O. Reg. 69/19: SPECIAL OCCASION PERMITS

 

ontario regulation 69/19

made under the

Liquor Licence Act

Made: April 11, 2019
Filed: April 12, 2019
Published on e-Laws: April 12, 2019
Printed in The Ontario Gazette: April 27, 2019

Amending O. Reg. 389/91

(SPECIAL OCCASION PERMITS)

1. Section 2 of Ontario Regulation 389/91 is amended by adding the following paragraph:

3. A permit issued for a tailgate event described in subparagraph 2 iv of section 3.

2. Paragraph 2 of section 3 of the Regulation is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv. a tailgate event held at outdoor premises that are at ground level, where the event is held in connection with, and in proximity to, a professional, semi-professional or post-secondary sporting event.

3. Section 3.1 of the Regulation is revoked and the following substituted:

3.1 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.

4. Section 6 of the Regulation is revoked and the following substituted:

6. For the purpose of subsection 19 (3) of the Act, inspectors designated under section 43 of the Act are designated as authorized persons.

5. Section 12 of the Regulation is revoked and the following substituted:

12. Premises must be readily distinguishable from adjacent premises to which the permit does not apply.

6. (1) Subsection 24 (1) of the Regulation is revoked and the following substituted:

(1) The Registrar shall specify in the permit the hours during which liquor may be sold, served or consumed.

(2) Subsection 24 (5) of the Regulation is revoked and the following substituted:

(5) The permit holder shall ensure that liquor is sold, served and consumed only during the hours specified in the permit.

7. Section 26 of the Regulation is amended by adding the following subsections:

(1.3) Despite subsection (1) but subject to section 29.1, the permit holder shall permit patrons to bring liquor to, and to consume liquor at, the premises of a tailgate event described in subparagraph 2 iv of section 3.

. . . . .

(4.1) Despite subsection (2), if a patron has brought liquor onto the premises in accordance with subsection (1.3) and has not consumed the liquor, the permit holder shall not permit the patron to remove the liquor from the premises when the patron departs unless,

(a) in the case of a patron who departs in a motorized vehicle other than a form of public transportation, the liquor is in a sealed and unopened container or packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle; or

(b) in all other cases, the liquor is in a closed container.

8. Section 27 of the Regulation is revoked.

9. Section 28 of the Regulation is amended by adding the following subsection:

(3) Subsections (1) and (2) do not apply with respect to a permit issued for a tailgate event described in subparagraph 2 iv of section 3.

10. The Regulation is amended by adding the following section:

29.1 (1) The holder of a permit issued for a tailgate event described in subparagraph 2 iv of section 3 shall not permit persons under 19 years of age to consume liquor at the event.

(2) If the permit holder believes that a person apparently under 19 years of age is consuming liquor at the event, the permit holder shall request that the person provide an item of identification and inspect it.

(3) The item of identification shall include a photograph of the person and state his or her date of birth.

(4) Without limiting the generality of subsection (3), the item of identification may be any of the types prescribed in subsection 29 (5).

(5) If the permit holder is not satisfied that a person consuming liquor is at least 19 years of age, the permit holder shall remove the person from the premises to which the permit applies.

11. Subsection 31 (2) of the Regulation is revoked and the following substituted:

(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 permit applies and to the adjacent washrooms, liquor and food preparation areas under the exclusive control of the permit holder.

12. Section 35 of the Regulation is amended by striking out “sold or served” and substituting “sold, served or consumed”.

Commencement

13. This Regulation comes into force on the later of May 6, 2019 and the day it is filed.