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The Liquor Control Act
This is an unofficial archived version of The Liquor Control Act
as enacted by SM 1988-89, c. 1 on October 19, 1988.

R.S.M. 1988, c. L160

The Liquor Control Act

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

Definitions.

1

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(l)(h); ("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% and not more than 1.0% alcohol by volume; ("boisson controlée")

"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); ("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 60(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 60(l)(a), to (g); ("arrêté d'autorisation")

"Licensing Board" The Licensing Board continued under section 19; ("Commission des licences")

"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")

PART I

THE COMMISSION

Commission continued.

2

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.

Appointment of members.

3(1)

The members of the commission shall be appointed by the Lieutenant Governor in Council, who shall also designate one of the members to be the chairman and another the vice-chairman of the commission.

Duties of vice-chairman.

3(2)

Where the office of the chairman of the commission is vacant or the chairman is absent or unable to act for any cause, the vice-chairman of the commission shall act as chairman of the commission and has all the duties, functions, powers and authority of the chairman.

Time required from members.

3(3)

The members of the commission shall devote such portion of their time to their duties hereunder as may be directed by the Lieutenant Governor in Council.

Vacancies.

4(1)

Any vacancies occurring in the commission shall be filled by the Lieutenant Governor in Council; but no vacancy in the commission impairs the right of the remaining member or members to act until the vacancy is filled.

Acting commissioners.

4(2)

Where any member of the commission is absent from the province or, in the opinion of the Lieutenant Governor in Council is, by reason of illness or any other cause, incapable of performing his duties, the Lieutenant Governor in Council may, by order in council, appoint a person to act in the place and stead of the absent or incapacitated member during such period as may be fixed in the order, and may extend that period as may be required; and, during the period for which he is so appointed, the person appointed may discharge the duties, and has all the rights and powers, of a member of the commission.

Duration of office and salaries.

5

Each member of the commission shall hold office during the pleasure of the Lieutenant Governor in Council; and the salaries of the members of the commission shall be fixed by the Lieutenant Governor in Council.

Quorum.

6

Three members of the commission constitute a quorum, unless the Lieutenant Governor in Council otherwise specifies.

Appointment of gen. manager.

7(1)

The Lieutenant Governor in Council shall appoint a suitable person who is not a member of the commission, to be general manager and chief executive officer of the commission.

Duties of general manager.

7(2)

The full time and attention of the general manager shall be devoted to the business and affairs of the commission and the general manager has the supervision of its officers, including the Chief Inspector appointed under clause 8(l)(h), and of its employees appointed under subsection (3).

General manager to appoint employees.

7(3)

The general manager shall appoint the employees required for the operation or carrying out of this Act, other than the officers appointed under clause 8(1)(h).

Powers of commission.

8(1)

The commission has the following powers:

(a) To buy, import and sell liquor.

(b) To control the possession, sale, transportation and delivery of liquor in accordance with this Act.

(c) Subject to section 16 and to Part VIII, to determine the places in the province in which liquor stores shall be established throughout the province, and the situation of the store or stores in any such place.

(d) To issue, refuse, cancel, or suspend permits for the purchase of liquor.

(e) To issue, refuse, cancel, or suspend licences to sell liquor.

(f) To lease any building or land required for the operation of this Act.

(g) To buy or lease all plant, furnishings and equipment it may consider necessary and useful in carrying into effect the objects and purposes of this Act.

(h) In consultation with the general manager to appoint the officers, other than the general manager, but including the Chief Inspector, required for the operation or carrying out of this Act.

(i) To engage the services of experts and persons engaged in the practice of a profession, if deemed expedient.

(j) To determine the nature, form, and capacity of all packages in which liquor is kept or sold under this Act, and the manner in which they shall be marked, labelled, closed, fastened, or sealed.

(k) To make provision for the creation and maintenance of warehouses for liquor, and to control the keeping in, and delivery to or from, any such warehouses.

(l) To prescribe the equipment and management of liquor stores and warehouses in which liquor is kept or sold, and to prescribe the books and records to be kept therein.

(m) To control the purchase of liquor and the furnishing of liquor to liquor stores established under this Act.

(n) To determine the classes, varieties, and brands of liquor to be kept for sale at any liquor store.

(o) To regulate the possession and consumption of homemade wine and beer lawfully manufactured.

(p) To control the conduct, management, and equipment of any premises upon which liquor may be sold under this Act.

(q) To specify and describe the place and manner in which liquor may be lawfully kept or stored, and to supervise the distribution of supplies.

(r) Subject to this Act, to specify, regulate, and supervise, the hours and days when, and the manner, methods, and means by which, liquor shall be delivered under this Act, and the days and hours when, and the manner, method, and means by which, liquor under this Act may be lawfully conveyed or carried; and subject as aforesaid, to fix the charges for delivery of liquor.

(s) To prescribe, where not provided by this Act, the kinds and quantities of liquor that may be purchased by any person, including the quantity that may be purchased at any one time or within any specified period of time, and the alcoholic content of any such liquor.

(t) To prescribe the type or kind of glass or container that must be used in any licensed premises to contain liquor sold by the glass, and the marking, if any, that must appear thereon.

(u) To prescribe the form of records of purchase of liquor by the holders of licences or permits of any class, and the reports to be made thereon to the commission, and to provide for inspection of the records so kept.

(v) To prescribe forms to be used for the purposes of this Act or of the regulations and the terms and conditions in permits and licences issued under this Act.

(w) To prescribe the nature of the proof to be furnished, and the conditions to be observed in the issuing of duplicate permits in lieu of those lost or destroyed.

(x) To prescribe the books of account to be kept by the commission showing the expenditures of the commission in the administration of this Act and in the purchase, sale, and delivery of liquor hereunder, and the receipts of the commission from the sale of liquor in any liquor store or from the issue of licences and the issue of permits and the collection of fees.

(y) To prescribe, subject to this Act, and where not otherwise provided in this Act, the conditions, qualifications and procedure necessary for the obtaining of licences and the books and records to be kept and the returns to be made by the licensees and the number of licensed premises of any class of licence in any municipality; to provide for the inspection and supervision of licensed premises; and to regulate and control the conditions under which liquor is to be sold or consumed in such premises.

(z) To fix the various prices at which liquor of all kinds may be sold by the commission or by any person under this Act, and to provide for the issuing and distributing of price lists showing the prices to be paid for each class, variety, or brand, of liquor kept for sale under this Act.

(aa) To prescribe an official seal and official labels, and to determine the manner in which the seal or label shall be attached to every package of liquor sold or sealed under this Act, including the prescribing of different official seals or different official labels for different classes, varieties and brands of liquor.

(bb) To provide for the collection and return to licensees or to the commission of empty bottles and to prescribe the price to be allowed for empty bottles.

(cc) To prescribe, subject to this Act, the days and hours at which liquor stores or any of them shall be kept open for the sale or delivery of liquor.

(dd) Where it deems it necessary in the public interest, to close any licensed premises or prohibit the sale of liquor on or from any licensed premises for any period or on certain days or during certain hours on one or more days.

(ee) Subject to approval by the Lieutenant Governor in Council, to fix the fee for any licence or permit the amount of which is not stated herein, and to fix the fee for anything done, or permitted to be done, under this Act or the regulations for which no fee is otherwise provided herein.

(ff) To inquire into, and investigate, the sale of any product containing alcohol and that is capable of being consumed in liquid or solid form by any person, either dissolved or undissolved or diluted or undiluted; and for that purpose to hold hearings and to make reports as to what, if any, measures should be taken to prohibit or control the sale of any such product.

(gg) To inquire into any matter that relates to, or arises under, the operation of this Act including, without restricting the generality of the foregoing, the operations of brewers, distillers, and other persons holding licences under this Act, and the prices charged, and the gross and net profits made, by them, and the cost to them of carrying on their operations.

(hh) Without in any way limiting, or being limited by the foregoing, to do all such things as are deemed necessary or advisable by the commission for the purpose of carrying into effect this Act, or the regulations.

Part V of Evidence Act.

8(2)

When exercising the powers mentioned in clauses (1)(ff) or (gg) the commissioners have the powers of commissioners appointed under Part V of The Manitoba Evidence Act.

Duties of Chief Inspector.

8(3)

The Chief Inspector shall perform the duties given to the Chief Inspector under this Act or the regulations and such other duties in respect of this Act and its enforcement as may be assigned to the Chief Inspector by the general manager.

REGULATIONS

Power to make regulations.

9(1)

The commission may make such regulations, not inconsistent with this Act, as to the commission seems necessary, for carrying out this Act, and for the efficient administration thereof.

Regulations under Act.

9(2)

Where it is provided in this Act that any act, matter, or thing may be done, if permitted or authorized by the regulations, or may be done in accordance with the regulations, or as provided by the regulations, the commission may make regulations respecting the act, matter, or thing; and where it is provided in this Act that any act, matter, or thing may be done with the approval or consent, or by order, or under the direction or supervision, of or as prescribed by, the commission, the commission may give the approval or consent, make the order or direction, or prescribe, or require the supervision, and may make regulations accordingly.

Regulations respecting advertising.

10

Subject to the approval of the Lieutenant Governor in Council, the commission may make regulations regulating advertising with respect to licensed premises and liquor; but such regulations shall not permit broadcasting of advertisements with respect to licensed premises or liquor between 7:00 o'clock in the morning and 10: 00 o'clock in the evening.

Declaration of substance as liquor.

11(1)

The commission may, by regulation, declare to be liquor

(a) any liquid that is capable of being consumed by any person and that is intoxicating; and

(b) any substance that, by being dissolved or diluted or mixed with any other substance, is capable of being made suitable for use as a beverage and that is intoxicating.

Regulations as to sale or use.

11(2)

The commission may, by regulation, prescribe the conditions under which any such substance is to be sold or used when in a solid, semi-solid, or syrup state; and may, by regulations, prohibit such sale or use.

Non-potable intoxicating substance.

11(3)

The commission may, by regulations, designate as a non-potable intoxicating substance any liquid or other substance

(a) that contains more than 1% alcohol by volume; or

(b) that the commission deems to be intoxicating;

and that is not designed or intended by the maker or producer thereof to be used as a beverage.

Description.

11(4)

In making a designation under subsection (3), the commission may describe any liquid or other substance

(a) in general terms; or

(b) by its ordinary or its scientific name; or

(c) by the trade name or other descriptive name given to it by the maker or producer thereof.

Determination of intention of maker.

11(5)

In determining, under subsection (3), the design or intention of the maker of any liquid or other substance respecting the use thereof, the commission may accept as conclusive evidence the statements, information, or wording appearing

(a) on the labels attached to the bottles, packages, tins, or other containers, in which it is sold, displayed, or delivered; or

(b) in any printed or written descriptive matter displayed with it, or accompanying it, when sold or offered for sale; or

(c) in any advertising matter respecting the substance published or distributed by the maker or a seller thereof.

Rules of conduct for licensees.

12

The commission may, by regulations, adopt and promulgate rules of conduct to be observed by persons to whom have been issued licences of any one or more of the classes set out in subsection 60(1); and on the publication of the rules as required by The Regulations Act, every person affected thereby shall comply therewith.

When in force.

13

Where the commission makes regulations, if they are regulations within the meaning of The Regulations Act, they shall be filed and published as in that Act required; but in any event they shall be published in The Manitoba Gazette, and, subject to The Regulations Act, they thereupon become effective.

Purchase of land.

14

The commission may, with the approval of the Lieutenant Governor in Council, purchase any land or purchase or construct any building required for the operation of this Act and, with the same approval, may sell or lease any land or building so purchased; and any building so purchased may be remodelled, furnished, and equipped by the government or by the commission as the Lieutenant Governor in Council determines.

Municipal taxation.

15(1)

Notwithstanding any Act, the commission and the land, personal property, and business of the commission, are not liable to taxation, or to be taxed, by any municipality.

Grants in lieu of taxes.

15(2)

The commission, as an operating expense, shall make annually to any municipality in which lands or personal property of the commission are situated, or in which the commission carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.

Establishment of liquor stores.

16(1)

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

Liquor stores in unorganized territory.

16(2)

The commission shall not establish a liquor store in any part of unorganized territory unless the Lieutenant Governor in Council, on receipt of a recommendation of the commission that the liquor store be established, has approved the establishment thereof.

Limitation on establishment.

16(3)

Where, immediately before July 16, 1956, a municipality was under local option within the meaning of the former Act, no liquor store shall be established therein unless

(a) the by-law by virtue of which the municipality came under local option is repealed as provided in Part VII of this Act; or

(b) the council thereof passes, under Part VII,

(i) a licensed sale by-law; or

(ii) a by-law approving the establishment of liquor stores in the municipality.

Designation of agent.

17(1)

Where the commission deems that any part of unorganized territory or any rural area is at such a distance from an existing liquor store that it is desirable that, for the convenience of the inhabitants thereof, a place for the sale of liquor be established therein, if the commission considers that it is not economically advisable to establish therein a liquor store under section 16, it may, subject to Part VII, authorize a responsible person carrying on or about to commence carrying on business therein, to act as a liquor vendor.

Powers of liquor vendor.

17(2)

A liquor vendor may, subject to such terms and conditions as the commission may prescribe and to this Act, buy liquor from the commission and sell the liquor to members of the public.

Revocation of appointment.

17(3)

The commission may, at any time and in its absolute discretion, revoke the appointment of a liquor vendor and require him to return to the commission, or to such place as it may prescribe, all liquor held by him as a liquor vendor.

Application of Act to agent.

17(4)

All provisions of this Act relating to liquor stores established under section 16 apply, with such modifications as the circumstances require, to a liquor vendor and to that part of the premises operated by him that is used by him for the sale of liquor.

Liquor to be carried away.

17(5)

All liquor purchased from a liquor vendor shall be delivered to the purchaser on the premises and shall be carried by the purchaser to a place where it may lawfully be consumed.

Duty free liquor store.

17(6)

The commission may establish a duty free liquor store, or appoint a person as agent with authority to operate a duty free liquor store, subject to such terms and conditions as the commission may prescribe, at the Winnipeg International Airport for the purpose of selling liquor to persons who are leaving Manitoba by air and at any crossing point on the border between Manitoba and the United States of America for the purpose of selling liquor to persons who are leaving Manitoba by any mode of ground transportation for consumption outside Canada and who are eligible to purchase liquor under this Act; and

(a) notwithstanding subsection 51(1) a particular variety of liquor sold at such a duty free liquor store may vary from the price at which that variety of liquor is sold at other liquor stores; and

(b) notwithstanding sections 54 and 55, liquor may be sold and delivered from such a duty free liquor store at such times as the commission may prescribe.

Control of sale.

18

Neither this Act nor any other Act or law compels the commission to sell or deliver liquor to any person.

LICENSING BOARD

Licensing Board.

19(1)

The Licensing Board composed of five persons appointed by the Lieutenant Governor in Council, not less than four of whom are persons who are not members of the commission, is continued.

Chairman of the board.

19(2)

The Lieutenant Governor in Council shall designate one of the members of The Licensing Board as chairman thereof.

Quorum of Licensing Board.

19(3)

Three members of The Licensing Board constitute a quorum.

Acting chairman.

19(4)

In the absence of the chairman of The Licensing Board, or in the case of his incapacity to act, The Licensing Board shall elect one of the members to act as chairman at meetings of the board, and while so acting that person has all the powers and duties of the chairman of The Licensing Board.

Control over certain licences.

20(1)

The Licensing Board shall consider every application for a licence of the classes mentioned in clauses 60(l)(a) to (j), or for rehearing after a cancellation of a licence of those classes, and may summon the applicant and witnesses and take evidence; and no licence of any of those classes shall be granted or renewed until considered by the board.

Power of board.

20(2)

In considering matters brought before it, the Licensing Board has the same power and authority to summon and examine witnesses, take evidence and make inquiries as a commissioner for public inquiries appointed under The Manitoba Evidence Act.

Board to make recommendations.

20(3)

The Licensing Board shall make such recommendations to the commission with respect to each application brought before it as it deems proper.

Recommendation subject to conditions.

20(4)

Where the Licensing Board recommends to the commission that a licence be issued subject to conditions stated in the recommendation, if the commission issues the licence subject to those conditions or any of them, the commission shall not subsequently omit or alter any of the conditions, either while the licence subsists or in any renewal thereof, without first referring the matter to the Licensing Board and obtaining its recommendation with respect thereto.

Appeals from recommendation.

21(1)

Where under section 20 the Licensing Board recommends that an application for a licence be refused, the applicant may appeal the recommendation to the Licensing Board and, where upon the appeal the Licensing Board refuses to alter its recommendation, may appeal the recommendation to the commission.

Further appeals to Licensing Board.

21(2)

The refusal of the Licensing Board to alter its recommendation upon an appeal under subsection (1) does not prevent the appellant from making a further appeal or further appeals of the recommendation to the Licensing Board before or instead of appealing the recommendation to the commission, but the Licensing Board may refuse to hear an appeal under this subsection unless it is satisfied that the appellant has new evidence or new information to submit or a new ground of appeal to argue or that circumstances material to the application for the licence have changed since the date of the last appeal.

Public hearings.

21(3)

An appeal under this section shall be heard in public session, and the appellant may appear at the hearing of the appeal either alone or with counsel and be heard and may call witnesses and submit other evidence thereat.

Sittings of Licensing Board.

22(1)

The Licensing Board may be called together at any time by the chairman of the board, in which case he shall arrange the time and place of meeting; and the Licensing Board may meet at any time on its own motion.

Sittings to be public.

22(2)

All meetings of the Licensing Board to hear representations are open to the public.

LICENCES AND PERMITS

Commission not compelled to issue.

23(1)

Where by this Act a licence or permit may be issued, the commission may issue the licence or permit; but nothing in this Act compels the commission to issue any licence or permit.

Oaths.

23(2)

Every member of the commission, and every official authorized by the commission to issue permits or licences under this Act, may administer any oath, and take and receive any evidence or declaration, required under this Act or the regulations.

Licences and permits under Act.

24

A licence does not authorize the sale of liquor, nor does a permit authorize the purchase of liquor, unless the sale or the purchase, respectively, is in accordance with this Act and the regulations and unless the licence or permit is in force.

Suspension or cancellation.

25(1)

The Licensing Board may, in its discretion, suspend or cancel any licence or permit issued under this Act, after giving reasonable notice to the licensee or permittee and hearing him and any persons he may bring to testify on his behalf; and of the person named in the licence or permit conferred by or under this Act shall be suspended or determined, as the case may be, and when a licence or permit is cancelled it is void.

Period of suspension.

25(2)

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.

25(3)

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 34, with such modifications as the circumstances require.

Disposal of liquor in possession.

25(4)

On receipt of a notice of the suspension or cancellation of his licence or permit, the holder of the licence (other than a manufacturer's licence) or permit, whether the suspension or cancellation is by the Licensing Board or a justice, shall, if so required in the notice, forthwith deliver to the commission all liquor then in his possession or under his control, to be purchased by the commission in its discretion at a price to be fixed by it, if lawfully in the possession of the licensee or permittee, otherwise to be forfeited to Her Majesty in right of the province to be destroyed or otherwise disposed of under the direction of the minister.

Effect of cancellation.

25(5)

Where a licence or permit is cancelled or suspended, the commission shall notify all its officials concerned and such other persons as it may deem advisable or as it may be required by the regulations to notify, of the cancellation or suspension; and where a licence or permit is cancelled no further licence or permit shall be issued to the person whose licence or permit, as the case may be, is cancelled or in respect of the premises mentioned therein, except as provided in this Act.

Re-hearing by commission.

25(6)

Any person whose licence has been cancelled or suspended under this Act may, at any time within 14 days after the cancellation or suspension, appeal the cancellation or suspension to the commission and shall be heard by the commission in public session; and, if it is decided by the commission, in the case of a cancellation, that the licence should be reinstated, the commission may issue to that person a new licence without any of the formalities, required by this Act to be taken by the applicant, being taken by him.

PROPERTY, FINANCING, ACCOUNTING

All payments to commission.

26

All moneys received from the sale of liquor at liquor stores, or from licence and permit fees, or otherwise arising in the administration of this Act, shall be paid to the commission.

Property to belong to government.

27

All property, whether real or personal, all moneys acquired, administered, possessed, or received by the commission and all profits earned in the administration of this Act, are the property of the Government of Manitoba; and all expenses, debts, and liabilities, incurred by the commission in connection with the administration of this Act shall be paid by the commission from the moneys received by the commission under that administration.

Financing working capital.

28(1)

To provide adequate working capital for the commission and to meet all other expenditures for the purposes of this Act, the government, on the authority of an order by the Lieutenant Governor in Council, may

(a) borrow money and make arrangements with any bank for loans or money overdrafts; or

(b) in each year make loans to the commission by way of advances from the revenue division of the Consolidated Fund, not exceeding such amount as may be fixed in respect of that year by order of the Lieutenant Governor in Council.

Issue of securities for moneys borrowed.

28(2)

The government may, as security for any moneys borrowed or overdrafts, issue treasury bills or notes bearing interest; and every amount obtained by way of loan or overdraft as provided in clause (l)(a) shall until repaid, together with the interest thereon, be a charge against the Consolidated Fund; and any such treasury bill or note may be renewed and reissued.

Repayment of loans made to commission.

28(3)

Advances made under clause (l)(b) shall be made on such terms, and repaid at such times, as the Lieutenant Governor in Council, by order, provides.

Payments by commission.

29(1)

The commission shall make all payments necessary for the administration of this Act, including the payment of the salaries of the members of the commission, the general manager, the Chief Inspector and the staff of the commission, and all expenditures incurred in establishing and maintaining liquor stores and in the administration of this Act.

Certain charges against profits.

29(2)

As part of the cost of the administration of this Act there shall be charged to the profits of the commission and paid by the commission if approved by order of the Lieutenant Governor in Council, such sums each year, as are necessary for the enforcement of this Act by the government, and for the transporting and maintenance of all prisoners convicted of any offence against this Act, whether the conviction took place within a municipality or elsewhere.

Accounts.

30(1)

The accounts of the commission shall be made up to March 31 in each year, and at such other times as may be determined by the Lieutenant Governor in Council; and in every case the commission shall prepare a balance sheet and statement of profit and loss and submit them to the Provincial Auditor for his certification.

How divided.

30(2)

The accounts of the commission shall show gross income arising from each of the following:

(a) Sale of spirituous liquor.

(b) Sale of beer.

(c) Sale of wine.

(d) Licence, permit, and other fees.

Audit.

30(3)

The accounts of the commission shall, at least once in each year, be audited and reported on by an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council and the cost thereof shall be paid by the commission.

Special audits.

30(4)

Notwithstanding subsection (3), the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of or investigation into the accounts or affairs of the commission and where the Lieutenant Governor in Council orders an audit or investigation he shall designate the person, who may be the Provincial Auditor, to make the audit or investigation.

Disposal of profits.

31(1)

From the profits arising under this Act, as certified by the Provincial Auditor, there shall be taken such sums as may be determined by the Lieutenant Governor in Council for the creation of a reserve fund to repay moneys borrowed under section 28, and to meet any loss that may be incurred in connection with the administration of this Act or by reason of its repeal.

Profits payable to Consolidated Fund.

31(2)

The net profits, remaining from time to time, after providing the sums required for purposes of the reserve fund, are a part of the Consolidated Fund and shall be appropriated to the public service of the province.

When payable to Min. of Fin.

31(3)

The net profits of the commission shall be paid over to the Minister of Finance at such times and in such manner as the Minister of Finance may direct.

Reports of commission.

32(1)

The commission shall make reports to the minister covering such matters in connection with the administration or enforcement of this Act as he may require, and shall annually make to the Lieutenant Governor in Council, through the minister, a report for the 12 months ending March 31 in the year in which the report is made, which shall contain

(a) a statement of the nature and amount of the business transacted during the year;

(b) a statement of assets and liabilities, including a profit and loss account, and such other accounts and matters as may be necessary to show the result of operations of the commission for the year, and also a statement of expenditure for law enforcement under section 22;

(c) general information and remarks as to the working of this Act;

(d) any other information requested by the minister.

To be laid before Legislature.

32(2)

The annual report shall be laid before the Legislature forthwith if it is then in session, and if not then in session, within 15 days after the opening of the next session.

EXPIRY OF LICENCES AND PERMITS

Term of licences and permits.

33(1)

Subject as herein provided, unless sooner cancelled or suspended, every licence and every permit becomes effective on the date stated therein and expires at the end of March 31 of the fiscal year of the commission in or in respect of which it is issued, except in the case of

(a) a permit issued for a social occasion or other special occasion or for a limited and specified number of purchases; and

(b) a licence or permit that, according to its terms, expires sooner.

Early issuance.

33(2)

A licence or permit may be issued on or before March 31 in any year for the fiscal year of the commission beginning on April 1 next following.

ORDERS AND NOTICES

Signature.

34(1)

Written notices, orders, directions, licences, permits, or permissions, by or from the commission may, unless otherwise expressly provided, be signed by the chairman or by any member of the commission or by any person authorized so to do by the commission.

Notice of cancellations.

34(2)

Notice of cancellation or suspension of a permit or licence by the commission shall be given by a written notice from the commission served on the permittee or licensee or mailed in an envelope postpaid and registered, addressed to the permittee or licensee at the address given in the permit or licence and the cancellation or suspension takes effect on the day and hour named by the commission in the notice of cancellation or suspension.

Periods of suspension.

34(3)

A notice of suspension shall state the period of time during which a licence or permit remains suspended, or whether the suspension is indeterminate.

Other notices and orders.

34(4)

Other notices and documents referred to in subsection (1) may be given or served by being mailed in an envelope postpaid and registered, addressed to the person for whom the notice or document is intended, and takes effect at a day and hour named by the commission in the notice or document.

Record and proof of service.

34(5)

In all cases a record shall be kept by the commission of the time of the mailing, and, until the contrary is proved, a notice or document shall be deemed to have been mailed to the person for whom it was intended at the time shown in the record, prima facie proof whereof may be given by certificate of the chairman or any member of the commission, as hereinafter provided.

MISCELLANEOUS

Finality of acts of commission.

35

Every action, order, or decision of the commission as to any matter or thing in respect of which any power, authority, or discretion is conferred on the commission, under this Act is final and not subject to appeal.

Powers of commission supplemental.

36(1)

Where, by any provision of this Act, power is given the commission respecting any matter, thing, or person, and by the same or any other provision further or other power is given the commission respecting the same matter, thing, or person, the latter power is in addition to, and not in substitution for, the former.

Powers of justice and commission.

36(2)

Where by any provision of this Act power is given a justice respecting any matter, thing, or person, and by the same or any other provision further or other power is given the commission respecting the same matter, thing, or person, the latter power is in addition to, and not in substitution for, the former.

Prohibited place.

37(1)

The commission may order in writing any place, building, or premises, designated in the order to be a prohibited place for such period as is stated in the order.

Delivery.

37(2)

While any such order is in force,

(a) no delivery of liquor shall be made to, at, or in, the prohibited place;

(b) liquor shall not be had, kept, sold, purchased, or consumed, in the place;

(c) the place, building, or premises shall be deemed not to be a residence.

Licensed premises.

37(3)

Where, in any prohibited place, there are licensed premises in respect of which the licence is under suspension, the commission may cause the licensed premises to be closed, and the doors, windows, and other means of ingress thereto to be closed by means of boards, seals, or padlocks or otherwise; and thereafter no person shall enter or attempt to enter therein while the licensed premises are so closed except by the written permission of the commission.

Order mandatory.

37(4)

Subject to subsection (5), where a person is convicted

(a) of an offence against section 111 or clause 112(b); or

(b) under the Criminal Code, of keeping a common bawdy house, a common betting house, or a common gaming house; or

(c) of an offence under the Excise Act (Canada) relating to unlawful possession, manufacture, sale, or other dealing with liquor;

the commission shall make an order under subsection (1) with respect to the premises in, on, or with respect to, which the offence was committed unless they are licensed premises and, where the offence was not committed on or with respect to premises in which the person convicted resides, the commission, if the justice convicting the person so directs, shall make an order under subsection (1) with respect to the premises in which the person convicted resides and, unless sooner revoked by the commission, the order shall remain in effect for one year or, if the person convicted resides therein, until he ceases to reside therein.

Recommendation of justice.

37(5)

Where the justice convicting a person of an offence mentioned in clause (4)(a), (b) or (c) recommends to the commission that no order be made under subsection (1) with respect to the premises in, on, or with respect to, which the offence was committed, or that such an order be made for a period of less than one year, the commission may, in accordance with the recommendation, omit to make an order under subsection (1) as provided in subsection (4) or make such an order for a period of less than one year.

Revocation of order.

37(6)

Where the commission is satisfied that there has been an actual and bona fide change in the ownership or occupancy of premises with respect to which an order has been made under subsection (1), or is satisfied that it is otherwise just and desirable to do so, it may revoke the order and issue a certificate signed by a member of the commission or an officer or employee of the commission authorized by the commission for the purpose, declaring that the premises are no longer a prohibited place; and from the date of the delivery of the certificate the premises shall cease to be a prohibited place.

End of Part I

PART II

PERMITS

Classes of permits.

38

There are the following classes of permits to purchase liquor under this Act:

(a) Special permits.

(b) Occasional permits.

Formalities to obtain permits.

39(1)

Upon application, in the form prescribed for the class of permit desired, being made to the commission, accompanied by the payment of the proper fee, and upon being satisfied that the applicant is qualified to hold the permit applied for, the commission may issue to the applicant a permit, in the form prescribed for the class of permit applied for, to purchase liquor for the purpose named in the permit and in accordance with this Act and the terms of the permit; and the provisions respecting special permits are as set out in subsection (2).

Special permits.

39(2)

A special permit is authority to purchase liquor of the kind and quantity, and at the time or times, set out in the permit for use only in the permittee's profession, business or pursuit, or in an institution of the kind hereinafter designated, or for a special purpose, as the case may be,

(a) to a pharmacist, physician, dentist, or veterinary; or

(b) to a person engaged, within the province, in a mechanical or manufacturing business or scientific pursuit in which liquor is required; or

(c) to a person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged or infirm people; or

(d) subject to the regulations, to any person to purchase liquor for any special purpose for which provision is not otherwise made in this section, which purpose shall be stated in the special permit.

Permits to buy from distiller.

39(3)

A special permit under clause (2)(b) or (c) may authorize

(a) a manufacturer who has given to the Government of Canada a bond that the commission deems to be satisfactory for the purposes of this subsection; or

(b) a manufacturing druggist or the owner or operator of a hospital;

to purchase, under the supervision of the commission, alcohol or wine directly from a distillery or winery operator.

Fees for special permits.

40(1)

There is no fee for special permits under clause 39(2)(c); and the fee for other special permits shall be as prescribed in the regulations.

Place of purchase.

40(2)

The commission may designate in any special permit the liquor store at which liquor shall be purchased under the permit.

OCCASIONAL PERMITS

Issue of occasional permits.

41(1)

Where authorized by the regulations, and subject thereto, the commission may issue an occasional permit to any individual in charge of a social occasion, or to any recognized society, association, club or other duly constituted organization, whether incorporated or not, to purchase liquor from the commission and to serve the liquor so purchased at a social occasion.

Liquor for social occasion.

41(2)

The quantity and kinds of liquor that may be purchased under an occasional permit to be served and consumed at a social occasion shall be suitable to the occasion as is determined by the commission and shall be set forth in the permit; and the place at which the liquor shall be purchased may be designated by the commission.

Food at social occasion.

41(3)

The holder of an occasional permit shall have at the social occasion thereby authorized, and make available to the persons attending it, food suitable to the occasion and of a quantity and kind satisfactory to the commission.

Number of occasional permits.

41(4)

The commission, in its discretion, may determine the number of occasional permits that, in any year, may be issued to any person or on behalf of any organization.

Application for occasional permit

41(5)

The application for an occasional permit shall show the place and time of, and the number of persons expected to attend, the social occasion, and if liquor is to be sold as provided in subsection (11), the price at which it is to be sold.

Signing of application.

41(6)

The application shall be signed

(a) in the case of an individual, by the applicant;

(b) in the case of a corporation, by one of the officers thereof; and

(c) in the case of an unincorporated society, association, or organization, by three of its officers unless the commission is satisfied to accept the signatures of two officers or of one officer;

and in a case to which clause (b) or (c) applies, each officer who signs the application is responsible for the lawful use of the permit.

Delivery of application.

41(7)

The application shall be forwarded to, and received by, the commission at its head office, with the fee prescribed therefor in the regulations at least seven days before the date of the social occasion, or within such a shorter period before that date as the commission, in its discretion, in any case deems to be sufficient, having regard to the circumstances of the case.

Variation in place or time.

41(8)

The place and time of the social occasion may be varied by, but in any event shall, with all other matters relating to the social occasion and the consumption of liquor thereat, be approved by, the commission before the occasional permit is issued.

Use of liquor.

41(9)

All liquor had at a social occasion shall be purchased from the commission and shall be delivered, had, kept, consumed, and accounted for, in accordance with the directions of the commission.

No other meals in same room.

41(10)

No social occasion at which liquor is served shall be held in any room in which meals are being served to the public at the same time that the social occasion is being held.

Sale of liquor to guests.

41(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.

Minors at social occasions.

41(12)

A person under the age of 18 years may enter, be in, and remain in, premises in which a social occasion is being held in respect of which an occasional permit has been issued, and may be present at the social occasion; and no liquor of any kind shall be bought by, or consumed by him, and no person shall sell or give liquor to him, while he is in the premises or present at the social occasion.

Permits for conventions.

41(13)

Where an organization is holding a convention, exhibition, fair, rodeo, stampede, tournament, or other meeting, lasting more than one day, the commission, on payment of the prescribed fee, may issue to a person applying therefor an occasional permit that is valid for the number of days stated therein and that authorizes the purchase of liquor and the serving thereof, as provided in this section, at social occasions held by the organization on days, and during hours on those days, prescribed by the commission and set forth in the permit.

Community occasions.

41(14)

Where an occasional permit is issued under subsection (13) in respect of an exhibition, fair, rodeo, stampede, tournament, or other event that involves the entire community, subsection (10) does not apply to the permit or to the event or social occasion or the service of liquor thereat.

Suitability of places.

41(15)

The commission may refuse to issue an occasional permit

(a) if it is not satisfied that the premises in which it is proposed to hold the social occasion in respect to which application for the permit is made,

(i) are in a safe condition with respect to possible danger, from fire or other causes, to persons therein assembled; and

(ii) are in a clean and sanitary condition and not likely to endanger the health of persons so assembled; or

(b) if the social occasion is to be held in a place or premises that the commission deems to be unsuitable for that social occasion, or is to be held under circumstances that the commission deems to be unsatisfactory.

Prohibited time.

41(16)

An occasional permit shall not be issued in respect of a social occasion to be held

(a) on Good Friday; or

(b) except as provided in subsection (18), in premises situated in a municipality that is under local option.

Storage facilities required.

41(17)

An occasional permit shall not be issued in respect of a social occasion to be held in premises in which, in the opinion of the commission, there is not a place

(a) that can be used for the safekeeping and storage of liquor purchased under the permit and not consumed at the social occasion; and

(b) that is approved by the commission as suitable and adequate for the purpose.

Municipality under local option.

41(18)

If the council of a municipality that is under local option has, by resolution, approved the issue of occasional permits in respect of social occasions held within the municipality, as long as the resolution remains unrescinded the commission may issue occasional permits in respect of social occasions to be held in premises situated in the municipality.

RESTRICTIONS ON ISSUE OF PERMITS

Prohibition.

42(1)

The commission shall not issue a permit

(a) to a person under the age of 18 years;

(b) to a person who already holds a permit, unless the permit issued is of a different class from that held by the person;

(c) to a person disqualified under this Act from being issued a permit, until the disqualification ceases;

(d) to a person whose permit has been cancelled, until after the expiration of one year at least from the date of the cancellation.

Who not to apply for permit.

42(2)

No person shall knowingly make application to the commission for a permit which he is disqualified from having or which the commission is prohibited from issuing to him.

Issued to applicant only.

43(1)

Every permit shall be issued in the name of the applicant therefor; and no permit is transferable, nor shall the holder of a permit allow any other person to use it.

Identity of permittee.

43(2)

A permit shall not be delivered to the applicant until he has, in the presence of a member of, or some person duly authorized by, the commission, or in the presence of the official to whom the application is made, written his signature thereon in the manner prescribed by the regulations for the purpose of his future identification as the holder thereof, and the signature has been attested by a member of the commission, or the official authorized to issue the permit.

Permit to corporation.

44

A special permit shall not be issued to a corporation until it has supplied the commission with the name of its officer or agent who is to be in charge of the premises in which the liquor purchased under the permit is to be used.

Place for delivery.

45(1)

Every permit shall show thereon the premises of the permittee; and that is the place at which the liquor purchased thereunder may be lawfully delivered, had, and kept.

All permits limited.

45(2)

Except as herein otherwise provided, or as authorized by the commission, every permit shall be held to be a permit only to the person therein named as permittee for having, keeping, and consumption or use, of liquor purchased by the person under the permit in the premises, therein mentioned, and remains valid only as long as the person continues to occupy the premises and is not disqualified from holding a permit under this Act.

Use of cancelled permit.

46(1)

Subject to subsection (2), where a special permit is produced at a liquor store by a person who is not qualified under this Act to hold the special permit or produce it at a liquor store, or where a special permit that is suspended or cancelled, or a special permit, a duplicate of which has been issued, is produced at a liquor store, the official of the commission to whom it is produced shall retain the special permit in his custody and shall forthwith notify the commission of the fact of its retention.

Holder of lost permit

46(2)

The proper holder of a lost subsisting special permit that may be improperly produced as aforesaid may, upon satisfactory proof to the commission that he was not privy to the improper use, obtain a return of the special permit.

Offence.

46(3)

A person other than a person to whom subsection (2) refers, who produces a special permit in the circumstances mentioned in subsection (1) is guilty of an offence.

PURCHASE OF LIQUOR ON PERMITS

Quantities of liquor to be sold.

47

Subject to this Act and the regulations, the commission may sell to any person purchasing liquor,

(a) otherwise than under a special permit or occasional permit, during each day, week, month, or other period fixed by the commission, such quantities of various kinds of liquor as may be fixed in the regulations; and

(b) under a special permit, alcohol or liquor for mechanical or scientific or manufacturing (including dispensing or pharmaceutical) purposes, liquor for a banquet and for any special purpose, the kind and quantity set forth in the permit.

Sales of liquor.

48

Subject to this Act, the commission may sell liquor to any person who is not the holder of a permit and who may lawfully purchase liquor.

Ordinary purchases.

49(1)

Subject to subsection (5), and except as provided herein and in the regulations, no liquor sold at a liquor store shall be delivered until

(a) if required by the commission, the purchaser has given a written order in a form prescribed by the commission;

(b) the purchaser has paid for the liquor in cash or by a form of cheque or money order that the commission has approved by regulations; and

(c) in the case of a special permit

(i) the purchaser has produced or, in the case of a mail order, sent his permit for inspection and endorsement,

(ii) a member or an official of the commission has endorsed or caused to be endorsed, on the permit the kind and quantity of liquor sold and the date of the sale, and

(iii) a record has been made by the commission showing the date of the sale, the name and address of the purchaser, and the kind and quantity of liquor sold.

Identification.

49(2)

A person who purchases beer upon a special permit must satisfy the official of the commission selling the beer that he is the person named as permittee in the permit or named in the prescription.

Proof of identity.

49(3)

Any member, official, or employee of the commission may require a person applying to purchase liquor to produce to the member, official, or employee evidence sufficient to satisfy him that the applicant is the person named in the written order for the liquor.

Proof of age.

49(4)

Where a member, official, or employee of the commission is in doubt whether a person applying to purchase liquor is of the full age of 18 years, and until such evidence is produced, the applicant shall not be permitted to purchase any liquor from the commission.

Orders by mail.

49(5)

The commission may make regulations altering or modifying the requirements of this section in the case of an order for liquor placed by mail, telephone, or other indirect means.

Method of delivery.

50(1)

Delivery of liquor purchased from the commission may be effected

(a) by the purchaser carrying it away with him; or

(b) by the commission delivering it to a place designated by the purchaser; or

(c) by the commission delivering it to a common carrier consigned to the purchaser or some other person named by him at an address within the province; or

(d) by the commission mailing it to the purchaser or some other person named by him at an address within the province; or

(e) by the commission authorizing the manufacturer or supplier thereof to deliver it to the purchaser or some other person named by him at a place designated by him.

Effect of delivery to carrier.

50(2)

Delivery of liquor by the commission to a common carrier or by mailing in the post office shall pass the property in the liquor to the consignee.

Uniform prices.

51(1)

The price of each particular variety of liquor shall be the same at all liquor stores and premises of liquor vendors appointed under section 17.

Delivery charges.

51(2)

Any freight, express or postage charges or other charges, for the delivery of liquor to the purchaser shall be paid in accordance with the regulations.

Regulations.

51(3)

Subject to the approval of the Lieutenant Governor in Council, the commission may make regulations respecting the payment of freight, express or postage charges, or other charges, for the delivery of liquor to the purchaser.

Conveyance of liquor.

52(1)

Nothing in section 112 prevents common carriers from carrying or conveying liquor from a place outside of the province to a place where it may be lawfully received and lawfully kept within the province, or from a place where the liquor is lawfully kept and lawfully delivered within the province to a place outside of the province, or from a place where liquor may be lawfully purchased within the province to another place within the province where it may be lawfully kept and to which it may be lawfully delivered, or through the province from a place outside of it to a place outside of it.

Opening liquor in transit forbidden.

52(2)

No person, during the time any liquor is being carried or conveyed as mentioned in subsection (1) or otherwise conveyed, shall open or break or allow to be opened or broken any package or vessel containing the liquor, or drink or use or allow to be drunk or used any liquor therefrom.

Sales in sealed bottles.

53(1)

All liquor sold by the commission or by the holder of a retail licence shall be contained in bottles, vessels, or other containers and, if so required in the regulations, the bottles, vessels, or other containers shall be enclosed in cartons or other packages, which bottles, vessels, containers, cartons, or other packages shall be closed, fastened, or sealed, as prescribed in the regulations; and any bottle, vessel, container, carton, or package, that is not so closed, fastened, or sealed shall, in any prosecution for infraction of a provision of this Act, be deemed, prima facie, to have been opened since it was purchased from the commission or from the holder of a beer vendor's licence or a brewer's retail licence, as the case may be.

Where package to be opened.

53(2)

Subject as herein otherwise specifically provided, no such vessel shall be kept or opened elsewhere than in the residence of a person who may lawfully purchase and consume liquor under this Act, or in the premises designated in the purchaser's permit as the place where the package may lawfully be delivered.

Seal on beer bottles.

53(3)

Beer shall be deemed to be sealed as required by subsection (1) if the bottle in which it is contained is crowned or capped with a crown on which is stamped or printed either the name of the manufacturer or brewer of the beer or a trade mark, trade name, or other distinguishing mark, design, or colour, by which the product manufactured is known or recognized.

DAYS LIQUOR STORES CLOSED

Prohibition.

54

No sale or delivery of liquor shall be made on or from the premises of any liquor store, nor shall any store be kept open for the sale of liquor,

(a) on a Sunday or holiday; or

(b) during such other periods, and on such other days, as the commission may direct.

Sale only at times not forbidden.

55

No sale or delivery of liquor shall be made on or from the premises of a liquor store except on the days on which the sale or delivery is not forbidden by section 54 and then only within such hours as are fixed by the Commission.

USE OF LIQUOR PURCHASED

Place of consumption.

56(1)

Subject as herein expressly otherwise provided liquor legally purchased by any person shall be had, kept, given, or consumed, only

(a) in the residence of a person who may, lawfully purchase and consume liquor; or

(b) in the case of liquor purchased on a permit, in the place shown in the permit as the place to which the liquor may be lawfully delivered or where it may be kept and used or consumed; or

(c) in a private, enclosed area of premises used for the purpose of conducting a business or an institutional activity and being other than premises that are licensed or any part of which is licensed under subsection 60(1), and in that area shall be given to and consumed by only the persons so using the premises and their guests.

Gifts of liquor.

56(2)

Subject to section 111, a person may make a gift to another person of liquor up to such an amount, and subject to such conditions, as shall be specified by the commission in the regulations if

(a) the donor is in lawful possession of the liquor; and

(b) the donee is a person who may, under this Act, lawfully purchase and consume liquor.

Homemade wine and beer.

57

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.

Importation of liquor.

58

Any person may have, keep, and consume, as provided herein, liquor that he has, on any one occasion, brought or caused to be brought into the province from a place outside the province and

(a) that is of a kind, and up to a quantity, that he is permitted under any Act of the Parliament of Canada, to import into Canada without payment of duty or tax thereon; or

(b) that he has legally purchased or acquired in any part of Canada other than Manitoba; or

(c) that is of a kind and quantity that is permitted under any Act of the Parliament of Canada to be imported into Canada in excess of the quantity permitted to be imported free of duty and tax if the duty, tax and provincial fees as prescribed by the commission have been paid in respect thereof.

Records of sales in stores.

59(1)

The commission shall keep or cause to be kept with respect to the sale and disposal of any liquor made by it, such records and accounts as may be prescribed by the Lieutenant Governor in Council.

Record of purchases.

59(2)

Every person, except those persons designated in clause 39(2)(d), who purchases any liquor from the commission under the authority of a licence or special permit shall keep, or cause to be kept, such records as the commission prescribes, in such form, and containing such information, as the commission may require.

Monthly report to commission.

59(3)

Every such purchaser shall, if so required by the commission, not later than 12:00 o'clock noon on the fourth day of each calendar month in each year, or at such times as may be prescribed by the commission, send to the commission a copy of the record mentioned in subsection (2) for the last preceding calendar month, accompanied by his certificate certifying that no other purchases, sales, or disposals were made during the month save those mentioned in the copy of the record sent to the commission.

Penalty.

59(4)

The violation of any provision of this Act or of the regulations under which records are required to be made or kept, or returns or reports are required to be made to the commission, is an offence.

PART III

THE SALE OF LIQUOR

Classes of licences.

60(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.

60(2)

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

Qualification of licensees.

61

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.

Named person and premises.

62

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.

63(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.

63(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.

63(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.

63(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.

64(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.

64(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 (l)(b), (c) or (d), the commission may hold a hearing in accordance with section 25 and may cancel the licence.

Objections to grant.

64(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.

64(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.

Licences in unorganized territory.

64(5)

A licence of any of the classes mentioned in clauses 60(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 premises.

Re-hearing by commission.

65(1)

Any person who is refused a licence under section 64 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.

65(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.

65(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.

65(4)

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

Decision of court.

65(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.

66

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.

67(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.

67(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.

67(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.

68(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.

68(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.

69(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.

69(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.

70

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.

71(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.

71(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.

71(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.

71(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.

71(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.

71(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.

71(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.

71(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.

71(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.

71(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.

72(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.

72(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.

72(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.

72(4)

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

Extended hours.

72(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.

72(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.

72(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.

72(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.

72(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.

73(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.

73(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

73(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.

73(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.

74(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.

74(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.

74(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.

74(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.

75(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.

75(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.

75(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.

76(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.

76(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.

76(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.

76(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.

76(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.

76(6)

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

Special authorization.

76(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.

76(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.

76(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.

76(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.

76(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.

76(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.

77(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.

77(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.

77(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.

77(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.

77(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.

78(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.

78(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.

78(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.

79

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.

80

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.

Beer vendor and brewer's retail.

81(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.

Wine retail.

81(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.

Sacramental wine.

81(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.

81(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.

82(1)

No liquor may be consumed on licensed retail premises.

Delivery.

82(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.

83

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 81(1), (2) or (3).

Hours.

84(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.

84(2)

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

MANUFACTURER'S LICENCE

Requirements.

85(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.

85(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.

86

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.

87

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

Record.

88

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.

89

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.

90(1)

A manufacturer licensed under clause 85(l)(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.

90(2)

The prohibitions in subsection (1) apply to the directors, officers and employees of a manufacturer licensed under clause 85(l)(a).

GENERAL PROVISIONS

No minor employed.

91

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.

92

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.

93(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.

93(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.

94

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 93.

Destruction of liquor.

95

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.

96(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.

96(2)

The licensee may refuse to admit to the licensed premises a person to whom clause (l)(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.

96(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.

97

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.

98(1)

Except as otherwise authorized by the commission, no person holding a licence issued under clauses 60(l)(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.

Other liquor still on table.

98(2)

No person holding a licence issued under clauses 60(l)(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.

30 minutes extra allowed.

99(1)

Every person who is in any premises licensed under clause 60(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.

99(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.

100

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.

101

Liquor, other than liquor sold by the bottle, purchased in premises licensed under clauses 60(l)(a) to (i) shall be consumed in the licensed premises in which it was purchased.

Evidence.

102

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.

103

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

Seating capacity.

104(1)

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

Licensee to respect maximum capacity.

104(2)

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

Order forbidding sale.

105

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.

106

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.

107

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.

108

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.

109

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.

110

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

PART IV

PROHIBITIONS AND PENALTIES

Unlawful sale.

111(1)

Except as authorized by this Act, no person shall, within the Province of Manitoba, by himself, his clerk, servant, or agent, expose or keep for sale, or directly or indirectly or upon any pretence, or upon any device, sell or offer to sell, liquor.

Gifts of liquor prohibited.

111(2)

Subject to subsection (3), no distiller, brewer, or wine manufacturer, and no officer, employee, or agent of any distiller, brewer, or wine manufacturer, shall make, or offer to make, a gift of liquor to any person.

Exception.

111(3)

Subject to the regulations, subsection (2) does not prevent

(a) a brewer from giving beer to his employees or to casual visitors to his brewery if the beer is consumed by the recipient on the brewery premises; or

(b) a distiller from giving spirits to his employees or casual visitors to his distillery if the spirits are consumed by the recipient on the distillery premises; or

(c) a wine manufacturer from giving wine to his employees or to casual visitors to his winery if the wine is consumed by the recipient on the winery premises.

Gifts to licensees prohibited.

111(4)

No distiller, brewer, or wine manufacturer and no officer, employee, or agent of any distiller, brewer, or winery licensee shall make, or offer to make, a gift of any kind to any person who is a liquor vendor or is the licensee named in a licence issued under subsection 60(1), or is an employee of such a licensee.

Acceptance of gifts by licensees prohibited.

111(5)

No person who is a liquor vendor or is the licensee named in a licence issued under subsection 60(1), or is an employee of such a licensee shall accept, or ask for, a gift of any kind from a distiller, brewer, or wine manufacturer, or from an officer, employee, or agent of a distiller, brewer, or wine manufacturer.

Promotional purposes.

111(6)

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 or products of the distiller, brewer or wine manufacturer, with the prior approval of the commission and subject to such terms and conditions as the commission may prescribe, from

(a) displaying liquor; or

(b) providing complimentary servings of liquor, by the glass or bottle, for taste sampling, to invited guests or other persons authorized to be present;

at a function undertaken, organized and operated for that purpose or for another purpose that the commission deems related thereto.

Complimentary sample.

111(7)

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.

Unlawful possession.

112

Except as authorized by this Act, no person within the province, by himself, his clerk, servant, or agent, shall

(a) have or keep or give liquor purchased from the commission, beer vendor, liquor vendor or retail licensee, or lawfully brought into the province as provided in section 58, in a place other than in a place where the having, keeping or giving of the liquor is authorized under subsection 56(1), or in a vehicle, in the manner authorized by section 117; or

(b) have or keep liquor not purchased from the commission, beer vendor, liquor vendor or retail licensee, or lawfully brought into the province as provided in section 58.

Non-potable intoxicating substance.

113

No person shall

(a) sell as, or for consumption or use as, a beverage or offer for sale as, or for consumption or use as, a beverage;

(b) keep or have in his possession for consumption or use as a beverage;

(c) give to any person for consumption or use as a beverage;

(d) purchase for consumption or use as a beverage; or

(e) consume or use as a beverage;

any liquid or other substance designated by the commission as a non-potable intoxicating substance.

Unlawful sales.

114

No person acting as an official or servant of, or in any capacity for, the commission, and no person authorized by this Act to sell liquor, shall sell liquor in any other place or at any other time, or in any other quantities, or otherwise than as authorized by this Act.

Unlawful sale for purposes of resale.

115(1)

No person shall, by himself or his partner, servant, clerk, agent, or otherwise, sell or deliver liquor of any kind to any person not entitled to sell liquor and who sells the liquor and who buys for the purpose of reselling.

Unlawful transportation for resale.

115(2)

No person shall take or carry, or employ or suffer any other person to take or carry, any liquor out of any premises where the liquor is lawfully kept for sale for the purpose of being sold in the province by any person not authorized by this Act to sell such liquor.

Unlawful transportation.

115(3)

Except as otherwise authorized by this Act, no person shall by himself, his clerk, employee, servant, or agent, send or cause to be sent, or bring or carry, or cause to be brought or carried, any package or vessel containing liquor from any person or place in Manitoba to

(a) any person who may not lawfully purchase and consume liquor; or

(b) any place where the liquor may not lawfully be kept.

Carriage between lawful places.

116(1)

Nothing in this Act prohibits a person from carrying on his person liquor that he has purchased from the commission from a place where he may lawfully have and keep that liquor to any other place where he may lawfully have and keep that liquor; if

(a) the bottle, vessel, or package, containing the liquor has not been opened since it was purchased from the commission;

(b) in the case of beer, the bottles or other receptacles in which it is contained are enclosed in a carton or container

(i) that is closed, fastened, or sealed, in the manner prescribed in the regulations; and

(ii) that has not been opened since it was purchased from the commission, or from the holder of a beer vendor's licence or a brewer's retail licence.

Carriage of liquor.

116(2)

A person who has lawfully purchased liquor under this Act shall, within such period as is reasonably necessary for the purpose and no longer, carry it to a place where it may be lawfully had, kept, and consumed.

Carriage of liquor on train.

116(3)

A person who is in lawful possession of liquor may transport or carry it in a train, bus, or aircraft if it is enclosed in, and remains in, his personal baggage.

Liquor in motor vehicles.

117(1)

Subject to subsections (2) and (3), a person who is in lawful possession of liquor may transport or carry it in a vehicle

(a) if the bottle, vessel, or package containing the liquor has not been opened since it was purchased from the commission, or lawfully brought into the province as provided in section 58; or

(b) where the bottle, vessel, or package containing the liquor has been opened since it was purchased from the commission, or lawfully brought into the province as provided in section 58, if it is

(i) in the trunk or space designed for the carriage of baggage and parcels; or

(ii) in some other receptacle on the exterior of the vehicle;

and is not, in any case, in that part of the interior, tonneau, or cab of the vehicle intended for the accommodation of the driver and other persons being carried thereon.

Bar in motor vehicles.

117(2)

Beer shall not be carried in that part of the interior, tonneau, or cab, of a motor vehicle intended for the accommodation of the driver and other persons being carried thereon, unless the bottles or other receptacles in which it is contained are enclosed in a carton or container

(a) that is closed, fastened, or sealed, in the manner prescribed in the regulations; and

(b) that has not been opened since it was purchased from the commission, or from the holder of a beer vendor's licence or a brewer's retail licence, or was lawfully brought into the province as provided in section 58.

Liquor in taxicabs.

117(3)

No person shall transport, carry, or have liquor in a motor vehicle had, kept, used, intended for use, or operated for the transportation of persons for compensation unless the liquor is lawfully in his possession and he is a bona fide passenger in the motor vehicle, and the liquor is being transported or carried in compliance with subsections (1) and (2).

Station wagon.

117(4)

Notwithstanding subsection (1) or (2), a person who is in lawful possession of liquor may transport or carry it in a station wagon or in a "hatchback" type of vehicle where the bottle, vessel or package containing the liquor has been opened since it was purchased from the commission, or lawfully brought into the province as provided in section 58, if it is transported or carried at a place to the rear of the second seat of the vehicle whether or not that seat is in upright or folded position.

Motor homes.

117(5)

Notwithstanding subsection (1) or (2), a person who is in lawful possession of liquor may transport or carry it in a motor home where the bottle, vessel or package containing the liquor has been opened since it was purchased from the commission, or lawfully brought into the province as provided in section 58, if it is kept in a cabinet away from the driver's area during the time that the motor home is being driven or operated on a highway and not being used as a residence.

Unlawful consumption.

118(1)

Except as provided herein or in the regulations, no person shall consume, or permit the consumption of, liquor in or upon a distillery, brewery, liquor warehouse, beer depot, liquor store, pharmacy, or other place or premises where liquor is kept for sale, delivery or export, except in the case of liquor lawfully purchased for consumption in licensed premises wherein the consumption of liquor is lawful.

Unlawful purchase.

118(2)

No person shall purchase liquor from a person who is not authorized to sell the liquor.

Consumption on place of purchase.

118(3)

No person who purchases liquor shall drink liquor, or cause anyone to drink it or allow liquor to be drunk, upon the premises where it is purchased except in the case of liquor lawfully purchased for consumption in licensed premises wherein the consumption of liquor is lawful.

Consumption only after lawful purchase.

118(4)

No person shall use or consume liquor purchased from any person within the province, unless it is lawfully purchased and lawfully received from some person authorized to sell the liquor for consumption within the province.

Trade show in licensed area.

119

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.

Consumption in public place.

120(1)

No person shall consume liquor in a public place.

Consumption in lavatory.

120(2)

No person shall consume, and no licensee shall permit any person to consume, liquor in a privy, lavatory, or toilet.

Exception.

120(3)

Subsection (1) does not apply to the consumption of liquor lawfully purchased under a special permit or an occasional permit authorizing its use or consumption in a public place, or to the lawful consumption of liquor in licensed premises.

Conduct in licensed premises.

120(4)

Subject as otherwise provided herein no person shall

(a) dance in licensed premises other than a cabaret, military canteen, or club;

(b) play any game or sport, other than a game or sport authorized by the commission, or game of chance in licensed premises other than a military canteen or club;

(c) be disorderly in licensed premises.

Eviction of disorderly persons.

120(5)

Where a licensee of licensed premises, or the licensee's authorized employee, finds that a person in the premises is being disorderly within the meaning of subsection (4), and the licensee or authorized employee requests the person to leave the premises, the person shall forthwith leave and shall not on the same day re-enter the premises.

Consumption in motor homes.

120(6)

No person shall consume liquor in a motor home unless the motor home is

(a) actually occupied and being used as a residence;

(b) stationary; and

(c) not situated on a highway.

Unlawful sale to minors.

121(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.

121(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.

Drunkenness, assisting in causing.

122

No person shall

(a) permit drunkenness to take place in any house, building, or premises of which he is the owner, tenant, or occupant; or

(b) permit or suffer any person apparently under the influence of liquor to consume liquor in any house, building, or premises of which the first named person is owner, tenant, or occupant; or

(c) give, sell, or otherwise supply liquor to any person apparently under the influence of liquor.

Unlawful possession of liquor in hotels.

123(1)

No person shall have or keep liquor in a room in a hotel unless

(a) he is the resident owner, proprietor, manager, or operator thereof; or

(b) he is an employee resident and employed therein; or

(c) he is a bona fide guest in the hotel, duly registered in the office thereof as occupant of that room, and has baggage and personal effects belonging to him in the hotel; or

(d) he is a bona fide guest of any of the persons to whom clauses (a), (b), and (c) refer.

Exceptions.

123(2)

This section does not apply in the case of

(a) liquor lawfully kept by a licensee;

(b) liquor had or kept in a hotel under an occasional permit for consumption in the hotel at the social occasion for which the permit was issued.

Unlawful acts of employees.

124(1)

No member or employee of the commission shall be directly or indirectly interested or engaged in any other business or undertaking dealing in liquor, whether as owner, part owner, partner, member of syndicate, shareholder, agent, or employee, and whether for his own benefit or in a fiduciary capacity for some other person.

Taking bribes.

124(2)

No member or employee of the commission and no employee of the government shall solicit or receive, directly or indirectly, any commission, remuneration or gift whatsoever from any person or corporation having sold, selling, or offering for sale liquor to, or purchasing liquor from, the commission in pursuance of this Act.

Giving bribes.

124(3)

No person selling or offering for sale liquor to, or purchasing liquor from, the commission, shall, either directly or indirectly, offer to pay any commission, profit, or remuneration, or make any gift to any member or employee of the commission, or to any employee of the government, or to any one on behalf of the member or employee.

Canvassing and advertising.

125(1)

Except as required or permitted by this Act or by any other Act of the Legislature or by an Act of Parliament, or as permitted by the regulations, no person shall

(a) unless specifically authorized by the commission, canvass for, receive, take, or solicit, orders for the purchase or sale of liquor or act as agent or intermediary for the sale or purchase of liquor, or hold himself out as such an agent or intermediary; or

(b) exhibit, display, print, publish, or broadcast, or cause or permit to be exhibited, displayed, printed, published, or broadcasted an advertisement or notice about or concerning liquor or indicating persons or places from whom or where liquor may be obtained.

Exceptions.

125(2)

This section does not prohibit

(a) the commission from publishing or displaying notices concerning liquor; or

(b) the commission or licensee displaying containers of liquor in places where it may be lawfully sold or consumed; or

(c) a person from canvassing for, or receiving, taking or soliciting, orders from the commission for the purchase of liquor by the commission.

PENALTIES

Offences.

126

Every person who violates any provision of this Act or the regulations is guilty of an offence against this Act, whether otherwise so declared or not.

Major offences by persons.

127(1)

Every person, not being a corporation, who offends against any provision of subsection 111(1), clause 112(b) or clause 113(a), is guilty of an offence and is liable,

(a) in the case of a first offence, to a fine of not more than $2,000. or to imprisonment for a term of not more than six months or to both; and

(b) in the case of a second or subsequent offence, to imprisonment for a term of not less than three months or more than 18 months.

Major offences by corporations.

127(2)

Every corporation that offends against any provision of subsection 111(1), clause 112(b) or clause 113(a), is guilty of an offence and is liable,

(a) in the case of a first offence, to a fine of not more than $10,000.; and

(b) in the case of a second or subsequent offence, to a fine of not less than $5,000.

General offences by persons.

128(1)

Every person, not being a corporation, who offends against any provision of this Act other than a provision of subsection 111(1), clause 112(b) or clause 113(a) is guilty of an offence and is liable,

(a) in the case of a first offence, to a fine of not more than $1,000. or to imprisonment for a term of not more than three months or to both; and

(b) in the case of a second or subsequent offence, to a fine of not more than $2,000. or to imprisonment for a term of not more than six months or to both.

General offences by corporations.

128(2)

Every corporation that offends against any provision of this Act other than a provision of subsection 111(1), clause 112(b) or clause 113(a) is guilty of an offence and is liable,

(a) in the case of a first offence, to a fine of not more than $2,000.; and

(b) in the case of a second or subsequent offence, to a fine of not less than $1,000.

False statement.

129

No person,

(a) in making application for any licence or permit; or

(b) in any written order for the purchase of liquor signed by him; or

(c) in any return, report or certificate required under this Act or the regulations;

shall make an assertion with respect to a matter of fact, opinion, belief or knowledge, knowing that the assertion is false.

Offence by corporation.

130

Where an offence against this Act is committed by a corporation, the officer or agent of the corporation in charge, or apparently in charge, of the premises in which the offence is committed shall prima facie be presumed to be a party to the offence so committed, and is personally liable to the penalties prescribed for the offence as a principal offender; but nothing in this section relieves the corporation, or the person who actually committed the offence, from liability therefor; and in the case of any such offence, the corporation, the officer or agent and the person who actually committed the offence may all or each be found guilty of the offence.

Liability of occupant.

131

Upon proof that an offence against this Act has been committed by a person in the employ of the occupant of any house, shop, hotel, restaurant, room, or other premises in which the offence is committed, or by any person who is suffered by the occupant to be or remain in or upon the house, shop, hotel, restaurant, room, or premises, or to act in any way for the occupant, the occupant shall prima facie be presumed to be a party to the offence so committed, and on conviction is liable to the penalties prescribed for the offence as a principal offender, notwithstanding the fact that the offence was committed by a person who is not proved to have committed it under or by the direction of the occupant; but nothing in this section relieves the person actually committing the offence from liability therefor; and in the case of any such offence, the occupant and the person who actually committed the offence may be both or each found guilty of the offence.

Liability of licensee or permittee.

132

Upon proof that an offence against this Act has been committed by a person in the employ of a licensee or permittee, the licensee or permittee shall prima facie be presumed to be a party to the offence so committed, and on summary conviction is liable to the penalties prescribed for the offence as a principal offender; but nothing in this section relieves the person actually committing the offence from liability therefor, and both the person committing the offence and the licensee or permittee may each or both be found guilty of the offence.

PART V

EVIDENCE

Proof by analysis.

133(1)

In a prosecution or proceeding under this Act, the certificate of analysis furnished by an analyst is admissible in evidence as prima facie proof of the facts stated therein and of the authority of the person giving or issuing the certificate without further proof of his appointment or signature.

Inference as conclusive evidence.

133(2)

Where a constable or inspector seizes a container under circumstances that give rise to a reasonable inference that the contents of the container are liquor, then in the absence of evidence to the contrary the contents shall be conclusively deemed to be liquor.

Proof by certificate.

134(1)

In prosecutions or proceedings under this Act in which proof is required

(a) as to the issue, surrender, cancellation, or suspension of a permit or licence issued under this Act; or

(b) that any such permit or licence is or is not in force; or

(c) as to the person who is the permittee or licensee in any such permit or licence, or who is a brewer or distiller; or

(d) as to the delivery, serving, mailing, or giving, of any notice or document by the commission; or

(e) as to any resolution or minute in the books of, or any order, direction or permission by, the commission; or

(f) as to the kind, quantity, and price of any liquor sold by the commission on a permit or licence, or otherwise as provided in this Act;

a certificate signed by a member of the commission or an officer or employee of the commission authorized by the commission for the purpose, certifying thereto is prima facie proof of the facts stated in the certificate and of the authority of the chairman or member of the commission or the Chief Inspector without any proof of his appointment or signature.

Same names.

134(2)

The fact that the person charged in an information or complaint laid, made, given, or taken, under this Act has the same name as the person who is referred to as being the permittee or licensee in any certificate aforesaid certifying as to the person who is the permittee or licensee in any permit or licence is prima facie proof that the person so charged is the permittee or licensee, as the case may be.

Additional method of proof.

134(3)

The method of proof provided by this section is in addition to, and not in substitution for, any other method of proof of the matter referred to herein.

Certificate to be sent to commission.

135

The justice, on the conviction of any person for an offence against this Act, shall send forthwith to the Chief Inspector a certificate of the conviction; and if the person is a permittee, the commission, on being advised thereof by the Chief Inspector, shall thereupon suspend the permit of the person.

End of Part V

PART VI

ENFORCEMENT OF ACT

Responsibility for enforcing.

136(1)

The duty of seeing that this Act is complied with, and of enforcing it, and of prosecuting offences against it devolves upon all municipal constables, the Provincial Police, and the inspectors.

Provincial officials.

136(2)

Nothing herein releases the persons employed by the government under the minister or under the Attorney-General, the Provincial Police or the inspectors from any responsibility for seeing to the enforcement of this Act or prevents them or any of them from doing any act or taking any proceeding to the end that this Act may be enforced in any municipality.

Any person may make charge.

136(3)

Nothing herein prevents any person from laying an information or prosecuting in respect of any offence or supposed offence against this Act.

POWERS OF CONSTABLES AND INSPECTORS

Authority to enforce Act.

137

Every constable and every inspector may enforce any provision of this Act and every person who interferes or obstructs or attempts to interfere or obstruct a constable or inspector in the execution of his duties is guilty of an offence.

Entry for inspection.

138(1)

Any constable or inspector may, at any reasonable time, enter upon any premises in respect of which a licence or permit has been issued and there conduct an inspection to ensure that the provisions of this Act and the regulations and the terms and conditions of the licence or permit are being complied with.

Refusal to admit.

138(2)

Every person, being within or having charge of premises, who refuses or fails to admit a constable or inspector seeking entry to the premises for the purposes of conducting an inspection under subsection (1), or who obstructs or attempts to obstruct the entry of the constable or inspector to the premises or the inspection, is guilty of an offence under this Act.

Arrest without warrant.

139(1)

Any constable or inspector who finds any person committing, or who on reasonable and probable grounds believes that any person is committing, an offence against this Act may arrest the person without warrant.

Seizure of liquor unlawfully kept.

139(2)

Any constable or inspector acting in the course or scope of duty who finds liquor which the constable or inspector believes, on reasonable and probable grounds, is had or kept in violation of any provision of this Act, may seize the liquor and the packages in which the liquor is kept and bring them before a justice or report on it to a justice to be dealt with according to law.

Search warrant.

140

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) liquor is being, or has been, unlawfully had or kept, or had or kept for an unlawful purpose; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of liquor or other thing which affords evidence of a violation referred to in clause (a);

may at any time, and where necessary upon ex parte application, issue a warrant authorizing any person named therein, or any constable or inspector, to enter and search the building, receptacle, vehicle, or place for the book, record, document, liquor or thing and to seize and bring it before a justice to be dealt with according to law.

Seizure without warrant.

141

Where a constable or inspector believes, on reasonable and probable grounds, that

(a) liquor is being, or has been, unlawfully had or kept, or had or kept for an unlawful purpose; and

(b) there is to be found in any vehicle or other conveyance in the province a book, record, document, quantity of liquor or other thing which affords evidence of a violation referred to in clause (a);

and it is not practicable in the circumstances to obtain a warrant in accordance with section 167, the constable or inspector may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Incidental discovery.

142

Where a constable or inspector, in making or attempting to make any search and seizure authorized under section 140, finds

(a) any liquor which he or she believes, on reasonable and probable grounds, is unlawfully had or kept, or had or kept for an unlawful purpose; or

(b) any book, record, document or other thing which he or she believes, on reasonable and probable grounds, will afford evidence of a violation of this Act or the regulations;

the constable or inspector may seize the liquor and the packages in which it is kept, or the book, record, document or other thing, and bring it or them before a justice to be dealt with according to law.

Forfeiture upon conviction.

143(1)

Where any person is convicted for unlawfully keeping liquor for sale, or for unlawfully having or keeping liquor, or for unlawfully purchasing liquor, the judge or justice making the conviction may order, at the time of the conviction or subsequently, that any liquor which has been seized under this Act and the packages in which the liquor is kept, or any part thereof, be forfeited to Her Majesty in right of Manitoba.

Forfeiture of seized liquor.

143(2)

Where liquor has been seized under this Act and subsequently a person is charged with an offence under an Act of Parliament or under an Act of the Legislature, if the judge or justice before whom proceedings on the charges are brought is satisfied

(a) from evidence adduced in the matter; or

(b) where no evidence is adduced because the accused has entered a plea of guilty to the charge, from information submitted to the court; that the liquor was had and kept in a manner not authorized by this Act, the judge or justice may order, at the time of the proceedings on the charge or subsequently, that the liquor and the packages in which it is kept, or any part thereof, be forfeited to Her Majesty in right of Manitoba.

Inventory.

144

Where a constable or inspector seizes liquor under any Act of the Legislature, he shall immediately make an accurate inventory thereof and forward the inventory to the Chief Inspector.

Information re seized liquor.

145(1)

Where liquor has been seized under the authority conferred by this Act, any constable or inspector or the person seizing the liquor, shall forthwith give information under oath before a justice, who shall thereupon issue his summons directed to the shipper, consignee, or owner of the liquor, if known, calling on him to appear at a time and place named in the summons and show cause why the liquor should not be destroyed or otherwise dealt with as provided by this Act.

Return of summons.

145(2)

The summons shall be made returnable within 30 days after the service thereof.

Service of summons.

145(3)

It is sufficient service of the summons if it is delivered to the shipper, consignee or owner, or is left with some grown-up person at the express office, railway station or other place in which the liquor is found, or with the owner of the lands on which it is found.

Hearing as to ownership.

145(4)

At the time and place named in the summons any person who claims that the liquor is his property, and that it is not intended to be sold or kept for sale in violation of this Act, or was not unlawfully purchased, or was not unlawfully kept or had, or kept or had for an unlawful purpose, may appear to give evidence before the justice; and the justice shall receive the evidence and the evidence of the person who seized the liquor and such other evidence as may be adduced in the same manner as upon a complaint or information made under the Act.

When liquor may be confiscated.

145(5)

Where no person claims to be the owner of the liquor, or where the justice disallows the claim, and finds that it was intended that the liquor was to be sold or kept for sale in contravention of this Act, or was unlawfully purchased, or was unlawfully kept, or had, or kept or had for an unlawful purpose, the justice may order that the liquor and any vessels or packages containing it shall be forfeited to Her Majesty.

When liquor restored to owner.

145(6)

Where the justice finds that the claim of any person to be the owner of the liquor is established, and that it does not appear that it was intended to sell or keep the liquor for sale in contravention of this Act or that it was not unlawfully purchased, or was not unlawfully kept or had, or kept or had for an unlawful purpose, he shall dismiss the complaint and order that the liquor be restored to the owner.

Prima facie proof.

145(7)

Where it appears to the justice that the liquor or any part thereof was consigned to some person in a fictitious name, or was shipped as other goods, or was covered or concealed in such a manner as would probably render more difficult the discovery of the nature of the contents of the vessel, cask, or package in which it was contained, the fact so appearing is admissible in evidence as prima facie proof that the liquor was intended to be sold or kept for sale in contravention of this Act, or was unlawfully purchased, or was unlawfully kept or had, or kept or had for an unlawful purpose.

Where liquor may be forfeited.

146

Where in a prosecution under any Act of the Legislature it appears to the justice or court that liquor has been unlawfully had or kept or had or kept for an unlawful purpose, he or it may order the liquor forfeited to Her Majesty.

Disposal of forfeited liquor.

147

Where a justice makes an order for the forfeiture of liquor under any provision of this Act, or liquor is otherwise forfeited hereunder, or being seized is not claimed by any person within six months of the seizure, the liquor in question and the vessels, packages, or other receptacles in which the liquor is kept may be sold to the commission or destroyed or otherwise disposed of as the minister may direct; and the proceeds of any such sale shall be forthwith transmitted to the Minister of Finance to form part of the Consolidated Fund.

End of Part VI

PART VII

LOCAL OPTION

Definitions.

148

In this Part,

"election" means the taking of a vote on a by-law under this Part; ("élection")

"electors" means the persons who are entitled to vote at an election, except that all petitions under this Part shall be signed by persons whose names appear on the latest revised list of electors of the municipality and are resident therein; ("électeurs")

"licence prohibiting by-law" means a by-law to which subsection 151(4) refers; ("arrêté prohibant les licences de vente")

"local option by-law" means a by-law of a municipality forbidding the local sale of liquor in the municipality; ("arrêté d'option locale")

"local sale" means

(a) the sale of liquor in a municipality by liquor stores therein, operated on the cash and carry system, and by licensees holding licences of any one or more of the classes mentioned in subsection 60(1); and

(b) the establishment of places from which brewers may deliver beer. ("vente locale")

Where no petition required.

149

Notwithstanding any other provision of this Act, the council of a municipality may give first reading to any by-law of a kind mentioned in this Part and, subject to submitting the by-law to a vote, and to obtaining approval of the by-law by the required majority of the duly qualified electors of the municipality, may pass the by-law where no petition therefor has been filed as provided in this Part.

Municipality under local option.

150

A municipality is under local option when, on a vote taken in the municipality under this Part, a majority of the duly qualified electors voting vote against the local sale of liquor, and continues to be under local option until the by-law passed as a result of the vote is repealed as a result of a subsequent vote under this Part, or until, as a result of the vote under this Part, a by-law is passed approving the issue in the municipality of licences of any one or more of the classes mentioned in subsection 60(1).

Prohibitions.

151(1)

Subject as herein provided, in any municipality under local option

(a) subject to subsection (3), no liquor store shall be established, maintained, or operated, and any existing liquor store therein at the date of the coming into force of the by-law shall be forthwith discontinued;

(b) no licence of any of the kinds mentioned in subsection 60(1) shall be issued in respect of any premises therein, and any such licence in respect of premises in the municipality existing at the date of the coming into force of the by-law shall thereafter be void; and

(c) no place shall be fixed or approved as a place in or from which beer may be sold or delivered; and if any place remains so fixed or approved at the date of the coming into force of the by-law, the use thereof for those purposes shall forthwith be discontinued and any existing permission covering it, issued by the commission, granting permission to make delivery of beer therefrom shall forthwith be void.

Effect of licensed sale by-law.

151(2)

Where a municipality,

(a) immediately before the coming into force of this Act, by virtue of a by-law passed under the former Act was under local option within the meaning of that Act; or

(b) is under local option within the meaning of this Act;

and the council thereof passes a licensed sale bylaw after approval thereto is given by the electors as herein provided, the local option by-law under the former Act or under this Act continues to be valid and effective except in so far as it is inconsistent with the licensed sale by-law so passed, and except in so far as it is inconsistent with section 16.

Establishment of warehouses.

151(3)

In cities and towns liquor stores or warehouses for the distribution of liquor, otherwise than by the cash and carry system, may be established and continued.

By-law prohibiting.

151(4)

Subject as herein otherwise provided, the council of any municipality, on a petition therefor being filed with the clerk, as herein provided, may give first and second readings to a by-law prohibiting the issue of any class of licence in respect of premises in the municipality; and thereafter shall submit the by-law to a vote of the duly qualified electors of the municipality; and, subject to subsection (5), all the provisions of this Act applicable to a local option by-law and a by-law to repeal a local option by-law apply to a by-law to which this subsection applies and to any by-law to repeal such a by-law.

Effect of by-law prohibiting beer sales.

151(5)

Where a licence prohibiting by-law is passed, no licence of the class prohibited by the bylaw shall be issued in respect of any premises in the municipality until the by-law is repealed as herein provided, and any such licence existing at the date of the coming into force of the by-law shall thereafter be void.

Form of petition.

151(6)

A petition for a licence prohibiting bylaw may be in the form set out in subsection 153(1) in respect of a local option petition, with such modifications as the circumstances require, and substituting for the words "Local Sale of Liquor" appearing therein, the words "Issue of Licences".

By-laws respecting licences.

152(1)

Subject as herein otherwise provided, the commission may issue, in respect of premises in a municipality, a licence of any one or more of the classes mentioned in subsection 60(1) only if a bylaw approving the issue of that class or those classes of licences in respect of premises in a municipality is in force.

Effect of repeal.

152(2)

Where a by-law, or that part of a bylaw, approving the issue in a municipality of licences of any one or more of the classes mentioned in subsection (1) is repealed as a result of a subsequent vote under this Part, every licence of the class to which the repealing by-law refers, respecting premises in a municipality and existing at the date of the coming into force of the by-law, is thereafter void.

Limitation on certain licences.

152(3)

No beverage room licences shall be issued in respect of premises in a municipality unless approval has been given in the by-law to the issue therein of dining room licences; and no cocktail lounge licences shall be issued in respect of premises in a municipality unless approval has been given in the by-law to the issue therein of dining room licences.

By-laws in new municipalities.

152(4)

For the purposes of this Act, where a municipality is created from an area previously in unorganized territory, if, prior to the creation of the municipality, the Lieutenant Governor in Council approved the issue of a licence of any of the classes mentioned in subsection 60(1) in respect of premises in the area that was previously unorganized territory, the municipality shall be conclusively deemed to have passed a valid licensed sale by-law under this Part approving the issue of licences of the class of licence the issue of which was approved by the Lieutenant Governor in Council for premises in that area.

Administered municipality.

152(5)

Where the Lieutenant Governor in Council has approved the issue of a licence of any of the classes mentioned in subsection 60(1) in respect of premises in a municipality in respect of which an administrator has been appointed under The Municipal Act, the municipality shall, for the purposes of this Act, be conclusively deemed to have passed a valid by-law under this Part approving the issue of licences of the class of licence the issue of which was approved by the Lieutenant Governor in Council for premises in the municipality.

Vote in unincorp, village.

152(6)

Where the result of a vote on a liquor referendum held in a rural municipality shows that the vote

(a) in an unincorporated village; or

(b) in a municipal ward;

that is located within the rural municipality is contrary to the overall vote in the rural municipality, the council of the rural municipality, if it is satisfied that the unincorporated village or municipal ward because of its peculiar location or flow of traffic because of highways, is isolated or generally disconnected from the rest of the rural municipality, may, subject to the approval of the Lieutenant Governor in Council,

(c) if a by-law has been passed, pursuant to the vote held in the rural municipality amend the by-law to exempt that village or ward from the by-law; or

(d) pass a by-law approving or disapproving, as the case may be, the issue of licences as indicated by the vote of the resident electors of the village or ward.

PETITIONS

Form of petition.

153(1)

A petition either for the submission of a local option by-law or the repeal thereof, or for a licence prohibiting by-law or the repeal thereof, under this Part may be as in Form 1 of the Schedule to this Act, or to the like effect.

Effect of local option petition.

153(2)

A petition for a local option by-law shall be deemed to include a request for the enactment or repeal of all such by-laws as may be required to give effect to the petition and prohibit the local sale of liquor in the municipality.

Petition for liquor stores.

153(3)

Where a municipality

(a) immediately before the coming into force of this Act, by virtue of a by-law passed under the former Act was under local option within the meaning of that Act; or

(b) is under local option within the meaning of this Act;

a petition may also be filed with the clerk for the submission to the electors of a by-law authorizing the establishment in the municipality of liquor stores; and on the final passing of such a by-law the existing local option by-law shall be deemed to be repealed to the extent necessary to give effect to the by-law.

Combining of petitions.

153(4)

A petition for the submission of a bylaw approving the issue of licences of any one or more of the classes mentioned in subsection 60(1) may be combined with a petition for

(a) the repeal of a local option by-law; or

(b) the repeal of a licence prohibiting by-law; or

(c) the establishment of liquor stores;

or with a petition for any two or more of the things mentioned in clauses (a) to (c), so that only one petition is filed.

Form of petition.

153(5)

A petition

(a) for the submission under this Part of a bylaw approving the issue, in respect of premises in the municipality, of licences of any one or more of the classes mentioned in subsection 60(1); or

(b) for the submission under this Part of a bylaw repealing, in whole or in part, any by-law to which clause (a) applies;

may be as in Form 2 of the Schedule to this Act, or to the like effect.

Requirements for petitions.

153(6)

The petition may ask for the submission of a by-law approving the issue of licences of any one or more of the classes mentioned in subsection 60(1); but the petition shall not ask for the submission of a by-law approving the issue of beverage room licences unless

(a) it also asks that the by-law approve the issue of dining room licences; or

(b) the issue of dining room licences has been approved under a previous by-law that is still in force;

nor shall it ask for the submission of a by-law approving the issue of cocktail lounge licences unless

(c) it also asks that the by-law approve the issue of dining room licences; or

(d) the issue of dining room licences has been approved under a previous by-law that is still in force.

Affidavit verifying signatures.

153(7)

In every petition each sheet that contains signatures shall be verified at the foot thereof by affidavit as in Form 3 of the Schedule to this Act, or to the like effect.

Formalities re. signing petition.

153(8)

Any petition, either under subsection (1) or under subsection (5) or for a beer licence prohibiting by-law or for the repeal of a bylaw passed consequent upon such a petition; under this Part, that may be received by the clerk of the municipality, shall be signed by all the petitioners within the calendar year in which it is filed with the clerk; and no petition, or any portion thereof, when filed with the clerk as aforesaid shall be afterwards re-filed with the clerk; and no person shall sign his name more than once on any petition or petitions under this Part, filed or to be filed in any one year.

Sections.

153(9)

A petition may be presented or filed in sections.

Supply of petition forms.

153(10)

The forms of petition for which provision is made in this Act shall be printed and kept in stock by the commission and shall be supplied to applicants therefor on request.

Submission of by-laws.

153(11)

Where a petition is filed with the clerk of a municipality as provided in this section, the council of the municipality shall give first and second readings to a by-law to give effect to the petition; and thereafter it shall submit the by-law to a vote of the duly qualified electors of the municipality as herein provided.

Objections to petition.

154(1)

Upon receipt of a petition under this Part, the clerk shall post a notice of the receipt in a conspicuous place in his office and the council of the municipality shall accept the affidavits verifying the signatures on the petition as provided in section 153 as prima facie proof of the signatures and that the petitioners are duly qualified resident electors; but, if within one week after the filing of the petition, or such further time as the minister may allow, any resident elector of the municipality objects, in writing addressed to the clerk or to any member of the council, against the acceptance of the petition on the ground that it was not sufficiently signed, the clerk shall forthwith forward the petition, with a certified copy of the last revised list of electors, the objections and any other document or letter in the possession of the council relating to the petition or the sufficiency thereof, by registered mail, to the minister.

Duties of minister.

154(2)

The minister may receive further objections thereto and shall decide the question of the sufficiency in a summary manner upon such evidence as he chooses to receive; and he may find that the petition is sufficiently signed, if signed by not fewer than 20% of the resident electors of the municipality whose names are on the latest revised list of electors thereof, whether or not there are irregularities in respect of the signatures of others not comprising such 20%.

Effect of certificate.

154(3)

The finding of the minister on the question whether the petition has been sufficiently signed or not is final and without appeal of any kind, and shall forthwith be certified by him to the council of the municipality; and where the certificate is that the petition is sufficiently signed, or where the petition was accepted by the council without objection raised thereto, neither the petition nor any matter or thing therein or relating thereto nor the validity, in so far as it may relate to the petition, of a local option by-law submitted in consequence of the petition, shall be questioned by any person before the council of the municipality or before or by any judge or court.

Proceedings for submission.

155(1)

Notwithstanding anything to the contrary in the former Act, but subject to subsection (2), where the clerk of a municipality receives a petition from not fewer than 20% in number of the resident electors whose names appear on the latest revised list of electors of the municipality, asking the council of the municipality to submit to a vote of the electors any by-law for the submission of which provision is made in this Part, the council shall, subject to subsection (3), pass the first and second readings of the by-law and submit it to be voted on by the electors, as hereinafter provided, on the day fixed by law for the polling at the next ensuing municipal elections in the municipality.

Last day for filing petitions.

155(2)

A petition to which subsection (1) refers is invalid and ineffective for the purposes of this Part unless it is filed with the clerk not later than 90 clear days before the polling day to which reference is made in subsection (1).

Last day for first two readings.

155(3)

The council shall give first and second readings to the by-law as provided in subsection (1) at its first regular meeting after the petition is filed with the clerk, or at a special meeting which the head of council shall call for the purpose if necessary, but in any event not later than 60 clear days before the polling day to which reference is made in subsection (1).

Limitation on further submissions.

155(4)

Where a local option by-law, or beer licence prohibiting by-law, or a by-law to approve the establishment of liquor stores, or a by-law to repeal any such by-law, has been submitted to a vote of the electors of the municipality, no subsequent petition for the submission of any such by-law, or a by-law to repeal any such by-law, shall be received by the clerk at any time before the expiration of two years from the taking of the latest vote of the electors upon such a by-law, or upon the repeal of such a by-law, under this Part; and no such by-law shall be submitted to a vote of the electors of the municipality until the municipal elections held in the third or any later year after the taking of the latest vote on any such by-law.

Limitation on submission of by-laws.

155(5)

Where a licensed sale by-law to approve the issue of licences of any one or more of the classes mentioned in subsection 60(1) or a bylaw to repeal such a by-law, in whole or in part, has been submitted to the vote of the electors of the municipality, then no subsequent petition for the submission of a by-law to approve the issue of licences of any of the classes to which the first mentioned by-law related, or to repeal such a bylaw to an extent that is the same as that of the first mentioned repealing by-law, shall be received by the clerk at any time prior to the expiration of two years after the taking of the vote of the electors on the first mentioned by-law or first mentioned repealing by-law, as the case may be; and no such by-law shall be submitted to a vote of the electors of the municipality until the municipal elections held in the third or any later year after the taking of the latest vote on any such by-law.

Where no election in year.

155(6)

Where in any year there is no municipal election, other than a by-election, in a municipality, any by-law required under this Part to be submitted in that year to a vote of the electors of that municipality shall be submitted to the vote on the day on which a general municipal election for that municipality would be held in that year if a general municipal election for that municipality were necessary in that year, and any reference in this Part to the day fixed for the polling at a municipal election in the municipality shall, in so far as that year is concerned, be deemed to be a reference to the day on which a general municipal election for that municipality would be held in that year if a general municipal election for that municipality were necessary in that year.

Separate vote re. each class.

156(1)

When a licensed sale by-law is submitted to the electors, the ballot shall provide for a separate vote with respect to each different class of licence concerning the approval of which the petition asks that a vote be taken; but the ballot shall not provide

(a) for a vote with respect to the approval of the issue of beverage room licences unless

(i) it also provides for a vote with respect to the approval of the issue of dining room licences, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or

(b) for a vote with respect to the approval of the issue of cocktail lounge licences unless

(i) it also provides for the approval of the issue of dining room licences, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.

Limitation as to certain licences.

156(2)

The by-law shall not provide

(a) for approval of the issue of beverage room licences unless

(i) it also provides for the approval of the issue of dining room licences, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or

(b) for the approval of the issue of cocktail lounge licences unless

(i) it also provides for the approval of the issue of dining room licences, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.

Majority of electors.

157

Any by-law submitted under this Part requires the assent of a majority of the adults resident in the municipality, whose names appear on the latest revised list of electors of the municipality or who are entitled to vote as provided in section 158, who vote on the by-law; and the following proceedings shall be taken for ascertaining the assent.

Persons entitled to vote.

158

The Local Authorities Election Act applies with the necessary changes to all proceedings for the holding of a vote on the by-law under this Part except that clauses 5(1)(c) and (d) of that Act do not apply to the drawing of the list of electors entitled to vote on the by-law.

Publication of notice.

159(1)

The council shall, publish in a newspaper in the municipality, if one is published therein, and, if not, in a newspaper published in the province and circulated in the municipality, and in The Manitoba Gazette, a notice stating

(a) the object or purpose of the proposed by-law;

(b) that the proposed by-law has been submitted to the council and has received its first and second readings;

(c) that a vote on the proposed by-law for the electors entitled to vote will be taken on the day and at the hour and places fixed under this Part;

(d) that the proposed by-law, or a true copy thereof, can be seen on file until the day of taking the vote at the office of the clerk of the municipality; and

(e) that the further consideration of the proposed by-law after taking the vote is fixed for the time and place appointed therefor by the council, naming the time and place.

When published.

159(2)

The notice to which subsection (1) refers shall be signed by the clerk of the municipality and shall be published

(a) at least once within four weeks after the first and second readings of the proposed by-law; and

(b) at least once a week for three consecutive weeks before the vote is taken.

Form of ballot.

160(1)

Subject to subsection (2), the several forms of ballot that shall be used at the voting are set out in Form 4 of the Schedule to this Act; and the form to be used in the case of each kind of bylaw is as therein set out.

Combination of ballots.

160(2)

Where, pursuant to subsection 153(4), several of the kinds of petition authorized under this Part are combined in one petition, any two or more of the forms of ballots set out in Form 4 of the Schedule may be combined in one ballot.

Modification of ballot forms.

160(3)

In a ballot used in respect of a licensed sale by-law, the provision for a vote on the approval of the issue of licences of any one or more of the classes mentioned in subsection 60(1) may be omitted if the petition for submission of the by-law did not request a vote on licences of that class or those classes; but the ballot shall not provide

(a) for approval of beverage rooms unless

(i) it also provides for approval of licensed dining rooms, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or

(b) for approval of cocktail lounges unless

(i) it also provides for approval of licensed dining rooms, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.

Poster for information of voters.

160(4)

Where the ballot provides for a vote on

(a) the approval of licensed dining rooms and also of licensed beverage rooms; or

(b) the approval of licensed dining rooms and also of licensed cocktail lounges;

or for approval of all the licensed premises to which reference is made in clauses (a) and (b), unless the issue of dining room licences has been approved under a previous by-law that is still in force, the returning officer shall furnish to each deputy returning officer, and each deputy returning officer shall cause to be posted up conspicuously in each voting compartment in his polling subdivision, a poster which shall be in a form prescribed in the regulations and shall set out for the information of voters the fact

(c) that a vote for the approval of licensed beverage rooms is ineffective unless

(i) the issue of dining room licences is approved, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force; or

(d) that a vote for the approval of licensed cocktail lounges is ineffective unless

(i) the issue of dining room licences is approved, or

(ii) the issue of dining room licences has been approved under a previous by-law that is still in force.

PROCEDURE AFTER VOTE

Subsequent procedure on by-law.

161(1)

Where a by-law to which this Part applies is approved by the majority required of the duly qualified electors, it shall, at the next regular meeting of the council held later than three weeks thereafter, be read a third time and passed by the council of the municipality in which it was submitted; whereupon the clerk of the municipality shall forthwith forward to the commission a copy of the by-law, together with his certificate that it is a true copy, and showing the date on which it was finally passed.

Action on defeat of by-law.

161(2)

Where any such by-law is not approved by the electors, the clerk of the municipality shall, not less than 14 or more than 21 days after the day of polling, forward to the commission a copy of the by-law certified by him to be correct and a statement of the result of the voting thereon, certified by him in like manner.

Computation of time.

162

Where an election petition is presented against any such by-law, the by-law shall not be read a third time and passed by the council until after the petition has been disposed of; and the time which intervenes between the presenting of the petition and the final disposal thereof shall not be reckoned as part of the time within which the by-law has to receive its 3rd reading and be passed.

Proceedings for submission of repeal.

163(1)

Subject to subsection (2), where the clerk of a municipality that has passed a by-law under this Part, receives a petition from not fewer than 20% of the resident electors whose names appear on the latest revised list of electors of the municipality, asking the council of the municipality to submit to a vote of the electors

(a) a by-law to repeal the by-law passed under this Part in whole, or in part in respect of any one or more of the classes of licence the issue of which is approved thereby; or

(b) a beer licence prohibiting by-law; or

(c) both a by-law to which clause (a) refers and a by-law to which clause (b) refers;

the council of the municipality shall, subject to subsection (3), pass the first and second readings of such by-law and submit it to be voted on by the electors on the day fixed by law for the polling at the next ensuing municipal elections in the municipality.

Last day for filing petitions.

163(2)

A petition to which subsection (1) refers is invalid and ineffective for the purposes of this Part unless it is filed with the clerk not later than 90 clear days before the polling day to which reference is made in subsection (1).

Last day for first two readings.

163(3)

The council shall give first and second readings to the by-law as provided in subsection (1) at the first regular meeting after the petition is filed with the head of council or at a special meeting which the clerk shall call for the purpose if necessary, but in any event not later than 60 clear days before the polling day to which reference is made in subsection (1).

Limitation on petitions.

163(4)

Subject to subsection 184(5), no petition shall be received by the clerk at any time prior to the expiration of two years after the taking of any vote of the electors upon such a by-law, or upon a by-law to repeal such a by-law, pursuant to this Part.

Application of sections 155 and 161.

164

Sections 155 and 161 apply to the repealing by-law and to the voting thereon.

Penalty if clerk neglects duty.

165

If the clerk fails or neglects to place before the council a petition filed with him under this Part, he is guilty of an offence and is liable to a fine of not more than $100. and, in default of payment, to imprisonment for not more than three months.

By-law not invalid for irregularities.

166(1)

No by-laws to which this Part applies shall be declared invalid by reason of non-compliance with the provisions of this Part governing the case as to the taking of the poll or the counting of the votes, or by reason of any mistake in the use of the forms contained in this Part, or by reason of any irregularity, if it appears to the tribunal having cognizance of the question that the proceedings on the petition and the voting were conducted substantially in accordance with the requirements of this Part, and that the non-compliance, mistake or irregularity did not affect the result of the voting.

Injunction proceedings restricted.

166(2)

No injunction shall be granted by any court to restrain the submission or passing of a bylaw under this Part unless it appears to the court after hearing the parties that the ground upon which the injunction is sought would be sufficient for the quashing of the by-law upon a proceeding for that purpose after the passage thereof.

PART VIII

HOTELS

Certain hotels to be registered.

167

No person in the Province of Manitoba shall carry on the business of hotel keeping in, or operate as a hotel in the province, any premises in respect of which a licence of any of the kinds mentioned in subsection 60(1) has been issued unless he holds a valid certificate of registration in respect of the hotel under subsection 169(1) authorizing him to operate the premises as a hotel.

Application.

168(1)

Application for the authorization shall be made upon the form prescribed by the commission and shall set forth

(a) the full name of the applicant;

(b) the municipality or locality in which the premises are situated;

(c) the name, if any, of the hotel;

(d) whether the applicant applies as tenant or owner of the premises, and, if he applies as tenant, the name of the true owner, with details of the lease; and

(e) full particulars of the premises under the following heads: class of hotel building (brick, stone, frame, etc.), number of storeys, number of bedrooms for guests, number of other public rooms, accommodation for furnishing meals, system of heating the building, systems of fire escapes and fire alarms, and the location and class of lavatories and toilets for the use of guests and inmates.

Grant or refusal by commission.

168(2)

Every application shall be made to the commission and shall be granted or refused by it as it determines.

Certificate as registered hotel.

169(1)

Upon receipt of an application and the payment of the prescribed fees, a certificate of registration in the form set out in Form 5 of the Schedule to this Act, or to the like effect may be issued by the commission; and the certificate when duly issued, is authority for the person named therein to operate the premises named therein as a hotel, and they are thereupon, a registered hotel.

Certificate not transferable.

169(2)

No certificate issued under subsection (1) is transferable.

Expiry.

169(3)

Every certificate, unless cancelled as hereinafter provided, expires on March 31 following the issue thereof, but may be renewed as hereinafter provided.

Fees.

170(1)

Such fee as may be prescribed under the regulations is payable to the commission in respect of a certificate of registration of a hotel or renewal thereof.

Refunding registration fee.

170(2)

The commission, for any cause it deems proper, may refund the whole or any part of the registration fee.

Renewals.

171

Every annual application for the renewal of a certificate of registration or the renewal of a licence of any kind shall be filed with the commission before March 1 in each year and shall be dealt with in the same manner as a first application.

Privileges of registered hotel.

172

Every holder of a certificate of registration under this Part may, in his registered hotel, under such regulations as the commission makes and without any municipal or other licence,

(a) sell non-alcoholic drinks and beverages not subject to the preceding Parts of this Act, and also cigars, cigarettes, tobacco, candies, confectionery and magazines; and

(b) conduct an ice cream parlour or general restaurant or cafe and a pool room having therein not more than two pool tables.

No person to post false notices.

173

No person, not the holder of a certificate of registration under this Part, shall permit or cause to be displayed, in or on any building or in any manner connected therewith, any document or other paper purporting to be a licence under this Act or certificate of registration under this Part, or any sign intended to cause the public to believe that the building is a hotel, or that the owner or occupant thereof has been licensed or authorized to conduct it as a hotel.

Suspension and cancellation.

174

Every certificate of registration under this Part is subject to suspension and cancellation by the commission in like manner, and with the like effect, as are licences issued under this Act.

Powers of municipal councils.

175(1)

A municipal council, may

(a) hear complaints against a hotel; and

(b) make recommendation to the commission respecting the granting or renewing, or the undesirability of granting or renewing, as well as regards the suspension or cancellation or reinstatement, of any certificate of registration under this Part;

Hearing of complaints.

175(2)

When hearing a complaint as provided in clause (l)(a), the council shall permit the keeper of the hotel to be heard by it in relation to the complaint.

Inspection.

176

For the purpose of assisting hotel keepers in maintaining a proper standard of hotel accommodation to the public in Manitoba, the commission shall require its inspectors to visit regularly all registered hotels under this Part and report to the commission on such matters as sanitation, cuisine, tourist accommodation, hotel management and the like, pertaining to the hotels.

Fine.

177(1)

Any person who carries on the business of hotel keeping or operates a hotel of the kind set out in section 196, without a certificate of registration under this Part or who commits any offence against this Part is liable to a fine, for a first offence under this Part, of not more than $50., and, in case of a second or subsequent offence under this Part, to a fine of not less than $50. and not more than $100.

Imprisonment.

177(2)

In default of immediate payment of the fine imposed the person convicted may be imprisoned for a term not exceeding three months.

Dilapidated premises.

178(1)

Where, in the opinion of the commission, a building occupied by a licensed premises in the province, by reason of age, deterioration, dilapidation, or obsolescence, is no longer suitable to provide accommodation of an adequate standard for the public or, in the case of a club, for the members thereof and their guests, if, in the opinion of the commission, the premises cannot be satisfactorily rehabilitated by works of repair and restoration, the commission may order the owner of the premises to replace the existing building by a new building or by extensive reconstruction of the building of a kind, and to a standard, and in accordance with plans, approved by the commission.

Period for reconstruction.

178(2)

Where the commission makes an order under subsection (1), it shall, if the owner of the building so requests, authorize the work of construction or reconstruction to be completed in stages over a period of years, not less than three, the length of which shall be determined in each case by the commission.

Effect of failure to obey order.

178(3)

If the owner of the licensed premises fails to comply with the order to the satisfaction of the commission, the commission may cancel or suspend the registration of the licensed premises, if a hotel, and any one or more of the licences held by the operator thereof.

Hotel records.

179(1)

The commission may make regulations respecting the manner in which the holder of a certificate of registration under this Part shall operate his registered hotel, and prescribing the conditions with which he shall comply in the operation thereof; and, without restricting the generality of the foregoing, may make regulations as to the register of guests and other records that the holder of a certificate of registration shall keep with respect to his registered hotel.

Application of section 13.

179(2)

Section 13 applies to regulations made under this section.

PART IX

GENERAL PROVISIONS

General intent of Act.

180(1)

The purpose and intent of this Act are to prohibit transactions in liquor that take place wholly within the Province of Manitoba, except under control as specifically provided by this Act; and every section and provision of this Act shall be construed accordingly.

Means of control.

180(2)

The provisions of this Act dealing with the importation, sale, and disposition of liquor within the province through the instrumentality of a commission, and otherwise, provide the means by which such control shall be made effective; and nothing in this Act forbids, affects, or regulates any transaction that is not subject to the legislative authority of the Legislature.

Where one provision invalid.

181

If any provision of this Act is adjudged invalid, the judgment shall not be construed to invalidate other provisions of this Act.

Reservation of powers.

182

Nothing in this Act prevents

(a) the sale of liquor by any person to the commission;

(b) the purchase, importation, and sale of liquor by the commission for the purposes of and in accordance with this Act.

Liability for death.

183

Where any person drinks liquor to excess and, while in a state of intoxication from that drinking, comes to his death by suicide or drowning, or perishes from cold or other accident caused by that intoxication, the person who furnished or gave the liquor to the person when in a state of intoxication, or on whose premises it was obtained by the intoxicated person while intoxicated, is liable to an action for a wrongful act and as a personal wrong, and the action may be brought under The Fatal Accidents Act, and the amount that is recovered as damages shall not be less than $100. or more than $1,500.

SCHEDULE

FORM 1

(Subsection 155(1))

LOCAL OPTION PETITION

or

LICENCE PROHIBITION PETITION

To the council of The (Rural Municipality, City, Town, Village) of

We, the undersigned resident electors of the above named municipality, who with other petitioners in the same behalf comprise not fewer than 20% of the resident electors whose names appear on the latest revised voters' list thereof, respectfully request that a local option by-law (or a licence prohibiting by-law, as the case may be) be submitted to the vote of the electors of this municipality.

Date

(Date of first signature. All signatures must be offered within the calendar year in which the petition is to be submitted).

In Favour of Local Sale of Liquor

Petitioners or (or,)

Opposed to Prohibition of Licences

Number, if any, on

No. Name Residence Occupation voters' list

(Subsection 155(5))

PETITION FOR BY-LAW APPROVING ISSUE OF LICENCES FOR SALE OF LIQUOR, REPEAL OF LOCAL OPTION, REPEAL OF PROHIBITION OF LICENCES OR ESTABLISHMENT OF LIQUOR STORES

(or as the case may be, words inapplicable to be struck out)

To the council of The (Rural Municipality, City, Town, Village) of

We, the undersigned resident electors of the above named municipality, who with other petitioners in the same behalf comprise not fewer than 20% of the resident electors whose names appear on the latest revised voters' list thereof, respectfully request that a by-law be submitted to the vote of the electors of this municipality approving the issue in respect of premises therein of licences respecting the sale of liquor in (fill in the type of license) (or repeal of local option etc.)

Date

(Date of first signature. All signatures must be affixed within the calendar year in which the petition is to be submitted).

Petitioners In Favour of or Opposed to:

(l) Issue of Licences for sale of Liquor in (fill in the type of license)

(2) Repeal of Local Option

(3) Repeal of Prohibition of Licences

(4) Establishment of Liquor Stores

Number, if any, on No. Name Residence Occupation voters' list

(Subsection 155(7))

AFFIDAVIT

Province of Manitoba.

Rural Municipality,

City, Town, Village of

I,

(Name in full)

of in Manitoba,

(Address)

(Occupation)

make oath and say:

That the above signatures numbered 1 to on this sheet were signed in my presence, and I swear that each signer has signed his own name, his true place of residence and his true occupation, and I know that he is a resident elector of the above named municipality whose name appears on the last revised voters' list thereof.

Sworn this day of ,19, at in the Province of Manitoba, before me.

(Signature)

A Commissioner for Oaths, etc.

FORM 4

(Subsection 160(1))

FOR A LOCAL OPTION BY-LAW

Date

By-law submitted by The (Rural Municipality, City, Town, Village,) of to

FOR LOCAL SALE

AGAINST LOCAL SALE

FOR A LICENCE PROHIBITING BY-LAW

Date

By-law submitted by The (Rural Municipality, City, Town, Village,) of to

FOR ISSUE OF LICENCES (fill in type of license)

AGAINST ISSUE OF LICENCES

FORM 4 - continued

(Subsection 160(1))

FOR A LICENSED SALE BY-LAW

Date

By-law submitted by The (Rural Municipality, City, Town, Village,) of to

SALE OF LIQUOR IN DINING ROOMS

FOR

AGAINST

SALE OF LIQUOR LN COCKTAIL LOUNGES

FOR

AGAINST

SALE OF LIQUOR IN CABARETS

FOR

AGAINST

FOR A BY-LAW AUTHORIZING THE ESTABLISHMENT OF LIQUOR STORES

Date

By-law submitted by The (Rural Municipality, City, Town, Village,) of to

ESTABLISHMENT OF LIQUOR STORES

FOR

AGAINST

(Subsection 169(1))

CERTIFICATE OF REGISTRATION OF HOTEL

Whereas of the Hotel, in The City, Town, Village, Rural Municipality of has satisfied all the requirements of Part VIII of The Liquor Control Act, relating to the hotel;

This is to certify that the hotel is a registered hotel under that Act.

This certificate expires March 31, 19 .

Dated this day of ,19.

For Liquor Control Commission