O. Reg. 182/11: SPECIAL OCCASION PERMITS


Published: 2011-05-27

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ontario regulation 182/11

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 O. Reg. 389/91

(Special Occasion Permits)

1. Section 1 of Ontario Regulation 389/91 is revoked.

2. (1) Paragraph 1 of section 3 of the Regulation is revoked and the following substituted:

1. A private event for invited guests only that is conducted without the intention of gain or profit.

(2) Paragraphs 2 and 3 of section 3 of the Regulation are revoked and the following substituted:

2. A public event that is,

i. conducted by a charitable organization registered under the Income Tax Act (Canada) or by a non-profit association or organization for the advancement of charitable, educational, religious or community objects,

ii. an event of provincial, national or international significance, or

iii. an event designated by a municipal council as an event of municipal significance.

(3) Paragraphs 4 and 5 of section 3 of the Regulation are revoked and the following substituted:

4. An industry promotional event,

i. at which a manufacturer, a licensed representative of a manufacturer or the event organizer acting on behalf of a manufacturer or a licensed representative of a manufacturer may provide samples of liquor and take orders for liquor purchases, and

ii. that is conducted without the intention of gain or profit from the sale of liquor and is for the purpose of promoting a manufacturer’s products.

(4) Paragraph 6 of section 3 of the Regulation is revoked.

(5) Paragraph 7 of section 3 of the Regulation is revoked.

3. Subsection 3.1 (2) of the Regulation is revoked and the following substituted:

(2) The application shall be made to the Liquor Control Board of Ontario or to the Registrar.

4. (1) Clauses 4 (1) (a) and (b) of the Regulation are revoked and the following substituted:

(a) the applicant submits the application for the permit to the Registrar less than,

(i) 30 days before the date of the event, if the event is not a reception,

(ii) 10 days before the date of the event, if the event is a reception; and

(b) in the case of an event that is to take place outdoors, the applicant does not, by 30 days before the event is to take place, give written notice of the event to the clerk of the municipality and to the police, fire and health departments of the municipality in which the event is to take place and, if the event is to take place in an area under the control of the National Capital Commission, to the Chair of the Commission.

(2) Clause 4 (1) (a) of the Regulation is amended by striking out “reception” wherever that word appears and substituting in each case “private event”.

(3) Clause 4 (1) (b) of the Regulation is amended by striking out “by 30 days before the event is to take place” and substituting “by the time specified in subsection (1.1)”.

(4) Section 4 of the Regulation is amended by adding the following subsection:

(1.1) The time mentioned in clause (1) (b) is at least,

(a) 30 days before the event is to take place, if it is expected that fewer than 5,000 people will attend the event; or

(b) 60 days before the event is to take place, if it is expected that 5,000 people or more will attend the event.

(5) Section 4 of the Regulation is amended by adding the following subsections:

(3) Despite subsection (2), the Registrar may issue a permit for multiple day events if,

(a) each event is one of a series of events;

(b) the application for the permit is for all of the events;

(c) the nature, purpose, location and target audience of the each of the events are the same; and

(d) as a result of doing so, the permit holder is not operating an ongoing business or does not appear to be doing so.

(4) If the Registrar issues a permit for multiple day events, the permit holder may store liquor that is sold under the permit between days of the events if the permit holder,

(a) stores the liquor in a secure area that is not in a dwelling;

(b) ensures that the liquor is not commingled with liquor not sold under the permit;

(c) identifies the location where the liquor sold under the permit is to be stored and provides the Registrar with a list of persons with access to the location; and

(d) ensures that the liquor is made available to police officers and inspectors designated under section 43 of the Act for inspection on request.

5. (1) Section 7 of the Regulation is revoked and the following substituted:

Advertising Liquor and its Availability for Sale

7. (1) In this section,

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of liquor or of the consumption of liquor.

(2) Except for public service advertising, the permit holder may advertise or promote liquor or the availability of liquor only if the advertising,

(a) is consistent with the principle of depicting responsibility in use or service of liquor;

(b) promotes a general brand or type of liquor and not the consumption of liquor in general;

(c) does not imply that consumption of liquor is required in obtaining or enhancing,

(i) social, professional or personal success,

(ii) athletic prowess,

(iii) sexual prowess, opportunity or appeal,

(iv) enjoyment of any activity,

(v) fulfilment of any goal, or

(vi) resolution of social, physical or personal problems;

(d) does not appeal, either directly or indirectly, to persons under the legal drinking age or is not placed in media that are targeted specifically at people under that age;

(e) does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of physical danger;

(f) does not depict motorized vehicles in motion in advertising showing the consumption of liquor, unless the motorized vehicle is a form of public transportation;

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

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

(3) Despite subsection (2), a permit holder for a reception described in paragraph 1 of section 3 shall not advertise or promote liquor or the availability of liquor.

(2) Subsection 7 (3) of the Regulation is amended by striking out “reception” and substituting “public event”.

6. (1) Subsection 10 (1) of the Regulation is revoked and the following substituted:

(1) A permit holder shall not add tiered seating on the premises to which the permit applies without providing prior written notice to the Registrar.

(1.1) Premises with tiered seats intended for a viewing audience must not be used for the sale or service of liquor if the premises are for an event that is not a public event described in paragraph 2 of section 3.

(2) Subsection 10 (1.1) of the Regulation is revoked.

7. The Regulation is amended by adding the following section under the heading “Prohibited Methods and Practices Respecting the Serving of Liquor”:

12.2 A permit holder shall not supply liquor to any person except in accordance with the conditions of the permit.

8. (1) Subsection 17 (1) of the Regulation is amended by adding “except if the permit is for an industry promotional event” at the end.

(2) Subsection 17 (2) of the Regulation is revoked.

(3) Subsection 17 (3) of the Regulation is amended by striking out “clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990” and substituting “subparagraph 2 i of section 3”.

9. Section 21 of the Regulation is revoked.

10. Clauses 24 (2) (a), (b) and (c) of the Regulation are revoked and the following substituted:

(a) 11 a.m. on any day except for December 31 and 2 a.m. on the following day; and

(b) 11 a.m. on December 31 and 3 a.m. on the following day.

11. (1) Subsection 25 (1) of the Regulation is revoked and the following substituted:

(1) A permit holder may sell, keep for sale or serve only liquor that the permit holder has purchased from a government store.

(2) Subsection 25 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) Subsection (1) does not apply to liquor,

. . . . .

(3) Clause 25 (2) (b) of the Regulation is revoked and the following substituted:

(b) served at an event at which market research will be conducted or given by a manufacturer at an event described in subparagraph 2 i of section 3; or

(4) Subsection 25 (2) of the Regulation is revoked and the following substituted:

(2) Subsection (1) does not apply to liquor,

(a) served at an industry promotional event at which market research will be conducted or given by a manufacturer at an event described in subparagraph 2 i of section 3; or

(b) sold or served at an event held by a representative of a foreign government.

12. (1) Subsection 26 (1) of the Regulation is amended by adding “Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act” at the beginning.

(2) Section 26 of the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), the permit holder may permit patrons to bring sealed, unopened liquor purchased from a government store onto the premises if the liquor is intended for personal use elsewhere than on or adjacent to the premises.

(3) Subsection 26 (2) of the Regulation is amended by adding “Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licences to Sell Liquor) made under the Act” at the beginning.

(4) Subsection 26 (3) of the Regulation is amended by striking out “clause 3 (6) (b) of Regulation 720 of the Revised Regulations of Ontario, 1990” and substituting “subparagraph 2 i of section 3”.

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

(3) Subsection (2) does not apply to liquor given by a manufacturer for an event described in subparagraph 2 i of section 3.

(6) Section 26 of the Regulation is amended by adding the following subsection:

(4) Despite subsection (2), if a patron has brought sealed, unopened liquor purchased from a government store onto the premises in accordance with subsection (1.1) and the liquor has not been opened, the permit holder shall permit the patron to remove the liquor from the premises when the patron departs.

13. (1) Paragraph 5 of subsection 29 (5) of the Regulation is revoked and the following substituted:

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

(2) Subsection 29 (5) of the Regulation is amended by adding the following paragraphs:

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

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

14. Section 30 of the Regulation is revoked and the following substituted:

30. If an inspector designated under section 43 of the Act believes that any person in the premises to which a permit applies is less than 19 years of age, the inspector may require the permit holder or a person designated under section 36 of this Regulation to request evidence as to the age of the person in the premises.

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

32. A permit holder shall not permit drunkenness, unlawful gambling or riotous, quarrelsome, violent or disorderly conduct to occur on the premises to which the permit applies or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the permit holder.

16. Sections 33 and 34 of the Regulation are amended by adding “or shall keep it in a place where it is readily available for inspection” at the end in each case.

17. Subsections 36 (2) and (3) of the Regulation are revoked and the following substituted:

(2) If the permit holder designates a person to attend the event in the permit holder’s place, the permit holder and the designated person shall sign the permit and the permit holder shall keep it at the event and make it available to a police officer or to an inspector designated under section 43 of the Act upon request.

18. Section 37 of the Regulation is revoked.

19. Section 38 of the Regulation is revoked.

20. Subsection 39 (1) of the Regulation is amended by striking out “and food”.

21. Section 40 of the Regulation is amended by adding “or a single event of a multiple day event” after “48 hours after an event”.

22. Section 41 of the Regulation is revoked.

23. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of June 1, 2011 and the day it is filed.

(2) Subsections 4 (3) and (4) come into force on August 2, 2011.

(3) Section 1, subsections 2 (1), (3) and (5), section 3, subsections 4 (2) and (5), 5 (2), 6 (2), 8 (1) and (2), 11 (4) and 12 (5) and sections 19 and 21 come into force on July 1, 2012.