This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 73/99

NEWFOUNDLAND REGULATION 73/99

Liquor Licensing Regulations (Amendment)
under the
Liquor Control Act
(O.C. 99-399)

(Filed August 17, 1999)

Under the authority of section 61 of the Liquor Control Act, the Board of Directors of the Newfoundland Liquor Corporation, with the approval of the Lieutenant-Governor in Council, makes the following regulations.

Dated at St. John’s, August 16, 1999.

Fraser Lush
Newfoundland Liquor Corporation

G. Norris
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.14.1 Added
Recreational facility licence

        3.   S.48 Amdt.
Exceptions to prohibition

        4.   Schedule R&S


CNR 1162/96
as amended

        1. Section 2 of the Liquor Licensing Regulations is amended by adding immediately after paragraph (u) the following:

          (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;

        2. The regulations are amended by adding immediately after section 14 the following:

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, wine and beer only, in disposable cups with lids;

             (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, restrict the sale and consumption of alcoholic beverages to that area commonly known as the ice surface area, where that area is physically separate so that one part of the ice surface area is clearly identified for the sale and consumption of alcoholic beverages and another part of the ice surface area is clearly identified as a part of the ice surface area in which the sale, consumption and possession of alcoholic beverages is prohibited,

                     (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 alcoholic beverages in disposable cups with lids only, and those cups shall be distinct in appearance from the containers in which non-alcoholic beverages are served, 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.

        3. Paragraph 48(1)(a) of the regulations is repealed and the following substituted:

             (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;

        4. The Schedule to the regulations is repealed and the following substituted:

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, 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,
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