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C.C.S.M. c. L160
The Liquor Control Act
| Table of Contents | Schedule | Regulations |
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act
"beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops, and any other similar food products in water; (« bière »)
"club" means an association of individuals for purposes of mutual entertainment and convenience, and includes the premises occupied or used for any such purpose; (« club »)
"club member" means a person who, whether as a charter member or admitted in accordance with the by-laws or rules of a club, approved by the commission, has become a member thereof, who maintains membership by the payment of regular periodic dues in the manner provided by the rules or by-laws, and whose name and address is entered on the list of members supplied to the commission at the time of the application for a private club licence under this Act, or if admitted thereafter, forthwith after admission; (« membre d'un club »)
"commission" means The Liquor Control Commission; (« Société »)
"constable" includes every officer or constable of a municipal police force, every member of the Royal Canadian Mounted Police Force, every constable or inspector appointed under this Act, and every other police officer or constable; (« agent de police »)
"controlled beverage" means a potable beverage which contains more than .5% and not more than 1.0% alcohol by volume; (« boisson controlée »)
"holiday" means Good Friday and Christmas Day; (« jour férié »)
"hotel" means a place with three or more guest rooms, apartments or suites, where the public, for a consideration may obtain sleeping accommodation with or without meals, and includes premises commonly known as motor hotels, motels, inns, or lodges, or by a similar name, having rooms therein for the use of travellers; (« hôtel »)
"inspector" means an inspector appointed under this Act; (« inspecteur »)
"licence" means a licence of a class mentioned in subsection 60(1); (« licence »)
"licensed premises" means the premises in respect of which a licence has been issued; (« locaux visés par une licence »)
"licensed sale by-law" means a by-law providing for approval of the issue of licences to any one or more of the classes mentioned in clauses 60(1)(a), to (g); (« arrêté d'autorisation »)
"Licensing Board" means the Licensing Board continued under section 19; (« Commission des licences »)
"liquor" includes all fermented, spiritous and malt liquors, and all combinations of liquors and all drinks and drinkable liquids that contain more than 1% alcohol by volume and also any substance which by being dissolved or diluted is capable of being made a drinkable liquid that contains more than 1% alcohol by volume; (« boisson alcoolisée »)
"liquor store" means
(a) a liquor store established by the commission under this Act; or
(b) that part of the premises operated by a liquor vendor that is used by him for the sale of liquor as a liquor vendor; (« magasin d'alcools »)
"liquor vendor" means a person authorized to act as a liquor vendor under section 17; (« vendeur d'alcools »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"motor home" means a self-propelled vehicle that is constructed to be driven on a highway and is designed and used primarily as a place of residence; (« caravane automotrice »)
"package" means
(a) a bottle, vessel or receptacle containing liquor; or
(b) a container wholly or partly enclosing a bottle, vessel or receptacle used for holding liquor; (« emballage »)
"permit" means a permit issued under this Act; (« permis »)
"person" includes a partnership or club; (« personne »)
"population" means the number of inhabitants shown by any census taken under any Act of the Parliament of Canada, or of the Legislature or under any municipal by-law or otherwise as determined by the commission; (« population »)
"president and chief executive officer" means the person appointed as president and chief executive officer under subsection 7(1); (« président-directeur général »)
"public place" means any place, building or convenience to which the public has, or is permitted to have, access and any highway, street, lane, park, or place of public resort or amusement; (« lieu public »)
"residence" means,
(a) a building or part of a building that is bona fide and actually occupied and used by the owner, lessee, or tenant, solely as a private dwelling or as a private guest room in a hotel, lodging house, or boarding house or in a club;
(b) a house trailer or tent that is bona fide and actually occupied and used by the owner, lessee, or tenant solely as a private dwelling;
(c) a motor home, while parked at a place other than a highway that is bona fide and actually occupied and used by the owner, lessee or tenant thereof, solely as a private dwelling; or
(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;
together with the lands appurtenant thereto, if any, that are essential or appropriate for the convenient use, occupation, and enjoyment thereof as a private dwelling; (« résidence »)
"social occasion" means a social gathering at which food, suitable to the occasion and of such quantity and kind as is required by the commission, is served; (« réception »)
"specialty wine store" means a store established under subsection 17.1(1); (« magasin de vins de spécialité »)
"spirits" means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution; (« spiritueux »)
"unorganized territory" means any part of the province that is not in a municipality, and includes the area of a disorganized municipality; (« territoire non organisé »)
"vehicle" means any means of transportation by land, by water, or by air and includes any motor car, automobile, truck, vessel, boat, launch, canoe or any other thing made use of in any way whatsoever for such transportation; (« véhicule »)
"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 »)
"wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or of other agricultural products containing sugar, including honey and milk. (« vin »)
S.M. 1991-92, c. 27, s. 2; S.M. 1993, c. 40, s. 2; S.M. 1995, c. 28, s. 2; S.M. 1996, c. 54, s. 9; S.M. 2005, c. 9, s. 2; S.M. 2005, c. 27, s. 156; S.M. 2008, c. 20, s. 2.
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 minister responsible for the administration of The Northern Affairs Act, in respect of all of Northern Manitoba other than an incorporated community. (« 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.
S.M. 1995, c. 28, s. 3; S.M. 2000, c. 35, s. 56; S.M. 2006, c. 34, s. 261.
1.2 Repealed.
S.M. 1995, c. 28, s. 3; S.M. 1996, c. 54, s. 9.
PART I
THE COMMISSION
2 The Liquor Control Commission, consisting of not less than five members, with the powers and duties herein specified is continued as a body corporate and is charged with the administration of this Act including the general control, management and supervision of all liquor stores.
3(1) The members of the commission shall be appointed by the Lieutenant Governor in Council, who shall also designate one of the members to be the chairperson and another the vice-chairperson of the commission.
3(2) Where the office of the chairperson of the commission is vacant or the chairperson is absent or unable to act for any cause, the vice-chairperson of the commission shall act as chairperson of the commission and has all the duties, functions, powers and authority of the chairperson.
3(3) The members of the commission shall devote such portion of their time to their duties hereunder as may be directed by the Lieutenant Governor in Council.
S.M. 1991-92, c. 27, s. 3.
4(1) Any vacancies occurring in the commission shall be filled by the Lieutenant Governor in Council; but no vacancy in the commission impairs the right of the remaining member or members to act until the vacancy is filled.
4(2) Where any member of the commission is absent from the province or, in the opinion of the Lieutenant Governor in Council is, by reason of illness or any other cause, incapable of performing his duties, the Lieutenant Governor in Council may, by order in council, appoint a person to act in the place and stead of the absent or incapacitated member during such period as may be fixed in the order, and may extend that period as may be required; and, during the period for which he is so appointed, the person appointed may discharge the duties, and has all the rights and powers, of a member of the commission.
4(3) The chairperson shall devote such time as is required for the due and proper performance of the duties of the commission, and shall ensure that the commission administers and enforces this Act and the regulations and performs any duty assigned to it under any other Act.
S.M. 1991-92, c. 27, s. 4.
Duration of office and salaries
5 Each member of the commission shall hold office during the pleasure of the Lieutenant Governor in Council; and the salaries of the members of the commission shall be fixed by the Lieutenant Governor in Council.
6 Three members of the commission constitute a quorum, unless the Lieutenant Governor in Council otherwise specifies.
Appointment of president and c.e.o.
7(1) The Lieutenant Governor in Council shall appoint a suitable person to be president and chief executive officer of the commission.
Duties of president and c.e.o.
7(2) The president and chief executive officer shall devote full time and attention to the business and affairs of the commission, including the supervision of its officers and employees appointed under subsection (3).
President and c.e.o. to appoint employees
7(3) The president and chief executive officer shall appoint the employees required for the operation or carrying out of this Act, other than the officers appointed under clause 8(1)(h).
Powers of the president and c.e.o.
7(4) The president and chief executive officer may exercise the powers of the commission under
(a) clauses 8(1)(a), (b), (d), (l), (m), (n), (q), (u), (w), (x) and (bb);
(a.1) clause 8(1)(dd) (power to close licensed premises if in public interest); and
(b) clause 8(1)(g), other than in respect of premises.
S.M. 1988-89, c. 23, s. 35; S.M. 1991-92, c. 27, s. 5; S.M. 2008, c. 20, s. 3.
8(1) The commission has the following powers:
(a) To buy, import and sell liquor.
(b) To control the possession, sale, transportation and delivery of liquor in accordance with this Act.
(c) Subject to section 16 and to Part VII, to determine the places in the province in which liquor stores shall be established throughout the province, and the situation of the store or stores in any such place.
(d) To issue, refuse, cancel, or suspend permits for the purchase, sale or use of liquor, and to impose monetary penalties on permittees.
(e) To issue, refuse, cancel, or suspend licences to sell liquor, and to impose monetary penalties on licensees.
(f) To lease any building or land required for the operation of this Act.
(g) To buy or lease any premises, furnishings and equipment it considers necessary and useful in carrying into effect the objects and purposes of this Act.
(h) In consultation with the president and chief executive officer, to appoint the officers, other than the president and chief executive officer, required for the administration and enforcement of this Act;
(i) To engage the services of experts and persons engaged in the practice of a profession, if deemed expedient.
(j) To determine the nature, form, and capacity of all packages in which liquor is kept or sold under this Act, and the manner in which they shall be marked, labelled, closed, fastened, or sealed.
(k) To make provision for the creation and maintenance of warehouses for liquor, and to control the keeping in, and delivery to or from, any such warehouses.
(l) To prescribe the equipment and management of liquor stores and warehouses in which liquor is kept or sold, and to prescribe the books and records to be kept therein.
(m) To control the purchase of liquor and the furnishing of liquor to liquor stores established under this Act.
(n) To determine the classes, varieties, and brands of liquor to be kept for sale at any liquor store.
(o) To regulate the possession and consumption of homemade wine and beer lawfully manufactured.
(p) To control the conduct, management, and equipment of any premises upon which liquor may be sold under this Act.
(q) To specify and describe the place and manner in which liquor may be lawfully kept or stored, and to supervise the distribution of supplies.
(r) Subject to this Act, to specify, regulate, and supervise, the hours and days when, and the manner, methods, and means by which, liquor shall be delivered under this Act, and the days and hours when, and the manner, method, and means by which, liquor under this Act may be lawfully conveyed or carried; and subject as aforesaid, to fix the charges for delivery of liquor.
(s) To prescribe, where not provided by this Act, the kinds and quantities of liquor that may be purchased by any person, including the quantity that may be purchased at any one time or within any specified period of time, and the alcoholic content of any such liquor.
(t) Repealed, S.M. 1993, c. 40, s. 3.
(u) To prescribe the form of records of purchase of liquor by the holders of licences or permits of any class, and the reports to be made thereon to the commission, and to provide for inspection of the records so kept.
(v) To prescribe forms to be used for the purposes of this Act or of the regulations and the terms and conditions in permits and licences issued under this Act.
(w) To prescribe the nature of the proof to be furnished, and the conditions to be observed in the issuing of duplicate permits in lieu of those lost or destroyed.
(x) To prescribe the books of account to be kept by the commission showing the expenditures of the commission in the administration of this Act and in the purchase, sale, and delivery of liquor hereunder, and the receipts of the commission from the sale of liquor in any liquor store or from the issue of licences and the issue of permits and the collection of fees.
(y) To prescribe, subject to this Act, and where not otherwise provided in this Act, the conditions, qualifications and procedure necessary for the obtaining of licences and the books and records to be kept and the returns to be made by the licensees and the number of licensed premises of any class of licence in any municipality; to provide for the inspection and supervision of licensed premises; and to regulate and control the conditions under which liquor is to be sold or consumed in such premises.
(y.1) To establish rules of procedure respecting an appeal under section 21;
(z) To fix the various prices at which liquor of all kinds may be sold by the commission or by any person under this Act, and to provide for the issuing and distributing of price lists showing the prices to be paid for each class, variety, or brand, of liquor kept for sale under this Act.
(aa) To prescribe an official seal and official labels, and to determine the manner in which the seal or label shall be attached to every package of liquor sold or sealed under this Act, including the prescribing of different official seals or different official labels for different classes, varieties and brands of liquor.
(bb) To provide for the collection and return to licensees or to the commission of empty containers and to prescribe the price to be allowed for empty containers.
(cc) To prescribe, subject to this Act, the days and hours at which liquor stores or any of them shall be kept open for the sale or delivery of liquor.
(dd) Where it deems it necessary in the public interest, to close any licensed premises or prohibit the sale of liquor on or from any licensed premises for any period or on certain days or during certain hours on one or more days.
(ee) Subject to approval by the Lieutenant Governor in Council, to fix the fee for any licence or permit the amount of which is not stated herein, and to fix the fee for anything done, or permitted to be done, under this Act or the regulations for which no fee is otherwise provided herein.
(ff) To inquire into, and investigate, the sale of any product containing alcohol and that is capable of being consumed in liquid or solid form by any person, either dissolved or undissolved or diluted or undiluted; and for that purpose to hold hearings and to make reports as to what, if any, measures should be taken to prohibit or control the sale of any such product.
(gg) To inquire into any matter that relates to, or arises under, the operation of this Act including, without restricting the generality of the foregoing, the operations of brewers, distillers, and other persons holding licences under this Act, and the prices charged, and the gross and net profits made, by them, and the cost to them of carrying on their operations.
(hh) Without in any way limiting, or being limited by the foregoing, to do all such things as are deemed necessary or advisable by the commission for the purpose of carrying into effect this Act, or the regulations.
8(2) When exercising the powers mentioned in clauses (1)(ff) or (gg) the commissioners have the powers of commissioners appointed under Part V of The Manitoba Evidence Act.
8(3) Repealed, S.M. 1991-92, c. 27, s. 6.
Agreements between the commission and Canada
8(4) The commission may enter into an agreement with the Government of Canada as represented by the Minister of National Revenue in relation to liquor referred to in the agreement (referred to in this subsection as "liquor") that is brought into Manitoba from any place outside Canada,
(a) appointing officers, as defined in subsection 2(1) of the Customs Act (Canada), employed at customs offices located in Manitoba, as agents of the commission for the purposes of
(i) accepting, on behalf of the commission, liquor brought into Manitoba,
(ii) collecting, on behalf of the commission, the provincial fee from an individual bringing that liquor into Manitoba from a place outside Canada (referred to in this subsection as a "casual importer"),
(iii) selling and releasing, on behalf of the commission, to the casual importer, on payment of the provincial fee, the liquor in relation to which the provincial fee is paid, and
(iv) detaining the liquor on behalf of the commission and releasing it to the commission where the provincial fee is not paid by the casual importer;
(b) authorizing, in such circumstances and on such conditions as may be specified in the agreement, the payment, on behalf of the commission, to the casual importer, of a refund of all or any part of the provincial fee collected in accordance with subclause (a)(ii) and the agreement;
(c) requiring, in such manner and at such time as may be specified in the agreement, the remittance to the commission of the provincial fee collected in accordance with subclause (a)(ii) and the agreement;
(d) respecting forms to be used in relation to liquor brought into Manitoba; and
(e) respecting any other matter in relation to liquor brought into Manitoba.
8(5) An agreement entered into between the commission and the Government of Canada before the coming into force of this section with respect to the matters described in subsection (4) is hereby validated and shall be deemed to have been made under this section.
S.M. 1991-92, c. 27, s. 6; S.M. 1992, c. 52, s. 33; S.M. 1993, c. 40, s. 3; S.M. 2008, c. 20, s. 4.
REGULATIONS
9(1) The commission may make such regulations, not inconsistent with this Act, as to the commission seems necessary, for carrying out this Act, and for the efficient administration thereof.
9(2) Where it is provided in this Act that any act, matter, or thing may be done, if permitted or authorized by the regulations, or may be done in accordance with the regulations, or as provided by the regulations, the commission may make regulations respecting the act, matter, or thing; and where it is provided in this Act that any act, matter, or thing may be done with the approval or consent, or by order, or under the direction or supervision, of or as prescribed by, the commission, the commission may give the approval or consent, make the order or direction, or prescribe, or require the supervision, and may make regulations accordingly.
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 products that may be sold in a specialty wine store,
(iii) the sale by liquor stores of products 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 sales 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.
10(2) A regulation made under clause (1)(a) or subclause (1)(b)(ii), (iii) or (iv) may be made applicable generally or to a specific specialty wine store or class of specialty wine stores.
S.M. 1988-89, c. 27, s. 2; S.M. 1993, c. 40, s. 4; S.M. 2005, c. 9, s. 3.
Regulations respecting importation
10.1 Subject to the approval of the Lieutenant Governor in Council, the commission may make regulations
(a) for the purposes of an agreement under subsection 8(4), prescribing the provincial fee or prescribing a formula for establishing the provincial fee payable by individuals bringing liquor or any class of liquor referred to in an agreement made under subsection 8(4) into Manitoba from any place outside Canada;
(b) respecting any other matter the commission considers necessary or advisable to carry out the intent and purpose of an agreement entered into under subsection 8(4).
Declaration of substance as liquor
11(1) The commission may, by regulation, declare to be liquor
(a) any liquid that is capable of being consumed by any person and that is intoxicating; and
(b) any substance that, by being dissolved or diluted or mixed with any other substance, is capable of being made suitable for use as a beverage and that is intoxicating.
11(2) The commission may, by regulation, prescribe the conditions under which any such substance is to be sold or used when in a solid, semi-solid, or syrup state; and may, by regulations, prohibit such sale or use.
Non-potable intoxicating substance
11(3) The commission may, by regulations, designate as a non-potable intoxicating substance any liquid or other substance
(a) that contains more than 1% alcohol by volume; or
(b) that the commission deems to be intoxicating;
and that is not designed or intended by the maker or producer thereof to be used as a beverage.
Regulations re sale of non-potable intoxicating substances
11(3.1) The commission may make regulations regulating or prohibiting the sale, offer for sale or display for sale of any substance designated as a non-potable intoxicating substance under subsection (3).
11(4) In making a designation under subsection (3), the commission may describe any liquid or other substance
(a) in general terms; or
(b) by its ordinary or its scientific name; or
(c) by the trade name or other descriptive name given to it by the maker or producer thereof.
Determination of intention of maker
11(5) In determining, under subsection (3), the design or intention of the maker of any liquid or other substance respecting the use thereof, the commission may accept as conclusive evidence the statements, information, or wording appearing
(a) on the labels attached to the bottles, packages, tins, or other containers, in which it is sold, displayed, or delivered; or
(b) in any printed or written descriptive matter displayed with it, or accompanying it, when sold or offered for sale; or
(c) in any advertising matter respecting the substance published or distributed by the maker or a seller thereof.
Rules of conduct for licensees
12 The commission may, by regulations, adopt and promulgate rules of conduct to be observed by persons to whom have been issued licences of any one or more of the classes set out in subsection 60(1); and on the publication of the rules as required by The Regulations Act, every person affected thereby shall comply therewith.
Regulations come into force on publication
13 Notwithstanding The Regulations Act, a regulation made under this Act comes into force on the day it is published in The Manitoba Gazette.
S.M. 1991-92, c. 27, s. 7.
14 The commission may, with the approval of the Lieutenant Governor in Council, purchase any land or purchase or construct any building required for the operation of this Act and, with the same approval, may sell or lease any land or building so purchased; and any building so purchased may be remodelled, furnished, and equipped by the government or by the commission as the Lieutenant Governor in Council determines.
15(1) Repealed, S.M. 1989-90, c. 24, s. 86.
15(2) The commission, as an operating expense, shall make annually to any municipality in which lands or personal property of the commission are situated, or in which the commission carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.
S.M. 1989-90, c. 24, s. 86.
Establishment of liquor stores
16(1) Subject to subsection (2) and Part VII, the commission shall establish, maintain, and operate, at such places throughout the province as are considered advisable, stores for the sale of liquor in accordance with this Act.
Liquor stores in unorganized territory
16(2) The commission shall not establish a liquor store in any part of unorganized territory unless the Lieutenant Governor in Council, on receipt of a recommendation of the commission that the liquor store be established, has approved the establishment thereof.
16(3) Where, immediately before July 16, 1956, a municipality was under local option within the meaning of the former Act, no liquor store shall be established therein unless
(a) the by-law by virtue of which the municipality came under local option is repealed as provided in Part VII of this Act; or
(b) the council thereof passes, under Part VII,
(i) a licensed sale by-law; or
(ii) a by-law approving the establishment of liquor stores in the municipality.
17(1) Where the commission deems that any part of unorganized territory or any rural area is at such a distance from an existing liquor store that it is desirable that, for the convenience of the inhabitants thereof, a place for the sale of liquor be established therein, if the commission considers that it is not economically advisable to establish therein a liquor store under section 16, it may, subject to Part VII, authorize a responsible person carrying on or about to commence carrying on business therein, to act as a liquor vendor.
17(2) A liquor vendor may, subject to such terms and conditions as the commission may prescribe and to this Act, buy liquor from the commission and sell the liquor to members of the public and licensees.
17(3) The commission may, at any time and in its absolute discretion, revoke the appointment of a liquor vendor and require him to return to the commission, or to such place as it may prescribe, all liquor held by him as a liquor vendor.
17(4) All provisions of this Act relating to liquor stores established under section 16 apply, with such modifications as the circumstances require, to a liquor vendor and to that part of the premises operated by him that is used by him for the sale of liquor.
17(5) Except when otherwise authorized by the commission, all liquor purchased from a liquor vendor shall be delivered to the purchaser on the premises and shall be carried by the purchaser to a place where it may lawfully be consumed.
17(6) The commission may establish a duty free liquor store, or appoint a person as agent with authority to operate a duty free liquor store, subject to such terms and conditions as the commission may prescribe, at the Winnipeg International Airport for the purpose of selling liquor to persons who are leaving Manitoba by air and at any crossing point on the border between Manitoba and the United States of America for the purpose of selling liquor to persons who are leaving Manitoba by any mode of ground transportation for consumption outside Canada and who are eligible to purchase liquor under this Act; and
(a) notwithstanding subsection 51(1) a particular variety of liquor sold at such a duty free liquor store may vary from the price at which that variety of liquor is sold at other liquor stores; and
(b) notwithstanding sections 54 and 55, liquor may be sold and delivered from such a duty free liquor store at such times as the commission may prescribe.
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 to sell wine and, if authorized by the regulations, grape-based specialty spirits and grape-based specialty liqueurs.
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.
17.1(3) The price of a product 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 product 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.
S.M. 1993, c. 40, s. 5; S.M. 2005, c. 9, s. 5.
18(1) Subject to subsection (2), neither this Act nor any other Act or law compels the commission to sell or deliver liquor to any person.
Duty of commission re import and supply
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 product that the operator is authorized to sell; and
(b) in a timely manner supply the imported product to that operator.
S.M. 1993, c. 40, s. 6; S.M. 2005, c. 9, s. 6.
LICENSING BOARD
19(1) The Licensing Board composed of five persons appointed by the Lieutenant Governor in Council, not less than four of whom are persons who are not members of the commission, is continued.
19(2) The Lieutenant Governor in Council shall designate one of the members of the Licensing Board as chairperson.
19(3) Three members of The Licensing Board constitute a quorum.
19(4) In the absence of the chairperson of the Licensing Board, or in the case of his incapacity to act, the Licensing Board shall elect one of the members to act as chairperson at meetings of the board, and while so acting that person has all the powers and duties of the chairperson of the Licensing Board.
19(5) The Licensing Board may be called together at any time by the chairperson of the board, in which case he or she shall arrange the time and place of meeting; and the Licensing Board may meet at any time on its own motion.
19(6) All meetings of the Licensing Board to hear representations are open to the public.
S.M. 1991-92, c. 27, s. 8 and 12.
Board to determine applications for section 60 licence
20(1) The Licensing Board shall consider and determine any application for a licence under clauses 60(1)(a) to (j), and in granting a licence may make it subject to such terms and conditions as it considers necessary or advisable.
20(2) In considering matters brought before it, the Licensing Board has the same power and authority to summon and examine witnesses, take evidence and make inquiries as a commissioner for public inquiries appointed under The Manitoba Evidence Act.
20(3) and (4) Repealed, S.M. 1991-92, c. 27, s. 9.
S.M. 1991-92, c. 27, s. 9; S.M. 2002, c. 47, s. 13.
20.1(1) The Licensing Board may designate a panel of not less than three members for the purpose of considering an application under section 20, and any such panel has the powers and duties of the board.
20.1(2) Where the Licensing Board designates a panel, the Licensing Board shall appoint one of the members of the panel as its presiding officer.
20.1(3) A quorum of a panel is three members.
S.M. 1991-92, c. 27, s. 10.
21(1) An applicant for a licence may appeal the decision of the Licensing Board under section 20 to the commission in accordance with the procedure prescribed by regulation.
21(2) Repealed, S.M. 1991-92, c. 27, s. 11.
21(3) An appeal under this section shall be heard in public session, and the appellant may appear at the hearing of the appeal either alone or with counsel and be heard and may call witnesses and submit other evidence thereat.
22(1) Renumbered as subsection 19(5).
22(2) Renumbered as subsection 19(6).
LICENCES AND PERMITS
Commission not compelled to issue
23(1) Where by this Act a licence or permit may be issued, the commission may issue the licence or permit; but nothing in this Act compels the commission to issue any licence or permit.
23(2) Every member of the commission, and every official authorized by the commission to issue permits or licences under this Act, may administer any oath, and take and receive any evidence or declaration, required under this Act or the regulations.
Licences and permits under Act
24 A licence does not authorize the sale of liquor, nor does a permit authorize the purchase, sale or use of liquor, unless the purchase, sale or use is in accordance with this Act and the regulations and unless the licence or permit is in force.
25(1) The Licensing Board, in its discretion, may hold a hearing where it is alleged that a licensee or permittee has
(a) breached this Act or the regulations;
(b) breached a condition of a licence or permit; or
(c) breached an order of the Licensing Board or the commission.
25(1.1) The Licensing Board shall provide the licensee or permittee with reasonable notice of the hearing.
25(1.2) At a hearing, the Licensing Board shall hear the licensee or permittee and any person who attends the hearing to testify on behalf of the licensee or permittee.
Public representation at hearing
25(1.3) If a hearing is held because it is alleged that a licensee no longer meets the requirements of clause 64(1)(c.1), the Licensing Board shall give reasonable notice to the public and provide an opportunity for members of the public to be heard.
25(1.4) After a hearing, the Licensing Board may do one or more of the following:
(a) suspend or cancel a licence or permit;
(b) impose terms or conditions on a licence or permit;
(c) impose a monetary penalty of not more than $20,000 on the licensee or permittee.
25(2) Every suspension of a permit or licence by The Licensing Board shall be for an indefinite period of time, unless the order of suspension otherwise provides; and an indeterminate suspension may be terminated only by a further order of The Licensing Board.
Suspension or cancellation for failure to pay penalty
25(2.1) When the Licensing Board imposes a monetary penalty on a licensee or permittee, it may suspend or cancel the licence or permit if the licensee or permittee fails to pay the penalty by a deadline specified in the notice of decision given under subsection (3).
25(3) Notice of the cancellation or suspension of a licence or permit, the imposition of a term or condition on a licence or permit, or the imposition of a monetary penalty by The Licensing Board shall be given by The Licensing Board in the manner, and shall be effective at the time, provided in section 34, with such modifications as the circumstances require.
Disposal of liquor in possession
25(4) On receipt of a notice of the suspension or cancellation of his licence or permit, the holder of the licence (other than a manufacturer's licence) or permit, whether the suspension or cancellation is by the Licensing Board or a justice, shall, if so required in the notice, forthwith deliver to the commission all liquor then in his possession or under his control, to be purchased by the commission in its discretion at a price to be fixed by it, if lawfully in the possession of the licensee or permittee, otherwise to be forfeited to Her Majesty in right of the province to be destroyed or otherwise disposed of under the direction of the minister.
25(5) Where a licence or permit is cancelled or suspended, the commission shall notify all its officials concerned and such other persons as it may deem advisable or as it may be required by the regulations to notify, of the cancellation or suspension; and where a licence or permit is cancelled no further licence or permit shall be issued to the person whose licence or permit, as the case may be, is cancelled or in respect of the premises mentioned therein, except as provided in this Act.
25(6) A licensee or permittee who disagrees with a decision of the Licensing Board, including the imposition of a penalty under subsection (1.4), may appeal that decision by giving written notice to the commission within 14 days after the decision of the Licensing Board is made.
25(7) An appeal hearing by the commission is open to the public.
Powers of commission on appeal
25(8) After holding a hearing, the commission may
(a) make any decision that in its opinion ought to have been made by the Licensing Board; or
(b) quash, vary or confirm the decision under appeal.
S.M. 2001, c. 20, s. 2; S.M. 2008, c. 20, s. 6.
PROPERTY, FINANCING, ACCOUNTING
26(1) All moneys received from the sale of liquor at liquor stores, or from licence and permit fees, or otherwise arising in the administration of this Act, shall be paid to the commission.
Monetary penalties paid into Consolidated Fund
26(2) All revenue from monetary penalties imposed by the Licensing Board or the commission must be given to the Minister of Finance to be paid into the Consolidated Fund.
Property to belong to government
27 All property, whether real or personal, all moneys acquired, administered, possessed, or received by the commission and all profits earned in the administration of this Act, are the property of the Government of Manitoba; and all expenses, debts, and liabilities, incurred by the commission in connection with the administration of this Act shall be paid by the commission from the moneys received by the commission under that administration.
28(1) To provide adequate working capital for the commission and to meet all other expenditures for the purposes of this Act, the government, on the authority of an order by the Lieutenant Governor in Council, may
(a) borrow money and make arrangements with any bank for loans or money overdrafts; or
(b) in each year make loans to the commission by way of advances from the Consolidated Fund, not exceeding such amount as may be fixed in respect of that year by order of the Lieutenant Governor in Council.
Issue of securities for moneys borrowed
28(2) The government may, as security for any moneys borrowed or overdrafts, issue treasury bills or notes bearing interest; and every amount obtained by way of loan or overdraft as provided in clause (1)(a) shall until repaid, together with the interest thereon, be a charge against the Consolidated Fund; and any such treasury bill or note may be renewed and reissued.
Repayment of loans made to commission
28(3) Advances made under clause (1)(b) shall be made on such terms, and repaid at such times, as the Lieutenant Governor in Council, by order, provides.
29(1) The commission shall make all payments necessary for the administration of this Act, including the payment of the salaries of the members of the commission, the president and chief executive officer and the staff of the commission, and all expenditures incurred in establishing and maintaining liquor stores and in the administration of this Act.
Certain charges against profits
29(2) As part of the cost of the administration of this Act there shall be charged to the profits of the commission and paid by the commission if approved by order of the Lieutenant Governor in Council, such sums each year, as are necessary for the enforcement of this Act by the government, and for the transporting and maintenance of all prisoners convicted of any offence against this Act, whether the conviction took place within a municipality or elsewhere.
S.M. 1991-92, c. 27, s. 13.
30(1) The accounts of the commission shall be made up to March 31 in each year, and at such other times as may be determined by the Lieutenant Governor in Council; and in every case the commission shall prepare a balance sheet and statement of profit and loss and submit them to the Auditor General for his certification.
30(2) The accounts of the commission shall show gross income arising from each of the following:
(a) Sale of spirituous liquor.
(b) Sale of beer.
(c) Sale of wine.
(d) Licence, permit, and other fees.
30(3) The accounts of the commission shall, at least once in each year, be audited and reported on by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council and the cost thereof shall be paid by the commission.
30(4) Notwithstanding subsection (3), the Lieutenant Governor in Council or the Auditor General may at any time order an audit of or investigation into the accounts or affairs of the commission and where the Lieutenant Governor in Council orders an audit or investigation he shall designate the person, who may be the Auditor General, to make the audit or investigation.
31(1) From the profits arising under this Act, as certified by the Auditor General, there shall be taken such sums as may be determined by the Lieutenant Governor in Council for the creation of a reserve fund to repay moneys borrowed under section 28, and to meet any loss that may be incurred in connection with the administration of this Act or by reason of its repeal.
Profits payable to Consolidated Fund
31(2) The net profits, remaining from time to time, after providing the sums required for purposes of the reserve fund, are a part of the Consolidated Fund and shall be appropriated to the public service of the province.
When payable to Minister of Finance
31(3) The net profits of the commission shall be paid over to the Minister of Finance at such times and in such manner as the Minister of Finance may direct.
32(1) The commission shall make reports to the minister covering such matters in connection with the administration or enforcement of this Act as he may require, and shall annually make to the Lieutenant Governor in Council, through the minister, a report for the 12 months ending March 31 in the year in which the report is made, which shall contain
(a) a statement of the nature and amount of the business transacted during the year;
(b) a statement of assets and liabilities, including a profit and loss account, and such other accounts and matters as may be necessary to show the result of operations of the commission for the year, and also a statement of expenditure for law enforcement under section 22;
(c) general information and remarks as to the working of this Act;
(d) any other information requested by the minister.
32(2) The annual report shall be laid before the Legislature forthwith if it is then in session, and if not then in session, within 15 days after the opening of the next session.
EXPIRY OF LICENCES AND PERMITS
33(1) Subject as herein provided, unless sooner cancelled or suspended, every licence and every permit becomes effective on the date stated therein and expires at the end of March 31 of the fiscal year of the commission in or in respect of which it is issued, except in the case of
(a) a permit issued for a social occasion or other special occasion or for a limited and specified number of purchases; and
(b) a licence or permit that, according to its terms, expires sooner.
33(2) A licence or permit may be issued on or before March 31 in any year for the fiscal year of the commission beginning on April 1 next following.
ORDERS AND NOTICES
34(1) Written notices, orders, directions, licences, permits, or permissions, by or from the commission may, unless otherwise expressly provided, be signed by the chairperson or by any member of the commission or by any person authorized so to do by the commission.
34(2) Notice of the decision of the commission on an appeal of a decision by the Licensing Board shall be given by a written notice from the commission served on the permittee or licensee or mailed in an envelope postpaid and registered, addressed to the permittee or licensee at the address given in the permit or licence.
34(3) A notice of suspension shall state the period of time during which a licence or permit remains suspended, or whether the suspension is indeterminate.
34(4) Other notices and documents referred to in subsection (1) may be given or served by being mailed in an envelope postpaid and registered, addressed to the person for whom the notice or document is intended, and takes effect at a day and hour named by the commission in the notice or document.
34(5) In all cases a record shall be kept by the commission of the time of the mailing, and, until the contrary is proved, a notice or document shall be deemed to have been mailed to the person for whom it was intended at the time shown in the record, prima facie proof whereof may be given by certificate of the chairperson or any member of the commission, as hereinafter provided.
S.M. 1991-92, c. 27, s. 14; S.M. 2008, c. 20, s. 8.
MISCELLANEOUS
Finality of acts of commission
35 Every action, order, or decision of the commission as to any matter or thing in respect of which any power, authority, or discretion is conferred on the commission, under this Act is final and not subject to appeal.
Powers of commission supplemental
36(1) Where, by any provision of this Act, power is given the commission respecting any matter, thing, or person, and by the same or any other provision further or other power is given the commission respecting the same matter, thing, or person, the latter power is in addition to, and not in substitution for, the former.
Powers of justice and commission
36(2) Where by any provision of this Act power is given a justice respecting any matter, thing, or person, and by the same or any other provision further or other power is given the commission respecting the same matter, thing, or person, the latter power is in addition to, and not in substitution for, the former.
37(1) The commission may order in writing any place, building, or premises, designated in the order to be a prohibited place for such period as is stated in the order.
37(2) While any such order is in force,
(a) no delivery of liquor shall be made to, at, or in, the prohibited place;
(b) liquor shall not be had, kept, sold, purchased, or consumed, in the place;
(c) the place, building, or premises shall be deemed not to be a residence.
37(3) Where, in any prohibited place, there are licensed premises in respect of which the licence is under suspension, the commission may cause the licensed premises to be closed, and the doors, windows, and other means of ingress thereto to be closed by means of boards, seals, or padlocks or otherwise; and thereafter no person shall enter or attempt to enter therein while the licensed premises are so closed except by the written permission of the commission.
37(4) Subject to subsection (5), where a person is convicted
(a) of an offence against section 111 or clause 112(b); or
(b) under the Criminal Code, of keeping a common bawdy house, a common betting house, or a common gaming house; or
(c) of an offence under the Excise Act (Canada) relating to unlawful possession, manufacture, sale, or other dealing with liquor;
the commission shall make an order under subsection (1) with respect to the premises in, on, or with respect to, which the offence was committed unless they are licensed premises and, where the offence was not committed on or with respect to premises in which the person convicted resides, the commission, if the justice convicting the person so directs, shall make an order under subsection (1) with respect to the premises in which the person convicted resides and, unless sooner revoked by the commission, the order shall remain in effect for one year or, if the person convicted resides therein, until he ceases to reside therein.
37(5) Where the justice convicting a person of an offence mentioned in clause (4)(a), (b) or (c) recommends to the commission that no order be made under subsection (1) with respect to the premises in, on, or with respect to, which the offence was committed, or that such an order be made for a period of less than one year, the commission may, in accordance with the recommendation, omit to make an order under subsection (1) as provided in subsection (4) or make such an order for a period of less than one year.
Court order re prohibited place
37(5.1) A court order under The Civil Remedies Against Organized Crime Act designating premises as a prohibited place is deemed to be an order of the commission made under subsection (1).
37(6) Where the commission is satisfied that there has been an actual and bona fide change in the ownership or occupancy of premises with respect to which an order has been made under subsection (1), or is satisfied that it is otherwise just and desirable to do so, it may revoke the order and issue a certificate signed by a member of the commission or an officer or employee of the commission authorized by the commission for the purpose, declaring that the premises are no longer a prohibited place; and from the date of the delivery of the certificate the premises shall cease to be a prohibited place.
PART II
38 Repealed.
39(1) When authorized by this Act and the regulations, the commission may issue a special permit to a person or entity authorized under subsections (2) to (2.3) to hold that type of special permit.
39(2) The following persons may obtain a special permit that authorizes the holder to purchase the type and quantity of liquor specified in the permit for use only in the holder's profession or business or by patients or residents of a facility referred to in clause (c):
(a) a pharmacist, physician, dentist or veterinarian;
(b) a person engaged in a mechanical or manufacturing business or a scientific pursuit in which liquor is required;
(c) a person in charge of
(i) a hospital or other facility for the care of persons in ill health,
(ii) a home devoted exclusively to the care of aged or infirm people, or
(iii) a developmental centre as that term is defined in The Vulnerable Persons Living with a Mental Disability Act.
39(2.1) An association, society or organization authorized under The Charities Endorsement Act may obtain a special permit that authorizes the holder to purchase or accept donations of liquor designated by the commission as a rare or expensive product, and auction the liquor for a charitable purpose.
39(2.2) A family member of a deceased person or the executor of a deceased person's estate may obtain a special permit that authorizes the holder to sell or auction liquor owned by the deceased person.
39(2.3) Subject to the regulations, a person may obtain a special permit that authorizes the person to purchase, use, sell or serve liquor for any purpose specified in the permit that is not otherwise dealt with in this section.
39(3) A special permit under clause (2)(b) or (c) may authorize
(a) a manufacturer who has given to the Government of Canada a bond that the commission deems to be satisfactory for the purposes of this subsection; or
(b) a manufacturing druggist or the owner or operator of a facility referred to in clause (2)(c);
to purchase, under the supervision of the commission, alcohol or wine directly from a distillery or winery operator.
S.M. 1991-92, c. 27, s. 15; S.M. 1993, c. 29, s. 190; S.M. 2008, c. 20, s. 10.
40(1) There is no fee for special permits under clause 39(2)(c); and the fee for other special permits shall be as prescribed in the regulations.
40(2) The commission may designate in any special permit the liquor store at which liquor shall be purchased under the permit.
41(1) Where authorized by the regulations, and subject thereto, the commission may issue an occasional permit to any individual in charge of a social occasion, or to any recognized society, association, club or other duly constituted organization, whether incorporated or not, to purchase liquor and to serve the liquor so purchased at a social occasion.
41(2) The quantity and kinds of liquor that may be purchased under an occasional permit to be served and consumed at a social occasion shall be suitable to the occasion as is determined by the commission and shall be set forth in the permit; and the place at which the liquor shall be purchased shall be the place or places specified by the holder of the occasional permit and set out in the permit.
41(3) The holder of an occasional permit shall have at the social occasion thereby authorized, and make available to the persons attending it, food suitable to the occasion and of a quantity and kind satisfactory to the commission.
41(4) The commission, in its discretion, may determine the number of occasional permits that, in any year, may be issued to any person or on behalf of any organization.
Application for occasional permit
41(5) The application for an occasional permit shall show the place and time of, and the number of persons expected to attend, the social occasion, and if liquor is to be sold as provided in subsection (11), the price at which it is to be sold.
41(6) The application shall be signed
(a) in the case of an individual, by the applicant;
(b) in the case of a corporation, by one of the officers thereof; and
(c) in the case of an unincorporated society, association, or organization, by three of its officers unless the commission is satisfied to accept the signatures of two officers or of one officer;
and in a case to which clause (b) or (c) applies, each officer who signs the application is responsible for the lawful use of the permit.
41(7) The application shall be forwarded to, and received by, the commission at its head office, with the fee prescribed therefor in the regulations at least seven days before the date of the social occasion, or within such a shorter period before that date as the commission, in its discretion, in any case deems to be sufficient, having regard to the circumstances of the case.
41(8) The place and time of the social occasion may be varied by, but in any event shall, with all other matters relating to the social occasion and the consumption of liquor thereat, be approved by, the commission before the occasional permit is issued.
41(9) All liquor had at a social occasion shall be purchased from the commission a liquor vendor, a beer vendor or a specialty wine store and shall be delivered, had, kept, consumed, and accounted for, in accordance with the directions of the commission.
41(10) No social occasion at which liquor is served shall be held in any room in which meals are being served to the public at the same time that the social occasion is being held.
41(11) The holder of an occasional permit, if authorized by the Commission, may sell to guests in the premises specified in the permit liquor lawfully purchased by the holder for consumption by them only in those premises at a price approved by the Commission in accordance with the regulations and stated in the permit.
41(12) A person under the age of 18 years may enter, be in, and remain in, premises in which a social occasion is being held in respect of which an occasional permit has been issued, and may be present at the social occasion; and no liquor of any kind shall be bought by, or consumed by him, and no person shall sell or give liquor to him, while he is in the premises or present at the social occasion.
41(13) Where an organization is holding a convention, exhibition, fair, rodeo, stampede, tournament, or other meeting, lasting more than one day, the commission, on payment of the prescribed fee, may issue to a person applying therefor an occasional permit that is valid for the number of days stated therein and that authorizes the purchase of liquor and the serving thereof, as provided in this section, at social occasions held by the organization on days, and during hours on those days, prescribed by the commission and set forth in the permit.
41(14) Where an occasional permit is issued under subsection (13) in respect of an exhibition, fair, rodeo, stampede, tournament, or other event that involves the entire community, subsection (10) does not apply to the permit or to the event or social occasion or the service of liquor thereat.
41(15) The commission may refuse to issue an occasional permit
(a) if it is not satisfied that the premises in which it is proposed to hold the social occasion in respect to which application for the permit is made,
(i) are in a safe condition with respect to possible danger, from fire or other causes, to persons therein assembled; and
(ii) are in a clean and sanitary condition and not likely to endanger the health of persons so assembled; or
(b) if the social occasion is to be held in a place or premises that the commission deems to be unsuitable for that social occasion, or is to be held under circumstances that the commission deems to be unsatisfactory.
41(16) An occasional permit shall not be issued in respect of a social occasion to be held
(a) on Good Friday; or
(b) except as provided in subsection (18), in premises situated in a municipality that is under local option.
41(17) An occasional permit shall not be issued in respect of a social occasion to be held in premises in which, in the opinion of the commission, there is not a place
(a) that can be used for the safekeeping and storage of liquor purchased under the permit and not consumed at the social occasion; and
(b) that is approved by the commission as suitable and adequate for the purpose.
Municipality under local option
41(18) If the council of a municipality that is under local option has, by resolution, approved the issue of occasional permits in respect of social occasions held within the municipality, as long as the resolution remains unrescinded the commission may issue occasional permits in respect of social occasions to be held in premises situated in the municipality.
RESTRICTIONS ON ISSUE OF PERMITS
42(1) The commission shall not issue a permit
(a) to a person under the age of 18 years;
(b) to a person who already holds a permit, unless the permit issued is of a different class from that held by the person;
(c) to a person disqualified under this Act from being issued a permit, until the disqualification ceases;
(d) to a person whose permit has been cancelled, until after the expiration of one year at least from the date of the cancellation.
42(2) No person shall knowingly make application to the commission for a permit which he is disqualified from having or which the commission is prohibited from issuing to him.
43(1) Every permit shall be issued in the name of the applicant therefor; and no permit is transferable, nor shall the holder of a permit allow any other person to use it.
43(2) A permit shall not be delivered to the applicant until he has, in the presence of a member of, or some person duly authorized by, the commission, or in the presence of the official to whom the application is made, written his signature thereon in the manner prescribed by the regulations for the purpose of his future identification as the holder thereof, and the signature has been attested by a member of the commission, or the official authorized to issue the permit.
44 A special permit shall not be issued to a corporation until it has supplied the commission with the name of its officer or agent who is to be in charge of the premises in which the liquor purchased under the permit is to be used.
45(1) Every permit shall show thereon the premises of the permittee; and that is the place at which the liquor purchased thereunder may be lawfully delivered, had, and kept.
Permits subject to terms and conditions
45(2) The holder of a permit shall comply with all terms and conditions imposed on the permit.
46 Repealed.
PURCHASE OF LIQUOR
Quantities of liquor to be sold
47 Subject to this Act and the regulations, the commission may sell to any person purchasing liquor,
(a) otherwise than under a special permit or occasional permit, during each day, week, month, or other period fixed by the commission, such quantities of various kinds of liquor as may be fixed in the regulations; and
(b) under a special permit, alcohol or liquor for mechanical or scientific or manufacturing (including dispensing or pharmaceutical) purposes, liquor for a banquet and for any special purpose, the kind and quantity set forth in the permit.
48 Subject to this Act, the commission may sell liquor to any person who is not the holder of a permit and who may lawfully purchase liquor.
49(1) Subject to subsection (5), and except as provided herein and in the regulations, no liquor sold at a liquor store shall be delivered until
(a) if required by the commission, the purchaser has given a written order in a form prescribed by the commission;
(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;
(c) in the case of a special permit
(i) the purchaser has produced or, in the case of a mail order, sent his permit for inspection and endorsement,
(ii) a member or an official of the commission has endorsed or caused to be endorsed, on the permit the kind and quantity of liquor sold and the date of the sale, and
(iii) a record has been made by the commission showing the date of the sale, the name and address of the purchaser, and the kind and quantity of liquor sold.
49(2) A person who purchases beer upon a special permit must satisfy the official of the commission selling the beer that he is the person named as permittee in the permit or named in the prescription.
49(3) Any member, official, or employee of the commission may require a person applying to purchase liquor to produce to the member, official, or employee evidence sufficient to satisfy him that the applicant is the person named in the written order for the liquor.
49(4) Where a member, official, or employee of the commission is in doubt whether a person applying to purchase liquor is of the full age of 18 years, and until such evidence is produced, the applicant shall not be permitted to purchase any liquor from the commission.
49(5) The commission may make regulations altering or modifying the requirements of this section in the case of an order for liquor placed by mail, telephone, or other indirect means.
50(1) Delivery of liquor purchased from the commission may be effected
(a) by the purchaser carrying it away with him; or
(b) by the commission delivering it to a place designated by the purchaser; or
(c) by the commission delivering it to a common carrier consigned to the purchaser or some other person named by him at an address within the province; or
(d) by the commission mailing it to the purchaser or some other person named by him at an address within the province; or
(e) by the commission authorizing the manufacturer or supplier thereof to deliver it to the purchaser or some other person named by him at a place designated by him.
50(2) Delivery of liquor by the commission to a common carrier or by mailing in the post office shall pass the property in the liquor to the consignee.
51(1) The price of each particular variety of liquor shall be the same at all liquor stores and premises of liquor vendors appointed under section 17.
51(2) Any freight, express or postage charges or other charges, for the delivery of liquor to the purchaser shall be paid in accordance with the regulations.
51(3) Subject to the approval of the Lieutenant Governor in Council, the commission may make regulations respecting the payment of freight, express or postage charges, or other charges, for the delivery of liquor to the purchaser.
52(1) Nothing in section 112 prevents common carriers from carrying or conveying liquor from a place outside of the province to a place where it may be lawfully received and lawfully kept within the province, or from a place where the liquor is lawfully kept and lawfully delivered within the province to a place outside of the province, or from a place where liquor may be lawfully purchased within the province to another place within the province where it may be lawfully kept and to which it may be lawfully delivered, or through the province from a place outside of it to a place outside of it.
Opening liquor in transit forbidden
52(2) No person, during the time any liquor is being carried or conveyed as mentioned in subsection (1) or otherwise conveyed, shall open or break or allow to be opened or broken any package or vessel containing the liquor, or drink or use or allow to be drunk or used any liquor therefrom.
53(1) All liquor sold by the commission, the operator of a specialty wine store or by the holder of a retail licence shall be contained in bottles, vessels, or other containers and, if so required in the regulations, the bottles, vessels, or other containers shall be enclosed in cartons or other packages, which bottles, vessels, containers, cartons, or other packages shall be closed, fastened, or sealed, as prescribed in the regulations; and any bottle, vessel, container, carton, or package, that is not so closed, fastened, or sealed shall,
in any prosecution for infraction of a provision of this Act, be deemed, prima facie, to have been opened since it was purchased from the commission, from the operator of a specialty wine store or from the holder of a beer vendor's licence or a brewer's retail licence, as the case may be.
53(2) Subject as herein otherwise specifically provided, no such vessel shall be kept or opened elsewhere than in the residence of a person who may lawfully purchase and consume liquor under this Act, or in the premises designated in the purchaser's permit as the place where the package may lawfully be delivered.
53(3) Beer shall be deemed to be sealed as required by subsection (1) if the bottle in which it is contained is crowned or capped with a crown on which is stamped or printed either the name of the manufacturer or brewer of the beer or a trade mark, trade name, or other distinguishing mark, design, or colour, by which the product manufactured is known or recognized.
DAYS LIQUOR STORES CLOSED
54(1) No sale or delivery of liquor shall be made on or from the premises of a liquor store or liquor vendor
(a) on Sunday,
(i) from 12 midnight until 12 noon, and
(ii) after 6:00 p.m.;
(b) on Good Friday, Easter Sunday or Christmas Day;
(c) on Remembrance Day, before 1:00 p.m.; or
(d) during such other periods, and on such other days, as the commission may direct.
Applications of subsection (1)
54(2) Subsection (1) does not apply to a specialty wine store.
S.M. 1993, c. 40, s. 12; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 3.
Sale only at times not forbidden
55 No sale or delivery of liquor shall be made on or from the premises of a liquor store except on the days on which the sale or delivery is not forbidden by section 54 and then only within such hours as are fixed by the Commission.
USE OF LIQUOR PURCHASED
56(1) Subject as herein expressly otherwise provided liquor legally purchased by any person shall be had, kept, given, or consumed, only
(a) in the residence of a person who may, lawfully purchase and consume liquor; or
(b) in the case of liquor purchased on a permit, in the place shown in the permit as the place to which the liquor may be lawfully delivered or where it may be kept and used or consumed; or
(c) in a private, enclosed area of premises used for the purpose of conducting a business or an institutional activity and being other than premises that are licensed or any part of which is licensed under subsection 60(1), and in that area shall be given to and consumed by only the persons so using the premises and their guests.
56(2) Subject to section 111, a person may make a gift to another person of liquor up to such an amount, and subject to such conditions, as shall be specified by the commission in the regulations if
(a) the donor is in lawful possession of the liquor; and
(b) the donee is a person who may, under this Act, lawfully purchase and consume liquor.
57 Subject to the regulations, a person who is 18 years of age or older and not otherwise prohibited from having liquor in his possession may have and keep in his residence or other authorized place beer or wine lawfully made by him therein and except as otherwise specifically authorized by the commission in writing, such wine and beer may be consumed in a residence or authorized place by a person who is not otherwise prohibited from consuming liquor.
58 Any person may have, keep, and consume, as provided herein, liquor that he has, on any one occasion, brought or caused to be brought into the province from a place outside the province and
(a) that is of a kind, and up to a quantity, that he is permitted under any Act of the Parliament of Canada, to import into Canada without payment of duty or tax thereon; or
(b) that he has legally purchased or acquired in any part of Canada other than Manitoba; or
(c) that is of a kind and quantity that is permitted under any Act of the Parliament of Canada to be imported into Canada in excess of the quantity permitted to be imported free of duty and tax if the duty, tax and provincial fees as prescribed or established in accordance with a formula prescribed by the commission have been paid in respect thereof.
59(1) The commission shall keep or cause to be kept with respect to the sale and disposal of any liquor made by it, such records and accounts as may be prescribed by the Lieutenant Governor in Council.
59(2) Every person, except those persons designated in clause 39(2)(d), who purchases any liquor from the commission or a specialty wine store under the authority of a licence or special permit shall keep, or cause to be kept, such records as the commission prescribes, in such form, and containing such information, as the commission may require.
59(3) Every such purchaser shall, if so required by the commission, not later than 12:00 o'clock noon on the fourth day of each calendar month in each year, or at such times as may be prescribed by the commission, send to the commission a copy of the record mentioned in subsection (2) for the last preceding calendar month, accompanied by his certificate certifying that no other purchases, sales, or disposals were made during the month save those mentioned in the copy of the record sent to the commission.
59(4) The violation of any provision of this Act or of the regulations under which records are required to be made or kept, or returns or reports are required to be made to the commission, is an offence.
PART III
THE SALE OF LIQUOR
60(1) The commission may grant the following classes of licences to sell liquor:
(a) dining room;
(b) cocktail lounge;
(c) beverage room;
(d) cabaret;
(e) sports facility;
(f) spectator activities;
(g) private club;
(h) transportation;
(i) canteen;
(j) retail;
(k) manufacturer's.
60(2) The commission may grant an interim licence for such purposes as it considers advisable.
61 A licence shall be issued only to
(a) an adult of good reputation and character who is a Canadian citizen or a permanent resident who is resident in Canada; or
(b) a partnership each of the members of which meets the requirements of clause (a); or
(c) a corporation
(i) that is incorporated, or authorized to carry on its business in Manitoba, under the laws of the province; and
(ii) whose directors, chief officers, and major shareholders and whose officer or agent in charge of the premises to be licensed are of good reputation and character; or
(d) department or agency of the Government of Canada, or of the Government of Manitoba or a municipality.
62 Every licence is a licence only to the person therein named and for the premises therein mentioned, and shall remain valid only as long as the person continues to be the occupant of the premises, the true owner of the business there carried on, and the only person entitled to at least 90% of the profits from the sale of liquor therein, and if the licensee is a corporation, there is no change in control of the corporation.
63(1) Where an individual who is a licensee dies or when a licensee sells or otherwise assigns its business or becomes dispossessed of it by bankruptcy or order of a court, then, subject to subsections (2) and (4), the licence is forfeited.
Limited authority to successor
63(2) The commission may, in a case to which subsection (1) applies, give its written permission which may be subject to terms for the carrying on of business under any such licence in the premises stated in the permission by any person who appears to be entitled to the benefit thereof as personal representative of the deceased licensee or as assignee or trustee in bankruptcy or otherwise by order of a court for such period not exceeding three months from the happening of the event from which the forfeiture of the licence would result as the commission specifies.
63(3) A person claiming the benefit of a licence under subsection (2) may, within the period specified by the commission, apply to the commission for a licence in respect of the same or other premises and the application shall be dealt with as if it were an application for a new licence.
63(4) Where an application for a new licence in respect of the premises is made under subsection (3), the commission may in writing extend the period of permission granted under subsection (2) for such period as it considers necessary for the consideration of the application.
64(1) No new licence will be issued to any person unless
(a) the person has filed an application therefor with the commission within the prescribed time and paid the prescribed fee:
(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;
(c) the premises in respect of which the application is made are suitable for carrying on the business and have been approved by the commission;
(c.1) the licence is in the public interest having regard to the needs and wishes of residents of the municipality or territory, as those terms are defined in section 66.1, where the premises are located;
(d) the commission has determined that the person is a fit and proper person to keep and operate the kind of premises in respect of which the licence is sought;
(e) the person has given notice of the application by advertisement, in the prescribed form, which shall include the requirements set out in subsection (1.1), and within the prescribed time, published once in the Manitoba Gazette and
(i) once in a newspaper published in the municipality in which the premises are situated or, if no newspaper is published in that municipality, once in a newspaper published in Manitoba and circulated in that municipality, or
(ii) in the case of a transportation licence, once in a newspaper published in the City of Winnipeg; and
(f) the person has complied in all other respects with the requirements of this Act and the regulations.
64(1.1) Without restricting the generality of clause (1)(e), every notice of an application advertised thereunder shall indicate
(a) the type of licence being applied for;
(b) the business and corporate names of the applicant;
(c) the address of the premises to which the proposed licence will apply; and
(d) the hours between which the applicant may serve liquor under the proposed licence.
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.
64(2) Where, during the currency of a licence, the commission has reasonable and probable grounds to believe that a licensee no longer meets the requirements of clause (1)(b), (c), (c.1) or (d), a hearing may be held before the Licensing Board in accordance with section 25, and any disposition under subsection 25(1.4) may be made.
64(3) Any person may, within 14 days after the date of the issue of The Manitoba Gazette or a newspaper containing a notice of application, file with the commission an objection to the issuing of the licence; and the commission shall fix a time and place at which the Licensing Board will hear evidence with regard to the application and the objections and the applicant, all persons who file objections and the municipality wherein the premises are situated shall be given notice by the commission of the hearing and are entitled to be heard.
64(4) No licence shall be issued for premises situated in an area set apart or utilized for park purposes or recreation grounds whether national, provincial or municipal, unless the authority having the ownership or control of the area has consented thereto.
Licences in unorganized territory
64(5) A licence of any of the classes mentioned in clauses 60(1)(a) to (g) shall not be issued in respect of premises in unorganized territory unless the application therefor has been considered by the Licensing Board and the Lieutenant Governor in Council has, on receipt of a recommendation of the commission favourable thereto, previously approved the issue of that class of licence in respect of those premises.
S.M. 1988-89, c. 27, s. 2.1 and 2.2; S.M. 1993, c. 40, s. 16; S.M. 2001, c. 20, s. 4; S.M. 2008, c. 20, s. 14.
65(1) Any person who is refused a licence under section 64 by the Licensing Board may in writing request the commission to reconsider the licence application, and upon receiving the request the commission shall do so and shall give the person and all parties to the Licensing Board hearing a reasonable opportunity to make representations concerning the matters in respect of which the licence was refused.
Re-hearing by commission after granting
65(1.1) Where a licence is granted under section 64, any person who under subsection 64(3) filed an objection to the issuing of the licence may in writing request the commission to reconsider the granting of the licence, and upon receiving the request the commission shall do so and shall give the person and all parties to the Licensing Board hearing a reasonable opportunity to make representations concerning the granting of the licence.
65(2) Where, after reconsidering a licence application under subsection (1), the commission refuses to issue the licence, the person who applied for the licence may appeal the decision of the commission to the Court of Queen's Bench within 60 days after the person receives notice of the decision or within such further time as the court may allow.
65(3) Forthwith upon receiving the notice of appeal, the commission shall forward to the Registrar of the Court of Queen's Bench
(a) the documents and materials from its files which are relevant to the licence application; and
(b) the reasons which the commission gave to the person for refusing the licence.
65(4) The commission is a party to an appeal taken under subsection (2).
65(5) The court may confirm, reverse, quash or vary the decision of the commission respecting the licence application, subject to such terms and conditions as the court sees fit.
S.M. 1988-89, c. 27, s. 2.3.
66 On application, payment of the prescribed fee and on furnishing to the commission such information as it may reasonably require to ensure that the licensee and the licensed premises continue to meet the requirements of the licence, the commission shall renew a licence.
SUNDAY OPENING
66.1 In section 66.3,
"council" means
(a) in the case of a municipality, the council of that municipality,
(b) in the case of a local government district, the resident administrator of that local government district or the elected council, if one exists,
(c) in the case of an incorporated community established under The Northern Affairs Act, the incorporated community council of that incorporated community, and
(d) in the case of Northern Manitoba other than an incorporated community, the Minister of Aboriginal and Northern Affairs; (« conseil »)
"municipality" means
(a) a municipality as defined in The Municipal Act, and The City of Winnipeg,
(b) a local government district,
(c) an incorporated community established under The Northern Affairs Act, or
(d) the minister responsible for the administration of The Northern Affairs Act, in respect of all of northern Manitoba other than an incorporated community; (« municipalité »)
"Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act; (« Nord »)
"territory" means territory other than the territory of a municipality. (« territoire »)
S.M. 2001, c. 20, s. 5; S.M. 2006, c. 34, s. 261.
66.2 Subject to section 66.3, all licensed premises, liquor stores and liquor vendors may open for business and sell or serve liquor on Sunday unless they are otherwise prohibited from doing so under this Act.
66.3(1) The council of a municipality may pass a by-law restricting the operation of private clubs in the municipality on Sunday and prohibiting liquor stores, liquor vendors, beverage rooms and licensed retail premises in the municipality from opening for business and selling or serving liquor on Sunday.
66.3(2) Where the Lieutenant Governor in Council is satisfied that a majority of the inhabitants of a territory so desire, the Lieutenant Governor in Council may, by regulation, restrict the operation of private clubs in the territory on Sunday and prohibit liquor stores, liquor vendors, beverage rooms and licensed retail premises in the territory from opening for business and selling or serving liquor on Sunday.
Wording of by-law or regulation re Sunday opening
66.3(3) A by-law in respect of a municipality or a regulation in respect of a territory must provide that in that municipality or territory, on Sunday
(a) no liquor shall be sold on or from the premises of a liquor store or liquor vendor;
(b) no liquor shall be sold or served in a beverage room after 2:00 a.m.;
(c) no liquor shall be sold or removed from licensed retail premises after 2:30 a.m.;
(d) no liquor shall be sold or served in a private club that is an athletic or sports club from 2:00 a.m. until 9:00 a.m.;
(e) no liquor shall be sold or served in a private club that is not an athletic or sports club and that has dining and full kitchen facilities,
(i) from 2:00 a.m. until 9:00 a.m., and
(ii) after 9:00 a.m., unless the liquor is served with a meal; and
(f) no liquor shall be sold or served in a private club other than a club described in clause (d) or (e) after 2:00 a.m.
No other restriction in by-law or regulation
66.3(4) A by-law or regulation under this section must not contain any other restrictions regarding the sale and service of liquor at licensed premises, liquor stores or liquor vendors in the municipality or territory.
By-law or regulation to be obeyed
66.4 If a by-law or regulation under section 66.3 is in effect in a municipality or territory, no person shall sell or serve liquor in contravention of the by-law or regulation.
DINING ROOM LICENCE
67(1) &nbs