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O. Reg. 181/11: Licences to Sell Liquor

filed May 27, 2011 under Liquor Licence Act, R.S.O. 1990, c. L.19

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ontario regulation 181/11

made under the

liquor licence act

Made: May 4, 2011
Filed: May 27, 2011
Published on e-Laws: May 30, 2011
Printed in The Ontario Gazette: June 11, 2011

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

(Licences to Sell Liquor)

1. The definition of “commercially-made wine” in section 1 of Regulation 719 of the Revised Regulations of Ontario, 1990 is amended by striking out “(Content and Labelling of Wine)” and substituting “(Content of Wine)”.

2. Paragraph 7 of subsection 8 (2) of the Regulation is revoked.

3. Section 11 of the Regulation is revoked.

4. (1) Subsection 20 (2) of the Regulation is revoked and the following substituted:

(2) Without restricting the generality of subsection (1), the licence holder shall not advertise the availability of complimentary liquor and may supply complimentary servings of liquor only in circumstances that are consistent with not encouraging the immoderate consumption of liquor and only for the purpose of customer relations.

(2) Subsection 20 (3) of the Regulation is amended by striking out “or supply”.

(3) Subsection 20 (6) of the Regulation is revoked.

(4) Subsection 20 (7) of the Regulation is amended by striking out “Despite subsections (1) and (3)” at the beginning and substituting “Without restricting the generality of subsection (1)”.

(5) Subsection 20 (8) of the Regulation is revoked and the following substituted:

(8) Without restricting the generality of subsection (1), the licence holder may offer for sale at one price a package including liquor and one or more of a trip, accommodation, food and services.

5. Section 23 of the Regulation is revoked and the following substituted:

23. (1) The licence holder shall not operate or permit to be operated at the premises to which the licence applies the business of providing entertainment designed to appeal to erotic or sexual appetites or inclinations if the entertainment includes entertainment provided by a person under 18 years of age.

(2) In subsection (1),

“entertainment designed to appeal to erotic or sexual appetites or inclinations” includes entertainment,

(a) a feature or characteristic of which is the nudity or partial nudity of a person, or

(b) in respect of which the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or “nu” or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement.

(3) Subsections 41 (3), (4) and (5) and subsections 42 (1) and (2) apply with respect to the enforcement of subsection (1).

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

28. Liquor may be sold and served on a boat only when,

(a) the boat is being used for the primary purpose of transporting its passengers; and

(b) the boat is underway or would be underway but for unforeseen circumstances or the operator has indicated that the boat will soon be underway.

7. Subsection 32 (2) of the Regulation is revoked and the following substituted:

(2) A licence holder is not required to offer for sale more than one brand of draught beer except if the premises to which the licence applies is a stadium.

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

34.1 Despite subsections 33 (1) and 34 (1), the licence holder may permit a patron at a public event for which a permit has been issued under Ontario Regulation 389/91 (Special Occasion Permits) made under the Act to bring a serving of liquor as described in subsection 20 (4) or less of it onto the premises to which the licence applies and to remove the serving of liquor or less of it from the premises if,

(a) the event is an outdoor event taking place on both the premises to which the licence applies and premises to which the licence does not apply;

(b) the applicant for the permit has requested a patron be permitted to so act;

(c) the council of the municipality, or its delegate, has designated the event as one of municipal significance;

(d) the liquor is not removed from the premises to which the permit applies;

(e) the licence holder and the permit holder have entered into an agreement with each other to ensure that there is no unreasonable risk to public safety, the public interest and the public and no unreasonable risk of non-compliance with the Act and the regulations by either of the parties; and

(f) the parties to the agreement described in clause (e) have provided it to the Registrar at least 30 days before the event.

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

39. On and after January 1, 2008, all current and new licence holders shall ensure that all managers, persons involved in the sale or service of liquor and security staff whom the licence holder employs or, in the case of a stadium, uses, hold, within 60 days of the commencement of starting to so act, a certificate demonstrating the successful completion of a server training course approved by the Board.

10. Subsection 41 (5) of the Regulation is amended by adding the following paragraphs:

5. A secure certificate of Indian status issued by the Government of Canada.

. . . . .

7. A permanent resident card issued by the Government of Canada.

8. A photo card issued under the Photo Card Act, 2008.

11. Section 48 of the Regulation is revoked and the following substituted:

48. If a liquor sales licence is issued in respect of more than one premises, the service bar at one premises may be used to service a second premises but only the licence holder or the licence holder’s employees may carry the liquor across an area not under the exclusive control of the licence holder in order to reach the second premises.

12. Section 49 of the Regulation is amended by adding “or add tiered seating on the premises” after “applies”.

13. Clause 63.1 (1) (e) of the Regulation is amended by adding “and the location of any tiered seating in the area” at the end.

14. Sections 76, 76.1, 77 and 78, subsection 79 (4) and sections 80, 83, 85 and 86 of the Regulation are revoked.

Commencement

15. (1) Subject to subsection (2), this Regulation comes into force on the later of June 1, 2011 and the day it is filed.

(2) Sections 2, 3, 5, 7, 9, 12, 13 and 14 come into force on August 2, 2011.

 

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