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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 19

THE LIQUOR CONTROL AMENDMENT 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            Section 1 is amended by replacing the definition "permit" with the following:

"permit" means a permit issued under this Act; (« permis »)

3            Subsection 7(4) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) clause 8(1)(dd) (power to close licensed premises if in public interest); and

4(1)        Clause 8(1)(c) is amended by striking out "Part VIII" and substituting "Part VII".

4(2)        Clause 8(1)(d) is amended

(a) by adding ", sale or use" after "the purchase"; and

(b) by adding ", and to impose monetary penalties on permittees" at the end.

4(3)        Clause 8(1)(e) is amended by adding ", and to impose monetary penalties on licensees" at the end.

5           Section 24 is amended by striking out "purchase of liquor, unless the sale or the purchase, respectively," and substituting "purchase, sale or use of liquor, unless the purchase, sale or use".

6(1)        The following is added after clause 25(1.4)(b):

(c) impose a monetary penalty of not more than $20,000 on the licensee or permittee.

6(2)        The following is added after subsection 25(2):

Suspension or cancellation for failure to pay penalty

25(2.1)     When the Licensing Board imposes a monetary penalty on a licensee or permittee, it may suspend or cancel the licence or permit if the licensee or permittee fails to pay the penalty by a deadline specified in the notice of decision given under subsection (3).

6(3)        Subsection 25(3) is amended

(a) by striking out "permit or the imposition" and substituting "permit, the imposition"; and

(b) by adding ", or the imposition of a monetary penalty" after "condition on a licence or permit".

6(4)        Subsection 25(6) is replaced with the following:

Right of appeal

25(6)       A licensee or permittee who disagrees with a decision of the Licensing Board, including the imposition of a penalty under subsection (1.4), may appeal that decision by giving written notice to the commission within 14 days after the decision of the Licensing Board is made.

6(5)        The following is added after subsection 25(6):

Public hearing

25(7)       An appeal hearing by the commission is open to the public.

Powers of commission on appeal

25(8)       After holding a hearing, the commission may

(a) make any decision that in its opinion ought to have been made by the Licensing Board; or

(b) quash, vary or confirm the decision under appeal.

7           Section 26 is amended by renumbering it as subsection 26(1) and adding the following as subsection 26(2):

Monetary penalties paid into Consolidated Fund

26(2)       All revenue from monetary penalties imposed by the Licensing Board or the commission must be given to the Minister of Finance to be paid into the Consolidated Fund.

8           Subsection 34(2) is amended

(a) in the section heading, by striking out "cancellations" and substituting "decision";

(b) by striking out "Notice of cancellation or suspension of a permit or licence by the commission" and substituting "Notice of the decision of the commission on an appeal of a decision by the Licensing Board"; and

(c) by striking out everything after "given in the permit or licence".

9           Section 38 is repealed.

10(1)       Subsections 39(1) and (2) are replaced with the following:

Issue of special permits

39(1)       When authorized by this Act and the regulations, the commission may issue a special permit to a person or entity authorized under subsections (2) to (2.3) to hold that type of special permit.

Special purchase permits

39(2)       The following persons may obtain a special permit that authorizes the holder to purchase the type and quantity of liquor specified in the permit for use only in the holder's profession or business or by patients or residents of a facility referred to in clause (c):

(a) a pharmacist, physician, dentist or veterinarian;

(b) a person engaged in a mechanical or manufacturing business or a scientific pursuit in which liquor is required;

(c) a person in charge of

(i) a hospital or other facility for the care of persons in ill health,

(ii) a home devoted exclusively to the care of aged or infirm people, or

(iii) a developmental centre as that term is defined in The Vulnerable Persons Living with a Mental Disability Act.

Charitable auction permit

39(2.1)     An association, society or organization authorized under The Charities Endorsement Act may obtain a special permit that authorizes the holder to purchase or accept donations of liquor designated by the commission as a rare or expensive product, and auction the liquor for a charitable purpose.

Estate sale permit

39(2.2)      A family member of a deceased person or the executor of a deceased person's estate may obtain a special permit that authorizes the holder to sell or auction liquor owned by the deceased person.

Special purpose permit

39(2.3)     Subject to the regulations, a person may obtain a special permit that authorizes the person to purchase, use, sell or serve liquor for any purpose specified in the permit that is not otherwise dealt with in this section.

10(2)       Clause 39(3)(b) is amended by striking out "hospital" and substituting "facility referred to in clause (2)(c)".

11          The centred heading before section 41 is repealed.

12 Subsection 45(2) is replaced with the following:

Permits subject to terms and conditions

45(2)       The holder of a permit shall comply with all terms and conditions imposed on the permit.

13          Section 46 is repealed.

14          Clause 64(1.1)(d) is amended by striking out "maximum hours during which the applicant intends to serve" and substituting "hours between which the applicant may serve".

15          Subsection 68(2) is repealed.

16(1)       Subsection 72(5) is replaced with the following:

Authorization to operate as dining room

72(5)       The commission may authorize the holder of a beverage room licence to sell and serve liquor in the beverage room on the same terms and conditions as under a dining room licence

(a) on Good Friday;

(b) on Easter Sunday;

(c) on Christmas Day; or

(d) on a specified date, so that a family-oriented event specified in the authorization can be held in the beverage room.

The authorization must be in writing and may be subject to any additional terms and conditions specified in the authorization.

16(2)       Subsection 72(6) is amended

(a) by striking out "No person" and substituting "Except when permitted by an authorization given under subsection (5), no person"; and

(b) in the French version, by striking out "débit de boissons" and substituting "débit de boisson".

16(3)       Subsection 72(6.1) is amended by striking out "No licensee" and substituting "Except when permitted by an authorization given under subsection (5), no licensee".

17          The following is added after subsection 73(4):

Vacating cabaret

73(5)       Every person in a cabaret, other than the licensee and his or her employees, shall leave the cabaret within 60 minutes after the time when the sale of liquor in the cabaret is required to cease.

Duty of licensee

73(6)       No licensee of a cabaret shall permit any unauthorized person to remain in the cabaret more than 60 minutes after the time when the sale of liquor in the cabaret is required to cease.

18          Subsection 76(6) is amended by adding "or common-law partner" after "The spouse".

19(1)       Subsections 93(1) and (1.1) are amended by adding ", common-law partner" after "spouse" wherever it occurs.

19(2)       Subsection 93(2) is repealed.

19(3)       Subsection 93(3) is replaced with the following:

Minors in licensed premises

93(3)       A person under the age of 18 years may enter premises licensed under any of the following classes of licence:

(a) dining room;

(b) sports facility;

(c) spectator activities;

(d) private club;

(e) transportation;

but he or she shall not consume liquor in those premises unless it is purchased or provided by his or her parent, spouse, common-law partner or guardian who is at least 18 years old, and it is consumed with a meal in the presence of his or her parent, spouse, common-law partner or guardian.

20          Subsection 94(1) is amended by replacing the section heading with "Consumption by minors prohibited".

21(1)       Subsection 96(1) is amended

(a) in clause (a.1), by striking out "The Manitoba Lotteries Foundation Act" and substituting "The Manitoba Lotteries Corporation Act"; and

(b) by adding the following after clause (d):

(d.1) permit the excessive consumption of liquor by any person in the licensed premises;

21(2)       Subsection 96(2) is amended by striking out "(c), (d), (e)" and substituting "(c), (d), (d.1), (e)".

21(3)       The following is added after subsection 96(3):

Duty of licensee re sale and service

96(4)       The licensee of any licensed premises shall ensure that liquor is not sold or served in the licensed premises in contravention of this Act or the regulations.

22          The following is added after section 96:

Safety evaluation

96.1(1)     If an act of violence in a licensed premises results in injury or death, the commission may conduct a safety evaluation of the operation of those premises to determine if changes are required to the manner in which the licensee operates the premises.

Notice of required changes

96.1(2)     After completing the safety evaluation, the commission may, by written notice, require the licensee to make specified changes to the operation of the licensed premises, which may include requiring the licensee to use specified security equipment or employ security personnel at the premises.

Licensee to make required changes

96.1(3)     The licensee must make the required changes by the deadline specified in the notice of required changes and must continue to operate the licensed premises in accordance with the requirements set out in the notice.

Appeal

96.2(1)     A licensee may appeal a notice of required changes issued under section 96.1 by giving written notice of appeal to the commission within 14 days after being served with the notice.

Appeal operates as a stay

96.2(2)     The filing of an appeal operates as a stay of the licensee's obligation to make the required changes.

Licensing Board to hear appeal

96.2(3)     An appeal is to be heard on an expedited basis by the Licensing Board.

Powers on appeal

96.2(4)     After hearing the appeal, the Licensing Board may

(a) quash, vary or confirm the notice of required changes; and

(b) confirm the time for the licensee to make the required changes or extend it, in which case the licensee must make the required changes by the deadline specified by the Licensing Board.

23(1)       Subsection 98(1) is amended by replacing clauses (a) to (c) with the following:

(a) 750 ml of beer;

(b) 85.2 ml of spirits or fortified wine; or

(c) 500 ml of table wine.

23(2)       Subsection 98(2) is replaced with the following:

Possession restrictions

98(2)       A licensee referred to in subsection (1) shall ensure that no patron in the licensed premises is in possession of more than two containers of spirits, beer or wine — whether full or partially full — at any one time.

24(1)       Subsection 111(2) is amended by striking out "subsection (3)" and substituting "subsections (3) and (3.1)".

24(2)       The following is added after subsection 111(3):

Donations for charitable auctions permitted

111(3.1)    Subject to the regulations, subsection (2) does not prevent a distiller, brewer or wine manufacturer, or an officer or agent of any of them, from donating liquor for a charitable auction conducted under the authority of a special permit issued under subsection 39(2.1).

25          Clause 120(2)(b) is amended by striking out "or special permit".

26          Clause 121(2)(b) is amended by striking out "or spouse" and substituting ", spouse or common-law partner".

27(1)       Clause 127(1)(a) is amended

(a) by striking out "$500." and substituting "$2,000"; and

(b) by striking out "$10,000." and substituting "$20,000".

27(2)       Clause 127(1)(b) is amended by striking out everything after "subsequent offence," and substituting "to a fine of not more than $50,000 or to imprisonment for a term of not more than 18 months or to both."

27(3)       Subsection 127(2) is amended

(a) in clause (a),

(i) by striking out "$1000." and substituting "$5,000", and

(ii) by striking out "$20,000." and substituting "$50,000"; and

(b) in clause (b), by striking out "$5,000." and substituting "$10,000 and not more than $100,000".

28(1)       Subsection 128(1) is amended

(a) in clause (a), by striking out "$1,000." and substituting "$5,000"; and

(b) in clause (b), by striking out "$2,000." and substituting "$10,000".

28(2)       Subsection 128(2) is amended

(a) in clause (a), by striking out "$2,000." and substituting "$10,000"; and

(b) in clause (b), by striking out "$1,000." and substituting "$2,000 and not more than $50,000".

29          Subsections 155(1) and (6), 160(1) and 163(1) of the English version are amended by striking out "the voting" and substituting "voting".

30          Sections 165 and 177 are repealed.

Coming into force

31          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill makes a number of amendments to The Liquor Control Act.  The following are some of the significant amendments.

The commission may conduct a safety evaluation of licensed premises where an act of violence has resulted in injury or death. The commission may require a licensee to make changes to the operation of the licensed premises, such as using specified safety equipment and employing security personnel. The president of the commission is given authority to close any licensed premises if he or she considers it to be in the public interest.

The rules respecting who is entitled to a permit to purchase, sell or use liquor are clarified.  A special permit may be issued allowing the sale of liquor by the estate of a deceased person.

Distillers, brewers and wine manufacturers are permitted to donate products for charitable auctions.

The use of beverage rooms is expanded to allow for family-oriented events, with the specific authorization of the commission.

The Licensing Board is authorized to impose monetary penalties on licence and permit holders who have failed to comply with the Act or the regulations or who have breached an order made under the Act.

Licensees are prohibited from allowing the excessive consumption of alcohol in their licensed premises.

The penalties for offences are increased.

The language in a number of provisions is updated or clarified.  Some outdated provisions are repealed.