NLR 1162/96 - Liquor Licensing Regulations - Point in Time

Short title

1. These regulations may be cited as the Liquor Licensing Regulations.

396/78 s1

Definitions

2. In these regulations,

(a) "Act" means the Liquor Control Act;

(b) "brewer's agent licence" means a licence issued under paragraph 16(1)(b);

(d) "brewer's retail licence" means a licence issued under paragraph 16(1)(a);

(e) "corporation" means the Newfoundland and Labrador Liquor Corporation;

(f) "club" means a corporation, society or association of persons organized or carried on for purposes of a social, fraternal or athletic nature but not for pecuniary gain, and includes the premises occupied or used for any of those purposes;

(g) "hotel" means an establishment where temporary lodging is regularly provided to the public in consideration of payment;

(h) "institute" means a body corporate or organization instituted and organized for an educational, medical or similar purpose and includes the designated premises used for any of those purposes;

(i) "lounge" means a premises provided with the facilities and equipment prescribed in these regulations where, in consideration of payment, alcoholic liquor is served for consumption;

(j) "military mess" includes a canteen or an institute in a building or camp used

(i) for the accommodation of the active or reserve units of the naval, military or air forces of Canada or of NATO forces stationed at Canadian forces stations located in the province, or

(ii) by the Royal Canadian Mounted Police or the Royal Newfoundland Constabulary;

(k) "recreational facility" includes a facility that is, in the opinion of the board, equipped, operated and maintained as

(i) an indoor stadium or indoor arena,

(ii) a golf club,

(iii) a ski resort,

(iv) a curling club,

(v) a multi-purpose recreation center,

(vi) a tennis club,

(vii) an arts and culture center,

(viii) an outfitters' facility, or

(ix) another facility that is, in the opinion of the board, a recreational facility;

(l) "restaurant" means an establishment which is exclusively engaged in the serving of regular meals to the public in consideration of payment, whether or not other articles incidental to the sale of regular meals are sold in the establishment;

(m) "sell", when used with respect to the authority conferred on licensees referred to in these regulations, means to sell at retail;

(n) "tour boat operation" means an operation by a seagoing vessel primarily for the recreation or education of the passengers and not for their conveyance from place to place; and

(o) "transportation service" means a service provided primarily for the conveyance of passengers by railway, ship or aircraft.

396/78 s2; 99/80 s1; 142/90 s1; 73/99 s1; 2001 c42 s45; 33/13 s1; 36/20 s1; 57/25 s1

Alcoholic liquor or liquor

2.1 For the purposes of paragraph 2(a) of the Act, the prescribed amount of alcohol is 0.4%.

57/25 s2

Classes of licences and permits

3. Subject to the Act and these regulations, the board may issue the licences and permits of the kinds designated in these regulations.

396/78 s3

Hotel licence

4. (1) A hotel licence may be issued in respect of premises where

(a) the premises is maintained, equipped and operated in a manner satisfactory to the board; and

(b) lodging accommodation is provided.

(2) A hotel licence authorizes the licensee to

(a) sell for consumption on the licensed premises,

(i) to guests at meals, only spirits by the glass and wine and beer by the glass or opened container, or

(ii) to guests who are lodgers on the premises, only spirits, wine and beer by the glass or container; and

(b) operate a lounge in a part of the hotel to be designated in the licence where alcoholic liquor may be sold to the public.

396/78 s4; 57/25 s3

Lounge licence

5. (1) A lounge licence may be issued in respect of premises which are

(a) maintained, equipped and operated in a manner satisfactory to the board; and

(b) operated solely for the sale of alcoholic liquor to the public, where food and entertainment may or may not be available.

(2) A lounge licence may be issued in respect of a lounge which is located in part of a hotel where alcoholic liquor is sold also under a hotel licence.

(3) Notwithstanding subsection (1), a lounge licence shall not be issued in respect of premises unless

(a) the walls of all rooms on the premises are not less than 1.4 metres in height; and

(b) the premises is equipped with

(i) a service bar with or without stools or seats for the persons using the lounge,

(ii) an area in which there is an adequate number of tables and chairs having regard to the dispensing facilities of the lounge,

(iii) adequate seating accommodation as determined by the board and the fire commissioner of the province in accordance with any provincial and municipal laws and regulations relating to them,

(iv) entrance and exit facilities that have been approved by the board and that have received the approvals of all other provincial and municipal authorities which are required by law,

(v) bathroom facilities for the use of patrons in accordance with the National Building Code requirements,

(vi) suitable soap dispensers and individual paper towels or suitable electrical appliances,

(vii) adequate facilities for the proper washing of glasses and other utensils used in the handling of alcoholic liquor, consisting of thermostatically controlled hot water boiler capable of producing a continuous supply of hot water at a temperature of not less than 82° Celsius,

(viii) double stainless steel sinks and a dishwasher, and

(ix) well constructed facilities for the storing of glasses and utensils when not in use.

(4) A lounge licence authorizes the licensee to sell to the public for consumption on the licensed premises spirits by the glass and wine and beer by the glass or opened container.

396/78 s5; 57/25 s4

Institution licence

6. (1) An institution licence may be issued to an institute in respect of premises that are maintained, equipped and operated in a manner satisfactory to the board.

(2) An institution licence authorizes the licensee to sell for consumption on the licensed premises spirits by the glass and wine and beer by the glass or opened bottle.

99/80 s2

Club licence and military mess licence

6.1 (1) The following licences may be issued in respect of premises that are maintained, equipped and operated in a manner satisfactory to the board:

(a) a club licence may be issued to a club; and

(b) a military mess licence may be issued to a military mess.

(2) Notwithstanding subsection (1), a club licence or a military licence shall not be issued in respect of premises unless the premises satisfies the requirements in paragraphs 5(3)(a) and (b).

(3) A licence referred to in subsection (1) authorizes the licensee to sell for consumption on the licensed premises spirits by the glass or beer and wine by the glass or opened container.

57/25 s5

Restaurant licence

7. (1) A restaurant licence may be issued to the owner or operator of a restaurant in respect of that restaurant if it is maintained, equipped and operated in a manner satisfactory to the board.

(2) A restaurant licence authorizes the licensee to sell to guests at meals for consumption on the licensed premises spirits by the glass and wine or beer by the glass or opened bottle.

396/78 s7; 57/25 s6

Exception – sale and delivery of alcoholic liquor

7.1 (1) Notwithstanding subsections 4(2), 5(4), 6.1(2), 7(2), 8(2), 8(3) and 38(1), the board may temporarily authorize a person to whom a licence is issued under section 4, 5, 6.1, 7 or 8 to sell or deliver alcoholic liquor to a person who purchases a meal prepared by the licensee from the licensed premises for take-out or delivery subject to the terms and conditions in these regulations.

(2) Where the board authorizes a person referred to in subsection (1) to sell and deliver alcoholic liquor to a person who purchases a meal prepared by the licensee from the licensed premises for delivery, the alcoholic liquor shall only be delivered by

(a) a licensee licensed under section 4, 5, 6.1, 7 or 8;

(b) an employee of a licensee licensed under section 4, 5, 6.1, 7 or 8; or

(3) Where a licensee licensed under section 4, 5, 6.1, 7 or 8 is authorized to sell alcoholic liquor for delivery or take-out, the licensee is only permitted to sell alcoholic liquor that is

(a) sealed; and

(b) in its original packaging or, in the case of draught beer has a cap design which demonstrates that the container has not been opened.

(4) A person shall not deliver alcoholic liquor unless the person

(a) is at least 19 years of age; and

(b) has completed the Serve Responsible NL program offered by Hospitality NL.

(5) A person shall not deliver alcoholic liquor to

(a) a person that is under 19 years of age;

(b) a person that appears intoxicated; or

36/20 s2; 79/20 s1; 57/25 s7

Delivery service licence

7.2 (1) A delivery service licence may be issued to the owner or operator of a delivery service which is maintained, equipped and operated in a manner approved by the board.

(2) A delivery service licence authorizes the licensee or an employee of the licensee to deliver alcoholic liquor in accordance with section 7.1 to persons who purchase a meal prepared by a licensee authorized under subsection 7.1(1) of the Act from the licensed premises.

79/20 s2; 57/25 s8

Restaurant/ lounge licence

8. (1) A restaurant/lounge licence may be issued in respect of premises which are maintained, equipped and operated in a manner satisfactory to the board.

(2) A restaurant/lounge licence authorizes the licensee to sell to guests at meals for consumption on the licensed premises spirits by the glass and wine and beer by the glass or open bottle during the hours prescribed in the Schedule.

(3) A restaurant/lounge licence authorizes the licensee to sell to the public for consumption on the licensed premises spirits by the glass and wine and beer by the glass or open bottle during the hours prescribed in the Schedule.

83/95 s1

Rep. by 57/25 s9

8.1 [Rep. by 57/25 s9]

57/25 s9

Rep. by 57/25 s9

9. [Rep. by 57/25 s9]

57/25 s9

Airport establishment licence

10. (1) An airport establishment licence may be issued to the operator of a premises located at an international airport and within the messuage of that airport if the premises are maintained, equipped and operated in a manner satisfactory to the board.

(2) An airport establishment licence authorizes the licensee to sell, for consumption on the licensed premises to persons using the airport where the licensed premises are located at all hours and on all days throughout the year, spirits by the glass and wine and beer by the glass or opened container.

396/78 s9; 57/25 s10

Transportation services licence

11. (1) A transportation service licence may be issued in respect of a transportation service being operated in the province which is approved for the purpose by the board.

(2) A transportation service licence authorizes the licensee to sell spirits by the glass and wine and beer by the glass or opened bottle to passengers on the transportation service in respect of which it was issued for consumption on it.

396/78 s10

Tour boat licence

12. (1) A tour boat licence may be issued in respect of a tour boat operation being operated in the province which is approved for the purpose by the board.

(2) A tour boat licence authorizes the licensee to sell spirits by the glass and wine and beer by the glass or opened bottle to passengers on the tour boat in respect of which it was issued for consumption on the tour boat.

142/90 s2

Catering licence

13. (1) A catering licence may be issued to a person who is the holder of a hotel licence, a lounge licence, a restaurant licence or a club licence if that person is approved for the purpose by the board.

(2) A catering licence authorizes the licensee to sell for consumption on any premises during the period stated in the licence spirits by the glass and wine or beer by the glass or opened container with food which is to be supplied by the licensee in the form of meals by way of an off premises catering service.

396/78 s11; 57/25 s11

Special events licence

14. (1) A special events licence may be issued authorizing a charitable or non-profit organization raising funds for charitable purposes, that does not hold a subsisting licence issued by the board, to sell spirits, wine and beer at a function on the premises and on the date to be stated in the licence.

(2) A special events licence authorizes the licensee to sell to persons attending the function designated in the licence for consumption at that function on the premises on the date and during the hours stated in the licence spirits by the glass and wine and beer by the glass or opened container.

(3) An applicant for a special events licence under subsection (1) shall submit a completed application stating the purpose of the special event and the number of days of its operation, and the application shall be accompanied with a fee set by minister.

396/78 s12; 1992 cF-7.1 s14; 83/95 s1; 57/25 s12

Recreational facility licence

14.1 (1) A recreational facility licence may be issued with respect to a recreational facility that is equipped, operated and maintained in a manner satisfactory to the board.

(2) A recreational facility licence shall not be issued unless the board is satisfied that the approval to sell alcoholic liquor

(a) is only intended to complement the recreational facility; and

(b) will not detract significantly from the recreational nature of the premises.

(3) The holder of a recreational facility licence may, on the licensed premises only, sell for consumption alcoholic liquor in open containers approved by the board.

(4) The board may approve different containers for

(a) different recreational facilities;

(b) different areas within a recreational facility; and

(5) Notwithstanding subsection (3), the holder of a recreational facility licence may sell for consumption alcoholic liquor

(a) by the unopened container, at a golf club or outfitter's facility provided that the container does not exceed twice the applicable serving size prescribed in section 36.1; or

(b) by the unopened container, at a recreational facility that includes a hotel, to guests who are lodgers of the hotel.

(6) Notwithstanding another provision of this section, the holder of a recreational facility licence shall not sell alcoholic liquor outdoors in any part of the licensed premises at a concert, festival or other similar function as determined by the board unless

(a) the licensee has obtained the prior written approval of the board; and

(b) the sale and consumption of alcoholic liquor is limited to cans or disposable cups only.

(7) A recreational facility licence issued in respect of a facility that includes a hotel, restaurant, lounge or club, or a combination of those facilities, authorizes the licensee to sell alcoholic liquor for consumption throughout the licensed premises provided that all facilities are operated by the same licensee.

(8) The holder of a recreational facility licence shall comply with all applicable federal, provincial and municipal laws.

(9) The holder of a recreational facility licence issued with respect to an indoor stadium or indoor arena shall not

(a) sell or permit the consumption of alcoholic liquor throughout the entire facility unless

(i) prior written approval of the board has been received, and

(ii) all participants and patrons attending the event are at least 19 years of age, or

(b) sell or permit the consumption of alcoholic liquor at any event where

(i) the majority of participants or patrons involved in or attending the event are expected to be under 19 years of age, or

(ii) the primary purpose of the event is the entertainment of persons under 19 years of age.

(10) The holder of a recreational facility licence issued with respect to an indoor stadium or indoor arena shall

(a) designate seating areas where the sale, consumption and possession of alcoholic liquor is prohibited;

(b) prepare a seating plan of the facility which clearly indicates the areas where

(i) the sale and consumption of alcoholic liquor may take place, and

(ii) the sale, consumption and possession of alcoholic liquor is prohibited;

(c) clearly identify the areas within the facility that are designated for the sale and consumption of alcoholic liquor; and

(d) cease the sale of alcoholic liquor one half hour before the anticipated completion of the event.

(11) Notwithstanding subsection (10), where an indoor stadium or indoor arena is being used for an indoor concert, the holder of the recreational facility licence shall

(a) not sell alcoholic liquor without the prior written approval of the board; and

(b) only permit the sale and consumption of alcoholic liquor in the areas approved by the board.

(12) The areas described in paragraph (10)(a) shall

(a) be reasonable considering the size of the facility and the public demand; and

(b) ensure a reasonable choice of seats for all patrons notwithstanding the consumption or prohibition of alcoholic liquor.

(13) Where the holder of a recreational facility licence issued for a facility other than an indoor stadium or indoor arena proposes to sell alcoholic liquor at an indoor event where not all the patrons attending are over 19 years of age,

(a) the sale and consumption of alcoholic liquor shall not be permitted unless the area in which the event is to be held is physically divided so that

(i) one part of the area is clearly identified for the sale and consumption of alcoholic liquor and entry is restricted to persons who are at least 19 years of age, and

(ii) one part of the area is clearly identified as a part where the sale, consumption and possession of alcoholic liquor is prohibited and entry by persons who are under 19 years of age is permitted; and

(b) the sale of alcoholic liquor shall cease one half hour before the anticipated completion of the event.

(14) For the purpose of this section, a reference to "hotel" or "restaurant" means the building in which that facility is located and does not include the grounds of that facility or any out buildings.

73/99 s2; 112/13 s1; 57/25 s13

Warehouse licence

15. (1) A warehouse licence may be issued to the owner or operator of a warehouse which is maintained, equipped and operated in a manner approved by the board.

(2) Subject to an applicable statute or other law of Canada, a warehouse licence authorizes the licensee to store liquor on the licensed premises for the purpose of maturing it or for the purpose of transshipping it to a place outside of the province or for another purpose approved by the board.

(3) Subject to the conditions of the warehouse licence, where a licence allows, a licensee may sell alcoholic liquor at wholesale or retail from the licensed premises to, or to the order of, the owners or operators or captains of foreign going ships or vessels or of trawlers or tugs for use as ships stores.

396/78 s15; 57/25 s14

Gift basket licence

15.1 (1) In this section,

(a) "gift basket" means a wrapped package of assorted products; and

(b) "retail store" includes

(i) a grocery store,

(ii) a gift shop,

(iii) a florist shop, and

(iv) another premises approved by the board

but does not include a premises licensed under the Liquor Control Act, the Cannabis Control Act or regulations under those Acts, other than a premises licensed under this section.

(2) A gift basket licence may be issued to the owner or operator of a retail store that is maintained, equipped and operated in a manner satisfactory to the board.

(3) A gift basket licence authorizes the licensee to prepare and sell gift baskets which contain alcoholic liquor in addition to other products.

(4) All alcoholic liquor in a gift basket shall be sealed and in its original packaging.

(5) Where alcoholic liquor is included in a gift basket,

(a) the value of the alcoholic liquor shall be less than 50% of the value of the gift basket; and

(b) the sale of alcoholic liquor shall not be the principal purpose of the gift basket.

(6) In determining the price of a gift basket, the price relating to alcoholic liquor included in the gift basket shall be the cost of the alcoholic liquor to the licensee.

(7) A licensee shall not display or have accessible to customers alcoholic liquor that is not in a gift basket.

1/19 s1

Ferment-on-premises facility licence

15.2 (1) In this section,

(a) "bottle" includes a can, keg, cask or other container into which wine or beer is placed after it is removed from a carboy;

(b) "carboy" means a fermentation vessel used for aging or storing wine or beer;

(d) "ferment-on-premises facility" means a premises provided with the facilities and equipment prescribed in these regulations where, in consideration of payment, individuals may make wine or beer for personal consumption.

(2) A ferment-on-premises facility licence may be issued to the owner or operator of a ferment-on-premises facility that is maintained, equipped and operated in a manner satisfactory to the board.

(3) A ferment-on-premises facility licence authorizes the licensee to provide, for a fee, equipment, ingredients, instruction and storage to individuals for the making of wine or beer for personal consumption.

(4) A ferment-on-premises facility shall not be located in

(a) a residential premises;

(b) a premises licensed under another section of these regulations; or

(5) A ferment-on-premises facility shall be kept separate from other premises that are used for different purposes.

(6) Before a customer begins to make wine or beer at a ferment-on-premises facility, the licensee shall ensure that the customer provides the licensee with a signed acknowledgment that

(a) the customer will participate in the making of beer or wine by

(i) mixing all the ingredients necessary to start the fermentation process to make the wine or beer,

(ii) removing labels from bottles where bottles bear the labels of breweries or wineries,

(iii) bottling the wine or beer, and

(iv) removing the wine or beer from the ferment-on-premises facility immediately after it has been bottled; and

(b) the wine or beer to be made at the ferment-on-premises facility is for the customer's personal use only.

(6.1) Notwithstanding a signed acknowledgement in accordance with subsection (6), where a customer has completed the task in subparagraph (6)(a)(i) prior to the coming into force of this subsection but has not completed the tasks in subparagraphs (6)(a)(ii) to (iv) at the time this subsection comes into force, a licensee may perform the tasks in subparagraphs (6)(a)(ii) and (iii) on behalf of the customer.

(7) The licensee shall prepare and provide a customer with an invoice that includes

(a) the licensee's name, address and phone number;

(b) the customer's name, address and phone number;

(d) the ingredients provided to the customer and the price charged for the ingredients;

(e) the services provided to the customer and the price charged for the services;

(f) confirmation that the licensee has transferred ownership to the customer of all ingredients being purchased to make the wine or beer;

(g) the date the making of wine or beer is to begin;

(h) the amount of the payment and the date payment is received from the customer; and

(i) a notice to the customer that the wine or beer shall be for the customer's personal use only.

(8) A licensee or an employee of a licensee may, in accordance with this section, make wine or beer at the ferment-on-premises facility operated by the licensee for the licensee’s or employee’s own personal use.

(9) A customer may be accompanied by one or more persons who are at least 19 years of age, to assist the customer in performing the tasks referred to in paragraph (6)(a).

(10) A licensee may allow a customer to consume no more than 2 samples of the customer's wine or beer, where

(a) the samples are provided before the wine or beer is bottled;

(b) the samples are consumed at the ferment-on-premises facility; and

(11) A licensee shall ensure that each carboy being used to make wine or beer at the ferment-on-premises facility has a tag attached to it with the following information:

(a) the name of the customer using the carboy;

(b) the invoice number provided to the customer using the carboy; and

(c) the date that any enzymes or yeast were added to the ingredients to start the fermentation process to make the wine or beer.

(12) A licensee shall keep a copy of all invoices referred to in subsection (7) and make them available to an inspector when requested.

(13) A licensee shall provide any report to the corporation that the corporation requires, including an annual report in a form provided by the corporation that sets out the amount of wine and beer made at the ferment-on-premises facility for the year.

(14) A licensee shall retain copies of all invoices referred to in subsection (12) and reports referred to in subsection (13) for at least one year.

(15) A licensee that is a corporation or a partnership shall notify the corporation of any change in the person identified as responsible for the operation of the ferment-on-premises facility within 30 days of the change.

(16) A licensee shall not

(a) make wine or beer at the ferment-on-premises facility for sale or exchange;

(b) make wine or beer at the ferment-on-premises facility on behalf of a customer;

(c) sell or exchange wine or beer at the ferment-on-premises facility or keep or offer wine or beer for sale or exchange at the ferment-on-premises facility;

(d) give wine or beer to any person at the ferment-on-premises facility other than as permitted for sampling in subsection (10).

(e) permit wine or beer to be exchanged, sold or given by customers at the ferment-on-premises facility;

(f) facilitate exchanging, selling or giving of wine or beer by customers;

(g) deliver a customer's wine or beer;

(h) store or permit the storage of bottled wine or bottled beer at the ferment-on-premises facility;

(i) remove or permit the removal of carboys being used to make wine or beer from the ferment-on-premises facility;

(j) bring alcoholic liquor into the ferment-on-premises facility to be added as an ingredient to wine or beer being made at the ferment-on-premises facility; or

(k) permit a customer to use bottles that are already labelled with labels that represent a product sold at a store or commercially manufactured by a winery or brewery.

(17) Where a licensee's ferment-on-premises facility licence expires or is suspended or cancelled, the corporation may allow any unfinished wine or beer at the ferment-on-premises facility to remain at the ferment-on-premises facility until the wine or beer is ready to be bottled and removed from the ferment-on-premises facility by the customer.

(18) A person whose ferment-on-premises facility licence expires or is suspended or cancelled shall not conduct any new business respecting making wine or beer in the ferment-on-premises facility.

1/19 s1; 39/20 s1; 57/25 s15

Brewer licence, winery licence and distillery licence

15.3 (1) The board may issue to a brewer, winery or distillery a licence permitting the licensee to keep for sale and to sell alcoholic liquor produced by the licensee to the corporation.

(2) A brewer may also sell beer to a person licensed by the board to sell beer, or, on the order of the corporation, to a person named in that order at the address stated in the order.

(3) Notwithstanding subsections (1), (2) and (11), the board may temporarily authorize a person to whom a brewer licence, winery licence or distillery licence is issued under subsection (1) to sell and deliver alcoholic liquor produced by the licensee to a person for personal consumption.

(4) Where the board authorizes a person referred to in subsection (3) to sell and deliver alcoholic liquor produced by the licensee to a person for personal consumption, the alcoholic liquor shall only be delivered by

(a) the licensee licensed under subsection (1); or

(b) an employee of the licensee licensed under subsection (1).

(5) Where a licensee licensed under subsection (1) is authorized to sell alcoholic liquor for delivery under subsection (3), the licensee is only permitted to deliver alcoholic liquor that is

(a) sealed; and

(b) in its original packaging or, in the case of draught beer, has a cap design which demonstrates that the container has not been opened.

(6) A person shall not deliver alcoholic liquor unless the person is

(a) at least 19 years of age; and

(b) has completed the Serve Responsible NL program offered by Hospitality NL.

(7) A person shall not deliver alcoholic liquor to a person who

(a) is under 19 years of age; or

(b) appears intoxicated.

(8) The board may revoke a licence or authorization issued under this section where it is of the opinion that there is reasonable cause for doing so.

(9) Where the board revokes a licence or authorization under subsection (8), the board shall, where requested by the licensee, provide reasons for the revocation to the licensee, in writing.

(10) A brewer, winery, distillery or an association of brewers, wineries or distilleries shall not sell, deliver, advertise for sale or store alcoholic liquor except in the container and package sizes approved by the corporation.

(11) A brewer licensed to sell alcoholic liquor under subsection (1) or a person acting for or employed by the brewer shall not sell or deliver beer under that licence, except

(a) to the following:

(i) the corporation,

(ii) a person licensed by the corporation, or

(iii) a purchaser from the corporation; and

(b) in a manner indicated by the corporation.

57/25 s16

Brewer's retail licence, brewer's agent licence and brewer's distributor licence

16. (1) The board may issue

(a) a brewer's retail licence to

(i) a brewer who is licensed under subsection 15.3(1), or

(ii) an association of 2 or more brewers who are licensed under subsection 15.3(1);

(b) a brewer's agent licence to a person who has been approved by the board as an agent of

(i) a brewer licensed under subsection 15.3(1), or

(ii) an association of 2 or more brewers who are licensed under subsection 15(3)(1); and

(c) a brewer's distributor licence to a person who has been recommended as a distributor by one or more brewers licensed under subsection 15.3(1).

(2) A licence issued under paragraph (1)(a) authorizes the holder of the licence to sell beer produced by the licensee to a person who is not disqualified to purchase it under the Act or these regulations, for consumption off the premises where beer is sold.

(3) A licence issued under paragraph (1)(b) authorizes the holder of the licence to sell beer to a person who is not disqualified to purchase it under the Act or these regulations, for consumption off the premises where beer is sold.

(4) A licence issued under paragraph (1)(c) authorizes the holder of the licence to sell or deliver beer to the corporation or a person licensed by the board.

(5) A licence that is issued under subsection (1) is valid only in respect of the premises described in the licence.

(6) Notwithstanding subsection (5), a brewer's retail licence may, with the approval of the board, apply to temporary locations for the periods determined by the board.

(7) The holder of a brewer's retail licence or a brewer's agent licence

(a) shall

(i) keep on the licensed premises the retail price list provided by the corporation for beers brewed in the province, or

(ii) ensure that the retail price list provided by the corporation for beers brewed in the province may be accessed by the public; and

(b) shall not sell those beers except at the prices set out in that price list.

(8) The holder of a brewer’s retail licence or a brewer’s agent licence or the agent or employee of a holder of a brewer’s retail licence or a brewer’s agent licence shall not

(a) s ell beer except in accordance with the brewer’s retail licence or the brewer’s agent licence; or

(b) s ell, advertise for sale or store beer except in the container and package sizes approved by the corporation.

(9) The holder of a brewer’s distributor licence or the agent or employee of the holder of a brewer’s distributor licence shall not

(a) sell or deliver beer except in accordance with the brewer’s distributor’s licence; or

(b) sell, deliver, advertise for sale or store beer except in the container and package sizes approved by the corporation.

37/80 s2; 57/25 s17

Brewer's agent licence

17. (1) On and after July 1, 1980, a brewer's agent licence may not be issued or renewed except in respect of premises maintained as

(a) a liquor agency; or

(b) a retail store that sells commodities other than beer and associated products.

(2) On and after July 1, 1980, where premises in respect of which a brewer's agent licence is issued or renewed do not comply with the requirements of subsection (1), the licence is subject to cancellation under paragraph 48(1)(d) of the Act.

(3) A brewer's agent licence may not be issued or renewed in respect of premises that, in the opinion of the board, are maintained as a business that is

(a) a supermarket or department store that is a member of a trading group of supermarkets or department stores;

(b) a store or other business that deals primarily in the sale of confectionery;

(d) a store or other business that deals primarily in the sale of quick-service meals, snacks, sandwiches or other take-out foods;

(e) [Rep. by 36/06 s1]

(f) a service station or a store or other business that deals primarily in the sale of gasoline or associated products.

(4) Where premises in respect of which a brewer's agent licence is issued or renewed are maintained as a business that, under subsection (3), does not qualify for the granting or renewal of that licence, the licence is subject to cancellation under paragraph 48(1)(d) of the Act.

37/80 s3; 238/82 s2; 36/06 s1; 57/25 s18

Manufacturer's retail licence

17.1 (1) The board may issue a manufacturer's retail licence to a brewery, winery or distillery that is licensed under subsection 15.3(1) or an association of 2 or more of them.

(2) A licence issued under subsection (1) authorizes the holder of the licence to sell alcoholic liquor produced by the licensee to a person who is not disqualified to purchase it under the Act or these regulations, for consumption off the premises where alcoholic liquor is sold.

(3) A licence that is issued under subsection (1) is valid only in respect of the premises described in the licence.

(4) Notwithstanding subsection (3), a manufacturer's retail licence may, with the approval of the board, apply to temporary locations for the periods determined by the board.

(5) The holder of a manufacturer's retail licence shall not sell alcoholic liquor except at the prices set out in the price list provided by the corporation.

(6) The holder of a manufacturer's retail licence or the agent or employee of the holder of a manufacturer's retail licence shall not

(a) sell alcoholic liquor except under a licence issued under and in accordance with subsection (1); or

(b) sell, advertise for sale or store alcoholic liquor except in the container and package sizes approved by the corporation.

57/25 s19

Return of empty beer bottles

18. (1) The holder of a brewer's agent licence shall, at the time of transacting a sale, accept in return empty beer bottles equal to the amount being purchased.

(2) The holder of a brewer's distributor licence shall accept all empty beer bottles presented to them by the public.

(3) The holder of a brewer's agent licence and the holder of a brewer's distributor licence shall refund or give value equal to the beer bottle deposit established by the corporation.

99/80 s3; 2001 c42 s45; 57/25 s20

Special permits

19. (1) Permits may be issued by the board to a person referred to in section 65 of the Act for any of the purposes prescribed in that section.

(2) The holder of a permit issued under subsection (1) is authorized to purchase and use alcohol or alcoholic liquor in the manner and for the purposes stated in the permit, subject to any conditions.

(3) A holder of a permit issued under subsection (1) shall

(a) keep the records of stock and sales and make the reports and returns to the board that the board may require; and

(b) provide the warehouse facilities that the board may consider to be necessary.

396/78 s19; 57/25 s21

Rep. by 92/06 s1

20. [Rep. by 92/06 s1]

92/06 s1

Notice of application for licence

21. (1) An applicant for a licence shall give public notice of the intention to apply for a licence in the form and manner set by the board.

(2) Where requested, an applicant shall provide proof, satisfactory to the board, that the applicant complied with the notice requirements in subsection (1).

(3) This section does not apply to applications for a hotel licence, lounge licence, restaurant licence, club licence or institution licence that relates to a premises at

(a) an American Military Base;

(b) a Canadian Armed Forces Base; or

(4) Notwithstanding subsection (1), a licensee who applies for an additional licence of the same category of licence that the licensee currently holds is not subject to the advertising requirements in this section where the additional licence is for a premises

(a) within the same building in which the licensee's licensed premises are located; or

(b) within an extension to the building in which the licensee's licensed premises are located.

99/80 s5; 33/13 s3; 57/25 s22

Information and description required

22. An applicant for a licence shall set out in the application the information and description of premises that the board requires.

396/78 s23; 57/25 s23

Conditions to be met

23. A licence or permit shall not be issued in respect of any premises unless

(a) the premises and the plans, location, accommodation, equipment and facilities and the operation of it have been approved by the board in writing; and

(b) all statutes, regulations and other laws whether federal, provincial or municipal applying to or in respect of the premises have been complied with.

396/78 s24

Licence or permit not issued

24. The board shall not issue a licence or permit to

(a) a person who is disqualified under the Act or these regulations or who has not complied with the requirements of them;

(b) a police officer, an inspector or law enforcement officer; or

396/78 s25; 2001 c42 s45; 57/25 s24

Good character required

25. (1) An applicant for a licence or permit must be a person of good character.

(2) A person convicted, within 3 years immediately preceding the person’s application, of an offence which is punishable by imprisonment shall not receive a licence.

396/78 s26; 57/25 s25

Particulars of special event licence

26. (1) A person applying for a special events licence shall forward the person’s application to the board at least 2 weeks before a function in respect of which the licence is sought is to take place, unless the board agrees to consider an application on shorter notice.

(2) A special events licence may be issued only in respect of premises located in a building or an approved tent and, before the issue of it, adequate arrangements for security satisfactory to the board shall be made.

(3) Arrangements satisfactory to the board for the purchase, storage, sale and service of liquor shall be made before the issuing of a special events licence.

(4) Before a special events licence is issued the applicant shall satisfy the board that

(a) adequate seating capacity shall be available to the extent of not less than 1.4 square metres per person; and

(b) [Rep. by 57/24 s26]

(5) Liquor sold under a special events licence shall be consumed on the premises in respect of which the licence was issued on the day or days and during the hours stated in that licence.

(6) The recipient of a special events licence shall, if ordered by the board, remove all surplus liquor from the premises for which the licence was issued upon expiration of that licence.

396/78 s27; 99/80 s6; 57/25 s26

Rep. by 92/06 s1

27. [Rep. by 92/06 s1]

92/06 s1

Transfers

28. An application for the approval of the board for a transfer of a licence shall be forwarded to the board at least 30 days before the date proposed for the transfer.

396/78 s31

Application forms

29. An application for the issuing, renewal or transfer of a licence or for the issuing or renewal of a permit shall be made in the form set by the board that is appropriate to the licence or permit in respect of which the application is made.

396/78 s32; 57/25 s27

Rep. by 57/25 s28

30. [Rep. by 57/25 s28]

57/25 s28

Rep. by 57/25 s28

31. [Rep. by 57/25 s28]

57/25 s28

Rep. by 57/25 s28

32. [Rep. by 57/25 s28]

57/25 s28

Hours of sale and prohibition of sale

33. (1) The hours during which liquor may be sold and consumed on a licensed premises or sold for consumption off a licensed premises under a licence are those prescribed in the Schedule with respect to that licence.

(2) [Rep. by 57/25 s29]

396/78 s37; 95/97 s1; 57/25 s29

Mandatory exit time

33.1 (1) A licensee who is authorized to sell alcoholic beverages under a

(a) restaurant/lounge licence issued under section 8; or

(b) lounge licence issued under section 5,

shall ensure that all patrons vacate the licensed premises within the 60 minutes after the applicable hour of close of sale as set out in the Schedule.

(2) Subsection (1) does not apply where the licensee offers a full service food menu 24 hours a day on a regular basis.

(3) If a licensee to whom subsection (2) applies intends to remain open later than the time set out in subsection (1), the licensee shall notify the board.

75/10 s1; 57/25 s30

Service and disposition of liquor

34. (1) All liquor acquired for resale on any licensed premises shall be purchased from the corporation or a designated outlet permitted under the Liquor Control Act or theLiquor Corporation Act and shall only be purchased under the licensee's licence number and an invoice or receipt of those purchases shall be kept by the licensee.

(2) All liquor sold on any licensed premises shall be dispensed from the original container in which the liquor was purchased.

99/80 s9; 2001 c42 s45; 57/25 s31

Measurement of spirits served

35. (1) A drink of spirits served by the holder of a licence shall contain not less than one fluid ounce of spirits.

(2) A licensee shall measure all spirits served in a drink by means of

(a) a clearly marked glass or container of a type approved by the board; or

(b) a mechanical measure of a type approved by the board.

396/78 s40

Rep. by 57/25 s32

36. [Rep. by 57/25 s32]

57/25 s32

Minimum price

36.1 (1) In this section, "standard serving" means:

(a) 341 millilitres of beer;

(b) 355 millilitres of a refreshment beverage;

(d) 30 millilitres of spirits.

(2) The holder of a lounge, club, restaurant, hotel, recreational facility, restaurant/lounge, institution, military mess, tour boat, airport establishment, transportation services and special event licence shall not

(a) provide free alcoholic liquor to a patron or guest on a licensed premises; and

(b) provide alcoholic liquor to a patron or guest on a licensed premises for less than $2.65 per standard serving inclusive of applicable taxes, or in a larger or smaller serving without an increase or decrease in the price in the same proportion as the increase or decrease in the volume of alcoholic liquor.

(3) Notwithstanding subsection (2),

(a) the holder of a class of licence referenced in subsection (2) may provide free alcoholic liquor to a patron or guest on a licensed premises during a product tasting sponsored by a manufacturer or manufacturer's representative, where

(i) approval in writing is obtained from the corporation before the tasting,

(ii) a representative of the manufacturer is present on the licensed premises at all times during the tasting, and

(iii) no more than 2 standard servings of alcoholic liquor are provided to each patron or guest during the tasting;

(b) the holder of a restaurant licence or hotel licence may provide alcoholic liquor free or at a reduced price on the licensed premises as part of an event for which one fee is charged for alcoholic liquor, and overnight accommodation and a meal; and

(c) the corporation may in advance and in writing approve the serving of free or reduced price alcoholic liquor by the holder of a class of licence referred to in subsection (2) for other promotional purposes and functions.

(4) For the purpose of this section, a question as to whether a product is "beer", "a refreshment beverage", "wine" or "spirits" shall be determined by the category under which that product is listed in the retail price list issued periodically by the corporation.

39/01 s1; 2001 c42 s45; 57/25 s33

Cleaning and sterilization of glasses

37. (1) All glasses shall be washed in hot soapy water at a temperature of not less than 82° Celsius in a thermostatically controlled hot water boiler capable of producing a continuous supply of hot water at a temperature of not less than 82° Celsius.

(2) All glasses shall, when they have been washed in the manner referred to in subsection (1), be rinsed and then sterilized by being placed for 3 or 4 minutes in the third deep sink containing a chlorine solution of 100 parts per million.

(3) Glasses shall not be wiped but shall be allowed to remain bottom up on racks.

(4) Glasses shall be stored mouth down in a clean place.

396/78 s41

Liquor consumption on premises

38. (1) All liquor sold under a licence which authorizes the sale of it for consumption on the licensed premises shall be consumed on it, and the licensee shall not allow liquor sold on it to be taken from that licensed premises.

(1.1) Notwithstanding subsection (1), alcoholic liquor may, with the prior written approval of the board, be taken from one licensed premises to another licensed premises where

(a) the 2 licensed premises are directly adjacent to each other and travel from one licensed premises to the other licensed premises does not require a person to enter an unlicensed area; and

(b) the operator of each licensed premises agrees with the movement of the liquor from one licensed premises to the other licensed premises.

(2) A licensee shall not sell or dispose of liquor in a manner or in a place other than that authorized by the licensee’s licence.

(3) A person shall not consume nor shall any licensee allow a person to consume liquor in a lavatory or toilet on a licensed premises.

396/78 s42; 57/25 s34

Other liquor prohibited

39. Except as otherwise provided under subsection 38(1.1), a licensee shall not bring or allow to be brought in or allow to remain on or in the licensed premises

(a) spirits or wine that the licensee has not purchased from the corporation; or

(b) beer that the licensee has not purchased from the corporation or from a brewer licensed under section 15.3.

396/78 s43; 2001 c42 s45; 57/25 s35

Rep. by 57/25 s36

40. [Rep. by 57/25 s36]

57/25 s36

Rep. by 57/25 s36

41. [Rep. by 57/25 s36]

57/25 s36

Admittance prohibited

42. A person other than those for whom adequate seating accommodation is provided shall not be admitted to a licensed premises where liquor is authorized to be served for consumption on that premises.

396/78 s46

Prohibited persons

43. A licensee shall not sell or serve liquor to a person who has been interdicted under the Act.

396/78 s47

Persons under 19 years

44. (1) A licensee shall not sell liquor to a person who is under the age of 19 years or who is otherwise disqualified to purchase liquor by or under the Act or these regulations.

(2) A ferment-on-premises facility licensee shall not allow a person who is under the age of 19 years or who is otherwise disqualified to purchase liquor by or under the Act or these regulations to make wine or beer at the ferment-on-premises facility.

396/78 s48; 1/19 s2; 57/25 s37

Tip/gratuity prohibited

45. A licensee shall not give alcoholic liquor, tip or gratuity either directly or indirectly by way of gift or loan or otherwise to an officer or to a member or employee of the board or of the corporation.

396/78 s48; 2001 c42 s45; 57/25 s38

Proof of age

46. (1) A licensee and an employee or agent of the licensee shall, before selling or serving liquor to a person who appears to be under the age of 19 years, require proof of that person's age.

(1.1) A ferment-on-premises facility licensee and an employee or agent of the licensee shall, before allowing a person who appears to under the age of 19 years to make wine or beer, require proof of that person's age.

(2) [Rep. by 57/25 s39]

398/78 s50; 1/19 s3; 57/25 s39

Presence of underage persons prohibited

47. Subject to section 48, a licensee shall not allow a person under the age of 19 years to remain on the licensed premises.

398/78 s51; 57/25 s40

Exceptions to prohibition

48. (1) A licensee may allow a person under the age of 19 years

(a) to enter, be in, and remain in a licensed premises which is a hotel, restaurant, military mess, brewer’s agent, brewer’s retail, brewer’s distributor, institution or any premises for which a transportation services licence, airport establishment licence, or a recreational facility licence has been issued and to carry on any work, including entertainment in any of those places, other than work involving the handling or dispensing of liquor;

(b) to enter, be in and remain in a licensed premises which is a lounge, club or any premises for which a special events licence has been issued, where the prior approval, in writing, of the board, or its designate, has been obtained by the licensee;

(c) to enter, be in and remain in a licensed premises which is a lounge, club or any premises for which a special events licence has been issued, for the purpose of attending a wedding;

(d) to enter, be in and remain in a licensed premises which is a restaurant/lounge between the hours of 9:00 a.m. and 9:00 p.m. and to carry on any work, other than the handling or dispensing of alcoholic beverages; or

(e) to enter, be in and remain in a retail store licensed under section 15.1 to carry on any work, other than work involving the preparation and sale of gift baskets that contain alcoholic liquor; and

(f) to enter, be in and remain in a ferment-on-premises facility to carry on any work, other than work involving the making of beer and wine.

(2) Notwithstanding paragraph (1)(d), where prior written approval of the board, or its designate, has been obtained by the licensee, a person under the age of 19 years may be permitted to be on a premises licensed as a restaurant/lounge between the hours of sale prescribed in the schedule.

83/95 s1; 73/99 s3; 1/19 s4; 57/25 s41

Prohibited persons

49. A licensee and an employee or agent of a licensee shall not allow to be or remain on the licensed premises

(a) persons of notoriously bad character;

(b) disorderly or intoxicated persons; or

99/80 s12; 5/25 s42

Rep. by 57/25 s43

50. [Rep. by 57/25 s43]

57/25 s43

Structures and structural alterations

51. A licensee shall not make structural alterations in or enlargements of the licensed premises without the prior written consent of the board.

396/78 s55; 57/25 s44

Prohibited structure

52. A type of structure which prevents a full view from the dispensing bar is prohibited in a club or lounge.

396/78 s56; 57/25 s45

Officials and employees of board

53. The officials, inspectors and other employees of the board shall carry out the instructions of the board and perform the duties that it may direct.

396/78 s57

Identification of inspector

54. An inspector shall be issued with an official badge or other means of identification which the inspector shall carry at all times when on duty.

396/78 s58; 57/25 s46

Suspension of licence

55. (1) An inspector generally or specially authorized by the board may suspend a licence for a period not exceeding 30 days where in the inspector’s opinion the licensed premises or an activity to which the licence relates is not being operated or conducted in accordance with the Act or these regulations or the conditions prescribed in or in respect of such licence.

(2) When an inspector suspends a licence under subsection (1), the inspector shall make an immediate report of the suspension to the board and the suspension shall be subject to ratification by the board within the period of 48 hours from the time that it was imposed, and if the suspension is not so ratified within that period, it shall cease to have effect upon the expiration of that period.

396/78 s59; 79/20 s3; 57/25 s47

Renewal of licence

56. An application for a renewal of a licence shall be made in the form and manner set by the board.

396/78 s60; 33/13 s5; 57/25 s48

Return required

57. (1) Where required, a licensee shall, in the form and manner set by the board, provide to the board a return relating to the purchase, sale, distribution or delivery of alcoholic liquor by the licensee.

(2) A licensee shall be considered not to have complied with subsection (1) unless the licensee provides the required information in the form set by the board.

(3) The return to be provided to the board under subsection (1) shall be delivered to the board within 20 days of the end of the period to which the return relates.

396/78 s61; 37/80 s4; 33/13 s6; 57/25 s49

Interest on value of alcoholic liquor seized

57.1 (1) Where the corporation pays to a person an amount under subsection 91(6) of the Act that is equal to the value of alcoholic liquor seized, interest shall be payable on the amount equal to the value of alcoholic liquor seized from the date that the person establishes to the satisfaction of the corporation that the alcoholic liquor was obtained in accordance with the Act and the regulations and that the person otherwise complies with the Act and regulations to the date of payment.

(2) For the purpose of subsection (1), the annual rate of interest is the rate equal to the prime lending rate of the bank holding the province's general revenue fund as determined and adjusted in accordance with this section.

(3) Notwithstanding subsections (1) and (2), interest is not payable to a person where the corporation pays the amount equal to the value of the alcoholic liquor seized within 60 days of the date that the person establishes to the satisfaction of the corporation that the alcoholic liquor was obtained in accordance with the Act and the regulations and that the person otherwise complies with the Act and regulations.

(4) Interest calculated under this section shall be compounded monthly.

(5) The interest rate prescribed by this section shall be determined on June 15 and December 15 in each year and

(a) the interest rate as determined on June 15 shall apply to the amount equal to the value of the alcoholic liquor seized that is owing after June 30; and

(b) the interest rate as determined on December 15 shall apply to the amount equal to the value of the alcoholic liquor seized that is owing after December 31.

(6) Interest shall not be paid under this section where the amount equal to the value of the alcoholic liquor is less than $100.

(7) Interest shall not be paid under this section where the corporation returns the alcoholic liquor seized to a person under subsection 91(6) of the Act.

57/25 s50

Rep. by 57/25 s51

58. [Rep. by 57/25 s51]

57/25 s51

Rep. by 57/25 s51

59. [Rep. by 57/25 s51]

57/25 s51

Rep. by 57/25 s51

60. [Rep. by 57/25 s51]

57/25 s51

Repeal

61. The Liquor (Licensing) Regulations, 1974, Newfoundland Regulation 396/78, are repealed.

Schedule

Hours of Sale

Hours of Sale and Consumption of all alcoholic liquor
as Permitted under the Regulations

Hotel, Lounge, Club, Institution,
Military Mess and Recreational Facility
Hours of Sale:

Mondays, Tuesdays and Wednesdays
9:00 a.m. to 2:00 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 a.m. to 3:00 a.m. of the immediately succeeding day

Hours of Consumption:

Mondays, Tuesdays and Wednesdays
9:00 a.m. to 2:30 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 a.m. to 3:30 a.m. of the immediately succeeding day

Restaurant
Hours of Sale:

9:00 a.m. to 2:00 a.m. 7 days a week

Hours of Consumption:

9:00 a.m. to 2:30 a.m. 7 days a week

Restaurant/Lounge
Restaurant:

Hours of Sale:

9:00 a.m. to 8:30 p.m. 7 days a week

Hours of Consumption:

9:00 a.m. to 9:00 p.m. 7 days a week

Lounge:

Hours of Sale:

Mondays, Tuesdays and Wednesdays
9:00 p.m. to 2:00 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 p.m. to 3:00 a.m. of the immediately succeeding

Hours of Consumption:

Mondays, Tuesdays and Wednesdays
9:00 p.m. to 2:30 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 p.m. to 3:30 a.m. of the immediately succeeding day

Tour Boat
Hours of Sale:

Mondays, Tuesdays and Wednesdays
9:00 a.m. to 2:00 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 a.m. to 3:00 a.m. of the immediately succeeding day

Hours of Consumption:

Mondays, Tuesdays and Wednesdays
9:00 a.m. to 2:30 a.m. of the immediately succeeding day

Thursdays, Fridays, Saturdays and Sundays
9:00 a.m. to 3:30 a.m. of the immediately succeeding day

Sale further restricted to 15 minutes after the boat has left its home berth and sale shall cease 15 minutes before reaching its home berth

Brewer's Agent, Brewer's Retail, Manufacturer's Retail and Retail Store
licensed under section 15.1
Hours of Sale:

9:00 a.m. to 2:00 a.m. 7 days a week

Special Events
Hours of Sale:

As specified on the licence only

Hours of Consumption:

One-half hour tolerance beyond the hours of sale

Airport Establishment and
Transportation Services
Hours of Sale and Consumption:

24 hour period 7 days a week

New Year's Eve

Hotel, Lounge, Club, Restaurant,
Restaurant/Lounge, Military Mess, Institution,
Recreational Facility
Hours of Sale:

9:00 a.m. to 3:00 a.m. of the immediately succeeding day

Hours of Consumption:

9:00 a.m. to 3:30 a.m. of the immediately succeeding day

73/99 s4; 33/13 s7; 1/19 s5; 57/25 s52