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O. Reg. 109/21: LICENCES TO SELL LIQUOR
filed February 11, 2021 under Liquor Licence Act, R.S.O. 1990, c. L.19
Skip to contentontario regulation 109/21
made under the
Liquor Licence Act
Made: February 11, 2021
Filed: February 11, 2021
Published on e-Laws: February 11, 2021
Printed in The Ontario Gazette: February 27, 2021
Amending Reg. 719 of R.R.O. 1990
(LICENCES TO SELL LIQUOR)
1. Section 2 of Regulation 719 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsection:
(4) Sections 21 and 32 do not apply to the licence holder.
2. Section 31 of the Regulation is amended by adding the following subsection:
(5) Despite subsection (1), a licence holder may keep for sale, sell and serve liquor that was transferred to the premises to which the licence applies from another licensed premises in accordance with subsection 33 (9).
3. (1) Subsection 31.1 (1) of the Regulation is amended by adding “or at the time the liquor was transferred to the premises from another licensed premises in accordance with subsection 33 (9), as the case may be” at the end.
(2) Subsection 31.1 (2) of the Regulation is amended by adding “or that was transferred to the premises to which the licence applies from another licensed premises in accordance with subsection 33 (9), as the case may be” at the end.
4. Section 33 of the Regulation is amended by adding the following subsections:
(9) Despite subsection (1), the licence holder may permit liquor to be brought onto the licensed premises from another licensed premises if the following conditions are met:
1. The licences for the premises are held by the same licence holder, or by a licence holder and an affiliate of the licence holder, and the transfer of the liquor is carried out or supervised by the licence holder or, if applicable, affiliate.
2. Neither of the licences has been suspended, and no proposal has been issued to revoke or suspend the licence.
3. The licensed premises from which the liquor is to be transferred is no longer operating or will imminently cease to operate on either a temporary or permanent basis.
4. Before the liquor is transferred, the licence holder or, if applicable, affiliate gives written notice of the transfer to the Registrar containing the information listed in subsection (11) within the time and in the form and manner specified by the Registrar.
5. No remuneration is provided for the transferred liquor.
6. The liquor is transferred in securely closed containers.
(10) For the purposes of paragraph 1 of subsection (9), two or more persons are affiliated if they are affiliates as determined under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, if they are partners in the same partnership or if they are members of the same joint venture.
(11) For the purposes of paragraph 4 of subsection (9), the notice shall specify,
(a) the licence numbers of the licences that apply in respect of the two premises;
(b) the type, brand and quantity of liquor to be transferred;
(c) with respect to each container of liquor to be transferred, whether or not it will have been opened before the transfer; and
(d) whether the closure or imminent closure of the licensed premises from which the liquor is to be transferred is intended to be temporary or permanent.
5. Subsection 56 (1) of the Regulation is amended by striking out “who ceases to operate” and substituting “who permanently ceases to operate”.
Commencement
6. This Regulation comes into force on the day it is filed.