(a) dining room licence
Le texte figurant ci-dessous constitue la codification la plus récente en date du 2 oct. 2023.
Il est en vigueur depuis 1er septembre 2023.
Dernière modification intégrée : R.M. 135/2023
|135/2023||« Licensing and Appeals Regulation, amendment »||28 août 2023||29 août 2023|
|19/2023||« Licensing and Appeals Regulation, amendment »||20 mars 2023||20 mars 2023|
|41/2022||« Licensing and Appeals Regulation, amendment »||30 mars 2022||30 mars 2022|
|129/2021||« Licensing and Appeals Regulation, amendment »||16 déc. 2021||16 déc. 2021|
|121/2018||« Licensing and Appeals Regulation, amendment »||12 sept. 2018||12 sept. 2018|
The Liquor, Gaming and Cannabis Control Act, C.C.S.M. c. L153
NOTE: This regulation was enacted in English only.
Registered March 13, 2014
1 The following definitions apply in this regulation.
"Act" means The Liquor, Gaming and Cannabis Control Act.
"applicant" means a person applying for a licence under the Act.
"gaming event licence" means a gaming event licence within a class of gaming events licences prescribed in the Gaming Regulation.
2 For the purpose of subsection 102(2) of the Act, the following persons have a financial interest in an applicant:
(a) a person who, directly or indirectly, holds 10% or more of the outstanding shares, or of a class of share, of
(i) an applicant that is a corporation, or
(ii) a corporation that effectively controls the business of a corporation that is an applicant;
(b) a person who will be entitled to any of the profits from the licensed activity or who will be liable for any obligations incurred from the licensed activity;
(c) a person who loans or advances or causes to be loaned or advanced money or any thing of value, with or without security, to the applicant.
3(1) Unless approved by the executive director, a licence ceases to be valid if
(a) the licence holder sells, assigns or transfers its assets through which it carries out the activities authorized by the licence;
(b) 10% or more of the shares, or any class of share, of the following are sold, assigned or transferred:
(i) a licence holder that is a corporation, or
(ii) a corporation that effectively controls the business of a corporation that is a licence holder;
(c) a person becomes or ceases to be a partner of a licence holder that is a partnership;
(d) a person becomes entitled to any of the profits from the licensed activity or becomes liable for any obligations incurred from the licensed activity; or
(e) a person loans or advances or causes to be loaned or advanced money or any thing of value, with or without security, to the licence holder.
3(2) To seek the executive director's approval of a change described in subsection (1), the licence holder must, at least 10 days before the proposed change is to occur,
(a) apply to the executive director in writing; and
(b) provide any information requested by the executive director.
4(1) A profit-sharing fund, scheme, or arrangement, for the benefit of employees, is excluded from the application of clauses 2(b) and 3(1)(d).
4(2) A loan or advance made by a bank, credit union, trust company or loan company authorized under the law to accept money for deposit and carrying deposit insurance in accordance with the Canada Deposit Insurance Corporation Act is excluded from the application of clauses 2(c) and 3(1)(e).
APPLICATIONS FOR LICENCES
5(1) The executive director may approve different application forms for use in respect of applications for different types of licences.
5(2) When applying for a licence, an applicant must use the approved licence application form and must provide all the information necessary to accurately complete the application form.
5(3) Without limitation, an application form may require information respecting the following:
(a) the principals of the applicant, as described in subsection 102(2) of the Act;
(b) if the applicant is a corporation,
(i) the corporation's articles of incorporation and most recent annual return filed with the Companies Office, and
(ii) a list of all the shareholders of the corporation, if the applicant is not a publicly traded corporation;
(c) if the application is in respect of a premises licence,
(i) a certified status of title or a certified copy of a certificate of title issued by the appropriate land titles office for the premises, and any other documents considered necessary by the authority to establish ownership of the premises,
(ii) a copy of any agreement under which the applicant will occupy the premises, whether conditional or unconditional, if the applicant is not the owner in fee simple of the premises at the time the licence application is made,
(iii) a copy of plans showing clearly and at an appropriate scale the general layout, floor plan and facilities of the premises, and
(iv) a detailed description of the security plans for the proposed premises;
(d) if the applicant proposes to carry on a business in relation to the licence, a copy of any agreement under which the applicant will operate the business, including any franchise agreement or agreement to purchase an ongoing business or the assets of such a business.
5(4) In clause (3)(c), a "premises licence" means
(a) a liquor service licence;
(b) a retail liquor licence;
(c) a manufacturer's licence;
(d) a sacramental wine vendor licence;
(e) a gaming event licence, if the gaming event is to be held in a premises;
(f) a gaming operator licence;
(g) a gaming centre provider licence;
(h) a retail cannabis licence; and
(i) a horse race track operator licence.
6 A person applying to be licensed as a gaming employee must submit evidence satisfactory to the executive director that MLLC or a gaming operator is interested in employing the person.
7 For the purpose of clause 106(2)(b) of the Act, an applicant for a liquor service licence or a retail beer vendor licence or the holder of such a licence must be entitled to at least 80% of the profits from the sale of liquor at the premises in question.
8(1) Except as provided in subsection (2), material filed by an applicant in support of an application for a licence is confidential and no member or employee of the authority shall disclose it, or knowingly permit it to be disclosed, to any person except with the written consent of the applicant.
8(2) Material filed by an applicant in support of an application may be disclosed
(a) for the purpose of the administration or enforcement of the Act or legal proceedings related to that enforcement;
(b) when required by law;
(c) for research or statistical purposes to the extent that the disclosure would not reasonably be expected to reveal the identity of any specific applicant; or
(d) when the information is publicly available.
9 A public notice given in respect of a liquor service licence or a retail beer vendor licence that is required under section 105 of the Act must include
(a) the hours of operation permitted under the licence; and
(b) any other information required by the executive director.
10(1) A person applying for the following must include a non-refundable application fee of $500 with the application:
(a) a liquor service licence;
(b) a retail beer vendor licence;
(c) a manufacturer's licence;
(d) a sacramental wine vendor licence.
10(2) A person applying for a brew pub endorsement on a liquor service licence must include a non-refundable application fee of $300 with the application.
10(3) The application fee in subsection (1) is reduced to $300 if, in respect of a premises, a person already holds one or more liquor service licences and applies for another category of liquor service licence for the same premises.
10.1 A person applying for a retail cannabis licence or a cannabis distributor licence must include a non-refundable application fee of $500 with the application.
10.2 A person applying for a delivery licence must include a non-refundable application fee of $500 with the application.
11(1) The following annual fees are payable for the liquor service licence indicated:
(a) dining room licence
(b) dining room/lounge licence
(c) beverage room licence
(d) entertainment facility licence
(e) customer/member service licence
(f) unique hospitality venue licence
11(2) The following annual fees are payable for the retail liquor licence indicated:
(a) liquor store licence
(b) specialty wine store licence
(c) retail beer vendor licence
11(3) The annual fee payable for a retail endorsement on a manufacturer's licence is $500.
12 The following annual fees are payable for the gaming licence indicated:
(a) gaming employee licence
(b) electronic gaming device licence (pro-rated as applicable)
13(1) The fee payable for a gaming event licence is 1% of the anticipated gross revenue of the gaming event.
13(2) Despite subsection (1), the executive director may allow a person who is issued a gaming event licence to submit the fee after it has been issued, in which case,
(a) the gross revenue used to calculate the licence fee is the actual gross revenue of the gaming event; and
(b) the person must submit the licence fee at the time or times specified by the executive director.
13(3) Despite subsection (1),
(a) the fee for a Monte Carlo event licence is $5 per blackjack or wheel of fortune table per day;
(b) the licence fee for a midway licence is $150; and
(c) no fee is payable for a breakopen licence or for a licence issued in respect of a gaming event if the anticipated gross revenue of the event is $10,000 or less.
14(1) The annual fee payable for a gaming supplier licence is
(a) $5,000, for supplying electronic gaming devices, gaming paper and products and security and surveillance systems; and
(b) $500, for supplying ticket sales and verification devices or provincial gaming equipment.
14(2) No annual fee is payable if a gaming supplier only supplies gaming tables.
15 The annual fee payable for a gaming service provider licence is
(a) $5,000, for providing services to MLLC or a gaming operator; and
(b) $150, for providing services to a gaming event licence holder only.
16 If a person who is licenced as a gaming supplier or a gaming service provider, or both, provides more than one class of gaming supplies or gaming services, the person must pay the highest fee applicable and, having done so, no other fee is payable.
16.1 The annual fee payable for a retail cannabis licence or a cannabis distributor licence is $1,000.
16.2 The annual fee payable for a delivery licence is $500.
16.3 The following annual fees are payable for the horse racing licence indicated:
(a) horse race track operator licence
(race track with more than 20 scheduled race days in a year)
(race track with 11 to 20 scheduled race days in a year)
(race track with no more than 10 scheduled race days in a year)
(b) betting theatre licence
(c) racing participant licence (thoroughbred trainer, standardbred trainer, thoroughbred jockey or jockey agent)
(c.1) racing participant licence (race horse owner)
(if own 5% or more of any horse)
(if own less than 5% of any horse)
(d) racing participant licence (standardbred driver, exercise rider or groom)
16.4(1) The holder of a horse race track operator licence may pay the annual fee in monthly installments, with the amount of each installment payment to be determined by the executive director.
16.4(2) If the holder of a horse race track operator licence fails to make a fee installment payment on the specified date, the executive director may cancel the licence.
17(1) Except as provided in this section, the person responsible for paying the fee for a licence is the applicant or licence holder, as the case may be.
17(2) MLLC must pay the fee in respect of the following licences:
(a) the fee for each liquor store licence and each specialty wine store licence;
(b) the fee for each of its employees who is issued a gaming employee licence;
(c) the fee for each electronic gaming device that is licenced for use in provincial gaming.
17(3) A gaming operator must pay the fees in respect of each of its employees who is issued a gaming employee licence.
TERM AND RENEWAL OF LICENCES
18(1) The term of a licence issued under the Act must not exceed five years, but the executive director may issue a licence for a shorter term.
18(2) Despite subsection (1), an electronic gaming device licence has an indefinite term.
18(3) For certainty, the fee for a licence that is issued for a term of less than 12 months is the annual fee for the licence, as prescribed, but if the licence is renewed, no additional fee is payable for the 12 months after the licence was first issued.
19(1) For a licence having a term of more than one year, the person responsible for the payment of the fee for the licence must pay the applicable annual fee at the time or times specified in the terms and conditions that apply to the licence.
19(2) [Repealed] M.R. 121/2018
20(1) The provisions of this Part apply with necessary changes to applications for the renewal of a licence.
21 For certainty, the fee for any licence type or class established under the Act that is not otherwise prescribed in this Part is zero.
22 The board may reduce or waive a fee prescribed in this Part if the board determines such a reduction or waiver is appropriate in the circumstances.
23(1) A licence holder must notify the executive director of any change in its address for service within 30 days of the change occurring.
23(2) The executive director may waive the requirement under subsection (1) in respect of a specific licence holder or class of licence holders.
24 On receiving a notice of appeal, the board must
(a) set a time, date and place for an appeal hearing; and
(b) give written notice of the hearing to each party by delivering or mailing the notice at least 10 days before the date of the hearing.
25(1) An appellant must, at the time of filing the notice of appeal or, with the consent of the board, as soon as reasonably practicable after that, provide the following to the board:
(a) a copy of the decision or order of the executive director, along with any written reasons provided by the executive director;
(b) a statement of the nature and extent of the information, including expert and documentary evidence, on which the party intends to rely;
(c) a statement of whether or not the party seeks an order excluding the public from the hearing and, if so, the grounds for seeking such an order;
(d) any other information the board directs.
25(2) Subject to subsection (3), the board may, either simultaneously with the notice referred to in clause 24(b) or at a subsequent time, order any party to produce to any other party a copy of
(a) any document that the party intends to rely on at the hearing; and
(b) any other document that, in the opinion of the board, is or may be relevant to the appeal.
25(3) If a party objects to producing any document under subsection (2), the board may inquire into the matter and may
(a) confirm or cancel the order in respect of the document; or
(b) make such special order in respect of the document as the board considers to be just and appropriate in the circumstances.
26(1) An appeal may be conducted in person, or by videoconference or teleconference, as determined by the board.
26(2) Despite subsection (1), with the consent of the parties to an appeal, the consideration of the appeal may be conducted without an oral hearing.
26(3) If an appeal is conducted without an oral hearing, all matters concerning the appeal must be submitted to the board in writing, or as otherwise directed by the board, within 30 days after the parties provide their consent under subsection (2). On request, the board may extend the 30-day period.
27(1) On the request in writing of any party, the board may issue a summons compelling a person to attend at an appeal. The summons may require the person to bring documents and other materials to the hearing, to the extent specified in the summons.
27(2) The party that requests the board issue a summons must serve the summons on the person to whom it is directed by personal service on the person or by registered mail sent to the address of the person.
27(3) Attendance money calculated in accordance with Tariff "B" of the King's Bench Rules must be paid or tendered to a person at the time of serving a summons under subsection (2). Failure to pay or tender the required amount invalidates the summons.
27(4) Unless the board orders otherwise, the party responsible for service of a summons under subsection (2) is liable for payment of attendance money under subsection (3).
28 A party to an appeal may request that another person communicate with the board on the party's behalf, and that person may be present with the party at the appeal hearing.
29 On the request in writing of a party or on its own initiative, the board may direct that a hearing be recorded.
30(1) The board may make an order that an appeal or any part of it be closed to the public if it is satisfied that
(a) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that appeal hearings be open to the public;
(b) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or
(c) the safety of a person may be jeopardized.
30(2) In clause (1)(a), other matters includes information related to gaming integrity and security and surveillance.
30(3) The board must ensure that any order it makes closing a hearing to the public is made available to the public and includes the reasons for the order.
31 Despite being the respondent, the board may require the executive director to make his or her submission at a hearing first.
32 The board may adjourn a hearing for such time, to such place and upon such terms as it sees fit.
33 If a party to an appeal fails to appear in person or by lawyer or other advocate within one hour from the time set out in the notice given under clause 24(b), the appeal may be dismissed or the hearing conducted and determined in that person's absence as the board considers proper in the circumstances.
34(1) At any time at or before a hearing, the board may accept requests in writing from anyone seeking standing to participate in the hearing.
34(2) A request for standing must include
(a) the name and address of the applicant seeking standing;
(b) the grounds on which the request is made; and
(c) if standing were granted, a statement of the nature and extent of the information, including expert and documentary evidence, on which the applicant for standing intends to rely.
34(3) The board must notify the parties to the hearing of any request for standing received and the parties may advise the board, in the manner and time period the board specifies, of their position on the request.
34(4) The board may grant a request for standing that it considers appropriate. When such a request is granted, the board must give notice to the other parties to the appeal.
35 No appeal is invalid by reason only of a defect in form, a technical irregularity or a lack of formality.
36 This regulation comes into force on the same day that Schedule B of The Manitoba Liquor and Lotteries Corporation Act and Liquor and Gaming Control Act, S.M. 2013, c. 51, comes into force.
February 28, 2014Liquor and Gaming Authority of Manitoba: