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REPEALED
Date: April 1, 2014
C.C.S.M. c. L160
The Liquor Control Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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" means a police officer appointed under The Police Services Act or a member of the Royal Canadian Mounted Police; (« 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; S.M. 2009, c. 32, s. 99.
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"
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.
Repealed.
S.M. 1995, c. 28, s. 3; S.M. 1996, c. 54, s. 9.
THE COMMISSION
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.
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.
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.
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.
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.
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.
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.
Duration of office and salaries
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.
Three members of the commission constitute a quorum, unless the Lieutenant Governor in Council otherwise specifies.
Appointment of president and c.e.o.
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.
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
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.
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.
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.
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.
Repealed, S.M. 1991-92, c. 27, s. 6.
Agreements between the commission and Canada
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.
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.
Social responsibility initiatives and programs
The commission must conduct initiatives and programs that promote responsible liquor consumption and warn of the harm caused by irresponsible liquor consumption.
REGULATIONS
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.
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
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.
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
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
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.
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
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
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).
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
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
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
Notwithstanding The Regulations Act, a regulation made under this Act comes into force on the day it is published in The Manitoba Gazette.
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.
Repealed, S.M. 1989-90, c. 24, s. 86.
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.
Establishment of liquor stores
Subject to 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.
The commission may establish, maintain and operate boutique liquor stores within the premises of grocery stores or at other locations that the commission considers appropriate. Boutique liquor stores sell a limited selection of liquor, in accordance with this Act.
Repealed, S.M. 2011, c. 31, s. 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.
A liquor store may also sell the following products:
(a) liquor-related products, such as
(i) stoppers, openers and glassware,
(ii) books and magazines dealing with liquor, and
(iii) gift bags or boxes for products sold at the store;
(b) alcoholic beverages containing 1% or less alcohol by volume, such as low-alcohol beer, wine, coolers and pre-mixed cocktails;
(c) beer, wine and pre-mixed cocktails that do not contain alcohol;
(d) tickets, souvenirs and clothing for community-based events;
(e) items that promote the responsible consumption of liquor, such as gift cards or gift certificates for taxis.
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.
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.
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.
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.
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.
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
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
An agreement under subsection (1) is subject to the approval of the Lieutenant Governor in Council.
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)
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.
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
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
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.
The Lieutenant Governor in Council shall designate one of the members of the Licensing Board as chairperson.
Three members of The Licensing Board constitute a quorum.
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.
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.
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
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.
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.
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.
Where the Licensing Board designates a panel, the Licensing Board shall appoint one of the members of the panel as its presiding officer.
A quorum of a panel is three members.
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.
Repealed, S.M. 1991-92, c. 27, s. 11.
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.
Renumbered as subsection 19(5).
Renumbered as subsection 19(6).
LICENCES AND PERMITS
Commission not compelled to issue
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.
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
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.
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.
The Licensing Board shall provide the licensee or permittee with reasonable notice of the hearing.
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
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.
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.
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
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).
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
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.
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.
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.
An appeal hearing by the commission is open to the public.
Powers of commission on appeal
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
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
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
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.
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
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
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.
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
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.
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.
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.
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.
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.
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
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
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.
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.
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
Unless it is cancelled or suspended, and subject to the provisions of this Act, a licence or permit is effective for the period set out in the licence or permit, which must not be longer than three years.
ORDERS AND NOTICES
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.
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.
A notice of suspension shall state the period of time during which a licence or permit remains suspended, or whether the suspension is indeterminate.
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.
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
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
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
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.
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.
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.
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.
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.
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
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).
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.
Repealed.
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.
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.
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.
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.
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.
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.
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.
The commission may designate in any special permit the liquor store at which liquor shall be purchased under the permit.
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.
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.
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.
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
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.
Repealed, S.M. 2011, c. 31, s. 5.
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.
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.
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.
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.
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.
A person under 18 years of age may attend a social occasion at premises in respect of which an occasional permit has been issued.
No consumption or possession by minors
No person under 18 years of age shall possess or consume liquor at a social occasion.
Duty of permit holder re minors
The holder of an occasional permit shall ensure that no person under 18 years of age possesses or consumes liquor at the social occasion.
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.
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.
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.
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.
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
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.
S.M. 1993, c. 40, s. 7; S.M. 2011, c. 31, s. 5.
RESTRICTIONS ON ISSUE OF PERMITS
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.
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.
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.
Repealed, S.M. 2011, c. 31, s. 6.
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.
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
The holder of a permit shall comply with all terms and conditions imposed on the permit.
Repealed.
PURCHASE OF LIQUOR
Quantities of liquor to be sold
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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
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)
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
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
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.
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.
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.
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.
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.
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.
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.
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.
THE SALE OF LIQUOR
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;
(i.1) brew pub;
(j) retail;
(k) manufacturer's.
The commission may grant an interim licence for such purposes as it considers advisable.
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.
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 80% 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.
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
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.
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.
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.
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 publishes a notice of the application within the prescribed time periods
(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.
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.
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.
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.
Any person may, within 14 days after notice of the application was published in a newspaper as required by clause (1)(e), 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.
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
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; S.M. 2011, c. 31, s. 9.
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
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.
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.
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.
The commission is a party to an appeal taken under subsection (2).
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.
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
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.
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.
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.
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
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
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
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
The commission may issue a dining room licence to the proprietor or operator of a dining room if it is satisfied that
(a) the dining room, kitchen and related areas comply with The Public Health Act and The Drinking Water Safety Act, and the regulations under those Acts; and
(b) the dining room meets the requirements of the regulations.
A dining room licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption with meals as prescribed by the commission
(a) in the dining room specified in the licence; and
(b) at such other premises as the commission may approve.
Licences for certain institutions
The commission may issue a dining room licence to the proprietor or operator of an institution regularly conducted as a home for the residence or care of elderly or infirm persons or as a developmental centre as that term is defined in The Vulnerable Persons Living with a Mental Disability Act, authorizing the sale of liquor by the proprietor or operator for consumption by the residents or patients of the institution and their guests with or without meals in an area of the institution described in the licence and the regulations under clause 10(1)(c) do not apply to such a licence.
S.M. 1993, c. 40, s. 18; S.M. 1993, c. 29, s. 190; S.M. 1995, c. 28, s. 4; S.M. 2002, c. 36, s. 42; S.M. 2005, c. 9, s. 7.
Licensee may allow patrons to bring own wine
The holder of a dining room licence may allow patrons to bring their own commercially made wine in an unopened bottle to the dining room for consumption with meals served in the dining room.
Wine brought to a dining room by a patron under the authority of this section is to be served in accordance with the regulations.
All provisions of this Act and the regulations respecting the service, consumption and handling of liquor in licensed premises apply with necessary changes to wine brought to a dining room by a patron under this section, as if that wine had been purchased in the dining room.
No liquor shall be sold or served in a dining room
(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;
(b) on all other days of the week, from 2:00 a.m until 9:00 a.m.; and
(c) on Good Friday and Remembrance Day, from 2:00 a.m. until 12 noon.
Repealed, S.M. 2008, c. 20, s. 15.
S.M. 2001, c. 20, s. 6; S.M. 2008, c. 20, s. 15.
Subject to section 167, where a dining room licence is held in respect of premises in a hotel, the commission may, upon such terms and conditions as it may prescribe, authorize the licensee to sell liquor during the hours when liquor may be sold under the dining room licence
(a) to a registered guest for consumption in his or her room with or without a meal; or
(b) to a person lawfully entitled to be in an area or room of the hotel provided for the recreation of hotel guests and designated by the commission in the authorization, for consumption therein with or without a meal;
and the liquor so sold shall be delivered by the licensee to the room in which the guest is registered or to the area or room of the hotel where its consumption is authorized.
Subject to section 167 where a dining room licence is held in respect of premises in a hotel, the licensee may, with the prior approval of the commission and subject to the terms and conditions prescribed by the commission, install a self-serve unit in any guest room of the hotel and sell liquor from the unit.
S.M. 1991-92, c. 27, s. 16; S.M. 2005, c. 9, s. 7.
Repealed.
COCKTAIL LOUNGE LICENCE
The commission may issue a cocktail lounge licence to the holder of a dining room licence if, in the opinion of the commission,
(a) the proposed premises are adequate for the purpose;
(b) the proposed premises are so connected with the licensed dining room that food may be readily procured by patrons for consumption in the cocktail lounge;
(c) the proposed premises meet the requirements of the regulations.
A cocktail lounge licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption in the cocktail lounge.
Taking liquor from dining room to lounge
A patron of the cocktail lounge may carry liquor purchased therein to the dining room and may, upon being seated, consume it there at a table and a patron of the dining room may carry liquor purchased therein to the cocktail lounge and may, upon being seated, consume it there.
No liquor shall be sold or served in a cocktail lounge
(a) subject to subsection (5), while the dining room operated by the licensee is closed;
(b) on Sunday, from 2:00 a.m. until 11:00 a.m.;
(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;
(d) on Good Friday, Easter Sunday and Christmas Day, after 2:00 a.m.; and
(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
Where food is available to patrons of the cocktail lounge, it may remain open from 9:00 p.m. to 2:00 a.m. even though the dining room is closed.
The commission may, in writing and subject to such terms, conditions and hours of operation as it may prescribe, authorize the holder of a cocktail lounge licence to sell and serve liquor in the cocktail lounge on holidays and the first Sunday following Good Friday for consumption on the premises on the same terms and conditions as under the dining room licence.
Repealed, S.M. 1993, c. 40, s. 20.
Every person who is in a cocktail lounge, other than the licensee thereof and its employees, shall leave the cocktail lounge within 60 minutes of the time when the sale of liquor therein is required to cease.
No licensee of a cocktail lounge shall permit any unauthorized person to remain in the cocktail lounge after 60 minutes have elapsed from the time when the sale of liquor therein is required to cease.
Notwithstanding any other provision of the Act, the commission may, in writing, authorize the licensee of a cocktail lounge to admit persons, including minors, to that cocktail lounge during hours in which liquor may not lawfully be sold therein, and to use those premises for purposes stated in the authorization.
S.M. 1991-92, c. 27, s. 17; S.M. 1993, c. 40, s. 20; S.M. 1995, c. 28, s. 5; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 7; S.M. 2005, c. 9, s. 7.
BEVERAGE ROOM LICENCE
The commission may issue a beverage room licence to a person in respect of premises that are
(a) located in a hotel, or a building adjacent to a hotel, that has a licensed dining room and for which the commission has issued a certificate of registration under section 169; and
(b) in the opinion of the commission, adequate for the purpose.
A beverage room licence authorizes the licensee to purchase liquor from the commission or a specialty wine store only and to sell it for consumption in the beverage room.
No liquor shall be sold or served in a beverage room
(a) on Sunday, from 2:00 a.m. until 12 noon;
(b) repealed, S.M. 2011, c. 31, s. 11;
(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;
(d) on Good Friday, Easter Sunday and Christmas Day, after 2:00 a.m.; and
(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
Repealed, S.M. 2001, c. 20, s. 8.
Authorization to operate as dining room
The commission may authorize the holder of a beverage room licence to sell and serve liquor in the beverage room on the same terms and conditions as under a dining room licence
(a) on Good Friday;
(b) on Easter Sunday;
(c) on Christmas Day; or
(d) on a specified date, so that a family-oriented event specified in the authorization can be held in the beverage room.
The authorization must be in writing and may be subject to any additional terms and conditions specified in the authorization.
Minors forbidden in beverage room
Except when permitted by an authorization given under subsection (5), no person under the age of 18 years shall be in a licensed beverage room at any time when liquor may lawfully be sold or consumed therein.
Except when permitted by an authorization given under subsection (5), no licensee of a beverage room shall permit any person under the age of 18 years to be in a beverage room at any time when liquor may lawfully be sold or consumed therein.
Every person who is in a beverage room, other than the licensee thereof and its employees, shall leave the beverage room within 60 minutes of the time when the sale of liquor therein is required to cease.
No licensee of a beverage room shall permit any unauthorized person to remain in the beverage room after 60 minutes have elapsed from the time when the sale of liquor therein is required to cease.
Notwithstanding any other provision of the Act, the commission may, in writing, authorize the licensee of a beverage room to admit persons, including minors, to that beverage room during hours in which liquor may not lawfully be sold therein, and to use those premises for purposes stated in the authorization.
S.M. 1988-89, c. 27, s. 3; S.M. 1991-92, c. 27, s. 18; S.M. 1993, c. 40, s. 21; S.M. 1995, c. 28, s. 6; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 8; S.M. 2005, c. 9, s. 7; S.M. 2008, c. 20, s. 16; S.M. 2011, c. 31, s. 11.
CABARET LICENCE
The commission may issue a cabaret licence to the proprietor or operator of any cabaret that, in the opinion of the commission,
(a) fulfils the requirements for a dining room licence;
(b) meets the requirements of the regulations.
A cabaret licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption in the cabaret.
A cabaret licensee shall provide live entertainment in accordance with the regulations during each day on which the cabaret is open.
No liquor shall be sold or served in a cabaret
(a) on Sunday, from 2:00 a.m. until 12 noon;
(b) repealed, S.M. 2011, c. 31, s. 11;
(c) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;
(d) on Good Friday, Easter Sunday and Christmas Day, after 2:00 a.m.; and
(e) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
Every person in a cabaret, other than the licensee and his or her employees, shall leave the cabaret within 60 minutes after the time when the sale of liquor in the cabaret is required to cease.
No licensee of a cabaret shall permit any unauthorized person to remain in the cabaret more than 60 minutes after the time when the sale of liquor in the cabaret is required to cease.
S.M. 1993, c. 40, s. 22; S.M. 1995, c. 28, s. 7; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 9; S.M. 2005, c. 9, s. 7; S.M. 2008, c. 20, s. 17; S.M. 2011, c. 31, s. 11.
SPORTS FACILITY LICENCE
The commission may issue a sports facility licence to the proprietor or operator of an athletic centre, sports recreation centre, golf course, curling rink, or a hunting or fishing lodge licensed under The Resource Tourism Operators Act for a separate area in the premises that, in the opinion of the commission,
(a) is adequate for the purpose and will readily permit compliance with this Act by the licensee;
(b) is equipped with kitchen facilities for providing meals; and
(c) meets the requirements of the regulations.
A sports facility licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption to:
(a) members of the sports facility;
(b) guests of members of the sports facility;
(c) members of the public who have paid the daily requisite fee for use of the facility;
(d) where the facility is owned or operated by a municipality or parks board, members of the public who use the facility;
during those times when sports activities for which the facilities are designed are being conducted within the premises.
Where the licensed facility is a hunting or fishing lodge, the holder of the licence is authorized to purchase liquor from the commission or a specialty wine store only and to sell it by the bottle or glass to bona fide guests of the lodge for consumption:
(a) in their rooms or cabins; and
(b) where authorized by the commission, in an area or room provided for the recreation of guests of the lodge.
No liquor shall be sold or served in a sports facility
(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;
(b) on all other days of the week, from 2:00 a.m. until 9:00 a.m.;
(c) on Good Friday and Christmas Day, after 2:00 a.m.; and
(d) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
S.M. 1993, c. 40, s. 23; S.M. 1995, c. 28, s. 8; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 10; S.M. 2002, c. 46, s. 35; S.M. 2005, c. 9, s. 7.
SPECTATOR ACTIVITIES LICENCE
The commission may issue a spectator activities licence to the proprietor or operator of any building the primary purpose of which is the holding of theatrical or musical arts, spectator sports events, conventions, exhibitions, or fairs and that, in the opinion of the commission,
(a) has facilities and equipment satisfactory for the sale or service of liquor in conjunction with such performances, exhibitions, conventions, and events; and
(b) meets the requirements of the regulations.
A spectator activities licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption without meals in areas of the building prescribed by the commission.
No liquor shall be sold or served in premises licensed under a spectator activities licence
(a) on Sunday, from 2:00 a.m. until 11:00 a.m.;
(b) on all other days of the week, from 2 a.m. until 9:00 a.m.;
(c) on Good Friday, after 2:00 a.m.; and
(d) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
S.M. 1993, c. 40, s. 23; S.M. 1995, c. 28, s. 9; S.M. 2001, c. 20, s. 11; S.M. 2005, c. 9, s. 7.
PRIVATE CLUB LICENCE
The commission may issue a private club licence to a club that
(a) is the proprietor or operator of premises that are constructed, equipped, and operated in accordance with the regulations;
(b) is incorporated;
(c) has a permanent local membership of,
(i) in the case of a veterans organization, not fewer than 50 persons who are 18 years of age or over, or
(ii) in any other case, not fewer than 100 persons who are 18 years of age or over; and
(d) has submitted to the commission in English or in French, a copy of its Act, or articles of incorporation, and of its constitution and general by-laws, and such other of its by-laws or rules as affect the operation of the premises operated by the club.
A private club licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it for consumption by members and their guests, with or without meals in the private club dining room, or in another area of the premises designated by the commission.
Where a private club or a duly chartered branch thereof, other than a club that is a veterans organization, has had a permanent local membership of 100 for a continuous period of not less than three years, the commission shall not suspend or cancel the licence, or refuse to reissue the licence because the club does not have a sufficient number of members as long as the club has a permanent local membership of not fewer than 50 members.
Reduced membership of veterans organization
The commission shall not renew a private club licence for a veterans organization if the permanent local membership of that veterans organization falls below 50 members who are 18 years of age or over.
A member of a duly chartered auxiliary of a private club, or any duly chartered branch thereof, whose name and address is entered on a list of members of the auxiliary or branch of that private club and posted on the club premises, shall be deemed to be a member of that private club.
A private club licensee may allow guests of members of the club to purchase and consume liquor on the premises where
(a) the number of guests on the premises at one time does not exceed
(i) 50% of the permanent local membership of the club, in the case of a club that is a veterans organization; or
(ii) 10% of the permanent local membership of the club, in the case of any other club; and
(b) the guest's name and address has been entered on a guest register in the form prescribed by the commission, together with the name of the member by whom the guest was introduced and the date and time of admission.
The spouse or common-law partner of a member is not a guest for the purposes of subsection (5).
The commission may, in writing, for the purposes of a specified event, permit a club to allow guests in its premises who may purchase and consume liquor and for that specified event subsection (5) does not apply.
The holder of a private club licence shall, within one month of the annual meeting of the club, forward a current membership roster to the commission.
No person not a member or employee of the club or a guest of a member shall be permitted to be or remain in any part of the club where liquor is being sold, served or consumed.
No liquor shall be sold or served in a private club
(a) that is an athletic or sports club, from 2:00 a.m. until 9:00 a.m on all days of the week;
(b) that is not an athletic or sports club and that
(i) has dining and full kitchen facilities, and
(ii) after 2:00 a.m. on Sunday, serves liquor only with meals,
from 2:00 a.m. until 9:00 a.m. on all days of the week;
(c) that is not an athletic or sports club and that, after 2:00 a.m. on Sunday, serves liquor without meals
(i) from 2:00 a.m. until 12 noon on Sunday,
(ii) repealed, S.M. 2011, c. 31, s. 11,
(iii) from 2:00 a.m. until 9:00 a.m. on all other days of the week, and
(iv) after 2:00 a.m. on Easter Sunday;
(d) after 2:00 a.m. on Good Friday and Christmas Day;
(e) that is a veterans organization, from 2:00 a.m. until 12 noon on Remembrance Day; and
(f) that is not a veterans organization, from 2:00 a.m. until 1:00 p.m. on Remembrance Day.
76(11) and (12) Repealed, S.M. 2001, c. 20, s. 12.
S.M. 1993, c. 40, s. 23; S.M. 1995, c. 28, s. 10; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 12; S.M. 2005, c. 9, s. 7; S.M. 2008, c. 20, s. 18; S.M. 2011, c. 31, s. 11.
TRANSPORTATION LICENCE
The commission may issue a transportation licence to the proprietor, operator or lessee of a railway company, an excursion ship, an international airport, an air carrier company, or an inter-city bus line, that, in the opinion of the commission,
(a) has facilities and equipment satisfactory for the sale and service of liquor in conjunction with the transportation of passengers; and
(b) meets the requirements of the regulations.
Subject to subsection (4), a transportation licence authorizes the licensee to purchase liquor from the commission , a specialty wine store or a local retail beer vendor only and to sell it, with or without meals, as designated by the commission.
The holder of a transportation licence may sell or serve liquor to its passengers
(a) when they are travelling internationally or interprovincially, at any time;
(b) when they are travelling intraprovincially by air carrier, at any time;
(c) when they are travelling intraprovincially by rail, excursion ship or bus, at any time except
(i) on Sunday, from 2:00 a.m. until 11:00 a.m.,
(ii) on all other days of the week, from 2:00 a.m. until 9:00 a.m.,
(iii) on Good Friday, after 2:00 a.m., and
(iv) on Remembrance Day, from 2:00 a.m. until 1:00 p.m.
Purchases other than from commission or specialty wine store
The commission may authorize the holder of a transportation licence to purchase elsewhere than from the commission or a specialty wine store and under such conditions as the commission prescribes liquor for sale to passengers.
Where authority is granted under subsection (4), the commission may enter into agreements with the boards, commissions, or persons authorized for the purpose in other provinces of Canada whereby credit will be given to the commission for a portion of the price of liquor purchased as so authorized, and the amount so credited will be paid to the commission as part of its revenue.
S.M. 1988-89, c. 27, s. 4; S.M. 1993, c. 40, s. 23; S.M. 1995, c. 28, s. 11; S.M. 2001, c. 20, s. 13.
CANTEEN LICENCE
The commission may issue a canteen licence to the person in control of a military or police canteen that
(a) has received the written approval of the senior active officer in Manitoba;
(b) will be under direct supervision and control of the military or police unit for which the licence is issued.
A canteen licence authorizes the licensee to purchase liquor from the commission, a specialty wine store or a local retail beer vendor only and to sell it to members of the unit in respect of which the canteen operates, or their guests for consumption in the canteen.
No liquor shall be sold or served in a canteen upon such days and between such hours as the senior active officer in Manitoba prescribes for the canteen.
S.M. 1993, c. 40, s. 23; S.M. 1995, c. 28, s. 12; S.M. 2005, c. 9, s. 7.
BREW PUB LICENCE
The following definitions apply in this section.
"base licence" means the other licence referred to in subsection (2) that is held by the holder of a brew pub licence. (« licence de base »)
"subject premises" means the premises that are the subject of both a base licence and a brew pub licence. (« locaux visés par deux licences »)
The commission may issue a brew pub licence to a person in respect of premises for which that person holds one of the following classes of licence:
(a) dining room;
(b) cocktail lounge;
(c) beverage room;
(d) cabaret.
The commission may issue a brew pub licence if
(a) the equipment to be used to produce beer is acceptable to the commission; and
(b) the commission is satisfied that the subject premises are appropriate.
A brew pub licence authorizes the licensee to
(a) produce beer at the subject premises, up to a maximum volume established by regulation;
(b) sell beer produced at the subject premises to the commission and deliver that beer as directed by the commission; and
(c) purchase beer produced at the subject premises from the commission and
(i) sell it for consumption in the subject premises, or
(ii) sell it to the public for consumption outside of the subject premises in packages authorized by the commission;
in accordance with requirements established by regulation.
The equipment used by the holder of a brew pub licence to produce beer under that licence must be located in the subject premises.
Beer produced at the subject premises may be sold in or from the subject premises only during the hours when liquor may be sold in the subject premises under the base licence.
Subject to this section, the issuance of a brew pub licence does not otherwise affect the licensee's operation of the subject premises under the base licence, and all requirements of this Act and the regulations in respect of the base licence continue to apply to the licensee.
The commission may, by regulation,
(a) impose additional requirements or restrictions on the holder of a brew pub licence respecting operations at the subject premises; and
(b) vary the application of this Act or the regulations in relation to a base licence held by the holder of a brew pub licence.
RETAIL LICENCE
The commission may issue a retail licence in the following categories
(a) beer vendor, to any person who is the licensee named in a Certificate of Hotel Registration;
(b) brewer's retail store, to any brewer in the province that is the holder of a manufacturer's licence, or any association of brewers so licensed;
(c) wine manufacturer's retail store, to any manufacturer of wine in the province, that is the holder of a manufacturer's licence;
(c.1) distiller's retail store, to any distiller in the province that is the holder of a manufacturer's licence;
(d) sacramental wine vendor, to any person.
S.M. 1993, c. 40, s. 24; S.M. 2005, c. 9, s. 8.
Where a retail licence is issued in respect of a beer vendor, the beer vendor may be located in a building separate from the hotel if the two buildings are located on the same parcel, or on adjacent parcels of land such that the commission is satisfied that the buildings are so related that the two constitute a single establishment.
Requirements for manufacturer's retail store
A retail store operated by a brewer, wine manufacturer or distiller must
(a) be located at the premises where the product is manufactured or at a location approved by the commission; and
(b) sell only products manufactured by the licensee.
Beer vendor and brewer's retail
A retail licence for a beer vendor or a brewer's retail store authorizes the licensee to purchase beer from the commission only and to sell it in the packages authorized by the commission.
Wine manufacturer's retail store
A retail licence for a wine manufacturer's retail store authorizes the licensee to purchase wine from the commission only and to sell it in the original container.
A retail licence for a distiller's retail store authorizes the licensee to purchase spirits from the commission only and to sell spirits in their original container.
A retail licence for a sacramental wine vendor authorizes the licensee to sell wine in the original container, for sacramental or religious uses to
(a) a member of the clergy;
(b) a person authorized in writing by a member of the clergy entitled to purchase wine under clause (a) but only one person shall be so authorized by that member;
(c) a person in another province who, under the laws of that province, may import such wine.
Each retail licensee who is a sacramental wine vendor shall keep records showing the date of each sale, the person to whom the wine was sold, the kind and quantity sold, and the price charged therefor, and the licensee shall furnish to the commission a copy of the records of the previous month verified by statutory declaration on or before the 10th day of the next month.
S.M. 1993, c. 40, s. 25; S.M. 2005, c. 9, s. 10.
82(1) and (1.1) Repealed, S.M. 2005, c. 9, s. 11.
Any product sold from licensed retail premises shall be delivered to the purchaser in such manner as the commission may prescribe.
S.M. 1993, c. 40, s. 26; S.M. 2005, c. 9, s. 11.
A retail licensee shall not, unless authorized by the commission, sell any product other than the product specified for that category of retail licence in subsection 81(1), (2), (2.1) or (3).
Premises for which a retail licence has been issued shall not be open for business and no liquor shall be sold or removed from those premises
(a) on Sunday, from 2:30 a.m. until 12 noon;
(b) repealed, S.M. 2011, c. 31, s. 13;
(c) on all other days of the week, from 2:30 a.m. until 9:00 a.m.;
(d) on Good Friday, Easter Sunday and Christmas Day, after 2:30 a.m.; and
(e) on Remembrance Day, from 2:30 a.m. until 1:00 p.m.
84(2) and (3) Repealed, S.M. 2001, c. 20, s. 14.
S.M. 1991-92, c. 27, s. 19; S.M. 1993, c. 40, s. 27; S.M. 1996, c. 54, s. 9; S.M. 2001, c. 20, s. 14; S.M. 2011, c. 31, s. 13.
MANUFACTURER'S LICENCE
The commission may issue a manufacturer's licence to:
(a) a brewer, distiller or winery duly licensed by the Government of Canada;
(b) a licensee licensed under this Act where the licensee manufactures beer.
A manufacturer's licence authorizes the licensee to sell liquor to the commission and to deliver the liquor so sold as the commission in writing directs.
Subject to the approval of the commission, an association or organization of brewers may act as delivery agent for a brewer that holds a manufacturer's licence and may establish brewery warehouses as approved by the commission and deliver beer as prescribed and authorized by the commission.
A licensed manufacturer may keep liquor for sale to the commission or for export sale in a bonded warehouse approved by the commission.
A licensed manufacturer that makes a sale of liquor in the province shall record
(a) the date of the sale;
(b) the name and address of the person to whom the sale was made;
(c) the kind and quantity of liquor sold;
(d) the person or carrier to whom the liquor was delivered for carriage; and
(e) the name and address of the consignee.
Where the licence of any manufacturer licensed by the Government of Canada or the commission for the manufacture of liquor becomes for any reason void, any other licence of that licensee under this Act is also void.
Licensing of manufacturer to sell liquor
A manufacturer licensed under clause 85(1)(a) may be granted a licence to sell liquor under this Act, where the commission is satisfied that the manufacturer, as a licensee, will not discourage the sale or consumption of the products of any other manufacturer.
Prohibition respecting manufacturers
A manufacturer licensed under clause 85(1)(a) shall not directly or indirectly enter into an agreement with any other licensee whereby the licensee is to promote the sale of the product of the manufacturer.
The prohibition in subsection (1.1) applies to the directors, officers and employees of a manufacturer licensed under clause 85(1)(a).
GENERAL PROVISIONS
No licensee shall employ or allow any person under the age of 18 years to act in any way in connection with the sale, handling or serving of liquor in any licensed premises.
Application of subsection 121(4)
Subsection 121(4) applies with such modifications as the circumstances require in respect of a licensee under subsection (1).
Every licensee who employs a person to serve liquor in licensed premises shall inform the person of the provisions of this Act with respect to the service of liquor under the licence issued to that licensee.
Every licensee shall ensure that the manager of the licensed premises and any person who serves liquor or provides security at the licensed premises has successfully completed a responsible service and safety course specified by the commission.
Minor in cocktail lounge or cabaret
No person under the age of 18 years shall enter or remain in a cocktail lounge or cabaret unless accompanied by his or her parent, spouse, common-law partner or guardian who is at least 18 years of age and no such person shall possess or consume liquor therein unless it is purchased or provided by his or her parent, spouse, common-law partner or guardian and it is consumed with a meal in their presence.
93(1.1) No licensee of a cocktail lounge or cabaret shall permit any person under the age of 18 years to enter or remain in the cocktail lounge or cabaret unless that person is accompanied by his or her parent, spouse, common-law partner or guardian who is at least 18 years of age.
Repealed, S.M. 2008, c. 20, s. 19.
A person under the age of 18 years may enter premises licensed under any of the following classes of licence:
(a) dining room;
(b) sports facility;
(c) spectator activities;
(d) private club;
(e) transportation;
but he or she shall not possess or consume liquor in those premises unless it is purchased or provided by his or her parent, spouse, common-law partner or guardian who is at least 18 years old, and it is consumed with a meal in the presence of his or her parent, spouse, common-law partner or guardian.
S.M. 1988-89, c. 27, s. 5; S.M. 1993, c. 40, s. 29; S.M. 2001, c. 20, s. 15; S.M. 2008, c. 20, s. 19; S.M. 2011, c. 31, s. 15.
Consumption or possession by minors prohibited
No licensee shall permit or authorize any person under the age of 18 years to possess or consume liquor in any premises licensed under this Act except as provided in section 93.
Application of subsection 121(4)
Subsection 121(4) applies with such modifications as the circumstances require in respect of a licensee under subsection (1).
S.M. 1993, c. 40, s. 30; S.M. 2008, c. 20, s. 20; S.M. 2011, c. 31, s. 16.
Liquor that was purchased on licensed premises other than under a retail licence and that is unconsumed by the purchaser on his or her departure shall forthwith be destroyed by the licensee.
Recorking wine served with meal
Despite anything in this Act, a licensee may allow a person to remove an unfinished bottle of wine from the licensed premises if
(a) the wine was served to the person with a meal purchased at the licensed premises; and
(b) the licensee recorks the bottle using a new cork that is fully inserted into the bottle so that the top of the cork is flush with the opening of the bottle.
S.M. 2005, c. 9, s. 13; S.M. 2011, c. 31, s. 17.
The licensee of any licensed premises shall not:
(a) allow any person to play any game or sport that is contrary to the Criminal Code (Canada) therein;
(a.1) permit a lottery scheme in the licensed premises other than a lottery scheme permitted under The Manitoba Lotteries Corporation Act;
(a.2) permit unlawful activities or conduct not referred to in clause (a) or (a.1) to take place in the licensed premises or in the immediate vicinity outside of the licensed premises;
(b) permit disorderly persons to be in the licensed premises or in the immediate vicinity outside of the licensed premises;
(c) knowingly sell liquor to any person who is forbidden by this Act to be in the licensed premises;
(d) sell or serve liquor to any person who is or appears to be intoxicated;
(d.1) permit the excessive consumption of liquor by any person in the licensed premises;
(e) permit any person in the licensed premises to give, sell or otherwise provide liquor to a person who is or appears to be intoxicated; or
(f) permit any person in the licensed premises who is or appears to be intoxicated to remain in possession of liquor.
The licensee may refuse to admit to the licensed premises a person to whom clause (1)(a.2), (b), (c), (d), (d.1), (e) or (f) applies and request that person to cease seeking entrance thereto or if that person is in the premises may request that person to leave; and if the person refuses or fails to comply with either request, the person is guilty of an offence.
A licensee may eject from the licensed premises any person who refuses or fails to comply with a request made under subsection (2), using only such force as is necessary for the purpose.
Duty of licensee re sale and service
The licensee of any licensed premises shall ensure that liquor is not sold or served in the licensed premises in contravention of this Act or the regulations.
S.M. 1993, c. 40, s. 31; S.M. 1999, c. 42, s. 31; S.M. 2001, c. 20, s. 16; S.M. 2008, c. 20, s. 21; S.M. 2011, c. 31, s. 18.
If the commission becomes aware of concerns about security at a licensed premises, it may conduct a safety evaluation of the operation of those premises to determine if changes are required to the manner in which the licensee operates the premises.
After completing the safety evaluation, the commission may, by written notice, require the licensee to make specified changes to the operation of the licensed premises, which may include requiring the licensee to use specified security equipment, such as metal detectors, surveillance cameras or devices that scan or verify the identification provided by patrons, or employ security personnel at the premises.
When requiring a licensee to make changes to operations under subsection (2), the commission must have regard to privacy and it may require the licensee to take specified steps to protect the privacy of patrons and employees.
Licensee to make required changes
The licensee must make the required changes by the deadline specified in the notice of required changes and must continue to operate the licensed premises in accordance with the requirements set out in the notice.
S.M. 2008, c. 20, s. 22; S.M. 2011, c. 31, s. 19.
A licensee may appeal a notice of required changes issued under section 96.1 by giving written notice of appeal to the commission within 14 days after being served with the notice.
The filing of an appeal operates as a stay of the licensee's obligation to make the required changes.
Licensing Board to hear appeal
An appeal is to be heard on an expedited basis by the Licensing Board.
After hearing the appeal, the Licensing Board may
(a) quash, vary or confirm the notice of required changes; and
(b) confirm the time for the licensee to make the required changes or extend it, in which case the licensee must make the required changes by the deadline specified by the Licensing Board.
An inspector or constable may order that licensed premises be closed immediately and not reopen for a period not longer than 12 hours if the inspector or constable determines that there is an immediate threat to the safety of patrons for any reason, including overcrowding, widespread intoxication or the potential for violence in the premises or in the immediate vicinity of the premises.
Licensed premises that are open and serving meals to patrons on New Year's Eve may, notwithstanding any other provision of this Act, remain open and serve liquor to patrons until 3:00 a.m. of New Year's Day for consumption with meals.
Except as otherwise authorized by the commission, no person holding a licence issued under clauses 60(1)(a) to (g) shall sell, serve, or permit to be given or supplied at any one time to a person on the licensed premises more than
(a) 750 ml of beer;
(b) 85.2 ml of spirits or fortified wine; or
(c) 500 ml of table wine.
Except as otherwise authorized by the commission, a licensee referred to in subsection (1) shall ensure that no patron in the licensed premises is in possession of more than two containers of spirits, beer or wine — whether full or partially full — at any one time.
S.M. 1988-89, c. 27, s. 6; S.M. 2008, c. 20, s. 23; S.M. 2011, c. 31, s. 21.
Every person who is in any premises licensed under clause 60(1)(a) to (g) and who has purchased liquor therein may consume the liquor during the 60 minutes immediately following the time when the sale of liquor in the premises is required to cease and thereafter all unconsumed liquor shall be removed and destroyed by the licensee.
Repealed, S.M. 2005, c. 9, s. 14.
Where licensed premises are situated in an area where in the opinion of the commission an event of community, municipal, provincial or national significance is to take place, the commission may, for the purpose of the event, in writing and subject to such terms, conditions and hours of operation as it may prescribe, allow the sale, service or consumption of liquor, or extend the period during which liquor may be sold, served or consumed, in the premises.
Consumption in licensed premises
Except when otherwise authorized under this Act, liquor purchased in premises licensed under clauses 60(1)(a) to (i) shall be consumed in the licensed premises in which it was purchased.
No consumption in retail premises
Subject to subsection (3), no member of the public shall consume liquor in a liquor store or specialty wine store, or in licensed retail premises.
A member of the public may consume a complimentary sample of liquor offered in accordance with the regulations in a liquor store or specialty wine store, or in licensed retail premises.
Proof of the removal of any liquor from licensed premises other than as authorized by this Act is admissible in evidence against the licensee of the premises as prima facie proof of the sale of the liquor contrary to this Act.
Every licensee shall post in a prominent position in the licensed premises and keep posted the licence for the premises.
The commission shall set for each licensed premises the maximum number of people who may be in those premises at any one time.
Licensee to respect maximum capacity
No licensee shall allow on the licensed premises more people than authorized by the commission for those premises.
The commission may, in the case of any licensed premises, order that no liquor be sold therein during such period or on such day or days as may be specified in the order.
A licensee may sell or serve liquor in licensed premises at any time when the sale or service of liquor is not prohibited under this Act, but nothing in this Act compels a licensee to be open for business at any time.
S.M. 1993, c. 40, s. 32; S.M. 2001, c. 20, s. 17.
Storage of liquor by licensees
A licensee shall keep liquor, purchased under the authority of the licence, in such manner, under such conditions and in such place as is prescribed in regulations.
A licensee may sell or permit to be sold on the licensed premises only liquor that has been purchased under the licence from the commission or a specialty wine store.
A licensee may only sell or permit to be sold liquor on the licensed premises on the days and during the hours specified for that class of licensed premises.
Repealed.
PROHIBITIONS AND PENALTIES
Except as authorized by this Act, no person shall, within the Province of Manitoba, by himself, his clerk, servant, or agent, expose or keep for sale, or directly or indirectly or upon any pretence, or upon any device, sell or offer to sell, liquor.
Subject to subsections (3) and (3.1), no distiller, brewer, or wine manufacturer, and no officer, employee, or agent of any distiller, brewer, or wine manufacturer, shall make, or offer to make, a gift of liquor to any person.
Subject to the regulations, subsection (2) does not prevent
(a) a brewer from giving beer to his employees or to casual visitors to his brewery if the beer is consumed by the recipient on the brewery premises; or
(b) a distiller from giving spirits to his employees or casual visitors to his distillery if the spirits are consumed by the recipient on the distillery premises; or
(c) a wine manufacturer from giving wine to his employees or to casual visitors to his winery if the wine is consumed by the recipient on the winery premises.
Donations for charitable auctions permitted
Subject to the regulations, subsection (2) does not prevent a distiller, brewer or wine manufacturer, or an officer or agent of any of them, from donating liquor for a charitable auction conducted under the authority of a special permit issued under subsection 39(2.1).
No distiller, brewer, or wine manufacturer and no officer, employee, or agent of any distiller, brewer, or winery licensee shall make, or offer to make, a gift of any kind to any person who is a liquor vendor or an operator of a specialty wine store or is the licensee named in a licence issued under subsection 60(1), or is an employee of such a licensee.
Acceptance of certain gifts prohibited
No person who is a liquor vendor or an operator of a specialty wine store or is the licensee named in a licence issued under subsection 60(1), or is an employee of such a licensee shall accept, or ask for, a gift of any kind from a distiller, brewer, or wine manufacturer, or from an officer, employee, or agent of a distiller, brewer, or wine manufacturer.
Nothing in this section prevents a distiller, brewer or wine manufacturer who is otherwise in compliance with this Act and the regulations, or any officer, employee or agent thereof, for the purpose of promoting a product or products of the distiller, brewer or wine manufacturer, subject to such terms and conditions as the commission may prescribe, from
(a) displaying liquor; or
(b) providing complimentary servings of liquor, by the glass or bottle, for taste sampling, to invited guests or other persons authorized to be present;
at a function undertaken, organized and operated for that purpose or for another purpose related thereto.
Nothing in this section prevents a distiller, brewer or wine manufacturer who is otherwise in compliance with this Act and the regulations, or any officer, employee or agent thereof, for the purpose of promoting a product of the distiller, brewer or wine manufacturer, from giving a complimentary sample of the product to any licensee or any officer or employee of a licensee.
For the purposes of subsections (2) to (7), the holder of a brew pub licence is not a brewer and those provisions do not apply to the holder, except as provided by a regulation made under subsection 78.1(8).
S.M. 1993, c. 40, s. 35; S.M. 2008, c. 20, s. 24; S.M. 2011, c. 31, s. 22.
Except as authorized by this Act, no person within the province, by himself, his clerk, servant, or agent, shall
(a) have or keep or give liquor purchased from the commission, an operator of a specialty wine store, the holder of a brew pub licence, a beer vendor, liquor vendor or retail licensee, or lawfully brought into the province as provided in section 58, in a place other than in a place where the having, keeping or giving of the liquor is authorized under subsection 56(1), or in a vehicle, in the manner authorized by section 117; or
(b) have or keep liquor not purchased from the commission, an operator of a specialty wine store, the holder of a brew pub licence, a beer vendor, liquor vendor or retail licensee, or lawfully brought into the province as provided in section 58.
S.M. 1993, c. 40, s. 36; S.M. 2011, c. 31, s. 23.
Exception for certain lawful possession
Nothing in section 112 applies to liquor lawfully in the possession of any person that is liquor being conveyed by a person from his residence to another intended residence, during the course of a bona fide change of residence.
No purchase or use of non-potable intoxicating substance as beverage
No person shall
(a) purchase or attempt to purchase for use as a beverage;
(b) have in his or her possession for use as a beverage; or
(c) consume or use as a beverage;
any substance designated as a non-potable intoxicating substance under subsection 11(3).
No person acting as an official or servant of, or in any capacity for, the commission, and no person authorized by or under this Act to sell liquor, shall sell liquor in any other place or at any other time, or in any other quantities, or otherwise than as authorized by this Act.
Unlawful sale for purposes of resale
No person shall, by himself or his partner, servant, clerk, agent, or otherwise, sell or deliver liquor of any kind to any person not entitled to sell liquor and who sells the liquor and who buys for the purpose of reselling.
Unlawful transportation for resale
No person shall take or carry, or employ or suffer any other person to take or carry, any liquor out of any premises where the liquor is lawfully kept for sale for the purpose of being sold in the province by any person not authorized by this Act to sell such liquor.
Except as otherwise authorized by this Act, no person shall by himself, his clerk, employee, servant, or agent, send or cause to be sent, or bring or carry, or cause to be brought or carried, any package or vessel containing liquor from any person or place in Manitoba to
(a) any person who may not lawfully purchase and consume liquor; or
(b) any place where the liquor may not lawfully be kept.
Carriage between lawful places
Nothing in this Act prohibits a person from carrying on his person liquor that he has lawfully purchased from a place where he may lawfully have and keep that liquor to any other place where he may lawfully have and keep that liquor; if
(a) the bottle, vessel, or package, containing the liquor has not been opened since it was purchased;
(a.1) in the case of a bottle of wine recorked in accordance with subsection 95(2), the bottle has not been opened since it was recorked;
(b) in the case of beer, the bottles or other receptacles in which it is contained are enclosed in a carton or container
(i) that is closed, fastened, or sealed, in the manner prescribed in the regulations; and
(ii) that has not been opened since it was purchased from the commission, or from the holder of a beer vendor's licence or a brewer's retail licence.
A person who has lawfully purchased liquor under this Act shall, within such period as is reasonably necessary for the purpose and no longer, carry it to a place where it may be lawfully had, kept, and consumed.
A person who is in lawful possession of liquor may transport or carry it in a train, bus, or aircraft if it is enclosed in, and remains in, his personal baggage.
S.M. 1993, c. 40, s. 38; S.M. 2005, c. 9, s. 16.
Subject to subsections (2) and (3), a person who is in lawful possession of liquor may transport or carry it in a vehicle
(a) if the bottle, vessel, or package containing the liquor has not been opened since it was lawfully purchased in Manitoba, or lawfully brought into the province as provided in section 58; or
(b) where the bottle, vessel, or package containing the liquor has been opened since it was lawfully purchased in Manitoba, or lawfully brought into the province as provided in section 58, if it is
(i) in the trunk or space designed for the carriage of baggage and parcels; or
(ii) in some other receptacle on the exterior of the vehicle;
and is not, in any case, in that part of the interior, tonneau, or cab of the vehicle intended for the accommodation of the driver and other persons being carried thereon.
Beer shall not be carried in that part of the interior, tonneau, or cab, of a motor vehicle intended for the accommodation of the driver and other persons being carried thereon, unless the bottles or other receptacles in which it is contained are enclosed in a carton or container
(a) that is closed, fastened, or sealed, in the manner prescribed in the regulations; and
(b) that has not been opened since it was purchased from the commission, the holder of a brew pub licence or from the holder of a beer vendor's licence or a brewer's retail licence, or was lawfully brought into the province as provided in section 58.
No person shall transport, carry, or have liquor in a motor vehicle had, kept, used, intended for use, or operated for the transportation of persons for compensation unless the liquor is lawfully in his possession and he is a bona fide passenger in the motor vehicle, and the liquor is being transported or carried in compliance with subsections (1) and (2).
Notwithstanding subsection (1) or (2), a person who is in lawful possession of liquor may transport or carry it in a station wagon or in a "hatchback" type of vehicle where the bottle, vessel or package containing the liquor has been opened since it was lawfully purchased in Manitoba, or lawfully brought into the province as provided in section 58, if it is transported or carried at a place to the rear of the second seat of the vehicle whether or not that seat is in upright or folded position.
Notwithstanding subsection (1) or (2), a person who is in lawful possession of liquor may transport or carry it in a motor home where the bottle, vessel or package containing the liquor has been opened since it was lawfully purchased in Manitoba, or lawfully brought into the province as provided in section 58, if it is kept in a cabinet away from the driver's area during the time that the motor home is being driven or operated on a highway and not being used as a residence.
S.M. 1993, c. 40, s. 39; S.M. 2011, c. 31, s. 24.
Except as provided herein or in the regulations, no person shall consume, or permit the consumption of, liquor in or upon a distillery, brewery, liquor warehouse, beer depot, liquor store, pharmacy, or other place or premises where liquor is kept for sale, delivery or export, except in the case of liquor lawfully purchased for consumption in licensed premises wherein the consumption of liquor is lawful.
No person shall purchase liquor from a person who is not authorized to sell the liquor.
Consumption on place of purchase
No person who purchases liquor shall drink liquor, or cause anyone to drink it or allow liquor to be drunk, upon the premises where it is purchased except in the case of liquor lawfully purchased for consumption in licensed premises wherein the consumption of liquor is lawful.
Consumption only after lawful purchase
No person shall use or consume liquor purchased from any person within the province, unless it is lawfully purchased and lawfully received from some person authorized to sell the liquor for consumption within the province.
The commission may establish a liquor store, for such temporary period of time as it may determine, at any trade show being conducted in a licensed area, for the purpose of allowing persons attending the trade show to purchase liquor by the bottle, but any liquor so purchased may not be consumed in that licensed area.
No person shall consume liquor in a public place.
Subject to the regulations, a person may possess and consume liquor in a washroom that is within or adjacent to
(a) licensed premises; or
(b) premises for which an occasional permit has been issued;
if the person is otherwise legally authorized to possess and consume the liquor in those premises.
Subsection (1) does not apply to the consumption of liquor lawfully purchased under a special permit or an occasional permit authorizing its use or consumption in a public place, or to the lawful consumption of liquor in licensed premises.
No person shall be disorderly in or about licensed premises.
Eviction of disorderly persons
Where a licensee of licensed premises, or the licensee's authorized employee, finds that a person in the premises is being disorderly within the meaning of subsection (4), and the licensee or authorized employee requests the person to leave the premises, the person shall forthwith leave and shall not on the same day re-enter the premises.
No person shall consume liquor in a motor home unless the motor home is
(a) actually occupied and being used as a residence;
(b) stationary; and
(c) not situated on a highway.
No person shall consume liquor on a boat unless
(a) the boat is moored at a stationary dock and is bona fide and actually occupied and used by its owner, lessee or tenant solely as a private dwelling; or
(b) a licence or permit permitting the serving of liquor has been issued in respect of the boat and the liquor is consumed in accordance with that licence or permit.
No person shall, in any licensed premises, be in possession of
(a) a knife, other than a knife provided by the licensee as part of the food service; or
(b) a weapon.
In subsection (7), "weapon" has the same meaning as it has in the Criminal Code (Canada).
No person shall wear gang colours in any licensed premises.
In subsection (9), "gang colours" means a sign, symbol, logo or other representation identifying, associated with or promoting a group of persons who conspire to engage in unlawful activities.
S.M. 1988-89, c. 5, s. 1; S.M. 1993, c. 40, s. 40; S.M. 2001, c. 20, s. 18; S.M. 2002, c. 56, s. 16; S.M. 2006, c. 39, s. 2; S.M. 2008, c. 20, s. 25.
Except as permitted by this Act, no person shall give, sell or otherwise supply liquor or a controlled beverage to a person under the age of 18 years.
Subsection (1) does not apply to the giving or supplying of liquor or a controlled beverage
(a) for medicinal purposes, by the parent or guardian of that person, or by a physician or dentist, or on prescription;
(b) by the parent, guardian, spouse or common-law partner of that person, if it is given or supplied to the person in a residence.
121(3) and (3.1) Repealed, S.M. 1993, c. 40, s. 41.
The court may acquit a person (in this subsection referred to as the "supplier") who gives, sells or otherwise supplies liquor or a controlled beverage to another person who is under the age of 18 years if the court is satisfied
(a) that the other person appeared at the time of the alleged offence to be over the age of 18 years and the supplier did not know or have any reason to suspect that the person was under the age of 18 years; or
(b) that the supplier did not know that the other person was under the age of 18 years and
(i) requested, and had produced to him or her by the other person, a valid and subsisting driver's licence issued or purported to be issued by or under the authority of the government of any country, province, state, district or territory that
(A) displayed a photograph of, and the name and date of birth of, that other person,
(B) indicated that the other person was at least 18 years of age, and
(C) was such that there was no apparent reason to doubt the authenticity of the driver's licence, that it was valid and subsisting or that it was issued to the person producing it, or
(ii) after having made a request under subclause (i), was satisfied that the person did not have a driver's licence of the kind requested, or did not have a driver's licence of the kind requested in his or her possession, and requested and had produced to him or her by the other person identification issued or purported to be issued by or under the authority of the government of, or any agency of the government of, any country, province, state, district or territory that
(A) displayed a photograph of, and the name and date of birth of, that other person,
(B) indicated that the other person was at least 18 years of age, and
(C) was such that there was no apparent reason to doubt the authenticity of the identification or that it was issued to the person producing it.
No person shall attempt to purchase liquor or enter licensed premises by presenting identification that
(a) has been altered or defaced to misrepresent the actual age or identity of the person;
(b) was not legally issued to him or her; or
(c) was issued to another person.
Prohibition on providing identification
No person shall knowingly provide his or her identification to a person under 18 years of age with the intent of enabling that person to purchase liquor or to enter licensed premises.
Any person under the full age of 18 years who has in his possession or consumes liquor, other than as permitted by this Act, is guilty of an offence.
S.M. 1988-89, c. 27, s. 8; S.M. 1993, c. 40, s. 41; S.M. 2001, c. 20, s. 19; S.M. 2008, c. 20, s. 26; S.M. 2011, c. 31, s. 25.
Drunkenness, assisting in causing
No person shall
(a) permit drunkenness to take place in any house, building, or premises of which he is the owner, tenant, or occupant; or
(b) permit or suffer any person apparently under the influence of liquor to consume liquor in any house, building, or premises of which the first named person is owner, tenant, or occupant; or
(c) give, sell, or otherwise supply liquor to any person apparently under the influence of liquor.
Unlawful possession of liquor in hotels
No person shall have or keep liquor in a room in a hotel unless
(a) he is the resident owner, proprietor, manager, or operator thereof; or
(b) he is an employee resident and employed therein; or
(c) he is a bona fide guest in the hotel, duly registered in the office thereof as occupant of that room, and has baggage and personal effects belonging to him in the hotel; or
(d) he is a bona fide guest of any of the persons to whom clauses (a), (b), and (c) refer.
This section does not apply in the case of
(a) liquor lawfully kept by a licensee;
(b) liquor had or kept in a hotel under an occasional permit for consumption in the hotel at the social occasion for which the permit was issued.
Subject to subsection (2.1), no member or employee of the commission shall be directly or indirectly interested or engaged in any other business or undertaking dealing in liquor, whether as owner, part owner, partner, member of syndicate, shareholder, agent, or employee, and whether for his own benefit or in a fiduciary capacity for some other person.
Subject to subsection (2.1), no member or employee of the commission and no employee of the government shall solicit or receive, directly or indirectly, any commission, remuneration or gift whatsoever from any person or corporation having sold, selling, or offering for sale liquor to, or purchasing liquor from, the commission in pursuance of this Act.
An employee of the commission may also be employed by a person purchasing liquor from the commission and may receive remuneration and other benefits from that person if he or she has approval to do so from the commission.
Except for paying remuneration and other benefits to an employee in the circumstances set out in subsection (2.1), no person selling or offering for sale liquor to, or purchasing liquor from, the commission, shall, either directly or indirectly, offer to pay any commission, profit, or remuneration, or make any gift to any member or employee of the commission, or to any employee of the government, or to any one on behalf of the member or employee.
Except as required or permitted by this Act or by any other Act of the Legislature or by an Act of Parliament, or as permitted by the regulations, no person shall
(a) unless specifically authorized by the commission, canvass for, receive, take, or solicit, orders for the purchase or sale of liquor or act as agent or intermediary for the sale or purchase of liquor, or hold himself out as such an agent or intermediary; or
(b) exhibit, display, print, publish, or broadcast, or cause or permit to be exhibited, displayed, printed, published, or broadcasted an advertisement or notice about or concerning liquor or indicating persons or places from whom or where liquor may be obtained.
This section does not prohibit
(a) the commission from publishing or displaying notices concerning liquor; or
(b) the commission or licensee displaying containers of liquor in places where it may be lawfully sold or consumed; or
(c) a person from canvassing for, or receiving, taking or soliciting, orders from the commission for the purchase of liquor by the commission.
PENALTIES
Every person who violates any provision of this Act or the regulations is guilty of an offence against this Act, whether otherwise so declared or not.
Every person, not being a corporation, who offends against any provision of subsection 111(1), clause 112(b), subsection 121(1) or clause 122(c), or any provision of a regulation made under subsection 11(3.1), is guilty of an offence and is liable, on summary conviction,
(a) in the case of a first offence, to a fine of not less than $2,000 and not more than $20,000 or to imprisonment for a term of not more than six months or to both; and
(b) in the case of a second or subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 18 months or to both.
Major offences by corporations
Every corporation that offends against any provision of subsection 111(1), clause 112(b), subsection 121(1) or clause 122(c), or any provision of a regulation made under subsection 11(3.1), is guilty of an offence and is liable, on summary conviction,
(a) in the case of a first offence, to a fine of not less than $5,000 and not more than $50,000; and
(b) in the case of a second or subsequent offence, to a fine of not less than $10,000 and not more than $100,000.
S.M. 1992, c. 49, s. 4; S.M. 1993, c. 40, s. 42; S.M. 2001, c. 20, s. 20; S.M. 2008, c. 20, s. 27.
Every person, not being a corporation, who offends against any provision of this Act other than a provision of subsection 111(1), clause 112(b), subsection 121(1) or clause 122(c), or against any provision of a regulation made under subsection 11(3.1) is guilty of an offence and is liable, on summary conviction,
(a) in the case of a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than three months or to both; and
(b) in the case of a second or subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months or to both.
General offences by corporations
Every corporation that offends against any provision of this Act other than a provision of subsection 111(1), clause 112(b), subsection 121(1) or clause 122(c), or against any provision of a regulation made under subsection 11(3.1) is guilty of an offence and is liable, on summary conviction,
(a) in the case of a first offence, to a fine of not more than $10,000; and
(b) in the case of a second or subsequent offence, to a fine of not less than $2,000 and not more than $50,000.
S.M. 1992, c. 49, s. 5; S.M. 1993, c. 40, s. 42; S.M. 2001, c. 20, s. 21; S.M. 2008, c. 20, s. 28.
No person,
(a) in making application for any licence or permit; or
(b) in any written order for the purchase of liquor signed by him; or
(c) in any return, report or certificate required under this Act or the regulations;
shall make an assertion with respect to a matter of fact, opinion, belief or knowledge, knowing that the assertion is false.
Where an offence against this Act is committed by a corporation, the officer or agent of the corporation in charge, or apparently in charge, of the premises in which the offence is committed shall prima facie be presumed to be a party to the offence so committed, and is personally liable to the penalties prescribed for the offence as a principal offender; but nothing in this section relieves the corporation, or the person who actually committed the offence, from liability therefor; and in the case of any such offence, the corporation, the officer or agent and the person who actually committed the offence may all or each be found guilty of the offence.
Upon proof that an offence against this Act has been committed by a person in the employ of the occupant of any house, shop, hotel, restaurant, room, or other premises in which the offence is committed, or by any person who is suffered by the occupant to be or remain in or upon the house, shop, hotel, restaurant, room, or premises, or to act in any way for the occupant, the occupant shall prima facie be presumed to be a party to the offence so committed, and on conviction is liable to the penalties prescribed for the offence as a principal offender, notwithstanding the fact that the offence was committed by a person who is not proved to have committed it under or by the direction of the occupant; but nothing in this section relieves the person actually committing the offence from liability therefor; and in the case of any such offence, the occupant and the person who actually committed the offence may be both or each found guilty of the offence.
Liability of licensee or permittee
Upon proof that an offence against this Act has been committed by a person in the employ of a licensee or permittee, the licensee or permittee shall prima facie be presumed to be a party to the offence so committed, and on summary conviction is liable to the penalties prescribed for the offence as a principal offender; but nothing in this section relieves the person actually committing the offence from liability therefor, and both the person committing the offence and the licensee or permittee may each or both be found guilty of the offence.
EVIDENCE
In a prosecution or proceeding under this Act, the certificate of analysis furnished by an analyst is admissible in evidence as prima facie proof of the facts stated therein and of the authority of the person giving or issuing the certificate without further proof of his appointment or signature.
Inference as conclusive evidence
Where a constable or inspector seizes a container under circumstances that give rise to a reasonable inference that the contents of the container are liquor, then in the absence of evidence to the contrary the contents shall be conclusively deemed to be liquor.
In prosecutions or proceedings under this Act in which proof is required
(a) as to the issue, surrender, cancellation, or suspension of a permit or licence issued under this Act; or
(b) that any such permit or licence is or is not in force; or
(c) as to the person who is the permittee or licensee in any such permit or licence, or who is a brewer or distiller; or
(d) as to the delivery, serving, mailing, or giving, of any notice or document by the commission; or
(e) as to any resolution or minute in the books of, or any order, direction or permission by, the commission; or
(f) as to the kind, quantity, and price of any liquor sold by the commission on a permit or licence, or otherwise as provided in this Act;
a certificate signed by a member of the commission or an officer or employee of the commission authorized by the commission for the purpose, certifying thereto is prima facie proof of the facts stated in the certificate and of the authority of the chairperson or member of the commission without any proof of his or her appointment or signature.
The fact that the person charged in an information or complaint laid, made, given, or taken, under this Act has the same name as the person who is referred to as being the permittee or licensee in any certificate aforesaid certifying as to the person who is the permittee or licensee in any permit or licence is prima facie proof that the person so charged is the permittee or licensee, as the case may be.
The method of proof provided by this section is in addition to, and not in substitution for, any other method of proof of the matter referred to herein.
Certificate to be sent to commission
A justice, on the conviction of any person for an offence against this Act, shall send forthwith to the commission a certificate of the conviction; and if the person is a permittee, the commission shall thereupon suspend the permit of the person.
ENFORCEMENT OF ACT
The duty of seeing that this Act is complied with, and of enforcing it, and of prosecuting offences against it devolves upon all inspectors and constables.
Nothing herein releases the persons employed by the government under the minister or under the Minister of Justice or the inspectors from any responsibility for seeing to the enforcement of this Act or prevents them or any of them from doing any act or taking any proceeding to the end that this Act may be enforced in any municipality.
Nothing herein prevents any person from laying an information or prosecuting in respect of any offence or supposed offence against this Act.
S.M. 1993, c. 48, s. 74; S.M. 2009, c. 32, s. 99.
When fines paid to municipality
Where a person is convicted of an offence against this Act through the action of a constable or other officer appointed by a municipality or by a police board or otherwise through the action of a municipality, the convicting justice shall pay to the municipality the fine recovered through the conviction if no appeal is made from the conviction forthwith after the time herein limited for the making of the appeal.
Where an appeal is made from the conviction, the justice shall remit the fine to the Minister of Finance; and if the determination of the appeal is against the person convicted the Minister of Finance shall forthwith thereafter pay the amount of the fine or of the fine imposed by the Court of Queen's Bench, as the case may be, to the municipality that would have recieved it from the justice had no appeal been made.
Where the conviction was secured by the municipality with the assistance of the Royal Canadian Mounted Police, the convicting justice may apportion the fine between the municipality and the government.
S.M. 1989-90, c. 91, s. 13; S.M. 2009, c. 32, s. 99.
POWERS OF CONSTABLES AND INSPECTORS
Every constable and every inspector may enforce any provision of this Act and every person who interferes or obstructs or attempts to interfere or obstruct a constable or inspector in the execution of his duties is guilty of an offence.
Any constable or inspector may, at any reasonable time, enter upon any premises in respect of which a licence or permit has been issued or upon the premises of a specialty wine store and there conduct an inspection to ensure that the provisions of this Act and the regulations and the terms and conditions of the licence or permit or the terms and conditions of the agreement under subsection 17.1(1) in respect of the specialty wine store are being complied with.
Every person, being within or having charge of premises, who refuses or fails to admit a constable or inspector seeking entry to the premises for the purposes of conducting an inspection under subsection (1), or who obstructs or attempts to obstruct the entry of the constable or inspector to the premises or the inspection, is guilty of an offence under this Act.
Any constable or inspector who finds any person committing, or who on reasonable and probable grounds believes that any person is committing, an offence against this Act may arrest the person without warrant.
Seizure of liquor unlawfully kept
Any constable or inspector acting in the course or scope of duty who finds liquor which the constable or inspector believes, on reasonable and probable grounds, is had or kept in violation of any provision of this Act, may seize the liquor and the packages in which the liquor is kept and bring them before a justice or report on it to a justice to be dealt with according to law.
A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that
(a) liquor is being, or has been, unlawfully had or kept, or had or kept for an unlawful purpose; and
(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of liquor or other thing which affords evidence of a violation referred to in clause (a);
may at any time, and where necessary upon ex parte application, issue a warrant authorizing any person named therein, or any constable or inspector, to enter and search the building, receptacle, vehicle, or place for the book, record, document, liquor or thing and to seize and bring it before a justice to be dealt with according to law.
Where a constable or inspector believes, on reasonable and probable grounds, that
(a) liquor is being, or has been, unlawfully had or kept, or had or kept for an unlawful purpose; and
(b) there is to be found in any vehicle or other conveyance in the province a book, record, document, quantity of liquor or other thing which affords evidence of a violation referred to in clause (a);
and it is not practicable in the circumstances to obtain a warrant in accordance with section 140, the constable or inspector may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.
Where a constable or inspector, in making or attempting to make any search and seizure authorized under section 140, finds
(a) any liquor which he or she believes, on reasonable and probable grounds, is unlawfully had or kept, or had or kept for an unlawful purpose; or
(b) any book, record, document or other thing which he or she believes, on reasonable and probable gounds, will afford evidence of a violation of this Act or the regulations;
the constable or inspector may seize the liquor and the packages in which it is kept, or the book, record, document or other thing, and bring it or them before a justice to be dealt with according to law.
Where any person is convicted for unlawfully keeping liquor for sale, or for unlawfully having or keeping liquor, or for unlawfully purchasing liquor, the judge or justice making the conviction may order, at the time of the conviction or subsequently, that any liquor which has been seized under this Act and the packages in which the liquor is kept, or any part thereof, be forfeited to Her Majesty in right of Manitoba.
Where liquor has been seized under this Act and subsequently a person is charged with an offence under an Act of Parliament or under an Act of the Legislature, if the judge or justice before whom proceedings on the charges are brought is satisfied
(a) from evidence adduced in the matter; or
(b) where no evidence is adduced because the accused has entered a plea of guilty to the charge, from information submitted to the court;
that the liquor was had and kept in a manner not authorized by this Act, the judge or justice may order, at the time of the proceedings on the charge or subsequently, that the liquor and the packages in which it is kept, or any part thereof, be forfeited to Her Majesty in right of Manitoba.
Where a constable or inspector seizes liquor under any Act of the Legislature, he shall immediately make an accurate inventory thereof and forward the inventory to the commission.
Where liquor has been seized under the authority conferred by this Act, any constable or inspector or the person seizing the liquor, shall forthwith give information under oath before a justice, who shall thereupon issue his summons directed to the shipper, consignee, or owner of the liquor, if known, calling on him to appear at a time and place named in the summons and show cause why the liquor should not be destroyed or otherwise dealt with as provided by this Act.
The summons shall be made returnable within 30 days after the service thereof.
It is sufficient service of the summons if it is delivered to the shipper, consignee or owner, or is left with some grown-up person at the express office, railway station or other place in which the liquor is found, or with the owner of the lands on which it is found.
At the time and place named in the summons any person who claims that the liquor is his property, and that it is not intended to be sold or kept for sale in violation of this Act, or was not unlawfully purchased, or was not unlawfully kept or had, or kept or had for an unlawful purpose, may appear to give evidence before the justice; and the justice shall receive the evidence and the evidence of the person who seized the liquor and such other evidence as may be adduced in the same manner as upon a complaint or information made under the Act.
When liquor may be confiscated
Where no person claims to be the owner of the liquor, or where the justice disallows the claim, and finds that it was intended that the liquor was to be sold or kept for sale in contravention of this Act, or was unlawfully purchased, or was unlawfully kept, or had, or kept or had for an unlawful purpose, the justice may order that the liquor and any vessels or packages containing it shall be forfeited to Her Majesty.
Where the justice finds that the claim of any person to be the owner of the liquor is established, and that it does not appear that it was intended to sell or keep the liquor for sale in contravention of this Act or that it was not unlawfully purchased, or was not unlawfully kept or had, or kept or had for an unlawful purpose, he shall dismiss the complaint and order that the liquor be restored to the owner.
Where it appears to the justice that the liquor or any part thereof was consigned to some person in a fictitious name, or was shipped as other goods, or was covered or concealed in such a manner as would probably render more difficult the discovery of the nature of the contents of the vessel, cask, or package in which it was contained, the fact so appearing is admissible in evidence as prima facie proof that the liquor was intended to be sold or kept for sale in contravention of this Act, or was unlawfully purchased, or was unlawfully kept or had, or kept or had for an unlawful purpose.
Where in a prosecution under any Act of the Legislature it appears to the justice or court that liquor has been unlawfully had or kept or had or kept for an unlawful purpose, he or it may order the liquor forfeited to Her Majesty.
Where a justice makes an order for the forfeiture of liquor under any provision of this Act, or liquor is otherwise forfeited hereunder, or being seized is not claimed by any person within six months of the seizure, the liquor in question and the vessels, packages, or other receptacles in which the liquor is kept may be sold to the commission or destroyed or otherwise disposed of as the minister may direct; and the proceeds of any such sale shall be forthwith transmitted to the Minister of Finance to form part of the Consolidated Fund.
LOCAL OPTION
In this Part,
"election" means the taking of a vote on a by-law under this Part; (« élection »)
"electors" means the persons who, under subsection 21(1) of The Municipal Councils and School Boards Elections Act, are
(a) eligible to vote in an election within the municipality, for a vote under this Part; and
(b) on the voters list of the municipality; for a petition under this Part; (« électeurs »)
"licence prohibiting by-law" means a by-law to which subsection 151(4) refers; (« arrêté prohibant les licences de vente »)
"local option by-law" means a by-law of a municipality forbidding the local sale of liquor in the municipality; (« arrêté d'option locale »)
"local sale" means
(a) the sale of liquor in a municipality by liquor stores therein, operated on the cash and carry system, and by licensees holding licences of any one or more of the classes mentioned in subsection 60(1); and
(b) the establishment of places from which brewers may deliver beer. (« vente locale »)
Application of Part to specialty wine stores
The provisions of this Part as they relate to liquor stores apply to specialty wine stores with such modifications as the circumstances require.
Application of by-laws to specialty wine stores
The provisions of a by-law of a municipality under this Part that have the effect of prohibiting a liquor store in the municipality are deemed to apply to a specialty wine store with such modifications as the circumstances require.
No by-law under this Part shall have the effect of prohibiting a specialty wine store if there is a liquor store in the municipality.
S.M. 1993, c. 40, s. 44; S.M. 2005, c. 27, s. 156.
Notwithstanding any other provision of this Act, the council of a municipality may give first reading to any by-law of a kind mentioned in this Part and, subject to submitting the by-law to a vote, and to obtaining approval of the by-law by the required majority of the duly qualified electors of the municipality, may pass the by-law where no petition therefor has been filed as provided in this Part.
Municipality under local option
A municipality is under local option when, on a vote taken in the municipality under this Part, a majority of the duly qualified electors voting vote against the local sale of liquor, and continues to be under local option until the by-law passed as a result of the vote is repealed as a result of a subsequent vote under this Part, or until, as a result of the vote under this Part, a by-law is passed approving the issue in the municipality of licences of any one or more of the classes mentioned in subsection 60(1).
Subject as herein provided, in any municipality under local option
(a) subject to subsection (3), no liquor store shall be established, maintained, or operated, and any existing liquor store therein at the date of the coming into force of the by-law shall be forthwith discontinued;
(b) no licence of any of the kinds mentioned in subsection 60(1) shall be issued in respect of any premises therein, and any such licence in respect of premises in the municipality existing at the date of the coming into force of the by-law shall thereafter be void; and
(c) no place shall be fixed or approved as a place in or from which beer may be sold or delivered; and if any place remains so fixed or approved at the date of the coming into force of the by-law, the use thereof for those purposes shall forthwith be discontinued and any existing permission covering it, issued by the commission, granting permission to make delivery of beer therefrom shall forthwith be void.
Effect of licensed sale by-law
Where a municipality,
(a) immediately before the coming into force of this Act, by virtue of a by-law passed under the former Act was under local option within the meaning of that Act; or
(b) is under local option within the meaning of this Act;
and the council thereof passes a licensed sale by-law after approval thereto is given by the electors as herein provided, the local option by-law under the former Act or under this Act continues to be valid and effective except in so far as it is inconsistent with the licensed sale by-law so passed, and except in so far as it is inconsistent with section 16.
In cities and towns liquor stores or warehouses for the distribution of liquor, otherwise than by the cash and carry system, may be established and continued.
Subject as herein otherwise provided, the council of any municipality, on a petition therefor being filed with the clerk, as herein provided, may give first and second readings to a by-law prohibiting the issue of any class of licence in respect of premises in the municipality; and thereafter shall submit the by-law to a vote of the duly qualified electors of the municipality; and, subject to subsection (5), all the provisions of this Act applicable to a local option by-law and a by-law to repeal a local option by-law apply to a by-law to which this subsection applies and to any by-law to repeal such a by-law.
Effect of by-law prohibiting beer sales
Where a licence prohibiting by-law is passed, no licence of the class prohibited by the by-law shall be issued in respect of any premises in the municipality until the by-law is repealed as herein provided, and any such licence existing at the date of the coming into force of the by-law shall thereafter be void.
A petition for a licence prohibiting by-law may be in the form set out in subsection 153(1) in respect of a local option petition, with such modifications as the circumstances require, and substituting for the words "Local Sale of Liquor" appearing therein, the words "Issue of Licences".
Subject as herein otherwise provided, the commission may issue, in respect of premises in a municipality, a licence of any one or more of the classes mentioned in subsection 60(1) only if a by-law approving the issue of that class or those classes of licences in respect of premises in a municipality is in force.
Where a by-law, or that part of a by-law, approving the issue in a municipality of licences of any one or more of the classes mentioned in subsection (1) is repealed as a result of a subsequent vote under this Part, every licence of the class to which the repealing by-law refers, respecting premises in a municipality and existing at the date of the coming into force of the by-law, is thereafter void.
Limitation on certain licences
No beverage room licences shall be issued in respect of premises in a municipality unless approval has been given in the by-law to the issue therein of dining room licences; and no cocktail lounge licences shall be issued in respect of premises in a municipality unless approval has been given in the by-law to the issue therein of dining room licences.
For the purposes of this Act, where a municipality is created from an area previously in unorganized territory, if, prior to the creation of the municipality, the Lieutenant Governor in Council approved the issue of a licence of any of the classes mentioned in subsection 60(1) in respect of premises in the area that was previously unorganized territory, the municipality shall be conclusively deemed to have passed a valid licensed sale by-law under this Part approving the issue of licences of the class of licence the issue of which was approved by the Lieutenant Governor in Council for premises in that area.
Where the Lieutenant Governor in Council has approved the issue of a licence of any of the classes mentioned in subsection 60(1) in respect of premises in a municipality in respect of which an administrator has been appointed under The Municipal Act, the municipality shall, for the purposes of this Act, be conclusively deemed to have passed a valid by-law under this Part approving the issue of licences of the class of licence the issue of which was approved by the Lieutenant Governor in Council for premises in the municipality.
Where the result of a vote on a liquor referendum held in a rural municipality shows that the vote
(a) in an unincorporated village; or
(b) in a municipal ward;
that is located within the rural municipality is contrary to the overall vote in the rural municipality, the council of the rural municipality, if it is satisfied that the unincorporated village or municipal ward because of its peculiar location or flow of traffic because of highways, is isolated or generally disconnected from the rest of the rural municipality, may, subject to the approval of the Lieutenant Governor in Council,
(c) if a by-law has been passed, pursuant to the vote held in the rural municipality amend the by-law to exempt that village or ward from the by-law; or
(d) pass a by-law approving or disapproving, as the case may be, the issue of licences as indicated by the vote of the resident electors of the village or ward.
PETITIONS
A petition either for the submission of a local option by-law or the repeal thereof, or for a licence prohibiting by-law or the repeal thereof, under this Part may be as in Form 1 of the Schedule to this Act, or to the like effect.
Effect of local option petition
A petition for a local option by-law shall be deemed to include a request for the enactment or repeal of all such by-laws as may be required to give effect to the petition and prohibit the local sale of liquor in the municipality.
Where a municipality
(a) immediately before the coming into force of this Act, by virtue of a by-law passed under the former Act was under local option within the meaning of that Act; or
(b) is under local option within the meaning of this Act;
a petition may also be filed with the clerk for the submission to the electors of a by-law authorizing the establishment in the municipality of liquor stores; and on the final passing of such a by-law the existing local option by-law shall be deemed to be repealed to the extent necessary to give effect to the by-law.
A petition for the submission of a by-law approving the issue of licences of any one or more of the classes mentioned in subsection 60(1) may be combined with a petition for
(a) the repeal of a local option by-law; or
(b) the repeal of a licence prohibiting by-law; or
(c) the establishment of liquor stores;
or with a petition for any two or more of the things mentioned in clauses (a) to (c), so that only one petition is filed.
A petition
(a) for the submission under this Part of a by-law approving the issue, in respect of premises in the municipality, of licences of any one or more of the classes mentioned in subsection 60(1); or
(b) for the submission under this Part of a by-law repealing, in whole or in part, any by-law to which clause (a) applies;
may be as in Form 2 of the Schedule to this Act, or to the like effect.
The petition may ask for the submission of a by-law approving the issue of licences of any one or more of the classes mentioned in subsection 60(1); but the petition shall not ask for the submission of a by-law approving the issue of beverage room licences unless
(a) it also asks that the by-law approve the issue of dining room licences; or
(b) the issue of dining room licences has been approved under a previous by-law that is still in force;
nor shall it ask for the submission of a by-law approving the issue of cocktail lounge licences unless
(c) it also asks that the by-law approve the issue of dining room licences; or
(d) the issue of dining room licences has been approved under a previous by-law that is still in force.
Affidavit verifying signatures
In every petition each sheet that contains signatures shall be verified at the foot thereof by affidavit as in Form 3 of the Schedule to this Act, or to the like effect.
Formalities re. signing petition
Any petition, either under subsection (1) or under subsection (5) or for a beer licence prohibiting by-law or for the repeal of a by-law passed consequent upon such a petition; under this Part, that may be received by the clerk of the municipality, shall be signed by all the petitioners within the calendar year in which it is filed with the clerk; and no petition, or any portion thereof, when filed with the clerk as aforesaid shall be afterwards re-filed with the clerk; and no person shall sign his name more than once on any petition or petitions under this Part, filed or to be filed in any one year.
A petition may be presented or filed in sections.
The forms of petition for which provision is made in this Act shall be printed and kept in stock by the commission and shall be supplied to applicants therefor on request.
Where a petition is filed with the clerk of a municipality as provided in this section, the council of the municipality shall give first and second readings to a by-law to give effect to the petition; and thereafter it shall submit the by-law to a vote of the duly qualified electors of the municipality as herein provided.
Upon receipt of a petition under this Part, the clerk shall post a notice of the receipt in a conspicuous place in his office and the council of the municipality shall accept the affidavits verifying the signatures on the petition as provided in section 153 as prima facie proof of the signatures and that the petitioners are duly qualified resident electors; but, if within one week after the filing of the petition, or such further time as the minister may allow, any resident elector of the municipality objects, in writing addressed to the clerk or to any member of the council, against the acceptance of the petition on the ground that it was not sufficiently signed, the clerk shall forthwith forward the petition, with a certified copy of the voters list, the objections and any other document or letter in the possession of the council relating to the petition or the sufficiency thereof, by registered mail, to the minister.
The minister may receive further objections thereto and shall decide the question of the sufficiency in a summary manner upon such evidence as he chooses to receive; and he may find that the petition is sufficiently signed, if signed by not fewer than 20% of the resident electors of the municipality whose names are on the voters list thereof, whether or not there are irregularities in respect of the signatures of others not comprising such 20%.
The finding of the minister on the question whether the petition has been sufficiently signed or not is final and without appeal of any kind, and shall forthwith be certified by him to the
council of the municipality; and where the certificate is that the petition is sufficiently signed, or where the petition was accepted by the council without objection raised thereto, neither the petition nor any matter or thing therein or relating thereto nor the validity, in so far as it may relate to the petition, of a local option by-law submitted in consequence of the petition, shall be questioned by any person before the council of the municipality or before or by any judge or court.
Notwithstanding anything to the contrary in the former Act, but subject to subsection (2), where the clerk of a municipality receives a petition from not fewer than 20% in number of the resident electors whose names appear on the voters list of the municipality, asking the council of the municipality to submit to a vote of the electors any by-law for the submission of which provision is made in this Part, the council shall, subject to subsection (3), pass the first and second readings of the by-law and submit it to be voted on by the electors, as hereinafter provided, on the day fixed by law for voting at the next ensuing municipal elections in the municipality.
A petition to which subsection (1) refers is invalid and ineffective for the purposes of this Part unless it is filed with the clerk not later than 90 clear days before the voting day to which reference is made in subsection (1).
Last day for first two readings
The council shall give first and second readings to the by-law as provided in subsection (1) at its first regular meeting after the petition is filed with the clerk, or at a special meeting which the head of council shall call for the purpose if necessary, but in any event not later than 60 clear days before the voting day to which reference is made in subsection (1).
Limitation on further submissions
Where a local option by-law, or beer licence prohibiting by-law, or a by-law to approve the establishment of liquor stores, or a by-law to repeal any such by-law, has been submitted to a vote of the electors of the municipality, no subsequent petition for the submission of any such by-law, or a by-law to repeal any such by-law, shall be received by the clerk at any time before the expiration of two years from the taking of the latest vote of the electors upon such a by-law, or upon the repeal of such a by-law, under this Part; and no such by-law shall be submitted to a vote of the electors of the municipality until the municipal elections held in the third or any later year after the taking of the latest vote on any such by-law.
Limitation on submission of by-laws
Where a licensed sale by-law to approve the issue of licences of any one or more of the classes mentioned in subsection 60(1) or a by-law to repeal such a by-law, in whole or in part, has been submitted to the vote of the electors of the municipality, then no subsequent petition for the submission of a by-law to approve the issue of licences of any of the classes to which the first mentioned by-law related, or to repeal such a by-law to an extent that is the same as that of the first mentioned repealing by-law, shall be received by the clerk at any time prior to the expiration of two years after the taking of the vote of the electors on the first mentioned by-law or first mentioned repealing by-law, as the case may be; and no such by-law shall be submitted to a vote of the electors of the municipality until the municipal elections held in the third or any later year after the taking of the latest vote on any such by-law.
Where in any year there is no municipal election, other than a by-election, in a municipality, any by-law required under this Part to be submitted in that year to a vote of the electors of that municipality shall be submitted to the vote on the day on which a general municipal election for that municipality would be held in that year if a general municipal election for that municipality were necessary in that year, and any reference in this Part to the day fixed for voting at a municipal election in the municipality shall, in so far as that year is concerned, be deemed to be a reference to the day on which a general municipal election for that municipality would be held in that year if a general municipal election for that municipality were necessary in that year.
S.M. 2005, c. 27, s. 156; S.M. 2008, c. 20, s. 29.
When a licensed sale by-law is submitted to the electors, the ballot shall provide for a separate vote with respect to each different class of licence concerning the approval of which the petition asks that a vote be taken; but the ballot shall not provide
(a) for a vote with respect to the approval of the issue of beverage room licences unless
(i) it also provides for a vote with respect to the approval of the issue of dining room licences, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or
(b) for a vote with respect to the approval of the issue of cocktail lounge licences unless
(i) it also provides for the approval of the issue of dining room licences, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.
Limitation as to certain licences
The by-law shall not provide
(a) for approval of the issue of beverage room licences unless
(i) it also provides for the approval of the issue of dining room licences, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or
(b) for the approval of the issue of cocktail lounge licences unless
(i) it also provides for the approval of the issue of dining room licences, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.
Approval requires majority of voters who vote
To be approved, a by-law submitted under this Part must be approved by the majority of the electors of the municipality who vote on the by-law.
Subject to this Part, The Municipal Councils and School Boards Elections Act applies to all proceedings for the holding of a vote on a by-law under this Part.
The council shall, publish in a newspaper in the municipality, if one is published therein, and, if not, in a newspaper published in the province and circulated in the municipality, and in The Manitoba Gazette, a notice stating
(a) the object or purpose of the proposed by-law;
(b) that the proposed by-law has been submitted to the council and has received its first and second readings;
(c) that a vote on the proposed by-law for the electors entitled to vote will be taken on the day and at the hour and places fixed under this Part;
(d) that the proposed by-law, or a true copy thereof, can be seen on file until the day of taking the vote at the office of the clerk of the municipality; and
(e) that the further consideration of the proposed by-law after taking the vote is fixed for the time and place appointed therefor by the council, naming the time and place.
The notice to which subsection (1) refers shall be signed by the clerk of the municipality and shall be published
(a) at least once within four weeks after the first and second readings of the proposed by-law; and
(b) at least once a week for three consecutive weeks before the vote is taken.
Subject to subsection (2), the several forms of ballot that shall be used at voting are set out in Form 4 of the Schedule to this Act; and the form to be used in the case of each kind of by-law is as therein set out.
Where, pursuant to subsection 153(4), several of the kinds of petition authorized under this Part are combined in one petition, any two or more of the forms of ballots set out in Form 4 of the Schedule may be combined in one ballot.
In a ballot used in respect of a licensed sale by-law, the provision for a vote on the approval of the issue of licences of any one or more of the classes mentioned in subsection 60(1) may be omitted if the petition for submission of the by-law did not request a vote on licences of that class or those classes; but the ballot shall not provide
(a) for approval of beverage rooms unless
(i) it also provides for approval of licensed dining rooms, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or
(b) for approval of cocktail lounges unless
(i) it also provides for approval of licensed dining rooms, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.
Poster for information of voters
Where the ballot provides for a vote on
(a) the approval of licensed dining rooms and also of licensed beverage rooms; or
(b) the approval of licensed dining rooms and also of licensed cocktail lounges;
or for approval of all the licensed premises to which reference is made in clauses (a) and (b), unless the issue of dining room licences has been approved under a previous by-law that is still in force, the senior election official shall furnish to each voting official, and each voting official shall cause to be posted up conspicuously in each voting compartment in his voting subdivision, a poster which shall be in a form prescribed in the regulations and shall set out for the information of voters the fact
(c) that a vote for the approval of licensed beverage rooms is ineffective unless
(i) the issue of dining room licences is approved, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or
(d) that a vote for the approval of licensed cocktail lounges is ineffective unless
(i) the issue of dining room licences is approved, or
(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.
S.M. 2005, c. 27, s. 156; S.M. 2008, c. 20, s. 29.
PROCEDURE AFTER VOTE
Subsequent procedure on by-law
Where a by-law to which this Part applies is approved by the majority required of the duly qualified electors, it shall, at the next regular meeting of the council held later than three weeks thereafter, be read a third time and passed by the council of the municipality in which it was submitted; whereupon the clerk of the municipality shall forthwith forward to the commission a copy of the by-law, together with his certificate that it is a true copy, and showing the date on which it was finally passed.
Where any such by-law is not approved by the electors, the clerk of the municipality shall, not less than 14 or more than 21 days after the day of voting, forward to the commission a copy of the by-law certified by him to be correct and a statement of the result of the voting thereon, certified by him in like manner.
Where an election petition is presented against any such by-law, the by-law shall not be read a third time and passed by the council until after the petition has been disposed of; and the time which intervenes between the presenting of the petition and the final disposal thereof shall not be reckoned as part of the time within which the by-law has to receive its 3rd reading and be passed.
Proceedings for submission of repeal
Subject to subsection (2), where the clerk of a municipality that has passed a by-law under this Part, receives a petition from not fewer than 20% of the resident electors whose names appear on the voters list of the municipality, asking the council of the municipality to submit to a vote of the electors
(a) a by-law to repeal the by-law passed under this Part in whole, or in part in respect of any one or more of the classes of licence the issue of which is approved thereby; or
(b) a beer licence prohibiting by-law; or
(c) both a by-law to which clause (a) refers and a by-law to which clause (b) refers;
the council of the municipality shall, subject to subsection (3), pass the first and second readings of such by-law and submit it to be voted on by the electors on the day fixed by law for voting at the next ensuing municipal elections in the municipality.
A petition to which subsection (1) refers is invalid and ineffective for the purposes of this Part unless it is filed with the clerk not later than 90 clear days before the voting day to which reference is made in subsection (1).
Last day for first two readings
The council shall give first and second readings to the by-law as provided in subsection (1) at the first regular meeting after the petition is filed with the head of council or at a special meeting which the clerk shall call for the purpose if necessary, but in any event not later than 60 clear days before the voting day to which reference is made in subsection (1).
Subject to subsection 184(5), no petition shall be received by the clerk at any time prior to the expiration of two years after the taking of any vote of the electors upon such a by-law, or upon a by-law to repeal such a by-law, pursuant to this Part.
S.M. 2005, c. 27, s. 156; S.M. 2008, c. 20, s. 29.
Application of sections 155 and 161
Sections 155 and 161 apply to the repealing by-law and to the voting thereon.
Repealed.
By-law not invalid for irregularities
No by-laws to which this Part applies shall be declared invalid by reason of non-compliance with the provisions of this Part governing the case as to the taking of the vote or the counting of the votes, or by reason of any mistake in the use of the forms contained in this Part, or by reason of any irregularity, if it appears to the tribunal having cognizance of the question that the proceedings on the petition and the voting were conducted substantially in accordance with the requirements of this Part, and that the non-compliance, mistake or irregularity did not affect the result of the voting.
Injunction proceedings restricted
No injunction shall be granted by any court to restrain the submission or passing of a by-law under this Part unless it appears to the court after hearing the parties that the ground upon which the injunction is sought would be sufficient for the quashing of the by-law upon a proceeding for that purpose after the passage thereof.
HOTELS
Where licence subject to hotel certificate
The commission shall not, in respect of premises or a part of any premises operated as a hotel,
(a) issue a licence under clause 60(1)(c) or (j);
(b) make an authorization under subsection 69(1); or
(c) give an approval under subsection 69(2);
unless the person operating the hotel holds a certificate of registration under subsection 169(1).
Application for the authorization shall be made upon the form prescribed by the commission and shall set forth
(a) the full name of the applicant;
(b) the municipality or locality in which the premises are situated;
(c) the name, if any, of the hotel;
(d) whether the applicant applies as tenant or owner of the premises, and, if he applies as tenant, the name of the true owner, with details of the lease; and
(e) full particulars of the premises.
Grant or refusal by commission
Every application shall be made to the commission and shall be granted or refused by it as it determines.
Certificate as registered hotel
Upon receipt of an application and the payment of the prescribed fees, a certificate of registration in the form set out in Form 5 of the Schedule to this Act, or to the like effect may be issued by the commission; and the certificate when duly issued, is authority for the person named therein to operate the premises named therein as a hotel, and they are thereupon, a registered hotel.
No certificate issued under subsection (1) is transferable.
Unless it is cancelled or suspended, a certificate issued under subsection (1) is effective for the period set out in the certificate, which must not be longer than three years.
Such fee as may be prescribed under the regulations is payable to the commission in respect of a certificate of registration of a hotel or renewal thereof.
The commission, for any cause it deems proper, may refund the whole or any part of the registration fee.
Every application for the renewal of a certificate of registration or the renewal of a licence of any kind shall be filed with the commission no later than one month before the certificate or licence expires and shall be dealt with in the same manner as a first application.
Privileges of registered hotel
Every holder of a certificate of registration under this Part may, in his registered hotel, under such regulations as the commission makes and without any municipal or other licence,
(a) sell non-alcoholic drinks and beverages not subject to the preceding Parts of this Act, and also cigars, cigarettes, tobacco, candies, confectionery and magazines; and
(b) conduct an ice cream parlour or general restaurant or cafe and a pool room having therein not more than two pool tables.
Repealed.
Every certificate of registration under this Part is subject to suspension and cancellation by the commission in like manner, and with the like effect, as are licences issued under this Act.
A municipal council, may
(a) hear complaints against a hotel; and
(b) make recommendation to the commission respecting the granting or renewing, or the undesirability of granting or renewing, as well as regards the suspension or cancellation or reinstatement, of any certificate of registration under this Part;
When hearing a complaint as provided in clause (1)(a), the council shall permit the keeper of the hotel to be heard by it in relation to the complaint.
Repealed.
Repealed.
Repealed.
The commission may make regulations respecting the manner in which the holder of a certificate of registration under this Part shall operate his registered hotel, and prescribing the conditions with which he shall comply in the operation thereof; and, without restricting the generality of the foregoing, may make regulations as to the register of guests and other records that the holder of a certificate of registration shall keep with respect to his registered hotel.
Section 13 applies to regulations made under this section.
GENERAL PROVISIONS
The purpose and intent of this Act are to prohibit transactions in liquor that take place wholly within the Province of Manitoba, except under control as specifically provided by this Act; and every section and provision of this Act shall be construed accordingly.
The provisions of this Act dealing with the importation, sale, and disposition of liquor within the province through the instrumentality of a commission, and otherwise, provide the means by which such control shall be made effective; and nothing in this Act forbids, affects, or regulates any transaction that is not subject to the legislative authority of the Legislature.
If any provision of this Act is adjudged invalid, the judgment shall not be construed to invalidate other provisions of this Act.
Nothing in this Act prevents
(a) the sale of liquor by any person to the commission;
(b) the purchase, importation, and sale of liquor by the commission for the purposes of and in accordance with this Act.
Repealed.