Skip to main content
The Liquor Control Amendment Act (2)

S.M. 1988-89, c. 27

Bill 47, 1st Session, 34th Legislature

The Liquor Control Amendment Act (2)

(Assented to December 20, 1988)

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

C.C.S.M. c. L160 (RSM 1988 c. L160) am.

1           The Liquor Control Act is amended in the manner set out in this Act.

Section 10 amended

2           Section 10 is amended by striking out "; but such regulations shall not permit broadcasting of advertisements with respect to licensed premises or liquor between 7:00 o'clock in the morning and 10:00 o'clock in the evening".

C1.64(l)(e) am.

2.1         Clause 64(l)(e) is amended by adding ", which shall include the requirements set out in subsection (1.1)," after "prescribed form".

Subsec. 64(1.1) added

2.2         The following is added after subsection 64(1):

Contents of notice

64(1.1)     Without restricting the generality of clause (l)(e), every notice of an application advertised thereunder shall indicate

(a) the type of licence being applied for;

(b) the business and corporate names of the applicant;

(c) the address of the premises to which the proposed licence will apply; and

(d) the hours during which the applicant intends to carry on business under the proposed licence.

Subsec. 65(1.1) added

2.3         The following is added after subsection 65(1):

Re-hearing by commission after granting

65(1.1)     Where a licence is granted under section 64, any person who under subsection 64(3) filed an objection to the issuing of the licence may in writing request the commission to reconsider the granting of the licence, and upon receiving the request the commission shall do so and shall give the person and all parties to the Licensing Board hearing a reasonable opportunity to make representations concerning the granting of the licence.

Subsection 72(6.1) added

3           The following is added after subsection 72(6):

Obligation of licensee

72(6.1)     No licensee of a beverage room shall permit any person under the age of 18 years to be in a beverage room at any time when liquor may lawfully be sold or consumed therein.

Subsection 77(1) amended

4(1)        Subsection 77(1) is amended

(a) by striking out "or operator" and substituting ", operator or lessee"; and

(b) by adding "an international airport," after "ship,".

Subsection 77(3) rep. and sub.

4(2)        Subsection 77(3) is repealed and the following is substituted:

Hours

77(3)       The holder of a transportation licence may sell or serve liquor to its passengers

(a) when they are travelling internationally or interprovincially, at any time;

(b) when they are travelling intraprovincially by air carrier, at any time;

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

(i) from 2:00 a.m. until 11:00 a.m., and

(ii) on Good Friday and Remembrance Day.

Subsection 93(1) amended

5(1)        Subsection 93(1) is amended by adding "or provided" after "purchased".

Subsection 93(2) amended

5(2)        Subsection 93(2) is amended

(a) by adding "or provided" after "purchased"; and

(b) by striking out "legal".

Subsection 93(3) added

5(3)        The following is added after subsection 93(2):

Spectators, private clubs, transportation

93(3)       A person under the age of 18 years may enter premises governed by a spectator activities licence, a private club licence or a transportation licence, but he or she shall not consume liquor therein unless it is purchased or provided by his or her parent, guardian or spouse who is at least 18 years of age, and it is consumed with a meal in their presence.

Subsection 98(2) amended

6           Subsection 98(2) is amended by striking out "or partially full".

Section 112.1 added

7           The following is added after section 112:

Exception for certain lawful possession

112.1       Nothing in section 112 applies to liquor lawfully in the possession of any person that is liquor being conveyed by a person from his residence to another intended residence, during the course of a bona fide change of residence.

Subsections 121(3), (3.1), (4) and (5) added

8           Section 121 is amended by adding the following after subsection (2):

Where proof of age required

121(3)      Where there is in a licensed premises a person who appears to be under the age of 18 years, the licensee may, before or after serving him or her, or at any time, demand from that person proof that he or she is of the full age of 18 years; and, if the person refuses to furnish the proof, he or she shall not be served and, if he or she has already been served, he or she shall, on the request of the licensee, leave the licensed premises; and, if the person fails to do so, he or she is guilty of an offence and may be ejected from the licensed premises.

Production of photo identification

121(3.1)    Notwithstanding anything to the contrary in subsection (3), a licensee may require a person who appears to be under the age of 18 years to provide proof that he or she is of the full age of 18 years in the form of a photocard approved by the commission and, for purposes of this section, the production of such identification is conclusive of the fact that that person is of the full age of 18 years, if the photo and information on the card are consistent and correspond with the physical appearance of the person producing it.

Acquittal in certain cases

121(4)      Where an accused is charged with an offence under subsection (1), or under section 91or 94, the court may acquit the accused if it is satisfied

(a) that the person under the age of 18 years whom the accused is charged with employing or with allowing to consume liquor, or to whom the accused is charged with giving, selling or supplying liquor, appears to be over the age of 18 years, and that the accused did not know and did not have any reason to suspect that that person was under the age of 18; or

(b) that the accused demanded proof of age as mentioned in subsection (3) and the person under the age of 18 years furnished evidence that would normally be accepted as proof that he or she was over the age of 18 years.

Offence

121(5)      Any person under the full age of 18 years who has in his possession or consumes liquor, other than as permitted by this Act, is guilty of an offence.

Coming into force

9           This Act comes into force on the day it receives the royal assent.