[40] Bill 150 Original (PDF)
Bill 150 2013
An Act to amend various statutes with respect to liquor licensing
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
City of Toronto Act, 2006
1. The City of Toronto Act, 2006 is amended by adding the following section:
Restrictions re liquor licensed establishments
92.1 (1) Without limiting sections 7 and 8, a by-law under those sections with respect to liquor licensed establishments may, despite section 90, limit the number of licences granted to liquor licensed establishments in a defined area of the City.
Classes of liquor licensed establishments
(2) A by-law described in subsection (1) may establish different classes of liquor licensed establishments.
Definition
(3) In this section,
"liquor licensed establishment" means a premises in respect of which a licence to sell liquor under section 6 of the Liquor Licence Act is issued.
2. (1) Section 97 of the Act is amended by adding the following subsection:
Classes of liquor licensed establishments
(2.1) A by-law passed by the City for a purpose described in subsection (1) may establish different classes of liquor licensed establishments for the purpose of requiring a class of those establishments to be closed to the public at any time.
(2) Subsection 97 (3) of the Act is amended by adding "and" at the end of clause (a) and by repealing clause (a.1).
(3) Section 97 of the Act is amended by adding the following subsection:
Definition
(4) In this section,
"liquor licensed establishment" means a premises in respect of which a licence to sell liquor under section 6 of the Liquor Licence Act is issued.
Licence Appeal Tribunal Act, 1999
3. Section 5.1 of the Licence Appeal Tribunal Act, 1999 is amended by adding the following subsection:
Public interest
(4.1) In the absence of evidence to the contrary, in a hearing that the Tribunal holds under the Liquor Licence Act, the Tribunal shall consider a resolution of the council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality.
Liquor Licence Act
4. Section 6 of the Liquor Licence Act is amended by adding the following subsection:
Public interest
(3.1) In the absence of evidence to the contrary, the Registrar shall consider a resolution of the council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause (2) (h).
5. Section 8.1 of the Act is amended by adding the following subsection:
Public interest
(1.1) For the purpose of establishing criteria under subsection (1), the Board shall consider a resolution of the council of the municipality, in which are located the premises for which a person holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality in respect of the public interest.
6. Section 17 of the Act is amended by adding the following subsection:
Notice of application
(1.1) The Registrar shall give notice of an application for the transfer of a licence to sell liquor to the municipality in which the premises are located.
Municipal Act, 2001
7. (1) Section 148 of the Municipal Act, 2001 is amended by adding the following subsection:
Classes of liquor licensed establishments
(1.1) A by-law passed by a local municipality for a purpose described in subsection (1) may establish different classes of liquor licensed establishments for the purpose of requiring a class of those establishments to be closed to the public at any time.
(2) Subsection 148 (2) of the Act is amended by adding the following definition:
"liquor licensed establishment" means a retail business establishment in respect of which a licence to sell liquor under section 6 of the Liquor Licence Act is issued; ("établissement pourvu d'un permis d'alcool")
(3) Subsection 148 (4) of the Act is amended by adding "and" at the end of clause (a) and by repealing clause (b).
8. The Act is amended by adding the following section:
Restrictions re liquor licensed establishments
154.1 (1) Without limiting sections 9, 10 and 11, a local municipality, in a by-law under section 151 with respect to liquor licensed establishments may, despite section 153, limit the number of licences granted to liquor licensed establishments in a defined area of the municipality.
Classes of liquor licensed establishments
(2) A by-law described in subsection (1) may establish different classes of liquor licensed establishments.
Definition
(3) In this section,
"liquor licensed establishment" means a premises in respect of which a licence to sell liquor under section 6 of the Liquor Licence Act is issued.
Commencement and Short Title
Commencement
9. This Act comes into force six months after the day it receives Royal Assent.
Short title
10. The short title of this Act is the Liquor Licensing Statute Law Amendment Act, 2013.
EXPLANATORY NOTE
The Bill amends the City of Toronto Act, 2006, the Licence Appeal Tribunal Act, 1999, the Liquor Licence Act and the Municipal Act, 2001.
The City of Toronto Act, 2006 is amended by adding a new section 92.1, which allows the City to pass by-laws limiting the number of licences granted to liquor licensed establishments or classes thereof. Section 97 of the Act is amended to allow the City to pass by-laws requiring liquor licensed establishments or classes thereof to be closed to the public at any time.
Section 5.1 of the Licence Appeal Tribunal Act, 1999 is amended by adding a new subsection (4.1), which states that, in the absence of evidence to the contrary, in a hearing that the Tribunal holds under the Liquor Licence Act, the Tribunal must consider a resolution of the council of the municipality as proof of the needs and wishes of the residents of the municipality.
Section 6 of the Liquor Licence Act is amended by adding a new subsection (3.1) and section 8.1 is amended by adding a new subsection (1.1). The new subsections require that, in the absence of evidence to the contrary, the Registrar and the Board must consider a resolution of the council of the municipality as proof of the needs and wishes of the residents of the municipality. Section 17 of the Act is amended by adding a new subsection (1.1), which requires the Registrar to give notice of an application for the transfer of a licence to sell liquor to the municipality in which the premises are located.
Section 148 of the Municipal Act, 2001 is amended to allow a municipality to pass by-laws requiring liquor licensed establishments or classes thereof to be closed to the public at any time. The Act is amended by adding a new section 154.1, which allows a municipality to pass by-laws limiting the number of licences granted to liquor licensed establishments or classes thereof.