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Statutes of Newfoundland 1993


CHAPTER 15

CHAPTER 15

AN ACT TO AMEND THE LIQUOR CONTROL ACT

(Assented to June 18, 1993)

Analysis

1. S.2 Amdt.
Definitions

2. S.33 Amdt.
Qualification for licence

3. S.61 Amdt.
Regulations

4. Ss. 124 & 125 R&S
124. Penalty
125. Default
126. Offence

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cL-18 as amended

1. (1) Section 2 of the Liquor Control Act is amended by adding immediately after paragraph (f) the following:

(f.1) "contraband" means alcoholic liquor acquired in any manner not expressly authorized by this Act or the Liquor Corporation Act or the respective regulations made under those Acts;

(2) Paragraph 2(gg) of the Act is amended by deleting the words "a boat, and an article used in transporting" and substituting the following words "all ships, boats, vessels, aircraft and articles used in transporting".

2. Section 33 of the Act is amended by adding immediately after subsection 33(5) the following:

(6) A licensee who possesses contraband shall have his or her licence suspended or cancelled.

(7) Where contraband is sold or offered for sale from a licensed premise, the holder of that licence, may have his or her licence suspended or cancelled.

3. Section 61 of the Act is amended by adding immediately after paragraph 61(e) the following:

(e.1) prescribe the quantity and conditions under which liquor in a licensed establishment can be open for serving as opposed to liquor stored as inventory;

4. Sections 124 and 125 of the Act are repealed and the following substituted:

Penalty

124. (1) Except where otherwise provided in this Act or the regulations, where a person is convicted of an offence under this Act or the regulations, the court may impose

(a) where the offence was committed for profit or reward, a fine in an amount up to $1,000 or imprisonment for up to 12 months, or both a fine and imprisonment; and

(b) where the offence is considered not to have been committed for profit or reward, a fine up to $500 or imprisonment for up to 3 months, or both a fine and imprisonment,

and in default of payment of the fine imprisonment for up to 3 months.

(2) Where a person is convicted of an offence under subsection 70(2), the court may order the person to pay a fine of up to $10,000 or imprisonment for up to 2 years, or both a fine and imprisonment, and may in default of payment of the fine order imprisonment for up to 3 months.

(3) Where a person is convicted of an offence under subsection 70(1), section 71 or 79, the court may order that person to pay a fine of up to $50,000 or imprisonment for up to 2 years, or both a fine and imprisonment, and may in default of payment of the fine order imprisonment for up to 1 year.

Default

125. (1) Where default is made in the payment of a fine or a part of it that is due on behalf of the Crown under this Act, the minister may issue a certificate stating the amount due and remaining unpaid, and the name of the person by whom it is payable, and may file the certificate with the Registrar of the Supreme Court.

(2) Where a certificate is filed with the Registrar of the Supreme Court, it is of the same effect and proceedings may be taken on it as if it were a judgment of the Trial Division for the recovery of a debt of the amount stated in the certificate against the person named in it.

(3) This section does not apply where a default period has been imposed and has been satisfied.

Offence

126. Where a corporation commits an offence under this Act, whether or not the corporation has been prosecuted and convicted, an officer, director, agent or employee of the corporation who authorized, participated or acquiesced in the commission of the offence may be prosecuted and is subject to the same penalties that may be imposed under this Act.

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