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The Liquor Control Amendment Act

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S.M. 2011, c. 31

Bill 41, 5th Session, 39th Legislature

The Liquor Control Amendment Act

(Assented to June 16, 2011)

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           The following is added after section 8:

Social responsibility initiatives and programs

8.1         The commission must conduct initiatives and programs that promote responsible liquor consumption and warn of the harm caused by irresponsible liquor consumption.

3(1)        Subsection 16(1) is amended by striking out "subsection (2) and".

3(2)        The following is added after subsection 16(1):

Boutique liquor stores

16(1.1)     The commission may establish, maintain and operate boutique liquor stores within the premises of grocery stores or at other locations that the commission considers appropriate. Boutique liquor stores sell a limited selection of liquor, in accordance with this Act.

3(3)        Subsection 16(2) is repealed.

3(4)        The following is added after subsection 16(3):

Sale of other items

16(4)       A liquor store may also sell the following products:

(a) liquor-related products, such as

(i) stoppers, openers and glassware,

(ii) books and magazines dealing with liquor, and

(iii) gift bags or boxes for products sold at the store;

(b) alcoholic beverages containing 1% or less alcohol by volume, such as low-alcohol beer, wine, coolers and pre-mixed cocktails;

(c) beer, wine and pre-mixed cocktails that do not contain alcohol;

(d) tickets, souvenirs and clothing for community-based events;

(e) items that promote the responsible consumption of liquor, such as gift cards or gift certificates for taxis.

4           Section 33 is replaced with the following:

Term of licences and permits

33          Unless it is cancelled or suspended, and subject to the provisions of this Act, a licence or permit is effective for the period set out in the licence or permit, which must not be longer than three years.

5(1)        Subsection 41(6) is repealed.

5(2)        Subsection 41(12) is replaced with the following:

Minors at social occasion

41(12)      A person under 18 years of age may attend a social occasion at premises in respect of which an occasional permit has been issued.

No consumption or possession by minors

41(12.1)    No person under 18 years of age shall possess or consume liquor at a social occasion.

Duty of permit holder re minors

41(12.2)    The holder of an occasional permit shall ensure that no person under 18 years of age possesses or consumes liquor at the social occasion.

6           Subsection 43(2) is repealed.

7           The following is added after clause 60(1)(i):

(i.1) brew pub;

8           Section 62 is amended by striking out "90%" and substituting "80%".

9(1)        The part of clause 64(1)(e) before subclause (i) is replaced with the following:

(e) the person publishes a notice of the application within the prescribed time periods

9(2)        Subsection 64(3) is amended by striking out "the date of the issue of The Manitoba Gazette or a newspaper containing a notice of application" and substituting "notice of the application was published in a newspaper as required by clause (1)(e)".

10          The following is added after section 67:

Licensee may allow patrons to bring own wine

67.1(1)     The holder of a dining room licence may allow patrons to bring their own commercially made wine in an unopened bottle to the dining room for consumption with meals served in the dining room.

Service requirements

67.1(2)     Wine brought to a dining room by a patron under the authority of this section is to be served in accordance with the regulations.

Application

67.1(3)     All provisions of this Act and the regulations respecting the service, consumption and handling of liquor in licensed premises apply with necessary changes to wine brought to a dining room by a patron under this section, as if that wine had been purchased in the dining room.

11          Clauses 72(3)(b) and 73(4)(b) and subclause 76(10)(c)(ii) are repealed.

12           The following is added after section 78:

BREW PUB LICENCE

Definitions

78.1(1)     The following definitions apply in this section.

"base licence" means the other licence referred to in subsection (2) that is held by the holder of a brew pub licence. (« licence de base »)

"subject premises" means the premises that are the subject of both a base licence and a brew pub licence. (« locaux visés par deux licences »)

Brew pub licence

78.1(2)     The commission may issue a brew pub licence to a person in respect of premises for which that person holds one of the following classes of licence:

(a) dining room;

(b) cocktail lounge;

(c) beverage room;

(d) cabaret.

Requirements

78.1(3)     The commission may issue a brew pub licence if

(a) the equipment to be used to produce beer is acceptable to the commission; and

(b) the commission is satisfied that the subject premises are appropriate.

Authorization

78.1(4)     A brew pub licence authorizes the licensee to

(a) produce beer at the subject premises, up to a maximum volume established by regulation;

(b) sell beer produced at the subject premises to the commission and deliver that beer as directed by the commission; and

(c) purchase beer produced at the subject premises from the commission and

(i) sell it for consumption in the subject premises, or

(ii) sell it to the public for consumption outside of the subject premises in packages authorized by the commission;

in accordance with requirements established by regulation.

Location of equipment

78.1(5)     The equipment used by the holder of a brew pub licence to produce beer under that licence must be located in the subject premises.

Hours of sale

78.1(6)     Beer produced at the subject premises may be sold in or from the subject premises only during the hours when liquor may be sold in the subject premises under the base licence.

Effect on base licence

78.1(7)     Subject to this section, the issuance of a brew pub licence does not otherwise affect the licensee's operation of the subject premises under the base licence, and all requirements of this Act and the regulations in respect of the base licence continue to apply to the licensee.

Regulations

78.1(8)     The commission may, by regulation,

(a) impose additional requirements or restrictions on the holder of a brew pub licence respecting operations at the subject premises; and

(b) vary the application of this Act or the regulations in relation to a base licence held by the holder of a brew pub licence.

13          Clause 84(1)(b) is repealed.

14          Section 92 is amended by renumbering it as subsection 92(1) and adding the following as subsection 92(2):

Training

92(2)       Every licensee shall ensure that the manager of the licensed premises and any person who serves liquor or provides security at the licensed premises has successfully completed a responsible service and safety course specified by the commission.

15(1)       Subsection 93(1) is amended by adding "possess or" after "no such person shall".

15(2)       Subsection 93(3) is amended in the part after clause (e) by adding "possess or" after "shall not".

16          Subsection 94(1) is amended

(a) in the section heading, by adding "or possession" after "Consumption"; and

(b) by adding "possess or" after "18 years to".

17          Subsection 95(2) is amended by striking out "purchased at" and substituting "from".

18          Clauses 96(1)(a.2) and (b) are replaced with the following:

(a.2) permit unlawful activities or conduct not referred to in clause (a) or (a.1) to take place in the licensed premises or in the immediate vicinity outside of the licensed premises;

(b) permit disorderly persons to be in the licensed premises or in the immediate vicinity outside of the licensed premises;

19(1)       Subsection 96.1(1) is amended by striking out everything before "may conduct" and substituting "If the commission becomes aware of concerns about security at a licensed premises, it".

19(2)       Subsection 96.1(2) is amended by adding ", such as metal detectors, surveillance cameras or devices that scan or verify the identification provided by patrons," after "security equipment".

19(3)       The following is added after subsection 96.1(2):

Privacy

96.1(2.1)   When requiring a licensee to make changes to operations under subsection (2), the commission must have regard to privacy and it may require the licensee to take specified steps to protect the privacy of patrons and employees.

20          The following is added after section 96.2:

Emergency closure order

96.3        An inspector or constable may order that licensed premises be closed immediately and not reopen for a period not longer than 12 hours if the inspector or constable determines that there is an immediate threat to the safety of patrons for any reason, including overcrowding, widespread intoxication or the potential for violence in the premises or in the immediate vicinity of the premises.

21          Subsection 98(2) is amended by striking out "A licensee" and substituting "Except as otherwise authorized by the commission, a licensee".

22          The following is added after subsection 111(7):

Application

111(8)      For the purposes of subsections (2) to (7), the holder of a brew pub licence is not a brewer and those provisions do not apply to the holder, except as provided by a regulation made under subsection 78.1(8).

23          Section 112 is amended by adding "the holder of a brew pub licence," after "specialty wine store," wherever it occurs.

24          Clause 117(2)(b) is amended by adding "the holder of a brew pub licence" after "the commission,".

25          The following is added after subsection 121(4.1):

Prohibition on providing identification

121(4.2)    No person shall knowingly provide his or her identification to a person under 18 years of age with the intent of enabling that person to purchase liquor or to enter licensed premises.

26          Subsection 169(3) is replaced with the following:

Term

169(3)      Unless it is cancelled or suspended, a certificate issued under subsection (1) is effective for the period set out in the certificate, which must not be longer than three years.

27           Section 171 is amended

(a) by striking out "annual"; and

(b) by striking out "before March 1 in each year" and substituting "no later than one month before the certificate or licence expires".

Coming into force

28(1)        This Act, except sections 7, 10, 11, 12, 13, 18, 20, 22, 23 and 24, comes into force on the day it receives royal assent.

28(2)       Sections 7, 10, 12, 22, 23 and 24 come into force on November 1, 2011.

28(3)       Sections 11, 13, 18 and 20 come into force on July 1, 2011.