week;

(c) that is not an athletic or sports club and that, after 2:00 a.m. on Sunday, serves liquor without meals

(i) from 2:00 a.m. until 12 noon on Sunday,

(ii) from 12 midnight until 9:00 a.m. on Monday,

(iii) from 2:00 a.m. until 9:00 a.m. on all other days of the week, and

(iv) after 2:00 a.m. on Easter Sunday;

(d) after 2:00 a.m. on Good Friday and Christmas Day;

(e) that is a veterans organization, from 2:00 a.m. until 12 noon on Remembrance Day; and

(f) that is not a veterans organization, from 2:00 a.m. until 1:00 p.m. on Remembrance Day.

12(5)       Subsections 76(11) and (12) are repealed.

13          Clause 77(3)(c) is replaced with the following:

(c) when they are travelling intraprovincially by rail, excursion ship or bus, at any time except

(i) on Sunday, from 2:00 a.m. until 11 a.m.;

(ii)  on all other days of the week, from 2 a.m. until 9:00 a.m.;

(iii) on Good Friday, after 2:00 a.m.; and

(iv) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.

14(1)       Subsection 84(1) is replaced with the following:

Hours of sale

84(1)       Premises for which a retail licence has been issued shall not be open for business and no liquor shall be sold or removed from those premises

(a) on Sunday, from 2:30 a.m. until 12 noon;

(b) on Monday, from 12 midnight until 9:00 a.m.;

(c) on all other days of the week, from 2:30 a.m. until 9:00 a.m.;

(d) on Good Friday, Easter Sunday and Christmas Day, after 2:30 a.m.; and

(e) on Remembrance Day, from 2:30 a.m. until 1:00 p.m.

14(2)       Subsections 84(2) and (3) are repealed.

15          The following is added after subsection 93(1):

Obligation of licensee

93(1.1)     No licensee of a cocktail lounge or cabaret shall permit any person under the age of 18 years to enter or remain in the cocktail lounge or cabaret unless that person is accompanied by his or her parent, spouse or guardian who is at least 18 years of age.

16(1)       Subsection 96(1) is amended by striking out "or" at the end of clause (c) and by adding the following after clause (d):

(e) permit any person in the licensed premises to give, sell or otherwise provide liquor to a person who is or appears to be intoxicated; or

(f) permit any person in the licensed premises who is or appears to be intoxicated to remain in possession of liquor.

16(2)       Subsection 96(2) is amended by striking out "(c) or (d)" and substituting "(c), (d), (e) or (f)".

17          Section 106 is replaced with the following:

Licensee not required to open

106         A licensee may sell or serve liquor in licensed premises at any time when the sale or service of liquor is not prohibited under this Act, but nothing in this Act compels a licensee to be open for business at any time.

18          Subsection 120(4) is replaced with the following:

Disorderly conduct

120(4)      No person shall be disorderly in or about licensed premises.

19          The following is added after subsection 121(4):

False identification

121(4.1)    No person shall attempt to purchase liquor or enter licensed premises by presenting identification that

(a) has been altered or defaced to misrepresent the actual age or identity of the person;

(b) was not legally issued to him or her; or

(c) was issued to another person.

20          Section 127 is amended by striking out ", subsection 121(5)" wherever it occurs.

21          Section 128 is amended by striking out ", subsection 121(5)" wherever it occurs.

Consequential amendment, C.C.S.M. c. R120

22           Clause 4(b) of The Retail Businesses Holiday Closing Act is replaced with the following:

(b) the retail sale of liquor under the authority of a licence or permit issued under The Liquor Control Act or the retail sale of liquor at a "liquor store" as that term is defined in that Act;

Consequential amendment, C.C.S.M. c. S110

23          Clause (b) of the definition "shop" in section 1 of The Shops Regulation Act is replaced with the following:

(b) where liquor is sold under the authority of a licence or permit issued under The Liquor Control Act or premises defined as a "liquor store" under that Act.

Coming into force

24          This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill makes a number of amendments to The Liquor Control Act. These are the key changes.

Days and hours of operation

The Bill will allow liquor stores, liquor vendors, beverage rooms, private clubs and licensed retail premises (beer vendors, brewer's retail stores and wine manufacturer's retail stores) to open for business and sell liquor on Sunday unless a municipal authority passes a by-law or regulation prohibiting those establishments from opening on Sunday.

The Bill also extends the hours of operation for all licensed premises.

Public interest input re licences

The Bill allows the interests of the public to be taken into account when determining whether an existing licence should be cancelled.

New offences

The Bill creates new offences regarding disorderly and intoxicated persons and the use of false identification.