[36] Bill 57 Original (PDF)
B057_E
Bill 57 1998
An Act to amend the Liquor
Licence Act in respect of brew
on premise facilities
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of the Liquor Licence Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, is further amended by adding the following definition:
"
brew on premise facility" means premises where equipment for the making of beer or wine on the premises is provided to individuals. ("centre de brassage libre-service")
2. The Act is amended by adding the following section:
Same, brew on premise facility
5.1 No person shall operate a brew on premise facility except under the authority of a licence to operate such a facility.
3. Subsection 6 (6) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 18, section 5, is repealed and the following substituted:
Effect of default under Retail Sales Tax Act
(6) Despite any other provision of this Act, the Board shall not renew or transfer a licence to sell liquor or a licence to operate a brew on premise facility and no person is entitled to the renewal or transfer of either of those licences if the holder of the licence is in default of filing a return to the Minister of Finance or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act.
4. The Act is amended by adding the following section:
Licence to operate brew on premise facility
11.1 (1) A person may apply to the Board for a licence to operate a brew on premise facility.
Requirements
(2) An applicant for a licence to operate a brew on premise facility is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clause 6 (2) (a), (d), (e), (f) or (g).
Member or employee to consider application
(3) An application for a licence shall be considered by a member or employee of the Board and the member or employee may,
(a) approve the application if the applicant is not disentitled under subsection (2); or
(b) direct that a proposal be issued to refuse to issue the licence.
Conditions on consent
(4) A member or employee who approves an application for a licence under clause (3) (a) may specify any conditions consented to by the applicant that are to be attached to the licence.
5. Subsection 12 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, is repealed and the following substituted:
Issuance of licence
(1) The Board shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a brew on premise facility to an applicant therefor whose application is approved by a member or employee of the Board or by the Board, who complies with this Act and the regulations and who pays the required fee.
6. Subsection 13 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 18, section 5, is repealed and the following substituted:
Exception, default under the Retail Sales Tax Act
(2) Subsection (1) does not apply in respect of a licence to sell liquor or to operate a brew on premise facility if the holder of the licence is in default of filing a return to the Minister of Finance or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act.
7. Section 15 of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, is further amended by adding the following subsection:
Idem, licence to operate brew on premise facility
(4.1) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to operate a brew on premise facility or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.
8. Section 16 of the Act is repealed and the following substituted:
Change of ownership of business
16. (1) Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence, no person shall keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a brew on premise facility under the authority of the licence unless the licence is transferred by the Board in accordance with this Act and the regulations.
Change of ownership of corporate licensee
(2) Except as permitted by the regulations, if there is a prescribed change of ownership of a licensee that is a corporation, the licensee shall not keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a brew on premise facility under the authority of the licensee's licence unless the licence is transferred by the Board in accordance with this Act and the regulations.
9. (1) Subsection 17 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, is repealed and the following substituted:
Transfer of licence
(1) A person may apply to the Board for the transfer of a licence to sell liquor, a licence to deliver liquor or a licence to operate a brew on premise facility.
(2) Section 17 of the Act, as amended by the Statutes of Ontario, 1996, chapter 26, section 3, is further amended by adding the following subsection:
Same, licence to operate brew on premise facility
(2.1) An applicant for the transfer of a licence to operate a brew on premise facility is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g).
10. Subsection 18 (1) of the Act is repealed and the following substituted:
Temporary transfer
(1) The Board, in accordance with the regulations, may transfer a licence to sell liquor and a licence to operate a brew on premise facility for a period of not more than one year to permit the orderly disposition of the business carried on under the licence.
11. Subsection 21 (1) of the Act is amended by adding the following paragraph:
2.1 Refuse to issue a licence to operate a brew on premise facility.
12. (1) Section 30 of the Act is amended by adding the following subsection:
Person under 19, use of brew on premise facility
(4.1) No licensee of a brew on premise facility or employee or agent of such a licensee shall,
(a) knowingly permit a person under 19 years of age to use the facility for the making of beer or wine;
(b) permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine.
(2) Subsections 30 (6) and (7) of the Act are repealed and the following substituted:
Reliance on documentation
(6) A person who sells or supplies liquor to another person, permits another person to have or consume liquor in licensed premises or permits a person to use a brew on premise facility to make beer or wine on the basis of documentation of a prescribed type is not in contravention of subsection (2), (4) or (4.1) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the person producing it.
Court may determine apparent age
(7) In a prosecution for a contravention of subsection (2), (4) or (4.1), the court may determine, from the appearance of the person and from other relevant circumstances, whether a person to whom liquor was served or supplied, a person who was permitted to have or consume liquor or a person who was permitted to use a brew on premise facility to make beer or wine appears to be under 19 years of age.
13. Section 31 of the Act is amended by adding the following subsection:
Same
(3.1) Despite clause (2) (b), no person shall consume beer or wine in a licensed brew on premise facility except as permitted by the regulations.
14. (1) Subsection 61 (3) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 10, section 24, is amended by striking out "or (4)" in the third line and substituting "(4) or (4.1)".
(2) Subsection 61 (3.0.1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 10, section 24, is amended by striking out the portion before clause (a) and substituting the following:
(3.0.1) Upon conviction for contravening subsection 30 (1), (2), (3), (4) or (4.1),
. . . . .
(3) Subsection 61 (6) of the Act is amended by striking out "or (4)" and substituting "(4) or (4.1)".
(4) Subsection 61 (7) of the Act is amended by striking out "or (4)" and substituting "(4) or (4.1)".
15. Subsection 62 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 18, section 5 and 1996, chapter 26, section 3, is further amended by adding the following paragraphs:
9.1 requiring licensees operating a brew on premise facility to provide the Board with such information and returns respecting the operation of the facility as is prescribed and requiring any information provided to be verified on oath.
. . . . .
10.1 controlling the advertising of goods and services provided in connection with the making of beer and wine at a brew on premise facility and requiring that advertisements be subject to the approval of the Board.
. . . . .
11.1 prescribing standards for brew on premise facilities.
. . . . .
12.1 prescribing or prohibiting methods and practices in connection with the making of beer or wine at brew on premise facilities.
. . . . .
20.1 prohibiting operators of brew on premise facilities and their employees and agents from offering or giving inducements or engaging in prescribed practices with respect to the provision of any service provided at such a facility.
. . . . .
23.1 regulating and controlling the possession, storage, removal and consumption of beer and wine at a brew on premise facility.
Commencement
16. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
17. The short title of this Act is the Liquor Licence Amendment Act, 1998.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.