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The Liquor Control Amendment Act

S.M. 1991-92, c. 27

Bill 50, 2nd Session, 35th Legislature

The Liquor Control Amendment Act

(Assented to July 26, 1991)

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.

Section 1 amended

2           Section 1 is amended

(a) by striking out the definition "chief inspector";

(b) by striking out the definition "general manager";

(c) in the definition of "holiday", by striking out "Thanksgiving Day,";

(d) in the definition of "inspector", by striking out "and includes the Chief Inspector";

(e) by adding the following definition in alphabetical order within the section:

"president and chief executive officer" means the person appointed as president and chief executive officer under subsection 7(1); («président-directeur général»)

Subsections 3(1) and (2) amended

3           Subsections 3(1) and (2) are amended by striking out "chairman" and "vice-chairman" wherever they occur and substituting "chairperson" and "vice-chairperson", respectively.

Subsection 4(3) added

4           The following is added after subsection 4(2):

Duties of chairperson

4(3)        The chairperson shall devote such time as is required for the due and proper performance of the duties of the commission, and shall ensure that the commission administers and enforces this Act and the regulations and performs any duty assigned to it under any other Act.

Subsection 7(1) amended

5(1)        Subsection 7(1) is amended

(a) by repealing the heading and substituting "Appointment of president and c.e.o.";

(b) by striking out "general manager" and substituting "president".

Subsection 7(2) rep. and sub.

5(2)        Subsection 7(2) is repealed and the following is substituted:

Duties of president and c.e.o.

7(2)        The president and chief executive officer shall devote full time and attention to the business and affairs of the commission, including the supervision of its officers and employees appointed under subsection (3).

Subsection 7(3) amended

5(3)        Subsection 7(3) is amended

(a) by repealing the heading and substituting "President and c.e.o. to appoint employees";

(b) by striking out "general manager" and substituting "president and chief executive officer".

Subsection 7(4) added

5(4)        The following is added after subsection 7(3):

Powers of the president and c.e.o.

7(4)        The president and chief executive officer may exercise the powers of the commission under

(a) clauses 8(1)(a), (b), (d), (l), (m), (n), (q), (u), (w), (x) and (bb); and

(b) clause 8(1)(g), other than in respect of premises.

Clause 8(1)(g) amended

6(1)        Clause 8(1)(g) is amended by striking out "all plant, furnishings and equipment it may consider" and substituting "any premises, furnishings and equipment it considers".

Clause 8(1)(h) rep. and sub.

6(2)         Clause 8(1)(h) is repealed, and the following is substituted:

(h) In consultation with the president and chief executive officer, to appoint the officers, other than the president and chief executive officer, required for the administration and enforcement of this Act;

Clause 8(1)(y.1) added

6(3)        The following is added after clause 8(1)(y):

(y.1) To establish rules of procedure respecting an appeal under section 21;

Subsection 8(3) repealed

6(4)        Subsection 8(3) is repealed.

Section 13 rep. and sub.

7           Section 13 is repealed and the following is substituted:

Regulations come into force on publication

13          Notwithstanding The Regulations Act, a regulation made under this Act comes into force on the day it is published in The Manitoba Gazette.

Subsection 19(2) amended

8(1)        Subsection 19(2) is amended

(a) by repealing the heading and substituting "Chairperson of the board";

(b) by striking out "The Licensing Board as chairman thereof" and substituting "the Licensing Board as chairperson".

Subsection 19(4) amended

8(2)        Subsection 19(4) is amended

(a) by repealing the heading and substituting "Acting chairperson";

(b) by striking out "chairman" wherever it appears and substituting "chairperson";

(c) by striking out "The Licensing" wherever it appears and substituting "the Licensing".

Subsection 20(1) rep. and sub.

9(1)        Subsection 20(1) is repealed and the following is substituted:

Board to determine applications for s.60 licence

20(1)       The Licensing Board shall consider and determine any application for a licence under clauses 60(a) to (j), and in granting a licence may make it subject to such terms and conditions as it considers necessary or advisable.

Subsections 20(3) and (4) repealed

9(2)        Subsections 20(3) and (4) are repealed.

Section 20.1 added

10          The following is added after section 20:

Designation of panels

20.1(1)     The Licensing Board may designate a panel of not less than three members for the purpose of considering an application under section 20, and any such panel has the powers and duties of the board.

Presiding officer of panel

20.1(2)     Where the Licensing Board designates a panel, the Licensing Board shall appoint one of the members of the panel as its presiding officer.

Quorum of panel

20.1(3)     A quorum of a panel is three members.

Subsection 21(1) rep. and sub.

11(1)       Subsection 21(1) is repealed and the following is substituted:

Appeal from decision of board

21(1)       An applicant for a licence may appeal the decision of the Licensing Board under section 20 to the commission in accordance with the procedure prescribed by regulation.

Subsection 21(2) repealed

11(2)       Subsection 21(2) is repealed.

Subsection 22(1) amended, renumbered

12(1)       Subsection 22(1) is amended

(a) by striking out "chairman" and substituting "chairperson";

(b) by adding "or she" after "he";

(c) by renumbering it as subsection 19(5).

Subsection 22(2) renumbered

12(2)       Subsection 22(2) is renumbered as subsection 19(6).

Subsection 29(1) amended

13          Subsection 29(1) is amended by striking out "general manager, the Chief Inspector" and substituting "president and chief executive officer".

Subsections 34(1) and (5) amended

14          Subsections 34(1) and (5) are amended by striking out "chairman" and substituting "chairperson".

Clause 39(2)(e) added

15          Subsection 39(2) is amended

(a) by striking out "or" at the end of clauses (a) to (c);

(b) by adding "or" at the end of clause (d);

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

(e) to an association, society or organization authorized under The Charities Endorsement Act to conduct for a charitable purpose an auction of wine designated by the commission as a rare or expensive product.

Subsection 69(1) amended

16(1)       Subsection 69(1) is amended by striking out "Where" and substituting "Subject to section 167, where".

Subsection 69(2) amended

16(2)       Subsection 69(2) is amended by adding "Subject to section 167" before "Where a dining room licence".

Subsection 71(4) rep. and sub.

17(1)       Subsection 71(4) is repealed and the following is substituted:

Hours of service

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

(a) while the dining room is closed;

(b) from 2:00 a.m. to 11:00 a.m.;

(c) from 2:00 a.m. on a holiday until 11:00 a.m. on the next day that is not a holiday; and

(d) from 2:00 a.m. on the first Sunday following Good Friday until 11:00 a.m. on the next day that is not a holiday.

Subsection 71(6) amended

17(2)       Subsection 71(6) is amended by striking out "on Sundays and holidays," and substituting "on holidays and the first Sunday following Good Friday".

Subsection 72(1) rep. and sub.

18          Subsection 72(1) is repealed and the following is substituted:

Requirements respecting hotel

72(1)       The commission may issue a beverage room licence to a person in respect of premises that are

(a) located in a hotel, or a building adjacent to a hotel, that has a licensed dining room and for which the commission has issued a certificate of registration under section 169; and

(b) in the opinion of the commission, adequate for the purpose.

Subsection 84(3) added

19          The following is added after subsection 84(2):

Sunday delivery for occasional permit

84(3)       Notwithstanding subsection (1), beer may be delivered on a Sunday from a beer vendor to other premises for a social occasion for which an occasional permit is issued under this Act, where the commission authorizes the delivery on a Sunday, and the beer is paid for before delivery.

Subsection 90(1) rep. and sub.

20(1)       Subsection 90(1) is repealed and the following is substituted:

Licensing of manufacturer to sell liquor

90(1)       A manufacturer licensed under clause 85(1)(a) may be granted a licence to sell liquor under this Act, where the commission is satisfied that the manufacturer, as a licensee, will not discourage the sale or consumption of the products of any other manufacturer.

Prohibition respecting manufacturers

90(1.1)     A manufacturer licensed under clause 85(1)(a) shall not directly or indirectly enter into an agreement with any other licensee whereby the licensee is to promote the sale of the product of the manufacturer.

Subsection 90(2) amended

20(2)       Subsection 90(2) is amended by striking out "The prohibitions in subsection (1) apply" and substituting "The prohibition in subsection (1.1) applies".

Section 100 repealed and substituted

21          Section 100 is repealed and the following is substituted:

Special events

100         Where licensed premises are situated in an area where in the opinion of the commission an event of community, municipal, provincial or national significance is to take place, the commission may, for the purpose of the event, in writing and subject to such terms, conditions and hours of operation as it may prescribe, allow the sale, service or consumption of liquor, or extend the period during which liquor may be sold, served or consumed, in the premises.

Subsection 134(1) amended

22          Subsection 134(1) is amended

(a) by striking out "chairman" and substituting "chairperson";

(b) by striking out "or the Chief Inspector";

(c) by adding "or her" after "his".

Section 135 amended

23          Section 135 is amended

(a) by striking out "The justice" and subsituting "A justice";

(b) by striking out "Chief Inspector" and substituting "commission";

(c) by striking out ", on being advised thereof by the Chief Inspector,".

Section 144 amended

24          Section 144 is amended by striking out "Chief Inspector" and substituting "commission".

Section 167 rep. and sub.

25          Section 167 is repealed and the following is substituted:

Where licence subject to hotel certificate

167         The commission shall not, in respect of premises or a part of any premises operated as a hotel,

(a) issue a licence under clause 60(1)(c) or (j);

(b) make an authorization under subsection 69(1); or

(c) give an approval under subsection 69(2);

unless the person operating the hotel holds a certificate of registration under subsection 169(1).

Section 178 repealed

26          Section 178 is repealed.

Coming into force

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