5th Session, 42nd Legislature

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Bill 9

THE LIQUOR, GAMING AND CANNABIS CONTROL AMENDMENT AND MANITOBA LIQUOR AND LOTTERIES CORPORATION AMENDMENT ACT

(Assented to                                         )

HIS 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

C.C.S.M. c. L153 amended

1   The Liquor, Gaming and Cannabis Control Act is amended by this Part.

2   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 »)

3   Subsection 36(1) is replaced with the following:

Liquor store licence

36(1)   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 operate a manufacturer's liquor store.

4   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

C.C.S.M. c. L155 amended

5   The Manitoba Liquor and Lotteries Corporation Act is amended by this Part.

6(1)   Section 1 is amended by renumbering it as subsection 1(1) and adding the following definitions:

"authorized liquor retailer" means the 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 »)

6(2)   The following is added as subsection 1(2):

Meaning of other words and expressions

1(2)   Words and expressions used but not defined in this Act have the meaning given to them in The Liquor, Gaming and Cannabis Control Act.

7   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;

8   Subsection 33(2) is amended by adding "The agreement may include provisions respecting security measures at the duty free liquor store." at the end.

9   Section 34 is amended

(a) by replacing the section heading of the English version with "Rural liquor vendors"; and

(b) by adding "The agreement may include provisions respecting security measures at the premises of the liquor vendor." at the end.

10   The following is added after section 35:

Request to operate transitioned liquor store

35.1(1)   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.

Transitioned liquor agreement

35.1(2)   Upon receiving a notification under subsection (1), the corporation must enter into a written agreement with that person — on the 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. The agreement may include provisions respecting security measures at the transitioned liquor store.

Consequences of beer vendor becoming transitioned liquor store

35.1(3)   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

35.1(4)   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 two licences are held,

(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.

Manufacturer's liquor store

35.2   The corporation may — by written agreement and on the terms specified by the corporation — authorize the holder of a manufacturer's licence under The Liquor, Gaming and Cannabis Control Act to operate a liquor store at the premises that are the subject of the manufacturer's licence or at nearby associated premises approved by the executive director of the Liquor, Gaming and Cannabis Authority of Manitoba. The agreement may include provisions respecting security measures at those premises.

11   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".

12   Section 38 is replaced with the following:

Uniform prices

38   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.

13   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

Coming into force

14   This Act comes into force on a day to be fixed by proclamation.