C.C.S.M. c. L153
The Liquor and Gaming Control Act
PART 1 | |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | "Act" includes regulations |
2 | Purposes of this Act |
PART 2 | |
LIQUOR AND GAMING AUTHORITY OF MANITOBA | |
3(1) | Liquor and Gaming Authority of Manitoba |
(2) | Corporate status |
(3) | Powers and capacity |
(4) | Corporations Act does not apply |
4(1) | Composition of the authority |
(2) | Term of appointment |
(3) | Member continues to hold office |
5(1) | Chair and vice-chair |
(2) | Duties of vice-chair |
6 | Remuneration of members |
RESPONSIBILITIES | |
7 | Authority to act in public interest |
8(1) | Duties — liquor |
(2) | Duties — gaming |
(3) | Social responsibility |
(4) | Authority may gather information |
(5) | General responsibilities |
9 | Agreements with other jurisdictions |
EXECUTIVE DIRECTOR | |
(1 | Executive director |
(2) | Responsibilities of the executive director |
(3) | Delegation |
(4) | Subdelegation |
EMPLOYEES | |
11(1) | Employees |
(2) | Civil Service Act does not apply to employees |
FINANCIAL AFFAIRS | |
12 | Annual budget |
13(1) | Funding |
(2) | MLLC to comply with directive |
14(1) | Borrowing by authority |
(2) | Advance out of Consolidated Fund |
15 | Banking and accounts |
16(1) | Fees and penalties |
(2) | Disposition of penalty amounts |
17 | Property |
18(1) | Investment of money |
(2) | Investment and interest to be paid to authority |
19 | Fiscal year |
20 | Audit |
ANNUAL REPORT | |
21(1) | Annual report |
(2) | Content of report |
22 | Tabling report in Assembly |
PART 3 | |
LIQUOR | |
DIVISION 1 | |
INTERPRETATION | |
23 | Definitions |
DIVISION 2 | |
LICENSED PREMISES | |
LIQUOR SERVICE LICENCES | |
24(1) | Liquor service licences |
(2) | Age-restricted liquor service licences |
(3) | Licence category reserved for hotels |
(4) | Restrictions respecting licence category |
25(1) | Brew pub endorsement |
(2) | Requirements |
OPERATION OF LICENSED PREMISES | |
26 | Liquor served in licensed premises |
27(1) | Duties of licensee |
(2) | Duty of licensee re conduct in licensed premises |
28 | No disorderly conduct in licensed premises |
29(1) | Request to leave licensed premises |
(2) | Compliance with request |
(3) | Ejection |
30(1) | No minors in age-restricted licensed premises |
(2) | Licensee to prohibit entry to minor in age-restricted licensed premises |
(3) | Licensee to prohibit consumption by minors |
(4) | Licensee to require production of identification |
31(1) | No weapons in licensed premises |
(2) | Duty of licensee re weapons |
(3) | Interpretation |
32(1) | Removing persons who create a risk of violence |
(2) | Considerations re risk of violence |
(3) | Duty to comply with direction to leave |
(4) | Removal |
(5) | Definitions |
33(1) | Emergency closure order |
(2) | Assistance |
34 | Notice of exclusive agreements |
DIVISION 3 | |
RETAIL SALE OF LIQUOR | |
35 | Retail liquor licences |
36(1) | Liquor store licence |
(2) | Authorized sales |
37(1) | Specialty wine store licence |
(2) | Authorized sales |
38(1) | Retail beer vendor licence |
(2) | Authorized sales |
(3) | Location of retail beer vendor |
39 | Liquor sold in retail premises |
40(1) | Separate licences required |
(2) | Temporary location |
41(1) | No consumption in retail premises |
(2) | Exception |
42 | Delivery of liquor purchased |
43 | Duties of retail liquor licence holders |
44 | Sacramental wine vendor licence |
DIVISION 4 | |
MANUFACTURING LIQUOR | |
45 | Manufacturer's licence |
46 | No consumption at licensed manufacturing premises |
47(1) | Retail endorsement |
(2) | Terms and conditions |
(3) | Duties of holder of retail endorsement |
48 | Homemade wine and beer |
DIVISION 5 | |
PERMITS | |
49(1) | Social occasion permits |
(2) | Application requirements |
(3) | Issuance of permit |
(4) | Municipality under local option |
(5) | Terms and conditions |
(6) | Liquor at social occasion |
(7) | Minors at social occasions |
(8) | Duties of permit holder |
(9) | Cancellation |
50(1) | Special sale permits |
(2) | Terms and conditions |
DIVISION 6 | |
RESPONSIBLE USE OF LIQUOR | |
51 | Definitions |
GENERAL PROHIBITIONS RE LIQUOR | |
52 | No unauthorized manufacture of liquor |
53(1) | No unauthorized sale of liquor |
(2) | No sale or provision of liquor for illegal resale |
54 | Unlawful purchase of liquor |
55 | Unlawful transportation of liquor |
56 | Unlawful possession of liquor |
57(1) | No consumption in public place |
(2) | Authorized places for consumption of liquor |
(3) | Liquor in washrooms |
58 | No providing liquor to intoxicated person |
59 | Duty to prevent intoxication and disturbances |
LIQUOR IN MOTOR VEHICLES AND BOATS | |
60(1) | Transporting liquor in motor vehicles |
(2) | Exceptions |
(3) | Liquor in taxis |
61(1) | Transporting liquor in boats |
(2) | Exceptions |
MINORS | |
62(1) | No providing liquor to minors |
(2) | Exception |
63 | No possession or consumption by minors |
64(1) | False identification |
(2) | No providing identification to other persons |
DIVISION 7 | |
SOCIAL RESPONSIBILITY | |
65(1) | Public service notices |
(2) | Duty to post notice |
66(1) | Training at licensed premises |
(2) | Training at retail premises |
67(1) | Investigating and mediating complaints |
(2) | Information from municipality |
(3) | Municipality may participate in mediation |
68 | Reporting to executive director |
DIVISION 8 | |
MISCELLANEOUS PROVISIONS RE LIQUOR | |
69(1) | Prohibited place order |
(2) | Effect of order |
(3) | When prohibited place order may be made |
(4) | Notice |
(5) | Hearing by executive director |
(6) | Service of orders |
(7) | Court order re prohibited place |
(8) | Revocation of order |
70(1) | Gifts and sampling |
(2) | Restriction on gifts to licensees |
(3) | No acceptance of prohibited gifts |
71 | Importing liquor |
72 | No application to health care professionals |
73 | Marketing representatives |
74 | Designation under Importation of Intoxicating Liquors Act |
75(1) | Non-potable intoxicating substances |
(2) | Description |
(3) | Regulations re sale of non-potable intoxicating substance |
(4) | Restrictions re use of non-potable intoxicating substances |
(5) | Prohibition on sale of non-potable intoxicating substance as beverage |
76(1) | Designating substance as liquor |
(2) | Regulations as to sale or use |
PART 4 | |
GAMING | |
DIVISION 1 | |
INTRODUCTORY PROVISIONS | |
77(1) | Definitions |
(2) | Interpretation |
78(1) | Application — MLLC |
(2) | Application — WCLC |
(3) | Application — local gaming authority |
DIVISION 2 | |
LOTTERY SCHEMES | |
LICENCES | |
79 | Types of gaming licences |
80(1) | Gaming licence required |
(2) | Employee licence required |
(3) | Gaming service provider licence required |
(4) | Electronic gaming devices required to be licensed |
OBLIGATIONS RE CONDUCT, MANAGEMENT AND OPERATION OF LOTTERY SCHEMES | |
81(1) | MLLC employees |
(2) | MLLC — individual gaming service providers |
(3) | MLLC — siteholders |
(4) | MLLC — lottery ticket retailers |
(5) | MLLC acting with others |
(6) | MLLC — gaming supplies and services |
82 | WCLC — lottery ticket retailers |
83(1) | Gaming operator's employees |
(2) | Gaming operator — individual gaming service providers |
(3) | Gaming operator — gaming supplies and services |
84(1) | Operations of local gaming authority |
(2) | Local gaming authorities — gaming supplies and services |
85 | Duties of gaming event licence holders |
86 | If employee's licence suspended |
87(1) | Gaming integrity of lottery schemes |
(2) | Certain lottery schemes excluded |
DIVISION 3 | |
RECORDS AND REPORTING | |
88 | Definition: "gaming provider" |
89(1) | Records to be maintained by gaming providers |
(2) | Records must be adequate |
(3) | Executive director may order records to be kept |
(4) | Gaming provider to comply |
90 | Gaming providers to report |
91(1) | Financial reporting on request |
(2) | Form of financial statement and information |
(3) | Executive director may require audit |
(4) | Additional statements to be submitted with audit |
(5) | Access to records |
(6) | Costs |
(7) | Limitation — holder of gaming event licence |
92 | Application — siteholder on First Nation reserve |
ANNUAL REPORTING | |
93(1) | Annual reporting by local gaming authorities |
(2) | Annual report of siteholder |
IMMEDIATE REPORTING | |
94(1) | Information that is material |
(2) | Information that must be reported immediately |
DIVISION 4 | |
RESPONSIBLE GAMING | |
RESPONSIBLE GAMING POLICY | |
95(1) | Responsible gaming policy |
(2) | Content of policy |
(3) | Ensuring responsible participation |
(4) | Regulations |
RESOLVING GAMING DISPUTES | |
(1 | Definition: "affected party" |
(2) | Patron may request investigation |
(3) | Actions of executive director |
(4) | Procedure |
(5) | If dispute settled |
(6) | Orders in other circumstances |
(7) | Order to be served |
(8) | Executive director not disqualified after mediation |
(9) | Application |
PROHIBITIONS | |
97 | Meaning of "participate" |
98(1) | Minors prohibited from provincial gaming |
(2) | Minors not permitted to participate in provincial gaming |
99 | Requirement to check identification |
100(1) | Request that minor leave premises |
(2) | Ejection |
101 | Prohibition — unauthorized lottery schemes |
PART 5 | |
LICENSING AND APPROVALS | |
INTERPRETATION | |
102(1) | Definition: "applicant" |
(2) | Determining principals of an applicant |
LICENCE APPLICATION PROCESS | |
103(1) | Application for licence |
(2) | Required information |
(3) | Rejection due to incomplete or inaccurate application |
104(1) | Background investigations |
(2) | Scope of background checks |
(3) | Inspecting premises |
(4) | Costs of background investigations |
105(1) | Public notice of certain liquor licence applications |
(2) | Exception |
(3) | Manner of giving public notice |
(4) | Form and content of public notice |
(5) | Objections to licence |
(6) | Dealing with objections |
DECISIONS ON LICENCE APPLICATIONS | |
106(1) | When licence may be issued |
(2) | Additional requirements — liquor service and retail beer vendor licences |
(3) | Compliance with municipal requirements — liquor service and retail beer vendor licences |
(4) | Additional requirements — gaming licences |
(5) | Notice of refusal |
107(1) | Terms and conditions on licence |
(2) | Restriction re siteholder terms and conditions |
(3) | Compliance with terms and conditions |
(4) | Notice of right of appeal |
GENERAL PROVISIONS RE LICENCES | |
108(1) | Licence fees |
(2) | Exception |
109 | Term |
110(1) | Licence not transferrable or assignable |
(2) | Licence invalid if change in control |
111(1) | Renewal |
(2) | Application |
OBJECTIONS TO APPLICATIONS FOR LIQUOR SERVICE AND RETAIL BEER VENDOR LICENCES | |
112(1) | Public objections to certain liquor licences |
(2) | Actions by executive director |
(3) | Decision |
(4) | Decision to be given to applicant and objector |
(5) | When licence may be issued |
APPROVING THE INTEGRITY OF LOTTERY SCHEMES | |
113 | Definition: "approval" |
114(1) | Application re gaming integrity |
(2) | Who may apply |
(3) | Required information |
(4) | Investigation |
(5) | Scope of investigation |
(6) | Costs of investigation |
115(1) | Refusal to approve integrity |
(2) | Notice of refusal |
116(1) | Issuing gaming integrity approval |
(2) | Duration of approval |
(3) | Terms and conditions |
(4) | Compliance |
(5) | Order to correct deficiency |
(6) | Notice of right of appeal |
117 | Regulations restricting terms and conditions |
PART 6 | |
COMPLIANCE | |
DIVISION 1 | |
DEFINITIONS | |
118 | Definitions |
DIVISION 2 | |
INSPECTORS AND INSPECTIONS | |
INSPECTORS | |
119 | Inspectors |
120(1) | Inspectors with restricted enforcement powers |
(2) | Appointment requirements |
(3) | Authorization |
121 | Identification |
122 | No obstruction of inspector |
INSPECTIONS | |
123(1) | Inspections |
(2) | Assistance |
(3) | Warrant to enter a dwelling |
(4) | Warrant to conduct inspection |
(5) | Application without notice |
124(1) | Assistance to be given |
(2) | Samples and testing |
(3) | Production of identification |
(4) | Electronic records |
(5) | Inspector may make copies |
(6) | Inspector may remove records to make copies |
SEARCH, SEIZURE AND ARREST | |
125(1) | Warrant for search and seizure |
(2) | Application without notice |
(3) | Telewarrant |
(4) | Search and seizure without warrant |
126 | Seizure of liquor in unlawful places |
127 | Arrest without warrant |
DIVISION 3 | |
COMPLIANCE ORDERS | |
128(1) | Compliance orders |
(2) | Actions under compliance order |
(3) | Additional actions — siteholders and lottery ticket retailers |
(4) | Additional actions — First Nation gaming |
(5) | Form of compliance order |
(6) | Duty to comply |
129(1) | Compliance order with immediate effect |
(2) | Application |
130(1) | Varying orders |
(2) | When compliance order final |
131 | Administrative penalty |
132 | Service of orders |
133 | No offence to be charged if penalty paid |
134(1) | Enforcement of penalty |
(2) | Debt due to the authority |
(3) | Certificate registered in court |
PART 7 | |
APPEALS | |
135(1) | Decisions and orders that may be appealed |
(2) | Who can appeal |
(3) | How to appeal |
(4) | Extending the time limit |
(5) | Parties |
(6) | Stay pending appeal |
136(1) | Hearing within 60 days |
(2) | No hearing in certain cases |
137(1) | Panel to hear appeal |
(2) | Chair on panel |
(3) | Jurisdiction of panel |
138(1) | Conduct of hearing |
(2) | Evidence |
139(1) | Decision |
(2) | Reasons |
(3) | Decision given to the parties |
(4) | Decision final |
140(1) | Appeal to court |
(2) | Time limit |
(3) | Powers of court on appeal |
141 | Regulations |
PART 8 | |
EVIDENCE, OFFENCES AND PENALTIES | |
EVIDENCE, INFERENCES AND DEFENCES | |
142 | Definition: "proceeding" |
143 | Presumption re liquor in container |
144(1) | Certificate of analyst admissible |
(2) | Notice of certificate or report |
145 | Evidence: providing liquor |
146(1) | Evidence: advertising a lottery scheme |
(2) | Evidence: advertising gaming supplies or gaming services |
(3) | Meaning of "advertisement" |
147 | Defence re identification |
OFFENCES AND PENALTIES | |
148 | Offences |
149(1) | Penalties |
(2) | Liability of directors and officers |
150 | Forfeiture of seized items |
151 | When fine paid to municipality |
PART 9 | |
GENERAL PROVISIONS | |
152(1) | Service of documents |
(2) | Deemed receipt |
(3) | Actual notice is sufficient |
153 | Responsibility for actions of employees and others |
154 | Protection from liability |
155 | No cause of action |
156 | Not compellable in civil proceeding |
157(1) | Regulations made by Lieutenant Governor in Council |
(2) | Regulations made by board |
(3) | Scope and application of regulations |
(4) | Adopting codes and standards |
PART 10 | |
COMMUNITY INPUT | |
INTERPRETATION | |
158 | Definitions |
LOCAL OPTION ON LIQUOR SALES AND VIDEO LOTTERY GAMING | |
159(1) | Plebiscite on liquor sales |
(2) | Plebiscite on multiple questions |
160 | Plebiscite on video lottery gaming |
161(1) | Initiating plebiscite by resolution |
(2) | Wording to be approved by authority |
(3) | Time to make resolution |
162(1) | Initiating plebiscite by petition |
(2) | Petition wording |
(3) | Information about petitioners |
(4) | Witness to signature |
(5) | Number of petitioners required to initiate plebiscite |
(6) | Reasons for exclusion |
(7) | Time for filing of petition |
163(1) | Notice of petition |
(2) | Objection to petition |
(3) | Content of notice of objection |
(4) | CAO to determine sufficiency of petition |
(5) | Determination final |
164 | Notice of plebiscite |
165(1) | Plebiscite to be held on voting day |
(2) | Wording of plebiscite question |
(3) | Application of Municipal Councils and School Boards Elections Act |
166(1) | When plebiscite question is approved |
(2) | Notice of result |
167(1) | Effect of plebiscite approving prohibition on local sale of liquor |
(2) | Effect of plebiscite approving restriction on liquor sales |
(3) | Effect of plebiscite prohibiting video lottery gaming |
168 | No action re plebiscite |
169 | Application |
170(1) | Transitional — municipality under local option |
(2) | Transitional — age-restricted licences |
(3) | Transitional — other liquor licences |
(4) | Transitional — retail liquor sales |
(5) | Transitional — municipality subject to different rules |
(6) | Transitional — video lottery gaming |
(7) | Definition: "Liquor Control Act" |
SUNDAY OPENING | |
171 | Sunday opening |
172(1) | By-law re Sunday opening |
(2) | Wording of by-law |
(3) | No other restriction in by-law |
(4) | Notice to authority |
173 | Compliance with by-law |
PART 11 | |
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS | |
TRANSITIONAL PROVISIONS | |
174 | Definitions |
175(1) | Liquor service licences |
(2) | Terms and conditions |
(3) | Issuing liquor service licence |
(4) | Term of licences |
(5) | When new application required |
176(1) | Liquor store licences to MLLC |
(2) | Liquor store licence to liquor vendors |
(3) | Liquor store licence to operator of duty free liquor store |
(4) | Specialty wine store licences |
(5) | Retail beer vendor licences |
(6) | Sacramental wine vendor licences |
177(1) | Manufacturer's licences |
(2) | Retail endorsement |
178 | Requirement to provide information and authorizations to authority |
179 | Social occasion permits |
180 | Registration of marketing representatives |
181 | Registrations under Gaming Control Act |
182(1) | Registrations of VLTs and gaming devices |
(2) | Meaning of "gaming device" |
183 | Licences issued under Gaming Control Act |
184 | Technical integrity |
185 | Transition — siteholder becomes a gaming centre provider |
186 | Transition — terms and conditions continue |
187 | Transition — "licensing authority" |
188(1) | Transition — employees of Liquor Control Commission |
(2) | Information |
189 | Employees |
190(1) | Act applies to pending applications and proceedings |
(2) | Applications for licences |
(3) | Appeals from Licensing Board |
191(1) | Transitional regulations |
(2) | Scope of transitional regulations |
CONSEQUENTIAL AMENDMENTS | |
192 to 204 | |
PART 12 | |
REPEALS, CITATION AND COMING INTO FORCE | |
205 | Repeals |
206 | C.C.S.M. reference |
207 | Coming into force |