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O. Reg. 247/02: LICENCES TO SELL LIQUOR

filed August 29, 2002 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ONTARIO regulation 247/02

made under the

Liquor Licence Act

Made: March 8, 2002
Filed: August 29, 2002
Printed in The Ontario Gazette: September 14, 2002

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

(Licences to Sell Liquor)

1. Section 1 of Regulation 719 of the Revised Regulations of Ontario, 1990 is amended by striking out the definition of “aircraft”.

2. Subsection 2.1 (4) of the Regulation is amended by striking out “Despite subsection 12 (2)” at the beginning and substituting “Despite subsection 12 (1)”.

3. Subsection 5 (2) of the Regulation is revoked.

4. Subsection 6 (5) of the Regulation is amended by striking out “an aircraft or”.

5. Subsection 7 (5) of the Regulation is amended by striking out “an aircraft or”.

6. Subsection 11.1 (2) of the Regulation is revoked and the following substituted:

(2) Section 78, subsections 79 (1), (3) and (4) and 80.1 (1) and sections 81, 83, 85 and 86 apply to the sale and service of liquor to patrons in the tiered seats of The Coliseum during The Royal Agricultural Winter Fair as if The Coliseum were a stadium.

7. (1) Subsection 11.2 (2) of the Regulation is revoked and the following substituted:

(2) Sections 76.1 and 78, subsections 79 (1) and (4) and sections 81, 83, 85, 86 and 92 apply to the sale and service of liquor at Molson Amphitheatre as if it were a stadium and the reference in section 83 to tiered seats shall be deemed to be a reference to Molson Amphitheatre.

(2) Clause 11.2 (4) (a) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(3) Subsection 11.2 (5) of the Regulation is revoked.

(4) Subsection 11.2 (7) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” in the portion before clause (a) and substituting “the Registrar of Alcohol and Gaming”.

(5) Subsection 11.2 (8) of the Regulation is revoked. 

8. (1) Subsection 11.3 (2) of the Regulation is revoked and the following substituted:

(2) Sections 76, 76.1 and 78, subsections 79 (1) and (4) and sections 81, 83, 85, 86 and 92 apply to the sale and service of liquor at Kingswood Music Theatre as if it were a stadium and the reference in section 83 to tiered seats shall be deemed to be a reference to Kingswood Music Theatre.

(2) Clause 11.3 (4) (a) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(3) Subsections 11.3 (5) and (7) of the Regulation are revoked.

9. Section 11.4 of the Regulation is amended by striking out “the Board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

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

12. (1) The maximum capacity of premises is that determined,

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

(b) in accordance with the Fire Protection and Prevention Act, 1997, if clause (a) does not apply and if that Act applies with respect to the premises.

(2) Subsection (1) does not apply to railway cars, boats and the playing area of a golf course.  

11. Section 13 of the Regulation is revoked and the following substituted:

13. Premises to which a licence applies, other than on a railway car or a boat, 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 licence does not apply.

12. (1) Section 20 of the Regulation is amended by adding the following subsection:

(2.1) Despite subsection (2), a licence holder may offer a package of food and liquor at a fixed price at an event if,

(a) the licence holder and event organizer have entered into a written contract that sets out separately the price of the food component and the price of the liquor component of the package;

(b) the price of the food component is the fair market price and represents more than 50 per cent of the total price of the package;

(c) the event is intended only for the invited guests of the event organizer, is not advertised to the general public and is not open to the general public;

(d) attendees are not charged a fee for admission to the event or for liquor or food;

(e) the event organizer or the organizer’s delegate remains on the premises at all times during the event;

(f) the time for which alcoholic drinks may be provided to attendees without charge to the attendee does not exceed eight hours;

(g) the licence holder, the employees and managers of the licence holder and the security personnel other than paid duty police officers acting as security personnel at the event have completed a server training course approved by the board of the Commission; and 

(h) the licence holder keeps all contracts relating to the event for at least one year after the event takes place and, on request, produces them to a person designated under section 43 of the Act or to a police officer.

(2) Subsection 20 (4) of the Regulation is amended by striking out “an aircraft”.

13. Subsection 25 (3) of the Regulation is amended by striking out “on an aircraft or”.

14. Subsections 26 (1) and (2) of the Regulation are amended by striking out “The board of the Alcohol and Gaming Commission of Ontario” wherever they appear and substituting “The Registrar of Alcohol and Gaming”.

15. Section 33 of the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), liquor may be brought onto premises to which the licence applies for the purpose of being awarded as a prize at a lottery event conducted in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada).

16. Section 34 of the Regulation is amended by adding the following subsection:

(2) Despite subsection (1), liquor may be removed from the premises to which the licence applies where the liquor has been awarded as a prize at a lottery event conducted in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada). 

17. Subsection 45 (2) of the Regulation is amended by striking out “Narcotic Control Act (Canada)” and substituting “Controlled Drugs and Substances Act (Canada)”.

18. Subsection 47 (3) of the Regulation is amended by striking out “an aircraft”.

19. Section 50 of the Regulation is revoked and the following substituted:

50. The holder of a licence that applies to premises other than a railway car or a boat shall ensure that the premises complies with,

(a) all applicable zoning by-laws respecting the use of the premises;

(b) the Building Code Act, 1992;

(c) the Fire Protection and Prevention Act, 1997; and

(d) the Health Protection and Promotion Act.

20. Section 78 of the Regulation is revoked and the following substituted:

78. A stadium must have designated areas in the tiered seats where the possession and consumption of liquor is prohibited.

21. (1) Clause 80 (1) (a) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(2) Clause 80 (1) (b) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(3) Clause 80 (1) (c) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(4) Subsection 80 (2) of the Regulation is amended by striking out “The board of the Alcohol and Gaming Commission of Ontario” at the beginning and substituting “The Registrar of Alcohol and Gaming”.

(5) Subsection 80 (2.1) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”.

(6) Subsection 80 (2.2) of the Regulation is amended by striking out “The board of the Alcohol and Gaming Commission of Ontario” at the beginning and substituting “The Registrar of Alcohol and Gaming”.

22. (1) Subsection 80.1 (1) of the Regulation is amended by striking out “The board of the Alcohol and Gaming Commission of Ontario” at the beginning and substituting “The Registrar of Alcohol and Gaming”.

(2) Subsection 80.1 (2) of the Regulation is amended by striking out “the board of the Alcohol and Gaming Commission of Ontario” and substituting “the Registrar of Alcohol and Gaming”. 

23. Section 82 of the Regulation is revoked.

24. Section 83 of the Regulation is revoked and the following substituted:

83. The licence holder shall serve liquor to patrons for consumption in the tiered seats only in containers that have lids and that are distinct in appearance from the containers in which non-alcoholic beverages are served.

25. Section 84 of the Regulation is revoked.

26. Section 86 of the Regulation is amended by adding the following subsection:

(2) Subsection (1) does not apply to paid duty police officers.

27. Section 87 of the Regulation is revoked and the following substituted:

87. (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.

(2) Except for public service advertising, the holder of a licence to sell liquor 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 in relation to any activity that requires care and skill or has elements of physical danger;

(f) does not depict motorized vehicles in motion unless the vehicle is a form of public transportation and is not associated with consumption;

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

(h) is in compliance with guidelines related to advertising issued by the Registrar of Alcohol and Gaming.

(3) When premises to which a licence applies are used as a setting for a film or television production, the licence holder may show the name of the establishment if the licence holder complies with the requirements set out in subsection (2).

28. Sections 101, 102, 102.1, 103, 105, 106, 107, 108, 109, 110, 111 and 113 of the Regulation are revoked.

37/02