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C.C.S.M. c. L160
The Liquor Control Act
| 1 | Definitions | |
| 1.1 | (1) | Definitions |
| (2) | Interpretation of "local retail beer vendor" | |
| 1.2 | Repealed | |
| PART I | ||
| THE COMMISSION | ||
| 2 | Commission continued | |
| 3 | (1) | Appointment of members |
| (2) | Duties of vice-chairperson | |
| (3) | Time required from members | |
| 4 | (1) | Vacancies |
| (2) | Acting commissioners | |
| (3) | Duties of chairperson | |
| 5 | Duration of office and salaries | |
| 6 | Quorum | |
| 7 | (1) | Appointment of president and c.e.o. |
| (2) | Duties of president and c.e.o. | |
| (3) | President and c.e.o. to appoint employees | |
| (4) | Powers of the president and c.e.o. | |
| 8 | (1) | Powers of commission |
| (2) | Part V of Evidence Act | |
| (3) | Repealed | |
| (4) | Agreements between the commission and Canada | |
| (5) | Deemed agreement | |
| 8.1 | Social responsibility initiatives and programs | |
| REGULATIONS | ||
| 9 | (1) | Power to make regulations |
| (2) | Regulations under Act | |
| 10 | (1) | Regulations with L.G. in C. approval |
| (2) | Application of regulations | |
| 10.1 | Regulations respecting importation | |
| 11 | (1) | Declaration of substance as liquor |
| (2) | Regulations as to sale or use | |
| (3) | Non-potable intoxicating substance | |
| (3.1) | Regulations re sale of non-potable intoxicating substances | |
| (4) | Description | |
| (5) | Determination of intention of maker | |
| 12 | Rules of conduct for licensees | |
| 13 | Regulations come into force on publication | |
| 14 | Purchase of land | |
| 15 | (1) | Repealed |
| (2) | Grants in lieu of taxes | |
| 16 | (1) | Establishment of liquor stores |
| (1.1) | Boutique liquor stores | |
| (2) | Repealed | |
| (3) | Limitation on establishment | |
| (4) | Sale of other items | |
| 17 | (1) | Designation of agent |
| (2) | Powers of liquor vendor | |
| (3) | Revocation of appointment | |
| (4) | Application of Act to agent | |
| (5) | Liquor to be carried away | |
| (6) | Duty free liquor store | |
| 17.1 | (1) | Establishment of specialty wine store |
| (2) | L.G. in C. to approve agreement | |
| (3) | Price | |
| (4) | Application of subsection 16(3) | |
| 18 | (1) | Control of sale |
| (2) | Duty of commission re import and supply | |
| LICENSING BOARD | ||
| 19 | (1) | Licensing Board |
| (2) | Chairperson of the board | |
| (3) | Quorum of Licensing Board | |
| (4) | Acting chairperson | |
| (5) | Sittings of Licensing Board | |
| (6) | Sittings to be public | |
| 20 | (1) | Board to determine applications for section 60 licence |
| (2) | Power of board | |
| (3) and (4) | Repealed | |
| 20.1 | (1) | Designation of panels |
| (2) | Presiding officer of panel | |
| (3) | Quorum of panel | |
| 21 | (1) | Appeal from decision of board |
| (2) | Repealed | |
| (3) | Public hearings | |
| 22 | (1) | |
| (2) | ||
| LICENCES AND PERMITS | ||
| 23 | (1) | Commission not compelled to issue |
| (2) | Oaths | |
| 24 | Licences and permits under Act | |
| 25 | (1) | Hearing by Licensing Board |
| (1.1) | Notice | |
| (1.2) | Procedure at hearing | |
| (1.3) | Public representation at hearing | |
| (1.4) | Disposition | |
| (2) | Period of suspension | |
| (2.1) | Suspension or cancellation for failure to pay penalty | |
| (3) | Notice | |
| (4) | Disposal of liquor in possession | |
| (5) | Effect of cancellation | |
| (6) | Right of appeal | |
| (7) | Public hearing | |
| (8) | Powers of commission on appeal | |
| PROPERTY, FINANCING, ACCOUNTING | ||
| 26 | (1) | All payments to commission |
| (2) | Monetary penalties paid into Consolidated Fund | |
| 27 | Property to belong to government | |
| 28 | (1) | Financing working capital |
| (2) | Issue of securities for moneys borrowed | |
| (3) | Repayment of loans made to commission | |
| 29 | (1) | Payments by commission |
| (2) | Certain charges against profits | |
| 30 | (1) | Accounts |
| (2) | How divided | |
| (3) | Audit | |
| (4) | Special audits | |
| 31 | (1) | Disposal of profits |
| (2) | Profits payable to Consolidated Fund | |
| (3) | When payable to Minister of Finance | |
| 32 | (1) | Reports of commission |
| (2) | To be laid before Legislature | |
| EXPIRY OF LICENCES AND PERMITS | ||
| 33 | Term of licences and permits | |
| ORDERS AND NOTICES | ||
| 34 | (1) | Signature |
| (2) | Notice of decision | |
| (3) | Periods of suspension | |
| (4) | Other notices and orders | |
| (5) | Record and proof of service | |
| MISCELLANEOUS | ||
| 35 | Finality of acts of commission | |
| 36 | (1) | Powers of commission supplemental |
| (2) | Powers of justice and commission | |
| 37 | (1) | Prohibited place |
| (2) | Delivery | |
| (3) | Licensed premises | |
| (4) | Order mandatory | |
| (5) | Recommendation of justice | |
| (5.1) | Court order re prohibited place | |
| (6) | Revocation of order | |
| PART II | ||
| PERMITS | ||
| 38 | Repealed | |
| 39 | (1) | Issue of special permits |
| (2) | Special purchase permits | |
| (2.1) | Charitable auction permit | |
| (2.2) | Estate sale permit | |
| (2.3) | Special purpose permit | |
| (3) | Permits to buy from distiller | |
| 40 | (1) | Fees for special permits |
| (2) | Place of purchase | |
| 41 | (1) | Issue of occasional permits |
| (2) | Liquor for social occasion | |
| (3) | Food at social occasion | |
| (4) | Number of occasional permits | |
| (5) | Application for occasional permit | |
| (6) | Repealed | |
| (7) | Delivery of application | |
| (8) | Variation in place or time | |
| (9) | Use of liquor | |
| (10) | No other meals in same room | |
| (11) | Sale of liquor to guests | |
| (12) | Minors at social occasion | |
| (12.1) | No consumption or possession by minors | |
| (12.2) | Duty of permit holder re minors | |
| (13) | Permits for conventions | |
| (14) | Community occasions | |
| (15) | Suitability of places | |
| (16) | Prohibited time | |
| (17) | Storage facilities required | |
| (18) | Municipality under local option | |
| RESTRICTIONS ON ISSUE OF PERMITS | ||
| 42 | (1) | Prohibition |
| (2) | Who not to apply for permit | |
| 43 | (1) | Issued to applicant only |
| (2) | Repealed | |
| 44 | Permit to corporation | |
| 45 | (1) | Place for delivery |
| (2) | Permits subject to terms and conditions | |
| 46 | Repealed | |
| PURCHASE OF LIQUOR | ||
| 47 | Quantities of liquor to be sold | |
| 48 | Sales of liquor | |
| 49 | (1) | Ordinary purchases |
| (2) | Identification | |
| (3) | Proof of identity | |
| (4) | Proof of age | |
| (5) | Orders by mail | |
| 50 | (1) | Method of delivery |
| (2) | Effect of delivery to carrier | |
| 51 | (1) | Uniform prices |
| (2) | Delivery charges | |
| (3) | Regulations | |
| 52 | (1) | Conveyance of liquor |
| (2) | Opening liquor in transit forbidden | |
| 53 | (1) | Sales in sealed bottles |
| (2) | Where package to be opened | |
| (3) | Seal on beer bottles | |
| DAYS LIQUOR STORES CLOSED | ||
| 54 | (1) | Hours of sale |
| (2) | Applications of subsection (1) | |
| 55 | Sale only at times not forbidden | |
| USE OF LIQUOR PURCHASED | ||
| 56 | (1) | Place of consumption |
| (2) | Gifts of liquor | |
| 57 | Homemade wine and beer | |
| 58 | Importation of liquor | |
| 59 | (1) | Records of sales in stores |
| (2) | Record of purchases | |
| (3) | Monthly report to commission | |
| (4) | Penalty | |
| PART III | ||
| THE SALE OF LIQUOR | ||
| 60 | (1) | Classes of licences |
| (2) | Interim licence | |
| 61 | Qualification of licensees | |
| 62 | Named person and premises | |
| 63 | (1) | Forfeiture of licence |
| (2) | Limited authority to successor | |
| (3) | Application by successor | |
| (4) | Extension of permission | |
| 64 | (1) | Procedure for new licence |
| (1.1) | Contents of notice | |
| (1.2) | Application of clause (1)(e) | |
| (2) | Hearing | |
| (3) | Objections to grant | |
| (4) | Licences in parks | |
| (5) | Licences in unorganized territory | |
| 65 | (1) | Re-hearing by commission |
| (1.1) | Re-hearing by commission after granting | |
| (2) | Appeal to Queen's Bench | |
| (3) | Documents | |
| (4) | Party | |
| (5) | Decision of court | |
| 66 | Renewal of licences | |
| SUNDAY OPENING | ||
| 66.1 | Definitions | |
| 66.2 | Sunday opening | |
| 66.3 | (1) | By-law re Sunday opening |
| (2) | Regulation re Sunday opening | |
| (3) | Wording of by-law or regulation re Sunday opening | |
| (4) | No other restriction in by-law or regulation | |
| 66.4 | By-law or regulation to be obeyed | |
| DINING ROOM LICENCE | ||
| 67 | (1) | Requirements |
| (2) | Authority | |
| (3) | Licences for certain institutions | |
| 67.1 | (1) | Licensee may allow patrons to bring own wine |
| (2) | Service requirements | |
| (3) | Application | |
| 68 | (1) | Hours of sale |
| (2) | Repealed | |
| 69 | (1) | Services in hotel |
| (2) | Self-serve unit | |
| 70 | Repealed | |
| COCKTAIL LOUNGE LICENCE | ||
| 71 | (1) | Requirements |
| (2) | Authority | |
| (3) | Taking liquor from dining room to lounge | |
| (4) | Hours of sale | |
| (5) | Open when food available | |
| (6) | Other hours may be authorized | |
| (7) | Repealed | |
| (8) | Vacating of premises | |
| (9) | Duty of licensee | |
| (10) | Other uses | |
| BEVERAGE ROOM LICENCE | ||
| 72 | (1) | Requirements respecting hotel |
| (2) | Authority | |
| (3) | Hours of sale | |
| (4) | Repealed | |
| (5) | Authorization to operate as dining room | |
| (6) | Minors forbidden in beverage room | |
| (6.1) | Obligation of licensee | |
| (7) | Vacating of premises | |
| (8) | Duty of licensee | |
| (9) | Other uses | |
| CABARET LICENCE | ||
| 73 | (1) | Requirements |
| (2) | Authority | |
| (3) | Entertainment | |
| (4) | Hours of sale | |
| (5) | Vacating cabaret | |
| (6) | Duty of licensee | |
| SPORTS FACILITY LICENCE | ||
| 74 | (1) | Requirements |
| (2) | Authority | |
| (3) | Hunting or fishing lodge | |
| (4) | Hours of sale | |
| SPECTATOR ACTIVITIES LICENCE | ||
| 75 | (1) | Requirements |
| (2) | Authorization | |
| (3) | Hours of sale | |
| PRIVATE CLUB LICENCE | ||
| 76 | (1) | Requirements |
| (2) | Authorization | |
| (3) | Membership dropping below 100 | |
| (3.1) | Reduced membership of veterans organization | |
| (4) | Auxiliary members | |
| (5) | Guests | |
| (6) | Spouses | |
| (7) | Special authorization | |
| (8) | Roster | |
| (9) | Prohibition | |
| (10) | Hours of sale | |
| (11) and (12) | Repealed | |
| TRANSPORTATION LICENCE | ||
| 77 | (1) | Requirements |
| (2) | Authorization | |
| (3) | Hours | |
| (4) | Purchases other than from commission or specialty wine store | |
| (5) | Agreements | |
| CANTEEN LICENCE | ||
| 78 | (1) | Requirements |
| (2) | Authorization | |
| (3) | Hours | |
| BREW PUB LICENCE | ||
| 78.1 | (1) | Definitions |
| (2) | Brew pub licence | |
| (3) | Requirements | |
| (4) | Authorization | |
| (5) | Location of equipment | |
| (6) | Hours of sale | |
| (7) | Effect on base licence | |
| (8) | Regulations | |
| RETAIL LICENCE | ||
| 79 | Requirements | |
| 80 | (1) | Beer vendor — building |
| (2) | Requirements for manufacturer's retail store | |
| 81 | (1) | Beer vendor and brewer's retail |
| (2) | Wine manufacturer's retail store | |
| (2.1) | Distiller's retail store | |
| (3) | Sacramental wine | |
| (4) | Records — sacramental wine | |
| (1) and (1.1) | Repealed | |
| (2) | Delivery | |
| 83 | Further authorization | |
| 84 | (1) | Hours of sale |
| (2) and (3) | Repealed | |
| MANUFACTURER'S LICENCE | ||
| 85 | (1) | Requirements |
| (2) | Authorization | |
| 86 | Brewer's association | |
| 87 | Warehouses | |
| 88 | Record | |
| 89 | Void licences | |
| 90 | (1) | Licensing of manufacturer to sell liquor |
| (1.1) | Prohibition respecting manufacturers | |
| (2) | Officers | |
| GENERAL PROVISIONS | ||
| 91 | (1) | No minor employed |
| (2) | Application of subsection 121(4) | |
| 92 | (1) | Employees to be informed |
| (2) | Training | |
| 93 | (1) | Minor in cocktail lounge or cabaret |
| (1.1) | Obligation of licensee | |
| (2) | Repealed | |
| (3) | Minors in licensed premises | |
| 94 | (1) | Consumption or possession by minors prohibited |
| (2) | Application of subsection 121(4) | |
| 95 | (1) | Destruction of liquor |
| (2) | Recorking wine served with meal | |
| 96 | (1) | Obligations of licensee |
| (2) | Request to leave | |
| (3) | Ejection | |
| (4) | Duty of licensee re sale and service | |
| 96.1 | (1) | Safety evaluation |
| (2) | Notice of required changes | |
| (2.1) | Privacy | |
| (3) | Licensee to make required changes | |
| 96.2 | (1) | Appeal |
| (2) | Appeal operates as a stay | |
| (3) | Licensing Board to hear appeal | |
| (4) | Powers on appeal | |
| 96.3 | Emergency closure order | |
| 97 | New Year's Eve | |
| 98 | (1) | Restriction on amount sold |
| (2) | Possession restrictions | |
| 99 | (1) | Sixty minutes extra allowed |
| (2) | Repealed | |
| 100 | Special events | |
| 101 | (1) | Consumption in licensed premises |
| (2) | No consumption in retail premises | |
| (3) | Exception | |
| 102 | Evidence | |
| 103 | Licence to be posted | |
| 104 | (1) | Seating capacity |
| (2) | Licensee to respect maximum capacity | |
| 105 | Order forbidding sale | |
| 106 | Licensee not required to open | |
| 107 | Storage of liquor by licensees | |
| 108 | Sale of lawful kinds | |
| 109 | Lawful hours | |
| 110 | Repealed | |
| PART IV | ||
| PROHIBITIONS AND PENALTIES | ||
| 111 | (1) | Unlawful sale |
| (2) | Gifts of liquor prohibited | |
| (3) | Exception | |
| (3.1) | Donations for charitable auctions permitted | |
| (4) | Certain gifts prohibited | |
| (5) | Acceptance of certain gifts prohibited | |
| (6) | Promotional purposes | |
| (7) | Complimentary sample | |
| (8) | Application | |
| 112 | Unlawful possession | |
| 112.1 | Exception for certain lawful possession | |
| 113 | No purchase or use of non-potable intoxicating substance as beverage | |
| 114 | Unlawful sales | |
| 115 | (1) | Unlawful sale for purposes of resale |
| (2) | Unlawful transportation for resale | |
| (3) | Unlawful transportation | |
| 116 | (1) | Carriage between lawful places |
| (2) | Carriage of liquor | |
| (3) | Carriage of liquor on train | |
| 117 | (1) | Liquor in motor vehicles |
| (2) | Beer in motor vehicles | |
| (3) | Liquor in taxicabs | |
| (4) | Station wagon | |
| (5) | Motor homes | |
| 118 | (1) | Unlawful consumption |
| (2) | Unlawful purchase | |
| (3) | Consumption on place of purchase | |
| (4) | Consumption only after lawful purchase | |
| 119 | Trade show in licensed area | |
| 120 | (1) | Consumption in public place |
| (2) | Drinks allowed in washroom | |
| (3) | Exception | |
| (4) | Disorderly conduct | |
| (5) | Eviction of disorderly persons | |
| (6) | Consumption in motor homes | |
| (6.1) | Consumption on boats | |
| (7) | Weapon forbidden | |
| (8) | "Weapon" defined | |
| (9) | Gang colours forbidden | |
| (10) | Definition of "gang colours" | |
| 121 | (1) | Unlawful sale to minors |
| (2) | Exception | |
| (3) and (3.1) | Repealed | |
| (4) | Acquittal in certain cases | |
| (4.1) | False identification | |
| (4.2) | Prohibition on providing identification | |
| (5) | Offence | |
| 122 | Drunkenness, assisting in causing | |
| 123 | (1) | Unlawful possession of liquor in hotels |
| (2) | Exceptions | |
| 124 | (1) | Unlawful acts of employees |
| (2) | Taking bribes | |
| (2.1) | When employment permitted | |
| (3) | Giving bribes | |
| 125 | (1) | Canvassing and advertising |
| (2) | Exceptions | |
| PENALTIES | ||
| 126 | Offences | |
| 127 | (1) | Major offences by persons |
| (2) | Major offences by corporations | |
| 128 | (1) | General offences by persons |
| (2) | General offences by corporations | |
| 129 | False statement | |
| 130 | Offence by corporation | |
| 131 | Liability of occupant | |
| 132 | Liability of licensee or permittee | |
| PART V | ||
| EVIDENCE | ||
| 133 | (1) | Proof by analysis |
| (2) | Inference as conclusive evidence | |
| 134 | (1) | Proof by certificate |
| (2) | Same names | |
| (3) | Additional method of proof | |
| 135 | Certificate to be sent to commission | |
| PART VI | ||
| ENFORCEMENT OF ACT | ||
| 136 | (1) | Responsibility for enforcing |
| (2) | Provincial officials | |
| (3) | Any person may make charge | |
| 136.1 | (1) | When fines paid to municipality |
| (2) | Where appeal made | |
| (3) | Division of fine | |
| POWERS OF CONSTABLES AND INSPECTORS | ||
| 137 | Authority to enforce Act | |
| 138 | (1) | Entry for inspection |
| (2) | Refusal to admit | |
| 139 | (1) | Arrest without warrant |
| (2) | Seizure of liquor unlawfully kept | |
| 140 | Search warrant | |
| 141 | Seizure without warrant | |
| 142 | Incidental discovery | |
| 143 | (1) | Forfeiture upon conviction |
| (2) | Forfeiture of seized liquor | |
| 144 | Inventory | |
| 145 | (1) | Information re seized liquor |
| (2) | Return of summons | |
| (3) | Service of summons | |
| (4) | Hearing as to ownership | |
| (5) | When liquor may be confiscated | |
| (6) | When liquor restored to owner | |
| (7) | Prima facie proof | |
| 146 | Where liquor may be forfeited | |
| 147 | Disposal of forfeited liquor | |
| PART VII | ||
| LOCAL OPTION | ||
| 148 | (1) | Definitions |
| (2) | Application of Part to specialty wine stores | |
| (3) | Application of by-laws to specialty wine stores | |
| (4) | Limitation on by-law power | |
| 149 | Where no petition required | |
| 150 | Municipality under local option | |
| 151 | (1) | Prohibitions |
| (2) | Effect of licensed sale by-law | |
| (3) | Establishment of warehouses | |
| (4) | By-law prohibiting | |
| (5) | Effect of by-law prohibiting beer sales | |
| (6) | Form of petition | |
| 152 | (1) | By-laws respecting licences |
| (2) | Effect of repeal | |
| (3) | Limitation on certain licences | |
| (4) | By-laws in new municipalities | |
| (5) | Administered municipality | |
| (6) | Vote in unincorp. village | |
| PETITIONS | ||
| 153 | (1) | Form of petition |
| (2) | Effect of local option petition | |
| (3) | Petition for liquor stores | |
| (4) | Combining of petitions | |
| (5) | Form of petition | |
| (6) | Requirements for petitions | |
| (7) | Affidavit verifying signatures | |
| (8) | Formalities re. signing petition | |
| (9) | Sections | |
| (10) | Supply of petition forms | |
| (11) | Submission of by-laws | |
| 154 | (1) | Objections to petition |
| (2) | Duties of minister | |
| (3) | Effect of certificate | |
| 155 | (1) | Proceedings for submission |
| (2) | Last day for filing petitions | |
| (3) | Last day for first two readings | |
| (4) | Limitation on further submissions | |
| (5) | Limitation on submission of by-laws | |
| (6) | Where no election in year | |
| 156 | (1) | Separate vote re each class |
| (2) | Limitation as to certain licences | |
| 157 | Approval requires majority of voters who vote | |
| 158 | Persons entitled to vote | |
| 159 | (1) | Publication of notice |
| (2) | When published | |
| 160 | (1) | Form of ballot |
| (2) | Combination of ballots | |
| (3) | Modification of ballot forms | |
| (4) | Poster for information of voters | |
| PROCEDURE AFTER VOTE | ||
| 161 | (1) | Subsequent procedure on by-law |
| (2) | Action on defeat of by-law | |
| 162 | Computation of time | |
| 163 | (1) | Proceedings for submission of repeal |
| (2) | Last day for filing petitions | |
| (3) | Last day for first two readings | |
| (4) | Limitation on petitions | |
| 164 | Application of sections 155 and 161 | |
| 165 | Repealed | |
| 166 | (1) | By-law not invalid for irregularities |
| (2) | Injunction proceedings restricted | |
| PART VIII | ||
| HOTELS | ||
| 167 | Where licence subject to hotel certificate | |
| 168 | (1) | Application |
| (2) | Grant or refusal by commission | |
| 169 | (1) | Certificate as registered hotel |
| (2) | Certificate not transferable | |
| (3) | Term | |
| 170 | (1) | Fees |
| (2) | Refunding registration fee | |
| 171 | Renewals | |
| 172 | Privileges of registered hotel | |
| 173 | Repealed | |
| 174 | Suspension and cancellation | |
| 175 | (1) | Powers of municipal councils |
| (2) | Hearing of complaints | |
| 176 | Repealed | |
| 177 | Repealed | |
| 178 | Repealed | |
| 179 | (1) | Hotel records |
| (2) | Application of section 13 | |
| PART IX | ||
| GENERAL PROVISIONS | ||
| 180 | (1) | General intent of Act |
| (2) | Means of control | |
| 181 | Where one provision invalid | |
| 182 | Reservation of powers | |
| 183 | Repealed | |