ONTARIO REGULATION 233/01

made under the

LIQUOR LICENCE ACT

Made: June 20, 2001
Filed: June 22, 2001
Printed in The Ontario Gazette: July 7, 2001

Amending Reg. 718 of R.R.O. 1990

(General)

Note: Regulation 718 has previously been amended. Those amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1.  Section 12 of Regulation 718 of the Revised Regulations of Ontario, 1990 is revoked.

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

Liquor Delivery Licences

14.  (1)  An application for the issuance or renewal of a licence to deliver liquor shall be on a form supplied by the Registrar of Alcohol and Gaming.

(2)  Subject to section 13 of the Act, a licence to deliver liquor expires on the date set out in the licence.

(3)  A licence holder who ceases to deliver liquor shall immediately surrender the licence to the Registrar of Alcohol and Gaming.

(4)  Subsection (3) does not apply if an application is made to the Registrar of Alcohol and Gaming to transfer the licence.

15.  A licence to deliver liquor for a fee is subject to the following conditions:

1. The licence holder shall purchase liquor only from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. as agent for another person who is legally entitled to purchase liquor.

2. The licence holder shall not purchase liquor from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. before receiving an order from a person who is legally entitled to purchase liquor.

3. An order shall include and the licence holder shall record on an order form,

i. the name and address of the licence holder,

ii. the name and address of the person on whose behalf the purchase is made,

iii. the kinds and quantities of liquor to be purchased, and

iv. the residential address where the liquor is to be delivered.

4. The licence holder shall deliver the liquor to a person at the residential address listed in the purchase order referred to in paragraph 3.

5. The licence holder shall obtain a receipt at the time of delivery, signed by the person on whose behalf liquor was purchased or by another person who resides at the place of delivery and who is at least 19 years of age, which states,

i. the name and address of the person for whom the purchase was made,

ii. the date of delivery,

iii. the kinds and quantities of liquor delivered,

iv. the price paid for liquor purchased,

v. the delivery fee, and

vi. the name of the person making the delivery.

6. The licence holder shall not complete delivery unless the signed receipt referred to in paragraph 5 has been obtained.

7. The licence holder shall charge the following minimum fee for the delivery of liquor:

i. $6 in the municipalities of Burlington, Peterborough, Toronto and Welland,

ii. $5.50 in the municipalities of Barrie and Petawawa,

iii. $5 in the municipalities of Niagara Falls, Orillia and St. Catharines, and

iv. $4 in all other municipalities.

16.  (1)  A holder of a licence to deliver liquor shall deliver liquor on the same day that the liquor is purchased and no later than one hour following the closing of the store from which the liquor was purchased.

(2)  The licence holder and employees of the licence holder shall carry at all times during the purchase and delivery of liquor a copy of the licence to deliver liquor.

(3)  The licence holder shall retain at its place of business, as set out in the licence, a copy of each order form and receipt referred to in section 15 for at least one year from the date of purchase and delivery.

17.  (1)  A holder of a licence to deliver liquor and employees of the licence holder shall inspect an item of identification before delivering liquor to a person who appears to be under 19 years of age.

(2)  The item of identification referred to in subsection (1) shall include a photograph of the person, state his or her date of birth and must reasonably appear to have been issued by a government.

(3)  Without limiting the generality of subsection (2), the item of identification referred to in subsection (1) may include any of the types of identification listed in subsection (4).

(4)  The following types of identification are prescribed for the purposes of subsection 30 (6) of the Act in relation to the delivery of liquor:

1. A driver’s licence issued by the province of Ontario with a photograph of the person to whom the licence was issued.

2. A Canadian passport.

3. A Canadian citizenship card with a photograph of the person to whom the card was issued.

4. A Canadian armed forces identification card with a photograph of the person to whom the card was issued.

5. A photo-identification card issued by the former Liquor Licence Board of Ontario.

6. A photo-identification card issued by the Liquor Control Board of Ontario.

18.  (1)  A holder of a licence to deliver liquor shall not carry on business as a liquor delivery service under a name other than the name set out on the licence or a name authorized by the Registrar of Alcohol and Gaming under subsection (2).

(2)  The Registrar of Alcohol and Gaming may authorize the licence holder to carry on business under a name other than the name set out on the licence if the Registrar determines that the public will not be misled as to the obligations of the licence holder under the Act or the regulations.

19.  A holder of a licence to deliver liquor shall not permit free liquor to be offered or given to a customer as a prize in a contest.

20.  A holder of a licence to deliver liquor shall not directly or indirectly request, demand or receive any financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer.

21.  (1)  Subject to subsection (2), a licence holder shall not, without the prior approval of the Registrar of Alcohol and Gaming, advertise liquor or the availability of liquor.

(2)  In an advertisement, the licence holder may, without the prior approval of the Registrar,

(a) state that the licence holder is licensed by the Alcohol and Gaming Commission to deliver liquor from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. to a person’s residence;

(b) state the name of the delivery service, its address, telephone number, facsimile number and e-mail address or the name under which the licence holder is carrying on business and its delivery fees; and

(c) refer in general terms to the types of liquor available for delivery.

(3)  The licence holder shall ensure that no advertisement,

(a) promotes the immoderate consumption of liquor;

(b) conveys that liquor is offered for sale by the licence holder; or

(c) targets a person under 19 years of age.

22.  A holder of a licence to deliver liquor shall not deliver liquor to a patient in an institution listed in the Schedule or to a patient in an institution for the treatment of alcoholics.

23.  (1)  A holder of a licence to deliver liquor shall not contract out the delivery of liquor.

(2)  Despite subsection (1), a licence holder may contract out the delivery of liquor to a person who is applying to the Registrar of Alcohol and Gaming to receive the transfer of the licence if,

(a) the applicant has filed with the Registrar of Alcohol and Gaming an application for transfer and paid the required fee; and

(b) the licence holder has signed an authorization for the applicant to operate the business and has filed the authorization with the Registrar of Alcohol and Gaming.

(3)  A licence holder may not contract out the delivery of liquor under subsection (2) for a period of more than 90 days after the day the person applies for the transfer of the licence.

(4)  The authorization filed under clause (2) (b) shall state that the licence holder remains responsible for compliance with the obligations under the licence during the period that the delivery of liquor has been contracted out.

Transfer of Licence

24.  (1)  A change in ownership of a business that is described in this section is a prescribed change for the purposes of subsection 16 (1) of the Act.

(2)  A prescribed change occurs in the following circumstances:

1. A licence holder that is a sole proprietorship becomes a corporation and the former sole proprietor is the only officer, director and shareholder of the corporation.

2. A partner withdraws from a partnership that is a licence holder.

3. A licence holder that is a partnership becomes a corporation and the former partners are the only officers, directors and shareholders of the corporation.

4. A licence holder that is a corporation becomes a new corporation and the officers, directors and shareholders of the former corporation are the only officers, directors and shareholders of the new corporation.

5. A licence holder that is a corporation with a single officer, director and shareholder becomes a sole proprietorship and the single officer, director and shareholder of the former corporation is the sole proprietor.

6. A licence holder that is a corporation becomes a partnership and the officers, directors and shareholders of the former corporation are the only partners.

(3)  If a prescribed change occurs as a result of the withdrawal of a partner from a partnership, the partnership may, for the purposes of subsection 16 (1) of the Act, deliver liquor if the partnership gives the Registrar of Alcohol and Gaming written notice of the change within 30 days after it occurs.

(4)  A prescribed change occurs when a person other than the licence holder becomes entitled to any of the profits from the delivery of liquor or liable for any obligations incurred from the delivery of liquor.

25.  (1)  A change in ownership of a licence holder that is a corporation described in this section is a prescribed change for the purposes of subsection 16 (2) of the Act.

(2)  A prescribed change occurs when a person acquires more than 10 per cent of the equity shares of the corporation as a result of the issuance of shares or a transfer of shares.

(3)  In subsection (2),

“equity shares” means the shares that carry voting rights either under all circumstances or under some circumstances that have occurred and are continuing.

(4)  A prescribed change occurs when the shares of the corporation are converted into the shares of another corporation with which it merges or amalgamates.

(5)  A prescribed change occurs when,

(a) a person becomes or ceases to be a director or officer of the corporation; or

(b) a person becomes or ceases to be a shareholder of a holding company that owns a controlling interest in the corporation.

(6)  If a prescribed change occurs under subsection (5), the corporation may, for the purposes of subsection 16 (2) of the Act, deliver liquor for a fee if the corporation gives the Registrar of Alcohol and Gaming written notice of the change within 30 days after the change occurs.

26.  Section 10 of the Act does not apply to a person who delivers liquor on behalf of a manufacturer.

Transition

27.  A person who was authorized by the Liquor Control Board of Ontario to deliver liquor to the public for a fee on July 2, 2001 shall be deemed to hold a licence to deliver liquor under this Regulation until October 3, 2001 unless before October 3, 2001 that person has applied for a licence to deliver liquor in which case the deemed licence expires,

(a) on the day the Registrar issues the licence;

(b) if the applicant is served with notice of a proposal to refuse to issue the licence,

(i) on the day the time for giving notice requiring a hearing by the board of the Alcohol and Gaming Commission expires without the applicant requiring a hearing by the board in accordance with section 21 of the Act, or

(ii) on the day the board of the Alcohol and Gaming Commission holds a hearing, makes a decision or order and the decision or order has become final.

3.  This Regulation comes into force on July 3, 2001.

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