First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 34

AN ACT TO AMEND THE

LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Finance

and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Control Act to

give the board the authority to

temporarily authorize a person who is granted a lounge licence, restaurant

licence, restaurant/lounge licence, hotel licence, motel licence, club licence

or military mess licence to sell and deliver alcoholic liquor to a person who

purchases a meal prepared by the licensee from the licensed premises for take-out

allow alcoholic liquor to be

delivered by a licensee or an employee of a licensee; and

authorize the board, with the

approval of the Lieutenant-Governor in Council, to make regulations respecting the

sale and delivery of alcoholic liquor to persons who purchase a meal prepared

by the licensee from the licensed premises for take-out or delivery and providing

for the licensing of third parties for the delivery of alcoholic liquor.

This Bill would also amend the Liquor Corporation Act to

give the board the authority to

temporarily authorize a person to whom a brewer, winery or distillery licence

is granted to sell and deliver alcoholic liquor to a person for personal

consumption;

give the board the authority to

revoke an authorization to sell and deliver alcoholic liquor to a person for

personal consumption;

require that the alcoholic

liquor be delivered only by a licensee or an employee of a licensee;

require that the alcoholic

liquor being delivered be sealed and in its original packaging or, in the case

of draught beer have a cap design which demonstrates that the container has not

been opened;

require that a person

delivering alcoholic liquor be at least 19 years of age and have completed the

Serve Responsible NL program; and

prohibit the delivery of

alcoholic liquor to a person that is under 19 years of age or appears

intoxicated.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT AND

THE LIQUOR CORPORATION ACT

Analysis

LIQUOR

CONTROL ACT

S.2 Amdt.

Definitions

S.27 Amdt.

Licences

S.61 Amdt.

Regulations

LIQUOR

CORPORATION ACT

S.34 Amdt.

Licences to brewers

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

LIQUOR CONTROL ACT

RSNL1990 cL-18

as amended

1. Paragraph 2(

r) of the Liquor Control Act is repealed.

2. (1) Subsection 27(1) of the Act is amended by

deleting the word "and" at the end of paragraph (f), deleting the

period at the end of paragraph (

g) and substituting a semi-colon and the word

"and", and by adding immediately after that paragraph the following:

(

h) a restaurant/lounge to sell beer, wine or

spirits to the public

(

i) with meals during the hours prescribed in the

regulations, and

(ii) without meals during the hours prescribed in

the regulations.

(2) Section 27 of the Act is amended by adding

immediately after subsection (6) the following:

(7) Notwithstanding subsections (2) to (6), the board

may temporarily authorize a person to whom a licence is granted under paragraph

(1)(a), (b), (c), (

f) or (

h) to sell and deliver alcoholic liquor to a person who

purchases a meal prepared by the licensee from the licensed premises for

regulations.

(8) Where the board authorizes a person referred

to in subsection (7) to sell and deliver alcoholic liquor to a person who

purchases a meal prepared by the licensee from the licensed premises for

delivery, the alcoholic liquor shall only be delivered in accordance with the

regulations and by

(

a) a licensee licensed under paragraph (1)(a), (b),

(c), (

f) or (h);

(

b) an employee of a licensee licensed under

paragraph (1)(a), (b), (c), (

f) or (h); or

(

c) a third party licensed under the regulations

for the purpose of this subsection.

3. Subsection 61(1) of the Act is amended by

deleting the word "and" at the end of paragraph (v), deleting the

period at the end of paragraph (

w) and substituting a semi-colon and by adding

immediately after that paragraph the following:

the sale and delivery of alcoholic liquor for the purposes of subsection 27(7);

(

y) provide for the delivery of alcoholic liquor

by licensees or employees of licensees for the purposes of subsection 27(8);

and

(

z) provide for the licensing of third parties for

the delivery of alcoholic liquor for the purposes of subsection 27(8).

LIQUOR CORPORATION ACT

RSNL 1990 cL-19

as amended

(1) Section 34 of the Liquor Corporation Act is amended by adding immediately after

subsection (2) the following:

(2.1) Notwithstanding subsections (1) and (2) and

section 37, the board may temporarily authorize a person to whom a brewer,

winery or distillery licence is granted under subsection (1) to sell and deliver

alcoholic liquor produced by the licensee to a person for personal consumption.

(2.2) Where the board authorizes a person referred

to in subsection (2.1) to sell and deliver alcoholic liquor produced by the

licensee to a person for personal consumption, the alcoholic liquor shall only

be delivered by

(

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

(

b) an employee of the licensee licensed under

subsection (1).

(2.3) Where a licensee licensed under subsection

(1) is authorized to sell alcoholic liquor for delivery under subsection (2.1), the

licensee is only permitted to deliver alcoholic liquor that is

(

a) sealed; and

(

b) in its original packaging or, in the case of

draught beer has a cap design which demonstrates that the container has not

been opened.

(2.4) A person shall not deliver alcoholic liquor

unless the person is

(

a) at least 19 years of age; and

(

b) has completed the Serve Responsible NL program

offered by Hospitality NL.

(2.5) A person shall not deliver alcoholic liquor to

a person who

(

a) is under 19 years of age; or

(

b) appears intoxicated.

(2) Subsection 34(3) of the Act is repealed and

the following substituted:

(3) The board may revoke a licence or authorization

granted under this section, where in its opinion there exists a reasonable

cause for doing so, but whenever it revokes a licence or authorization, it

shall, at the request of the licensee, provide to him or her in writing the

reason for the revocation.

Queen's Printer