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The Liquor Control Amendment Act

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S.M. 1995, c. 28

The Liquor Control Amendment Act

(Assented to November 3, 1995)

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 adding the following definition in alphabetical order:

"veterans organization"  means an organization whose members are

(a) former or current members of the Canadian Forces,

(b) allied veterans of World War I or II, or

(c) persons who are associated with persons described in clause (a) or (b) and who are permitted by the by-laws of the organization to be members; (« association d'anciens combattants »)

3           The following is added after section 1:

Definitions

1.1(1)      In this section,

"area outside a local authority" means an area, such as a provincial or national park or a Canadian Forces Base, that is not located in a local authority or a city; (« région située à l'extérieur d'une autorité locale »)

"local authority"  means

(a) a municipality other than a city,

(b) a local government district,

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

(d) the part of Northern Manitoba in respect of which the Minister of Northern Affairs exercises the powers, rights and privileges of a municipality under subsection 5(1) of The Northern Affairs Act. (« autorité locale »)

Interpretation of "local retail beer vendor" 1.1(2) A retail beer vendor is a "local retail beer vendor" in relation to a licensee if

(a) the premises of the retail beer vendor are located in the same city as those of the licensee;

(b) the premises of the retail beer vendor are located in the same local authority as those of the licensee;

(c) the premises of the retail beer vendor and those of the licensee are both located in an area outside a local authority;

(d) the premises of the retail beer vendor are located in a local authority that borders on

(i) the local authority, or

(ii) the area outside a local authority,

in which the premises of the licensee are located;

(e) the premises of the retail beer vendor are located in an area outside a local authority that borders on the local authority in which the premises of the licensee are located; or

(f) the premises of the retail beer vendor satisfy the criteria as to location in relation to the licensee provided by regulation for the purpose of this clause.

Application of C.C.S.M. c. R80

1.2         Section 2 of The Remembrance Day Act does not apply to

(a) the sale or offering for sale in licensed premises of liquor, or goods sold or offered for sale in connection with liquor, by a licensee or his or her employees;

(b) the purchase in licensed premises of liquor, or goods sold or offered for sale in connection with liquor, from a licensee or his or her employees; or

(c) the engagement of a licensee of licensed premises, or his or her employees, in activities relating to the sale or offering for sale of liquor or goods sold or offered for sale in connection with liquor.

4           Subsection 67(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

5(1)        Subsection 71(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

5(2)        Subsection 71(4) is amended by repealing clauses (c) and (d) and substituting the following:

(c) from 2:00 a.m. on Good Friday or Christmas Day until 11:00 a.m. on the next day;

(d) from 2:00 a.m. on the first Sunday following Good Friday until 11:00 a.m. on the next day; and

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

5(3)        Subsection 71(6) is amended by striking out "on holidays" and substituting "on holidays other than Remembrance Day".

6(1)        Subsection 72(3) is amended

(a)  by striking out "and" at the end of clause (b);

(b) in clause (c), by adding "other than Remembrance Day; and" after "on a holiday"; and

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

(d) from 2:00 a.m. until 1:00 p.m. on Remembrance Day, except when it falls on a Sunday.

6(2)        Subsection 72(5) is amended by striking out "on holidays" and substituting "on holidays other than Remembrance Day".

7(1)        Subsection 73(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

7(2)        Subsection 73(4) is amended

(a) by striking out "and" at the end of clause (b);

(b) in clause (c), by adding "other than Remembrance Day; and" after "holiday"; and

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

(d) from 2:00 a.m. until 4:00 p.m. on Remembrance Day, except when it falls on a Sunday.

8(1)        Subsection 74(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

8(2)        Subsection 74(4) is repealed and the following is substituted:

Hours of sale

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

(a) from 2:00 a.m. until 11:00 a.m.;

(b) from 2:00 a.m. on a holiday other than Remembrance Day; and

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

9(1)        Subsection 75(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

9(2)        Subsection 75(3) is amended

(a) by striking out "and" at the end of clause (a);

(b) in clause (b), by striking out "and Remembrance Day" and substituting "; and"; and

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

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

10(1)       Subsection 76(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

10(2)       Clause 76(5)(a) is repealed and the following is substituted:

(a) the number of guests on the premises at one time does not exceed

(i) 50% of the permanent local membership of the club, in the case of a club that is a veterans organization; or

(ii) 10% of the permanent local membership of the club, in the case of any other club; and

10(3)       Subsection 76(10) is amended

(a) in clause (c), by striking out "or a holiday." and substituting ", on Christmas Day or on Good Friday;" and

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

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

(e) that is a club other than a veterans organization from 2:00 a.m. until 1:00 p.m. on Remembrance Day except when it falls on a Sunday.

10(4)       Subsection 76(11) is amended by adding "other than Remembrance Day" after "holiday".

11(1)       Subsection 77(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

11(2)       Subclauses 77(3)(c)(i) and (ii) are repealed and the following is substituted:

(i) from 2:00 a.m. until 11:00 a.m.,

(ii) on Good Friday, and

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

12          Subsection 78(2) is amended by striking out "or a specialty wine store" and substituting ", a specialty wine store or a local retail beer vendor".

Coming into force

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