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S.M. 1986-87, c. 25
An Act to amend The Liquor Control Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 2(1) of The Liquor Control Act, being chapter L160 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding thereto, immediately after clause (5) thereof, the following clause:
(5.1) "board" means The Licensing Board established under section 34;.
Subsection 2(1) of the Act is further amended by adding thereto, immediately after clause (27) thereof, the following clause:
(27.1) "Licensing Board" means The Licensing Board established under section 34;.
Subsection 2(1) of the Act is further amended by striking out the words "two and a half per centum of proof spirits" in the 3rd line of clause (30) thereof and substituting therefor the figures, symbol and words "0.5% alcohol by volume".
Subsection 33(1) of the Act is amended
(a) by striking out the word "commission" in the 1st line thereof and substituting therefor the words "Licensing Board"; and
(b) by striking out the words "and all the rights" in the 3rd line thereof and substituting therefor the words "and upon the suspension or cancellation all the rights".
Subsecs. 33(2) and (3) rep. and sub.
Subsections 33(2) and (3) of the Act are repealed and the following subsections are substituted therefor:
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.
Notice of the cancellation or suspension of a licence or permit by The Licensing Board shall be given by The Licensing Board in the manner, and shall be effective at the time, provided in section 38, mutatis mutandis.
Subsection 33(4) of the Act is amended by striking out the words "the commission" in the 4th line thereof and substituting therefor the words "The Licensing Board".
Subsection 33(6) of the Act is amended
(a) by adding thereto, immediately after the word "suspended" in the 1st line thereof, the words "under this Act"; and
(b) by striking out the words "apply to the commission for a reconsideration of his case" in the 2nd and 3rd lines thereof and substituting therefor the words "appeal the cancellation or suspension to the commission".
Section 160 of the Act is amended by striking out the words "the commission" where they appear
(a) in the 3rd line of subsection (1) thereof;
(b) in the 5th line of subsection (2) thereof; and
(c) in the 2nd line of subsection (4) thereof; and substituting therefor, in each case, the words "The Licensing Board".
Subsection 163(2) of the Act is repealed and the following subsection is substituted therefor:
Cancellation or suspension for non-compliance.
Where The Licensing Board finds that any licensed premises are not being operated in compliance with subsection (1), it may cancel or suspend the licence or licences issued in respect thereof or issue a warning to the holder of the licence or licences; and, where The Licensing Board cancels or suspends the licence or licences, the commission shall not issue a new licence or licences in respect of the premises, nor shall The Licensing Board revoke the suspension, unless The Licensing Board is satisfied that thereafter the premises will be operated in compliance with subsection (1).
Section 166 of the Act is amended by adding thereto, immediately after subsection (6) thereof, the following subsection:
Complimentary sample for promotional purposes.
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.
The Act is amended by adding thereto, immediately after section 174 thereof, the following section:
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.
Where under subsection 33(6) of The Liquor Control Act an application for the reconsideration of the cancellation or suspension of a licence was made but not heard before the coming into force of this Act, the application shall be heard and decided under that subsection by The Licensing Board and not by the commission notwithstanding that the subsection, as it was before the coming into force of this Act, required applications of that kind to be heard and decided by the commission.
This Act, except section 3, comes into force on the day it receives the royal assent.
Section 3 comes into force on a day fixed by proclamation.