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Liquor Licence Act
Loi sur les permis d’alcool

ONTARIO REGULATION 389/91

SPECIAL OCCASION PERMITS

Consolidation Period:  From July 1, 2016 to the e-Laws currency date.

Last amendment: 33/16.

Legislative History: 429/92, 759/94, 242/95, 394/96, 483/96, 561/96, 66/98, 346/00, 249/02, 282/02, 404/05, 27/07, 146/11, 182/11, 126/12, CTR 11 OC 11 - 6, 298/15, 33/16.

This Regulation is made in English only.

General

1. Revoked:  O. Reg. 182/11, s. 1.

2. The following classes of special occasion permits are established:

1. A sales permit authorizing the sale and service of liquor.

2. A no-sale permit authorizing the service of liquor without charge.

3. Revoked:  O. Reg. 126/12, s. 1.

O. Reg. 389/91, s. 2; O. Reg. 126/12, s. 1.

3. For the purpose of subsection 19 (1) of the Act, the following are the prescribed special occasions:

1. A private event for invited guests only that is conducted without the intention of gain or profit from the sale of liquor.

2. A public event that is,

i. conducted by a charitable organization registered under the Income Tax Act (Canada) or by a non-profit association or organization for the advancement of charitable, educational, religious or community objects,

ii. an event of provincial, national or international significance, or

iii. an event designated by a municipal council as an event of municipal significance.

3. Revoked:  O. Reg. 182/11, s. 2 (2).

4. An industry promotional event,

i. at which a manufacturer, a licensed representative of a manufacturer or the event organizer acting on behalf of a manufacturer or a licensed representative of a manufacturer may provide samples of liquor and take orders for liquor purchases, and

ii. that is conducted without the intention of gain or profit from the sale of liquor and is for the purpose of promoting a manufacturer’s products.

5. Revoked:  O. Reg. 182/11, s. 2 (3).

6. Revoked:  O. Reg. 182/11, s. 2 (4).

7. Revoked:  O. Reg. 182/11, s. 2 (5).

O. Reg. 389/91, s. 3; O. Reg. 182/11, s. 2; O. Reg. 126/12, s. 2.

3.1 (1) An application for a special occasion permit shall be made on a form provided by the Registrar.  O. Reg. 66/98, s. 1; O. Reg. 146/11, s. 1.

(2) The application shall be made to the Liquor Control Board of Ontario or to the Registrar.  O. Reg. 182/11, s. 3.

(3) At the request of a person referred to in subsection (2), the applicant shall,

(a) attend at the Liquor Control Board of Ontario in person to make the application; and

(b) produce one of the types of identification referred to in paragraphs 1 to 4 of subsection 29 (5) or a passport issued by a government of another country.  O. Reg. 759/94, s. 1; O. Reg. 298/15, s. 1.

(4) An applicant for a permit shall ensure that the premises at which the event is to take place are not disqualified premises under section 20 of the Act.  O. Reg. 759/94, s. 1.

4. (1) The Registrar may refuse to issue a permit if,

(a) the applicant submits the application for the permit to the Registrar less than,

(i) 30 days before the date of the event, if the event is not a private event,

(ii) 10 days before the date of the event, if the event is a private event; and

(b) in the case of an event that is to take place outdoors, the applicant does not, by the time specified in subsection (1.1), give written notice of the event to the clerk of the municipality and to the police, fire and health departments of the municipality in which the event is to take place and, if the event is to take place in an area under the control of the National Capital Commission, to the Chair of the Commission.  O. Reg. 389/91, s. 4 (1); O. Reg. 66/98, s. 2 (1); O. Reg. 146/11, s. 1; O. Reg. 182/11, s. 4 (1-3).

(1.1) The time mentioned in clause (1) (b) is at least,

(a) 30 days before the event is to take place, if it is expected that fewer than 5,000 people will attend the event; or

(b) 60 days before the event is to take place, if it is expected that 5,000 people or more will attend the event.  O. Reg. 182/11, s. 4 (4).

(2) The Registrar may refuse to issue a permit for an event which is one in a series of events conducted or sponsored by a person, association or organization if, as a result of doing so, the permit holder is or appears to be operating an ongoing business.  O. Reg. 389/91, s. 4 (2); O. Reg. 66/98, s. 2 (2); O. Reg. 146/11, s. 1.

(3) Despite subsection (2), the Registrar may issue a permit for multiple day events if,

(a) each event is one of a series of events;

(b) the application for the permit is for all of the events;

(c) the nature, purpose, location and target audience of the each of the events are the same; and

(d) as a result of doing so, the permit holder is not operating an ongoing business or does not appear to be doing so.  O. Reg. 182/11, s. 4 (5).

(4) If the Registrar issues a permit for multiple day events, the permit holder may store liquor that is sold under the permit between days of the events if the permit holder,

(a) stores the liquor in a secure area that is not in a dwelling;

(b) ensures that the liquor is not commingled with liquor not sold under the permit;

(c) identifies the location where the liquor sold under the permit is to be stored and provides the Registrar with a list of persons with access to the location; and

(d) ensures that the liquor is made available to police officers and inspectors designated under section 43 of the Act for inspection on request.  O. Reg. 182/11, s. 4 (5).

5. (1) The Registrar shall not issue a sale permit for any event to be held in a municipality in which a licence could not be issued.  O. Reg. 389/91, s. 5 (1); O. Reg. 66/98, s. 3; O. Reg. 146/11, s. 1.

(2) The Registrar may issue a no-sale permit for any event in any municipality.  O. Reg. 389/91, s. 5 (2); O. Reg. 66/98, s. 3; O. Reg. 146/11, s. 1.

(3) SpentO. Reg. 346/00, s. 1.

6. For the purpose of subsection 19 (3) of the Act, the following classes of persons are designated:

1. Store managers employed by the Liquor Control Board of Ontario.

2. Inspectors designated under section 43 of the Act and employees of the Liquor Control Board of Ontario whose responsibilities include the considering of applications for special occasion permits.  O. Reg. 389/91, s. 6: O. Reg. 66/98, s. 4.

Advertising Liquor and its Availability for Sale

7. (1) In this section,

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of liquor or of the consumption of liquor.  O. Reg. 182/11, s. 5 (1).

(2) Except for public service advertising, the permit holder may advertise or promote liquor or the availability of liquor only if the advertising,

(a) is consistent with the principle of depicting responsibility in use or service of liquor;

(b) promotes a general brand or type of liquor and not the consumption of liquor in general;

(c) does not imply that consumption of liquor is required in obtaining or enhancing,

(i) social, professional or personal success,

(ii) athletic prowess,

(iii) sexual prowess, opportunity or appeal,

(iv) enjoyment of any activity,

(v) fulfilment of any goal, or

(vi) resolution of social, physical or personal problems;

(d) does not appeal, either directly or indirectly, to persons under the legal drinking age or is not placed in media that are targeted specifically at people under that age;

(e) does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of physical danger;

(f) does not depict motorized vehicles in motion in advertising showing the consumption of liquor, unless the motorized vehicle is a form of public transportation;

(g) does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and

(h) is in compliance with the guidelines related to advertising issued by the Registrar and published on the website of the Alcohol and Gaming Commission of Ontario, as they are amended from time to time. O. Reg. 182/11, s. 5 (1); O. Reg. 298/15, s. 2.

(3) Despite subsection (2), a permit holder for a private event described in paragraph 1 of section 3 shall not advertise or promote liquor or the availability of liquor.  O. Reg. 182/11, s. 5.

Standards for Premises

8. The standards described in sections 9 to 12.1 apply with respect to premises, or the part of premises, to which a permit applies.  O. Reg. 389/91, s. 8; O. Reg. 242/95, s. 1.

9. (1) Premises used as a dwelling must not be used for the sale or service of liquor under a permit.  O. Reg. 389/91, s. 9 (1).

(2) A dwelling referred to in subsection (1) does not include the common areas of a multiple unit residential building.  O. Reg. 389/91, s. 9 (2).

10. (1) A permit holder shall not add tiered seating on the premises to which the permit applies without providing prior written notice to the Registrar.  O. Reg. 182/11, s. 6 (1).

(1.1) Revoked:  O. Reg. 182/11, s. 6 (2).

(2) Revoked:  O. Reg. 146/11, s. 2.

11. The maximum capacity of premises other than railway cars and boats is the maximum capacity determined,

(a) under the Building Code Act, 1992, if that Act applies with respect to the premises; or

(b) under the Fire Prevention and Protection Act, 1997, if clause (a) does not apply and if that Act applies with respect to the premises.  O. Reg. 249/02, s. 1.

12. (1) Premises must be defined by a partition that is at least 0.9 metres high and that makes the premises readily distinguishable from adjacent premises to which the permit does not apply.  O. Reg. 389/91, s. 12 (1); O. Reg. 249/02, s. 2.

(2) Subsection (1) does not apply to a professional sporting event of municipal, provincial, national or international significance at which spectators walk around large areas in order to follow the event if the event is held in an area that is kept separate from surrounding areas.  O. Reg. 389/91, s. 12 (2).

(3) Despite subsection (2), the partition referred to in subsection (1) is required at an event involving the driving of motor vehicles, motorized snow vehicles or boats.  O. Reg. 389/91, s. 12 (3).

12.1 Premises must not be used for the sale or service of liquor under a permit if,

(a) an application for a licence in respect of the premises has been refused because issuing the licence would not have been in the public interest; or

(b) a licence in respect of the premises has been revoked or is under suspension.  O. Reg. 242/95, s. 2; O. Reg. 483/96, s. 1.

Prohibited Methods and Practices Respecting the Serving of Liquor

12.2 A permit holder shall not supply liquor to any person except in accordance with the conditions of the permit.  O. Reg. 182/11, s. 7.

13. (1) No person shall sell, offer for sale or serve at premises to which a permit applies a drink that contains more than eighty-five millilitres of spirits.  O. Reg. 389/91, s. 13 (1).

(2) Spirits may be sold in a pitcher intended for more than one person if the pitcher does not contain more than eighty-five millilitres of spirits per person.  O. Reg. 389/91, s. 13 (2).

14. A permit holder shall not substitute one type of liquor for another liquor in a drink of a customer unless the customer consents to the substitution.  O. Reg. 389/91, s. 14.

15. (1) A permit holder shall not adulterate liquor by adding any substance to it or keep for sale or sell adulterated liquor.  O. Reg. 389/91, s. 15 (1).

(2) A permit holder may add a substance to a customer’s drink when requested to do so by the customer.  O. Reg. 389/91, s. 15 (2).

16. The permit holder shall not require a person to purchase a minimum number of drinks in order to gain entry to, or remain on, the premises.  O. Reg. 389/91, s. 16.

17. (1) A permit holder shall not, directly or indirectly, request, demand or receive a financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer except if the permit is for an industry promotional event.  O. Reg. 389/91, s. 17 (1); O. Reg. 182/11, s. 8 (1).

(2) Revoked:  O. Reg. 182/11, s. 8 (2).

(3) Despite subsection (1), a permit holder may request or receive liquor from a manufacturer who is donating it for an event described in subparagraph 2 i of section 3.  O. Reg. 282/02, s. 2; O. Reg. 182/11, s. 8 (3).

18. (1) A permit holder shall not engage in or allow practices which may tend to encourage the immoderate consumption of liquor by a person attending the event.  O. Reg. 389/91, s. 18 (1).

(2) The permit holder shall ensure that the price of liquor or a drink containing liquor is the same during all hours of operation of the event.  O. Reg. 389/91, s. 18 (2).

19. The permit holder shall not permit contests on the premises to which the permit applies that involve the purchase or consumption of liquor.  O. Reg. 389/91, s. 19.

20. The permit holder shall not permit free liquor to be offered or given to a customer as a prize in a contest.  O. Reg. 389/91, s. 20.

Conditions

21. Revoked:  O. Reg. 182/11, s. 9.

22. (1) The permit holder shall provide security sufficient to ensure that unauthorized persons do not attend the event and to ensure that the conditions of the permit and requirements of the Act are observed.  O. Reg. 389/91, s. 22 (1).

(2) In determining whether security is sufficient under subsection (1), the permit holder shall consider,

(a) the nature of the event;

(b) the size of the premises; and

(c) the age and number of persons attending the event.  O. Reg. 389/91, s. 22 (2).

23. The permit holder shall ensure that no liquor is sold or served from a vending machine on the premises to which a permit applies.  O. Reg. 389/91, s. 23.

24. (1) The Registrar shall specify in the permit the hours during which liquor may be sold and served.  O. Reg. 389/91, s. 24 (1); O. Reg. 66/98, s. 6 (1); O. Reg. 146/11, s. 1.

(2) The hours specified in the permit shall be between,

(a) 11 a.m. on any day except for December 31 and 2 a.m. on the following day; and

(b) 11 a.m. on December 31 and 3 a.m. on the following day.

(c) Revoked:  O. Reg. 182/11, s. 10.

O. Reg. 389/91, s. 24 (2); O. Reg. 182/11, s. 10.

(3) Despite subsection (2), the Registrar may specify in the permit any hours for events of provincial, national or international significance.  O. Reg. 389/91, s. 24 (3); O. Reg. 66/98, s. 6 (2); O. Reg. 249/02, s. 3 (1); O. Reg. 146/11, s. 1.

(4) Despite subsection (2), the Registrar may specify in the permit any hours for events of municipal significance if the applicable municipal council or its delegate has designated the event as being of municipal significance.  O. Reg. 389/91, s. 24 (4); O. Reg. 66/98, s. 6 (2); O. Reg. 249/02, s. 3 (2); O. Reg. 146/11, s. 1.

(5) The permit holder shall ensure that liquor is sold and served only during the hours specified in the permit.  O. Reg. 389/91, s. 24 (5).

25. (1) A permit holder may sell, keep for sale or serve only liquor that the permit holder has purchased from a government store or at a store to which an authorization under clause 3 (1) (e) of the Liquor Control Act applies.  O. Reg. 182/11, s. 11 (1); O. Reg. 298/15, s. 3 (1).

(2) Subsection (1) does not apply to liquor,

(a) served at an industry promotional event at which market research will be conducted or given by a manufacturer at an event described in subparagraph 2 i of section 3;

(b) sold or served at an event held by a representative of a foreign government; or

(c) sold at an auction authorized by the Registrar and conducted by a charitable organization that is registered under the Income Tax Act (Canada) or by an administrator, executor or law enforcement officer acting within the scope of the person’s duties. O. Reg. 182/11, s. 11 (4); O. Reg. 33/16, s. 1 (1).

(3) Despite subsection (1), the permit holder may serve wine and beer made by a member of the family hosting a wedding, anniversary or other family special occasion if,

(a) the permit holder acquires the wine and beer free of charge; and

(b) the permit holder does not sell the wine and beer but serves them free of charge.  O. Reg. 389/91, s. 25 (3); O. Reg. 33/16, s. 1 (2).

(4) Despite subsection (1), the holder of a no-sale permit may serve wine and beer that have not been purchased from a store mentioned in subsection (1) to an organization or association if,

(a) the wine and beer are made by members of the organization or association;

(b) the objects of the organization or association are the testing, exhibition and judging of wine and beer made by its members; and

(c) the wine and beer are served only to members of the organization or association at an event that is open to the public.  O. Reg. 389/91, s. 25 (4); O. Reg. 298/15, s. 3 (2).

26. (1) Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act, the permit holder shall ensure that only the liquor purchased under the authority of the permit or otherwise authorized to be served under the permit is brought upon the premises to which the permit applies.  O. Reg. 389/91, s. 26 (1); O. Reg. 182/11, s. 12 (1).

(1.1) Despite subsection (1), the permit holder may permit patrons to bring sealed, unopened liquor purchased from a government store or a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies onto the premises if the liquor is intended for personal use elsewhere than on or adjacent to the premises.  O. Reg. 182/11, s. 12 (2); O. Reg. 298/15, s. 4.

(1.2) Despite subsection (1), the permit holder may permit patrons to bring sealed, unopened liquor onto the premises if the liquor is to be sold in an auction described in clause 25 (2) (c). O. Reg. 33/16, s. 2.

(2) Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act, the permit holder shall ensure that no liquor sold or served on the premises to which the permit applies is removed from the premises by a person attending the event.  O. Reg. 389/91, s. 26 (2); O. Reg. 182/11, s. 12 (3).

(3) Subsection (2) does not apply to liquor given by a manufacturer for an event described in subparagraph 2 i of section 3.  O. Reg. 182/11, s. 12 (5).

(4) Despite subsection (2), if a patron has brought sealed, unopened liquor purchased from a government store or a store to which an authorization under clause 3 (1) (e) or (e.1) of the Liquor Control Act applies onto the premises in accordance with subsection (1.1) and the liquor has not been opened, the permit holder shall permit the patron to remove the liquor from the premises when the patron departs.  O. Reg. 182/11, s. 12 (6); O. Reg. 298/15, s. 4.

(5) Despite subsection (2), the permit holder shall permit the successful bidder for liquor at an auction described in clause 25 (2) (c) held on the premises to remove the liquor from the premises when the bidder departs. O. Reg. 33/16, s. 2.

27. The permit holder shall not sell or serve liquor unless there is a supply of food sufficient to serve the persons attending the event to which the permit applies.  O. Reg. 389/91, s. 27.

28. (1) The permit holder shall ensure that a variety of non-alcoholic beverages are sold or served on the premises to which the permit applies.  O. Reg. 389/91, s. 28 (1).

(2) The permit holder shall ensure that the price of non-alcoholic beverages is less than the price of liquor sold on the premises.  O. Reg. 389/91, s. 28 (2).

29. (1) The permit holder shall ensure that, before liquor is sold or served to a person apparently under the age of nineteen, an item of identification of the person is inspected.  O. Reg. 389/91, s. 29 (1).

(2) If a condition of the permit prohibits the entry of persons under nineteen years of age at the premises to which the permit applies, the permit holder shall ensure that an item of identification is inspected before admitting a person apparently under that age to the premises.  O. Reg. 389/91, s. 29 (2).

(3) The item of identification shall include a photograph of the person and state his or her date of birth.  O. Reg. 389/91, s. 29 (3).

(4) Without limiting the generality of subsection (3), the item of identification may be any of the types prescribed in subsection (5).  O. Reg. 389/91, s. 29 (4).

(5) The following types of identification are prescribed for the purpose of subsection 30 (6) of the Act:

1. A driver’s licence issued by the Province of Ontario with a photograph of the person to whom the licence is issued.

2. A Canadian passport.

3. A Canadian citizenship card with a photograph of the person to whom the card was issued.

4. A Canadian Armed Forces identification card.

5. A secure certificate of Indian status issued by the Government of Canada.

6. A photo card issued by the Liquor Control Board of Ontario.

7. A permanent resident card issued by the Government of Canada.

8. A photo card issued under the Photo Card Act, 2008.  O. Reg. 389/91, s. 29 (5); O. Reg. 561/96, s. 1; O. Reg. 66/98, s. 7; O. Reg. 182/11, s. 13.

30. If an inspector designated under section 43 of the Act believes that any person in the premises to which a permit applies is less than 19 years of age, the inspector may require the permit holder or a person designated under section 36 of this Regulation to request evidence as to the age of the person in the premises.  O. Reg. 182/11, s. 14.

31. (1) A permit holder shall ensure that no person enters behind the bar during the hours that liquor is sold or served unless the person is,

(a) an employee or other person authorized by the permit holder to enter behind the bar;

(b) an employee of the Alcohol and Gaming Commission of Ontario;

(c) a police officer;

(d) a government inspector who is in the course of carrying out his or her duties; or

(e) a licensed representative of a manufacturer who is in the course of carrying out his or her duties.  O. Reg. 389/91, s. 31 (1); O. Reg. 66/98, s. 9.

(2) A permit holder shall ensure that the police officers acting in the course of their duties are given access to the premises to which the licence applies and to the adjacent washrooms, liquor and food preparation areas under the exclusive control of the licence holder.  O. Reg. 389/91, s. 31 (2).

32. A permit holder shall not permit drunkenness, unlawful gambling or riotous, quarrelsome, violent or disorderly conduct to occur on the premises to which the permit applies or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the permit holder.  O. Reg. 182/11, s. 15.

33. The permit holder shall post the permit in a conspicuous place on the premises to which the permit applies or shall keep it in a place where it is readily available for inspection.  O. Reg. 389/91, s. 33; O. Reg. 182/11, s. 16.

34. The permit holder shall post the levy receipt for the liquor purchased, if any, in a conspicuous place on the premises to which the permit applies or shall keep it in a place where it is readily available for inspection.  O. Reg. 389/91, s. 34; O. Reg. 182/11, s. 16.

35. The permit holder shall remove all evidence of the service and consumption of liquor within forty-five minutes after the end of the period during which liquor may be sold or served under the permit.  O. Reg. 389/91, s. 35.

36. (1) The permit holder shall attend the event to which the permit applies or designate a person to attend in the permit holder’s place.  O. Reg. 389/91, s. 36.

(2) If the permit holder designates a person to attend the event in the permit holder’s place, the permit holder and the designated person shall sign the permit and the permit holder shall keep it at the event and make it available to a police officer or to an inspector designated under section 43 of the Act upon request.  O. Reg. 182/11, s. 17.

(3) Revoked:  O. Reg. 182/11, s. 17.

(4) The designated person shall not be the subject of an order of the Registrar prohibiting the issuance of a permit to that person.  O. Reg. 146/11, s. 3.

(5) All of the requirements that apply to the permit holder apply to the designated person as well.  O. Reg. 759/94, s. 2.

37. Revoked:  O. Reg. 182/11, s. 18.

38. Revoked:  O. Reg. 182/11, s. 19.

Information and Returns

39. (1) A permit holder shall keep records describing all purchases, sales and stocks of liquor under the permit.  O. Reg. 389/91, s. 39 (1); O. Reg. 182/11, s. 20.

(2) The permit holder shall keep the records for six months and shall provide them to the Registrar upon request.  O. Reg. 66/98, s. 12; O. Reg. 146/11, s. 1.

40. The permit holder or, in the case of an organization, the person who applied for the permit shall, upon request, make a written report to the Registrar within 48 hours after an event or a single event of a multiple day event is held, stating the amount of liquor that was purchased for the event and the amount of liquor that was not consumed at the event.  O. Reg. 66/98, s. 13; O. Reg. 146/11, s. 1; O. Reg. 182/11, s. 21.

41. Revoked:  O. Reg. 182/11, s. 22.