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O. Reg. 230/03: LICENCES TO SELL LIQUOR

filed June 3, 2003 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ontario regulation 230/03

made under the

Liquor Licence Act

Made: April 24, 2003
Filed: June 3, 2003
Printed in The Ontario Gazette: June 21, 2003

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

(Licences to Sell Liquor)

1. The definition of “stadium” in section 1 of Regulation 719 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“stadium” means a premises whose seating is in fixed tiers and in which live sporting and entertainment events take place before an audience;

2. Section 2 of the Regulation is revoked.

3. Section 7 of the Regulation is revoked.

4. Subsection 7.1 (1) of the Regulation is amended by striking out “In the absence of receiving submissions to the contrary” and substituting “In the absence of evidence to the contrary”.

5. Subsection 8 (2) of the Regulation is amended by adding the following paragraph:

7. A stadium endorsement authorizing the sale and service of liquor in the tiered seats of a stadium during live sporting and entertainment events approved by the Registrar of Alcohol and Gaming.

6. Section 9 of the Regulation is amended by striking out “14.1” and substituting “14”.

7. Section 11 of the Regulation is amended by adding “Except in a stadium” at the beginning.

8. Sections 11.1, 11.2, 11.3 and 11.4 of the Regulation are revoked.

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

12. (1) The maximum capacity of premises to which the Building Code Act, 1992 applies is the maximum capacity determined under that Act.

(2) The maximum capacity of premises to which the Building Code Act, 1992 does not apply is the maximum capacity determined under the Fire Protection and Prevention Act, 1997 if that Act applies to the premises.

(3) The maximum capacity of premises to which neither the Building Code Act, 1992 nor the Fire Protection and Prevention Act, 1997 applies is determined by allowing 1.11 square metres per person.

(4) Subsections (1), (2) and (3) do not apply to railway cars, boats and the playing area of a golf course.

10. Section 14.1 of the Regulation is revoked.

11. Section 15 of the Regulation is revoked and the following substituted:

15. (1) Except as provided in subsection (2), the holder of a licence to sell liquor shall not contract out the sale and service of liquor.

(2) The Registrar shall authorize a licence holder to contract out the sale and service of liquor to a person who is applying to receive the transfer of the licence holder’s licence if,

(a) the applicant has filed with the Registrar of Alcohol and Gaming an application for transfer and paid the required fee; and

(b) the licence holder has signed an authorization for the applicant to operate the business and has filed it with the Registrar.

(3) The licence holder shall remain liable under the licence during the period for which the sale and service of liquor has been contracted out and the authorization shall state that the licence holder is so liable for that period.

(4) An authorization expires,

(a) on the issuance of the transfer of the licence; or

(b) on the issuance of a notice of proposal to refuse the transfer.

12. Section 17 of the Regulation is revoked and the following substituted:

17. (1) The holder of a licence to sell liquor shall not supply liquor to a person except in accordance with the conditions of the liquor sales licence.

(2) The licence holder shall ensure that liquor is offered for sale, sold and served only under the supervision of an employee authorized by the licence holder for the purpose.

(3) The licence holder shall ensure that no liquor is sold or served from a vending machine.

13. The Regulation is amended by adding the following sections:

18.1 The holder of a licence to sell liquor shall not require a person to purchase a minimum number of drinks in order to gain entry to, or remain on, the premises to which the licence applies.

18.2 (1) The holder of a licence to sell liquor shall not permit contests on the premises to which the licence applies which involve the purchase or consumption of liquor. 

(2) The licence holder shall not permit contests which require a patron to remain on the premises in order to receive a prize.

(3) Except as permitted in subsection 33 (2), the licence holder shall not permit free liquor to be offered or given to a patron as a prize in a contest.

14. (1) Subsection 20 (2) of the Regulation is amended by adding the following clause: 

(e) permit persons employed on the licensed premises to purchase servings of liquor for patrons or offer servings of liquor to patrons free of charge. 

(2) Subsection 20 (7) of the Regulation is revoked and the following substituted:

(7) The holder of a licence to sell liquor that applies to premises in which the Ontario Lottery and Gaming Corporation conducts and manages a lottery scheme is exempt from clause (2) (a) with respect to any part of the premises to which public access is restricted and which are approved by the Registrar of Alcohol and Gaming. 

15. Section 20.1 of the Regulation is amended by adding the following subsection:

(4) If there is a temporary increase in the price of liquor or of a drink containing liquor, the licence holder shall post notices specifying the increase and when it takes effect in locations visible to persons on the premises. 

16. (1) Clauses 23 (3) (c) and (c.1) of the Regulation are revoked and the following substituted:

(c) a lottery scheme conducted and managed by the Ontario Lottery and Gaming Corporation;

(2) Subsection 23 (4) of the Regulation is revoked and the following substituted:

(4) In clause (3) (b),

“municipality” includes an upper-tier municipality.

17.  Section 24 of the Regulation is revoked.

18. Subsection 26 (3) of the Regulation is revoked and the following substituted:

(3) In subsection (2),

“municipality” includes an upper-tier municipality.

19. Subsection 30 (1) of the Regulation is revoked.

20. Clause 31 (1) (a) of the Regulation is revoked.

21. Subsection 32 (1) of the Regulation is revoked and the following substituted:

(1) A licence holder who offers spirits, beer or wine for sale shall keep in stock and offer for sale a variety of liquor products of a variety of manufacturers.

22. Sections 37, 39 and 40 of the Regulation are revoked.

23. (1) Paragraph 5 of subsection 41 (5) of the Regulation is revoked.

(2) Subsection 41 (6) of the Regulation is revoked.

24. Clause  44 (1) (b) of the Regulation is amended by striking out “licensed”.

25. Subsection 45 (1) of the Regulation is amended by adding “unlawful gambling” after “drunkenness”.

26. Section 47 of the Regulation is revoked and the following substituted:

47. (1) Liquor belonging to the licence holder must be stored adjacent to the premises for which the licence is issued.

(2) Despite subsection (1), liquor may be stored in a convenient location near the premises if the premises is a railway car or a boat or if it is not practical to store the liquor adjacent to the premises.

(3) The licence holder shall notify the Registrar of Alcohol and Gaming of the location of any liquor stored away from the premises pursuant to subsection (2).

27. Sections 53 of the Regulation is revoked and the following substituted:

53. The licence holder shall make available to, or shall post in locations visible to, persons on the premises lists describing,

(a) the varieties of liquor available for sale;

(b) the amount of liquor in each type of drink offered for sale;

(c) the varieties of non-alcoholic beverages available for sale; and

(d) the purchase price of the liquor and the non-alcoholic beverages. 

28. Section 54 of the Regulation is revoked and the following substituted:

54. (1) The licence holder shall retain for one year,

(a) records of the purchases of liquor offered for sale in the premises to which the licence applies; and

(b) records of the sales of liquor in the premises to which the licence applies.

(2) The records must include purchase invoices.

29. Section 68 of the Regulation is amended by striking out “69” and substituting “70”.

30. Section 69 of the Regulation is revoked.

31. Clause 70 (1) (a) of the Regulation is revoked.

32. Section 75 of the Regulation is revoked and the following substituted:

75. The licence holder shall retain records of mini bar sales for one year.

33. Sections 76, 76.1, 77 and 78 of the Regulation are revoked and the following substituted: 

76. (1) No stadium endorsement shall be issued with respect to a stadium unless the council of the municipality in which the stadium is located has passed a resolution approving the issuance of a stadium endorsement.

(2) Despite subsection (1), a person who holds a liquor sales licence with respect to a stadium where the sale and service of liquor to patrons in the tiered seats is authorized on the day this section comes into force is not required to obtain a resolution under subsection (1). 

(3) Subsection (1) does not apply to premises located at Molson Amphitheatre at  Ontario Place, Toronto and Kingswood Music Theatre at Paramount Canada’s Wonderland, 9580 Jane Street, Vaughan.

(4) The Registrar of Alcohol and Gaming is exempt from subsection 7 (1) of the Act in respect of an application for a stadium.

76.1 Holders of liquor sales licences with a stadium endorsement are exempt from subsection 20.1 (4), section 23, subsection 32 (2) and section 53.

77. Each licence holder shall ensure that the conditions of the licence that are set out in subsection 79 (4) and sections 80, 81, 83, 85 and 86 respecting stadiums are met. 

78. A stadium endorsement shall be issued only with respect to a stadium that is primarily used for live entertainment events or live professional sporting events.

34. Subsections 79 (1) and (3) of the Regulation are revoked.

35. Sections 80, 80.1 and 81 of the Regulation are revoked and the following substituted:

80. (1) The holder of a liquor sales licence with a stadium endorsement may sell and serve liquor for consumption by patrons in the seating area, including the tiered seats, only,

(a) during a live sporting event approved by the Registrar of Alcohol and Gaming held at the stadium and during the 90-minute period immediately prior to the event; or

(b) during a live entertainment event approved by the Registrar of Alcohol and Gaming held at the stadium and during the 90-minute period immediately prior to the event.

(2) The Registrar of Alcohol and Gaming shall not approve a live sporting event for the purposes of clause (1) (a) if the majority of the participants in the event or the patrons in the stadium at the event are under the age of 19 years.

(3) Despite subsection (2), the Registrar of Alcohol and Gaming may approve an Ontario Hockey League event or a United States Hockey League event even if the majority of the participants in the event are under the age of 19 years.

(4) The Registrar of Alcohol and Gaming shall not approve a live entertainment event for the purposes of clause (1) (b) unless,

(a) the lighting for the tiered seating of the stadium during the event is sufficient to conduct inspections under the Act and this Regulation; and

(b) the majority of the patrons at the event are at least 19 years of age or older.

(5) Where the Registrar of Alcohol and Gaming has approved a live entertainment event under subsection (4), the licence holder shall ensure there is compliance with the requirements set out in clauses (4) (a) and (b).

81. (1) Premises located at The Coliseum, Exhibition Place, Toronto are exempt from section 11 with respect to the event known as The Royal Agricultural Winter Fair on condition that the sale and service of liquor is conducted under a caterer’s endorsement.

(2) Subsection 79 (4) and sections 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. 

36. Sections 88, 89, 90, 92 and 92.1 of the Regulation are revoked.

37. Section 96 of the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) when executors or administrators of the estate of a deceased licence holder take possession of the premises to which the licence applies.

38. Sections 98, 98.1, 98.2, 98.2.1, 98.2.2, 98.2.3, 98.2.4, 98.2.5 and 98.2.6 of the Regulation are revoked.

39. Section 100.1 of the Regulation is revoked and the following substituted:

100.1 Any golfer who obtained liquor at any licensed area of a golf course is exempt from subsection 32 (1) of the Act while driving or having the care or control of a golf cart on the playing area of the golf course.

40. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 3, 11 and 19 come into force on August 1, 2003.