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S.M. 1987-88, c. 36

An Act to amend The Liquor Control Act

(Assented to July 17, 1987)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Sec. 2 rep. and sub.

1

Section 2 of The Liquor Control Act, chapter L160 of The Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Definitions.

2

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")

"chief inspector" means the person appointed as such by the commission, pursuant to clause 8(1)(8); ("inspecteur en chef)

"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" includes every officer or constable of a municipal police force, every member of the Royal Canadian Mounted Police Force, every constable or inspector appointed under this Act, and every other police officer or constable; ("agent de police")

"controlled beverage" means a potable beverage which contains more than. 5% alcohol and less than 1. 0% alcohol by volume; ("boisson Contrôlée")

"elector" means a person entitled to vote under clauses 5(1)(a) and (b) of The Local Authorities Election Act; ("électeur")

"general manager" means the person appointed as general manager and chief executive officer by the Lieutenant Governor in Council, pursuant to subsection 7.1(1); ("directeur général")

"holiday" means Good Friday, Thanksgiving Day, Remembrance Day 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 and includes the Chief Inspector; ("inspecteur")

"licence" means a licence of a class mentioned in subsection 73(1); ("licence")

"licensed premises" means the premises in respect of which a licence has been issued; ("locaux munis d'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 73(1)(a) to (g); ("arrêté d'autorisation")

"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 written authority, issued under this Act, for the purchase of liquor pursuant to 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")

"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; or

(b) a house trailer, tent, or vessel, that is bona fide and actually occupied and used by the owner, lessee, or tenant solely as a private dwelling; or

(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;

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")

"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")

"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")

Sec. 3 rep. and sub.

2

Section 3 of the Act, is repealed and the following section is substituted therefor:

Commission continued.

3

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.

Cl. 8(f)(1) rep. and sub.

3

Clause 8(1)(1) of the Act is repealed and the following clause is substituted therefor:

(l) to buy, import and sell liquor;.

Cl. 8(1)(17) rep.

4

Clause 8(1)(17) is repealed.

Subsec. 16(1) rep. and sub.

5

Subsection 16(1) of the Act is repealed and the following subsection is substituted therefor:

Establishment of liquor stores.

16(1)

Subject to subsection (2) and Part VIII, the Commission shall establish, maintain, and operate liquor stores at such places in the province as are considered advisable for the sale of liquor in accordance with this Act.

Subsec. 35(1) am.

6

Subsection 35(1) of the Act is amended by striking out "clauses (a) to (g), (g.l), (i), (k), (m) and (p) of subsection (1) of section 73" and substituting therefor "clauses 73(1)(a) to (j)".

Subsec. 45(11) rep. and sub.

7

Subsection 45(11) of the Act is repealed and the following subsection is substituted therefore:

Sale of liquor purchased under occasional permit.

45(11)

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.

Sec. 62 rep. and sub.

8

Section 62 of the Act is repealed and the following section is substituted therefor:

Possession and consumption of homemade wine and beer.

62

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.

Part III rep. and sub.

9

Part III of the Act is repealed and the following Part is substituted therefor:

PART III

THE SALE OF LIQUOR LICENCES

Classes of licences.

73(1)

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;

(j) retail;

(k) manufacturer's.

Interim Licence.

73(2)

The commission may grant an interim licence for such purposes as it considers advisable.

Qualification of licensees.

74

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 was resident in Canada for at least one year immediately prior to the date of application; 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.

Licence only to named person and premises.

75

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 90% 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.

Forfeiture of licence.

76(1)

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 operation of law, then, subject to subsections (2) and (4), the licence is forfeited.

Limited authority to successor by operation of law.

76(2)

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 operation of law 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.

Application by successor.

76(3)

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.

Extension of permission.

76(4)

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.

Procedure for new licence.

77(1)

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 the owner or lessee of the business which is carried on in the premises;

(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;

(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 has given notice of the application by advertisement, in the prescribed form and within the prescribed time, published once in the Manitoba Gazette and

(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.

Disqualification.

77(2)

Where during the currency of a licence, the commission has reasonable and probable grounds to believe a licensee no longer meets the requirements of clause (1)(b), (e) or (d), the commission may hold a hearing in accordance with section 33 and may cancel the licence.

Objections to grant and consideration thereof.

77(3)

Any person may, within 14 days after the date of the issue of The Manitoba Gazette or a newspaper containing a notice of application, 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.

Licences in parks.

77(4)

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.

Issue of certain licences in unorganized territory.

77(5)

A licence of any of the classes mentioned in clauses 73(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 premised.

Appeal to commission.

78(1)

Any person who is refused a licence under section 77 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.

Appeal to Queen's Bench.

78(2)

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.

Documents.

78(3)

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.

Party.

78(4)

The commission is a party to an appeal taken under subsection (2).

Decision of court.

78(5)

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.

Renewal of licences.

79

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 for obtaining a new licence, the commission shall renew a licence. DINING ROOM LICENCE

Requirements.

80(1)

The commission may issue a dining room licence to the proprietor or operator of a dining room that, in the opinion of the commission:

(a) has a clean and sanitary kitchen and dining area suitable to accommodate its patrons;

(b) offers food of good quality;

(c) meets the requirements of the regulations.

Authority.

80(2)

A dining room licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass 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.

80(3)

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, authorizing the sale of liquor by the proprietor or operator for consumption by the residents, patients or inmates of the institution and their guests with or without meals in an area of the institution described in the licence and section 83 does not apply to such a licence.

Hours of sale.

81(1)

No liquor shall be sold or served in a dining room from 2:00 a.m. until 11:00 a.m. on any day and on Good Friday and Remembrance Day it shall not be sold or served from 2:00 a.m. until 12:00 noon.

Hours of consumption.

81(2)

No liquor shall be consumed in a dining room from 2:30 a.m. until 11:00 a.m. except where the commission on application has in writing extended the period by an additional 30 minutes.

Services in hotel.

82(1)

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) by the glass or bottle to a registered guest for consumption in his or her room with or without a meal; or

(b) by the glass 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.

Self-serve unit.

82(2)

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.

Revenue.

83

A dining room licensee shall not obtain revenue from the sale of liquor in excess of 60% of the total food and liquor sales in the dining room. COCKTAIL LOUNGE LICENCE

Requirements.

84(1)

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.

Authority.

84(2)

A cocktail lounge licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass in the cocktail lounge.

Taking liquor from dining room to lounge etc.

84(3)

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.

Hours of service.

84(4)

No liquor shall be sold or served in a cocktail lounge

(a) when the dining room is closed;

(b) from 2:00 a.m. on Sunday until 11:00 a. m on Monday;

(c) on other days of the week, from 2:00 a.m. until 11:00 a.m.; and

(d) from 2:00 a.m. on a holiday.

Open when food available.

84(5)

Where food is available to patrons of the cocktail lounge, it may remain open from 11:00 p.m. to 2:00 a.m. even though the dining room is closed.

Other hours may be authorized.

84(6)

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 Sundays and holidays, for consumption on the premises on the same terms and conditions as under the dining room licence.

Revenue.

84(7)

The holder of a dining room licence and a cocktail lounge licence shall not obtain revenue from the combined sale of liquor in the dining room and the cocktail lounge in excess of 60% of the total food and liquor sales in the dining room and cocktail lounge.

Vacating of premises by customers after closing hours.

84(8)

Every person who is in a cocktail lounge, other than the licensee thereof and its employees, shall leave the cocktail lounge within 30 minutes of the time when the sale of liquor therein is required to cease.

Duty of licensee.

84(9)

No licensee of a cocktail lounge shall permit any unauthorized person to remain in the cocktail lounge after 30 minutes have elapsed from the time when the sale of liquor therein is required to cease.

Other uses of certain licensed premises.

84(10)

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.

BEVERAGE ROOM LICENCE

Requirements.

85(1)

The commission may issue a beverage room licence to a person who is the holder of a dining room licence in respect of premises in a hotel under a Certificate of Hotel Registration where

(a) the proposed premises are

(i) in the hotel; or

(ii) in a building that although located in a building separate from the hotel is so related to the hotel that the two constitute a single establishment;

(b) the proposed premises are adequate for the purpose;

(c) the dining room with respect to which the applicant holds a licence is located within reasonable proximity to the beverage room so that food may be readily procured by patrons of the beverage room.

Authority.

85(2)

A beverage room licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass in the beverage room.

Hours of sale.

85(3)

Liquor shall not be sold or served in a beverage room

(a) from 2:00 a.m. on a Sunday until 9:00 a.m. on Monday;

(b) on other days of the week, from 2:00 a.m. to 9:00 a.m.; and

(c) from 2:00 a.m. on a holiday.

Hours of service.

85(4)

Liquor shall not be sold, served or consumed in a beverage room during more than 15 hours on any day.

Extended hours.

85(5)

The commission may, in writing and subject to such terms, conditions and hours of operation as it may prescribe, authorize the holder of a beverage room licence to sell and serve liquor in the beverage room on Sundays and on holidays, for consumption on the premises on the same terms and conditions as under the dining room licence.

Minors forbidden in beverage room.

85(6)

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.

Vacating of premises by customers after closing hours.

85(7)

Every person who is in a beverage room, other than the licensee thereof and its employees, shall leave the beverage room within 30 minutes of the time when the sale of liquor therein is required to cease.

Duty of licensee.

85(8)

No licensee of a beverage room shall permit any unauthorized person to remain in the beverage room after 30 minutes have elapsed from the time when the sale of liquor therein is required to cease.

Other uses of certain licensed premises.

85(9)

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.

CABARET LICENCE

Requirements.

86(1)

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.

Authority.

86(2)

A cabaret licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass in the cabaret with or without meals from Monday to Saturday and with meals on Sunday.

Entertainment.

86(3)

A cabaret licensee shall provide live entertainment in accordance with the regulations during each day on which the cabaret is open.

Hours of sale.

86(4)

No liquor shall be sold or served in a cabaret

(a) from 2:00 a.m. to 5:00 p.m.;

(b) from 10:00 p.m. on Sunday to 5:00 p.m. on Monday; and

(c) from 2:00 a.m. on a holiday.

SPORTS FACILITY LICENCE

Requirements.

87(1)

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 Tourism and Recreation 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.

Authority.

87(2)

A sports facility licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass 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.

Hunting or fishing lodge.

87(3)

Where the licensed facility is a hunting or fishing lodge, the holder of the licence is authorized to purchase liquor from the commission 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.

Hours of sale.

87(4)

No liquor shall be sold or served in a sports facility from 2:00 a.m. until 11:00 a.m. on any day or from 2:00 a.m. on a holiday.

SPECTATOR ACTIVITIES LICENCE

Requirements.

88(1)

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.

Authorization.

88(2)

A spectator activities licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass without meals in areas of the building prescribed by the commission.

Hours.

88(3)

No liquor shall be sold or served under a spectator activities licence

(a) from 2:00 a.m. until 11:00 a.m., unless otherwise authorized by the commission; and

(b) on Good Friday and Remembrance Day.

PRIVATE CLUB LICENCE

Requirements.

89(1)

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 not less than 100 persons over the age of 18 years; 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.

Authorization.

89(2)

A private club licence authorizes the licensee to purchase liquor from the commission only and to sell it for consumption by the glass 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.

Membership dropping below 100.

89(3)

Where a private club or a duly chartered branch thereof 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.

Auxiliary members.

89(4)

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.

Guests.

89(5)

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 10% of the permanent local membership of the 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.

Spouses.

89(6)

The spouse of a member is not a guest for the purposes of subsection (5).

Special authorization.

89(7)

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.

Roster.

89(8)

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.

Prohibition.

89(9)

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.

Hours.

89(10)

No liquor shall be sold or served in a private club:

(a) from 2:00 a.m. to 9:00 a.m.;

(b) during more than 15 hours on any day;

(c) subject to subsections (11) and (12), on Sunday or a holiday.

Exception where dining facilities.

89(11)

The commission may permit liquor to be sold and served on a Sunday or a holiday by a club that has dining and full kitchen facilities and then only with meals.

Exception for athletic and sports clubs.

89(12)

The commission may permit liquor to be sold and served on a Sunday by an athletic or sports club during such times and subject to such terms and conditions as are prescribed by the commission.

TRANSPORTATION LICENCE

Requirements.

90(1)

The commission may issue a transportation licence to the proprietor or operator of a railway company, an excursion ship, 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.

Authorization.

90(2)

Subject to subsection (4), a transportation licence authorizes the licensee to purchase liquor from the commission only and to sell it, with or without meals, as designated by the commission.

Hours.

90(3)

The holder of a transportation licence may sell or serve liquor to its passengers

(a) at any time when they are being carried internationally or interprovincially; and

(b) when they are being carried intraprovincially at any time except

(i) from 2:00 a.m. until 11:00 a.m.; and

(ii) on Good Friday and Remembrance Day.

Purchases other than from commission.

90(4)

The commission may authorize the holder of a transportation licence to purchase elsewhere than from the commission and under such conditions as the commission prescribes liquor for sale to passengers.

Agreements.

90(5)

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.

CANTEEN LICENCE

Requirements.

91(1)

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.

Authorization.

91(2)

A canteen licence authorizes the licensee to purchase liquor from the commission only and to sell it to members of the unit in respect of which the canteen operates, or their guests for consumption by the glass in the canteen.

Hours.

91(3)

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.

RETAIL LICENCE

Requirements.

92

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 retail store, to any manufacturer of wine in the province, that is the holder of a manufacturer's licence;

(d) sacramental wine vendor, to any person.

Beer vendor - building.

93

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.

Authorization - beer vendor and brewer's retail.

94(1)

A retail licence for a beer vendor or a brewer's retail store authorizes the licensee to purchase domestic beer from the commission only and to sell it in the packages authorized by the commission.

Authorization - wine retail.

94(2)

A retail licence for a wine retail store authorizes the licensee to purchase wine from the commission only and to sell it in the original container.

Authorization - sacramental wine.

94(3)

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.

Records - sacramental wine.

94(4)

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.

No consumption.

95(1)

No liquor may be consumed on licensed retail premises.

Delivery.

95(2)

All beer or wine sold from licensed retail premises shall be delivered to the purchaser in such manner as the commission may prescribe.

Further authorization.

96

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 94(1), (2) or (3).

Hours.

97(1)

A beer vendor, brewer's retail store or wine retail store shall not be open and no beer or wine shall be removed therefrom or sold therein

(a) from 2:00 a.m. on Sunday until 9:00 a.m. on Monday;

(b) on other days of the week, from 2:00 a.m. until 9:00 a.m.;

(c) from 2:00 a.m. on a holiday.

Hours of service.

97(2)

Beer and wine shall not be sold from licensed retail premises during more than 15 hours on any day.

MANUFACTURER'S LICENCE

Requirements.

98(1)

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.

Authorization.

98(2)

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.

Brewer's association.

99

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.

Warehouses.

100

A licensed manufacturer may keep liquor for sale to the commission or for export sale in a bonded warehouse approved by the commission.

Book.

101

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.

Void licences.

102

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.

Restriction.

103(1)

A manufacturer licensed under clause 98(1)(a) shall not directly or indirectly

(a) hold any other licence under this Act except a retail licence; or

(b) enter into any other agreement with any other licensee whereby that licensee agrees to promote the sale of the manufacturer's product; or

(c) control any other licensee; or

(d) loan any money to or take any security from another licensee.

Officers, etc.

103(2)

The prohibitions in subsection (1) apply to the directors, officers and employees of a manufacturer licensed under clause 98(1)(a).

GENERAL PROVISIONS

No minor employed.

104

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.

Employees to be informed.

105

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.

Minor in cocktail lounge.

106(1)

No person under the age of 18 years shall enter a cocktail lounge unless accompanied by his or her parent, spouse or guardian who is at least 18 years of age and no such person shall consume liquor therein unless it is purchased by his or her parent, spouse or guardian and it is consumed with a meal in their presence.

Minor in dining room and cabaret.

106(2)

A person under the age of 18 years may enter a licensed dining room or cabaret but he or she shall not consume liquor therein unless it is purchased by his or her parent, legal guardian or spouse who is at least 18 years of age, and it is consumed with a meal in their presence.

No minors in licensed premises.

107

No licensee shall permit or authorize any person under the age of 18 years to consume liquor in any premises licensed under this Act except as provided in section 106.

Destruction of liquor.

108

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.

No games.

109(1)

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, or play a game or sport other than a game or sport authorized by the commission; or

(b) permit disorderly persons to be in or about the premises; or

(c) knowingly sell liquor to any person who is forbidden by this Act to be in the licensed premises; or

(d) sell or serve liquor to any person who is or appears to be intoxicated.

Request to leave.

109(2)

The licensee may refuse to admit to the licensed premises a person to whom clause (1)(b), (c) or (d) 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.

Ejection.

109(3)

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.

New Year's Eve.

110

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.

Restriction on amount sold.

111(1)

Except as otherwise authorized by the commission, no person holding a licence issued under clauses 73(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) three ounces of spirits; or

(b) three ounces of fortified wine; or

(c) .5 litre of beer or table wine.

No sale while other liquor still on table.

111(2)

No person holding a licence issued under clauses 73(1)(a) to (g) shall sell, serve or permit to be given or supplied to a person on the licensed premises, any more liquor while there is before that person a full or partially full container of spirits, beer or wine.

Thirty minutes extra allowed for consumption.

112(1)

Every person who is in any premises licensed under clause 73(1)(a) to (g) and who has purchased liquor therein may consume the liquor during the 30 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.

Extension.

112(2)

Notwithstanding subsection (1), where in the opinion of the commission it is advisable to do so, the commission may in writing extend the period during which a person may consume liquor in a licensed dining room by an additional 30 minutes, and the order remains in force in respect of the dining room until it is revoked by the commission.

Special events.

113

Where licensed premises are situated in an area where in the opinion of the commission an event of provincial or national significance is taking place, the commission may, by order, extend the period during which liquor may be sold, served or consumed in the premises by such length of time as the commission considers advisable, and the order remains in force in respect of the premises until it is revoked by the commission.

Consumption in premises.

114

Liquor, other than liquor sold by the bottle, purchased in premises licensed under clauses 73(1)(a) to (i) shall be consumed in the licensed premises in which it was purchased.

Evidence.

115

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.

Licence to be posted.

116

Every licensee shall post in a prominent position in the licensed premises and keep posted the licence for the premises.

Seating capacity.

117(1)

The commission shall set for each licensed premises the maximum number of people who may be in those premises at any one time.

Licence to respect maximum capacity.

117(2)

No licensee shall allow on the licensed premises more people than authorized by the commission for those premises.

Order forbidding sale.

118

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.

Voluntary adoption of shorter hours.

119

The licensee of any licensed premises may, with the written approval of the commission, keep the premises closed during any period when liquor may lawfully be sold therein.

Storage of liquor by licensees.

120

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.

Sale of lawful kinds.

121

A licensee may sell or permit to be sold on the licensed premises only liquor that has been purchased from the commission under the licence.

Lawful hours.

122

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.

Credit arrangements.

123

Unless the commission has approved of credit arrangements, no licensee shall sell or permit to be sold on the premises liquor on credit.

Subsecs. 166(4) and (5) am.

10

Subsections 166(4) and (5) of the Act are amended by striking out "73(1)(a), (b), (e), (d), (e), (f), (g), (g.l), (h), (i), (m), (n) or (p)" and substituting therefor "73(1)(a) to (j)" in each case.

Sec. 167 am.

11

Section 167 of the Act is amended by striking out "brewery retail licensee or pharmacy licensee" in clause (a) and (b) and substituting therefor "or retail licensee" in each case.

Sec. 176 rep. & sub.

12

Section 176 of the Act is repealed and the following section is substituted therefor:

Unlawful sale etc. to minors.

176(1)

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.

Exception.

176(2)

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 or spouse of that person, if it is given or supplied to the person in a residence.

Obsolete provisions repealed.

13

Sections 22, 23, 63 to 70, 212, 227 and 230 and subsections 45(18), 175(4) and 175(5) are repealed.

Transitional.

14(1)

On the coming into force of this Act, a licence under Part III of the Act as it read immediately prior to the coming into force of this Act of a class listed in column I of the Schedule shall be deemed to be a licence under Part III of the Act as enacted by this Act of the class listed in column II of the Schedule opposite that first-mentioned class.

Exception.

14(2)

Where a licence is on the coming into force of this Act restricted, pursuant to a local option by-law, as to the kinds of liquor that may be sold, those restrictions remain in force until the by-law is amended.

Commencement of Act.

15

This Act comes into force on the day it receives the royal assent.

SCHEDULE

REORGANIZATION OF LICENCES

I
OLD CLASS
II
NEW CLASS
Beverage Room
Beer Parlour
Beverage Room
Dining Room Liquor
Restaurant Beer & Wine
Restaurant Wine
Dining Room
Cocktail Room Cocktail Lounge
Cabaret Cabaret
Club Restaurant Beer & Wine
Club Beverage Room
Club Beer
Club Dining
Club Cocktail
Club Restaurant Wine
Private Club
Canteen Canteen
Brewer's
Distiller's
Winery
Manufacturer's
Beer Vendor
Pharmacist
Brewer's Retail
Sacramental Wine Vendor
Wine Retail
Retail
Hunting & Fishing Lodge Sports Facility
Special Events Spectator Activities