2020 BILL 34

	34


First Session, 49th General Assembly 69 Elizabeth II, 2020
BILL 34
AN ACT TO AMEND THE LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE TOM OSBORNE Minister of Finance and President of Treasury Board
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Control Act to

· give the board the authority to temporarily authorize a person who is granted a lounge licence, restaurant licence, restaurant/lounge licence, hotel licence, motel licence, club licence or military mess licence to sell and deliver alcoholic liquor to a person who purchases a meal prepared by the licensee from the licensed premises for take-out or delivery subject to the terms and conditions prescribed in the regulations;

· allow alcoholic liquor to be delivered by a licensee or an employee of a licensee; and

· authorize the board, with the approval of the Lieutenant-Governor in Council, to make regulations respecting the sale and delivery of alcoholic liquor to persons who purchase a meal prepared by the licensee from the licensed premises for take-out or delivery and providing for the licensing of third parties for the delivery of alcoholic liquor.

This Bill would also amend the Liquor Corporation Act to

· give the board the authority to temporarily authorize a person to whom a brewer, winery or distillery licence is granted to sell and deliver alcoholic liquor to a person for personal consumption;

· give the board the authority to revoke an authorization to sell and deliver alcoholic liquor to a person for personal consumption;

· require that the alcoholic liquor be delivered only by a licensee or an employee of a licensee;

· require that the alcoholic liquor being delivered be sealed and in its original packaging or, in the case of draught beer have a cap design which demonstrates that the container has not been opened;

· require that a person delivering alcoholic liquor be at least 19 years of age and have completed the Serve Responsible NL program; and

· prohibit the delivery of alcoholic liquor to a person that is under 19 years of age or appears intoxicated.

A BILL

AN ACT TO AMEND THE LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT

Analysis

LIQUOR CONTROL ACT

1. S.2 Amdt.
Definitions

2. S.27 Amdt.
Licences

3. S.61 Amdt.
Regulations

LIQUOR CORPORATION ACT

4. S.34 Amdt.
Licences to brewers

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

LIQUOR CONTROL ACT

RSNL1990 cL-18
as amended

1. Paragraph 2(r) of the Liquor Control Act is repealed.

2. (1) Subsection 27(1) of the Act is amended by deleting the word "and" at the end of paragraph (f), deleting the period at the end of paragraph (g) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

(h) a restaurant/lounge to sell beer, wine or spirits to the public

(i) with meals during the hours prescribed in the regulations, and

(ii) without meals during the hours prescribed in the regulations.

(2) Section 27 of the Act is amended by adding immediately after subsection (6) the following:

(7) Notwithstanding subsections (2) to (6), the board may temporarily authorize a person to whom a licence is granted under paragraph (1)(a), (b), (c), (f) or (h) to sell and deliver alcoholic liquor to a person who purchases a meal prepared by the licensee from the licensed premises for take-out or delivery subject to the terms and conditions prescribed in the regulations.

(8) Where the board authorizes a person referred to in subsection (7) to sell and deliver alcoholic liquor to a person who purchases a meal prepared by the licensee from the licensed premises for delivery, the alcoholic liquor shall only be delivered in accordance with the regulations and by

(a) a licensee licensed under paragraph (1)(a), (b), (c), (f) or (h);

(b) an employee of a licensee licensed under paragraph (1)(a), (b), (c), (f) or (h); or

3. Subsection 61(1) of the Act is amended by deleting the word "and" at the end of paragraph (v), deleting the period at the end of paragraph (w) and substituting a semi-colon and by adding immediately after that paragraph the following:

(x) prescribe the terms and conditions respecting the sale and delivery of alcoholic liquor for the purposes of subsection 27(7);

(y) provide for the delivery of alcoholic liquor by licensees or employees of licensees for the purposes of subsection 27(8); and

(z) provide for the licensing of third parties for the delivery of alcoholic liquor for the purposes of subsection 27(8).

LIQUOR CORPORATION ACT

RSNL 1990 cL-19
as amended

4. (1) Section 34 of the Liquor Corporation Act is amended by adding immediately after subsection (2) the following:

(2.1) Notwithstanding subsections (1) and (2) and section 37, the board may temporarily authorize a person to whom a brewer, winery or distillery licence is granted under subsection (1) to sell and deliver alcoholic liquor produced by the licensee to a person for personal consumption.

(2.2) Where the board authorizes a person referred to in subsection (2.1) to sell and deliver alcoholic liquor produced by the licensee to a person for personal consumption, the alcoholic liquor shall only be delivered by

(a) the licensee licensed under subsection (1); or

(b) an employee of the licensee licensed under subsection (1).

(2.3) Where a licensee licensed under subsection (1) is authorized to sell alcoholic liquor for delivery under subsection (2.1), the licensee is only permitted to deliver alcoholic liquor that is

(a) sealed; and

(b) in its original packaging or, in the case of draught beer has a cap design which demonstrates that the container has not been opened.

(2.4) A person shall not deliver alcoholic liquor unless the person is

(a) at least 19 years of age; and

(b) has completed the Serve Responsible NL program offered by Hospitality NL.

(2.5) A person shall not deliver alcoholic liquor to a person who

(a) is under 19 years of age; or

(b) appears intoxicated.

(2) Subsection 34(3) of the Act is repealed and the following substituted:

(3) The board may revoke a licence or authorization granted under this section, where in its opinion there exists a reasonable cause for doing so, but whenever it revokes a licence or authorization, it shall, at the request of the licensee, provide to him or her in writing the reason for the revocation.