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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1162/96

Liquor Licensing Regulations
under the
Liquor Control Act
(O.C. 96-984)

Amended by:

95/97
73/99
39/01
2001 c42 s45
36/06
92/06
75/10
33/13
112/13

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1162/96

Liquor Licensing Regulations
under the
Liquor Control Act
(O.C. 96-984)

Under the authority of section 61 of the Liquor Control Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Classes of licences and permits

       
4.   Hotel, motel and tourist home licences

       
5.   Lounge licence

       
6.   Institution licence

       
7.   Restaurant licence

       
8.   Restaurant/ lounge licence

     
8.1   Brew restaurant licence

       
9.   Tavern licence

     
10.   Airport establishment licence

     
11.   Transportation services licence

     
12.   Tour boat licence

     
13.   Catering licence

     
14.   Special events licence

   
14.1   Recreational facility licence

     
15.   Warehouse licence

     
16.   Brewers' licences

     
17.   Brewer's agent licence

     
18.   Return of empty beer bottles

     
19.   Special permits

     
20.   Rep. by 92/06 s1

     
21.   Application licences and permits

     
22.   Information and description required

     
23.   Conditions to be met

     
24.   Licence or permit not granted

     
25.   Good character required

     
26.   Particulars of special event licence

     
27.   Rep. by 92/06 s1

     
28.   Transfers

     
29.   Application forms

     
30.   Clubs, lounges and taverns

     
31.   Lounges

     
32.   Restaurants and brew restaurants

     
33.   Hours of sale and prohibition of sale

   
33.1   Mandatory exit time

     
34.   Service and disposition of liquor

     
35.   Measurement of spirits served

     
36.   Draught beer

   
36.1   Minimum price

     
37.   Cleaning and sterilization of glasses

     
38.   Liquor consumption on premises

     
39.   Other liquor prohibited

     
40.   Waiters

     
41.   Waiter's licence

     
42.   Admittance prohibited

     
43.   Prohibited persons

     
44.   Persons under 19 years

     
45.   Tip/gratuity prohibited

     
46.   Proof of age

     
47.   Presence of underage persons prohibited

     
48.   Exceptions to prohibition

     
49.   Prohibited persons

     
50.   Waiter's licence required

     
51.   Structures and structural alterations

     
52.   Prohibited structure

     
53.   Officials and employees of board

     
54.   Identification of inspector

     
55.   Suspension of licence

     
56.   Reports and returns

     
57.   Return required

     
58.   Identification cards

     
59.   Loss or theft of ID card

     
60.   Retention of application documents

     
61.   Repeal


Schedule


Short title

        1. These regulations may be cited as the Liquor Licensing Regulations.

396/78 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Liquor Control Act;

             (b)  "alcohol" means the product of the distillation of a fermented liquid rectified either once or more often whatever may be the origin of it and includes synthetic ethyl alcohol;

             (c)  "alcoholic liquor" or "liquor" means an alcoholic, spirituous, vinous, fermented or malt liquor, or combination of liquors, and all drinks or drinkable liquids and consumable solids, patented or not, containing 3% and upwards of alcohol by volume;

             (d)  "beer" means an alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt and hops in drinkable water;

             (e)  "board" means the Newfoundland and Labrador Liquor Licensing Board;

          (e.1)  "corporation" means the Newfoundland and Labrador Liquor Corporation;

              (f)  [Rep. by 33/13 s1]

             (g)  "club" means a corporation, society or association of persons organized or carried on

                      (i)  for purposes of a social, fraternal or athletic nature, or

                     (ii)  as a military mess,

but not for pecuniary gain, and includes the premises occupied or used for any of those purposes;

             (h)  "establishment" means a lounge, restaurant, tavern, club, hotel, motel, tourist home, military mess or an institution;

              (i)  "hotel" means an establishment in regular operation provided with the number of bedrooms, accommodation, facilities and equipment prescribed in these regulations where, in consideration of payment, food and lodging are regularly provided to the public;

              (j)  "identification card" means an identification card or a duplicate of an original issued under the Act and these regulations;

             (k)  "inspector" means a person authorized or appointed by the board in accordance with the Act to carry out the provisions of it;

              (l)  "institute" means a body corporate or organization instituted and organized for an educational, medical or similar purpose and includes the designated premises used for any of those purposes;

            (m)  "licence" means a licence issued under these regulations to sell wine, beer or spirits and includes a similar subsisting licence issued under theAlcoholic Liquors Act which was repealed by the Act and in accordance with regulations made under the Alcoholic Liquors Act;

             (n)  "licensed premises" means premises in respect of which a subsisting licence has been issued;

             (o)  "licensee" means a person to whom a subsisting licence has been issued;

             (p)  "lounge" means

                      (i)  part of a licensed hotel or motel, or

                     (ii)  premises not part of a licensed hotel or motel,

provided with the special accommodation, facilities and equipment prescribed in these regulations where, in consideration of payment, spirits, wine and beer are served;

             (q)  "meal" means food of any kind and quantity sufficient for the bodily maintenance of a consumer served at a cost of not less than $0.50 for each consumer exclusive of the cost of any liquor;

              (r)  "military mess" includes a canteen or an institute in a building or camp used for the accommodation of the active or reserve units of the naval, military or air forces of Canada or of NATO forces stationed at Canadian forces stations located in the province, or a canteen or an institute in a building or camp used by the Royal Canadian Mounted Police or the Royal Newfoundland Constabulary;

             (s)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

              (t)  "motel" means a roadside building containing not less than 3 rental units under one roof with easy access to automobiles, whether or not other rental units are operated in conjunction with them;

             (u)  "officer" means a member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police, and includes inspectors appointed or acting under this Act;

          (u.1)  "recreational facility" includes a facility that is, in the Board’s opinion, equipped, operated and maintained as

                      (i)  an indoor stadium or indoor arena,

                     (ii)  a golf club,

                    (iii)  a ski resort,

                    (iv)  a curling club,

                     (v)  a multi-purpose recreation center,

                    (vi)  a tennis club,

                   (vii)  an arts and culture center,

                  (viii)  an outfitters’ facility, or

                    (ix)  another facility that is, in the opinion of the board, a recreational facility;

             (v)  "rental unit" means a cabin, cottage, room or portion of an establishment assigned to the exclusive use of a guest;

            (w)  "restaurant" means an establishment which is exclusively engaged in the serving of regular meals to the public in consideration of payment, whether or not there are sold in them cigars, cigarettes, tobacco and other articles incidental to the sale of regular meals;

             (x)  "sell", when used with respect to the authority conferred on licensees referred to in these regulations, means to sell at retail;

             (y)  "spirits" means a beverage which contains a kind of alcohol obtained by distillation mixed with drinkable water and other substance in solution, and includes, among other things, brandy, rum, whisky and gin;

             (z)  "tavern" means a premises provided with the special accommodation, facilities and equipment prescribed in these regulations where, in consideration of payment, wine and beer are served;

           (aa)  "tour boat operation" means an operation by a seagoing vessel primarily for the recreation or education of the passengers and not for their conveyance from place to place;

          (bb)  "tourist" means a person not ordinarily resident in the province who visits the province for a vacation;

           (cc)  "tourist home" means a building, whether or not it is a private residence, which is provided with the number of bedrooms available for the accommodation of travellers, and the equipment and facilities prescribed in these regulations and where, in consideration of payment, food and lodging is provided to tourists;

          (dd)  "transportation service" means a service provided primarily for the conveyance of passengers by railway, ship or aircraft;

           (ee)  "vehicle" means an instrument of transportation including a boat and any article used in transporting; and

            (ff)  "wine" means an alcoholic beverage obtained by the fermentation of the natural sugars contained in fruit, vegetables or vegetable products or honey, or the like.

396/78 s2; 99/80 s1; 142/90 s1 73/99 s1 2001 c42 s45 33/13 s1

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Classes of licences and permits

        3. Subject to the Act and these regulations, the board may issue the licences and permits of the kinds designated in these regulations.

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Hotel, motel and tourist home licences

        4. (1) A hotel licence, a motel licence or a tourist home licence may be issued in respect of premises where not less than 3 bedrooms are provided for the lodging of travellers and where the premises are equipped with a kitchen and a dining room capable of serving not less than the number of persons for whom lodging accommodation is provided, and where meals are provided to lodgers on request.

             (2)  A hotel licence, a motel licence or a tourist home licence authorizes the licensee to sell for consumption on his or her licensed premises

             (a)  to guests at meals, only spirits by the glass and wine and beer by the glass or opened bottle; or

             (b)  to guests who are lodgers on the premises, only spirits, wine and beer by the glass or bottle.

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Lounge licence

        5. (1) A lounge licence may be issued in respect of premises which are maintained, equipped and operated in a manner satisfactory to the board and which are operated solely for the sale of spirits, wine and beer to the public, where food and entertainment may or may not be available.

             (2)  A lounge licence may be issued in respect of a lounge which is located in part of a hotel or motel where spirits, wine and beer are sold also under a hotel licence or a motel licence.

             (3)  A lounge licence authorizes the licensee to sell to the public for consumption on his or her licensed premises spirits by the glass and wine and beer by the glass or opened bottle.

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Institution licence

        6. (1) An institution licence may be issued to an institute in respect of premises that are maintained, equipped and operated in a manner satisfactory to the board.

             (2)  An institution licence authorizes the licensee to sell for consumption on the licensed premises spirits by the glass and wine and beer by the glass or opened bottle.

99/80 s2

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Restaurant licence

        7. (1) A restaurant licence may be issued to the owner or operator of a restaurant in respect of that restaurant if it is maintained, equipped and operated in a manner satisfactory to the board.

             (2)  A restaurant licence authorizes the licensee to sell to guests at meals for consumption on his or her licensed premises spirits by the glass and wine or beer by the glass or opened bottle.

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Restaurant/ lounge licence

        8. (1) A restaurant/lounge licence may be issued in respect of premises which are maintained, equipped and operated in a manner satisfactory to the board.

             (2)  A restaurant/lounge licence authorizes the licensee to sell to guests at meals for consumption on the licensed premises spirits by the glass and wine and beer by the glass or open bottle during the hours prescribed in the Schedule.

             (3)  A restaurant/lounge licence authorizes the licensee to sell to the public for consumption on the licensed premises spirits by the glass and wine and beer by the glass or open bottle during the hours prescribed in the Schedule.

83/95 s1

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Brew restaurant licence

      8.1 (1) A brew restaurant licence may be issued to a brewer who

             (a)  is licensed under the Liquor Corporation Act; and

             (b)  maintains, equips and operates the brew restaurant in a manner satisfactory to the board.

             (2)  A brew restaurant licence authorizes the licensee to sell, during the hours prescribed in the Schedule,

             (a)  spirits by the glass and wine and beer by the glass or open bottle to guests at meals for consumption on the licensed premises; and

             (b)  beer brewed on the premises for consumption off the licensed premises in sealed containers and package sizes approved by the corporation.

             (3)  The holder of a brew restaurant licence shall display in a conspicuous place on the licensed premises the retail price list provided by the corporation for beer brewed by the brewer and shall not sell beer for consumption off the licensed premises except at the prices set out in the price list.

33/13 s2

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Tavern licence

        9. (1) A tavern licence may be issued to the owner or operator of a tavern that is maintained, equipped and operated in a manner satisfactory to the board.

             (2)  A tavern licence authorizes the licensee to sell to the public for consumption on his or her licensed premises wine by the glass and beer by the glass or opened bottle.

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Airport establishment licence

      10. (1) An airport establishment licence may be issued to the operator of a premises located at an international airport and within the messuage of that airport if the premises are maintained, equipped and operated in a manner satisfactory to the board.

             (2)  An airport establishment licence authorizes the licensee to sell for consumption on his or her licensed premises to passengers of airlines using the airport where the licensed premises are located at all hours and on all days throughout the year spirits by the glass and wine and beer by the glass or opened bottle.

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Transportation services licence

      11. (1) A transportation service licence may be issued in respect of a transportation service being operated in the province which is approved for the purpose by the board.

             (2)  A transportation service licence authorizes the licensee to sell spirits by the glass and wine and beer by the glass or opened bottle to passengers on the transportation service in respect of which it was issued for consumption on it.

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Tour boat licence

      12. (1) A tour boat licence may be issued in respect of a tour boat operation being operated in the province which is approved for the purpose by the board.

             (2)  A tour boat licence authorizes the licensee to sell spirits by the glass and wine and beer by the glass or opened bottle to passengers on the tour boat in respect of which it was issued for consumption on the tour boat.

142/90 s2

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Catering licence

      13. (1) A catering licence may be issued to a person who is the holder of a hotel licence, a motel licence, a lounge licence, a restaurant licence or a club licence if that person is approved for the purpose by the board.

             (2)  A catering licence authorizes the licensee to sell for consumption on any premises during the period prescribed in the licence spirits by the glass and wine or beer by the glass or opened bottle with food which is to be supplied by the licensee in the form of meals by way of an off premises catering service.

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Special events licence

      14. (1) A special events licence may be issued authorizing a charitable or non-profit organization raising funds for charitable purposes, that does not hold a subsisting licence issued by the board, to sell spirits, wine and beer at a function on the premises and on the date to be prescribed in the licence.

             (2)  A special events licence authorizes the licensee to sell to persons attending the function designated in the licence for consumption at that function on the premises on the date and during the hours prescribed in his or her licence spirits by the glass and wine and beer by the glass or opened bottle.

             (3)  An applicant for a special events licence under subsection (1) shall submit a completed application stating the purpose of the special event and the number of days of its operation, and the application shall be accompanied with a fee prescribed by the board.

396/78 s12 1992 cF-7.1 s14 83/95 s1

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Recreational facility licence

   14.1 (1) For the purpose of this section, "hotel", "motel", "restaurant", or "dining room" means the building in which that facility is located and does not include the grounds of that facility or any out buildings.

             (2)  A recreational facility licence may be issued with respect to a recreational facility that is equipped, operated, and maintained in a manner satisfactory to the board.

             (3)  A recreational facility licence shall not be granted unless the board is satisfied that the liquor facilities are only intended to compliment the recreational facility, and shall not detract significantly from the recreational nature of the premises.

             (4)  The holder of a recreational facility licence may, on the licensed premises only,  sell for consumption

             (a)  at an indoor stadium or indoor arena, spirits and wine only in disposable cups with lids;

          (a.1)  at an indoor stadium or indoor arena, beer

                      (i)  in disposable cups with lids, or

                     (ii)  by the opened can, with the prior written approval of the board;

             (b)  at a ski resort or tennis club, spirits, wine and beer only , in disposable cups with lids;

             (c)  at a golf club or outfitters’ facility, spirits, wine and beer only in disposable cups with lids or by the open or unopened can;

             (d)  at a restaurant or dining room, spirits by the glass and wine or beer by the glass or opened bottle to guests at meals; or

             (e)    at a hotel or motel, spirits, wine and beer by the glass or bottle to guests who are lodgers of that facility.

             (5)  Notwithstanding another provision of this section, the holder of a recreational facility licence shall not sell alcoholic beverages outdoors in any part of the licensed premises at a concert, festival, or other similar function as determined by the board unless

             (a)  the licensee has obtained the prior written approval of the board; and

             (b)  the sale and consumption of alcoholic beverages is limited to cans or disposable cups only.

             (6)  A recreational facility licence issued in respect of a facility that includes a hotel, motel, restaurant, lounge or club, or a combination of those facilities authorizes the licensee to sell alcoholic beverages for consumption throughout the licensed premises provided that all facilities are operated by the same licensee.

             (7)  The holder of a recreational facility licence shall comply with all applicable federal, provincial and municipal laws.

             (8)  The holder of a recreational facility licence issued with respect to an indoor stadium or indoor arena

             (a)  shall

                      (i)  designate seating areas where the sale, consumption and possession of alcoholic beverages is prohibited,

                     (ii)  submit with an application for a licence a seating plan of the facility where the sale and consumption of alcoholic beverages may take place and the area in which the sale, consumption and possession of alcoholic beverages is prohibited,

                    (iii)  clearly identify the areas within the facility that are designated for the sale and consumption of alcoholic beverages,

                    (iv)  where the facility is being used as a site for an indoor concert, serve

                            (A)  alcoholic beverages in disposable cups with lids only, except as approved under clause B, and

                            (B)  beer by the opened can with the prior written approval of the board, and restrict the consumption of that beer to the area commonly known as the concourse area of the facility, or another area which is not a designated seating area in that facility as determined by the board,

                     (v)  notwithstanding paragraph (b), restrict entry into the area described in subparagraph (iv) where the sale and consumption of alcoholic beverages is permitted to persons who are at least 19 years old and allow persons who are under 19 years old to enter into the area described in that subparagraph where the sale, consumption and possession of alcoholic beverages is prohibited,

                    (vi)  serve

                            (A)  alcoholic beverages in disposable cups with lids only, except as approved under clause (B), and those cups shall be distinct in appearance from the containers in which non-alcoholic beverages are served, and

                            (B)  beer by the opened can, with the prior written approval of the board, and

                   (vii)  cease the sale of alcoholic beverages one half hour prior to the anticipated completion of the event; and

             (b)  shall not

                      (i)  sell or permit the consumption of alcoholic beverages throughout the entire facility unless

                            (A)  prior written approval of the board has been received, and

                            (B)  all participants and patrons attending the event are at least 19 years old,

                     (ii)  sell or allow the consumption of alcoholic beverages at any event where the majority of participants or patrons involved in or attending the event are under 19 years old, and

                    (iii)  sell or give to any one person at any one time

                            (A)  more than 2, 420 milliliter servings of beer,

                            (B)  more than 2, 150 milliliter servings of wine, or

                            (C)  more than 2, 60 milliliter servings of spirits.

             (9)  The areas described in paragraph (8)(a) shall be reasonable considering the size of the facility and the public demand, and shall ensure a reasonable choice of seats for all patrons notwithstanding the consumption or prohibition of alcoholic beverages.

           (10)  Where the holder of a recreational facility licence issued for a facility other than an indoor stadium or indoor arena proposes to sell alcoholic beverages at an indoor concert,

             (a)  the sale and consumption of alcoholic beverages shall not be permitted unless the area in which the concert is to be held is physically divided so that

                      (i)  one part of the area is clearly identified for the sale and consumption of alcoholic beverages and entry is restricted to persons who are at least 19 years old, and

                     (ii)  one part of the area is clearly identified as a part where the sale, consumption and possession of alcoholic beverages is prohibited and entry by persons under 19 years old is permitted; and

             (b)  the sale of alcoholic beverages shall cease one half hour prior to the anticipated completion of the event.

73/99 s2 112/13 s1

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Warehouse licence

      15. (1) A warehouse licence may be issued to the owner or operator of a warehouse which is maintained, equipped and operated in a manner approved by the board.

             (2)  Subject to an applicable statute or other law of Canada , a warehouse licence authorizes the licensee to store liquor on his or her licensed premises for the purpose of maturing it or for the purpose of transshipping it to a place outside of the province or for another purpose approved by the board.

             (3)  Where the board so prescribes and it is so stated in his or her warehouse licence, and subject to conditions prescribed in the licence, the licensee may sell alcoholic liquor at wholesale or retail from his or her licensed premises to or to the order of the owners or operators or captains of foreign going ships or vessels or of trawlers or tugs for use as ships stores.

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Brewers' licences

      16. (1) For the purposes of this section and section 17

             (a)  "brewer's retail licence" means a licence issued under paragraph 28(1)(a) of the Act;

             (b)  "brewer's agent licence" means a licence issued under paragraph 28(1)(b) of the Act; and

             (c)  "brewer's distributor licence" means a licence issued under paragraph 28(1)(c) of the Act.

             (2)  A brewer's retail licence or a brewer's agent licence may be granted only to an applicant who holds a registration certificate issued under the Retail Sales Tax Act in respect of the business carried on at the premises for which the licence is sought.

             (3)  The holder of a brewer's retail licence or a brewer's agent licence shall cause to be kept displayed in a conspicuous place on the licensed premises the retail price list provided by the corporation for beers brewed in the province, and shall not sell those beers except at the prices set out in that price list.

             (4)  The holder of a brewer's distributor licence shall not sell beer except to the corporation or a person licensed by the board.

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Brewer's agent licence

      17. (1) On and after July 1, 1980 , a brewer's agent licence may not be granted or renewed except in respect of premises maintained as

             (a)  a liquor agency; or

             (b)  a retail store that sells commodities other than beer and associated products.

             (2)  On and after July 1, 1980 , where premises in respect of which a brewer's agent licence is granted or renewed do not comply with the requirements of subsection (1), the licence is subject to cancellation under paragraph 48(1)(d) of the Act.

             (3)  A brewer's agent licence may not be granted or renewed in respect of premises that, in the opinion of the board, are maintained as a business that is

             (a)  a supermarket or department store that is a member of a trading group of supermarkets or department stores;

             (b)  a store or other business that deals primarily in the sale of confectionery;

             (c)  a cinema, theatre, sports stadium or amusement arcade;

             (d)  a store or other business that deals primarily in the sale of quick-service meals, snacks, sandwiches or other take-out foods;

             (e)  [Rep. by 36/06 s1]

              (f)  a service station or a store or other business that deals primarily in the sale of gasoline or associated products.

             (4)  Where premises in respect of which a brewer's agent licence is granted or renewed are maintained as a business that, under subsection (3), does not qualify for the granting or renewal of that licence, the licence is subject to cancellation under paragraph 48(1)(d) of the Act.

37/80 s3; 238/82 s2 36/06 s1

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Return of empty beer bottles

      18. (1) A brewer's agent shall, at the time of transacting a sale, accept in return empty beer bottles equal to the amount being purchased.

             (2)  A brewer's retail store and a brewer's distributor shall accept all empty beer bottles presented to them by the public.

             (3)  A brewer's agent, a brewer's retail store and a brewer's distributor must refund or give value equal to the beer bottle deposit established by the Newfoundland and Labrador Liquor Corporation.

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Special permits

      19. (1) Permits may be issued by the board to a person referred to in section 26 of the Act for any of the purposes prescribed in that section.

             (2)  The holder of a permit issued under subsection (1) is authorized to purchase and use alcoholic liquor in the manner for the purposes and subject to the conditions prescribed in his or her permit.

             (3)  A holder of a permit issued under subsection (1) shall

             (a)  keep the records of stock and sales and make the reports and returns to the board that the board may require; and

             (b)  provide the warehouse facilities that the board may consider to be necessary.

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Rep. by 92/06 s1

      20. [Rep. by 92/06 s1]

92/06 s1

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Application licences and permits

      21. (1) An applicant for a licence shall, for the purpose of giving notice of his or her intention to apply in accordance with section 34 of the Act, use the form of notice prescribed by the board.

             (2)  An applicant to whom subsection (1) applies shall provide to the board, upon application, in keeping with section 34 of the Act a clipping of every advertisement relating to the application that was published indicating the name of the paper in which the advertisement appeared along with proof of posting of notices of intent as prescribed in the appropriate application form prescribed by the board.

             (3)  Notwithstanding subsection (1), this section applies only to applicants for a hotel licence, a motel licence, a tourist home licence, a lounge licence, a restaurant licence, a brew restaurant licence, a tavern licence, a club licence and an institution licence that is sought in respect of premises located outside of

             (a)  an American Military Base;

             (b)  a Canadian Armed Forces Base; or

             (c)  an air terminal, railway station or other transportation terminal.

             (4)  Notwithstanding subsection (1), a licensee who applies for an additional licence

             (a)  for premises within the same building in which that licensee's licensed premises are situate; or

             (b)  for premises within an extension to the building in which that licensee's licensed premises are situate,

and which additional licence is of the same category as that presently held by the licensee shall not be subject to the advertising requirements of subsections (1) to (3).

99/80 s5 33/13 s3

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Information and description required

      22. An applicant for a licence shall set out in his or her application the information and description of premises that the board requires.

396/78 s23

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Conditions to be met

      23. A licence or permit shall not be issued in respect of any premises unless

             (a)  the premises and the plans, location, accommodation, equipment and facilities and the operation of it have been approved by the board in writing; and

             (b)  all statutes, regulations and other laws whether federal, provincial or municipal applying to or in respect of the premises have been complied with.

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Licence or permit not granted

      24. The board shall not grant a licence or permit to

             (a)  a person who is disqualified under the Act or these regulations or who has not complied with the requirements of them;

             (b)  a police officer, an inspector or law enforcement officer; or

             (c)  a member or an officer or other employee of the board or of the Newfoundland and Labrador Liquor Corporation.

396/78 s25 2001 c42 s45

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Good character required

      25. (1) An applicant for a licence or permit must be a person of good character.

             (2)  A person convicted, within 3 years immediately preceding his or her application, of an offence which is punishable by imprisonment shall not receive a licence.

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Particulars of special event licence

      26. (1) A person applying for a special events licence shall forward his or her application to the board at least 2 weeks before a function in respect of which the licence is sought is to take place, unless the board agrees to consider an application on shorter notice.

             (2)  A special events licence may be issued only in respect of premises located in a building or an approved tent and, before the issue of it, adequate arrangements for security satisfactory to the board shall be made.

             (3)  Arrangements satisfactory to the board for the purchase, storage, sale and service of liquor shall be made before the issuing of a special events licence.

             (4)  Before a special events licence is issued the applicant shall satisfy the board that

             (a)  adequate seating capacity shall be available to the extent of not less than 1.4 square metres per person;

             (b)  every person engaged in the dispensing of alcoholic beverages shall have a valid subsisting waiter's licence; and

             (c)  adequate lavatories and toilet facilities shall be available to patrons.

             (5)  Liquor sold under a special events licence shall be consumed on the premises in respect of which the licence was issued on the day or days and during the hours prescribed in that licence.

             (6)  The recipient of a special events licence shall, if ordered by the board, remove all surplus liquor from the premises for which the licence was issued upon expiration of that licence.

396/78 s27; 99/80 s6

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Rep. by 92/06 s1

      27. [Rep. by 92/06 s1]

92/06 s1

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Transfers

      28. An application for the approval of the board for a transfer of a licence shall be forwarded to the board at least 30 days before the date proposed for the transfer.

396/78 s31

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Application forms

      29. An application for the issuing, renewal or transfer of a licence or for the issuing or renewal of a permit shall be made in the form prescribed by the board that is appropriate to the licence or permit in respect of which the application is made.

396/78 s32

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Clubs, lounges and taverns

      30. A club licence, lounge licence or tavern licence shall not be issued in respect of a premises unless that premises is equipped with

             (a)  a service bar with or without stools or seats;

             (b)  an area containing an adequate number of chairs and tables where not less than 1.4 square metres of floor space is allowed for each chair, stool or seat;

             (c)  entrance and exit facilities that have been approved by the board and that have received the approvals of all other provincial and municipal authorities which are required by law;

             (d)  lavatory facilities for the use of patrons in accordance with the National Building Code Requirements;

             (e)  suitable soap dispensers and individual paper towels or suitable electrical appliances;

              (f)  adequate facilities for the proper washing of glasses and other utensils used in the handling of alcoholic liquor, consisting of thermostatically controlled hot water boiler capable of producing a continuous supply of hot water at a temperature of not less than 82° Celsius;

             (g)  triple stainless steel sinks; and

             (h)  well constructed facilities for the storing of glasses and utensils when not in use,

and unless the walls of all rooms on the premises are not less than 2.4 metres in height.

396/78 s33; 142/90 s3

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Lounges

      31. A lounge shall be equipped or provided with

             (a)  a service bar with or without seats or stools for the persons using the lounge, and only those persons for whom seating is available may be served at the service bar;

             (b)  an area in which there is an adequate number of tables and chairs having regard to the dispensing facilities of the lounge; and

             (c)  adequate seating accommodation as determined by the board and the fire commissioner of the province in accordance with any provincial and municipal laws and regulations relating to them.

396/78 s34

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Restaurants and brew restaurants

      32. A holder of a restaurant licence or a brew restaurant licence shall

             (a)  keep the tables in his or her restaurant covered with tablecloths or other equivalent suitable covering or surfacing;

             (b)  make available for use and use an adequate supply of flatware, china and other table service;

             (c)  provide adequate menus in his or her restaurant; and

             (d)  provide in his or her restaurant the other equipment and facilities that the board may require.

396/78 s36 33/13 s4

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Hours of sale and prohibition of sale

      33. (1) The hours during which liquor may be sold and consumed on a licensed premises or sold for consumption off a licensed premises under a licence are those prescribed in the Schedule with respect to that licence.

             (2)  Upon payment of the required fee and as prescribed in the Schedule, an extended licence may be issued extending the hours during which liquor may be sold and consumed on a licensed premises.

396/78 s37 95/97 s1

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Mandatory exit time

   33.1 (1) A licensee who is authorized to sell alcoholic beverages under a

             (a)  restaurant/lounge licence granted under section 8; or

             (b)  lounge licence granted under section 5,

shall ensure that all patrons vacate the licensed premises within the 60 minutes after the applicable hour of close of sale as set out in the Schedule.

             (2)  Subsection (1) does not apply where the licensee offers a full service food menu 24 hours a day on a regular basis.

             (3)  If a licensee to whom subsection (2) applies intends to remain open later than the time set out in subsection (1), he or she shall notify the board.

75/10 s1

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Service and disposition of liquor

      34. (1) All liquor acquired for resale on any licensed premises shall be purchased from the Newfoundland and Labrador Liquor Corporation or a designated outlet permitted under the Liquor Control Act or the Liquor Corporation Act and shall only be purchased under the licensee's licence number and an invoice or receipt of those purchases shall be kept by the licensee.

             (2)  All liquor sold on any licensed premises shall be dispensed from the original container in which the liquor was purchased.

99/80 s9 2001 c42 s45

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Measurement of spirits served

      35. (1) A drink of spirits served by the holder of a licence shall contain not less than one fluid ounce of spirits.

             (2)  A licensee shall measure all spirits served in a drink by means of

             (a)  a clearly marked glass or container of a type approved by the board; or

             (b)  a mechanical measure of a type approved by the board.

396/78 s40

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Draught beer

      36. (1) A licensee shall not sell draught beer without the prior written consent of the board.

             (2)  Establishments applying for consent to sell draught beer for on premises consumption shall submit to the Newfoundland and Labrador Liquor Licensing Board

             (a)  proposals describing the equipment and system to be used; and

             (b)  subject to section 51 where alterations are contemplated, plans showing the proposed alterations.

             (3)  All equipment and systems used in the dispensing of draught beer, including the method of washing and sanitation of those equipment and systems, must be approved by the Department of Health.

             (4)  Containers used in the serving of draught beer shall have a capacity of not less than 400 millilitres to contain not less than 350 millilitres of beer upon serving or another size glass or container as may be approved by the board.

             (5)  An establishment selling draught beer shall keep posted in a conspicuous place on the licensed premises a price list showing the price of draught beer and the amount of beer served in each container used.

99/80 s10 2001 c42 s45

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Minimum price

   36.1 (1) In this section, "standard serving" means:

             (a)  341 millilitres of beer;

             (b)  355 millilitres of a refreshment beverage;

             (c)  118 millilitres of wine; and

             (d)  30 millilitres of spirits.

             (2)  The holder of a lounge, club, restaurant, hotel, motel, tourist home, recreational facility, restaurant/lounge, institution, military mess, tour boat, airport establishment, transportation services and special event licence shall not

             (a)  provide free alcoholic liquor to a patron or guest on a licensed premises; and

             (b)  provide alcoholic liquor to a patron or guest on a licensed premises for less than $1.65 per standard serving inclusive of applicable taxes, or in a larger or smaller serving without an increase or decrease in the price in the same proportion as the increase or decrease in the volume of alcoholic liquor.

             (3)  Notwithstanding subsection (2),

             (a)  the holder of a class of licence referenced in subsection (2) may provide free alcoholic liquor to a patron or guest on a licensed premises during a product tasting sponsored by a manufacturer or manufacturer's representative, where

                      (i)  approval in writing is obtained from the Newfoundland and Labrador Liquor Corporation prior to the tasting,

                     (ii)  a representative of the manufacturer is present on the licensed premises at all times during the tasting, and

                    (iii)  no more than 2 standard servings of alcoholic liquor are provided to each patron or guest during the tasting;

             (b)  the holder of a restaurant, hotel, motel or tourist home licence may provide alcoholic liquor free or at a reduced price on the licensed premises as part of an event for which one fee is charged for alcoholic liquor, and overnight accommodation and a meal; and

             (c)  the Newfoundland and Labrador Liquor Corporation may in advance and  in writing approve the serving of free or reduced price alcoholic liquor by the holder of a class of licence referred to in subsection (2) for other promotional purposes and functions.

             (4)  For the purpose of this section, a question as to whether a product is "beer", "a refreshment beverage", "wine" or "spirits" shall be determined by the category under which that product is listed in the retail price list issued periodically by the Newfoundland and Labrador Liquor Corporation.

39/01 s1 2001 c42 s45

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Cleaning and sterilization of glasses

      37. (1) All glasses shall be washed in hot soapy water at a temperature of not less than 82° Celsius in a thermostatically controlled hot water boiler capable of producing a continuous supply of hot water at a temperature of not less than 82° Celsius.

             (2)  All glasses shall, when they have been washed in the manner referred to in subsection (1), be rinsed and then sterilized by being placed for 3 or 4 minutes in the third deep sink containing a chlorine solution of 100 parts per million.

             (3)  Glasses shall not be wiped but shall be allowed to remain bottom up on racks.

             (4)  Glasses shall be stored mouth down in a clean place.

396/78 s41

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Liquor consumption on premises

      38. (1) All liquor sold under a licence which authorizes the sale of it for consumption on the licensed premises shall be consumed on it, and the licensee shall not allow liquor sold on it to be taken from that licensed premises.

             (2)  A licensee shall not sell or dispose of liquor in a manner or in a place other than that authorized by his or her licence.

             (3)  A person shall not consume nor shall any licensee allow a person to consume liquor in a lavatory or toilet on a licensed premises.

396/78 s42

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Other liquor prohibited

      39. A licensee shall not bring or allow to be brought or allow to remain on or in his or her licensed premises spirits or wine that he or she has not purchased from the Newfoundland and Labrador Liquor Corporation or beer that he or she has not purchased from that corporation or a brewery.

396/78 s43 2001 c42 s45

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Waiters

      40. (1) A person employed on a licensed premises who engages in any way in the serving of liquor by the glass or opened bottle shall

             (a)  be dressed in clean, washable and non-transparent clothing while on duty with both the upper and lower portions of the body covered in a manner satisfactory to the board; and

             (b)  have a valid subsisting waiter licence.

             (2)  A licensee shall ensure that persons employed by him or her are dressed in accordance with paragraph (1)(a).

116/82 s1

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Waiter's licence

      41. (1) A person who holds a waiter licence shall deposit it with the licensee of the licensed premises where he or she is employed, and that licensee shall cause the waiter licence to be posted in a conspicuous place on his or her licensed premises.

             (2)  When the employment of a person holding a waiter licence is terminated, the licensee of the licensed premises where he or she was employed immediately before that termination shall forward the waiter licence of that person to the board.

396/78 s45

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Admittance prohibited

      42. A person other than those for whom adequate seating accommodation is provided shall not be admitted to a licensed premises where liquor is authorized to be served for consumption on that premises.

396/78 s46

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Prohibited persons

      43. A licensee shall not sell or serve liquor to a person who has been interdicted under the Act.

396/78 s47

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Persons under 19 years

      44. A licensee shall not sell liquor to a person who is under the full age of 19 years or who is otherwise disqualified to purchase liquor by or under the Act or these regulations.

396/78 s48

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Tip/gratuity prohibited

      45. A licensee shall not give alcoholic liquor, tip or gratuity either directly or indirectly by way of gift or loan or otherwise to an officer or to a member or employee of the board or of the Newfoundland and Labrador Liquor Corporation.

396/78 s48 2001 c42 s45

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Proof of age

      46. (1) A licensee and his or her servant or agent shall, before selling or serving liquor to a person who appears to be below the full age of 19 years, require proof of that person's age.

             (2)  A licensee is obliged to establish proof of age and the only acceptable proof of age is an identification card.

398/78 s50

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Presence of underage persons prohibited

      47. Subject to section 48, a licensee shall not allow a person under the full age of 19 years to remain on his or her licensed premises.

398/78 s51

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Exceptions to prohibition

      48. (1) A licensee may allow a person under the age of 19 years

             (a)  to enter, be in, and remain in a licensed premises which is a hotel, motel, tourist home, restaurant, military mess, brewer’s agent, brewer’s retail, brewer’s distributor, institution or any premises for which a transportation services licence, airport establishment licence, or a recreational facility licence has been issued and to carry on any work, including entertainment in any of those places, other than work involving the handling or dispensing of liquor;

             (b)  to enter, be in and remain in a licensed premises which is a lounge, club or any premises for which a special events licence has been issued, where the prior approval, in writing, of the board, or its designate, has been obtained by the licensee;

             (c)  to enter, be in and remain in a licensed premises which is a lounge, club or any premises for which a special events licence has been issued, for the purpose of attending a wedding; or

             (d)  to enter, be in and remain in a licensed premises which is a restaurant/lounge between the hours of 9:00 a.m. and 9:00 p.m. and to carry on any work, other than the handling or dispensing of alcoholic beverages.

             (2)  For the purpose of this section, minors may be permitted to be on the premises licensed as a restaurant/lounge between the hours of 9:00 p.m. and 2:00 a.m. , where prior written approval of the board, or its designate, had been obtained by the licensee.

83/95 s1 73/99 s3

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Prohibited persons

      49. A licensee and an employee, servant or agent of a licensee shall not allow to be or remain on his or her licensed premises

             (a)  persons of notoriously bad character;

             (b)  disorderly or intoxicated persons; or

             (c)  persons who are disqualified by the Act or these regulations to purchase liquor.

99/80 s12

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Waiter's licence required

      50. A licensee shall not employ a waiter who does not hold a valid waiter licence.

396/78 s54

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Structures and structural alterations

      51. A licensee shall not make structural alterations in or enlargements of his or her licensed premises without the prior written consent of the board.

396/78 s55

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Prohibited structure

      52. In a club, lounge or tavern, a kind of structure which prevents a full view from the dispensing bar is prohibited.

396/78 s56

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Officials and employees of board

      53. The officials, inspectors and other employees of the board shall carry out the instructions of the board and perform the duties that it may direct.

396/78 s57

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Identification of inspector

      54. An inspector shall be issued with an official badge or other means of identification which he or she shall carry with him or her at all times when on duty.

96/78 s58

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Suspension of licence

      55. (1) An inspector generally or specially authorized by the board may suspend a licence for a period not exceeding 30 days where in his or her opinion the licensed premises to which the licence relates is not being operated in accordance with the Act or these regulations or the conditions prescribed in or in respect of such licence.

             (2)  When an inspector suspends a licence under subsection (1), he or she shall make an immediate report of the suspension to the board and the suspension shall be subject to ratification by the board within the period of 48 hours from the time that it was imposed, and if the suspension is not so ratified within that period, it shall cease to have effect upon the expiration of that period.

396/78 s59

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Reports and returns

      56. (1) A club shall submit with its application for a licence or renewal of it

             (a)  a list of the officers of the club;

             (b)  a copy of the constitution and by-laws of the club; and

             (c)  the number of regular members and the number of associate members of the club.

             (2)  The number of associate members of a club shall not exceed the number of regular members of it.

             (3)  A person applying for a renewal of a tourist hotel licence, a motel licence, a tourist home licence, a lounge licence, a club licence, a restaurant licence, a brew restaurant licence or a tavern licence shall submit with his or her application for a renewal a report setting out the total purchases of all spirits, wine and beer purchased by him or her during the immediately preceding calendar year, and the report shall be made in a form to be provided by the board and shall be supported by an affidavit or affirmation to be made before a magistrate, a justice of the peace or a commissioner for oaths.

396/78 s60 33/13 s5

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Return required

      57. (1) A person holding a tourist hotel licence, a motel licence, a tourist home licence, a lounge licence, a club licence, a restaurant licence or a tavern licence shall submit to the board, on the form appropriate for his or her licence to be supplied by the board for the purposes, a return on the purchase and sale of all spirits, wine and beer by that licensee during every quarter of a calendar year or portion of that quarter occurring while his or her licence subsists.

             (2)  The holder of a brewer's retail licence, a brewer's distributor licence or a brewer's agent licence shall if required provide the board with a return, on a form to be supplied by the board for that purpose, of the beer sold, distributed or delivered by him or her.

          (2.1)  A person holding a brew restaurant licence shall

             (a)  submit to the board, on the form appropriate for his or her licence to be supplied by the board for the purposes, a return on  the purchase and sale of all spirits, wine and beer by that licensee during every quarter of a calendar year or portion of that quarter occurring while his or her licence subsists; and

             (b)  if required, provide the board with a return, on a form to be supplied by the board for that purpose, of the beer sold, distributed or delivered by him or her.

             (3)  A licensee shall be considered not to have complied with subsections (1), (2) or (2.1) unless he or she supplies all of the information required by the appropriate form supplied to him or her by the board for the purpose of making his or her return.

             (4)  The return to be provided to the board under subsections (1), (2) or (2.1) shall be delivered to the board within 20 days of the end of the period to which the return relates.

396/78 s61; 37/80 s4 33/13 s6

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Identification cards

      58. (1) An application for an identification card or for the replacement of an identification card previously issued shall be made in the form of the appropriate application form prescribed by the board.

             (2)  The age and identity of the applicant shall be certified by guarantor as specified in the guarantor's certificate appearing on the reverse side of the appropriate form prescribed by the board.

             (3)  The applicant shall include with his or her application

             (a)  2 black and white photographs taken within 6 months of the date of the application; and

             (b)  his or her birth certificate or a certified copy of his or her birth certificate; or

             (c)  where a birth certificate or certified copy of it is not obtainable, the affidavit of the applicant that he or she has reached the full age of 19 years which must be sworn to or affirmed before a magistrate, a justice of the peace or a commissioner for oaths; and

             (d)  a fee prescribed by the board.

396/78 s62 1992 cF-7.1 s18

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Loss or theft of ID card

      59. Where an identification card is lost or stolen, the person to whom it was issued shall immediately report its loss or theft to the board.

396/78 s63

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Retention of application documents

      60. The board may retain all the applications for identification cards and affidavits made in connection with them in its records for the time that the board may consider appropriate and may order those applications and affidavits to be destroyed or otherwise disposed of after the passage of a period of time to be prescribed by it.

396/78 s64

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Repeal

      61. The Liquor (Licensing) Regulations, 1974, Newfoundland Regulation 396/78, are repealed.

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Schedule

Hours of Sale

Hours of Sale and Consumption of all Spirits, Wine and Beer
as Permitted under the Regulations

Hotel, Motel, Tourist Home, Lounge, Club, Institution,
Military Mess, Restaurant, Brew Restaurant, Recreational Facility

Hours of Sale :

9:00 a.m. to 2:00 a.m. 7 days a week

Hours of Consumption:

9:00 a.m. to 2:30 a.m. 7 days a week

 

Restaurant/Lounge

Restaurant:

 

Hours of Sale :

9:00 a.m. to 8:30 p.m. 7 days a week

Hours of Consumption:

9:00 a.m. to 9:00 p.m. 7 days a week

 

Lounge:

 

Hours of Sale :

9:00 p.m. to 2:00 a.m. 7 days a week

Hours of Consumption:

9:00 p.m. to 2:30 a.m. 7 days a week

 

Tour Boat

Hours of Sale :

9:00 a.m. to 2:00 a.m. 7 days a week

Hours of Consumption:

9:00 a.m. to 2:30 a.m. 7 days a week

Sale further restricted to 15 minutes after the boat has left its home berth and sale shall cease 15 minutes before reaching its home berth

 

Brewer's Agent and Brewer's Retail

Hours of Sale :

9:00 a.m. to 2:00 a.m. 7 days a week

 

Special Events

Hours of Sale :

As specified on the licence only

Hours of Consumption:

One-half hour tolerance beyond the hours of sale

 

Airport Establishment and
Transportation Services

Hours of Sale and Consumption:

24 hour period 7 days a week

 

New Year's Eve

Hotel, Motel, Tourist Home, Lounge, Club, Restaurant,
Brew Restaurant, Restaurant/Lounge, Military Mess, Institution,
Recreational Facility

Hours of Sale :

9:00 a.m. to 3:00 a.m. of the immediately succeeding day

Hours of Consumption:

9:00 a.m. to 3:30 a.m.

 

Extended Licences

Hotel, Motel, Tourist Home, Lounge, Club, Institution,
Military Mess, , Restaurant/Lounge, Recreational Facility,
Tour boat, Special Events

Hours of Sale :

9:00 a.m. to 3:00 a.m. of the day immediately succeeding Thursday, Friday, Saturday and Sunday

Hours of Consumption:

9:00 a.m. to 3:30 a.m. of the day immediately succeeding Thursday, Friday, Saturday and Sunday

73/99 s4 33/13 s7

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