You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

# result(s)

Liquor Licence Act
Loi sur les permis d’alcool

ONTARIO REGULATION 389/91

SPECIAL OCCASION PERMITS

Historical version for the period February 9, 2007 to May 5, 2011.

Last amendment: O. Reg. 27/07.

This Regulation is made in English only.

General

1. In this Regulation,

“reception” means a special occasion described in paragraph 1 of section 3. O. Reg. 389/91, 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. An auction permit authorizing the sale of liquor by way of auction. O. Reg. 389/91, s. 2.

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

1. A reception for invited guests only that is conducted without the intention of gain or profit.

2. A fundraising event for the advancement of charitable, educational, religious or community objects conducted by,

i. a charitable organization that is registered under the Income Tax Act (Canada), or

ii. a non-profit association or organization for the advancement of charitable, educational, religious or community objects.

3. An event of provincial, national or international significance or an event designated by a municipal council as an event of municipal significance.

4. A trade show or consumer show at which the major themes, exhibits and demonstrations are directly related to an aspect of the hospitality industry and conducted without the intention of gain or profit and to which,

i. in the case of a trade show, only persons involved in the hospitality industry and their guests are permitted, and

ii. in the case of a consumer show, the general public is admitted.

5. An event at which market research on a liquor product will be carried out by or on behalf of the manufacturer of the product.

6. An event designated by the municipal council or by a delegated official of the municipality as a community festival and 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.

7. An auction conducted by or on behalf of,

i. a charitable organization that is registered under the Income Tax Act (Canada),

ii. an administrator or executor of an estate acting within the scope of his, her or its duties, or

iii. a Sheriff acting within the scope of his or her duties. O. Reg. 389/91, s. 3.

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

(2) The application shall be made to a store manager employed by the Liquor Control Board of Ontario or to an employee of that Board whose responsibilities include the considering of applications for such permits,

(a) at a government store in the municipality where the event is to take place; or

(b) if there is no government store in the municipality where the event is to take place, at the government store that is closest to the premises where the event is to take place. O. Reg. 759/94, s. 1.

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

(a) attend at the government store 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.

(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 of Alcohol and Gaming may refuse to issue a permit if,

(a) in the case of any event except a reception, the application for the permit is submitted to the Registrar of Alcohol and Gaming less than thirty days before the event for which the permit is requested; or

(b) in the case of a reception, the application for the permit is submitted to the Registrar of Alcohol and Gaming less than ten days before the date of the reception. O. Reg. 389/91, s. 4 (1); O. Reg. 66/98, s. 2 (1).

(2) The Registrar of Alcohol and Gaming 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).

5. (1) The Registrar of Alcohol and Gaming 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.

(2) The Registrar of Alcohol and Gaming 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.

(3) Spent: O. 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) A permit holder shall not advertise liquor or the availability of liquor without prior approval of the Registrar of Alcohol and Gaming. O. Reg. 389/91, s. 7 (1); O. Reg. 66/98, s. 5 (1).

(2) In an advertisement, a permit holder may, without the prior approval of the Registrar of Alcohol and Gaming,

(a) state that the permit holder has a permit;

(b) state the name of the establishment where liquor is available or the name under which the permit holder is conducting the event;

(c) refer in general terms to the types of liquor available on the premises to which the permit applies; and

(d) state the name of a manufacturer who donates liquor for an event described in clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990. O. Reg. 389/91, s. 7 (2); O. Reg. 66/98, s. 5 (2); O. Reg. 282/02, s. 1 (1).

(3) In an advertisement for an auction, the holder of the auction permit may, without the prior approval of the Registrar of Alcohol and Gaming, also include the name of the brands of liquor and the source of the liquor that will be offered for sale by auction. O. Reg. 389/91, s. 7 (3); O. Reg. 66/98, s. 5 (3).

(4) Subsections (2) and (3) do not apply to a permit holder for an event that is a reception. O. Reg. 389/91, s. 7 (4).

(5) A permit holder authorized to conduct a lottery event in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) may, without the prior approval of the Registrar of Alcohol and Gaming, advertise that liquor is a prize to be awarded at the event and state the type and brand of liquor to be awarded, the name of the manufacturer donating the liquor and any rules and restrictions governing the event. O. Reg. 282/02, s. 1 (2).

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) Premises with tiered seats intended for a viewing audience must not be used for the sale or service of liquor. O. Reg. 389/91, s. 10.

(2) Subsection (1) does not apply to the premises with tiered seats known as Peter Hallman Ball Yard, 220 Hayward Avenue, Kitchener, Ontario for the duration of the International Softball Congress World Fastball Tournament, August 9, 2007 to and including August 18, 2007, on condition that the holder of the permit for that event and all persons selling or serving liquor and all security personnel at the event, other than paid duty police officers acting as security personnel, have completed a server training course approved by the Board. O. Reg. 27/07, s. 1.

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

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. O. Reg. 389/91, s. 17 (1).

(2) Despite subsection (1), a manufacturer may reimburse the permit holder for the cost of liquor sold or served at a trade show. O. Reg. 389/91, s. 17 (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 clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990. O. Reg. 282/02, s. 2.

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. (1) A permit holder shall not operate, or permit to be operated, at the premises to which the permit applies any business other than,

(a) the sale and service of liquor and food;

(b) the sale of articles incidental to the sale and service of liquor and food;

(c) the sale of lottery tickets distributed under a government licence;

(d) the provision of entertainment ancillary to the sale and service of liquor and food; and

(e) the operation of games of chance or games of mixed skill and chance licensed under section 207 of the Criminal Code (Canada). O. Reg. 389/91, s. 21 (1).

(2) Subsection (1) does not apply to an auction permit. O. Reg. 389/91, s. 21 (2).

(3) Subsection (1) does not apply to professional sporting events of municipal, provincial, national or international significance at which spectators walk around large areas in order to follow the event. O. Reg. 389/91, s. 21 (3).

(4) Despite subsection (3), a business referred to in subsection (1) shall not be operated at an event involving the driving of motor vehicles, motorized snow vehicles or boats. O. Reg. 389/91, s. 21 (4).

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 of Alcohol and Gaming 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).

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

(a) 11 a.m. on any day from Monday to Saturday and 1 a.m. on the following day;

(b) noon on Sunday and 1 a.m. on Monday; and

(c) 11 a.m. on the 31st day of December and 2 a.m. on the following day. O. Reg. 389/91, s. 24 (2).

(3) Despite subsection (2), the Registrar of Alcohol and Gaming 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).

(4) Despite subsection (2), the Registrar of Alcohol and Gaming 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).

(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,

(a) only the quantity and type of liquor authorized under the permit; and

(b) only liquor that the permit holder has purchased from a government store. O. Reg. 389/91, s. 25 (1).

(2) Clause (1) (b) does not apply to liquor,

(a) sold under an auction permit;

(b) served at an event at which market research will be conducted or given by a manufacturer at an event described in clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990; or

(c) sold or served at a reception or event held by a representative of a foreign government. O. Reg. 389/91, s. 25 (2); O. Reg. 249/02, s. 4.

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

(4) Despite subsection (1), the holder of a no-sale permit may serve wine and beer that have not been purchased from a government store 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).

26. (1) 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).

(2) 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).

(3) Subsection (2) does not apply to a holder of an auction permit or to liquor given by a manufacturer for an event described in clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990. O. Reg. 389/91, s. 26 (3); O. Reg. 282/02, s. 3.

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 photo card issued by the board of the Alcohol and Gaming Commission of Ontario.

6. A photo card issued by the Liquor Control Board of Ontario. O. Reg. 389/91, s. 29 (5); O. Reg. 561/96, s. 1; O. Reg. 66/98, s. 7.

30. (1) At the request of an employee of the Alcohol and Gaming Commission of Ontario, the permit holder shall request evidence as to age of any person in the premises to which the permit applies. O. Reg. 66/98, s. 8.

(2) The employee may make the request if he or she believes that the person may be less than 19 years of age. O. Reg. 66/98, s. 8.

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 or riotous, quarrelsome, violent or disorderly conduct to occur on the premises to which the permit applies. O. Reg. 389/91, s. 32.

33. The permit holder shall post the permit in a conspicuous place on the premises to which the permit applies. O. Reg. 389/91, s. 33.

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. O. Reg. 389/91, s. 34.

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) A permit holder who wishes to designate a person to attend the event in the permit holder’s place shall obtain the person’s consent to the designation on a form provided by the Registrar of Alcohol and Gaming. O. Reg. 759/94, s. 2; O. Reg. 66/98, s. 10 (1).

(3) The permit holder and the designated person shall sign the designation, which shall be posted at the event along with the permit. O. Reg. 759/94, s. 2.

(4) The designated person shall not be the subject of an order of the board of the Alcohol and Gaming Commission of Ontario prohibiting the issuance of a permit to that person. O. Reg. 66/98, s. 10 (2).

(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. (1) If an event is to take place outdoors, the permit holder shall, at least twenty-one days prior to the event, 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. O. Reg. 389/91, s. 37 (1).

(2) If the event referred to in subsection (1) occurs in an area under the control of the National Capital Commission, the permit holder shall also give written notice of the event to the Chair of the Commission at least twenty-one days prior to the event. O. Reg. 389/91, s. 37 (2).

Conditions Particular to Auction Permits

38. (1) The holder of an auction permit shall ensure that liquor sold by way of auction is not served or consumed on the premises to which the permit applies. O. Reg. 389/91, s. 38 (1).

(2) The holder of an auction permit shall post a notice on the premises to which the permit applies stating,

(a) that the liquor may not have been tested by the Liquor Control Board of Ontario; and

(b) that the purchaser of any liquor sold by way of auction must acknowledge in writing that the liquor may not have been tested. O. Reg. 389/91, s. 38 (2).

(3) The holder of an auction permit shall give a copy of the acknowledgement to the Registrar of Alcohol and Gaming within 14 days after the auction. O. Reg. 66/98, s. 11.

(4) The holder of an auction permit shall not deliver the liquor to the purchaser until the purchaser is ready to leave the premises or until the conclusion of the auction, whichever occurs first. O. Reg. 389/91, s. 38 (4).

Information and Returns

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

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

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 of Alcohol and Gaming within 48 hours after an 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.

Fees

41. (1) The application fee payable for a sales permit is $75 per day. O. Reg. 394/96, s. 1.

(2) The application fee payable for a sales permit for a community festival is $75 for a period of three days or less. O. Reg. 394/96, s. 1.

(3) The application fee payable for a no-sale permit, which includes a permit for an event at which market research is carried out, is $25 per day. O. Reg. 394/96, s. 1.