Liquor Licence Act, R.S.O. 1990, c. L.19

Citation:	Liquor Licence Act, R.S.O. 1990, c. L.19
Information about this text:	Consolidation: Amended by: 1993, c. 31, s. 4; 1993, c. 38, s. 68; 1994, c. 18, s. 5; 1994, c. 27, s. 88; 1994, c. 37, ss. 13-18; 1996, c. 2, s. 69; 1996, c. 26, s. 3; 1996, c. 32, s. 73; 1997, c. 10, s. 24; 1998, c. 18, Sched. E, ss. 166-175; 1998, c. 18, Sched. G, s. 63; 1998, c. 24; 1999, c. 12, Sched. F, s. 29; 2000, c. 26, Sched. B, s. 13; 2001, c. 9, Sched. D, s. 9; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. E, s. 7.
Enabled Regulations:	9 Regulations
URL:	http://www.canlii.org/on/laws/sta/l-19/20030205/whole.html
Version downloaded by CanLII on 2003-02-05

Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.

CHAPTER L.19

Liquor Licence Act

Amended by: 1993, c. 31, s. 4; 1993, c. 38, s. 68; 1994, c. 18, s. 5; 1994, c. 27, s. 88; 1994, c. 37, ss. 13-18; 1996, c. 2, s. 69; 1996, c. 26, s. 3; 1996, c. 32, s. 73; 1997, c. 10, s. 24; 1998, c. 18, Sched. E, ss. 166-175; 1998, c. 18, Sched. G, s. 63; 1998, c. 24; 1999, c. 12, Sched. F, s. 29; 2000, c. 26, Sched. B, s. 13; 2001, c. 9, Sched. D, s. 9; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. E, s. 7.

As of January 1, 2003.

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CONTENTS


1.	Definitions
Licences and Permits
5.	Licence or permit required
5.1	Licence required, brew on premise facility
6.	Licence to sell
7.	Public notice of application
8.	Member to consider application
8.	Registrar to consider application
9.	Public meeting
10.	Licence to deliver
11.	Licence to represent manufacturer
11.1	Licence to operate brew on premise facility
12.	Issuance of licence
13.	Continuance pending renewal
14.	Imposition of new conditions on licence
14.	Conditions on licence
15.	Revocation, suspension or refusal to renew licence to sell liquor
15.	Revocation, suspension or refusal to renew licence
16.	Change of ownership of business
17.	Transfer of licence
18.	Temporary transfer
19.	Special occasion permit
20.	Disqualification of premises
20.1	Refusal of special occasion permit or caterer's endorsement
21.	Notice of proposal
21.	Notice of proposal
22.	Manufacturer's licence to sell to L.C.B.O.
Hearings
23.	Hearing
24.	Reviewing decision or order
Responsible Use
27.	Unlawful purchase
28.	Unlawful gift
29.	Sale to intoxicated person
30.	Rules, persons under 19
31.	Unlawful possession or consumption
32.	Conveying liquor in vehicle, boat
33.	Unlawful consumption or supply of alcohol
33.1	Prohibition, possession of liquor
34.	Removing person from premises
34.1	Removing persons from premises where contravention suspected
35.	By-law designating recreational area
36.	Taking to hospital in lieu of charge
37.	Detention in institution
38.	Advertising
39.	Civil liability
40.	Exception for drugs and medicines
41.	Exception for research and education
42.	Intoxicating liquor
Compliance
43.	Persons designated by chair
44.	Inspections
44.1	Detention of vehicles, etc.
45.	Obstruction
46.	Forfeiture of liquor
46.1	Possession of proceeds
47.	Seizure
48.	Arrest without warrant
49.	Confidentiality
51.	Analyst's certificate or report
Local Option
52.	Prohibited areas
53.	Local option to authorize sale
54.	Local option to cease sale
55.	Voting day
56.	Eligible voters
57.	Municipal Elections Act, 1996 applies
58.	Return to Board
59.	Resubmitting questions
60.	Municipal restructuring
Offences
61.	Offences
Regulations
62.	Regulations
Miscellaneous
63.	Transition, licence

Definitions

1. In this Act,

"alcohol" means a product of fermentation or distillation of grains, fruits or other agricultural products, and includes synthetic ethyl alcohol; ("éthanol")

"beer" means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products in drinkable water; ("bière")

"Board", "member of the Board" and "employee of the Board" means the board of the Alcohol and Gaming Commission of Ontario or the Registrar of Alcohol and Gaming, as the case may be, as set out in the regulations made under the Alcohol and Gaming Regulation and Public Protection Act, 1996; ("Commission", "membre de la Commission", "employé de la Commission")

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of "Board", "member of the Board" and "employee of the Board" is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (1) and the following substituted:

"Board" means the board of the Alcohol and Gaming Commission of Ontario established under the Alcohol and Gaming Regulation and Public Protection Act, 1996; ("conseil")

See: 2002, c. 18, Sched. E, ss. 7 (1), 11 (1).

"brew on premise facility" means premises where equipment for the making of beer or wine on the premises is provided to individuals; ("centre de brassage libre-service")

"government store" means a government store established under the Liquor Control Act; ("magasin du gouvernement")

"licence" means a licence issued under this Act; ("permis")

"liquor" means spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter; ("alcool")

"manufacturer" means a person who produces liquor for sale; ("fabricant")

"municipality" means a local municipality; ("municipalité")

"Ontario wine" means,

(a) wine produced in Ontario from grapes, cherries, apples or other fruits grown in Ontario, the concentrated juice of those fruits or other agricultural products containing sugar or starch and includes Ontario wine to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario,

(b) wine produced by the alcoholic fermentation of Ontario honey, with or without the addition of caramel, natural botanical flavours or the distillate of Ontario honey wine, or

(i) apples grown in Ontario or the concentrated juice thereof to which is added herbs, water, honey, sugar or the distillate of Ontario wine or cereal grains grown in Ontario, and

(ii) the concentrated juice of apples grown outside of Ontario,

in such proportion as is prescribed; ("vin de l'Ontario")

"permit" means a permit issued under this Act; ("permis de circonstance")

"prescribed" means prescribed by the regulations; ("prescrit")

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (2) by adding the following definition:

"Registrar" means the Registrar of Alcohol and Gaming within the meaning of the Alcohol and Gaming Regulation and Public Protection Act, 1996; ("registrateur")

See: 2002, c. 18, Sched. E, ss. 7 (2), 11 (1).

"regulations" means the regulations made under this Act; ("règlements")

"sell" means to supply for remuneration, directly or indirectly, in any manner by which the cost is recovered from the person supplied, alone or in combination with others, and "sale" has a corresponding meaning; ("vendre", "vente")

"spirits" means any beverage containing alcohol obtained by distillation; ("spiritueux")

"wine" means any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of the natural sugar contents of fruits, including grapes, apples and other agricultural products containing sugar, and including honey and milk. ("vin") R.S.O. 1990, c. L.19, s. 1; 1996, c. 26, s. 3 (1); 1998, c. 18, Sched. E, s. 166; 1998, c. 24, s. 1; 2002, c. 17, Sched. F, Table.

2. Repealed: 1996, c. 26, s. 3 (2).

3. Repealed: 1996, c. 26, s. 3 (3).

4. Repealed: 1993, c. 38, s. 68.

Licences and Permits

Licence or permit required

5. (1) No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence or permit to sell liquor or under the authority of a manufacturer's licence.

Soliciting orders

(2) No person shall canvass for, receive or solicit orders for the sale of liquor unless the person is the holder of a licence or permit to sell liquor or unless the person is the holder of a licence to represent a manufacturer.

Delivery for fee

(3) No person shall deliver liquor for a fee except under the authority of a licence to deliver liquor.

Exception

(4) Subsections (1), (2) and (3) do not apply to the sale or delivery of liquor by or under the authority of the Liquor Control Board of Ontario under the Liquor Control Act. R.S.O. 1990, c. L.19, s. 5.

Licence required, brew on premise facility

5.1 No person shall operate a brew on premise facility except under the authority of a licence to operate such a facility. 1998, c. 24, s. 2.

Licence to sell

6. (1) A person may apply to the Board for a licence to sell liquor. R.S.O. 1990, c. L.19, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (3) by striking out "Board" and substituting "Registrar". See: 2002, c. 18, Sched. E, ss. 7 (3), 11 (1).

Requirements

(2) Subject to subsection (4) or (4.1), an applicant is entitled to be issued a licence to sell liquor except if,

(a) having regard to the applicant's financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant's business;

(b) Repealed: 1998, c.18, Sched. E, s. 167 (1).

(d) the past or present conduct of the persons referred to in subsection (3) affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(e) the applicant or an employee or agent of the applicant makes a false statement or provides false information in an application under this Act;

(f) the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Act or the regulations;

(g) the premises, accommodation, equipment and facilities in respect of which the licence is to be issued are not, or will not be, if the applicant is licensed, in compliance with this Act and the regulations; or

(h) the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located. R.S.O. 1990, c. L.19, s. 6 (2); 1998, c. 18, Sched. E, s. 167 (1, 2).

Idem

(3) Clause (2) (d) applies to the following persons:

1. The applicant.

2. An officer or director of the applicant.

3. A person holding more than 10 per cent of the equity shares of the applicant or an officer or director of such person.

4. A person having a beneficial interest in the business of the applicant.

5. A person having responsibility for the management or operation of the business of the applicant. R.S.O. 1990, c. L.19, s. 6 (3).

Prohibition

(4) A licence to sell liquor shall not be issued,

(a) to a manufacturer; or

(b) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.

Same

(4.1) Subject to subsection (4.2), a licence to sell liquor shall not be issued,

(a) to a person who is under agreement with any person to sell the liquor of any manufacturer;

(b) to a person who is associated or connected with a manufacturer or financially interested in a manufacturer as to be likely to promote the sale of liquor of that manufacturer;

(c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor of any manufacturer;

(d) to a person for premises in which a manufacturer has an interest, whether freehold or leasehold, or by way of mortgage or charge or other encumbrance, or by way of mortgage, lien or charge upon any personal property in the premises and whether the interest is direct or indirect or contingent or by way of suretyship or guarantee; or

(e) to a person in respect of a business in which a manufacturer has an interest by way of a franchise agreement.

Exception

(4.2) The Board may issue a licence to sell liquor to an applicant mentioned in subsection (4.1) even if there is a financial relationship between the applicant and a manufacturer once the Board has considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence. 1998, c. 18, Sched. E, s. 167 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4.2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (5) by striking out "The Board may issue" at the beginning and substituting "The Registrar may issue". See: 2002, c. 18, Sched. E, ss. 7 (5), 11 (1).

Definition

(5) In this section,

"equity share" means a share of a class of shares that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing. R.S.O. 1990, c. L.19, s. 6 (5).

Effect of default under Retail Sales Tax Act

(6) Despite any other provision of this Act, the Board shall not renew or transfer a licence to sell liquor or a licence to operate a brew on premise facility and no person is entitled to the renewal or transfer of either of those licences if the holder of the licence is in default of filing a return to the Minister of Finance or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act. 1998, c. 24, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (3) by striking out "Board" and substituting "Registrar". See: 2002, c. 18, Sched. E, ss. 7 (3), 11 (1).

Public notice of application

7. (1) Subject to subsection (2), the Board shall give notice of an application for a licence to sell liquor to the residents of the municipality in which the premises are located by giving notice,

(a) in the prescribed manner in a newspaper having general circulation in the municipality; and

(b) in any other manner approved by the Board. R.S.O. 1990, c. L.19, s. 7 (1); 1998, c. 18, Sched. E, s. 168 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (6) and the following substituted:

Public notice of application

(1) Subject to subsection (2), the Registrar shall give notice of an application for a licence to sell liquor to the residents of the municipality in which the premises are located by giving notice,

(a) in the prescribed manner in a newspaper having general circulation in the municipality; and

(b) in any other manner that the Registrar considers desirable.

See: 2002, c. 18, Sched. E, ss. 7 (6), 11 (1).

Exception

(2) The Board is not required to give notice under subsection (1) if the applicant for the licence is disentitled under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1). R.S.O. 1990, c. L.19, s. 7 (2); 1998, c. 18, Sched. E, s. 168 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (3) by striking out "Board" and substituting "Registrar". See: 2002, c. 18, Sched. E, ss. 7 (3), 11 (1).

Submissions

(3) In a notice given under subsection (1), the Board shall request from the residents of the municipality written submissions as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of the residents.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (3) by striking out "Board" and substituting "Registrar". See: 2002, c. 18, Sched. E, ss. 7 (3), 11 (1).

Idem

(4) Written submissions concerning an application shall be made in the prescribed manner and within the prescribed time. R.S.O. 1990, c. L.19, s. 7 (3, 4).

Member to consider application

8. (1) A member of the Board shall consider an application for a licence to sell liquor. R.S.O. 1990, c. L.19, s. 8 (1).

No objections

(2) If, after giving notice of an application under subsection 7 (1), the Board receives no written objections to the application from the residents of the municipality within the time for making submissions, the member may,

(a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); or

(b) direct that a proposal to review the application be issued. R.S.O. 1990, c. L.19, s. 8 (2); 1998, c. 18, Sched. E, s. 169 (1).

Conditions on consent

(3) A member who approves an application under clause (2) (a) may specify any conditions consented to by the applicant that are to be attached to the licence. R.S.O. 1990, c. L.19, s. 8 (3).

Objections

(4) If, after giving notice of an application under subsection 7 (1), the Board receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the member shall consider the objections and may,

(a) call a public meeting;

(b) direct that a proposal to review the application be issued; or

(i) the member is of the opinion that the objections are frivolous or vexatious, and

(ii) the applicant is not otherwise disentitled under the Act. 1998, c. 18, Sched. E, s. 169 (2).

No notice

(5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1), the member shall direct that a proposal to review the application be issued. R.S.O. 1990, c. L.19, s. 8 (5); 1998, c. 18, Sched. E, s. 169 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (7) and the following substituted:

Registrar to consider application

8. (1) The Registrar shall consider an application for a licence to sell liquor.

No objections

(2) If, after giving notice of an application under subsection 7 (1), the Registrar receives no written objections to the application from the residents of the municipality within the time for making submissions, the Registrar may,

(a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); or

(b) issue a proposal to review the application.

Conditions on consent

(3) Where the Registrar approves an application under clause (2) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.

Objections

(4) If, after giving notice of an application under subsection 7 (1), the Registrar receives one or more written objections to the application from the residents of the municipality within the time for making submissions, the Registrar shall consider the objections and may,

(a) call a public meeting;

(b) issue a proposal to review the application; or

(i) the Board is of the opinion that the objections are frivolous or vexatious, and

(ii) the applicant is not otherwise disentitled under this Act.

No notice

(5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1), the Registrar shall issue a proposal to review the application.

See: 2002, c. 18, Sched. E, ss. 7 (7), 11 (1).

Public meeting

9. (1) If a public meeting is called under clause 8 (4) (a), the Board shall give notice in the prescribed manner of a time and place for the meeting.

Member to conduct meeting

(2) A member of the Board shall conduct the public meeting.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "de la Commission" and substituting "du conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Representations by residents

(3) The member shall receive representations from the residents of the municipality in which the premises are located as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of the residents.

Idem

(4) The member shall consider the representations of the residents in determining whether to approve the application. R.S.O. 1990, c. L.19, s. 9 (1-4).

Member to consider application

(5) After the meeting has been held, the member shall consider the application and may,

(a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1); or

(b) direct that a proposal to review the application be issued. R.S.O. 1990, c. L.19, s. 9 (5); 1998, c. 18, Sched. E, s. 170.

Conditions on consent

(6) A member who approves an application under clause (5) (a) may specify any conditions consented to by the applicant that are to be attached to the licence. R.S.O. 1990, c. L.19, s. 9 (6).

Licence to deliver

10. (1) A person may apply to the Board for a licence to deliver liquor.

Requirements

(2) Subject to subsection (5), an applicant for a licence to deliver liquor is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clauses 6 (2) (a) to (g).

Member to consider application

(3) An application for a licence shall be considered by a member of the Board and the member may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) direct that a proposal be issued to refuse to issue the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (8) and the following substituted:

Registrar to consider application

(3) An application for a licence shall be considered by the Registrar, and the Registrar may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) issue a proposal to refuse to issue the licence.

See: 2002, c. 18, Sched. E, ss. 7 (8), 11 (1).

Conditions on consent

(4) A member who approves an application for a licence under clause (3) (a) may specify any conditions consented to by the applicant that are to be attached to the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (8) and the following substituted:

Conditions on consent

(4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.

See: 2002, c. 18, Sched. E, ss. 7 (8), 11 (1).

Prohibition

(5) A licence to deliver liquor shall not be issued,

(a) to a person who is under agreement with any person to sell or deliver the liquor of any manufacturer;

(b) to a manufacturer or to a person who is so associated or connected therewith or financially interested therein as to be likely to promote the sale or delivery of liquor of that manufacturer; or

(c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale or delivery of liquor of any manufacturer. R.S.O. 1990, c. L.19, s. 10.

Licence to represent manufacturer

11. (1) No person shall directly or indirectly act as or purport to be an agent or representative of a manufacturer in respect of the sale of liquor or canvass for, receive, take or solicit an order for the sale of liquor by a manufacturer unless the person is the holder of a licence to represent that manufacturer.

Applying for licence

(2) A person may apply to the Board for a licence to represent a manufacturer.

Requirements

(3) An applicant for a licence to represent a manufacturer is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clause 6 (2) (d), (e) or (f).

Member or employee to consider application

(4) An application for a licence shall be considered by a member or employee of the Board and the member or employee may,

(a) approve the application if the applicant is not disentitled under subsection (3); or

(b) direct that a proposal be issued to refuse to issue the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (9) and the following substituted:

Registrar to consider application

(4) An application for a licence shall be considered by the Registrar, and the Registrar may,

(a) approve the application if the applicant is not disentitled under subsection (3); or

(b) issue a proposal to refuse to issue the licence.

See: 2002, c. 18, Sched. E, ss. 7 (9), 11 (1).

Conditions on consent

(5) A member or employee who approves an application for a licence under clause (4) (a) may specify any conditions consented to by the applicant that are to be attached to the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (9) and the following substituted:

Conditions on consent

(5) Where the Registrar approves an application for a licence under clause (4) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.

See: 2002, c. 18, Sched. E, ss. 7 (9), 11 (1).

Not transferable

(6) A licence to represent a manufacturer is not transferable. R.S.O. 1990, c. L.19, s. 11.

Licence to operate brew on premise facility

11.1 (1) A person may apply to the Board for a licence to operate a brew on premise facility.

Requirements

(2) An applicant for a licence to operate a brew on premise facility is entitled to the issuance of the licence unless the applicant is disentitled for any ground under clause 6 (2) (a), (d), (e), (f) or (g).

Member or employee to consider application

(3) An application for a licence shall be considered by a member or employee of the Board and the member or employee may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) direct that a proposal be issued to refuse to issue the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (10) and the following substituted:

Registrar to consider application

(3) An application for a licence shall be considered by the Registrar, and the Registrar may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) issue a proposal to refuse to issue the licence.

See: 2002, c. 18, Sched. E, ss. 7 (10), 11 (1).

Conditions on consent

(4) A member or employee who approves an application for a licence under clause (3) (a) may specify any conditions consented to by the applicant that are to be attached to the licence. 1998, c. 24, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (10) and the following substituted:

Conditions on consent

(4) Where the Registrar approves an application for a licence under clause (3) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.

See: 2002, c. 18, Sched. E, ss. 7 (10), 11 (1).

Issuance of licence

12. (1) The Board shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a brew on premise facility to an applicant therefor whose application is approved by a member or employee of the Board or by the Board, who complies with this Act and the regulations and who pays the required fee. 1998, c. 24, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (11) and the following substituted:

Issuance of licence

(1) The Registrar shall issue a licence to sell liquor, a licence to deliver liquor, a licence to represent a manufacturer or a licence to operate a brew on premise facility to an applicant whose application is approved by the Registrar or by the Board, if the applicant complies with this Act and the regulations and pays the required fee.

See: 2002, c. 18, Sched. E, ss. 7 (11), 11 (1).

Conditions of licence

(2) A licence is subject to such conditions as may be consented to by the applicant or licensee, imposed by the Board or prescribed.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Limit on further applications

(3) If the issuance of a licence to sell liquor is refused on the ground under clause 6 (2) (h), no further application may be made for a licence for the same premises within two years after the date of the refusal.

Exception

(4) If a member of the Board is satisfied that there has been a significant change in the circumstances that pertained at the time the application was refused, the Board may permit a re-application within the two-year period referred to in subsection (3). R.S.O. 1990, c. L.19, s. 12 (2-4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (4) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" or "de la Commission" wherever they appear and substituting in each case "le conseil" or "du conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Continuance pending renewal

13. (1) If, within the time prescribed therefor or, if no time is prescribed, before expiry of a licence, the licensee has applied for renewal of the licence and paid the required fee, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) if the licensee is served with notice of a proposal to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired and, if a hearing is required, until the order has become final. R.S.O. 1990, c. L.19, s. 13; 1996, c. 26, s. 3 (5).

Exception, default under the Retail Sales Tax Act

(2) Subsection (1) does not apply in respect of a licence to sell liquor or to operate a brew on premise facility if the holder of the licence is in default of filing a return to the Minister of Finance or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act. 1998, c. 24, s. 6.

Imposition of new conditions on licence

14. (1) A member or employee of the Board may at any time review a licence and may,

(a) attach to the licence any further conditions consented to by the licensee; or

(b) direct that a proposal be issued to attach to the licence such further conditions as the member or employee considers proper to give effect to the purposes of this Act.

Removal of conditions

(2) A member or employee of the Board may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition, if there is a change in circumstances.

Idem

(3) A member or employee of the Board who, upon considering an application for removal of a condition, decides not to remove the condition shall direct that a proposal be issued to refuse to remove the condition. R.S.O. 1990, c. L.19, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 14 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (12) and the following substituted:

Conditions on licence

14. (1) The Registrar may at any time review a licence and may,

(a) attach to the licence any further conditions consented to by the licensee; or

(b) issue a proposal to attach to the licence any further conditions that the Registrar considers proper to give effect to the purposes of this Act.

Removal of conditions

(2) A member of the Board may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition, if there is a change in circumstances.

Same

(3) If the member, on considering an application for the removal of a condition, decides not to remove the condition, the member shall direct that a proposal be issued to refuse to remove the condition.

See: 2002, c. 18, Sched. E, ss. 7 (12), 11 (1).

Revocation, suspension or refusal to renew licence to sell liquor

15. (1) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence. R.S.O. 1990, c. L.19, s. 15 (1); 1998, c. 18, Sched. E, s. 171.

Revocation, suspension re Ontario Lottery Corporation Act

(1.1) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to sell liquor where the licensee or a person acting on the licensee's behalf contravenes or is convicted of contravening subsection 8.1 (2) of the Ontario Lottery Corporation Act.

No gaming on licensed premises after suspension

(1.2) Where a licence to sell liquor is suspended under subsection (1.1), the licensee whose license has been suspended shall not permit gaming to take place on the licensed premises during the period of the suspension. 1996, c. 26, s. 3 (6).

Idem, licence to deliver liquor

(2) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to deliver liquor or refuse to renew such a licence for any ground under clauses 6 (2) (a) to (g) or subsection 10 (5) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Idem, licence to represent manufacturer

(3) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to represent a manufacturer or refuse to renew such a licence for any ground under clause 6 (2) (d), (e) or (f) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Idem, manufacturer's licence

(4) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a manufacturer's licence or refuse to renew such a licence for any ground under clause 6 (2) (d), (e), (f) or (g) or if the licensee has contravened this Act, the regulations or a condition of the licence. R.S.O. 1990, c. L.19, s. 15 (2-4).

Idem, licence to operate brew on premise facility

(4.1) A member or employee of the Board may direct that a proposal be issued to revoke or suspend a licence to operate a brew on premise facility or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence. 1998, c. 24, s. 7.

Interim suspension of licence

(5) If a proposal is issued to revoke or suspend a licence, the Board may by order suspend the licence prior to a hearing if two members of the Board consider it to be necessary in the public interest.

Idem

(6) An order to suspend a licence under subsection (5) takes effect immediately and, if a hearing is required, expires fifteen days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Board may extend the time of expiration until the hearing is concluded. R.S.O. 1990, c. L.19, s. 15 (5, 6).

Limit on further applications

(6.1) If the Board revokes a licence to sell liquor for the ground under clause 6 (2) (h), the Board may order, upon notice to the owner of the property at which the licensed premises is located, that no application for a licence may be made by any person in respect of the same premises within such period of time after the date of the revocation as the Board may specify (up to a maximum of two years) where, in the opinion of the Board, it is necessary to do so in the public interest.

Notice requiring hearing

(6.2) A notice under subsection (6.1) shall inform the owner of the property that the owner is entitled to a hearing by the Board if the owner mails or delivers to the Board, within 15 days after the notice is served on the owner, notice in writing requiring a hearing, and the owner may so require such a hearing.

Exception

(6.3) If a member of the Board is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Board may permit an application for a licence to sell liquor within the period specified by the Board under subsection (6.1). 1996, c. 26, s. 3 (6).

Voluntary cancellation

(7) The Board may cancel a licence upon the request in writing of the licensee and the surrender of the licence by the licensee. R.S.O. 1990, c. L.19, s. 15 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (13) and the following substituted:

Revocation, suspension or refusal to renew licence

15. (1) The Registrar may issue a proposal to revoke or suspend a licence to sell liquor or refuse to renew such a licence for any ground under subsection 6 (2), (4) or (4.1) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Same, licence to deliver liquor

(2) The Registrar may issue a proposal to revoke or suspend a licence to deliver liquor or refuse to renew such a licence for any ground under clauses 6 (2) (a) to (g) or subsection 10 (5) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Same, licence to represent manufacturer

(3) The Registrar may issue a proposal to revoke or suspend a licence to represent a manufacturer or refuse to renew such a licence for any ground under clause 6 (2) (d), (e) or (f) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Same, manufacturer's licence

(4) The Registrar may issue a proposal to revoke or suspend a manufacturer's licence or refuse to renew such a licence for any ground under clause 6 (2) (d), (e), (f) or (g) or if the licensee has contravened this Act, the regulations or a condition of the licence.

Same, licence to operate brew on premise facility

(5) The Registrar may issue a proposal to revoke or suspend a licence to operate a brew on premise facility or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g) that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Interim suspension of licence

(6) If a proposal is issued to revoke or suspend a licence, the Board may by order suspend the licence prior to a hearing if two members of the Board consider it to be necessary in the public interest.

Same

(7) An order to suspend a licence under subsection (6) takes effect immediately and, if a hearing is required, expires 15 days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Board may extend the time of expiration until the hearing is concluded.

Limit on further applications

(8) If the Board revokes a licence to sell liquor for the ground under clause 6 (2) (h), the Board may order, upon notice to the owner of the property at which the licensed premises is located, that no application for a licence may be made by any person in respect of the same premises within such period of time after the date of the revocation as the Board may specify, up to a maximum of two years, where, in the opinion of the Board, it is necessary to do so in the public interest.

Notice requiring hearing

(9) A notice under subsection (8) shall inform the owner of the property that the owner is entitled to a hearing by the Board if the owner mails or delivers to the Board, within 15 days after the notice is served on the owner, notice in writing requiring a hearing, and the owner may so require such a hearing.

Exception

(10) If the Board is satisfied that there has been a significant change in the circumstances in respect of the premises since the licence was revoked, the Board may permit an application for a licence to sell liquor within the period specified by the Board under subsection (8).

Voluntary cancellation

(11) The Registrar may cancel a licence upon the request in writing of the licensee and the surrender of the licence by the licensee.

See: 2002, c. 18, Sched. E, ss. 7 (13), 11 (1).

Change of ownership of business

16. (1) Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence, no person shall keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a brew on premise facility under the authority of the licence unless the licence is transferred by the Board in accordance with this Act and the regulations.

Change of ownership of corporate licensee

(2) Except as permitted by the regulations, if there is a prescribed change of ownership of a licensee that is a corporation, the licensee shall not keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a brew on premise facility under the authority of the licensee's licence unless the licence is transferred by the Board in accordance with this Act and the regulations. 1998, c. 24, s. 8.

Transfer of licence

17. (1) A person may apply to the Board for the transfer of a licence to sell liquor, a licence to deliver liquor or a licence to operate a brew on premise facility unless a proposal to revoke or suspend the licence has been issued. 2000, c. 26, Sched. B, s. 13.

Requirements, licence to sell liquor

(2) An applicant for the transfer of a licence to sell liquor is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (a) to (g) or subsection 6 (4) or (4.1). R.S.O. 1990, c. L.19, s. 17 (2); 1998, c. 18, Sched. E, s. 172.

Same, licence to operate brew on premise facility

(2.1) An applicant for the transfer of a licence to operate a brew on premise facility is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clause 6 (2) (a), (d), (e), (f) or (g). 1998, c. 24, s. 9 (2).

Idem, licence to deliver liquor

(3) An applicant for the transfer of a licence to deliver liquor is entitled to the transfer except if the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (a) to (g) or subsection 10 (5). R.S.O. 1990, c. L.19, s. 17 (3).

Member to consider application

(4) An application for a transfer of a licence shall be considered by a member of the Board and the member may,

(a) approve the application if the applicant is not disentitled under subsection (2) or (3); or

(b) direct that a proposal be issued to refuse to transfer the licence. R.S.O. 1990, c. L.19, s. 17 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (14) and the following substituted:

Registrar to consider application

(4) An application for a transfer of a licence shall be considered by the Registrar, and the Registrar may,

(a) approve the application if the applicant is not disentitled under subsection (2) or (3); or

(b) issue a proposal to refuse to transfer the licence.

See: 2002, c. 18, Sched. E, ss. 7 (14), 11 (1).

Conditions on consent

(5) A member of the Board who approves an application under clause (4) (a) may specify any conditions consented to by the applicant that are to be attached to the licence. R.S.O. 1990, c. L.19, s. 17 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (14) and the following substituted:

Conditions on consent

(5) Where the Registrar approves an application under clause (4) (a), the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence.

See: 2002, c. 18, Sched. E, ss. 7 (14), 11 (1).

Transfer

(6) The Board shall transfer a licence to an applicant whose application is approved by a member of the Board or by the Board, who complies with this Act and the regulations and who pays the required fee. R.S.O. 1990, c. L.19, s. 17 (6); 1996, c. 26, s. 3 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (14) and the following substituted:

Transfer

(6) The Registrar shall transfer a licence to an applicant whose application is approved by the Registrar or the Board, if the applicant complies with this Act and the regulations and pays the required fee.

See: 2002, c. 18, Sched. E, ss. 7 (14), 11 (1).

Conditions of licence

(7) A licence transferred under this section is subject to such conditions as may be consented to by the applicant, imposed by the Board or prescribed. R.S.O. 1990, c. L.19, s. 17 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (7) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Temporary transfer

18. (1) The Board, in accordance with the regulations, may transfer a licence to sell liquor and a licence to operate a brew on premise facility for a period of not more than one year to permit the orderly disposition of the business carried on under the licence. 1998, c. 24, s. 10.

Idem

(2) Subsection 17 (2) does not apply to a temporary transfer under this section. R.S.O. 1990, c. L.19, s. 18 (2).

Special occasion permit

19. (1) A person may apply to the Board for a permit authorizing the holder thereof to sell or serve liquor on a prescribed special occasion. R.S.O. 1990, c. L.19, s. 19 (1).

Requirements

(2) An applicant for a permit for a special occasion is entitled to be issued the permit except if,

(a) the applicant would not be entitled to the issuance of a licence to sell liquor for any ground under clauses 6 (2) (d) to (g) or subsection 6 (4) or (4.1); or

(b) the premises for which the permit is applied are disqualified under section 20. R.S.O. 1990, c. L.19, s. 19 (2); 1998, c. 18, Sched. E, s. 173.

Definition

(3) In this section,

"authorized person" means a person within a class of persons designated by the regulations.

Person to consider application

(4) An application for a permit shall be considered by a member of the Board or an authorized person and the member or authorized person may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) direct that a proposal be issued to refuse to issue the permit.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (15) and the following substituted:

Consideration of application

(4) An application for a permit shall be considered by the Registrar or an authorized person, and the Registrar or authorized person may,

(a) approve the application if the applicant is not disentitled under subsection (2); or

(b) issue a proposal to refuse to issue the permit.

See: 2002, c. 18, Sched. E, ss. 7 (15), 11 (1).

Conditions on consent

(5) A member or authorized person who approves an application for a permit may specify any conditions consented to by the applicant that are to be attached to the permit. R.S.O. 1990, c. L.19, s. 19 (3-5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (15) and the following substituted:

Conditions on consent

(5) Where the Registrar or an authorized person approves an application for a permit, the Registrar or authorized person may specify any conditions consented to by the applicant that are to be attached to the permit.

See: 2002, c. 18, Sched. E, ss. 7 (15), 11 (1).

Issuance of permit

(6) The Board shall issue a permit to an applicant therefor whose application is approved by a member of the Board or an authorized person or by the Board, who complies with this Act and the regulations and who pays the required fee. R.S.O. 1990, c. L.19, s. 19 (6); 1996, c. 26, s. 3 (8).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (6) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (15) and the following substituted:

Issuance of permit

(6) The Registrar shall issue a permit to an applicant whose application is approved by the Registrar, an authorized person or the Board, if the applicant complies with this Act and the regulations and pays the required fee.

See: 2002, c. 18, Sched. E, ss. 7 (15), 11 (1).

Conditions of permit

(7) A permit is subject to such conditions as may be consented to by the applicant or permit holder, imposed by the Board or prescribed.

Imposition of new conditions on permit

(8) A member or employee of the Board may at any time review a permit and may,

(a) attach to the permit any further conditions consented to by the permit holder; or

(b) direct that a proposal be issued to attach to the permit such further conditions as the member or employee considers proper to give effect to the purposes of this Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (8) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (16) and the following substituted:

Imposition of new conditions on permit

(8) The Registrar may at any time review a permit and may,

(a) attach to the permit any further conditions consented to by the permit holder; or

(b) issue a proposal to attach to the permit any further conditions that the Registrar considers proper to give effect to the purposes of this Act.

See: 2002, c. 18, Sched. E, ss. 7 (16), 11 (1).

Removal of conditions

(9) A member or employee of the Board may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition, if there is a change in circumstances.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (9) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (16) and the following substituted:

Removal of conditions

(9) A member of the Board may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition, if there is a change in circumstances.

See: 2002, c. 18, Sched. E, ss. 7 (16), 11 (1).

Idem

(10) A member or employee of the Board who, upon considering an application for removal of a condition, decides not to remove the condition shall direct that a proposal be issued to refuse to remove the condition.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (10) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (16) and the following substituted:

Same

(10) If the member of the Board, upon considering an application for removal of a condition, decides not to remove the condition, the member shall direct that a proposal be issued to refuse to remove the condition.

See: 2002, c. 18, Sched. E, ss. 7 (16), 11 (1).

Revocation of permit

(11) A member or employee of the Board may direct that a proposal be issued to revoke a permit for any ground that would disentitle the holder to a permit if the holder were an applicant under subsection (2) or if the holder has contravened this Act, the regulations or a condition of the permit.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (11) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (16) and the following substituted:

Revocation of permit

(11) The Registrar may issue a proposal to revoke a permit for any ground that would disentitle the holder to a permit if the holder were an applicant under subsection (2), or if the holder has contravened this Act, the regulations or a condition of the permit.

See: 2002, c. 18, Sched. E, ss. 7 (16), 11 (1).

Immediate revocation of permit

(12) If a proposal is issued to revoke a permit, the Board may by order revoke the permit prior to a hearing if two members of the Board,

(a) consider it to be necessary in the public interest;

(b) are satisfied that false information has been furnished in an application for the permit;

(d) determine that the premises for which the permit is issued are disqualified under section 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (12) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Idem

(13) An order to revoke a permit under subsection (12) takes effect immediately. R.S.O. 1990, c. L.19, s. 19 (7-13).

Same

(14) A police officer or a person designated under subsection 43 (1) may, by giving a notice of revocation in accordance with subsection (15), revoke a special occasion permit issued for an event while the event is under way if he or she reasonably believes that this Act or a prescribed provision of the regulations is being contravened in connection with the event.

Same

(15) The notice of revocation may be given orally or in writing to the permit holder or to a person designated under the regulations by the permit holder to attend the event in the permit holder's place.

Same

(16) A notice of revocation under subsection (14) takes effect immediately. 1994, c. 37, s. 13.

Disqualification of premises

20. (1) A member or employee of the Board may direct that a proposal be issued to disqualify premises for purposes of issuing permits under section 19 on the grounds of a contravention of the law that has occurred at a previous event held on the premises.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (17) and the following substituted:

Disqualification of premises

(1) The Registrar may issue a proposal to disqualify premises for purposes of issuing permits under section 19 on the grounds of a contravention of the law that has occurred at a previous event held on the premises.

See: 2002, c. 18, Sched. E, ss. 7 (17), 11 (1).

Interim disqualification of premises

(2) If a proposal is issued to disqualify premises, the Board may by order disqualify the premises prior to a hearing, if two members of the Board consider it to be necessary in the public interest.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Idem

(3) An order to disqualify premises under subsection (2) takes effect immediately and, if a hearing is required, expires fifteen days after the date of the notice requiring the hearing unless the hearing is commenced, in which case the Board may extend the time of expiration until the hearing is concluded. R.S.O. 1990, c. L.19, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (3) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Exception

(4) If a member of the Board is satisfied that there has been a significant change in the circumstances on which the board based an order disqualifying the premises under subsection (2), the Board may rescind the order for the purpose of issuing a permit under section 19. 1998, c. 18, Sched. E, s. 174.

Refusal of special occasion permit or caterer's endorsement

Definitions

20.1 (1) In this section,

"caterer's endorsement" means an endorsement to a licence to sell liquor, made under the regulations, authorizing an applicant to sell and serve liquor for an event held on premises other than premises to which the licence applies; ("avenant relatif au traiteur")

"special occasion permit" means a permit issued under section 19. ("permis de circonstance")

Restriction

(2) The Board shall not grant a special occasion permit or a caterer's endorsement with respect to a premises if,

(a) the Board has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years;

(b) the Board has revoked or suspended the licence to sell liquor on the premises and the revocation or suspension is still in effect; or

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (18) and the following substituted:

Restriction

(2) The Registrar shall not grant a special occasion permit or a caterer's endorsement with respect to a premises if,

(a) the Registrar or Board has refused an application for a licence to sell liquor on the premises on the ground described in clause 6 (2) (h) within the past two years;

(b) the Registrar or Board has revoked or suspended the licence to sell liquor on the premises, and the revocation or suspension is still in effect; or

See: 2002, c. 18, Sched. E, ss. 7 (18), 11 (1).

Saving

(3) Despite clause (2) (a), the Board may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer's endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Board refused to issue a licence on the basis of clause 6 (2) (h). 1999, c. 12, Sched. F, s. 29.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (18) and the following substituted:

Saving

(3) Despite clause (2) (a), the Board may authorize the sale or service of liquor at a premises under a special occasion permit or a caterer's endorsement if it is satisfied that a significant change in circumstances has occurred since the time the Board or Registrar refused to issue a licence on the basis of clause 6 (2) (h).

See: 2002, c. 18, Sched. E, ss. 7 (18), 11 (1).

Notice of proposal

21. (1) If a member or employee of the Board directs that a proposal be issued with respect to any of the following matters, the Board shall serve notice of the proposal together with written reasons therefor on the applicant or licensee:

1. Review an application for a licence to sell liquor.

2. Refuse to issue a licence to deliver liquor or a licence to represent a manufacturer.

2.1 Refuse to issue a licence to operate a brew on premise facility.

3. Refuse to renew a licence.

4. Refuse to transfer a licence, other than a manufacturer's licence.

5. Suspend or revoke a licence.

6. Attach a condition to a licence.

7. Refuse to remove a condition of a licence. R.S.O. 1990, c. L.19, s. 21 (1); 1998, c. 24, s. 11.

Idem

(2) If a member or employee of the Board or an authorized person under section 19 directs that a proposal be issued with respect to any of the following matters, the Board shall serve notice of the proposal together with written reasons therefor on the applicant or permit holder:

1. Refusing to issue a permit.

2. Revoking a permit.

3. Attaching a condition to a permit.

4. Refusing to remove a condition of a permit.

Idem

(3) If a member or employee of the Board directs that a proposal be issued to disqualify premises under section 20, the Board shall serve notice of the proposal together with written reasons therefor on the owner of the premises.

Notice requiring hearing

(4) A notice of a proposal shall inform the applicant, licensee, permit holder or owner that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within fifteen days after the notice is served on the person, notice in writing requiring a hearing by the Board, and the person may so require such a hearing.

No hearing

(5) If a person to whom a notice is sent under this section does not require a hearing by the Board, the Board may,

(a) in the case of a notice of a proposal to review an application for a licence to sell liquor, refuse to issue the licence; or

(b) in any case other than that referred to in clause (a), carry out the proposal stated in the notice. R.S.O. 1990, c. L.19, s. 21 (2-5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (19) and the following substituted:

Notice of proposal

21. (1) If the Registrar issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or licensee:

1. Review an application for a licence to sell liquor.

2. Refuse to issue a licence to deliver liquor or a licence to represent a manufacturer.

3. Refuse to issue a licence to operate a brew on premise facility.

4. Refuse to renew a licence.

5. Refuse to transfer a licence, other than a manufacturer's licence.

6. Suspend or revoke a licence.

7. Attach a condition to a licence.

8. Refuse to remove a condition of a licence.

Same

(2) If the Registrar or an authorized person under section 19 issues a proposal with respect to any of the following matters, the Registrar shall serve notice of the proposal together with written reasons on the applicant or permit holder:

1. Refusing to issue a permit.

2. Revoking a permit.

3. Attaching a condition to a permit.

4. Refusing to remove a condition of a permit.

Same

(3) If the Registrar issues a proposal to disqualify premises under section 20, the Registrar shall serve notice of the proposal together with written reasons on the owner of the premises.

Notice requiring hearing

(4) A notice of a proposal shall inform the applicant, licensee, permit holder or owner that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within 15 days after the notice is served on the person, notice in writing requiring a hearing by the Board, and the person may so require such a hearing.

No hearing

(5) If a person to whom a notice is sent under this section does not require a hearing by the Board, the Registrar may,

(a) in the case of a notice of a proposal to review an application for a licence to sell liquor, refuse to issue the licence; or

(b) in any case other than that referred to in clause (a), carry out the proposal stated in the notice.

See: 2002, c. 18, Sched. E, ss. 7 (19), 11 (1).

Manufacturer's licence to sell to L.C.B.O.

22. (1) A manufacturer of spirits, beer or Ontario wine may apply to the Board for a licence to sell the spirits, beer or Ontario wine to the Liquor Control Board of Ontario under the Liquor Control Act.

Issuance

(2) The Board may issue a manufacturer's licence to an applicant under this section.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (2) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "La Commission" and substituting "Le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Conditions

(3) A manufacturer's licence is subject to such conditions as may be imposed by the Board or prescribed.

Transfer

(4) The Board, in accordance with the regulations, may transfer a manufacturer's licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (4) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "La Commission" and substituting "Le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Decision final

(5) The Board's decision to issue or transfer or to refuse to issue or transfer a manufacturer's licence is final. R.S.O. 1990, c. L.19, s. 22 (1-5).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (5) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "de la Commission" and substituting "du conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

(6) Repealed: 1996, c. 26, s. 3 (9).

Hearings

Hearing

23. (1) Repealed: 1996, c. 26, s. 3 (10).

(2) Repealed: 1994, c. 27, s. 88 (1).

(3) Repealed: 1996, c. 26, s. 3 (11).

(4) Repealed: 1996, c. 26, s. 3 (11).

Notice

(5) The Board shall fix a time and place for the hearing of the matter and shall at least ten days before the day fixed cause notice of the hearing to be served upon the person who has required the hearing. R.S.O. 1990, c. L.19, s. 23 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (5) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "La Commission" and substituting "Le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

(6) Repealed: 1996, c. 26, s. 3 (11).

(7) repealed: 1996, c. 26, s. 3 (11).

(8) Repealed: 1996, c. 26, s. 3 (11).

(9) Repealed: 1994, c. 27, s. 88 (2).

Powers

(10) Following a hearing to consider a proposal to review an application for a licence to sell liquor, the Board may approve the application or may refuse to issue the licence.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (10) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Idem

(11) Following a hearing to consider any other proposal referred to in subsection 21 (1), (2) or (3), the Board may decline to carry out the proposal or may carry out the proposal, in whole or in part, and with any changes that the Board considers appropriate, and the Board may approve an application to which the proposal relates.

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection (11) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "la Commission" and substituting "le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

Conditions

(12) Following a hearing, the Board may attach to a licence or permit any condition that the Board considers proper to give effect to the purposes of this Act. R.S.O. 1990, c. L.19, s. 23 (10-12).

(13) Repealed: 1996, c. 26, s. 3 (11).

(14) Repealed: 1996, c. 26, s. 3 (11).

(15) Repealed: 1996, c. 26, s. 3 (11).

Reviewing decision or order

24. The Board shall not review a decision or order refusing the issuance of a licence to sell liquor or revoking, suspending or refusing to renew such a licence if the decision or order is based on the ground under clause 6 (2) (h). 1996, c. 26, s. 3 (12).

Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of section 24 is amended by the Statutes of Ontario, 2002, chapter 18, Schedule E, subsection 7 (4) by striking out "La Commission" and substituting "Le conseil", and by making the necessary grammatical changes. See: 2002, c. 18, Sched. E, ss. 7 (4), 11 (1).

25. Repealed: 1996, c. 26, s. 3 (13).

26. Repealed: 1996, c. 26, s. 3 (13).

Responsible Use

Unlawful purchase

27. No person shall purchase liquor except from a government store or from a person authorized by licence or permit to sell liquor. R.S.O. 1990, c. L.19, s. 27.

Unlawful gift

28. No manufacturer or employee, agent or licensed representative of a manufacturer shall give any liquor to any person, except as permitted by the regulations. R.S.O. 1990, c. L.19, s. 28.

Sale to intoxicated person

29. No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated. R.S.O. 1990, c. L.19, s. 29.

Rules, persons under 19

30. (1) No person shall knowingly sell or supply liquor to a person under nineteen years of age.

Idem

(2) No person shall sell or supply liquor to a person who appears to be under nineteen years of age.

Permitting possession or consumption

(3) No licensee or employee or agent of a licensee shall knowingly permit a person under nineteen years of age to have or consume liquor in the licensee's licensed premises.

Idem

(4) No licensee or employee or agent of a licensee shall permit a person who appears to be under nineteen years of age to have or consume liquor in the licensee's licensed premises. R.S.O. 1990, c. L.19, s. 30 (1-4).

Person under 19, use of brew on premise facility

(4.1) No licensee of a brew on premise facility or employee or agent of such a licensee shall,

(a) knowingly permit a person under 19 years of age to use the facility for the making of beer or wine;

(b) permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine. 1998, c. 24, s. 12 (1).

Exception to subss. (3) and (4)

(5) Subsections (3) and (4) do not prohibit a licensee or employee or agent of a licensee from permitting a person eighteen years of age to be in possession of liquor during the course of the person's employment on the licensee's licensed premises. R.S.O. 1990, c. L.19, s. 30 (5).

Reliance on documentation

(6) A person who sells or supplies liquor to another person, permits another person to have or consume liquor in licensed premises or permits a person to use a brew on premise facility to make beer or wine on the basis of documentation of a prescribed type is not in contravention of subsection (2), (4) or (4.1) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the person producing it.

Court may determine apparent age

(7) In a prosecution for a contravention of subsection (2), (4) or (4.1), the court may determine, from the appearance of the person and from other relevant circumstances, whether a person to whom liquor was served or supplied, a person who was permitted to have or consume liquor or a person who was permitted to use a brew on premise facility to make beer or wine appears to be under 19 years of age. 1998, c. 24, s. 12 (2).

Possession or consumption

(8) No person under nineteen years of age shall have, consume, attempt to purchase, purchase or otherwise obtain liquor.

Exception to subs. (8)

(9) Subsection (8) does not prohibit a person eighteen years of age from being in possession of liquor during the course of the person's employment on premises in which the sale of liquor is authorized.

Entering premises

(10) No person under nineteen years of age shall enter or remain on premises in which the sale of liquor is authorized if the person knows that a condition of the licence or permit for the premises prohibits the entry of persons under nineteen years of age.

Exception to subs. (10)

(11) Subsection (10) does not apply to a person eighteen years of age who is employed on premises in which the sale of liquor is authorized while the person is on the premises during the course of his or her employment.

Improper documentation

(12) No person shall present as evidence of his or her age any documentation other than documentation that was lawfully issued to him or her.

Supply by parent

(13) This section does not apply,

(a) to the supplying of liquor to a person under nineteen years of age in a residence as defined in section 31 or in a private place as defined in the regulations by a parent of the person or a person having lawful custody of the person; or

(b) to the consumption of liquor by a person who is supplied liquor in a manner described in clause (a), if the liquor is consumed at the place where it is supplied. R.S.O. 1990, c. L.19, s. 30 (8-13).

Unlawful possession or consumption

Definition

31. (1) In this section,

"residence" means a place that is actually occupied and used as a dwelling, whether or not in common with other persons, including all premises used in conjunction with the place to which the general public is not invited or permitted access, and, if the place occupied and used as a dwelling is a tent, includes the land immediately adjacent to and used in conjunction with the tent.

Unlawful possession or consumption

(2) No person shall have or consume liquor in any place other than,

(a) a residence;

(b) premises in respect of which a licence or permit is issued; or

Exception

(3) Subsection (2) does not apply to the possession of liquor that is in a closed container. R.S.O. 1990, c. L.19, s. 31 (1-3).

Same

(3.1) Despite clause (2) (b), no person shall consume beer or wine in a licensed brew on premise facility except as permitted by the regulations. 1998, c. 24, s. 13.

Intoxication

(4) No person shall be in an intoxicated condition,

(a) in a place to which the general public is invited or permitted access; or

(b) in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

Arrest without warrant

(5) A police officer may arrest without warrant any person whom he or she finds contravening subsection (4) if, in the opinion of the police officer, to do so is necessary for the safety of any person. R.S.O. 1990, c. L.19, s. 31 (4, 5).

Conveying liquor in vehicle, boat

32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the High