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O. Reg. 86/20: LICENCES TO SELL LIQUOR

filed March 26, 2020 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ontario regulation 86/20

made under the

Liquor Licence Act

Made: March 25, 2020
Filed: March 26, 2020
Published on e-Laws: March 26, 2020
Printed in The Ontario Gazette: April 11, 2020

Amending Reg. 719 of R.R.O. 1990

(LICENCES TO SELL LIQUOR)

1. Regulation 719 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

56.1 (1) Despite subsection 34 (1), sealed, unopened liquor may be removed by a patron from the premises to which the licence applies if the licence holder ensures that,

(a) food is purchased together with the liquor sold by the licence holder, and the food and liquor are removed from the premises together;

(b) before the liquor is provided to a patron apparently under the age of nineteen years for removal from the premises, an item of identification of the person referred to in subsection (2) is inspected; and

(c) the patron to whom the liquor is provided is the same patron who purchased the liquor.

(2) The item of identification required for the purposes of clause (1) (b) must be an item of identification acceptable for the purposes of subsections 41 (3) and (4).

(3) Despite subsections 25 (1) and (2), liquor may be sold to a patron for removal from the premises, and removed from the premises by the patron, only between 9 a.m. and 11 p.m. on any day.

(4) Despite subsection 17 (2), the offer for sale and sale of liquor for removal by a patron from the premises may be supervised by an agent of the licence holder.

(5) The licence holder shall retain for one year records of the sales of liquor for removal by a patron from the premises under this section.

(6) Subsections 57 (3) and 58 (3) are subject to this section.

(7) The daily records required by subsections 57 (7) and 58 (7) shall include the amounts of beer or wine manufactured by the licence holder, as the case may be, that are sold to a patron for removal from the premises under this section.

(8) This section is revoked on January 1, 2021.

56.2 (1) In this section,

“delivery” does not include delivery under the authority of a licence to deliver liquor.

(2) The licence holder shall ensure that liquor is sold for delivery to another premises only in accordance with this section.

(3) Despite subsections 25 (1) and (2), liquor may be sold for delivery, including, for greater certainty, the conducting of the delivery, only between 9 a.m. and 11 p.m. on any day.

(4) Despite subsection 17 (2), the offer for sale and sale of liquor for delivery may be supervised by an agent of the licence holder.

(5) The sale of liquor for delivery is subject to the following requirements:

1. The liquor must be in a sealed and unopened container.

2. Food must be purchased together with the liquor sold by the licence holder at the licensed premises.

3. The order for the food and liquor must contain the following information, which the licence holder shall ensure is recorded on an order form:

i. The name and address of the licence holder.

ii. The name and address of the purchaser.

iii. The kinds and quantities of liquor to be purchased.

iv. The residential address where the liquor and food are to be delivered.

4. The liquor must be delivered by the licence holder or an employee or agent of the licence holder, together with the food that was purchased with it, to the residential address specified in the order.

5. The liquor must be delivered to the purchaser or another person who resides at the place of delivery and who is at least nineteen years of age.

6. Before the delivery of the liquor to a person who is apparently under the age of nineteen years, an item of identification of the person referred to in subsection (6) must be inspected.

(6) The item of identification required for the purposes of paragraph 6 of subsection (5) must be an item of identification acceptable for the purposes of subsections 41 (3) and (4).

(7) Liquor shall not be delivered to a patient in an institution listed in Schedule 1 of Regulation 718 (General) made under the Act, or to a patient in an institution for the treatment of alcoholics.

(8) The licence holder shall retain for one year records of the sales of liquor for delivery under this section that include, in respect of each sale,

(a) the name and address of the purchaser;

(b) the date of delivery;

(c) the kinds and quantities of liquor delivered;

(d) the price paid for the liquor;

(e) the delivery fee, if any; and

(f) the name of the person making the delivery.

(9) Subsections 57 (3) and 58 (3) are subject to this section.

(10) The daily records required by subsections 57 (7) and 58 (7) shall include the amounts of beer or wine manufactured by the licence holder, as the case may be, that are sold for delivery under this section.

(11)  Section 39 begins to apply with respect to agents involved in the sale of liquor for delivery under this section on the 30th day after the day this section begins to apply.

(12) Nothing in section 10 affects the operation of this section.

(13) A reference in this Regulation to the sale of liquor includes the sale of liquor for delivery under this section and, for greater certainty, includes the delivery of the liquor.

(14) This section is revoked on January 1, 2021.

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

98. (1) Subsection 5 (3) of the Act does not apply with respect to the delivery of liquor by a person in accordance with section 56.2.

(2) This section is revoked on January 1, 2021.

Commencement

3. This Regulation comes into force on the day it is filed.

 

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