Bill 95 (Legislature 15, Session 1)

L15 S1 1674

Alberta — Bills

No. 95 1st Session, 15th Legislature, Alherta 12 Elizabeth II BILL 95 A Bill to amend The Liquor Control Act, 1958 HON. MR. COLBORNE Printed by L. S. WALL, Printer to the Queen's MOISt Excellent Majesty, Edmonton, Albel'>ta, 1964

Explanatory Note I. This Bill amends The Liquor Control Act, 1958, which is

chapter 37 of the Statutes of Alberta, 1958. 2. Various

definitions are amended. (

a) The definition of "liquor" is amended by removing the word "liquor" from the description defining it and by sub stituting the word "liquid". (

b) Under the present definition of "residence" a trailer used as a summer or vacation dwelling is a residence but one used as a year-round dwelling is not. The revised definition will remove this anomaly.

BILL No. 95 of 1964

An Act to amend The Liquor Control Act, 1958 (Assented to , 1961,) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alherta. enacts as follows: 1. The Liquor Control Act, 1958 is hereby amended.

Section 2, subsection (1) is amended (

a) by striking out clause 13 and by substituting the following: 13. "liquor" includes (

i) any alcoholic, spirituous, vinous, fermented, malt or other intoxicating liquid or combination of liquids, (ii) any mixed liquid, a part of which is· spirituous, vinous, fermented or otherwise intoxicating, (iii) all drinks or drinkable liquids and all prepara tions or mixtures that are capable of human consumption and intoxicating, and (iv) beer and wine; (

b) by striking out clause 22 and by substituting the following: 22. "residence" means (

i) a building or part of a building or a trailer, tent or vessel that is bona fide and actually occupied and used by the owner, lessee or tenant solely (

A) as a private dwelling, or (

B) as a private guest room in a hotel, motel, auto court, lodging house, boarding house, or in a club, or (

c) as a private summer dwelling or as a private dwelling or living place used dur ing vacation periods Dr as a private hunt ing or shooting lodge, and (ii) a building or part of a building that is for the time being designated by the Board in writing as a residence, together with the lands appurtenant theretO', if any, that are essential or appropriate for the convenient use, occupation and enjoyment thereof as a private dwelling;

(

c) Clause 25 presently reads: "25. "vendlor" means an official appointed under se<:tion 14 to oonduct the sale of liquor at a liquor store ;". (

d) The Act is being amended to provide for the issue of winery licences and appropriate

definitions are added.

Section 37, subsection (2) presently reads: "

(2) Before a vendor makes delldy,ery of any liquor sold pursuant tQ this

section he shall rece,ive a dated ,o·rder in wrdting .signed by rtlbe purchaser setting .out the number of his permit, if any, and describing th~ ki.nd and "q'Uantityof the Uqu.or ordered and receive the purohase prl:ce iln cru;lh. . The amendment will allow the Lieutenant Governor in Council to determine the manner in which the order for liquor is to be given.

Section 42 presently reads: "42. A person wh.o Is not prohibited by law frDm having .or consuming liquor may have and consume in a reslidence or in a I1oomette, duplex roomette, cDmpartmen t, bedroDm Dr drawing room occupied by him in a train, but not in a prubHc place exce-pt when authorized under a permit, (al' any liquor that has lawfully been acquired by him under this Aot from the Board, (

b) any bee·r that has lawfully been acquired by him under The Liquor Li·censing Act from a beer vend.or llicensee 'Und'6T that Act, (

c) liquor not 'in excelss of one bo>ttle .or beer not in excess of tW81Iy,e pints purchased outsdde Canada by him .or by the person from whom he rece~ved it is a bona fide gift. i.f the receJPtacle Dr container in whiClh the liquor is contaJined has whHe contMTIling that liquor been stamped .or m8irked by a Canadian ClUstoms officer, Dr (

d) liquor not in excesls .of .one bottle or beer not in excess of twelve pints purchased outsi·de Alberta from a liquor board, commissdoTI Dr similar body in any province or territDry of Canada othe.r than Alberta, by sucb person or by a peirson from whom he received it as a bona fiide gift .... s.

Section 69 is revised to provide for winery licences.

Section 69 presently reads: 2 "~9. ~1) No per,son shaH .operate a dLstiUery w,uhin the Province unless he IS lwensed tlo do so by the Board.

(

c) as to clause 25 by adding at the end thereof the words "and includes a liquor store manager", (

d) by adding the following clause after clause 27: 28. "winery licence" means a licence issued under subsection (3) of

section 69, and "winery licensee" means the person named in any suoh subsisting licence.

Section 37 is amended by striking out subsection (2) and by substituting the following:

(2) A vendor shall not make delivery of any liquor sold pursuant to this

section until he (

a) receives the purchase price of the liquor in cas'h, and (

b) receives, unless otherwise prescribed, a dated order in writing signed by the purchaser setting out the number of his permit, if any, and describing the kind and quantity of liquor ordered.

Section 42 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the renumbered subsection (1) (

i) by striking out clause (

c) and by substituting the following: (

c) liquor of a kind and up to a quantity that he or the person from whom he received it as a bona fide gift is permitted, under any Act of Canada, tOo import into Canada without payment of duty 'Or tax thereon, if the receptacle or container in which the liquor is contained has while containing that liquor been stamped or marked by a Canadian customs officer, (ii) by adding the w'Ord ", and" at the end of clause (

d) and by adding the following clause after clause (d) : (

e) liquor in respect of which a special permit has been issued under suhs·ection (2). (

c) by adding the following subsection after the re numbered subsection (1):

(2) Notwithstanding clauses (

c) and (

d) of sub section (1), the Board may, in addition to the quantities mentioned therein, ,by special permit in the form prescribed, authorize the importation of such additiOonal quantities of liquor as may be con sidered reasonable and desirable and assess ad ditional charges it sees fit and proper with respect to such additional importations. 5. Section' 69 is struck out and the following is sub stituted: 69.

(1) No person shall operate a distillery or winery within the Pr'Ovince unless he is licensed to do so by the Board. 2

(2) On applli-cation being made therefor in the prescribed f.onn and on payment of the prescribed fee and on compliance wiih this Act and the regul8Jtlions, the Board may !,ssue in accordance with this ACit and the reguJ.a;tions, a distiHer's licence to a pe,rSlon wno is licensed as a dds U1ler by the Governmen t of Canada.

(3) A d1stiUer's licence authorizes the licensee to manufa.cture l~quor witlhin the ~ ProV'ince, to sell liquor to the Board and to sell liquor to suClh persons as the Board may 5.lwtho1l'ize by permit in writing.". Related amendments are made to sections 70 to. 72 by the fol lowing clauses to this Bill.

Section 70 presently reads: "70. No distiller licensee shall, witihin the Province. produc!iI or sell any liquor except in oomp1liance with the regulations and standards prescribed by ,the Board.". 7. S'ection 71 presently reads: "71.

(1) Upon the application ofa di,stiller licensee, the Board may, subject 1.0 suclh condUions and restrictions 8JS the Board deems advLsaoble to prescribe, grant a permit in writing to the distiller licensee aUithoriz ing him to import wines and spirits.

(2) The wines and spirits shiaIl be puroh8iSed only from ,such persons as are autlhorized to sen the same, and shaJI be used f,or the sole pur po-se lof blendIng wilth and flavouring the ldquor manufactured by the distiller licensee to whom the permi,t Is granted.".

Section 72 presently reads: "72. The Board may require a distiller to make returns, <to pennit examination of h,is books, 1:0 permit examination of his distillery and all mnM, buildiings and other premlse.s used in connootlion therewith, and t'O furnilsh samples, in ,the same manner and to the same extent as prov,ided in the case of a brewer.".

Section 72a presently reads: "72a.

(1) No person Slh8JH direotly or indirectly hold himself OIUt or 8Jct as an 8Jgent, representative or salesman of a brewer distille1l' or wine maker unless he is reg.istered with the Board as a repreSentative off such brewer, distiller or wine maker.

(2) The Board may make ,such regulations as it deems necessary to control and re~late the business I8ictivities of 're,gi'stered representatives a~d may prescrIbe the numbers of such. ,rerpresenrtatives to be registered WIth tl)e Board.

(3) Clauses (

a) to (

c) of subsection (1) of seotdon 90 do not apply in fiJ~~~~ of the prescribed business activities of registered representa- 3

(2) On application being made for a distiller"s licence in the prescribed form and on payment of the prescribed fee and on compliance with this A,ct and the regulations, the Board may issue in accordance with this Act and the regula tions, a distiller's licence to a person who is licensed as a distiller by the Government of Canada.

(3) On application being made for a winery licence in the prescribed form and on payment of the prescribed fee, and on compliance with this Act and the regulations, and con forming to the laws of Canada where applicable, the Board may, in accordance with this Act and the regulations, issue a winery licence to a person making the application.

(4) A distiller's licence authorizes the licensee to manu facture liquor within the Province, to sell liquor to the Board and, subject to the laws of Canada, to export liquor from the Province.

(5) A winery licence authorizes the licensee to manu facture wine within the Province, to sell wine to the Board and, subject to the laws of Canada, to export wine from the Province.

Section 70 is amended by adding after the words "dis tiller licensee" the words "or winery licensee".

Section 71 is amended by adding after the words "dis tiller licensee" wherever they occur the words "or winery licensee" .

Section 72 is struck out and the following is sub stituted: 72. The Boa.rd may require a distiller or a wine maker to make returns, to permit examination of his books, to permit examination of his distillery or winery and all lands, build ings and other premises used in connection therewith, and to furnish samples, in the same manner and to the same ex tent as provided in the case of a brewer.

Section 72a is struck out and the following is sub stituted: 72a. (1 ) No person shall directly or indirectly hold him self out or act as an agent or representative of a brewer, dis tiller or wine maker unless he is registered with the Board as a representative of that brewer, distiller or wine maker. '

(2) The Board in its discretion may determine the numbers of representatives to be registered with the Board, and in what manner and to what.extent clauses (

a) to (

c) of subsection (1) of

section 90 apply to them in order to control and regulate the business activities of the registered representatives. ' 3

10. The Act and the regulations require all liquor to be sealed.by a seal or other means with certain exceptions as set out in

section 78 (1). The amendment will add another class of exceptions-· see clause 4 of this Bill which sets out

section 42. II.

Section 80 presently reads: "so. No bre·wer, distiLler or manufacturer of liquo,r shall by hdms·elf, his clerl{ servant or agent, gIve 1:<> any pe·r,sQn any Mquor, except as may be permitted by and in accordanee with thils Act and with ·the regulations." .

Section 83 presently reads: • 83.

(1) No person shall knowingly sell ·01' supply liquoll' to a. person under the age of twenty-'One years.

(2) No ldquor shaLl be sold DrsuppUed to' a person who. is apparently under the age of twenty-one yeam unl~ss that person is lin faClt twenty one years of age or over.

(3) This

section does not apply to the supplying .of liquoT to a person under the ·age Qif twentY-lOne yeaI'S f'Or beverage or medicinal purpose~ by tJhe parent, guardian Dr spouse 'O·f suc~ person, or t? the admin~s~e:r 'ing of liqu'Or t'O such perslOn by a physICilan or dentlst fQr medlc~nal purposes or a·s p,rovided by this Act or the regulations.". 13. A prohibition against causing a disturbance in licensed premises is added. A contravention of this new

section would be an offence under

section 93, punishable by fine or in the case of a third offence by imprisonment.

Section 97, subsection (2) presently reads: "

(2) A disHHer who om~ts, negletCIts or refuses to compJy with a requirement of the Board under isecHon 72 Is guilty 10,[ an offence and liruble on

summary convicHon tlO a f,ine of not more than one thQlUSand dollars.", and see clause 8 of this Bill.

Section 101 provides for an order of interdiction on voluntary application. Subsection (2) presently reads: "

(2) An order made under this

section has the same f'Orce and effect as an order made under

section 100 except that it may not be revoked within one year from the making thereof, and nO' appeal lies in respect thereof under seetion 107.". The amendment will enable the order to be revoked under

section 106 at any time if the magistrate thinks it just. I G.

Section 113 provides for the seizure of liquor that appears to have been had ,or kept contrary to The Liquor Control Act or The Liquor Licensing Act. Subsections (3), (4) and (5) presently read: 4 "

(3) If W1itlhin thiirty days from the date of its seizure no person, by nDtice in writing filed with the Board, -claims to' be the o'wner of the liquor, the :liquor and all packages containing it are forfeited to the Crown in right of the Province and shall forthwith be delivered to the Board.

(4) Within thirty days Df the seizure of the liquQr, but nQt after, any person eIaiming to be tbe Dwner of the liquor may file w~th the Boa.rd a notice in writing giV1ing at least three days'· notice of the time a.nd place fixed by a justice f'or a :!leaFing to prQve hi.s claim and hLs nghit under thJs Act to tne pDs·se'ssi'On of the iliiquo·r and paclqtges.

(5) On fanure by Ithe cla.imant to prQve ·and esta.blill:rh his claim and right to the .saJtisfacNDn 'Of the justice, the LIquor and packages are for feited to the Crown in right of the Province.".

Section 78, subsection (1) is amended (

a) by striking out the word "or" at the end of clause (

b) and by adding the word "or" at the end of clause (c), (

b) by adding the following clause after clause (c): (

d) liquor had or kep,t under clause (c), (

d) or (

e) of subsection (1) of

section 42,

Section 80 is a,mended by adding after the word "brewer," the words "wine maker,".

Section 83, subsection (3) is a:mended by adding after the words "twenty-one years" the words "in his own home or in a residence". 13. The following

section is added after

section 88: 88a. No person shall ,cause a disturbance in a licensed premises (

a) by fighting, shouting, swearing or using insulting or obscene language, or (

b) by impeding or molesting other persons.

Section 97, subsection (2) is amended 'by adding after the word "distiller" the words "or wine maker".

Section 101, subsection (2) is amended by striking out the words "it may not he revoked within one year from the making thereof, and". 4

Section 113 is amended (

a) as to subsection (3) by striking out the words Hcontaining it are forfeited to the Crown in right of the Province and shall forthwith be delivered to the Board" and by su!bstituting the words "shall he delivered to the Board to be dealt with in acco~d ance with subsection (5) ", ('

b) as to subsection (5) by striking out the words "are forfeited to the Crown in right of the Province" and by substituting the words "shall be dealt with in the manner directed by the Board and the pack ages in which the liquor is kept shall become the property of the Board".

Section 114 presently reads: "114.

(1) Where a justice makets an order for the forfeiture o,t liquor under any O'f the prO'v.isions O'f thi:s AClt and a claimanlt to' liquor under

section 113 fruUs to establish his claJm and right thereto, .the liquQr In question and the packages in which the Liquor ,is kep,tshal1 be destroyed in ~ordance with subsection (2).

(2) The liquor forfeited and the packages in which Lt' .J·s kept (

a) shaLl be destroyed in the presence Qf a justice by the Roya.l Canadian Mounted Police in such manner as may be directed from time to time by the Att:orney General, and a re,port thereof signed by the justice forwarded to the Board if the liquor was se,ize!d by an officer o'r constable Qf the Royal Canadian Mounted Pollee, or (

b) if the liquor was setized by an officer or ,constable O'ther than an officer or constable o-f the Royal Canadian Mounted Police, sha;}! be delivered to either the Edmonton or Calgary warehouse or the neareslt I,iquor store, and sha'}1 there be destroyed in the manner presoribed and a report O'f the destruction f'orwarded to the Board.".

Section 115 presently reads: "115. Where liquor i.s seized by a constable, he shall forthwith make or cause to be made to the Board a report in writing of the particulars of the seizure.".

Section 126, subsection (1) presently reads: 126.

(1) The burden of prov.ing the right to have or keep or sell Qr give Qr purchase or oo~sume ,Liquor i.s on the perSOIl! aoc!1lJsed O'f improp'erly Qr unla~fully havmg or keeping or selling Qr giving or purchasing or consumIng the liquor.". A refer:ence to car!,ying or conveying is added to reverse the onus of proof.In prosecutIons under

section 94 (10) which was added to the Act In 1960. 20. Commencement of Act. 5

Section 114 is struck out and the following is sub stituted: 114.

(1) Where a justice makes an order for the for feiture of liquor under any of the provisions of this Act and a claimant to liquor under

section 113 fails to establish his claim and right thereto, the liquor in question shall lbe destroyed in the manner directed by the Board and the packages in which the liquor is kept shall become the pro perty of the Board.

(2) The liquor forfeited and the packages in which it is kept (

a) shan be destroyed in the presence of a justice by the Royal Canadian Mounted Police in such manner as may be directed from time to time by the A t torney General, and a report thereof signed by the justice forwarded to the Board if the liquor was seized by an officer or constable of the Royal Canadian Mounted Police, or (

b) if the liquor was seized by an officer or constable other than an officer or constable of the Royal Canadian IVIounted Police, the liquor in question shall be destroyed in the manner directed by the Board and the packages in which the liquor is kept shall become the property of the Board.

Section 115 is struck out and the following is sub stituted: 115. Where liquor is seized by a constable, a report in writing of the particulars of the seizure shall be made if required in the manner dire·cted by the Board.

Section 126 is amended by striking out subsection (1) and by substituting the following: 126.

(1) The burden of proving the right to have or keep or sell or give or purchase or consume or carry or convey liquor is on the person accused of improperly or un lawfully having or keeping or selling or giving or purchas ing or consuming or carrying or conveying the liquor. 20. This Act comes into force on the day upon which it is assented to. 5

FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL An Aet to amend 'Dhe Liquor Control Act, 1958 Received and read the First time Second time Third time HON. MR. COLBORNE Title: 1964 (15th, 1st) Bill 95,

An Act to amend The Liquor Control Act, 1958

Document details

Collection	Alberta — Bills
Citation	L15 S1 1674
Type	bill
Volume / chapter	L15 S1 1674
Language	en
Format	json
Source	PROVINCIAL
Identifier	97bc7e9f22199aede1f24096ec1230e200fd1156

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