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The Liquor and Gaming Control Act

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
10 (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 or open liquor 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 and other vehicles for hire
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
(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"
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
(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
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
(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 AND CANNABIS SALES AND VIDEO LOTTERY GAMING
159 (1) Plebiscite on liquor sales
(2) Plebiscite on multiple questions
160 Plebiscite on video lottery gaming
160.1 Plebiscite on cannabis sales
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
(1.1) Exception for plebiscite on cannabis sales
(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
(4) Effect of plebiscite prohibiting sale of cannabis
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 LIQUOR AND CANNABIS SALES
171 (1) Sunday liquor sales
(2) Sunday cannabis sales
172 (1) By-law re Sunday liquor sales
(2) Wording of by-law
(3) No other restriction in by-law
(4) Notice to authority
172.1 (1) By-law re Sunday cannabis sales
(2) No other restriction in by-law
(3) Notice to authority
173 Compliance with Sunday liquor sale by-law
173.1 Compliance with Sunday cannabis sale 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
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
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