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The Liquor Control Amendment and Consequential Amendments Act

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S.M. 1993, c. 40

The Liquor Control Amendment and Consequential Amendments Act

(Assented to July 27, 1993)

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

(a) in the definition "residence"

(i) by striking out ", tent, or vessel," in clause (b) and substituting "or tent",

(ii) by striking out "or" at the end of clauses (a) and (b),

(iii) by adding "or" at the end of clause (c), and

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

(d) a boat moored at a stationary dock that is bona fide and actually occupied and used by the owner, lessee or tenant thereof solely as a private dwelling;

(b) by adding the following definition in alphabetical order:

"specialty wine store" means a store established under subsection 17.1(1); (« magasin de vins de spécialité »)

3(1)        Clause 8(1)(t) is repealed.

3(2)        Clause 8(1)(bb) is amended by striking out "bottles" wherever it occurs and substituting "containers".

4           Section 10 is repealed and the following is substituted:

Regulations with L.G in C. approval

10(1)       Subject to the approval of the Lieutenant Governor in Council, the commission may make regulations

(a) for the purpose of regulating advertising with respect to specialty wine stores and licensed premises and liquor;

(b) respecting the establishment and operation of specialty wine stores including, without limiting the generality of the foregoing,

(i) the number and location of specialty wine stores,

(ii) the wines that are authorized to be sold in a specialty wine store,

(iii) the sale by liquor stores of the wines authorized to be sold in a specialty wine store,

(iv) the maximum percentage of revenue that the operator of a specialty wine store is permitted to derive from the sale of wine to licensees;

(c) respecting the maximum percentage of total food and liquor sales that the licensee of a dining room or the licensee of a dining room and a cocktail lounge is permitted to derive from the sale of liquor;

(d) requiring the giving of notification to consumers purchasing liquor at retail for consumption at a place other than the place of sale about the potential health hazards associated with the consumption of liquor, including the potential damage to a foetus, and prescribing the form and content of such notice and the circumstances in which it is to be given.

Regulations under clause (1)(a) or subclause (1)(b)(ii), (iii) or (iv)

10(2)       A regulation under clause (1)(a) or subclause (1)(b)(ii), (iii) or (iv) may be specific or general in its application.

5           The following is added after section 17:

Establishment of specialty wine store

17.1(1)     Subject to this Act and the regulations under clause 10(1)(b), the commission may, after soliciting bids or proposals from the public, enter into agreements for the establishment and operation of specialty wine stores for the sale of wine authorized to be sold in a specialty wine store.

L.G. in C. to approve agreement

17.1(2)     An agreement under subsection (1) is subject to the approval of the Lieutenant Governor in Council.

Price

17.1(3)      The price of a wine authorized to be sold in a specialty wine store

(a) if it is listed by the commission at the time of the first solicitation in respect of the establishment of the specialty wine store, shall, as long as it continues to be listed, be the price at which that the wine is listed from time to time by the commission; and

(b) if it is not listed by the commission at the time of the first solicitation in respect of the establishment of the specialty wine store or ceases thereafter to be listed, shall be the price determined by the operator of the specialty wine store.

Application of subsection 16(3)

17.1(4)     Subsection 16(3) applies to a specialty wine store with such modifications as the circumstances require.

6           Section 18 is amended

(a) by renumbering it as subsection 18(1);

(b) by striking out "Neither" and substituting "Subject to subsection (2), neither "; and

(c) by adding the following as subsection 18(2):

Duty of commission re import and supply of wine

18(2)       The commission shall, on the request of the operator of a specialty wine store,

(a) make all reasonable efforts to import in a timely manner any wine that the operator is authorized to sell; and

(b) in a timely manner supply the imported wine to that operator.

7(1)        Subsection 41(1) is amended by striking out "from the commission".

7(2)        Subsection 41(2) is amended by striking out "may be designated by the commission" and substituting "shall be the place or places specified by the holder of the occasional permit and set out in the permit".

7(3)        Subsection 41(9) is amended by adding "a liquor vendor, a beer vendor or a specialty wine store" after "purchased from the commission".

8           Subsection 46(1) is amended

(a) by adding "or specialty wine store" after "liquor store" wherever it occurs; and

(b) by adding "or the operator of the specialty wine store or an employee or agent of the operator" after "the official of the commission".

9           The heading "PURCHASE OF LIQUOR ON PERMITS" preceding section 47 is repealed and "PURCHASE OF LIQUOR" is substituted.

10          Clause 49(1)(b) is repealed and the following is substituted:

(b) the purchaser has paid for the liquor by a means that

(i) in the case of the commission, is approved by regulation, and

(ii) in the case of a liquor vendor or an agent with authority to operate a duty free liquor store, is acceptable to the liquor vendor or agent;

11          Subsection 53(1) is amended

(a) by adding ", the operator of a specialty wine store" after "sold by the commission"; and

(b) by adding ", from the operator of a specialty wine store" after "purchased from the commission".

12          Section 54 is amended by renumbering it as subsection 54(1) and adding the following as subsection 54(2):

Applications of subsection (1)

54(2)       Subsection (1) does not apply to a specialty wine store.

13          Subsection 59(2) is amended by adding "or a specialty wine store" after "from the commission".

14          Clause 61(a) is amended by striking out "who was resident in Canada for at least one year immediately prior to the date of application" and substituting "who is resident in Canada".

15          Subsections 63(1) and (2) are amended by striking out "operation of law" and substituting "order of a court".

16(1)       Clause 64(1)(b) is repealed and the following is substituted:

(b) the person is, or when the licence is effective will be, the owner or lessee of the premises in respect of which the application is made;

16(2)       Clause 64(1.1)(d) is repealed and the following is substituted:

(d) the maximum hours during which the applicant intends to serve liquor under the proposed licence.

16(3)       The following is added after subsection 64(1.1):

Application of clause (1)(e)

64(1.2)     Clause (1)(e) does not apply to an application for a licence of the same class as a licence granted by the commission in respect of those premises in the year preceding the application.

17          Section 66 is amended by striking out "for obtaining a new licence" and substituting "of the licence".

18(1)       Subsection 67(1) is repealed and the following is substituted:

Requirements

67(1)       The commission may issue a dining room licence to the proprietor or operator of a dining room if it is satisfied that

(a) the dining room, kitchen and related areas comply with The Public Health Act and the regulations under that Act; and

(b) the dining room meets the requirements of the regulations.

18(2)       Subsection 67(2) is amended in the part preceding clause (a) by adding "or a specialty wine store" after "from the commission".

18(3)       Subsection 67(3) is amended by striking out "section 83 does" and substituting "the regulations under clause 10(1)(c) do".

19          Section 70 is repealed.

20(1)       Subsection 71(1) is amended by adding the following after clause (b):

(c) the proposed premises meet the requirements of the regulations.

20(2)       Subsection 71(2) is amended by adding "or a specialty wine store" after "from the commission".

20(3)       Subsection 71(5) is amended by striking out "11:00 p.m." and substituting "9:00 p.m.".

20(4)       Subsection 71(7) is repealed.

21          Subsection 72(2) is amended by adding "or a specialty wine store" after "from the commission".

22          Section 73 is amended

(a) in subsection (2), by adding "or a specialty wine store" after "from the commission"; and

(b) in clauses (4)(a) and (b), by striking out "5:00 p.m." and substituting "4:00 p.m.".

23(1)       In the following provisions, "or a specialty wine store" is added after "from the commission":

(a) subsections 74(2) and (3), in the part preceding clause (a);

(b) subsection 75(2); and

(c) subsection 76(2).

23(2)       Section 77 is amended

(a) in subsections (2) and (4), by adding "or a specialty wine store" after "from the commission"; and

(b) by repealing the section heading of subsection (4) and substituting "Purchases other than from commission or specialty wine store".

23(3)       Subsection 78(2) is amended by adding "or a specialty wine store" after "from the commission".

24          Clause 79(c) is amended by adding "manufacturer's" before "retail store".

25(1)       Subsection 81(1) is amended by striking out "domestic".

25(2)       Subsection 81(2) is amended

(a) by repealing the section heading and substituting "Wine manufacturer's retail store"; and

(b) in the subsection by adding "manufacturer's" before "retail store".

26(1)       Subsection 82(1) is amended by striking out "No" and substituting "Subject to subsection (1.1), no".

26(2)       The following is added after subsection 82(1):

Exception

82(1.1)     Subsection (1) does not apply to the consumption by a member of the public in the licensed retail premises of a complimentary sample of liquor offered in accordance with the regulations.

27(1)       Subsection 84(1) is amended

(a) in the part preceding clause (a), by striking out "wine retail store" and substituting "wine manufacturer's retail store"; and

(b) in clauses (a), (b) and (c), by striking out "2:00 a.m." and substituting "2:30 a.m.".

27(2)       Subsection 84(2) is amended by striking out "15 hours" and substituting "151/2 hours".

28          Section 91 is amended by renumbering it as subsection 91(1) and by adding the following as subsection 91(2):

Application of subsection 121(4)

91(2)       Subsection 121(4) applies with such modifications as the circumstances require in respect of a licensee under subsection (1).

29(1)       Subsection 93(1) is amended

(a) in the section heading, by adding "or cabaret" after "cocktail lounge"; and

(b) in the subsection, by striking out "a cocktail lounge" and substituting "or remain in a cocktail lounge or cabaret".

29(2)       Subsection 93(2) is amended

(a) in the section heading, by striking out "and cabaret"; and

(b) in the subsection, by striking out "or cabaret".

30          Section 94 is amended by renumbering it as subsection 94(1) and by adding the following as subsection 94(2):

Application of subsection 121(4)

94(2)       Subsection 121(4) applies with such modifications as the circumstances require in respect of a licensee under subsection (1).

31(1)       Subsection 96(1) is amended

(a) by repealing the section heading and substituting "Obligations of licensee";

(b) in clause (a), by striking out everything after "therein";

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

(a.1) permit a lottery scheme in the licensed premises other than a lottery scheme permitted under The Manitoba Lotteries Foundation Act;

31(2)       The following subsection is added after subsection 96(3):

Licensed premises

96(4)       For the purposes of subsections (2) and (3), "licensed premises" includes any parking lot that is owned or leased by the licensee or is otherwise under the control of the licensee.

32          Section 106 is amended by striking out ", with the written approval of the commission,".

33           Section 108 is amended by striking out "from the commission under the licence" and substituting "under the licence from the commission or a specialty wine store".

34          Section 110 is repealed.

35(1)       Subsection 111(4) is amended

(a) by striking out the section heading and substituting "Certain gifts prohibited"; and

(b) by adding "or an operator of a specialty wine store" after "liquor vendor".

35(2)       Subsection 111(5) is amended

(a) by striking out the heading and substituting "Acceptance of certain gifts prohibited"; and

(b) by adding "or an operator of a specialty wine store" after "liquor vendor".

35(3)       Subsection 111(6) is amended

(a) in the part preceding clause (a), by striking out "with the prior approval of the commission and"; and

(b) in the part following (b), by striking out "that the commission deems".

36          Section 112 is amended by adding "an operator of a specialty wine store, a" after "the commission" wherever it occurs.

37          Section 114 is amended by adding "or under" after "authorized by".

38          Subsection 116(1) is amended

(a) in the part preceding clause (a), by striking out "purchased from the commission" and substituting "lawfully purchased"; and

(b) in clause (a), by striking out "from the commission".

39(1)       Clauses 117(1)(a) and (b) are amended by striking out "purchased from the commission" and substituting "lawfully purchased in Manitoba".

39(2)       The section heading of subsection 117(2) is amended by striking out "Bar" and substituting "Beer".

39(3)       Subsections 117(4) and (5) are amended by striking out "purchased from the commission" and substituting "lawfully purchased in Manitoba".

40(1)       Clauses 120(4)(a) and (b) are repealed.

40(2)       The following is added after subsection 120(6):

Consumption on boats

120(6.1)    No person shall consume liquor on a boat unless

(a) the boat is moored at a stationary dock and is bona fide and actually occupied and used by its owner, lessee or tenant solely as a private dwelling; or

(b) a licence or permit permitting the serving of liquor has been issued in respect of the boat and the liquor is consumed in accordance with that licence or permit.

41(1)       Subsections 121(3) and (3.1) are repealed.

41(2)       Subsection 121(4) is repealed and the following is substituted:

Acquittal in certain cases

121(4)      The court may acquit a person (in this subsection referred to as the "supplier") who gives, sells or otherwise supplies liquor or a controlled beverage to another person who is under the age of 18 years if the court is satisfied

(a) that the other person appeared at the time of the alleged offence to be over the age of 18 years and the supplier did not know or have any reason to suspect that the person was under the age of 18 years; or

(b) that the supplier did not know that the other person was under the age of 18 years and

(i) requested, and had produced to him or her by the other person, a valid and subsisting driver's licence issued or purported to be issued by or under the authority of the government of any country, province, state, district or territory that

(A) displayed a photograph of, and the name and date of birth of, that other person,

(B) indicated that the other person was at least 18 years of age, and

(C) was such that there was no apparent reason to doubt the authenticity of the driver's licence, that it was valid and subsisting or that it was issued to the person producing it, or

(ii) after having made a request under subclause (i), was satisfied that the person did not have a driver's licence of the kind requested, or did not have a driver's licence of the kind requested in his or her possession, and requested and had produced to him or her by the other person identification issued or purported to be issued by or under the authority of the government of, or any agency of the government of, any country, province, state, district or territory that

(A) displayed a photograph of, and the name and date of birth of, that other person,

(B) indicated that the other person was at least 18 years of age, and

(C) was such that there was no apparent reason to doubt the authenticity of the identification or that it was issued to the person producing it.

42          Sections 127 and 128 are amended by striking out "or clause 112(b)" wherever it occurs and substituting ", clause 112(b), subsection 121(1), subsection 121(5) or clause 122(c)".

43          Subsection 138(1) is amended

(a) by adding "or upon the premises of a specialty wine store" after "permit has been issued"; and

(b) by adding "or the terms and conditions of the agreement under subsection 17.1(1) in respect of the specialty wine store" after "conditions of the licence or permit".

44          Section 148 is amended by renumbering it as subsection 148(1) and by adding the following as subsections 148(2), (3) and (4):

Application of Part to specialty wine stores

148(2)      The provisions of this Part as they relate to liquor stores apply to specialty wine stores with such modifications as the circumstances require.

Application of by-laws to specialty wine stores

148(3)      The provisions of a by-law of a municipality under this Part that have the effect of prohibiting a liquor store in the municipality are deemed to apply to a specialty wine store with such modifications as the circumstances require.

Limitation on by-law power

148(4)      No by-law under this Part shall have the effect of prohibiting a specialty wine store if there is a liquor store in the municipality.

45          Clause 168(1)(e) is amended by striking out everything after "the premises".

46          Sections 173 and 176 are repealed.

Consequential amendments, C.C.S.M. c. H60

47(1)       The Highway Traffic Act is amended by this section.

47(2)       Subsection 170(1) is amended

(a) by repealing clause (a) and substituting the following:

(a) use or possess a fictitious, cancelled or suspended registration;

(a.1) use or possess the licence of another person, or permit another to use or possess his or her licence, or possess a fictitious or altered licence, for any purpose other than one described in clause (a.2);

(a.2) use or possess the licence of another person, or permit another to use or possess his or her licence, or use or possess a fictitious or altered licence, for the purpose of purchasing or obtaining or attempting to purchase or obtain liquor in contravention of The Liquor Control Act;

(b) by repealing clause (f) and substituting the following:

(f) use or possess

(i) a licence that has been defaced, or

(ii) a registration card, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act, that has been altered or defaced; or

47(3)       Subsection 170(2) is amended

(a) in the part preceding clause (a), by adding "(a.1), (a.2)," after "clause (1)(a),"; and

(b) in clauses (a) and (b), by adding ", and in the case of clause (a.2) shall," after "may".

Coming into force

48(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force:  various provisions

48(2)       The following provisions come into force on the 30th day after the day this Act receives royal assent:

(a) clause 10(1)(c) as enacted by section 4;

(b) section 19; and

(c) subsection 20(4).

Coming into force:  other provisions

48(3)       Clause 10(1)(d), as enacted by section 4 of this Act, subsection 96(4), as enacted by section 31 of this Act and section 47 of this Act come into force on a day fixed by proclamation.