Bill 1 (Legislature 3, Session 4)

L3 S4 9820

Alberta — Bills

BILL No.1 of 1916.

An Act respecting the Sale of Intoxicatinl~ Liquor~. (Assented to , 1916.) HIS MAJESTY, by and with the advice ,8Jld consent of the L~gislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Liquor Act."

INTERPRETATION. 2. In this Act, unless the context otherwi~e requires (

a) The expresl3ion "vendor" means a person authorized by the Lieute:ni1nt Governor in Council under

section 4 hereof to sell liquor un~~r this Act; (

b) The expre&sion "vendor's premises" me~ms the ware hou,se or store in which the vendor und,er this Act is entitled to sell liquor and shall include every room, eloset, cellar, yard, stable, outho~se, shed and any other place whatsoever, a part of or belonging, or in any manner appertaining, to such warehouse or store; (

c) The expression "liquor" or "liquors" shall include all fermented, spirituous and malt liquors, ~md all com binations of liquors and all drinks and drinkable liquids which are intoxicating; and any liquor which contains more than two and a half per cent. (272%) of proof spirits shall be conclusively deemed to be intoxicating; (

d) The expres,sion " physician" or " medical practi tioner" means a member of a College of Physicians and Surgeons of the Province of Alberta; (

e) The expression "dentist" shall mean a member of the Alberta Dental Association; (

f) The expression "veterinary surgeon" shall mean a member of the Veterinary Association of Alberta; (

g) The expression "druggist" or "chemist" shall mean a member of the Alberta Pharmaceutical Association; (

h) The expression" judge" shall mean a jUQge of the District Court for the district within which B,n offence is alleged to have been committed; (

i) The expression " court" shall mean the District Cour~ for the distIict within which an offence is alleged to have be<'l:n ponimitted; (

j) The expression "clerk" shall m~an the clerk of the District Court for the dis~rict within whic,h an offence is alleged to have been committed. 3. The expression "privat~ dwelling hOUl=ie" in t~ Act shall mean a separate dwelling with a, sep3fIl,~e door for ingre~~ and egr~ss and actuallya,~d exclusively occupied and used as a private re/Sidence.'

2 (

a) Without restri{ltipg the generality of the above definition of a private dwelling hou~e, the expres~ion "private dwell,ing house" ,shall not include or m~an and shall not be con~trued to include or mean, any house or building occupied or used or partially occupied or used as an office (other,th~ a duly regiswred physician's, denti~t's, ve~erin,a.ry S\lrg~pn's oflipe), or a,s a shop, or as a place of business, or a~ a factory, 01: a~ a workshop, or as a warehouse, or as a clubhou~, or clubroom, public hall or htJ:lI of apy socie~y or order, or a,s a boarding house, or as a lodging house where there are more than three lodgers oth~r than the members of the fami)ly, or as a livery stable, or at'! an inn,taver)l, hotel or c~th~r house or pJace of public entertainment, or any house or buildings the rooms or compartments in which are leased to different persons, ,or any buildingl!! or house mentioned in

section 48 :of this A,ct, or any house or building where for money or other valuable consideratijJn any gpods or ehattels are kept for sale or sold, or m~als giv,en or lodging provided, nor shall it include or meJ:l.n to be co;nstru~d to include or mean any house or building connected by a doorway or covered passage or way of in'ternalcommupication, excep't by telephone with any place where liquor is author ized to be sold under .this Act, or with a,ny oJffi.ce, except a duly registered physician's, dentist's, a veterinary sur geon's office, or with any place of business, fadory, ware house, workshop, c~ubhouse, clubroom, hall before men tioned, boarding house or lodging house as aforesaid, livery stable, inn, tavern, hotel or other house or plaee of public entertainment or resort or with any house or building mentioned in

section 47 of this Act. 4. The Lieutenant Governor in Council may from time to time, appoint suitable perf'ons as vendors who shall keep such liquors as are required for medicinal, mechanical, scientific and sacramental purposes only, in accordance with and as permitted by this Act. 5. No such vendor shall have any interest in the liquor sold by him, or shall derive any profit therefrom, but the profits derived from the sale shall accrue to the benefit of the province and shall form a part of the consolidated revenue of the province. 6.

The Lieutenant Governor in Council shall fix the salary to be paid such vendors, and from time to time and not inconsistent with this Act shall prescribe the duties of such vendors and the price for which such liquor shall be sold. 7. The Lieutenant Governor in Council shall, from time to time, not inconsistent with this Act, prescribe the manner in which vendors maY sell liquors under this Act and make such other regulations as may be deemed neeessary and requisite for the proper administration and cJltrrying out .of this Act. . 8.

Every vendor who shall viol,ate any of the provi,sions of this Act shall be guilty of an offence, and on

summary conviction thereof, be liable for every offence to a penalty of not le~s than two hundred dollars and not more ,than five hundred dollars, and in default of paymeIllt forthwith after copviction, imprisonment for not lesf! than three months nor more than six months.

3 9. Every vendor convicted of an offence under this Act shall, in' addition to all other penaltie~ herein provided, forfeit hi,s right to be a vendor, and shall be disqualified from holding the position of vendor under thi~ Act for a period of three years next succeeding conviction. 10. Every vendor and every clerk, servant or agent of such vendor who sells liquor in any other place or at any other time or in any other quantities, or sells liquors other wise than as authorized by this Act, shall be guilty of an offence under this Act. 11.

A vendor may sell alcohol for mechanical or scientific purposes, but no sale shall be made except upon the affidavit of the applicant, duly signed and sworn before the vendor, which affidavit shall be in a form prescribed by the Lieu tenant Governor in Council, and which shall set forth that the alcohol is required for mechanical or scientific purposes only, stating how and where the same is to be used, and that the same is not intended to bl~ used as a beverage or to be mixed with any other liquid for use as a beverage, or to be sold or to be given away tl[) any other person, and that it is intended only for the applicant's own use and that the applicant is orler .twenty-one years of age and such affidavit shall also set forth t;he quantity desired, and no more than one sale and one delivery shall be made on one affidavit. 12.

A vendor may sell to a druggist such liquor as a druggist is authorized to sell under this Act not exceeding in quantity five gallons at anyone time, but no such sale shall be made except upon the affidavit of the druggist, duly made before such vendor, which affidavit shall be in a form prescribed by the Lieutenant Governor in Council, and shall set forth that the said liquor is required only for pUrposes authorized by this Act, and shall sta,te how and where the same is to be used, and that the :same is not intended as a beverage nor to be mixed with any other liquid for use as a beverage, or to be sold or l~iven away, otherwise than as permitted by this Act, and which affidavit shall also set forth the quantity desired, and no more than one sale and one delivery shall be mr~de on one affidavit. 13.

A vendor may sell to a physician such liquor as under this Act the physician is entitled to have in hi8 possession, hl~tno such sale shall be made except upon 1~he affidavit of the physi,cian, duly signed and sworn before said vendor, whi~h affidavit shall be in a form pres.crib,ed by the Lieu tena~t Governor in Council, and shall set forth that the said liquor is required qnly for purposes authorized by ~his Act, and shall state how and where the same is to be used, and that the same is not intended as a beverage or to be mixed with any other liquor for use as a beverage, or to be sold or given away, otherwil'le than aj'! permitted by this Act, and which affidavit shall also set forth 'hhe quantity desired, and no more than one sale and one delivery shall be made on one affidavit. 14.

A vendor may sell liquor to a dentist personally who is lawfully and regula~ly engaged in the practice of his profession, for use in his profession only, but not in a greater quantity .than one pint at one time, and to a

4 veterinary surgeon who is lawfully ~~d regularly engaged in the p~~ctice of his profession, for use in his profession only, but not in a greater quantity than one gallolll at one time, but no such sale shall be made except upon an affidavit of the dentist or vete,rinary surgeon, similar to that required from a physipian, and no more ,than one sale and one delivery shall be made on one affidavit. 15. A vendor may sell wine for sacrament'al purposes, but only to a mi;nister of the Gospel, a;nd only upon the written ,request of' the said minister stating the purpose for which it is requir~. 16.

Every such affidavit, prescription or request shall be retained on file by the vendor until the last day of the month next after that of its receipt, and the vendor shall permit the s;.tme to be inspected by any person who applies to him for that purpo,se. 17.

Every vendor, druggist and physician shall keep or ca:use to be kept in a book to be k,ept for that purpose an accurate record of every sale or other disposal made by him, his' partner, his clerk, servants oragenti3 of any liquor under and forming an ingredient in any pre~icription, and of any wine sold for sacrament~l purposes, and of each sale of any liquor or/alcohol made by him, his clerk, servant or agen,t for mechanical or scientific purposes, and such record shall be made before the delivery of such liquor, and shall show the time when, the nam,e and address of the person to whom sold, the name of the clerk" servant or agent by whom the sale was made, the kind and quantity sold, and the prescription or request under which the sale is made, and, in default of such sale or disposal being so placed on record, every such sale shall be held to be a contravention of the provisions of this Act. 18.

Every vendor, druggist and physician shaH on the last day of each and every month next after tha,t of the sale send to the Attorney General of the province all ~uch affidavit~, prescription and requests, together with a copy of the record m,entioned in the preceding

section of this Act for the preceding mOllth not previously returned, verified by his affidavit attached thereto, and such affidavit shall state that no sales were made during such months save those mentioned in the said copy of the record sent to the Attorney General.

(1) In addition to the above every druggist and physician shall keep a record of all liquor purch~sed or received by him, and on the first day of each and every month send to the Attorney General of the province a copy of the said record for the preceding month verified by his affidavit attached thereto, and such affidavit shall state that no purchases of liquor were made and no liquor received during such month save those mentioned in the said copy of record. 19.

Every vendor, druggist and physician who fails to make the returns required by this Act, or who refuses to allow any affidavit, prescription, request or record required under the provisions pf ~his Act to be inspected where so provided herein without charge by any person, shall be guilty of an offence under this Aot.

5 20. No vendor, or druggist, and no partner, clerk, agent or servant of ,such vendor or druggist sh,allallow any liquor so. sold to be consumed or drunk within or-upon the premises upon which ,the sale is made. 21. Every distiller, brewer or other person licensed by the Government of Canada to manufac~ure any liquor mentioned in

section .twenty-six (26) hereof, and any vendor who makes or uses or allows to be m:ade or used any intern.al com~unication between the premises in which he' is entitled to carryon the busin~s of manufacture or sale of any liquor and any other premises, except by means of electric telephone or telegraph, shall be guilty of an offence and liable to a penalty of fifty dollars for every day during which such communication exists, and in default of payment to one month's imprisonment for each day as aforesaid. 22.

No sale or other disposal of liquors shall take place on, out of, or from any vendor's premises to any person or persons whomsoever, nor shall such licem:ed premises be open for such sale from or after the hour of five o'clock on Saturday night until seven o'clock on Monday morning thereafter, or from six o'clock at night until seven o'clock in the morning on the other nights of the week. PROHIBITIONS AND REGULATIONS. 23.

No person shall, within the Province of Alberta, by him,self, his clerk, servant o,r agent, expose or keep for ,.s~le or directly or indirec,tly or upon any pretence or upon ~ny devic~ sell or barter or offer to ,sell or barter or, in consideration of the purcha,se or tran,sfer of any property or thipg, or for any other con~ideI'ation, or at the time of the transfer of any property or thing, give to any other person any liquor except as aU,thorized by thi~, Act.

(1) Provided that the provision,s of this 8ection shall ,not pr!3vent any chemist or druggi~t, duly registered as such, from keeping, having and, subject to th,e further provisions of this section, selling liquoI:s for strictly medi cinal purposes; but no such sale for medicililal purposes shall be made except under a bona fide pre,scription from a registered practitioner on which pre,scription no more than one sale of liquor shall be made, and unless such sale is recorded as provided by this Act: Provided further that any qualified druggist may sell to any person any combination of alcohol with any drug made according to any formula of the British or United States pharmacopceia: Provided always that no person authorized to sell liquors as provided by this

section shall allow any liquors sold by him on his premises to be consumed wj.thin his shop or the p~emises of which the shop forms a part.

(2) Any .chemist or drugg~st who colourably for m~dicinal purpos.es sells liquor~,to b~ consumep. by B;fJ.y p~rson as a beverage sh~ll on .summ)try conviction thereof be li,able to a penalty for the first offence of $200 and in default of immediate payment to imprisonment for a term of three months, and for any ,Subsequent offence to imprison ment for not less than four months and not more than

6 six months without the option of a fin~, and iln addition shall be di,squalified from selling liquors under the provisions of this Act for a period of 'one year. 24. No person within the Province of Alberta by himself, his clerk, servant or agent shall have to keep or give liquor in any place wheresoever, other than in the priva,te dwelling house in which he resides, except as authorized by this Act.

(1) This

section shall not prevent any person engaged in mechanical business or in scientific pursuits from having in his possession alcohol for mechanical or scilentific pur poses, as the case may be, in a quantity not exceeding ten gallons at one time, but the alcohol used in the preser vation of specimens for scientific purposes shall not be included in said ten gallons, and shall not prevent any clergyman from having in his possession a quantity of wine for sacramental purposes not exceeding two gallons at anyone time; but such person in this subsection men tioned so having in his possession such liquor shall not allow same to be used or consumed as a beverage.

(2) Nothing in this

section shall prevent an incorporated public hospital from having liquor in its possession for the use of the patients in such hospital, but no mana~;er, matron, or other officer of said hospital, and no physici:!l.n or nurse in attendance thereat shall give any of said liquor to any person other than a patient in said hospital J1 and then only when prescribed for or administered by :a physician at'! provided by

section 32 of this Act.

(3) Nothing herein contained shall prevent a sick person from havi;ng in hi~ room where he sleeps the liquor prescribed for him by a physician under

section 31 of this Act, but no liquor ,so prescnbed sh,all be given by the: physician~ nurse or other attendant to any other perS(>lll than the sick person for whom it has been so prescribf~d. 25. Nothing in

section twe;nty-four (24) h~reof contained shall apply to sales upder e?Cecution or other judicial proc~s to Il:llY vendor Wider this Act or to S;RI~ by a~gnees in bankruptcy or in~olven~y to such vendor, provided that the stock of liquor i~ not broken for the purpose of such sale, and nothing in

section twenty-fom (24) con tained $hall prevent common c~rriers or other perso:qs from cp,rrying or conveying liquor from a place outside of the province to a place where the same may be lawfully received and lawfully kept within the province, or from a place where ,such liquor i#3 lawfully kept a;nd lawfully delivered within the province to a place outside of the province, or from a place where such liquor may be lawfully kept and lawfully delivered within the province to another place within the province where the same may be lawfully received and lawfully kept, or through the province from one place outside of it to another place outside of it, but no person during the time such liquor is being carried <>r conveyed as aforesaid shall open or break or allow to be opened or broken any package or vessel containing the same, or sell, give, or otherwise dispose of any of said liquor to any person other than the consignef~ thereof. 26.

Nothing herein contained shall prevent H,ny brewer, distiller or other person duly licensed by the Government of Canada for the manufacture of spirituous" fermented

7 or other liquors, from keeping or having liquors manu factured by him in any building wherein such mlmufacture is carried on, provided such building forms no part of and does not communicate by any entrance with .any house or building mentioned in

section three (3) of this Act, including the subsection thereof, or from sellling liquor therefrom to a persoll in another province or in a foreign country or to a vendor under this Act. 27. Nothing herein contained ,shall prev,ent any person from having liquor for export sale in his liquor warehouse provided ~uch liquor warehouse and the busi;ness carried on therein complies with requireme;nts in spbsection (1) hereof mentioned, or from selling from such liquor ware house to persont'l in other provinces or in foreign countries, or to a vendor under this Act.

(2) The liquor warehouse in this

section mentioned shall be .suitable for the said business, and,shall be so constructed and equipped as not to facilitate any violation of this Act, and not connected by any internal way or comIlO.unication with any other building or any other portion of' the same building, and shall be a wareroom or building wherein no other commodity or goods than liquor for export from the province are kept or sold to such vendor, and wherein no other business than keeping or selling liquor for export from the province is carried on. 28.

No person shall use or consume liquor in the province purchased and received from any person within the pro vince, unless it be purchased and received from a vendor. This

section shall not apply to any person who within a private dwelling house innocently uses or consumes liquor not thus purchased and received. 29. For the purpose of evidence every brewer, distiller or other person licensed by the Government of Canada, and mentioned in

section twenty-six (26) hereof, and every liquor exporter mentioned in

section twenty-seven (27) hereof. who makes a sale of liquor in the province shall immediately enter in a book to be kept for that purpose the date of such sale, the person to whom such sale was made and the person or carrier to whom the same was delivered for carriage; and the failure of such person to make, keep and produce as evidence the said entry and record of such sale, shall, in any prosecution under !this Act of such person for illegally making such a sale of liquor, be prima facie evidence against such persoll of having illegally sold such liquor. 30.

No person shall by himself or his partner, servant, clerk, agent or otherwise, sell or deliver liquors of any kind to any person not entitled to sell liquor (and who sells such liquor or who buys for the purpose of re-selling), and any violation of the foregoing provision shall be an offence under this Act, and no person shall take or carry or employ or suffer any other person to take or carry any liquor out of any premises where the same is lawfully kept for sale for the purp~se of being sold in the province by any person except a vendor. 31.

No person shall consume any liquor in or upon any vendor's premises nor in any liquor wareh.ouse men tioned in

section twenty-seven (27) hereof, nor in any

8 distillery or brewery mentioned in

section twenty-six (26) hereof, and no person shall purchase any liquor from any person who is not authorized to sell the same for con sumption within the province, and no person who purchases liquor shall drink or cause anyone to drink or alliow such liquor to be drunk upon the premises where the same is purchased. 32.

Any physician who is lawfully and regularly engaged in the practice of his profession, and who shall deem any intoxicating liquors necessary for the health of his patients, may give such pati~nt or patients a written or printed prEfscription. therefor, or mBty administer the liquor himself; for which purpose he may have liquor in his possession not exceeding in quantity two quar~s at anyone time when in the discharge of his professional duties; but no such prescription shall be given or liquors adm.inil'3tered, except in cases of actual need, and when in the judgment of such physician the use of liquor is necessa.ry.

And every physician who shall give such prescription or ad m.inister such liquors in evasion or violation of this Act, or who shall give to or write for any person a prescription for or including intoxicating liquor for the purpose of enabling or assisting any person to evade any of the pro visions of this Act, or for the purpose of enabling or assisting any person to obtain liquor for use as a beverage, or to be sold or disposed of in any manner in violation of the provisions of this Act, shall be guilty of an offence under this Act.

(2) Any dentist who is lawfully and regularly engaged in the practice of his profes!5ion, and who shall deem it necessary for any patient being then under treatment by him that such patient should have a drink of liquor, may himself administer to such patient the liquor thus needed, and for such purpose he may keep in his office a quantity of liquor not exceeding one pint at anyone time, and every such dentist who shall administer such liquor in evasion or violation of this Act shall be guilty of an offence against this Act.

(3) Any veterinary surgeon lawfully and regularly engaged in the practice of his profession, and who shall deem liquor necessary for the health of dumb animals, may have in his possession liquor for such purpose, not exceeding, however, in quantity one gallon. 33. No person shall sell or give liquor to any person under the age of twenty-one years except a vendor or the father, mother, guardian or physician of such minor, and these only for medicinal purposes and pursuant to a pre~cr~ption from a physician. 34. A vendor shall s~l for cash only. 3S.

U any vendor harbours or entert,ains, or knowingly suffers to remain on his premis~s where such liquor is .sold or kept for sale, any constable or p~ace offic,le,r during any part of the time during which sucJ! constapl~ o:r peace offic~r ought to be on duty, unleE'!s for the purpo,se of k.eeping or restoring order, or in the execution of his duty, OJr supplies

9 any liquor or refreshment whatever, by way of ,pft or sale, to any constable or police offi,~er on duty, he shan be guilty of an offence again,st this Act. 3G.

If any person permit drunkenne~s or 8,ny violent, quarreJsome, riotouF' or disorderly conduct, ar~ing from drunkenne.s!3, to take place in th~ house or on the premises of which he is owner, tenant or o,ccupant, or ,pves ,any liquor tp any drunken person, or permi;t or sWier any drunken person to consume any liquor in said house or on ~aid premises, or permit or suffer drunken p~rsons to meet in s,u.d house or on said premi,s~s, he shall be guilty of an offenc~ against this Act, and, in addition to any other punishment provided by law, be liable to the penalty provided by this Act therefor. 37.

Every society, 8,ssociation or club heretofore or hereafter formed or incorporated, and ,every unincorporated society, association or club, and every member, officer or servant thereof, or person resorting thereto who sells or barters or therein gives liquor to any member thereof or to any other person, and every person who directly or indirectly keeps or main,tains by himself or by associating or combining with any other or others, and who in any manner aids, assists or abets in keeping liquor in any clubhouse, club or association room or hall or other place for the purpose of use, gift, barter or sale as :a beverage, or for distribution or division among the members of any society, club or association by any means wh:!ttever, and every person who barters, sells or gives away or assists or abets another in bartering, selling or givin~: away any liquor so received and kept, shall be held to haNe violated

section twenty-three (23) of this Act, and shall incur the penalties provided for the unlawful sale of liquor.

(2) The keeping pr having any liquor in the house, hall orbuildiJlg, or in apy room or place occupied or controlled by any such club, association or society, or by :my persons associating or combining together as aforesaid" shall be a violation of

section twenty-four (24) of this Act. (3) 'Proof of consumption or intended consumption of liquor in such premises by any member of any such club, association, or society, or person who resOlrts thereto, shall be conclusive evidence of sale of such liquor by the officers thereof, and any liquor found on sueh premises shall be liable to seizure in the manner provided by this Act. 38.

If the occupant of any private dwelling house or of any part thereof is convicted of any offence :against any of the provisions of this Act committed in OlL in respect of such house the same shall cease to be a private dwelling house within the meaning of this Act during the time the person so convicted occupies the said house or any part thereof. 39.

Whenever any person has drunk liquor to excess, and while in a state of intoxication from su.ch drinking has come to his death by suicide or drowning, or perishing from cold or other accident caused by such intoxication, the person or persons who furnished or gave the liquor to such person when in a state of intoxication, or on whose premises it was obtained by such intoxicated person while

10 intoxicated, shall be liable to an action for II. wrongful act and as a personal wrong, and the amount which may be recovered as damages shall not be less than one hundred dollars nor more than fifteen hundred dollars. PENALTIES. 40. For every offence against this Act or any of the pro visions thereof, for which a penalty has not been specially provided by this Act, the person committing the offence shall be liable on

summary conviction to a penalty for the fi:tst offence ofnpt le~ than fifty dollars nQr more than one hundred dollars, and in default of immediate payment to imprisonment Jor a period of pot less _ than th41;y days nor more ,than two months, ~d for the second offepce ,to ,a penalty of not less than $200 nor more than $500, and in default of immediate p,aym~nt to imprison ment for a term of not le~s than two months nor more than four months, and for any subseql\ent offence to imprisonmf:(nt for not less than three months nor more than six mon1;hs, without the option of a fine. PROSECUTION~. 4:1.

In all cases of pro~ecution for any off~p.ce against any provisions of this Act for which pen,alty or ,pup.i,shmep.t is prescribed, ~ conviction or order of the justice, justices or police magistrate, as the case IDItY be, except as herein after men14one.d, shall be final and cpnclusive, and, except as hereinafter mentioned, against such conviction or order there' shall be no appeal. '

(2) Subject to the provisions contained in the: following subsection hereof, an appeal shall lie to ,a judge of the District Court of the district in which the lwnviction is m~de, without a jury in all ca~es where the person con victed is a vendor or druggist, ,'or the conviction is for any offence committed on or with respect to a, vendor's or druggist's premises, provided a notice of such appeal sq,all be given ,to the pros~cutor or complajpant wi,thin five days after the date of the ~d conviction.

(3) The person convicted, in c~e he is in cu~ody, shall either remain in custody until the hearing of such appeal before the Elaid judge, or (where the penaLty of imprison ment with or without hard labour is adjudged) shall enter into a recognizance with two sufficient ,sureties i,n the sum of $200 each, before ~he convicting justice, justice" or police magistrates cond~tioned personally to appear before the said judge and to try such appeal and abide his judg ment thereupon, and to pay such costs as he may order, and in ca,se the appeal is against a conviction whereby only a penalty or sum of money is adjudged to be paid, the appellant may (although the order directs imprisonment in default of payment) instead of remaining in custody as aforesai~ give such recognizance as aforesaid, or may deposit with the said justice, justices or police magistrates eonvicting, the amount of the penalty and COSliS, and a further sum of' $25 to answer the respondent's costs of appeal.

(4) Upon such recognizance being given or deposit made, the said justice, justices or police magistrates shalll liberate such persons, if in custody, and shall forthwith deliver or transmit by registered letter postpaid, the depositions

11 and papers in the case, with the recognizance or deposit, as the case may be, to the clerk of the District. Court of the district wherein such conviction was held, or to such other persons as may be under the provisions oJi any law, order, rule or reg;U,lation, be ex~cising the fUJ[lctions of clerk of the DistIjct Court.

(5) The appellant shall pay to. such cl~;rk for his attend ance and ~rvicefl in connection with such appea,l the sum of $1.00, and the same may be taxed as costs in the cause.

(6) An appeal shall lie to the judge of the District Court of the district in which an order of dismissal is made, without a jury, in all cases in which an ord~r ha.s been made by a ju~tice, or justices dismissing. an information or compl1l.int lltid by an inspector or f!.nyone on his behalf, for contraventi9n of any of .the provisions of this Act, provided notice of such appeal has been given to the defendant or hi.s solicito,r within fifteen days after the date of such order of dismif3Sal. (7) .

Within ten days after service of the notice of appeal the judge shall grant a summons calling upon the defendant and the jU1'lt~ce or justices making the order to 1'Ihow C1l.use why t.he order of dismissal shouJd not be reversed and the case reh,e;trd.

Upon the return ~f the summo~ the judge, upon hearing the partie,l'l, may either affirm or qUlj.sh the order, or if he think~ fit, may hear the evidenee of, such other witnesj3es as may be produced before him, or the further evidence of any wi~:ne~es already examined, or may make an orde.r affirming the order of dismissal, or may reverse such order .and convict the defendant and may impose such fine and co.s~s or o~herpenlllty as is provided by this Act, a;nd the order so made shall have the same effect 'and shall be enforced in the ,sarile manner as is provid,ed in the case of convictions before magistrates under this Act.

(8) The practice and procedure upon such appea4; and all the proceedings thereon ,shall thenQeforth be governed by the 'provisions of

part 15 of The Criminal Code or any Act Pat3sed in amendment or substitu~ion thereof, so far as the same is not incop's~s~ent with th~ Act: Provided no such conviction or order as aforesaid shall be removed by certiorari except upon .the groundt~a.t an app~al to the court to which an appeal is by law provided would' not afford an adequ3:~e remedy: And provided further that no wri,t of certiorari shall ~.Sue for. the purpose of qU~,shing any conviction for any violation or contravention of ,any of the provisions of this Act unless the party applying therefor shaH produce to the judge to whom the application is made an affidavit th.at he did not by himself or by his agent, servant or employe,e, or any other person with his knowledge or consent, commit the offence charged in the information; and such affidavit shall negative the charge in the terms used in the information; and shall further ne,gative the commi~sion of the offence by the agent, servant 0Jr employee of the accused, or any other person with his knowledge.

(9) An appeal by an inspector, or other prosecutor, shall lie to the Supreme Court of Alberta en banc from the decision, judgment or order of any judge of a District Court upon an appeal from any conviction or order made in a case arising out of or under this Act in which conviction

12 or order h~ been quashed or set aside upon the ground directly or indirectly of the invalidity of any Ordinance or of any Act or Acts of the Legislature of this province, or of ,any part thereof or from the decision, judgment or order of the judge of a District Court in any other case arising out of or under this Act; such appeal sh:all be had upon notice thereof to be given to the opposite party of his intention to appeal within eight days after such judgment, decision or order has been made, and in the case of such appeal, the clerk of the District Court, or such other person as may under the provisions of any law, order, rule or regulation be exercising the functions of clerk of the District Court, shall certify the judgment, convictions, orders and all other proceedings to the registrar of the Supreme Court of Alberta for use upon appeal.

The said court shall thereupon hear and determine the said appeal, and shall make such order for carrying into effect the judgment of the court atl the court shall

(10) No appeal shall lie by any perJ30n convie,ted of an offence under ,th~ provisions of .thifl Act unlesl' the party appeali.ng ,shall, within the time limit~d for gIving notice of such appeal, make an affidavit before the ju~tice or one of the justi~es or police magistrates who tried the cause, that he did not by himself or by his agent, servant or employee, nor did any other person with his knowledge or consent commit the offence charged in the information; and such affidavit shall negative, the charge in the terms u~ed in th~ information; and shall further ne~~ative the commission of the offence by the agents, servant or em ployee of the ,accused or any other person with his knowledge or cons~nt; which affidavi~ shall be transmitted with the conviction to the court to which the appeal is f~iven.

(11) Any jus~ice making a conviction for any violation or contravention of any of the provisions of this Act shall not transmit the conviction to the court to which an appeal is given unless and until the affidavit required by this

section has been made and deposited with sUi~h justice within the time limited by this section; any notice of appeal .or other proceedings respecting appeal which may be given or taken shall be absolutely null and void and of no effect whatever; and the justice shall proceed in respect of such conviction as if no such notice of appeal had been given or proceeding taken.

(12) Upon notice being given of appeal from a conviction for an infraction of this Act, a consequence of which con viction is that the person is disqualified from selling liquor for any period of time, and upon the affidavit required by this

section being made and deposited as provided, the Attorney General may apply to the court to which such appeal is made to expedite the heftr~ng of the said appeal, and to fix the t~me and place for the disposal of the said appeal as to it may seem p~oper. 42. Several ch~ges of contravention ,of tpis Act com mitted by the ,same' person may ,be included in one and the same information or complaint; provided 1;pat such information and complaint and the summons I o)r warrant issued ~hereon contains 'th~ time and plac:e of each con traventIOn. 43. The c:le~cription of any offence under tjlis Act in the words of this Act or in words of like effect, shall be

13 sufficient in law; and any exceptiop., exemption, proviso, excuse or qualific,atiqn, whether it d~s or dO~1 not accom Dany the description of the offenqe in thifl Act, may be proved by the 4efenpant, but need not be spepmed or negatived in the information; b:ut, if it be so specified or negatived, ;no proof in relation to the matter so, specified or neglttived shall be requir,ed on the part of the informant or complainant. 44.

In describing offences respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing, receiving or the consumption of liquor, in any information, summoILS, conviction, warrant, or proceeding under this Act, it' shall be sufficient to state the /Sale, or keeping for sale or disposal, having, keeping, giving, purchasing, receiving or consumption of liquor simply, without stating the name or kind of such liquor, or the price thereof, or the name of any person to whom it was sold or disposed of, or by whom it was taken or consumed, or from whom it was purchased or received, and it shall not be necessary to state the quant,ity of liquor so sold, kept for sale, disposed of, had, kept, given or consumed, except in the case of offences where t.he quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. 45.

In any prosecution for the violation of any of the provi~ions of thifl Act, in th~ event of any varianpe between the informatipn and the evidence adduced in support ther~f, the justice or justi(jes hearing the case may amend such information and may substitute for the otiepce cha.rg~d th~rein any .otp.~r offence against the provisio~ of. this Act, but ~f it appears that the person charged has been materially misl~d by suph variance he shall be granted an adjournmeIl,t of the hearing if he applies therefor. 46.

Any pe;rson summoned as. a party Ito, or as a witness in any proceeding upder thi~ Act may, by the summons, be required to produce ,at tpe time and p1ltce appointed for his atwndance, ,~ll boo~ and any papers,accounts, deeds and other documepts in hi~ ppss~~ion, cu~tody or control relating to ,any matter con,nected with the said proceeding, and shall be liable to the same penalties for nonproduc,tion of ,I}uch books, papers or documents as he would incur by refu~al or neglect to attend pursuant to such summons, or to be sworn or answer any question touching the case. 47.

In any prosecu~ion or proceeding under this Act, in which proof ts r~quired of the authority of the vendor to ,sell liquor, a certificate under the hand of the chief insp~ctor or Attorney General ,shall be prima facie proof of the said authority; and the production of suc:h certificate shall be sufficient prima facie evidence of the facts therein stated, and of the authority of the chief inspector or Attorney General without any proof of his ll~ppointment or signature. 48.

Any house, shop, room or other place in which it is proved that there exists a bar or counter or beer pumps or kegs, jars or decanters or tumblers or glasses or any other appliances, perparations, or utensils, similar to those usually found in hotels and shops where liquors

14 ~e acc-qstompd to be sold or trafficked, it spall be deemed to be a place in which liquor~, are kept or had for the purpose of being, sold, bartered Qr trade~ in, in contra ve,ntion of this Act unless the contrary i13 proved by the defendant in any prosecution, and the occupap.ts of such house, shop, room or other place shall be ta)ien to. be the person who has or keeps therein such liquors for sale, traffic or barter therein. 49.

In proving the sale or disposal, givipg, purcha,sing or receiving gratujtoul'ly or otherWise, or consumption of liquor for the purpqseof any ,proceeding ,relative to any Qffence under thi~ Act, it spall nQt be ,necessary ,1GQ shQW tha~ any money actually pa,ssed, or any liquor was :actually cpnsumed, if the judge Qr magi.strate 0.1' justice Qr justices hearing the ca!3e il' or are ,sl'ttisfied that a transal[ltion in the na;ture of a sale or other diI3PQflal,giving, p,urchasing or receiving actllally took place or tha~ any consumption of liquor was about to take place; and proof of consumption or intended consumption of liquor on premil'les on which such consumption is prohibited, by some person not authorized to. consume liquor thereon, shall be evldence that such liquor was sold or given to the person consuming, or being about to consume, or carrying away the same, as against the occupant Qf the said premises. 50.

The occupant of any house, shop, room or Qther place in which any sale, barter or traffic having, keeping or giving liquor, 0.1' any matter, act or thing in contra vention of any of the provisions of this Act, ha-s taken place, shall be personally liable to the penalty and punish ment prescribed by this Act, nQtwithstanding such sale, barter or traffic, having, keeping, or giving be made by SQme Qther perSQn who. cannQt be prQved to. have SiO acted Qn, under 0.1' by, the directiQns Qf such Qccupant, and proof of the fact of such sale, barter or traffic, having, keeping' 0.1' giving, 0.1' Qther act, matter 0.1' thing by any person in the emplQy Qf such Qccupant, 0.1' who. is suffered to be 0.1' remain in 0.1' UPQn the premises Qf such occupant or to act in any way for such Qccupant, shall be prima facie evidence that such sale, ba,rter, traffic, having, keeping or giving 0.1' other act, matter 0.1' thing tQok place with the authority and by the direction of such occupant. 51.

The burden Qf prQving the right to. have 0.1' keep 0.1' sell or give liquQr shall be on the person ammsed of imprQperly 0.1' unlawfully having 0.1' keeping 0.1' selling 0.1' giving such liquQr. 52. In any prosecutiQn under this Act in respect Qf any sale, purchase, disposal, giving, having, keeping or receiving Qf liquQr it shall nQt be necessary that any witness depose directly to the precise description Qf the liquQr SQld, purchased, disPQsed Qf, given, had, kept 0.1' received, or the precise cQnsideration, if any, therefor. 53.

In any prosecutiQn under this Act, whenever it appears that the defendant has dQne any act Qr been ,guilty of any omission in respect Qf which, were he nQt duly authorized under this Act, he would be liable to some penalty under this Act, it shall be incumb€~nt upon the defendant to prove that he is duly a~thorized under thJ.s Act and that he did the said act Il'twfuUy.

15 M. If, in the prosecut,ion {Qf ,ap.y person chalrged with committing an offence against any of the prov~ions of this Act in the selling or k~eping for .sale or giving or having or purchasing or receiving of liquor, prima facie proof is given that such person had in his possession or charge or control any liquor in respect of, or concerning which, he is being prosecuted, s.uch perso,n shall be obliged to prove that he did not commit the offence with which he i~ so charged. 55.

The fact of ~ny person, not being a vendoll, keeping up any sign, writing, printing or other mark, illl or near to hil3 house or premises, or having such house fitted up with a bar or other place containing bottles or casks displayed so as to induce a reasonable belief that liquor may be lawfully purchased in such house or premises, or thjtt liquor is sold or served therein, or that there is on such premises more liquor than is reasonably required for such person and his family, not exceeding one quart of spirits and two gallons of malt liquor, shall be deemed prima facie evidence of the unlawful sale and keeping for sale and having and keeping of liquor by such person. 56.

On the trial of any proceeding, matter or question under this Act the person opposing or defending shall be competent to give evidence in such proceeding, matter or question. 57. Any contravention of any of the provi,siolils of this Act by any servant, agent or employee of a vendor shall be presumed to be the act of such vendor, but such pre sumption may be rebutted by proof of explicit instructions to the contrary by such vendor, and any such servant, agent or employee contravening any of the provisions of this Act and disobeying any such explicit instructions shall be liable on

summary conviction to imprisonment for not less than ten days or more than three months without the option of a fine. 58. In the event of an incorporated company contra vening any of the provision,s of thi~ Act the officer or agent of the company in charge of the particular premises upon which the offence is committed, as well as the said company, shall be liable to the penalties preseribed by this Act. CASES OF SEVERAL CONVICTIONS. 59. Th,e proceeding~ upon apy information for ::I,n offence again:st any' of the prOVIsions of ,this Act, in a c,~e where a previous conviction or convictions are ,charged, shall be as follows:

(1) The judge, magistrate, justice or justices of the peace .shall in the fir~tL instance inquire conce:poing such subsequent offence only, and if the accused be found guilty thereof he shall ~then and not before be asked whether he was so previously convicted as alleged in the ~~'ormation, and, if he answers that ,he was sop~eviou~ly eonvicted, h~ shall be sentenced ~cCbrding~; but, i,f he depies that he was so previously convic~ed, or does not answer such question, the judge, magistrate or jus~ice sh,all then inquire concerning such pJ;evious conviction or convictions.

(2) Such previou~ convictions shall be proved prima facie by the produc~ion of a certificate purpof'~ing ,t~ be upder the halld of the ~oIivictin,g judge, magistrn,te, justice or just~cejS of the peace, or. the Attom~y General to whol3e office the conviction has been retu.rned, without proof of signature or official character. .

(3) In the event of any conviction for any second or subseq~ent offence becoming void or defective after the making thereof by rea~on of any previous convi~ltion bei,ng set aside, quashed or otherwi~e rendered void, the judge, magistrate, justic,e or justices· of the peace by whom such s.econd or subs,e,quent conviction was made shall summon the person convicted to appear at a_ time and place to be named and shall thereupon, upon proof of the <lue service o!such summon,s if such person fajls t9 appear, or on his appearance, am~nd such second or ,subsequent conviction and 'adjudge such penalty or pun~shme:n,~ as might have been adjudged had such previous conviction never existed; . and such amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance.

(4) In case of any person who has been convicted of a contravention of any provision of any of the sections of this Act and is afterwards convicted of an offence against any other provision of this Act, such convietion shall be deemed a conviction for a second offence within the meaning of the Act and shall be dealt with and punished accordingly, although the two convictions may have been under different sections. 60.

One conviction for several offences may be made under this Act although such offences may have been committed on the same day; but the increased penalty or punishment hereinbefore imposed shall only be incurred or awarded in the case of offences committed on different days and after information laid for a first offence. 61..In addition to all other cost~ the. magistrate or just~ce shall be entitlf}d to chalge the followi.p.g su~: For making up apd forwardi,ng certificate of conviction to the chief¥1spector, the sum of fifty c.ents. CONVICTIONS AND SUBSEQUENT PROCEEDINGS. 62.

No conviction or warrant for enforcing the same or any other proc~ss or proceep.ing under this Act shall be held insufficient or valid by reason of any variance between the informat.ion anp the conviction or by rea!,!on of the punishme~t' imposed or the conviction or order ma~e being in exc~ of that which mig4t lawfully have bele:p. imposed or made or by reason of any other de~ect in form or sub.stance, provided it can be undel·stood from such conviction, warrant, proc~sf3 or proceeding that the same w~ ma,de for an offence against some provision of this Act within the jur~sdictio:p. of the judge, magistrate, justice or justices of the peace or other officer who made. or signed the same, and provided there be evidence to prove such o,ffence, and that it can be und~rstood from such conviction, warrant or process that the appropriate penalty or punishment for such offence was thereby adjudged.

17 G3.

UpQn any applicatiQn to. quash Qr set. aside any such cQnviction Qr Qrder, Qr the warrant for enforcing the same, Qr Qther processe,s Qr prQceeding, whether in appeal or UPQn habeas corpus, Qr by way Qf I~ertiorari Qr Qtherwise, the court Qr hldge to. which or to whom such appeal is made, or to which or to whom such applicatiQn has been made UPQn habeas corpus Qr by way Qf certiorari or otherwise, shall disPQs,e of such appeal Qr application UPQn the merits, notwithstanding any such warrant, excess of jurisdiction Qr defect as aforesaid; and in all cases where it appears that the merits have been tried, and that the cQnvictiQn, warrant, prQcess Qr prQceeding is sufficient and valid under this sectiQn Qr Qtherwise, and there is evidence to. supPQrt the same, such cQnvictiQn, warrllmt, prQcess Qr proceeding shall be affirmed, Qr shall nQt be quashed (as the case may be); and such CQurt Qr judge may in any case amend the same if necessary; and any convi,ctiQn, warrant, prQcess pr prQceedings,Q affirmed, Qr ,.affirmed and amended,. shall be enforced in ~hesame manner as convictionI' affirmed Qn appeal, and the costs thereof shall be recQverable as if Qriginally awarded. 64.

The ju~ge, magistr~te, justice Qr justices Qf ,the peace Qn any cQnviction of any person for an Qffence against this Act shall send fQrthwith to. the chief inspectQr a certificate qf such cQnvictiQn. 65. It shall nQt be necessary fO,r the prosecutQr in any prQceeding u~der this Act against a corpQration to prQve the Jact of incorpqration. 66.

In all prosecutions, actions or proceeding;s u,nder the prQvisiQns qf this Act agaipst a cQrporatiQn, eve~'Y I3UmmQnS, warrant, order, writ or Qther .proceeding ~y in addition to. ,any o!her manner Qf service which may be prQvided Qr authorized by law, be served Qn .such cQrpQratiQn by delivering the same to. anyQffic~r, attQrney Qr agent Qf the said corpQrat~Qn, Qr by leaving it at any place where it carries on apy business; provided that service in anY Qther way shall be deemed suffici;ent i£ the CQurt" judge/ magistrate, justice Qr justi,ces o.f the p~ace by Qr befQre whQm suc,h. s;up1mQn's, warr~nt, order, writ or other pro ceeding was issued Qr is returnable, Qr by Qr be,fQre whQm any proceeding su~sequent to. suph servjce is to be haP.

Qr taken, shall be Qf the QpiniQn that the 'service has been such as to. br~n,g thesummQns, warrant, Qrder, writ Qr Qther prQceeding to. the nQtice Qf such cQrpQr:l:l.,tiQn. 67. Whenever any corpQratiQn is cO,nvic~ed Qf any Qffen.ce against Qr under thi},!

Apt and the cQnviction adjudge/3 a p~cuniary penalty Qr cQmpens~tiQn to. be pll,id by such corpQration, or an Qrder under this Act requires ~jhe p~yment Qf a sum Qf mQney by a cQrpQr;ttiQn the court, judge, magistrate, justice or justices Qf the peace, by h~ Qr their cQnvictiQn or Qrder after adjudging payment Qf such penalty, cQmpensatiQn Qr sum Qf mQney with Qr withQut CQsts may Qrder and adjudge that in default of payment of such penalty, cQmpensatiQn Qr sum Qf mQney fQrthwith Qr within a limited time, such penalty, cQmpensation Qr sum Qf mQney shall be levied by distres,s and sale Qf the gQQd,s and chattels Qf such cQrpQratiQn.

(2) In any such case and in additiQn to. the Qther remedies prQvided hereby a copy of such conviction or order certified

18 to by any judge, magistrate, justice or jm;tices of the peace, or by the officer in whose custody the same is by law required to be kept, may be filed in the office of the cl~rk of p,he Supreme Court, and such conviption or order shall thereupop become a judgment ofsaJ.d court Rlld all proceeding~ may be thereupon taken and h,ad as on a;ny other judgment of ~~id court.

(3) Provided always that nothing i;n this

section con tained shall beconstru.ed a/3 in any way affectiing, limiting or restricting ~ny proceeding~ wh~ch otherwiae can or may by law be take:p. or had for the jnfliption of punishment by penal~y or imprisonment O,r the modes of enforcement or recovery of fines or penalties. DISrOSITION OF PENALTIES. 68. The p,enaltie,s ip, mo~ey under this Act, or any portion of them whiph may be recovered J shall be paid to the convicting judge, magi~trate, justice or justices of the peace, and shall by him be paid to the Provincial Treasurer. ,69.

All fin!¥! levied under this ~ct ,shall go to the general revenue fund. of the province, except as hereiinafter pro vided. REMISSION OF PENALTIES. 70. No judge, magistrate, justice or inspector shall have any power or authority to remit, suspend or eompromise any penalty or punishment inflicted under this Act; and every judge, magistrate and justice is hereby required to make a return of the case and pay over an fines and money immediately on receiving the same to the Provincial Treasurer. POWERS OF INSPECTORS AND OFFICER8. 71.

Police officers, policemen and constables shall have full authority to enforce any of the provisions of this Act. GENERAL PROVISIONS. 72.

While this Act is intended to prohibit and shall prohibit transactions in liquor which take pl:ace wholly within the Province of Alberta, except as specially provided by this Act, and restrict ,the cOIl,Sumption of liquor within the limits of the Province of Alberta, it shall not afl:ect a;nd is not intenped to affect bona fide transactions in liquor between ,a person in the Province of Alberta and a pers~m in another province or in a foreign country and the provisions of this Act shall be co;n.;;trued accordingly. 73.

The Liquor License Ordinance, being cpapter 89 of the Con,solidated Ordin;:tn~e!3 of 1905, and all amendments thereto, are hereby repealed. . 74. Thi~ Act spall come into force and operation on the fir.st day of July, 1916, but t4e provi~ions of this Act with rel3P~ct to tpe appointm,ep.t of vendors and all matters connectfld therewith or appertaining thereto may be r~ort,ed to, applied and followed at any time before the &aid first day of June, to take effect on and from the said first day of July, 1916.

No.1. THIRD LEGISLATURE 6 'GEORGE V 1916 BILL

An Act re,specting the Sale of Intoxicating Liquors. Receiveq and read· the First time, ' ................ . Second time. .. ..... . .... Third time .. ' ............. . EDMONTON: J. w. JEFFERY, GOVERNMENT PRINTER, A.D. 1916 Title: 1916 (3rd, 4th) Bill 1,

An Act respecting the Sale of Intoxicating Liquors

Document details

Collection	Alberta — Bills
Citation	L3 S4 9820
Type	bill
Volume / chapter	L3 S4 9820
Language	en
Format	json
Source	PROVINCIAL
Identifier	697829a3e350984e8dc5b4cff77829840574680d

Source file is stored in the law ingest library (json).