Bill 22 - An Act to Amend the Liquor Control Act

BILL 22

An Act to Amend the Liquor Control Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

(a) by repealing the definitions “beverage room licence” and “beverage room licensee”;

(b) by adding the following definitions in alphabetical order:

“extended hours licence” means an extended hours licence issued under this Act and “extended hours licensee” means the person named in the subsisting extended hours licence as the licensee; (licence d’heures prolongées)

“UVin/UBrew establishment” means an establishment that provides services or equipment for the manufacturing of wine or beer; (établissement UVin/UBrew)

“UVin/UBrew licence” means a UVin/UBrew licence issued under this Act and “UVin/UBrew licensee” means the person named in the subsisting UVin/UBrew licence as the licensee; (licence UVin/UBrew)

2 Section 63 of the Act is amended

(a) by repealing paragraph (a);

(b) by adding after paragraph (f) the following:

(f.1) an extended hours licence;

(d) by adding after paragraph (l) the following:

(l.1) a UVin/UBrew licence; and

3 Section 64 of the Act is amended in the portion preceding paragraph (a) by striking out “(g) or (j)” and substituting “(g), (j) or (l.1)”.

4 Section 69 of the Act is amended

(a) in paragraph (1)(e)

(i) by repealing subparagraph (iii) and substituting the following:

(iii) the Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act, and

(ii) in subparagraph (iv) of the French version by striking out “Loi des aliments et drogues” and substituting “Loi sur les aliments et drogues”;

(b) by adding after subsection (1) the following:

69(1.01) A UVin/UBrew licence shall not be issued to a person who has been convicted within 5 years preceding the application for the licence of an offence under

(a) section 132,

(b) the Excise Act (Canada) or the Customs Act (Canada), with respect to liquor,

(c) the Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act, or

(d) the Food and Drugs Act (Canada), with respect to the trafficking in a controlled or restricted drug or possession for the purpose of trafficking in a controlled or restricted drug.

5 Subsection 70(1) of the Act is amended by striking out “A licensee” and substituting “A licensee, other than a UVin/UBrew licensee,”.

6 Subsection 72.1(1) of the Act is amended by striking out “paragraph 63(a), (b)” and substituting “paragraphs 63(b)”.

7 The Act is amended by adding after section 72.1 the following:

Condition of licence respecting Gaming Control Act

72.2(1) It is a condition of every licence issued under this Act that the licensee comply with section 33 of the Gaming Control Act within the premises in respect of which his or her licence has been issued.

72.2(2) The condition applies to every licence whether the licence was issued or renewed before or after the commencement of this section.

8 The Act is amended by adding after section 102 the following:

EXTENDED HOURS LICENCE

Issuance of extended hours licence

102.1 An extended hours licence may be issued if

(a) the applicant is a licensee who holds a licence of a class referred to in paragraph 63(b), (b.1), (c), (d), (e), (f), (g) or (h),

(b) the Minister is of the opinion that the premises in respect of which the extended hours licence relates is situated in an area in which an event of provincial, national or international significance is to take place, and

(c) the applicant provides the Minister with the written approval of the municipality in which the premises is situated or the written approval of the authority having jurisdiction over the area in which the premises is situated if the premises is not situated in a municipality.

Effect of extended hours licence

102.2 An extended hours licence authorizes the licensee to sell liquor that he or she is authorized to sell under his or her original licence during the hours of liquor service determined by the Minister under subsection 127(4), subject to all the requirements, terms and conditions imposed under this Act and the regulations on the extended hours licence and on the original licence.

Cancellation of extended hours licence

102.3 The extended hours licence shall be cancelled if the original licence is suspended or cancelled.

9 The Act is amended by adding after section 123 the following:

UVIN/UBREW LICENCE

Issuance of UVin/UBrew licence

123.1 A UVin/UBrew licence may be issued to the owner of a UVin/UBrew establishment.

Effect of UVin/UBrew licence

123.2 A UVin/UBrew licence authorizes the licensee to provide services or access to equipment to persons for the purpose of manufacturing wine or beer at the UVin/UBrew establishment for their own off-site consumption.

10 Section 124.2 of the Act is amended

(a) in subsection (1) by striking out “(1.1), (2)” and substituting “(1.1), (1.2), (2)”;

(b) by adding after subsection (1.1) the following:

124.2(1.2) The Adjudicator may cancel a licence referred to in subsection 72.2(1) or suspend the licence for a period the Adjudicator considers appropriate where, after a hearing in accordance with section 124.11, the Adjudicator is satisfied that the licensee has violated or failed to comply with subsection 72.2(1).

(i) in paragraph (a) by striking out “and” at the end of the paragraph;

(ii) by adding after paragraph (a) the following:

(a.1) cancel a UVin/UBrew licence if the UVin/UBrew licensee is convicted of a breach of any provision referred to in subsection 69(1.01), and

11 Section 124.31 of the Act is amended

(a) in subsection (1) by striking out “a licensee or permittee” and substituting “a licensee or permittee, other than a UVin/UBrew licensee,”;

(b) in subsection (2) by striking out “a brewer licensee” and substituting “a brewer licensee or a UVin/UBrew licensee”.

12 The Act is amended by adding after section 124.42 the following:

Cancellation or suspension of licence for conviction under Gaming Control Act

124.43(1) Despite any other provision of this Act, the Minister may, without a hearing and in accordance with the regulations, cancel a licence referred to in subsection 72.2(1) or suspend the licence for a period of time the Minister considers appropriate if the licensee has been convicted of an offence under section 33 of the Gaming Control Act that took place within the premises in respect of which the licence was issued.

124.43(2) A decision of the Minister under subsection (1) is final.

13 Section 127 of the Act is amended by adding after subsection (3) the following:

127(4) Despite subsection (2), the Minister may determine the hours of liquor service and tolerance periods for an extended hours licence.

127(5) The hours of liquor service and tolerance periods mentioned in subsection (4) may vary for different extended hours licensees.

127(6) The Regulations Act does not apply to a determination of the Minister under subsection (4).

14 Section 131.2 of the Act is amended in the portion preceding paragraph (a) by striking out “this Act” and substituting “this Act and the regulations”.

15 The Act is amended by adding after section 132 the following:

Respecting the provision of services and equipment

132.1 Except as provided by this Act or the regulations, no person shall provide services or access to equipment to persons for the purpose of manufacturing wine or beer at a UVin/UBrew establishment.

16 Subsection 142(1) of the Act is amended

(a) in paragraph (b) by striking out “or” at the end of the paragraph;

(b) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

(d) advertise the services provided by a UVin/UBrew licensee.

17 Subsection 200(1) of the Act is amended

(a) in paragraph (q.14) by striking out “section 124.42” and substituting “sections 124.42 and 124.43”;

(b) by adding after paragraph (r) the following:

(r.01) respecting and regulating the possession, storage, removal and consumption of wine and beer manufactured at a UVin/UBrew establishment;

(r.02) respecting the advertising of the services provided by a UVin/UBrew licensee;

(r.03) prescribing or prohibiting methods of manufacturing wine or beer at a UVin/UBrew establishment;

(r.04) prescribing or prohibiting practices in connection with the manufacturing of wine or beer at a UVin/UBrew establishment;

(r.05) respecting the roles of the UVin/UBrew licensee and the person manufacturing wine or beer at a UVin/UBrew establishment in regard to the manufacturing process;

(r.06) prescribing the hours of operation of UVin/UBrew establishments owned by UVin/UBrew licensees;

(r.07) prohibiting persons under 19 years of age from using the services or equipment for the manufacture of wine or beer at a UVin/UBrew establishment;

(r.08) prohibiting a UVin/UBrew licensee from employing persons under 19 years of age to provide services pertaining to the manufacture of wine or beer at the UVin/UBrew establishment or to use the equipment for the manufacture of wine or beer at the UVin/UBrew establishment;

(r.09) establishing provisions for the disposition of wine and beer manufactured at a UVin/UBrew establishment if the UVin/UBrew licence is terminated or has become forfeited, suspended, cancelled or void;

18 Schedule A of the Act is amended

(a) by adding after

132...............

the following:

132.1...............

(b) by adding after

142(1)(c)...............

the following:

142(1)(d)...............

COMMENCEMENT

19 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

Chapter Outline Update

Strike out subsections 69(1), (1.1), (1.2) and substitute the following:

Preliminaries to issuance of licence69(1), (1.01), (1.1), (1.2)

Strike out subsections 127(2),(3) and substitute the following:

Hours of liquor service and tolerance periods127(2), (3), (4), (5),(6)