Bill 88 — Fourth Session, 16Th Legislatute. 20 . ..Elizabeth Ii the Legislative Assembly of Alberta Bill 88 An Act To Amend the Liquor Licensing Act (Legislature 16, Session 4)

L16 S4 4925

Alberta — Bills

1971 Bill 88 Fourth Session, 16th Legislatute. 20 . ..Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 88

An Act to amend The Liquor LiCensing Act HON. MR. AALBORG First Reading ............ . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 88 1971

AN ACT TO AMEND THE LIQUOR LICENSING ACT (Assented to ,1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Liquor Licensing Act is hereby amended.

Section 2, subsection (1) is amended (

a) as to clause 9, subclause (ii) by striking out the word "occasional" , (

b) by adding the following clause after clause 17: 18. "special events licence" means a licence issued under

section 63.1.

Section 15, subsection (2) is amended by adding the fol lowing clause after clause (f): (

g) special events licence.

Section 16 is amended by adding the following clause after clause (g): (

h) Canadian Forces in respect of premises approved by the Board on a permanent base. 5. The following

section is added after

section 16: 16.1 A special events licence shall be issued only to a corporation, organization, city, town or village that intends to conduct an annual exhibition, fair, combined exhibition and rodeo or other special event approved by the Board. 6. The following

section is added after

section 25: 25.1 Where licensed premises are sold or transferred and a new licence is required, the Board may, notwithstanding anything in this Act or The Liquor Control Act authorize the sale of liquor stocks on hand by the seller or 'transferor to the new licensee.

Expla natory Notes I. This Bill amends

chapter 212 of the Revised Sltatutes of Alberta 1970.

Section 2, subsec;tion (1), clause 9 subclause (ii) presently reads: 9. "dining ,room" means (ii) such other parts of a hotel, inn, restaurant or railway ·car as are deemed by the Board to be suitable for occasional use as an additional dining area; New ,type of Hcence.

Section 15, subsection (2) presently reads:

(2) A licence may be of anyone of the follOowing classes: (

a) beverage room licence; (b)be·er vendor's licence; (

c) club Licence; (

d) canteen licence; (

e) dining lounge licence; (

f) Lounge licence.

Section 16 presently reads,: 16. A dining lounge .licence or lounge licence shall be Lssued ,only to (

a) a person of g'Ood reputation and character who is 21 or more years of age, a Canadian citizen or British subject and resident in Alberta for at least one year before the date 'Of application, or (

b) a partnership of which each 'Of the partners is qualified as prOo vided in clause (a), or (

c) a railway co,rporation in respect of its hotels, trains or resort golf club houses, or (

d) a corporation that owns and operates hotels in connection with a railway and mOore than half of the st'Ock of which is owned by a railway corpOoration, or (

e) amy 'Other c'OrpOoration that is incorporated or authorized to carry 'On its 'business in Alberta under the laws Oof Alberta, and of which a majority of the dir·ectol'ls are, and the officer or Blgent who is in charge of the premises to be licensed is, personally qualifi.ed as pro-vided in clause (a), or (

f) a city or town that operates a public dining room and the officer or agent who is in charge Oof the premises tlo be licensed is per sonally qualified, as provided in clause (a), or (

g) an airlinecorp,oration in respect of its aircraft while on com mercial passenger fLights. 5. Issue of special events licence. 6. Permits sale of liquor stocks when premises are soLd.

Section 36 is struck out and the following

section is substituted: 36. Every beverage room licence, beer vendor's licence and special events licence issued under this Act is subj ect to all the conditions and restrictions imposed by this Act and the regulations.

Section 55 is amended by striking out subsection (2).

Section 57, subsection (1) is amended by striking out the words "armed forces" and by substituting the words "Canadian Forces". 1 o. The following

section is added after

section 60: 60.1 Notwithstanding sections 60 and 61, the Board may, in its discretion, restrict the authority of the dining lounge licence to the purchase and sale of beer and wine or either of them only for consumption in the dining room with meals, by persons who are not disqualified under The Liquor Con trol Act from consuming liquor. 11. The following sections are added after

section 63: Special Events Licence 63.1 On application therefor being made in the prescrib ed form and on payment of the prescribed fees and on compliance with this Act and the regulations, the Board may issue to a corporation, organization, city, town or village a special events licence. '63.2 A special events licence is authority for the licensee named therein to purchase beer of such maximum alcoholic strength as may be prescribed by the Board, from the Board and to have and to sell it by the glass or open c'Ontainer to persons not disqualified under The Liquor Control Act, for consumption in that part of the building or designated area set out in the licence, but the purchase, having keeping sale and consumption shall be in accordance with this Act and the regulations and not 'Otherwise.

Section 67, subse~,tion (1) is ar:z,ended by adding to the end thereof the words or the premIses for which a special events licence has been issued". 2

Section 36 presently reads: 36. Every beverage room licence and beer vendor's licence issued under this Act shall be subject to all conditions and restrictions imposed by this Act and the re.gulatiJons. 8. Seciion55 subsection (2) presently reads:

(2) No peI'lson is permitted tQ buy heel" 'Or liquor ,in a club licensed to sell beer or liquor under this Act unless he is a member of the club and not disqualified under The Liquor Contr'Ol A<!t. 'The amendmenJt will permit non-dub members: to. buy liquor in a club when I!hey enterasl regisitered guests of club members. 2 9.

Section 57 (1) presently reads: 57.

(1) Where acantee:n licence for the sllite of beer has been grante,d to a mess of the armed f'Orces or police, the mess may apply to the Board for a canteen licence to sell liquor. 10. Self-explanatory. 11. Authority of Speciral Events Liicence.

Section 67, subsection (1) presently reads: 67.

(1) A person under the age of 21 years may enter, be in, and re main in, a licensed dining lounge.

Section 71 is a1nended (

a) as to subsection (1), clause (

a) by striking out the words "from 12 o'clock midnight at the end of a Saturday" and by substituting the words "from one o'clock Sunday morning until", (

b) as to subsection (4) by striking out clause (

a) and by substituting the following: (

a) the Board may extend the closing hour of a dining lounge on a Sunday morning from the hour of one o'clock in the morning to a time not later than two o'clock Sunday morning, (

c) by adding the following subsection after subsection (4) :

(5) Notwithstanding anything in this

section the Board may prescribe such hours as it considers fit for the sale or other disposal of liquor in the dining lounge and lounge at international airports for air travellers.

Section 73 is amended by adding after the words "canteen licence," the words "special events licence,".

Section 78, subsection (1) is amended by adding after the word "trains" the words "or aircraft".

Section 80, subsection (1) is amended by adding after the words "beer vendor licensee," the words "special events licensee," . 17. The following

section is added after

section 100: 100.1 Notwithstanding anything in this Part, the Board in its discretion may, subject to the provisions of

section 25, grant a beer or liquor licence in a sparsely populated or re mote area. 18. This Act comes into force on the day upon which it is assented to. 3

Section 71, subsections (1) and (4) presently read: 71.

(1) Subjeot to

section 70, subsection (4), no sale or other disposal of liquor shall be made or take plaoe in, nor shall liquor be consumed in, any licensed premises during the hours or on the days in this

section prescri'bed, that is to say, (

a) from 12 o'clock midnight at the end of a Saturday until 10 o'c,lock in the forenoon on the Monday next following or until such later hour on the Monday next following as may be pr,e s crib ed, and on other days of the week during such hours as may be prescribed by the Board, or (

b) during such time as the sale of liquor is prohibited by any Act of Alberta or Canada or a municipal by-law applicable to elections, or (

c) on such other days as the Board may direct.

(4) Notwithstanding subsection (I), clause (a), (

a) the Board may extend the c10,sing hour of a dining lounge on a Saturday from the hour of 12 o'clock midnight on the Saturday to a time not later than one o'clock in the morning of the follow ing day, (

b) where December 31st falls on a Saturday or ,on a Sun·day, the Board, with the appl'loval of the Lieutenant Governor in Council, may authorize sp'ecial hours for the serving and consumption of liquor, and (

c) a licensed dining lounge may be open for the sale and consum ption of liquor in accordance with this Act and the regulations from 1 o'clock in the afternoon on Sundays until such later time in the day as is prescribed by the regulations. 14. 'Section 73 presently reads: 73. Liquor purchased from the holder of a licence of any of the follow ing kinds, that is to say, club licence, canteen licence, dining lounge licence, or ,Lounge licence, shall not be consumed elsewhere than in the licensed pre.mises in whkh it was purchas·ed.

Section 78, subsection (1) preseIlltly reads: 78.

(1) Where the Board issues a licence under

section 77 it may, not withstanding any provision 'of this Act or The Liquor Control Act. authorize the licensee to purchase elsewhere than from the Board and under such conditions as the Board prescribes, Uquor for sale to pas sengers on trains in accordance with the lieence or lieences issued. The amendment will permit the Board to authorize airlines to purchase liquor supplies elsewhere than in Alberta.

Section 80, subseciVion (1) preSiently reads: 80.

(1) A beverage room licensee, beer vendor licensee. dining lounge licensee Oor lounge licensee, or an employee thereof. may in his discretion refuse to sell >liquor to any person and no reason for so doing need be given to the person refused. 17. Licence's in sparrsely populated ,areas. e.g. ski areas. 3 Title: 1971 (16th, 4th) Bill 88,

An Act to amend The Liquor Licensing Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4925
Type	bill
Volume / chapter	L16 S4 4925
Language	en
Format	json
Source	PROVINCIAL
Identifier	69edbe20db575af9fe3c7a99e93e7287c180d010

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