Bill 148 2013

An Act to amend the Liquor Licence Act to permit the retail sale of liquor

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Section 6 of the Liquor Licence Act is amended by adding the following subsection:

Manufacturer's licence

   (3.1)  A licence to sell liquor may be issued under this section to a manufacturer who is entitled to it if,

  (a)  the licence is subject to the conditions that,

           (i)  the manufacturer shall not sell liquor to any person except a licensee described in subsection 12 (2.1), and

          (ii)  the liquor that the manufacturer sells under the licence shall not contain alcohol in excess of 15 per cent; or

  (b)  the regulations authorize the issuance of the licence.

   (2)  Subsection 6 (4) of the Act is repealed and the following substituted:

Prohibition

   (4)  A licence to sell liquor shall not be issued to a person who, by reason of an agreement, arrangement or understanding with any person, is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.

   2.  Section 12 of the Act is amended by adding the following subsections:

Same, retail sale

   (2.1)  Despite the regulations, a licence to sell liquor that is issued to a licensee who meets the prescribed requirements and who is not a manufacturer shall not be subject to any condition that the licensee ensure that the liquor not be removed from the premises to which the licence applies if,

  (a)  in applying for the licence or a renewal of the licence, the applicant or the licensee, as the case may be, requests that the licence not be subject to such a condition; and

  (b)  on issuing or renewing the licence, the Registrar includes a notation on the licence that it is not subject to such a condition.

Conditions for retail sale

   (2.2)  A licence to sell liquor described in subsection (2.1) is subject to the conditions that,

  (a)  the liquor that the licensee sells under the licence shall not contain alcohol in excess of 15 per cent; and

  (b)  the licensee shall not sell liquor under the licence except between the hours of 7 a.m. and midnight local time.

   3.  Subsection 14 (2) of the Act is amended by striking out "section 8.1, subsection 10 (4), 11 (5), 11.1 (4)" and substituting "clause 6 (3.1) (a), section 8.1, subsection 10 (4), 11 (5), 11.1 (4) or 12 (2.2)".

   4.  Section 14.1 of the Act is amended by striking out "subsection 10 (4), 11 (5), 11.1 (4)" and substituting "clause 6 (3.1) (a), subsection 10 (4), 11 (5), 11.1 (4) or 12 (2.2)".

Commencement

   5.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Spirits of Competition Act (Liquor Licences), 2013.

EXPLANATORY NOTE

The Bill amends the Liquor Licence Act to allow manufacturers of liquor to obtain a licence to sell liquor that does not contain alcohol in excess of 15 per cent to retail sellers of liquor that meet the requirements specified by the regulations made under the Act.

In turn, when those retail sellers apply for a licence to sell liquor or a renewal of that licence, they can request that the licence not be subject to the condition that presently applies to other licences to sell liquor, namely the requirement that liquor sold must not be removed from the premises to which the licence applies. A licence to sell liquor that is held by a retail seller is subject to the conditions that liquor sold under that licence shall not contain alcohol in excess of 15 per cent and shall not be sold except during the hours of 7 a.m. to midnight local time.