Bill 6 — Fourth Session, 23Rd Legislature, 45 Elizabeth Ii the Legislative Assembly of Alberta Bill 6 Gaming and Liquor Act (Legislature 23, Session 4)

L23 S4 1129

Alberta — Bills

1996 BILL 6 Fourth Session, 23rd Legislature, 45 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 GAMING AND LIQUOR ACT HON. D R. WEST First Reading Second Reading C ommittee of the Whole Third Reading Royal Assent

Finance 22Accounts Fees and penalties 23 Liquor revenue 24 Lottery Fund 25 Payments into Lottery Fund 26 Payments from Lottery Fund 27 Grant in lieu of taxes 28 Fiscal year 29 General Annual report 30 Information to Minister 31 Liability exemption 32 Testimony and production of documents 33 Freedom of Information and Protection of Privacy Act 34

Part 2 Gaming and Provincial Lotteries Gaming D elegation from Lieutenant Governor in C ouncil 35 Requirement for licence 36 Issuing licences 37 C onditions 38 Registration - gaming workers 39 Registration - gaming supplies 40 Inducing breach of contract 41 Registration 42 Provincial Lotteries C ommission’s authority 43 Agreements 44 Lottery tickets 45 Video lottery terminals 46

Part 3 Liquor Liquor control 47 Issuing licences 48 Eligibility of minors 49 Eligibility of persons related to C ommission 50 Prohibition area 51 D efinitions 52 Areas where there are no liquor licences 53 Application referred to municipality 54 Application referred to Metis settlement 55 2

Application referred to Indian band 56 Extending time period 57 C onditions 58 Representatives of Liquor Suppliers Registration required 59 Registration 60 Regulation of Licensees and Activities on Licensed Premises Forced sales 61 Remuneration based on sales 62 Agreements with liquor suppliers and agencies 63 Advertising and promoting of liquor 64 Sale at licensed premises 65 C onduct on licensed premises 66 Leaving licensed premises when requested 67 Leaving licensed premises on closing 68 Homemade liquor 69 Adulteration of liquor 70 Minors on licensed premises 71 Supplying liquor to minor 72 Activities Involving Liquor C ommission’s general authority 73 Importation 74 Business of transporting passengers 75 Sales to C ommission 76 Sales to licensee 77 Prohibited sales 78 Sale of liquor under C ivil Enforcement Act 79 Transportation 80 C onsumption in vehicles 81 Gift of liquor 82 Adults 83 Minors 84 Religious ceremonies 85 Public place 86 Unauthorized places 87

Part 4 Board Hearings and Sanctions Suspension, cancellation, etc. by board 88 Sanction if licensee becomes ineligible 89 Board order 90 Application for board hearing 91 D isposition of liquor 92 D isposition of gaming supplies 93 Notices 94 3

Part 5 Enforcement Inspections, Search and Seizure Inspectors 95 Obstruction of inspector 96 Reports 97 Liquor samples 98 Responsibility of directors and officers 99 Inspection of premises and facilities 100 D uty to assist inspector 101 Inspectors assigned to manufacturers’ licensed premises 102 Seizure of liquor and gaming supplies 103 Warrantless search and seizure 104 Abandoned liquor 105 Seizure report 106 D isposition of liquor on conviction 107 Special situations 108 Forfeiture of seized conveyance 109 C laims by interest holders 110 D isposition of forfeited liquor 111 Taking intoxicated person into custody 112 Offences and Penalties General offence 113 General penalty 114 Provincial lottery schemes 115 Adulteration of liquor and prohibited sales 116 Liability of corporation officials, partners 117 Responsibility of licensee 118 Responsibility of occupant 119 Prosecution and Evidence D escription of offence 120 C ertificate of analysis 121 Evidence by certificate 122 Actions against a corporation 123 Proof of incorporation 124 D isposition of fines 125

Part 6 Regulations Lieutenant Governor in C ouncil regulations 126 Board regulations 127 4

Part 7 Transitional Transitional regulations 128 Board and C hair 129 Assets and liabilities 130 Liquor store leases 131 Liquor pricing agreements and actions 132 Payments from liquor revenue 133 Liquor Licensing Appeal C ouncil 134

Part 8 C onsequential, Repeal and C ommencement C onsequential 135 Repeal 136 C oming into force 137 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “adult” means a person 18 years of age or older; (b) “board” means the board of the C ommission; (c) “C hair” means the C hair designated under this Act; (d) “container” means a bottle, can, box or other receptacle used for holding liquor and any package that contains the bottle, can, box or other receptacle; (e) “C ommission” means the Alberta Gaming and Liquor C ommission continued under this Act; (f) “C rown” means the C rown in right of Alberta; (g) “facility licence” means a licence that authorizes a person to operate a facility for gaming activities that are authorized by a gaming licence; (h) “gaming activity” means a lottery scheme referred to in

section 207(1)(b), (c), (

d) or (

f) of the C rim inal C ode (C anada); (i) “gaming licence” means a licence that authorizes a person to conduct a gaming activity; 5

(j) “gaming supplies” means supplies, equipment and devices designed to be used in a gaming activity, but does not include normal office supplies or things specified in the regulations; (k) “gaming worker” means a person who is paid to assist a gaming licensee in the conduct or management of a gaming activity, other than (

i) a person who is paid to sell raffle or pull tickets, or (ii) a person specified in the regulations; (l) “Indian band” means a band as defined in the Indian Act (C anada); (m) “Indian reserve” means a reserve as defined in the Indian Act (C anada); (n) “inspector” means an inspector referred to in

section 95; (o) “licensed facility” means the facility described in a facility licence; (p) “licensed premises” means the premises described in a liquor licence; (q) “liquor” means any wine, beer, cider, spirits or other product that is intended for human consumption in which the percentage of alcohol by volume exceeds an amount prescribed by the regulations, unless the product is excluded from the definition of liquor by board regulations under

section 127; (r) “liquor agency” means a corporation or individual who is in the business of representing a liquor supplier in the sale of the supplier’s liquor, (s) “liquor licence” means a licence that authorizes the manufacture, import, purchase, sale, transport, giving, possession, storage, consumption or use of liquor; (t) “liquor supplier” means (

i) a manufacturer, (ii) a person who operates an establishment for making liquor outside of Alberta, (iii) a person, other than the C ommission, who is a distributor of liquor, and 6

(iv) any person who has a connection, as specified in the regulations, to a manufacturer or a person described in subclause (ii) or (iii); (u) “manufacturer” means a person who operates or intends to operate an establishment for making liquor in Alberta; (v) “Minister” means the Minister determined under

section 16 of the G overnm ent O rganization Act as the Minister responsible for this Act; (w) “minor” means a person under the age of 18 years; (x) “provincial lottery” means a lottery scheme referred to in

section 207(1)(

a) of the C rim inal C ode (C anada) that the Government of Alberta is authorized to conduct and manage by itself or in conjunction with the government of another province; (y) “public place” includes (

i) a place or building that is open to the public, and (ii) a vehicle in a public place; (z) “residence” means a place used by a person as a permanent private dwelling, including any structure or land adjacent to the private dwelling that is used for the convenience or enjoyment of the occupants of the dwelling; (aa) “sale” and “sell” include the barter of liquor, (bb) “shareholder” does not include a shareholder of a corporation (

i) any of whose issued shares, or securities which may or might be exchanged for or converted into shares, were part of a distribution to the public, and (ii) that has more than 15 shareholders; (cc) “special event licence” means a liquor licence that authorizes activities in relation to an event of a limited duration; (dd) “spirits” means any product that contains alcohol obtained by distillation; (ee) “stadium bylaws” means bylaws passed by a municipality that are referred to in

section 126(1)(s); 7

(ff) “temporary residence” means (

i) a place that is used by a traveller in respect of which the traveller pays a fee, (ii) a vacation or recreational dwelling, (iii) a tent that is set up in an area where overnight camping is not prohibited, (iv) a motor home or other vehicle that is parked in an area that is not a highway or road and where overnight camping is not prohibited, and (

v) a watercraft that has built-in living accommodation and is moored in an area where moorage is not prohibited that is being used as a temporary private dwelling, including any structure or land adjacent to the dwelling that is used for the convenience or enjoyment of the occupants of the dwelling; (gg) “vehicle” means a device in, on or by which a person or thing may be transported or drawn on a highway or on water; (hh) “video lottery terminal” means a computer, a video device or a slot machine within the meaning of

section 198(3) of the C rim inal C ode (C anada) that is used to play a game, scheme or plan referred to in

section 206(1)(

a) to (

g) of the C rim inal C ode (C anada).

(2) A reference to “this Act” includes the regulations made under this Act.

(3) A reference to a conviction that “becomes final” means that the conviction has become final through the appeal process or the expiration of appeal periods. 8

PART 1 ALBERTA GAMING AND LIQUOR COMMISSION Status, Powers and Duties Board continued as Commission 2 The Alberta Liquor C ontrol Board is continued as a corporation called the “Alberta Gaming and Liquor C ommission”. Commission’s objects 3 The objects of the C ommission are (

a) to administer this Act; (

b) to conduct and manage provincial lotteries for the Government of Alberta; (

c) to carry out the functions respecting gaming delegated to it by the Lieutenant Governor in C ouncil under the C rim inal C ode (C anada) or conferred on it by this Act; (

d) to control in accordance with this Act the manufacture, import, sale, purchase, possession, storage, transportation, use and consumption of liquor; (

e) to generate revenue for the Government of Alberta. Crown agent 4(1) The C ommission is an agent of the C rown and may exercise its powers and perform its duties only as an agent of the C rown.

(2) An action, suit or other legal proceeding in respect of any right or obligation acquired or incurred by the C ommission, whether in its name or in the name of the C rown, may be brought or taken by or against the C ommission in the name of the C ommission in any court that would have jurisdiction if the C ommission were not an agent of the C rown.

(3) All real and personal property of the C ommission and all money received by the C ommission is the property of the C rown. Natural person powers 5 The C ommission has the capacity, rights, powers and privileges of a natural person, except to the extent that they are limited by this or any other enactment. 9

Other powers and duties 6(1) The C ommission may exercise any power given to it under any enactment.

(2) The C ommission must perform any duty imposed on it under any enactment. Land and buildings 7 The C ommission may acquire or dispose of land or buildings only with the approval of the Lieutenant Governor in C ouncil. Board Board 8(1) The board of the C ommission consists of not more than 5 members appointed by the Lieutenant Governor in C ouncil for a term specified in their appointment.

(2) The Lieutenant Governor in C ouncil must designate a member as C hair of the board.

(3) A quorum of the board is 3 members.

(4) The Lieutenant Governor in C ouncil must fix the amount of the members’ remuneration and the travelling, living and other expenses that the members are entitled to receive. Chief executive officer 9 The C hair is the chief executive officer of the C ommission. Acting Chair 10(1) The Minister may designate a member of the board to be acting C hair when the C hair is unable to act or if the office of the C hair is vacant.

(2) The C hair may designate a member of the board to be acting C hair when the C hair is absent.

(3) An acting C hair has all of the functions, powers and duties of the C hair, unless the designation provides otherwise.

(4) D espite subsection (3), an acting C hair does not have the functions, powers and duties of the chief executive officer. Panels 11(1) The C hair may designate any 2 or more members of the board, which may include the C hair, to sit as a panel of the board and may direct that panel (

a) to make any decision that the board may make with respect to licences or registration, or 10

(

b) to conduct any hearing or inquiry that the board may conduct.

(2) A quorum of a panel is 2 members.

(3) A decision or action made or taken by a panel is a decision or action of the board.

(4) A panel of the board may exercise and perform all the powers and duties of the board under this Act or any other enactment with respect to the matter it is directed to deal with.

(5) For the purposes referred to in subsection (4), any reference in this Act or any other enactment to the board is a reference to a panel of the board.

(6) If the C hair is not a member of a panel, the C hair must designate one of the members of the panel to preside over the panel.

(7) When a proceeding is conducted by a panel and one or more members of the panel for any reason do not attend on any day or part of a day, the remaining members present may, if they constitute a quorum, exercise and perform all the powers and duties of the panel with respect to that proceeding.

(8) Two or more panels may sit simultaneously or at different times. Responsibil ities of board 12 The board is responsible for (

a) ensuring that the powers and duties of the C ommission are appropriately carried out; (

b) establishing the policies of the C ommission; (

c) conducting hearings and making decisions respecting licences and registrations; (

d) any functions assigned to it under any enactment. Inquiry 13(1) The board may hold an inquiry into any matter that pertains to this Act.

(2) The board has the powers, privileges and immunities of a commissioner under the Public Inquiries Act when holding an inquiry. 11

Exercise of certain powers and duties 14 The board must not exercise a power or perform a duty that is by any enactment specifically assigned to the C ommission or the chief executive officer. Rules and procedures 15 The board must establish rules and procedures for the conduct of its meetings and hearings and for making decisions and orders. Signing requirements 16(1) A licence, registration, order or authorization of the board may be signed by the C hair or any person authorized by the C hair.

(2) The board may authorize the signature on a licence or registration to be reproduced by mechanical means. Delegation by board 17(1) The board may in writing delegate any of its functions, powers or duties to the chief executive officer, to an employee or agent of the C ommission or to any other person.

(2) The board must not delegate (

a) the power or duty to conduct a hearing or inquiry that it is required or authorized to conduct under any enactment, (

b) the power to impose fines under

section 88(2), or (

c) the power to cancel a licence.

(3) The board’s delegation may include the power of subdelegation. Chief Executive Officer Responsibil ities of c.e.o. 18 The chief executive officer is responsible for (

a) the administration of the C ommission; (

b) ensuring that the policies of the board are implemented; (

c) advising and informing the board on the operation and affairs of the C ommission; (

d) performing the duties and exercising the powers assigned to the C ommission or to the chief executive officer by any enactment or by the board. 12

Acting c.e.o. 19(1) The Minister may designate an employee of the C ommission to be acting chief executive officer when the C hair is unable to act or the office of the C hair is vacant.

(2) The C hair may designate an employee of the C ommission to be acting chief executive officer when the C hair is absent.

(3) An acting chief executive officer has all of the functions, powers and duties of the chief executive officer, unless the designation provides otherwise. Delegation by c.e.o. 20(1) The chief executive officer may in writing delegate any of the functions, powers and duties of the chief executive officer to an employee or agent of the C ommission.

(2) The chief executive officer’s delegation may include the power of subdelegation. Exercise of Commission powers 21 Where (

a) any enactment requires or authorizes the C ommission to do something, but does not specify who in the C ommission may do it, or (

b) the C ommission wishes to exercise its natural person capacity, rights, powers or privileges, the thing may be done or the capacity, rights, powers or privileges may be exercised by the chief executive officer. Finance Accounts 22 The C ommission may establish accounts for money it receives under this Act. Fees and penalties 23(1) All fees for licences and registrations provided by the C ommission and all fines imposed by the board on licensees and registrants are payable to the C ommission and must be deposited into the C ommission’s accounts.

(2) The fees and fines referred to in subsection (1), less amounts for refunds, are to be transferred to the General Revenue Fund as directed by the Provincial Treasurer. 13

Liquor revenue 24(1) Revenue from liquor sold by or on behalf of the C ommission must be deposited into the C ommission’s accounts.

(2) The C ommission may pay from the revenue (

a) federal taxes and duties on the liquor, (

b) the amount the C ommission pays for the liquor, and (

c) an amount for deposits and charges relating to containers under the Beverage C ontainer Recycling Regulation (Alta. Reg. 128/93).

(3) The revenue, less the amounts referred to in subsection (2), is to be transferred to the General Revenue Fund as directed by the Provincial Treasurer. Lottery Fund 25(1) The Lottery Fund established under the Interprovincial Lottery Act is continued.

(2) The Lottery Fund is administered by the C ommission.

(3) The income of the Fund accrues to and forms part of the Fund. Payments into Lottery Fund 26(1) The revenue received by the C ommission from provincial lotteries under agreements with retailers or the governments of the provinces who are participating in the provincial lotteries, less amounts paid for prizes, must be deposited into the C ommission’s accounts.

(2) The C ommission may pay from the revenue (

a) retailers’ commissions, (

b) federal taxes, and (

c) amounts required to be paid under the federal-provincial agreement respecting gaming and betting entered into on June 3, 1985, as amended or replaced from time to time.

(3) The revenue, less the amounts referred to in subsection (2), is to be transferred to the Lottery Fund. Payments from Lottery Fund 27 Money may be paid or transferred from the Lottery Fund only in accordance with an appropriation Act. 14

Grant in lieu of taxes 28 The C ommission may each year pay to a municipality in which any of its real property is located a grant not exceeding the amount that would be recoverable by the municipality if (

a) the property were subject to the property and local improvement taxes of the municipality for that year, or (

b) the property were subject to the business tax or business licence of the municipality for that year as a result of the C ommission’s operations on that property. Fiscal year 29 The fiscal year of the C ommission is April 1 to the following March 31. General Annual report 30(1) The C ommission must, as soon as practicable after the end of each fiscal year, provide the Minister with a report that summarizes its operations during the last fiscal year and that contains (

a) the audited financial statements of the C ommission, (

b) general information and remarks with regard to the administration and enforcement of this Act during the year, and (

c) any other information that the C ommission considers relevant or the Minister requests.

(2) The Minister must lay a copy of the report before the Legislative Assembly if it is sitting, and if it is not sitting, within 15 days after the commencement of the next sitting. Information to Minister 31 The C ommission must, on the request of the Minister, report to the Minister on its activities and any matter related to this Act. Liability exemption 32 No action lies against the C ommission, the board or its members, the chief executive officer, employees of the C ommission or inspectors for anything done or not done, in good faith, in relation to the exercise of their powers or to the performance of their duties under this Act. 15

Testimony and production of documents 33(1) Unless the board directs otherwise, no member of the board or employee of the C ommission may be compelled (

a) to give testimony for the purposes of a civil action with regard to information obtained in the course of the member’s or employee’s duties, or (

b) to produce any document or information for the purposes of a civil action. (2) Subsection (1) does not apply when the member of the board, the C ommission or the employee is a party to the civil action. Freedom of Information and Protection of Privacy Act 34(1) In this section, “liquor information” means information obtained by the C ommission before, on or after the coming into force of this

section relating to the C ommission’s acquisition or sale of liquor.

(2) For the purposes of

section 15(1)(

b) of the Freedom of Inform ation and Protection of Privacy Act, liquor information in the custody or under the control of the C ommission is deemed to have been supplied to the C ommission in confidence.

PART 2 GAMING AND PROVINCIAL LOTTERIES Gaming Delegation from Lieutenant Governor in Council 35 The C ommission’s and the board’s authority to issue gaming licences and to impose conditions on those licences is subject to the Lieutenant Governor in C ouncil’s authorizing the C ommission and the board to do so. Requirement for licence 36(1) No person may conduct or manage a gaming activity unless (

a) the person holds a gaming licence that authorizes the activity, and (

b) the gaming activity takes place in a licensed facility if the board designates in its policies or the gaming licence that the gaming activity may only be conducted in a licensed facility.

(2) If the board has designated in its policies or in a gaming licence that a gaming activity may only be conducted in a licensed facility, no person may operate a facility in which the gaming 16

activity takes place unless the person holds a facility licence for that facility. Issuing licences 37(1) The board may, with or without a hearing, issue a gaming licence or a facility licence if (

a) the board considers it appropriate to do so, (

b) the applicant is eligible to receive the licence, (

c) the requirements of this Act for issuing the licence have been met, and (

d) issuing the licence will not cause the maximum number of licences established by the board to be exceeded.

(2) A facility licence may only be issued in respect of one facility. Conditions 38(1) The board’s policies respecting the activities authorized by a gaming or facility licence are conditions of the licence, including policies made after the licence is issued.

(2) The C ommission must provide a licensee with a copy of the board policies that are conditions of the licence and any amendments to those policies.

(3) When issuing a gaming or facility licence the board may, with or without a hearing, impose conditions on a licence that are in addition to the conditions referred to in subsection (1).

(4) When the board imposes a condition under subsection (3) without a hearing, the board must give the licensee information about an application for a hearing. Registration - gaming workers 39(1) No person may be a gaming worker unless the person is registered as a gaming worker.

(2) No person may provide gaming workers to a gaming licensee unless the person is registered to provide gaming workers or is a facility licensee.

(3) No gaming licensee may use a gaming worker to assist in the conduct or management of a gaming activity unless the worker is registered as a gaming worker. 17

Registration - gaming supplies 40(1) No person may make, sell, advertise or distribute gaming supplies unless (

a) the person is registered to deal in gaming supplies, (

b) the person is a facility licensee, or (

c) the person is a gaming licensee and the manufacture, sales, advertisement or distribution is authorized by the C ommission.

(2) No person may possess gaming supplies unless the gaming supplies are approved by the board and (

a) the person is registered to deal in gaming supplies, (

b) the person is a licensee under a gaming or facility licence, (

c) the person is an employee or agent of a person described in clause (

a) or (b), or (

d) the person is using the supplies to play a gaming activity that is authorized by a gaming licence. Inducing breach of contract 41(1) In this section, “gaming contract” means a contract in which one party agrees to provide gaming supplies, gaming workers or a licensed facility to a gaming licensee.

(2) No person (

a) who sells gaming supplies, (

b) who is a facility licensee or an employee or agent of a facility licensee, or (

c) who is a gaming worker may induce a gaming licensee who is a party to a gaming contract to break the contract for the purpose of the person or the person’s employer or principal entering into a gaming contract with the gaming licensee. Registration 42(1) The board is responsible for registrations under this Part.

(2) Registrations are governed by the regulations. 18

Provincial Lotteries Commission’s authority 43 The C ommission may conduct and manage provincial lotteries on behalf of the Government of Alberta either alone or in conjunction with the government of another province. Agreements 44 The C ommission may, on behalf of the Government of Alberta, enter into agreements with the governments of any other provinces regarding the conduct and management of a provincial lottery within Alberta and those other provinces.

Lottery tickets 45 No person, unless authorized by the C ommission, may make, sell, advertise or distribute lottery tickets with respect to a provincial lottery. Video lottery terminals 46(1) No person may make, sell, advertise or distribute a video lottery terminal unless the terminal is approved by the C ommission and the person is registered to deal in video lottery terminals.

(2) No person may possess a video lottery terminal unless the terminal is approved by the C ommission and (

a) the person operates an establishment in which the video lottery terminal is used and the use of the video lottery terminal in the person’s establishment is authorized by the C ommission, or (

b) the person is registered to deal in video lottery terminals or is an employee or agent of a person who is registered to deal in video lottery terminals.

PART 3 LIQUOR Liquor control 47 No person may, except in accordance with this Act or in accordance with a liquor licence, manufacture, import, purchase, sell, transport, give, possess, store, use or consume liquor. Issuing licences 48(1) The board may, with or without a hearing, issue a liquor licence to an applicant if (

a) the board considers it is appropriate to do so, (

b) the applicant is eligible to receive the licence, and 19

(

c) the requirements of this Act for issuing the licence have been met.

(2) A licence may only be issued in respect of one premises. Eligibility of minors 49 No liquor licence may be issued (

a) to a minor, or (

b) to a corporation if the majority of the corporation’s directors or officers are minors, or if the employee or agent who is to be in charge of the premises described in the application is a minor. Eligibility of persons related to Commission 50(1) No liquor licence may be issued (

a) to or for the benefit of a person who is a member of the board or an employee or agent of the C ommission, or (

b) in respect of any premises if a member of the board or an employer or agent of the C ommission is an owner or part owner of the premises or holds an interest in the premises.

(2) This

section does not apply to (

a) the issuing of a special event licence, or (

b) the issuing of a licence to an agent of the C ommission authorizing the manufacture of liquor. Prohibition area 51 D espite anything in this Act, no liquor hence, other than a special event hence, may be issued for the area described in

section 146(

a) and (

b) of the Liquor C ontrol Act as it read before the coming into force of

section 136 of this Act.

Definitions 52 In sections 53 to 56, (

a) licensed premises” does not include licensed premises under a special event licence; (

b) liquor licence does not include a special event licence. Areas where there are no liquor licences 53 If the board receives an application for a liquor licence for proposed licensed premises in a municipality, Metis settlement or Indian reserve in which there are no licensed premises, the board 20

must refer the application to the municipality, Metis settlement or Indian band unless (

a) in the case of an application for proposed licensed premises in a municipality or Metis settlement, the application is received by the board within 3 years after a vote has been held under

section 54 in respect of a municipality or

section 55 in respect of a Metis settlement, or (

b) in the case of an application for proposed licensed premises on an Indian reserve, the application is received by the board within 3 years from the date that the board referred a previous application to the Indian band under

section 56. Application referred to municipality 54(1) When an application for a licence is referred to a municipality under

section 53, the municipality must, within 90 days of the application being referred to it, submit a question on the application to a vote of the electors and the vote of the electors must be conducted in accordance with the Local Authorities Election Act.

(2) The municipality must advise the board of the results of the vote and (

a) if the majority of the electors voting approve of the liquor licence being issued, the board may issue the licence, and (

b) if the majority of the electors voting oppose the liquor licence being issued, the board may not issue a licence or accept an application for a licence that would authorize licensed premises within the municipality for 3 years after the vote. Application referred to Metis settlement 55(1) When an application is referred to a Metis settlement under

section 53, the Metis settlement must, within 90 days of the application being referred to it, hold a vote on the application at a public meeting and sections 54 and 55 of the M etis Settlem ents Act apply to the vote as though it was a vote on a proposed bylaw.

(2) The Metis settlement must advise the board of the results of the vote and (

a) if the majority of the settlement members voting approve of the liquor licence being issued, the board may issue the licence, and (

b) if the majority of the settlement members voting oppose the liquor licence being issued, the board may not issue a licence or accept an application for a licence that would 21

authorize licensed premises in the Metis settlement for 3 years after the vote. Application referred to Indian band 56(1) When an application is referred to an Indian band under

section 53, the band has 90 days after the application has been referred to it to advise the board if it approves of the issuing of the liquor licence.

(2) If the Indian band advises the board within the 90 days that it approves of the issuing of the liquor licence, the board may issue the licence.

(3) If the Indian band does not advise the board of its decision within the 90 days or if the band advises the board within the 90 days that it does not approve of the issuing of the liquor licence, the board may not issue a licence or accept an application for a licence that would authorize licensed premises in the Indian reserve for 3 years from the date that the board referred the application to the band.

Extending time period 57 The board may extend the 90-day periods referred to in sections 54 to 56 on the request of a municipality, Metis settlement or Indian band and, if an extension is granted, the references to 90 days in those sections refer to the extended time period. Conditions 58(1) The board’s policies respecting the activities authorized by a liquor licence are conditions of the licence, including policies made after the licence is issued.

(2) The C ommission must provide a licensee with a copy of the board policies that are conditions of the liquor licence and any amendments to those policies.

(3) When issuing a liquor licence, the C ommission may, with or without a hearing, impose conditions on a licence that are in addition to the conditions referred to in subsection (1).

(4) When the board imposes a condition under subsection (3) without a hearing, the board must give the licensee information about an application for a hearing. 22

Representatives of Liquor Suppliers Registration required 59(1) No liquor supplier may authorize a liquor agency to be its representative in the sale of its liquor unless the liquor agency is registered for that purpose.

(2) No liquor agency may act as the representative of a liquor supplier in the sale of the supplier’s liquor unless the liquor agency is registered for that purpose.

(3) No liquor agency may authorize a person to act as a representative of a liquor supplier in the sale of the supplier’s liquor unless the person is registered for that purpose.

(4) No employee or agent of a liquor agency may act as a representative of a liquor supplier in the sale of the supplier’s liquor unless the employee or agent is registered for that purpose.

(5) No liquor supplier may authorize its employees to represent the supplier in the sale of the supplier’s liquor unless the employees are registered for that purpose.

(6) No employee of a liquor supplier may act as the supplier’s representative in the sale of the supplier’s liquor unless the employee is registered for that purpose. Registration 60(1) The board is responsible for registrations under this Part.

(2) Registrations are governed by the regulations. Regulation of Licensees and Activities on Licensed Premises Forced sales 61 No liquor licensee or employee or agent of a liquor licensee may require or demand, by force or otherwise, that a person buy liquor in the licensed premises. Remuneration based on sales 62(1) No person may enter into an agreement in which one party is to receive remuneration for working in licensed premises if the remuneration varies with the amount of liquor sold at the licensed premises.

(2) An agreement entered into in contravention of subsection (1) is void. 23

Agreements with liquor suppliers and agencies 63(1) Unless the regulations provide otherwise, no liquor supplier or liquor agency may enter into an agreement with a liquor licensee whose licence authorizes the sale of liquor to customers for their own consumption in which the licensee agrees to sell the liquor of the supplier or agency.

(2) Unless the regulations provide otherwise, no liquor licensee whose licence authorizes the sale of liquor to customers for then- own consumption may enter into an agreement with a liquor supplier or liquor agency in which the licensee agrees to sell the liquor of the supplier or agency.

(3) Unless the regulations provide otherwise, an agreement entered into in contravention of subsections (1) and (2) is void. Advertising and promoting of liquor 64(1) The board may make policies respecting the advertising and promoting of liquor or products that contain liquor.

(2) Every liquor licensee, liquor supplier, liquor agent and registrant under this Part must comply with the policies. Sale at licensed premises 65(1) No liquor licensee or employee or agent of a liquor licensee whose licence authorizes the sale or provision of liquor at licensed premises may sell, offer to sell or provide liquor at the licensed premises (

a) unless the liquor was purchased from the C ommission or acquired in accordance with board policies, and (

b) except during the hours and on the days when the liquor may be sold or provided under the regulations or stadium bylaws.

(2) No liquor licensee or employee or agent of a liquor licensee may sell, offer to sell or provide from the licensed premises liquor to be consumed off the licensed premises unless the licensee’s licence authorizes those activities. Conduct on licensed premises 66(1) No liquor licensee or employee or agent of a liquor licensee may permit any activity in the licensed premises that (

a) is unlawful. (

b) is detrimental to the orderly operation of the premises, (

c) may be injurious to the health or safety of people in the premises, or 24

(

d) is prohibited under the licence or by the regulations.

(2) No person may do anything in licensed premises that (

a) is detrimental to the orderly operation of the premises, (

b) may be injurious to the health or safety of people in the premises, or (

c) is prohibited under the licence or by the regulations. Leaving licensed premises when requested 67 No person may (

a) remain in licensed premises after having been requested to leave the premises by the liquor licensee or an employee or agent of the liquor licensee, or (

b) enter licensed premises after having been forbidden to enter the premises by the liquor licensee or an employee or agent of the liquor licensee. Leaving licensed premises on closing 68(1) Except in those licensed premises prescribed in the regulations, every person other than the liquor licensee and the liquor licensee’s employees or agents must leave licensed premises when the sale and consumption of liquor in those premises are required to cease under the regulations or stadium bylaws.

(2) Except as provided in the regulations, no liquor licensee or employee or agent of a liquor licensee may permit any person to be in licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws.

(3) No person may consume and no liquor licensee or employee or agent of a liquor licensee may permit a person to consume liquor on licensed premises when the sale and consumption of liquor in those premises are prohibited under the regulations or stadium bylaws. Homemade liquor 69(1) No liquor licensee or employee or agent of a liquor licensee may permit liquor referred to in

section 83(1) on any licensed premises unless the liquor is being judged in a competition authorized by a special event licence.

(2) No person may on any licensed premises consume liquor that the person knows has been made under the authority of

section 83(1) unless the consumption occurs as part of the judging of the liquor in a competition authorized by a special event licence. 25

Adulteration of liquor 70(1) No liquor licensee or employee or agent of a liquor licensee or any other person may (

a) mix or permit to be mixed with any liquor that is in the possession of a liquor licensee any drug or any form of methyl alcohol or any crude, unrectified or impure form of ethyl alcohol or any other deleterious substance or liquid, or (

b) blend or permit to be blended one type or brand of liquor with another type or brand of liquor that is in the possession of a liquor licensee by exchanging or combining the contents of one container with that of another container except when using an automatic dispensing device approved by the C ommission.

(2) No liquor licensee or employee or agent of a liquor licensee may add water or permit water to be added to any liquor sold or given to a customer so as to reduce the percentage of alcohol by volume without the knowledge and consent of the customer. Minors on licensed premises 71(1) If a person who appears to be a minor requests to purchase or be given liquor from a liquor licensee, the licensee or other person to whom the request is made must, before granting the request, demand that the person who appears to be a minor provide proof of age.

(2) No minor may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

(3) No liquor licensee may permit a minor to enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

(4) If a person who appears to be a minor enters licensed premises which a minor is not entitled to enter or be in, the liquor licensee must demand that the person who appears to be a minor produce proof of age.

(5) If a person makes a request for identification under subsection (1) or (4) and the person who appears to be a minor fails to produce identification that is satisfactory to the person making the request, the liquor licensee must (

a) not serve liquor to that person, and 26

(

b) refuse the person entry or ask the person to leave if the . licence prohibits a minor from entering and being in those licensed premises. Supplying liquor to minor72 No person may give or sell or permit any person to give or sell liquor to a minor in licensed premises. Activities Involving Liquor Commission’s general authority 73 The C ommission may import, purchase, sell, transport, possess and store liquor. Importation 74 No person may import liquor into Alberta unless (

a) the liquor has been purchased by or on behalf of the C ommission and the liquor is consigned to the C ommission, (

b) the person is a manufacturer and the board has authorized the manufacturer to import the liquor for the purposes of blending with and flavouring liquor made by the manufacturer, or (

c) the importation is authorized by this Act or a federal Act. Business of transporting passengers 75 The board may authorize a liquor licensee that is in the business of transporting passengers in a commercial public conveyance, other than local transit buses and trains, to bring liquor into Alberta in the commercial public conveyance, and the liquor may be sold to passengers in the commercial public conveyance in accordance with the licence.

Sales to Commission 76(1) No manufacturer may sell the liquor it makes to any person other than the C ommission unless the manufacturer’s liquor licence provides otherwise. (2) Subsection (1) does not apply to liquor that a manufacturer exports from Alberta.

(3) No person who imports liquor under

section 74(

b) or (

c) may sell the liquor to any person other than the C ommission unless the board provides otherwise. 27

Sales to licensee 77(1) When the C ommission sells liquor to liquor licensees, the price of liquor must be the same, at any one time, for all licensees holding the same class of licence,

(2) The C ommission must not deliver liquor it has sold until the purchaser has paid for the liquor in the manner required by the board. Prohibited sales 78 Unless authorized by this Act or a liquor licence, no person may through the person’s own actions or through the person’s employees or agents (

a) display liquor for sale, (

b) store liquor for sale, or (

c) directly or indirectly sell or offer to sell liquor. Sale of liquor under Civil Enforcement Act 79 A civil enforcement agency may seize liquor in accordance with the C ivil Enforcem ent Act, and the board may, subject to any conditions it considers advisable, authorize the civil enforcement agency to sell the liquor. Transportation 80 A common carrier or other person may, in accordance with this Act, transport liquor from a place where liquor is lawfully located to another place where liquor may be lawfully located.

Consumption in vehicles 81 Except as otherwise provided for in this Act or in a liquor licence, no person may consume liquor in a vehicle unless, when the liquor is being consumed, the vehicle is a temporary residence. Gift of liquor 82 Subject to the regulations, a person other than a minor may make a gift of liquor that was lawfully made, purchased or imported and a person other than a minor may receive a gift of this liquor. Adults 83(1) An adult may make, in the adult’s residence, wine, cider and beer up to a quantity permitted under the regulations.

(2) No adult may make spirits except in accordance with a licence.

(3) An adult may import into Alberta liquor of a kind and up to a quantity that is permitted under the regulations. 28

(4) An adult may purchase liquor from a licensee or as otherwise authorized by the regulations.

(5) An adult may possess liquor lawfully made, purchased, imported or received as a gift, and (

a) store it in a residence, temporary residence or other place authorized by this Act, and (

b) use and consume it in a residence, temporary residence or other place authorized by this Act. Minors 84(1) Subject to subsection (3) and

section 85, no minor may (

a) purchase or attempt to purchase liquor: (

b) obtain or attempt to obtain liquor; (

c) possess or consume liquor.

(2) Subject to subsection (3) and

section 85, no person may sell, attempt to sell or give liquor to a minor.

(3) An adult who is the parent, guardian or spouse of a minor and who is in lawful possession of liquor may give the liquor to a minor in a residence or a temporary residence. Religious ceremonies 85 A priest, clergyman, minister or other rehgious leader may, in the performance of religious ceremonies or sacraments, give liquor, approved by the C ommission for sacramental purposes, to a minor or an adult in accordance with the practices of the religion.

Public place 86(1) Except as provided in this Act, no person may use or consume liquor in a public place or any place other than a residence, temporary residence, licensed premises or a place or class of place prescribed in the regulations where liquor may be used or consumed.

(2) D espite subsection (1), a person may consume liquor with food in a public park in a picnic area designated by the owner or operator of the public park during the hours designated by the owner or operator if a sign is posted that (

a) states that a person may consume liquor with food in the designated picnic area, (

b) sets out the designated picnic area, and (

c) sets out the hours when liquor may be consumed with food. 29

(3) A person must stop consuming liquor in a designated picnic area if a peace officer on reasonable and probable grounds believes that the person is intoxicated or is not consuming food while consuming liquor in a designated picnic area and the peace officer requests that person to stop consuming liquor. Unauthorized places 87 An owner or operator, or an employee or agent of an owner or operator, of a place that is not (

a) a residence, (

b) a temporary residence, (

c) licensed premises, (

d) a place prescribed in the regulations where liquor may be stored, used or consumed, or (

e) a picnic area in a public park that is designated and where a sign is posted in accordance with

section 86(2), may not knowingly allow a person to possess, use or consume any liquor at that place.

PART 4 BOARD HEARINGS AND SANCTIONS Suspension, cancellation etc. by board 88(1) The board may do one or more of the things referred to in subsection (2) if the board is of the opinion that (

a) a licensee or registrant has failed to comply with this Act, an order of the board or a condition imposed on a licence or registration; (

b) a liquor licensee has failed to comply with stadium bylaws; (

c) a licensee has failed with respect to licensed premises or a licensed facility to comply with the Safety C odes Act, orders under the Public H ealth Act or arty municipal bylaw; (

d) an owner of licensed premises or facilities or a manager of licensed premises or facilities or, if the licensee is a corporation, an employee or agent of the corporation who is in charge of the licensed premises or facilities has been convicted of an offence under this Act or stadium bylaws; 30

(

e) if the licensee or registrant is a corporation, a shareholder, director, officer or employee of the corporation has been convicted of an offence under this Act.

(2) If subsection (1) applies, the board may, by order, with respect to a licensee or registrant do any one or more of the following, with or without a hearing: (

a) issue a warning; (

b) impose conditions on the licence or registration or rescind or amend existing conditions on the licence or registration; (

c) impose a fine of not more than $100 000 and refuse to renew a licence of a licensee or to renew the registration of a registrant until the fine is paid; (

d) suspend or cancel the licence or registration.

(3) A licence or registration may not be cancelled or suspended on the grounds referred to in subsection (1)(

d) or (

e) until the conviction becomes final. Sanction if licensee becomes ineligible 89(1) If after a licence is issued or a person is registered the licensee or registrant becomes ineligible for a licence because of either the licensee’s or registrant’s own actions or those of (

a) an owner or lessee of the licensed premises or facilities, (

b) a manager of the licensed premises or facilities or, if the licensee is a corporation, an employee or agent of the corporation who is in charge of licensed premises or facilities, or (

c) if the licensee or registrant is a corporation, a shareholder, director, officer or employee of the corporation, the board may, by order, with or without a hearing, do one or more of the following: (

d) cancel or suspend the licence; (

e) require a person to dispose of an interest in the business under which the activities authorized by the licence or registration are carried out; (

f) require a person to dispose of an interest in licensed premises or facilities. 31

(2) If the ineligibility referred to in subsection (1) is caused by a conviction of an offence under this Act or a federal Act specified in the regulations, the board may not make an order under this

section until the conviction becomes final. Board order 90 When the board makes an order under

section 88 or 89, the board must give the licensee or registrant (

a) a copy of the order, (

b) a written

summary of the reasons and information on which the order is based, and (

c) information about an application for a hearing if the order was made without a hearing. Application for board hearing 91(1) A licensee or registrant may apply to the board for a hearing if the board has, without a hearing in respect of that licensee or registrant, (

a) made an order under

section 88 or 89, (

b) imposed conditions on the licence under

section 38(3) or 58(3), or (

c) imposed conditions on the registration under the regulations.

(2) A person who is refused a licence or registration by the board without a hearing may apply to the board for a hearing.

(3) A person whose liquor, containers, video lottery terminals or gaming supplies have been seized under

section 92 or 103 may apply to the board for a hearing.

(4) An applicant for a hearing must apply in writing to the board within 30 days of receiving notice of the matter in respect of which a hearing is requested, or a longer period as the board permits.

(5) The application must describe the matter in respect of which a hearing is requested and set out the reasons for making the application.

(6) Within 30 days of receiving an application, the board must conduct a hearing and give the applicant an opportunity to make representations to the board.

(7) After a hearing under this section, the board may by order 32

(

a) confirm the original order or decision, (

b) replace the order or decision with another order or decision made in accordance with the authority for the order or decision, (

c) cancel the original order or decision, or (

d) in the case of a hearing applied for under subsection (3), confirm the seizure and declare the goods forfeited to the C ommission or direct that any or all of the seized goods be returned.

(8) The board must provide the applicant with a copy of its order and written reasons. Disposition of liquor 92(1) When a liquor licence is suspended or cancelled, the C ommission may purchase liquor from the person whose licence has been suspended or cancelled or authorize the person to sell the liquor to a licensee if the liquor is, in the opinion of the C ommission, suitable for resale.

(2) If the liquor in the possession of a person whose liquor licence has been suspended or cancelled was not lawfully acquired or is not, in the opinion of the C ommission, suitable for resale, the liquor and containers are forfeited to the C ommission and the person must, on the request of the C ommission, deliver all liquor and containers in the person’s possession pursuant to the licence or on the licensed premises to the C ommission.

(3) If the person whose licence has been suspended or cancelled fails to deliver liquor and containers as requested under subsection (2), the liquor and containers may be seized by an inspector.

(4) When an inspector seizes liquor and containers, the inspector must (

a) give a notice to the person from whom the liquor and containers were seized that sets out the reasons for the seizure and notifies the person of the right to a hearing before the board, and (

b) deliver the liquor and containers to the C ommission. Disposition of gaming supplies 93 A person whose facility licence has been suspended or cancelled must dispose of any gaming supplies in the person’s possession in accordance with the board s instructions. 33

Notices 94(1) Notice of any decision or board order made under

section 38(3), 58(3), 88 or 89 or any decision or order under the regulations that imposes conditions on a registration must be given to the licensee or registrant (

a) by sending it by registered mail to the last address of the licensee or registrant in the C ommission’s records, or (

b) by giving it personally to the licensee or registrant or an agent of the licensee or registrant.

(2) Unless otherwise provided for in this Act, any other notice that is to be given to a person under this Act by the board or C ommission may be sent by ordinary mail to the last address for the person in the C ommission’s records.

PART 5 ENFORCEMENT Inspections, Search and Seizure Inspectors 95(1) The C ommission may, in writing, designate any employee of the C ommission or any other person as an inspector.

(2) Every police officer as defined in the Police Act is an inspector for the purposes of this Act. Obstruction of inspector 96 No person may hinder, obstruct or impede an inspector in the performance of the inspector’s duties or in the exercise of the inspector’s powers. Reports 97 Every licensee or registrant must, when required in writing by the C ommission, provide the C ommission with reports and information specified by the C ommission for the purposes of determining if this Act and the conditions imposed on the licensee’s licence or registrant’s registration are being complied with.

Liquor samples 98 A liquor licensee must, when required by the C ommission, provide the C ommission with samples of liquor that the licensee is selling or intends to sell. Responsibility of directors and officers 99 If a corporation is a licensee or registrant and a duty is imposed on the licensee or registrant under this Act, the duty is also imposed (

a) on any director or officer of the corporation, or 34

(

b) if the licence is a liquor licence or facility licence, the director, officer, employee or agent who is in charge of the licensed premises or licensed facility. Inspection of premises and facilities 100(1) To ensure compliance with this Act an inspector may enter and inspect, at any reasonable time, (

a) licensed premises or facilities, (

b) premises with respect to which a liquor licence has been suspended or cancelled, (

c) a facility with respect to which a facility licence has been suspended or cancelled, or (

d) the offices of a common carrier doing business in Alberta that may contain records and documents relating to liquor stored or transported in Alberta.

(2) An inspector may enter and inspect, at any reasonable time, premises or facilities described in an application for a licence to determine if the premises or facilities meet the requirements of this Act.

(3) When acting under the authority of this section, an inspector must carry identification in the form established by the board and present it on request to the owner or occupant of the premises being inspected.

(4) In carrying out an inspection an inspector (

a) may, in an inspection relating to liquor, (

i) take reasonable samples of liquor for testing and analysis, (ii) inspect, examine and make copies of records and documents relating to liquor or a licence or temporarily remove any of them to make copies, and (iii) interview and request identification from people in the licensed premises who appear to be minors, and (

b) may, in an inspection relating to gaming activities, (

i) take reasonable samples of gaming supplies, 35

(ii) inspect, examine and make copies of records and documents relating to gaming activities and gaming supplies or temporarily remove any of them to make copies, and (iii) interview and request identification from people in the licensed facility who appear to be minors.

(5) When an inspector removes records and documents under subsection (4), the inspector must (

a) give to the person from whom they were taken a receipt for them, and (

b) within a reasonable time, return them to that person. Duty to assist inspector 101 A licensee, an applicant for a licence and a common carrier and their officers, employees and agents must, on the request of an inspector, (

a) assist the inspector in carrying out an inspection under

section 100, and (

b) provide the inspector with records and documents and provide a place where they may be examined. Inspectors assigned to manufacturers’ licensed premises 102(1) The C ommission may assign an inspector to work at the licensed premises of a manufacturer for the purposes of ensuring that the manufacturer is complying with this Act

(2) After a manufacturer receives reasonable notice from the C ommission that an inspector has been assigned to its licensed premises, the manufacturer must provide the inspector with (

a) office accommodation, facilities and equipment at the licensed premises as specified by the C ommission, and (

b) records and documents that are required by the inspector and any assistance the inspector requires in carrying out an inspection.

(3) An inspector assigned to licensed premises has all of the powers and duties of an inspector under

section 100. Seizure of liquor and gaming supplies 103(1) An inspector who. while carrying out an inspection under

section 100, finds any liquor, video lottery terminals or gaming supplies that the inspector believes on reasonable and probable grounds are unlawfully acquired or kept or kept for unlawful 36

purposes in contravention of this Act or a condition imposed on a licence or registration may immediately seize and remove the liquor and the containers in which it is held or the video lottery terminals or gaming supplies.

(2) When an inspector seizes liquor and containers, video lottery terminals or gaming supplies, the inspector must (

a) give a notice to the person from whom the liquor and containers or the terminals or gaming supplies were seized that sets out the reasons for the seizure and notifies the person of the right to a hearing before the board, and (

b) deliver the liquor and containers or the terminals or gaming supplies to the C ommission. Warrantless search and seizure 104(1) A peace officer who on reasonable and probable grounds believes (

a) that liquor is on or near a vehicle and is being kept unlawfully or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence, and (

b) that obtaining a warrant would cause a delay that could result in the loss or destruction of evidence may without warrant and, if necessary, by reasonable force conduct a search for that liquor (

c) in or near the vehicle, or (

d) on the person of anyone found in or near the vehicle.

(2) A peace officer who, in making a search under subsection (1), finds liquor that the peace officer believes on reasonable and probable grounds is unlawfully kept or kept for unlawful purposes in contravention of this Act or a condition imposed on a licence may (

a) immediately seize the liquor and the container in which it is held, and (

b) if the peace officer believes on reasonable and probable grounds that an offence under

section 78 is being or has been committed by the occupant or person in charge of a vehicle in or near which liquor is found, seize and remove that vehicle.

(3) Following a seizure of a vehicle under subsection (2), the peace officer must, within a reasonable time. 37

(

a) provide a justice with an affidavit (

i) stating that the peace officer has reason to believe that a person committed an offence under

section 78 while being an occupant or in charge of the vehicle that was seized, and (ii) stating the name of the person alleged to have committed an offence under

section 78, or (

b) return the vehicle to the person from whom it was seized.

(4) A justice, on receipt of an affidavit under subsection (3), may order that the affidavit be served on the person referred to in subsection (3)(a)(ii) and set down a date to hear the matter and may order that the vehicle be (

a) retained by the C rown until final disposition of the charge under

section 78, or (

b) returned to the person from whom it was seized.

(5) If a vehicle is returned under subsection (4)(b), the justice may order the person to whom it is returned (

a) to hold it as bailee for the C rown until final disposition of the charge under

section 78, and (

b) to produce it if it is required with respect to proceedings related to the charge under

section 78. Abandoned liquor 105 If a peace officer finds liquor on any premises or in a place and the peace officer believes on reasonable and probable grounds that there is no apparent owner of the liquor, the peace officer may immediately seize and remove the liquor and containers, and the liquor and containers are forfeited to the C rown. Seizure report106 When liquor is seized by a peace officer, a report in writing of the particulars of the seizure must be made, if required by the C ommission, in the manner directed by the C ommission.

Disposition of liquor on conviction 107 When a conviction under this Act becomes final, any liquor and containers in respect of which the offence was committed that were seized are, as part of the penalty for the conviction, forfeited to the C rown. ’ 38

Special situations 108(1) If a person charged with an offence under this Act is not convicted, the C rown may apply to a justice for an order declaring that any liquor and containers seized with respect to that charge are forfeited to the C rown.

(2) A justice may grant the order after holding a hearing in which notice is given to the persons specified by the justice in the manner specified by the justice. Forfeiture of seized conveyance 109 On the conviction of the occupant or person in charge of a vehicle for an offence under

section 78, the justice making the conviction may declare, as part of the penalty for the conviction, that any vehicle seized pursuant to

section 104 or pursuant to a warrant is forfeited to the C rown. Claims by interest holders 110(1) Any person who claims an interest in any liquor, container or vehicle that is forfeited to the C rown may apply by originating notice to a judge of the C ourt of Queen’s Bench for an order under subsection (6) or (7). (2) Subsection (1) does not apply to a person who was convicted of an offence that resulted in the forfeiture.

(3) An applicant has (

a) in the case of a forfeiture under

section 105, 90 days after the forfeiture to apply to a judge, and (

b) in any other case, 30 days after the forfeiture to apply to a judge.

(4) The judge to whom an application is made under subsection (1) must fix a day for the hearing that is not less than 30 days after the date of filing of the application.

(5) The applicant must serve a notice of the application and of the hearing on the Minister of Justice and Attorney General at least 15 days before the day fixed for the hearing.

(6) If, on hearing an application involving abandoned liquor, the judge is satisfied that the applicant has an interest in the liquor and containers, and it is reasonable that the liquor and containers be released to the applicant or any other person, the judge may grant an order cancelling the forfeiture and requiring the liquor to be released to the applicant or other person.

(7) If, on hearing an application involving an offence under this Act, the judge is satisfied that 39

(

a) the applicant is innocent of any complicity in the offence or alleged offence that resulted in the forfeiture and of any collusion in relation to that offence or alleged offence with any person who may have committed the offence or alleged offence, and (

b) it was reasonable for the applicant to be satisfied that the person permitted to obtain the property was not likely to use the property in contravention of this Act or, in the case of a mortgagee or lien-holder, that the mortgagor or the person giving the lien was not likely to use the property in contravention of this Act, the applicant is entitled to an order declaring that the applicant s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest. Disposition of forfeited liquor 111(1) Liquor that is forfeited to the C rown under this Act must be disposed of or destroyed under the direction of the Minister of Justice and Attorney General.

(2) Liquor that is forfeited to the C ommission under this Act must be disposed of or destroyed under the direction of the C ommission. Taking intoxicated person into custody 112(1) No person may be intoxicated in a public place.

(2) If a peace officer on reasonable and probable grounds believes that a person is intoxicated in a public place, the peace officer may, instead of charging the person with an offence, take the person into custody to be dealt with in accordance with this section.

(3) A person in custody pursuant to subsection (2) may be released from custody at any time if on reasonable and probable grounds the person responsible for the custody believes that (

a) the person in custody has recovered sufficient capacity that, if released, the person is unlikely to injure himself or be a danger, nuisance or disturbance to others, or (

b) a person capable of taking care of the person taken into custody undertakes to take care of that person.

(4) A person taken into custody under this

section may not be held in custody for more than 24 hours after being taken into custody.

(5) No action lies against a peace officer or other person for anything done in good faith with respect to the apprehension, custody or release of a person pursuant to this section. 40

Offences and Penalties General offence 113 A person who contravenes

section 36,40, 41,45, 46, 47, 61, 62(1), 63, 65, 66, 67, 68, 69, 70, 71, 72, 74, 76, 78, 81, 83(2), 84,’ 86, 87, 96, 97, 98 or 112(1) or a

section in the regulations the contravention of which is designated by the regulations to be an offence is guilty of an offence. General penalty 114(1) An individual who is convicted of an offence for which no specific penalty has been provided is liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both the fine and imprisonment.

(2) A corporation convicted of an offence for which no specific penalty has been provided is liable to a fine of not more than $50 000. Provincial lottery schemes 115 A person who contravenes

section 45 or 46 is liable to a fine of not more than $500 000 or to imprisonment for not more than 12 months, or to both. Adulteration of liquor and prohibited sales 116(1) An individual who contravenes

section 70 or 78 is liable to a fine of not more than $50 000 or to imprisonment for not more than 12 months, or to both the fine and imprisonment.

(2) A corporation that contravenes

section 70 or 78 is liable to a fine of not more than $100 000. Liability of corporation officials, partners 117(1) If a corporation commits an offence under this Act, any officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence.

(2) If a partnership that is the holder of a licence commits an offence under this Act, every member of the partnership who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the partnership has been prosecuted or convicted of the offence. 41

Responsibility of licensee 118 If an employee or an agent of a licensee contravenes a provision of this Act. the licensee is deemed also to have contravened the provision unless the licensee establishes on a balance of probabilities that the licensee took all reasonable steps to prevent the employee or agent from contravening the provision. Responsibility of occupant 119(1) In this section, “occupant” means a person who is entitled to occupy a building that is not licensed premises or a licensed facility.

(2) If an employee or agent of an occupant contravenes a provision of this Act in the building of an occupant, the occupant is deemed also to have contravened the provision unless the occupant can establish on a balance of probabilities that the occupant took all reasonable steps to prevent the employee or agent from contravening the provision. Prosecution and Evidence Description of offence 120(1) In describing an offence respecting (

a) the sale or keeping for sale or other disposal of liquor, or (

b) the purchasing, giving, receiving, possessing, storing, transporting, using, consuming or importing of liquor, in any information, summons, conviction, warrant or proceeding under this Act, it is not necessary to state the name or kind of liquor or the price of it.

(2) It is not necessary to state in any information, summons, conviction, warrant or proceeding under this Act (

a) the person to whom liquor was sold or disposed of, (

b) the person by whom liquor was taken or consumed, (

c) the person from whom liquor was purchased or received, or (

d) the quantity of liquor sold, kept for sale, disposed of, purchased, given, received, possessed, stored, transported, used, consumed or imported except in the case of offences where the quantity is essential, and then it is sufficient to allege that the liquor was more or less than that quantity. 42

Certificate of analysis 121

(1) The Minister may designate any person to act as an analyst with respect to any analysis or description of any ingredient, quality or quantity of any substance for the purposes of or in connection with this Act.

(2) In every prosecution under this Act, the certificate of analysis furnished by an analyst designated under subsection (1) must be accepted as prima facie proof of the facts stated in it and of the authority of the person giving or issuing the certificate without proof of the appointment or signature of the analyst. Evidence by certificate 122(1) A copy of a book, document, voucher or other paper obtained under this Act and certified by an inspector to be a true copy must be admitted in evidence in any action, proceeding or prosecution under this Act as prima facie proof of the original record without proof of the signature or appointment of the inspector.

(2) A certificate purporting to be signed by the chief executive officer or a person authorized by the chief executive officer that sets out any action or decision of the C ommission or the board must be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature or the official character of the person signing it. Actions against a corporation 123 In all prosecutions under this Act against a corporation, each summons, warrant, order, writ or other document may be served on the corporation (

a) by being delivered to an officer, attorney or agent of the corporation within Alberta, (

b) by being left at any place within Alberta where the corporation carries on any business, (

c) by being left at the registered office of the corporation, or (

d) in any other manner authorized by law. Proof of incorporation 124 In any prosecution, action or proceeding under this Act in which it is alleged that a corporation is or has been guilty of an offence under this Act, the fact of the incorporation of the corporation must be presumed, unless satisfactory proof is produced to the contrary. 43

Disposition of fines 125(1) Subject to the regulations, a fine imposed and collected pursuant to a conviction for an offence occurring in a municipality enures to the benefit of the municipality.

(2) Any fine or penalty imposed under this Act on a conviction for an offence occurring in an Indian reserve or Metis settlement elsewhere than on a primary highway or on a road designated as a secondary road under the Public H ighw ays D evelopm ent Act enures to the benefit of the Indian band or Metis settlement.

PART 6 REGULATIONS Lieutenant Governor in Council regulations 126(1) The Lieutenant Governor in C ouncil may make regulations (

a) defining, for the purposes of this Act, words and phrases that are not defined in the Act; (

b) specifying, for the purposes of the definition of gaming supplies in

section 1(1)(j), things that are not gaming supplies; (

c) specifying, for the purposes of the definition of gaming worker in

section 1(1)(k), persons who are not gaming workers; (

d) prescribing the percentage of alcohol by volume for the purposes of the definition of liquor in

section 1(1)(q); (

e) specifying connections for the purposes of the definition of liquor supplier in

section 1(1)(t); (

f) establishing classes of gaming licences, facility licences and liquor licences; (

g) establishing classes of registration in respect of (

i) gaming workers, (ii) people who deal in video lottery terminals or gaming supplies, and (iii) liquor agents, representatives and others who are required to be registered under

Part 3; (

h) respecting application procedures for licences and registration, including requirements relating to the advertising of applications and procedures for obtaining and dealing with public responses to applications; 44

(

i) respecting conditions and eligibility requirements that must be met before a licence is issued or a person is registered; (

j) respecting when licences and registrations expire, the transfer of licences and the posting of licences, notices and information by licensees and registrants; (

k) respecting conditions that may be imposed on registrations; (

l) respecting fees for licences and registrations; (

m) respecting the requirements and consequences that apply despite anything in this Act (

i) if a licensee sells or assigns the business under which the activities authorized by the licence are carried out, or becomes dispossessed of the business by bankruptcy or operation of law, or (ii) if a licensee who is an individual dies; (

n) respecting relationships and activities between (

i) liquor suppliers, their officers, directors and employees and liquor agencies and representatives that are required to be registered under

Part 3, and (ii) liquor licensees and their businesses and property, and the board, the C ommission and its employees or agents; (

o) respecting relationships and activities between (

i) liquor licensees and their officers, directors and employees, and (ii) the board, the C ommission, its employees and persons who provide services for or on behalf of the C ommission; (

p) respecting agreements between liquor suppliers and liquor licensees that are permitted for the purposes of

section 63; (

q) respecting the days and hours when liquor may be sold, given or consumed on licensed premises; (

r) authorizing a municipality to pass bylaws in respect of specified classes of events and classes of licensed premises that prescribe 45

(

i) the hours of sale and consumption of liquor on the licensed premises, and (ii) the areas of the licensed premises where the sale and consumption of liquor may occur; (

s) prescribing, for the purposes of

section 68, (

i) classes of licensed premises, and (ii) when a liquor licensee or an employee or agent of a liquor licensee may be in licensed premises; (

t) respecting the quantities of wine, cider and beer that an adult may make under

section 83(1); (

u) respecting the kind and quantity of liquor that an adult may import under

section 83(3); (

v) respecting gifts of liquor; (

w) respecting licensed premises and facilities, including the persons who may be on licensed premises or facilities, the food service at licensed premises or facilities and activities that may be carried on in and near licensed premises or facilities; (

x) respecting the display, manufacture, import, purchase, sale, transport, giving, possession, storage, use and consumption of liquor; (

y) designating sections in the regulations the contravention of which is an offence,

(2) Regulations under this

section may apply generally or to a specific licensee or registrant, specific licensed premises or a specific licensed facility or a specific circumstance or situation. Board regulations 127 The board may make regulations (

a) excluding products from the definition of liquor for the purpose of

section 1(1)(q); (

b) specifying the provisions of this Act that apply to a class or type of liquor: (

c) establishing provisions that are in addition to or replace provisions of this Act in respect of a class or type of liquor. 46

PART 7 TRANSITIONAL Transitional regulations 128 The M inister m ay m ake regulations (

a) respecting the conversion to this Act of anything from the Interprovincial Lottery Act; (

b) respecting the conversion to this Act of licences, perm its and registrations or any other thing issued or m ade under the Liquor C ontrol Act or

section 207 of the C rim inal C ode (C anada); (

c) to deal w ith any difficulty or im possibility resulting from this Act or the transition to this Act from the Interprovincial Lottery Act or the Liquor C ontrol Act. Board and Chair 129(1) The m em bers of the Alberta Liquor C ontrol Board continue as m em bers of the board of the C om m ission until their term s expire or new m em bers are appointed in their place.

(2) The m em ber of the Alberta Liquor C ontrol Board designated as C hairm an continues as C hair of the board of the C om m ission until the designation is revoked. Assets and liabilities 130 The assets, liabilities, rights and obligations of the Alberta Liquor C ontrol Board are vested in the C om m ission and each em ployee of the Alberta Liquor C ontrol Board continues as an em ployee of the C om m ission until the C om m ission otherw ise directs. Liquor store leases 131 If the C om m ission is a party to a lease under

section 130 w ith respect to prem ises on w hich the Alberta Liquor C ontrol Board operated a liquor store and the lease provides for term inating the lease, discontinuing the use of the leased prem ises, discontinuing the occupation of the leased prem ises, parting w ith possession of the leased prem ises, or release from perform ing any of the term s, covenants or conditions of the lease pursuant to

an Act of the Legislature, the C om m ission m ust (

a) term inate the lease, cease to use or occupy the leased prem ises or sublet, assign or grant a concession or licence for any interest in the leased prem ises for any reasonable use, (

b) part w ith possession of the leased prem ises, and 47

(

c) be released from perform ing the term s, covenants and conditions under the lease w ith respect to those prem ises. Liquor pricing agreements and actions 132(1) Any policy of, and any agreem ent entered into, and representation m ade or purported to be m ade by the Alberta Liquor C ontrol Board, its Board or the C hairm an of its Board, before O ctober 1, 19 9 4, w ith or to a C lass D licensee or a person w ho becam e a C lass D licensee on or before O ctober 1, 19 9 4, respecting the price of liquor on or after O ctober 1, 1994 are null and void and are not binding on the Alberta Liquor C ontrol Board or the C om m ission.

(2) Any right or benefit that m ay have arisen under an agreem ent, policy or representation described in subsection (1) is null and void from the date the agreem ent, policy or representation w as m ade.

(3) N o action or proceeding m ay be instituted against the Alberta Liquor C ontrol Board, its Board or the C hairm an of its Board or the C om m ission, its board, or the C hair of its board or the C row n based on any claim for com pensation or for loss or dam age in contract, property, tort, equity or otherw ise as a result of the enactm ent of this

section or of

section 37.1 of the Liquor C ontrol Act or of the Liquor Adm inistration Am endm ent Regulation (Alta. Reg. 265/9 3).

(4) D espite subsection (3), in action 9 401 10075 in the C ourt of Q ueen’s Bench, Judicial D istrict of C algary, the C ourt of Q ueen’s Bench and any C ourt that m ay hear an appeal from that action m ay determ ine w hether a binding contractual arrangem ent existed w ith the Alberta Liquor C ontrol Board or the C row n and w hether there w as an actionable breach of that contract, and if there w as a breach, the C ourt m ay aw ard dam ages. Payments from liquor revenue 133 D espite

section 24, the C om m ission m ay pay from revenue from liquor sold by or on behalf of the C om m ission an am ount of any settlem ent m ade or judgm ent obtained (

a) as a result of the term ination of a lease of prem ises used as a liquor store in w hich the Alberta Liquor C ontrol Board or the C om m ission w as a party, or (

b) under the action referred to in

section 132(4). Liquor Licensing Appeal Council 134(1) D espite the repeal of the Liquor C ontrol Act, the Liquor Licensing Appeal C ouncil rem ains constituted and has all of its pow ers under the Liquor C ontrol Act for the purpose of 48

(

a) hearing appeals that w ere filed w ith the Appeal C ouncil before this

section cam e into force, and (

b) hearing appeals in respect of decisions of the Board of the Alberta Liquor C ontrol Board or the board of the C om m ission m ade as a result of a hearing held before this

section cam e into force.

(2) D espite the repeal of the Liquor C ontrol Act, sections 57 to 57.2 of that Act apply to appeals referred to in subsection (1).

(3) The M inister m ay dissolve the Appeal C ouncil w hen the M inister is satisfied that no appeals referred to in subsection (1) rem ain. Consequential

PART 8 CONSEQUENTIAL, REPEAL AND COMMENCEMENT 135(7) The C onflicts of Interest Act is am ended in

Part 3 of the

Schedule by striking out “The Alberta Liquor C ontrol Board” and substituting “Board of the Alberta Gaming and Liquor C ommission”.

(2) The Election Act is am ended (

a) in

section 1(

j) by striking out “Liquor C ontrol Act” and substituting “G am ing and Liquor Act”; (

b) in

section 4(1)(

a) by striking out “and of plebiscites conducted under the Liquor C ontrol Act”; (

c) in

section 7(1) by striking out “Act, elections under the Senatorial Selection Act and plebiscites under the Liquor C ontrol Act” and substituting “Act and elections under the Senatorial Selection Act”; (

d) in

section 130(1) by striking out “liquor store or”.

(3) The M unicipal G overnm ent Act is am ended (

a) in

section 365 (

i) in subsection (1) by striking out “Liquor C ontrol Act” and substituting “G am ing and Liquor Act”; (ii) by repealing subsection (2) and substituting the follow ing: 49

(2) D espite subsection (1), property listed in

section 362(n)(ii) and (iii) in respect of which a liquor licence that is specified in the regulations has been issued is exempt from taxation under this D ivision. (

b) in

section 370 by adding the follow ing after clause (c): (

d) specifying liquor licences for the purposes of

section 365(2).

(4) The Public Service Em ployee Relations Act is am ended in the

Schedule by repealing

section 6.

(5) In the follow ing provisions “Liquor C ontrol Act” is struck out and “G am ing and Liquor Act” is substituted: Act

Section Licensing of Trades and Businesses Act 2(

a) Motor Transport Act cM-20.1 27(e)(i)(

B) Young Offenders Act 8(2.1) Repeal 136 The Interprovincial Lottery Act and the Liquor C ontrol Act are repealed Coming into force 137 This Act com es into force on Proclam ation. 50 Title: 1996 (23rd, 4th) Bill 6, Gaming and Liquor Act ($)

Document details

Collection	Alberta — Bills
Citation	L23 S4 1129
Type	bill
Volume / chapter	L23 S4 1129
Language	en
Format	json
Source	PROVINCIAL
Identifier	d947dc6bee24e3b1956e3e198f436b24ce1f0c9f

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