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O. Reg. 351/07: Brew on Premise Facilities

filed July 13, 2007 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ontario regulation 351/07

made under the

Liquor Licence Act

Made: June 13, 2007
Filed: July 13, 2007
Published on e-Laws: July 16, 2007
Printed in The Ontario Gazette: July 28, 2007

Amending O. Reg. 58/00

(Brew on Premise Facilities)

1. The title of Ontario Regulation 58/00 is revoked and the following substituted:

FERMENT ON PREMISE FACILITIES

2. The following provisions of the Regulation are amended by striking out “brew on premise facility” wherever it appears and substituting in each case “ferment on premise facility”:

1. The definitions of “licensed premises” and “licensee” in section 1.

2. The heading immediately before section 2 and section 2. 

3. Subsection 6 (1).

4. Clause 10 (2) (a).

5. Section 13.

6. Subsections 15 (1), (2), (4) and (5).

7. Section 18, in the portion before clause (a).

3. (1) Subsection 11 (4) of the Regulation is amended by striking out “brew on premise facilities” in the portion before paragraph 1 and substituting “ferment on premise facilities”.

(2) Paragraph 5 of subsection 11 (4) of the Regulation is revoked.

4. Subsection 15 (3) of the Regulation is revoked and the following substituted:

(3) For the purpose of section 13 of the Act, the date on which the licence expires is prescribed as the last day on which an application for the renewal of a licence to operate a ferment on premise facility may be made and the required fee paid. 

5. Sections 16 and 17 of the Regulation are revoked and the following substituted:

Transfer of Licence

16. (1) The following are prescribed changes for the purposes of section 16 of the Act:

1. An individual becomes or ceases to be an officer or director of a licence holder that is a corporation or a corporation that effectively controls the business.

2. A person becomes or ceases to be a partner of a licence holder that is a partnership. 

3. A person or partnership acquires a beneficial interest in the business of the licence holder, including holding or controlling shares of a licence holder that is a corporation or in a corporation that effectively controls the business.

4. A person or partnership other than the licence holder becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the sale of liquor at the premises to which the licence applies. 

(2) For the purposes of paragraph 3 of subsection (1), if a person or partnership acquires shares in a licence holder that is a corporation or in a corporation that effectively controls the business of the licence holder, an acquisition that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation is a prescribed change.

(3) Despite subsection (1), the following prescribed changes shall be considered rollovers by the Registrar for the purposes of transferring a licence if the principal individuals involved in the business of the licence holder remain the same after the change occurs:

1. A licence holder that is a sole proprietorship becomes a corporation.

2. A licence holder that is a partnership becomes a sole proprietorship or a corporation.

3. A licence holder that is a corporation becomes a sole proprietorship or a partnership. 

(4) Despite paragraph 1 of subsection (1), if an individual ceases to be an officer or director of a licence holder that is a corporation, the corporation may operate the ferment on premise facility to which the licence applies without transferring its licence, if the corporation gives the Registrar of Alcohol and Gaming notice of the change within 30 days after it occurs.

(5) Despite paragraph 2 of subsection (1), if a partner ceases to be a partner in a partnership that is a licence holder, the partnership may operate the ferment on premise facility to which the licence applies without transferring its licence, if the partnership gives the Registrar of Alcohol and Gaming notice of the change within 30 days after it occurs.   

6. Section 20 of the Regulation is revoked.

7. This Regulation comes into force on the later of,

(a) the day subsections 16 (54) and (56) of the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 come into force; and

(b) the day this Regulation is filed.