4th Session, 42nd Legislature
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Bill 42
THE LIQUOR, GAMING AND CANNABIS CONTROL AMENDMENT AND MANITOBA LIQUOR AND LOTTERIES CORPORATION AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE LIQUOR, GAMING AND CANNABIS CONTROL ACT
The Liquor, Gaming and Cannabis Control Act is amended by this Part.
The definition "liquor store" in section 23 is replaced with the following:
"liquor store" means the premises or that part of the premises specified in a liquor store licence where the retail sale of liquor is authorized. (« magasin d'alcools »)
Subsection 36(1) is replaced with the following:
A liquor store licence may be issued to the following:
(a) MLLC;
(b) a person who has entered into an agreement with MLLC under subsection 33(2) of The Manitoba Liquor and Lotteries Corporation Act to operate a duty free liquor store;
(c) a person who has entered into an agreement with MLLC under section 34 of The Manitoba Liquor and Lotteries Corporation Act to act as a rural liquor vendor;
(d) a person who has entered into an agreement with MLLC under section 35.1 of The Manitoba Liquor and Lotteries Corporation Act to operate a transitioned liquor store;
(e) a person who has entered into an agreement with MLLC under section 35.2 of The Manitoba Liquor and Lotteries Corporation Act to sell liquor in the premises of their retail store.
Subsection 157(1) is amended
(a) in clause (e), by adding "specified categories of" before "retail liquor premises"; and
(b) by repealing clause (g).
PART 2
THE MANITOBA LIQUOR AND LOTTERIES CORPORATION ACT
The Manitoba Liquor and Lotteries Corporation Act is amended by this Part.
Section 1 is amended by renumbering it as subsection 1(1) and by adding the following definitions:
"authorized liquor retailer" means a holder of a retail liquor licence under The Liquor, Gaming and Cannabis Control Act. (« détaillant de boissons alcoolisées autorisé »)
"beer vendor" means the premises that are the subject of a retail beer vendor licence. (« magasin de bière »)
The following is added as subsection 1(2):
Meaning of other words and expressions
Words and expressions used but not defined in this Act have the meaning given to them in The Liquor, Gaming and Cannabis Control Act.
Clause 28(1)(b) is replaced with the following:
(b) a person authorized to sell liquor under section 33, 34, 35, 35.1 or 35.2;
The section heading for the English version of section 34 is replaced with "Rural liquor vendors".
The following is added after section 35:
Request to operate transitioned liquor store
A person operating a specialty wine store or a beer vendor immediately before the coming into force of this section may notify the corporation that they wish to operate a liquor store at the premises of their specialty wine store or beer vendor.
Upon receiving a notification under subsection (1), the corporation must enter into a written agreement with that person — on terms specified by the corporation that apply generally to that category of transitioned liquor store — that authorizes the person to sell liquor in the premises of their specialty wine store or beer vendor.
Consequences of beer vendor becoming transitioned liquor store
When the operator of a beer vendor enters into an agreement to operate a transitioned liquor store and is issued a liquor store licence, their retail beer vendor licence is immediately terminated and the operator is no longer required to operate a hotel in order to operate the transitioned liquor store.
Specialty wine store operator may hold two licences
An operator of a specialty wine store who enters into an agreement to operate a transitioned liquor store may hold a specialty wine store licence and a liquor store licence for the same premises. If this occurs,
(a) all wine sold by the operator at the premises is deemed to be sold under authority of the specialty wine store licence; and
(b) subsections 35(3) and (4) continue to apply to the supply and sale of such wine.
The Lieutenant Governor in Council may, by regulation, establish a pilot project for a five-year period in which operators of retail stores that meet specified requirements may sell liquor in their stores while the pilot project is in effect.
Terms of project specified in regulation
The regulation establishing the pilot project may specify
(a) the period when the pilot project is in effect;
(b) eligibility requirements for operators and retail stores in the project;
(c) the maximum number of retail stores in the project and the location of those stores;
(d) requirements respecting the display and sale of liquor; and
(e) any matter that the Lieutenant Governor in Council considers necessary or advisable in relation to the project.
Subject to the requirements of the regulation establishing the pilot project, the corporation may — by written agreement and on the terms specified by the corporation — authorize the operator of a retail store to sell liquor in their store while the pilot project is in effect.
Public consultation requirement
The minister must provide an opportunity for public consultation and seek advice and recommendations on a proposed regulation establishing the pilot project under section 35.2.
This section and sections 35.2 and 35.3 are repealed five years after the regulation establishing the pilot project under section 35.2 comes into force.
Section 37 is amended by striking out "section 33, 34 or 35" and substituting "subsection 33(2) or section 34, 35, 35.1 or 35.2".
Section 38 is replaced with the following:
Subject to subsections 33(3) and 35(4), the corporation may establish the prices at which each class, variety or brand of liquor may be sold by an authorized liquor retailer. An authorized liquor retailer must charge the applicable price established by the corporation.
Clause 49(1)(g) is replaced with the following:
(g) defining any word or phrase used but not defined in this Act;
PART 3
COMING INTO FORCE
This Act comes into force on a day to be fixed by proclamation.