O. Reg. 8/05: Licences to Sell Liquor

 

ontario regulation 8/05

made under the

liquor licence act

Made: January 13, 2005
Filed: January 24, 2005
Printed in The Ontario Gazette: February 12, 2005

Amending Reg. 719 of R.R.O. 1990

(Licences to Sell Liquor)

1. Section 1 of Regulation 719 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“banquet room” means either a self-contained premises or a specific area within a licensed premises whose primary use is for private social functions booked in advance;

“commercially-made wine” means wine made by a manufacturer but does not include wine made at a brew on premise facility, wine made at an establishment with a wine pub endorsement, fortified wine as defined in Ontario Regulation 659/00 (Content and Labelling of Wine) made under the Wine Content and Labelling Act, 2000 or homemade wine;

“restaurant” means a premises or portion of a premises to which a liquor licence applies that is primarily used for the sale and service of meals for consumption by patrons seated at tables but does not include,

(a) a banquet room,

(b) premises where liquor is served under a caterer’s endorsement,

(c) premises located on the property of a post-secondary educational institution, or

(d) premises at which entertainment designed to appeal to erotic or sexual appetites or inclinations, as set out in subsection 23 (1.2), is provided;

2. Subsection 8 (2) of the Regulation is amended by adding the following paragraph:

8. A bring-your-own wine endorsement authorizing the holder of a liquor sales licence for a restaurant or for a banquet room located in a hotel or motel to permit patrons to bring unopened bottles of commercially-made wine into the restaurant or banquet room to which the licence applies for their own consumption.

3. Section 31 of the Regulation is amended by adding the following subsections:

(3) Despite subsection (1), the licence holder with a bring-your-own-wine endorsement may serve commercially-made wine to patrons who brought the wine into the restaurant to which the licence applies.

(4) Despite subsection (1), the licence holder with a bring-your-own-wine endorsement may serve commercially-made wine to patrons who brought the wine into the banquet room to which the licence applies, while the patrons are seated at tables in the banquet room consuming a meal.

4. Section 33 of the Regulation is amended by adding the following subsection:

(5) Despite subsection (1), the licence holder with a bring-your-own-wine endorsement may permit patrons to bring unopened bottles of commercially-made wine into the restaurant or banquet room to which the licence applies. 

5. Section 34 of the Regulation is amended by adding the following subsections:

(3) Despite subsection (1), where a patron has purchased a bottle of commercially-made wine from the licence holder or has brought commercially-made wine into a restaurant or banquet room and has not consumed all of the wine in a bottle that has been opened, the licence holder may permit the patron to remove the bottle containing the remaining wine from the licensed premises if the licence holder has recorked the bottle with a cork that is flush with the top of the bottle.

(4) Despite subsection (1), where a patron has brought commercially-made wine into a restaurant or banquet room and the bottle has not been opened, the licence holder shall permit the patron to remove the wine from the restaurant or banquet room when the patron departs.

(5) Despite subsections (3) and (4), the licence holder shall not permit a patron who is or appears to be intoxicated to remove wine from the licensed premises.  

6. Section 66.1 of the Regulation is amended by adding the following subsection:

(2) The licence holder who holds both a caterer’s endorsement and a bring-your-own-wine endorsement shall not permit persons to bring wine onto the premises where the caterer’s endorsement applies under the bring-your-own-wine endorsement.

7. Section 83 of the Regulation is amended by striking out “that have lids and”.

8. The Regulation is amended by adding the following sections immediately before the heading “Advertising Liquor and its Availability for Sale”.

Conditions of Bring-Your-Own-Wine Endorsements

86.1 The holder of a liquor sales licence with a bring-your-own-wine endorsement shall ensure that the conditions of the endorsement that are set out in section 86.2 are met.

86.2 (1) The licence holder may permit a patron to bring into the restaurant or banquet room to which the licence applies only unopened bottles of commercially-made wine.

(2) Only the licence holder or an employee of the licence holder may open a bottle of wine brought into the restaurant or banquet room by the patron.

(3) If any of the wine in a bottle brought into the restaurant or banquet room by the patron remains at the end of the patron’s visit, the licence holder shall dispose of it unless the patron is permitted to remove the bottle containing the wine in accordance with subsection 34 (3) or (4).