Division 4
Prohibited Relationships
80 Definitions
81 Liquor
suppliers and agencies
82 Liquor
licensees
83 Exception -
financial interests
84 Exception ‑
certain manufacturers
85 Exception -
promotions
Division 5
Miscellaneous
86 Definition of
liquor
87 Connection with
liquor suppliers
87.1 Transportation
of liquor
88 Homemade wine,
cider and beer
89 Importation
from other provinces
90 Importation
from other countries
91.1 Removal of
liquor from licensed premises
92 Hours of liquor
sale and consumption
93 Persons authorized
to be in licensed premises
94 Minors in
licensed premises
95 Games,
entertainment and dancing
96 Medicine
97 Private office
98 Religious
ceremonies and sacraments
99 Warehouse
100 Liquor sale
authorization
Part 4
Repeal, Commencement and Expiry
103 Expiry
Schedules
Interpretation
1(1) In this Regulation,
(a) “bingo
event” means a bingo game or a series of bingo games;
(b) “canteen”
means premises where liquor is sold for consumption in the premises and that
are under the direction of
(i) the Canadian Forces, for the use of military personnel and their
guests,
(ii) a police service, for the use of members and their guests, or
(iii) a federal or provincial correctional training facility, for the
use of correctional personnel and their guests;
(c) “club”
means any non-profit association or organization that
(i) is incorporated, continued or registered under the laws of
Alberta or Canada,
(ii) has not fewer than 50 members unless otherwise approved by the
board, and
(iii) has a constitution or by-laws satisfactory to the board;
(d) “convention
centre” means a facility designed and used for the holding of conventions,
meetings, receptions, trade shows, conferences and other events;
(e) “financial
interest” includes any direct, indirect or contingent interest
(i) whether as owner, partial or otherwise, of an interest,
beneficial owner, owner of shares or owner through trusteeship, investment or
otherwise,
(ii) in management, whether by management agreement, partnership
agreement or other agreement, or
(iii) because of having loaned or advanced or caused to be loaned or
advanced money or any thing of value, with or without security;
(f) “hotel”
means an integrated facility established primarily for the purpose of providing
lodging, food and beverage services to the travelling public and that provides
one or more related services, such as room service or telephone and laundry
services;
(g) “institution”
means
(i) a post‑secondary educational institution, or
(ii) a residential facility for adults, hospital, sanatorium or
nursing home;
(h) “linked
bingo” means a bingo game played by participants at different locations in
which the locations are linked by a communication system;
(h.1) “prize
bond” means a bond of a class that gives the holder of the bond a chance to win
prizes that are payable by the bond issuer from the proceeds of investing the
principal of that class of bond;
(i) “provide”,
in respect of liquor, means to provide on any basis other than by sale;
(j) “public
conveyance” includes commercial aircraft, trains and buses, other than local
transit, and water excursion craft licensed to operate in Alberta;
(k) “race
track” means a facility used primarily for horse racing regulated under the Horse
Racing Alberta Act;
(l) “recreational
facility” means a facility where members of the public may engage in
recreational activities throughout the year or on a seasonal basis;
(l.01) “relationship
of interdependence” means a relationship of interdependence as defined in the Adult
Interdependent Relationships Act;
(l.1) “relative”,
in respect of one individual, means any other individual who is connected to
that individual
(i) by blood relationship,
(ii) by marriage,
(ii.1) by virtue of an adult interdependent relationship, or
(iii) by adoption;
(m) “sports
stadium” means a stadium, arena or other facility built for the primary purpose
of staging sporting events;
(n) “theatre”
means a facility where members of the public may watch the performance of
theatrical, musical or other entertainment;
(o) “travellers’
lounge” means a room restricted to passengers waiting to board a public
conveyance.
(2) For
the purposes of this Regulation, a corporation is controlled by a person if
(a) securities
of the corporation to which are attached more than 50% of the votes that may be
cast to elect directors of the corporation are controlled, other than by way of
security only, directly or indirectly by the person, and the votes attached to
those securities are sufficient, if exercised, to elect a majority of the
directors of the corporation, or
(b) the
person has in relation to the corporation any direct or indirect influence
which, if exercised, would result in control in fact of the corporation.
(3) For the purpose of this Regulation,
a corporation is affiliated with another corporation if
(a) one
of the corporations controls the other, or
(b) both
of the corporations are controlled by the same person or group of persons.
(4) Repealed
AR 122/2003 s2.
(5) For
the purposes of the Act and this Regulation, a reference to an applicant for a
licence or for registration, a licensee or a registrant
(a) that
is a partnership includes each partner,
(b) that
is a corporation includes the officers and directors of the corporation, or
(c) that
is the volunteer executive of a bingo association as defined in section 23
includes each member of the executive.
(6) For
the purposes of the Act and this Regulation, a reference to an applicant’s
employees, a licensee’s employees or a registrant’s employees means
(a) in
the case of an application, licence or registration relating to a facility or
premises, the manager of the facility or premises and the spouse of the manager
or a person with whom the manager is living in a relationship of
interdependence, and
(b) the
person holding a position or performing duties or functions specified by the
board in the business of the applicant, licensee or registrant and the spouse
of that person or a person with whom that person is living in a relationship of
interdependence.
(7) For
the purposes of the Act and this Regulation, a reference to an applicant’s
associates, a licensee’s associates or a registrant’s associates means
(a) any
person that has a financial interest in the applicant, licensee or registrant,
in the applicant’s business, the licensee’s business or the registrant’s
business or in the facility or premises to which the application, licence or
registration relates and the spouse of the person or a person with whom the
person is living in a relationship of interdependence,
(b) if
the applicant, licensee or registrant is an individual or a partnership in
which one or more of the partners is an individual,
(i) the spouse of the individual or a person with whom the individual
is living in a relationship of interdependence,
(ii) any relative of the individual and of the spouse or person
referred to in subclause (i) if the relative resides with the individual,
spouse or person,
(iii) any corporation controlled by the individual,
(iv) an officer or director of, and any person with a financial
interest in, a corporation controlled by the individual, and the spouse of the
officer, director or person or a person with whom the officer, director or
person is living in a relationship of interdependence, and
(v) any corporation that is affiliated with the corporation referred
to in subclause (iv), the affiliated corporation’s officers and directors and
any person having a financial interest in the affiliated corporation, and the
spouse of the officer, director or person or a person with whom the officer,
director or person is living in a relationship of interdependence,
and
(c) if
the applicant, licensee or registrant is a corporation or a partnership in
which one or more of the partners is a corporation,
(i) an officer or director of the corporation,
(ii) the spouse of the officer or director of the corporation or a
person with whom the officer or director is living in a relationship of
interdependence,
(iii) any relative of the officer or director referred to in subclause
(i) and any relative of the spouse or of a person referred to in subclause
(ii), if the relative resides with the officer, director, spouse or person,
(iv) any corporation affiliated with the applicant, licensee or
registrant,
(v) an officer or director of an affiliated corporation and the
spouse of the officer or director of an affiliated corporation or a person with
whom the officer or director is living in a relationship of interdependence,
and
(vi) any person who has a financial interest in the
affiliated corporation and the spouse of the person or a person with whom the
person is living in a relationship of interdependence.
AR 143/96
s1;87/99;131/2002;122/2003
Part 1
General Provisions
Division 1
Application Requirements
Application
2(1) An applicant for a licence or registration must
submit to the Commission
(a) an
application on a form established by the Commission,
(b) any
information, affidavits and documents required by the Commission or board that
relate to the application,
(c) the
fees specified in Schedule 1, and
(d) any
deposit required by or under section 28.
(2) The
information, affidavits and documents required under subsection (1)(b) may
include the following consents, to be signed by the applicant:
(a) a
consent to disclosure to the board or the Commission by a person referred to in
the consent of information about the applicant, to determine the eligibility of
the applicant to hold a licence or to be registered;
(b) a consent to disclosure by the board or the
Commission to a person referred to in the consent of information provided by
the applicant, to determine the accuracy of the information.
AR 143/96
s2;253/97;131/2002
Advertisement and
consultation
3(1) The Commission may require an applicant for a
licence or registration
(a) to
advertise the application in the community where the licence or registration
would have effect, or
(b) to
consult with residents of the community in which the licence or registration
would have effect for the purpose of obtaining public response to the
application,
in accordance with the
directions of the Commission.
(2) The
Commission may notify a community in which a new licence or registration would
have effect of the applicant’s application.
(3) In this section, “community” means a geographical
area determined in accordance with the policies of the Commission.
AR 143/96 s3;131/2002
Objections
4(1) Any person may submit to the board an
objection to an application for a licence or registration.
(2) If an objection is received by the board, the
board must consider it and advise the person who filed the objection of the
board’s decision on the application.
AR 143/96 s4;131/2002
Requirements for
individuals
5(1) No individual is eligible for a licence or to
be registered unless the individual is an adult.
(2) No individual is eligible for a licence or to
be registered unless the individual is a Canadian citizen or lawfully admitted
to Canada for permanent residence.
AR 143/96 s5;131/2002
Requirements for
corporations
6 No corporation is eligible for a licence
or to be registered unless the corporation is incorporated or continued by or
under the Business Corporations Act, Companies Act or Societies
Act or any other enactment or is registered under Part 21 of the Business
Corporations Act or Part 9 of the Companies Act.
Requirements for
partnerships
7(1) No partnership is eligible for a licence
or to be registered, unless the partners meet the requirements of section 5 or
6, as the case may be.
(2) The board may not issue a licence to or
register a partnership unless the partnership is registered under the Partnership
Act.
AR 143/96 s7;131/2002
Refusal of licence or
registration
8(1) The board may refuse to issue a licence to an
applicant or to register an applicant if, in the board’s opinion,
(a) the
applicant has misled the board or has provided inaccurate or incomplete
information to the board,
(b) the
community in which the licence or registration would have effect does not
support the issuance of the licence or the registration, or
(c) at
the time of the application, there are fees under section 28 remaining unpaid
by the applicant.
(2) Where the board refuses to issue a facility
licence because the community in which the licence would have effect does not
support the issuance of the licence, the board may, for a period of 2 years
following that decision, refuse to issue any facility licence in that
community.
AR 143/96 s8;131/2002
Division 2
Background Checks
Definition
9 In this Division and in section 28,
“background check” means an inquiry or investigation, including a records
check, conducted by the Commission to enable the Commission to determine the
eligibility of an applicant, licensee or a registrant to hold a licence or be
registered or to continue to hold a licence or be registered, and includes but
is not limited to an inquiry or investigation relating to the honesty and
integrity, financial history and competence of any of the following:
(a) the
applicant;
(b) the
licensee;
(c) the
registrant;
(d) the
employees and associates of the applicant, the licensee or the registrant;
(e) any person with connections to the
applicant, the licensee or the registrant.
AR 143/96
s9;131/2002;122/2003
Authority of
Commission to conduct background checks
9.1 The Commission may conduct any
background check that it considers necessary or appropriate.
AR 131/2002 s9
Records check
10(1) The board may refuse to issue a licence
to an applicant or to register an applicant if the applicant, any of the
applicant’s employees or associates or any other person with connections to the
applicant fail to pass a records check.
(2) A
person does not pass a records check if the person
(a) has
within the 5 years prior to the submission of the application been charged with
or convicted of
(i) an offence under the Criminal Code (Canada), the Excise
Act (Canada), the Food and Drugs Act (Canada) or the Controlled
Drugs and Substances Act (Canada), or
(ii) an offence under a foreign Act or regulation that, in the board’s
opinion, is substantially similar to an offence referred to in subclause (i),
(b) has
at any time been charged with or convicted of
(i) an offence under the Criminal Code (Canada), the Excise
Act (Canada), the Food and Drugs Act (Canada) or the Controlled
Drugs and Substances Act (Canada), or
(ii) an offence under a foreign Act or regulation that, in the board’s
opinion, is substantially similar to an offence referred to in subclause (i),
if in the board’s opinion
the offence is sufficiently serious that it may detract from the integrity with
which gaming activities or provincial lotteries are to be conducted in Alberta
or may be detrimental to the orderly or lawful conduct of activities authorized
by a liquor licence or a registration relating to liquor, or
(c) has within the 5 years prior to the
submission of the application been serving a term of imprisonment of 3 years or
more.
AR 143/96
s10;131/2002;122/2003
Contravention of Act
and regulations
11 The board may refuse to issue a licence
to an applicant or to register an applicant if the board is satisfied that the
applicant, any of the applicant’s employees or associates or any other person
with connections to the applicant has within the 5 years prior to the
submission of the application contravened
(a) the
Act or regulations under the Act,
(b) a
predecessor of the Act or regulations under a predecessor of the Act, or
(c) a condition imposed on a licence or
registration issued or made under the Act or a predecessor of the Act.
AR 143/96 s11;122/2003
Prior cancellation or
refusal
12(1) In this section, “foreign licence or
registration” means a licence or registration issued or made under the laws of
a jurisdiction other than Alberta that, in the board’s opinion, is similar to a
licence or registration under the Act.
(2) The
board may refuse to issue a licence to an applicant or to register an applicant
if, within the 5 years prior to the submission of the application, a licence or
registration issued or made under the Act or a predecessor of the Act or a
foreign licence or registration of the applicant, any of the applicant’s
employees or associates or any other person with connections to the applicant
has been cancelled or suspended.
(3) The board may refuse to issue a licence to an
applicant or to register an applicant if, within the 5 years prior to the
submission of the application, the applicant, any of the applicant’s employees
or any of the applicant’s associates has been refused a foreign licence or
registration.
AR 143/96
s12;131/2002;122/2003
Detriment to gaming or
liquor activities
13 The board may refuse to issue a licence
to an applicant or to register an applicant if the board is satisfied that the
applicant, any of the applicant’s employees or associates or any other person
with connections to the applicant
(a) is
a person who has not acted or may not act in accordance with the law, with
honesty and integrity or in the public interest, having regard to the past
conduct of the person,
(b) would
be a detriment to the integrity or lawful conduct of gaming activities or
provincial lotteries,
(c) is
a person whose background, reputation and associations may result in adverse
publicity for the gaming industry in Alberta, or
(d) would be a detriment to the lawful
manufacture, import, purchase, sale, provision, transport, possession, storage,
use or consumption of liquor.
AR 143/96 s13;131/2002
Board’s power under s92(2)(a) of Act
13.1(1) When considering under section 92(1) of the Act
whether a licensee or registrant has become ineligible to continue to hold a licence
or to be registered, the board may take into account any of the matters in this
Division relating to an applicant’s initial eligibility to be issued a licence
or to be registered, and the board may, subject to subsection (2), cancel a licence or registration under
section 92(2)(a) of the Act for any reason that would justify the board’s
refusing to issue a licence or register an applicant under this Division.
(2) If the ineligibility referred to in subsection
(1) is caused by a charge being laid under the Act or a federal Act specified
in section 10(2), the board may not cancel a licence or registration until
after the Commission has completed an investigation of the matter.
AR 131/2002 s13
Division 3
Facilities and Premises
Right to occupy
facility or premises
14(1) No facility licence or liquor licence may be
issued unless the board is satisfied that the applicant has the right to occupy
and control the facility or premises in respect of which the application is
made.
(2) Subsection
(1) does not apply to an application for a liquor licence in which the proposed
licensed premises is a canteen or an institution.
(3) A facility licensee or a liquor licensee must,
if required by the board during the term of the licence, satisfy the board that
the licensee continues to have the right to occupy and control the facility or
premises in respect of which the licence is issued.
AR 143/96 s14;131/2002
Requirements for
facilities and premises
15(1) No facility licence or liquor licence may
be issued unless the board is satisfied that the facility or premises to be
licensed meets the requirements for that type of facility or premises as
established in the board’s policies.
(2) In
addition to meeting the requirements in the board’s policies, no retail liquor
store liquor licence may be issued unless the board is satisfied that the
premises to be licensed meets the requirements set out in Schedule 2.
(3) Every
facility licensee and liquor licensee must ensure that, during the term of the
licence, the licensed facility or licensed premises meets
(a) the
requirements for that type of facility or premises as established in the
board’s policies, and
(b) in
the case of a retail liquor store licence, the requirements referred to in
clause (a) and the requirements set out in Schedule 2.
Division 4
Offences and Conditions
Designation of offences
16 The contravention of section
34.1, 52, 54, 61, 81, 82, 87.1, 91.1 or 94 of this Regulation is an offence.
AR 143/96
s16;173/96;253/97;131/2002
Conditions on
registrations
17(1) The board’s policies respecting the activities
authorized by a registration are conditions of the registration, including
policies made after a person is registered.
(2) The
Commission must provide a registrant with a copy of the board’s policies that
are conditions of the registration and any amendments to those policies.
(3) When registering a person, the board
may, with or without a hearing, impose conditions on the registration that are
in addition to the conditions referred to in subsection (1).
(4) When the board imposes a condition under
subsection (3) without a hearing, the board must inform the registrant about
the registrant’s right to a hearing under section 94 of the Act.
AR 143/96
s17;251/2001;131/2002
18 Repealed AR 131/2002 s17.
Part 2
Gaming and Provincial Lotteries
Licences
Gaming licences
19 The following classes of gaming licence
are established:
(a) bingo
licence: authorizes a bingo event;
(b) pull
ticket licence: authorizes a lottery scheme in which an individual opens a ticket
to determine if a prize has been won;
(c) raffle
licence: authorizes a lottery scheme in which tickets or prize bonds are sold
for a chance to win a prize;
(d) casino licence: authorizes a casino.
AR 143/96
s19;87/99;131/2002
Eligibility of gaming
licence applicants
20(1) An applicant for a gaming licence that
authorizes a gaming activity under section 207(1)(b) or (f) of the Criminal
Code (Canada)
(a) must
be a charitable or religious organization, and
(b) must
satisfy the board that the proceeds from the gaming activity will be used for a
charitable or religious object or purpose approved by the board.
(2) An applicant for a gaming licence
that authorizes a gaming activity under section 207(1)(d) of the Criminal Code (Canada) must satisfy the
board that the proceeds from the gaming activity will be used for a charitable
or religious object or purpose approved
by the board.
AR 143/96 s20;131/2002
Deferred payment of
licence fees
20.1 The Commission may allow an
applicant for a bingo, pull ticket or casino licence to submit the fees for the
licence after the licence is issued and, if this deferral of fees is allowed,
the applicant must submit the licence fees to the Commission within the time
period specified by the Commission.
AR 87/99 s4;131/2002
Accounting
21 The following must, at any time when
required by the board, provide an accounting of the proceeds of a lottery
scheme authorized by a licence:
(a) the
holder of a gaming licence;
(b) a person whose gaming licence has expired.
AR 143/96 s21;131/2002
Facility licences
22 The following classes of facility licence
are established:
(a) bingo
facility licence: authorizes the operation of a facility in which a bingo event
may be conducted;
(b) casino
facility licence: authorizes the operation of a facility in which a casino may
be conducted;
(c) racing
entertainment centre facility licence: authorizes the operation of a facility
(i) that is located in a grandstand adjoining a race track, and
(ii) in which a provincial lottery may be conducted.
AR 143/96 s22;131/2002
Eligibility of
facility licence applicants
23(1) In this section, “bingo association” means an
association of charitable or religious organizations formed for the purpose of
conducting gaming activities.
(2) A
bingo facility licence may only be issued to an individual, a partnership, a
corporation or the volunteer executive of a bingo association.
(3) A casino facility licence may only be issued to
an individual, partnership or corporation.
AR 143/96
s23;253/97;131/2002
Registration
Exclusions from gaming
worker
24 The following are not gaming workers:
(a) a
person who is paid to sell pull tickets, raffle tickets or prize bonds;
(b) a
person who is paid to manage a raffle in which the sale price of all tickets to
be sold under the raffle is $10 000 or less;
(c) a
person who works in a licensed facility in which a licensed gaming activity
takes place if the facility is not required to be licensed under section
36(1)(b) of the Act;
(d) a person who works in a licensed facility
whose duties are unrelated to any provincial lottery or gaming activity that is
conducted in the facility.
AR 143/96
s24;87/99;131/2002
Registration of
gaming workers
25 The following classes of registration of
gaming workers are established:
(a) bingo
worker: authorizes a person to perform at a bingo facility a function specified
in the person’s registration;
(b) casino
worker: authorizes a person to perform at a casino facility a function
specified in the person’s registration;
(c) facility
worker: authorizes a person to perform at a licensed facility other than a
bingo facility or a casino facility a function specified in the person’s
registration;
(d) raffle
manager: authorizes a person to manage a raffle
(i) where the authorized ticket value exceeds $10 000, or
(ii) that involves prize bonds;
(e) pull ticket manager: authorizes a person to
manage the sale of pull tickets.
AR 143/96
s25;87/99;131/2002
Eligibility of gaming
workers
26(1) Only individuals are eligible to be registered
as gaming workers.
(2) To
be eligible to be registered to perform a function as a gaming worker, an
individual must
(a) have
the experience specified by the board for the function, and
(b) if
the board establishes an exam for the function, achieve at least the minimum
exam score specified by the board.
Additional classes of
registration
27 The following additional classes of
registration are established:
(a) a
class of registration that authorizes a person to provide gaming workers;
(b) a
class of registration that authorizes a person to deal in gaming supplies
approved by the board;
(c) a class of registration that authorizes a
person to deal in gaming terminals approved by the board.
AR 143/96 s27;131/2002
General
Fees and deposits re
background checks
28(1) This section applies in respect of the
following:
(a) facility
licences other than facility licences issued to the volunteer executive of a
bingo association;
(b) registrations
that authorize a person to deal in gaming terminals;
(c) registrations
that authorize a person to provide gaming workers;
(d) registrations
that authorize a person to manage a raffle
(i) where the authorized ticket value exceeds $10 000, or
(ii) that involves prize bonds;
(e) registrations
that authorize a person to deal in gaming supplies.
(2) An applicant for a licence or
registration referred to in subsection (1) must pay a fee for background checks
conducted by the Commission in respect of the applicant, the applicant’s
employees and associates and persons with connections to the applicant.
(3) An
applicant for a licence or registration referred to in subsection (1) must
submit to the Commission with the application a deposit in the amount
determined by the board to be used to pay the fee for background checks.
(4) The
holder of a licence or registration referred to in subsection (1) must pay a
fee for background checks conducted by the Commission, if any, during the term
of the licence or registration in respect of the licensee or registrant, the
employees and associates of the licensee or registrant and persons with
connections to the licensee or registrant.
(5) If
required by the Commission, the holder of a licence or registration referred to
in subsection (1) must submit to the Commission a deposit in the amount determined
by the board to be used to pay the fee for background checks.
(6) If
a deposit has been submitted that exceeds the fee for background checks, the
Commission must refund the surplus.
(7) The fee payable for a background check is the
actual cost of conducting the background check.
AR 143/96
s28;253/97;131/2002
Term
29(1) The term of a gaming or facility licence or a
registration referred to in this Part is one year or 2 years, as specified in
the licence, unless subsection (2) applies.
(2) The
board may issue a licence to an applicant or register an applicant for a period
other than that described in subsection (1) where the board considers it
appropriate.
(3) A person who holds a gaming or facility licence
having a term of more than one year or who is registered under this Part for a
term of more than one year must pay by the date specified by the board an
additional fee for the portion of the term that exceeds one year.
AR 143/96 s29;131/2002
Automatic
cancellation on sale, assignment or transfer
30(1) Neither the holder of a gaming or facility
licence nor a person registered under this Part may sell, assign or transfer
the licence or registration.
(2) If the holder of a gaming or facility licence
or a person registered under this Part sells, assigns or transfers the licence
or registration, the licence or registration is cancelled.
AR 143/96 s30;131/2002
Automatic
cancellation on change in control
30.1 Where
(a) there
is a sale, assignment or transfer of a portion of the business under which the
activities authorized by a facility licence or a registration relating to
gaming are carried out, and
(b) the
sale, assignment or transfer results in a change in control of the business,
the licence or registration is cancelled.
AR 131/2002 s29
Change in ownership
but not control
30.2(1) A proposed sale, assignment or transfer of a
portion of a business
(a) that
is a sole proprietorship, a partnership or a corporation that is not a
distributing corporation as defined in the Business Corporations Act,
and
(b) under
which the activities authorized by a facility licence or a registration
relating to gaming are carried out
must be reported to
the Commission by the licensee or registrant and must be approved by the board
prior to the effective date of the sale, assignment or transfer.
(2) A
sale, assignment or transfer of 5% or more of a business
(a) that
is a distributing corporation as defined in the Business Corporations Act,
and
(b) under
which the activities authorized by a facility licence or a registration
relating to gaming are carried out
must be reported to
the Commission by the licensee or registrant within 10 business days after the
effective date of the sale, assignment or transfer and must be approved by the
board.
(3) The
board may, in respect of a sale, assignment or transfer requiring its approval
under this section,
(a) approve
it without conditions,
(b) approve
it subject to conditions,
(c) approve
it subject to the variation or rescission of existing conditions, or
(d) refuse
to approve it.
(4) Where the board refuses to approve a sale,
assignment or transfer under subsection (3)(d) after the effective date of the
sale, assignment or transfer, the board may treat the licensee or registrant as
ineligible to hold a licence or to be registered and make a decision under
section 92 of the Act.
AR 131/2002 s29
Change in financial
interest
30.3(1) Where after a facility licence is issued, the
licensee intends that a person acquire a financial interest in the licensee, in
the licensee’s business or in the facility to which the licence relates, in a
manner other than by way of a sale, assignment or transfer,
(a) the
licensee must report the financial interest to the Commission, and
(b) the
board must approve the financial interest prior to the date on which the
financial interest takes effect.
(2) The
board may, in respect of a financial interest requiring its approval under this
section,
(a) approve
it without conditions,
(b) approve
it subject to conditions,
(c) approve
it subject to the variation or rescission of existing conditions, or
(d) refuse
to approve it.
(3) Where the board refuses to approve a financial
interest under subsection (2)(d) after the effective date of the financial
interest, the board may treat the licensee as ineligible to continue to hold
the licence and make a decision under section 92 of the Act.
AR 131/2002 s29
Licence cancellation
on dispossession of business
31(1) If a facility licensee, through bankruptcy or
operation of law, becomes dispossessed of the business under which the
activities authorized by the licence are carried out, the licence is cancelled.
(2) If
subsection (1) applies, the board may issue a temporary licence to a person to
carry on the activities authorized by the cancelled licence, subject to any
conditions set out in the temporary licence.
(3) A
temporary licence is valid for 3 months or until the cancelled licence would
have expired if subsection (1) did not apply, whichever is later.
(4) A
person who holds a temporary licence may, while the temporary licence is in
force, apply for a new licence.
Death of licensee
32(1) When a facility licensee who is an individual
dies, the licence continues in force until the expiry date of the licence
unless it is suspended or cancelled earlier.
(2) While
the licence is in force, the licensee is
(a) a
person specified by the board, or
(b) the
trustee, executor or administrator who is entitled to administer the estate of
the deceased if the board does not specify a person.
Posting of licences
33(1) A facility licensee must post in a prominent
place in the licensed facility
(a) the
facility licence, and
(b) any
document or information that the board or Commission requires to be posted.
(2) When
the activities authorized by a gaming licence are conducted in a licensed
facility, the gaming licensee must post in a prominent place in the licensed
facility
(a) the
gaming licence, and
(b) any document or information that the board
or Commission requires to be posted.
AR 143/96 s33;131/2002
34 Repealed AR 131/2002 s31.
Persons not permitted
in licensed facilities
34.1(1) No facility licensee or employee or agent of a
facility licensee may permit a person to enter into or remain in the licensed
facility if
(a) the
licensee, employee or agent, as the case may be, knows or has been advised by
the Commission that the person has been convicted of an offence under
section 209 of the Criminal Code (Canada), or
(b) the
licensee, employee or agent, as the case may be, knows or has been advised by
the Commission that the person
(i) has been convicted of an offence under a foreign Act or
regulation that, in the board’s opinion, is substantially similar to an offence
under section 209 of the Criminal Code (Canada), or
(ii) is not, under the laws of a jurisdiction other than Alberta,
permitted to enter into or remain in a place in which gaming activities in that
jurisdiction are conducted.
(2) The board may issue a notice to
facility licensees stating that a person referred to in subsection (1)(a) or
(b) may be permitted to enter a licensed facility and, upon the notice being
issued, subsection (1) does not apply in respect of that person unless the
board revokes the notice.
AR 253/97 s6;131/2002
Self-exclusion
programs
34.2 No facility licensee or employee
or agent of a facility licensee may permit a person who is enrolled in a self‑exclusion
program to enter into or remain in the licensed facility.
AR 131/2002 s33
Part 3
Liquor
Division 1
Liquor Licences
Class
A Liquor Licences
Class A liquor licence
35 A Class A liquor licence authorizes the
licensee
(a) to
purchase liquor from the Commission or as otherwise directed by the board,
(b) to
possess, store and use liquor in the licensed premises, and
(c) to
sell or provide liquor from the licensed premises for consumption in the
licensed premises.
Licensed premises
36 The licensed premises under a
Class A liquor licence must be premises that any member of the public is
permitted to enter.
AR 143/96 s36;131/2002
Hotel
37 If the licensed premises under a Class A
liquor licence are located in a hotel, the licence also authorizes the licensee
(a) to
sell or provide liquor from the licensed premises to a guest room in the hotel,
and
(b) to
sell or provide liquor from self‑service bars located in a guest room in
the hotel.
Class B Liquor Licences
Class B liquor licence
38 A Class B liquor licence authorizes the
licensee
(a) to
purchase liquor from the Commission or as otherwise directed by the board,
(b) to
possess, store and use the liquor in the licensed premises, and
(c) to
sell or provide the liquor from the licensed premises for consumption in the
licensed premises.
Licensed premises
39 The licensed premises under a Class B
liquor licence must be a recreational facility, tourist facility, race track,
sports stadium, convention centre, theatre or public conveyance in which
entrance is restricted to persons who purchase a ticket or pay a user fee or on
some other basis acceptable to the board.
Sales tied to events
40 If the licensed premises under a Class B
liquor licence are located in a sports stadium, convention centre or theatre,
the licensee is authorized to sell liquor only in conjunction with an event
that is approved by board policy or that has been specifically approved by the
board.
Stadium bylaws
41 A council of a municipality may pass
bylaws specifying
(a) the
days, hours and areas in which liquor may be sold by a Class B liquor licensee
in a sports stadium, and
(b) the
hours and areas that liquor purchased from a Class B liquor licensee may be
consumed in a sports stadium.
Class C Liquor Licences
Class C liquor licence
42 A Class C liquor licence authorizes the
licensee
(a) to
purchase liquor from the Commission or as otherwise directed by the board,
(b) to
possess, store and use the liquor in the licensed premises, and
(c) to
sell or provide the liquor from the licensed premises for consumption in the
licensed premises.
Licensed premises
43 The licensed premises under a Class C
liquor licence must be a club, canteen,
travellers’ lounge or institution in which entrance is restricted to members
and their guests, residents and their guests or on some other basis acceptable
to the board.
Canteen
44 An application for a Class C liquor
licence in respect of a canteen must be made by the officer in charge of the
Canadian Forces Base, police service or federal or provincial correctional
training facility in which the canteen will be located.
Institution
45 An application for a Class C liquor
licence in respect of an institution must be accompanied by the consent of the
authority that directs the operation of the institution.
Travellers’ lounge
46 An application for a Class C liquor
licence in respect of a travellers’ lounge must be made by the person that
operates the public conveyance that the lounge is associated with.
Class D Liquor Licences
Class D liquor licence
47 The following subclasses of a Class D
liquor licence are established:
(a) retail
liquor store licence: authorizes the licensee
(i) to purchase liquor from the Commission or as otherwise directed
by the board,
(ii) to possess and store liquor in the licensed premises,
(iii) to sell or provide liquor from the licensed premises for
consumption off the licensed premises,
(iv) to sell or provide from the licensed premises liquor samples for
consumption in the licensed premises, and
(v) to sell liquor, with the prior approval of the board, at a
function at premises specified by the board for consumption off those premises;
(b) general
merchandise liquor store licence: authorizes the licensee to do the things that
a retail liquor store licence authorizes in conjunction with a general
merchandising business;
(c) general
off sales licence: authorizes a person who holds a Class A liquor licence for licensed premises
in a hotel or for licensed premises other than a hotel that are approved by the
board
(i) to purchase liquor from the Commission or as otherwise directed
by the board,
(ii) to possess and store liquor in the licensed premises,
(iii) to sell or provide liquor from licensed premises described in the
general off sales licence for consumption off those licensed premises, and
(iv) to sell or provide from the licensed premises described in the
general off sales licence liquor samples for consumption in those licensed
premises;
(d) manufacturer’s
off sales licence: authorizes a person who holds a Class E licence
(i) to purchase from the Commission liquor manufactured by the person
under the Class E liquor licence,
(ii) to possess and store the liquor in the licensed premises
described in the manufacturer’s off sales licence, and
(iii) subject to section 53, to sell or provide the liquor from the
licensed premises described in the manufacturer’s off sales licence for
consumption off those premises;
(e) sacramental
wine resale licence: authorizes the licensee
(i) to purchase wine from the Commission or as otherwise directed by
the board,
(ii) to possess and store the wine in the licensed premises, and
(iii) to sell the wine to religious organizations for sacramental
purposes;
(f) delivery
service licence: authorizes the licensee
(i) to take orders from an adult who wishes to purchase liquor,
(ii) to purchase liquor to fill the order from a retail or general
merchandise liquor store licensee or a general or manufacturer’s off sales
licensee,
(iii) to deliver the liquor to the adult who ordered it at a place
where it is lawful to store or consume the liquor, and
(iv) to sell the liquor to the adult who ordered it;
(g) commercial
caterers licence: authorizes the licensee
(i) to purchase liquor from the Commission or as otherwise directed
by the board,
(ii) to possess and store liquor in premises approved by the
Commission, and
(iii) subject to any conditions established by the
board, to provide, serve and sell liquor for consumption at catered functions.
AR 143/96
s47;308/2003;4/2005
48 Repealed AR 131/2002 s35.
Selling liquor
related products
49 A licensee who holds a retail liquor
store licence or a general off sales licence may not sell or provide from the
licensed premises any non‑liquor products except for liquor related
products that are approved by the board.
Other business
operations
50 A licensee who holds a retail liquor
store licence and who operates or is involved in another business may not
(a) offer
discounts on purchases in one business based on purchases in the other
business;
(b) operate
a customer loyalty program in one business which recognizes purchases made in
the other business;
(c) sell
trademark or brand name products of the other business in the retail liquor
store unless those products are also available for wholesale purchase by other
licensees and are not referred to by the other business’s name.
General merchandise
liquor store licence
51(1) The board may not issue a general merchandise
liquor store licence for a general merchandise liquor store located in a
municipality if a retail liquor store licence is in force for a retail liquor
store located in the same municipality.
(2) The
board may not issue a general merchandise liquor store licence for a general
merchandise liquor store located in a municipality if a general off sales
licence is in force for a hotel located in the same municipality.
(3) The board may make policies establishing
additional criteria for issuing general merchandise liquor store licences.
AR 143/96
s51;160/98;131/2002
Containers
52 A Class D liquor licensee and the
employees and agents of the licensee may pursuant to the licence
(a) sell
in unopened containers that have been approved by the board any liquor except
beer and wine sold in bulk, and
(b) sell beer and wine in bulk in opened
containers subject to the board’s policies.
AR 143/96 s52;131/2002
Restriction on sales
53 A manufacturer’s off sales licensee may
not sell or provide liquor referred to in section 47(d) to a liquor licensee
unless
(a) the
liquor licensee is a special event licensee, or
(b) the
board authorizes the manufacturer’s off sales licensee to sell or provide the
liquor to another class of licensee.
Delivery service licence
54 A delivery service licensee may not store
liquor.
Class E Liquor Licences
Class E liquor licence
55 The following subclasses of a Class E
liquor licence are established:
(a) manufacturer’s
licence: authorizes the licensee
(i) to manufacture liquor in the licensed premises,
(ii) to possess and store the liquor it manufactures in the licensed
premises,
(iii) to sell the liquor it manufactures to the Commission, and
(iv) to provide, in accordance with board policy, liquor it
manufactures to its employees and their guests for consumption in the licensed
premises;
(b) brew
pub licence: authorizes a Class A liquor licensee
(i) to manufacture beer in the quantity approved by the board in the
premises licensed under the Class A liquor licence,
(ii) to possess and store the beer in the premises licensed under the
Class A liquor licence,
(iii) to sell the beer it manufactures to the Commission, and
(iv) to provide, in accordance with board policy, the beer it manufactures to its employees and their
guests for consumption in the premises licensed under the Class A liquor
licence;
(c) cottage
winery licence: authorizes the licensee
(i) to manufacture wine in the licensed
premises,
(ii) to possess and store the wine it manufactures in the licensed
premises,
(iii) to sell the wine it manufactures to the Commission, and
(iv) to provide in accordance with board policy,
wine it manufactures to its employees and their guests for consumption in the
licensed premises.
AR 143/96 s55;4/2005
Brew pub licence
56(1) No brew pub licence may be issued in respect of
premises unless the applicant
(a) holds
a Class A liquor licence for those premises,
(b) agrees
to purchase from the Commission at a price established by the board the beer it
manufactures, and
(c) provides
security satisfactory to the board to ensure payment of the purchase price
referred to in clause (b).
(2) Subsection
(1)(a) does not prevent a person from applying for a Class A liquor licence and
a brew pub licence at the same time.
Sale or provision of
brew pub beer
57 A person who holds a Class A liquor
licence and a brew pub licence for the same premises and also holds another
Class A liquor licence for other premises may only sell or provide beer
manufactured under the brew pub licence from those other premises if the person
obtains the approval of the board.
Standards and
labelling
58 A Class E liquor licensee must
(a) ensure
that liquor manufactured under the licence complies with the standards and
requirements established by or under federal legislation, and
(b) ensure
that a label that complies with the standards and requirements established by
or under federal legislation is attached to all containers of liquor
manufactured for sale in Alberta.
Duty Free Store Licences
Duty free store licence
59 A duty free store licence authorizes the
licensee
(a) to
purchase liquor from the Commission or as otherwise directed by the board,
(b) to
possess and store the liquor in the licensed premises, and
(c) to
sell the liquor from the licensed premises to persons who are taking the liquor
outside of Canada.
Customs Act (Canada)
60(1) The board may not issue a duty free store
licence for premises unless the applicant holds a licence under the Customs
Act (Canada) that authorizes the premises to be operated as a duty free
shop.
(2) If
the licence under the Customs Act (Canada) referred to in subsection (1)
is no longer in force, the duty free store licence for the premises is
cancelled.
Containers
61 A duty free store licensee and
the employees and agents of the licensee may only sell liquor under the licence
in unopened containers that have been approved by the board.
AR 143/96 s61;131/2002
Special Event Licences
Special event licence
62 The following subclasses of a special
event licence are established:
(a) public
resale licence: authorizes the licensee to possess, store, sell and provide
liquor from the licensed premises for consumption in the licensed premises in
relation to an event specified in the licence that is open to the public;
(b) private
resale licence: authorizes the licensee to possess, store, sell and provide
liquor from the licensed premises for
consumption in the licensed premises in
relation to a private event specified in the licence;
(c) private
non-sale licence: authorizes the licensee to possess, store and provide liquor
from the licensed premises for consumption in the licensed premises in relation
to a private event specified in the licence;
(d) hospitality
licence: authorizes a liquor agency or a liquor supplier described in section
1(1)(t)(ii) or (iii) of the Act to
possess, store and provide liquor in the licensed premises for consumption in
the licensed premises in relation to an event specified in the licence;
(e) competition
licence: authorizes
(i) the licensee to transport home-made wine, cider or beer to and
from the licensed premises at which the competition specified in the licence
will take place,
(ii) the licensee to display the home-made wine, cider or beer in the
licensed premises during the period of time specified in the licence, and
(iii) the people judging and participating in the competition to taste
the home-made wine, cider or beer in the licensed premises;
(f) industrial
use licence: authorizes the licensee to possess, store and use liquor in the
licensed premises for the purposes of an industrial, mechanical, food
processing or manufacturing business.
Off sales
63 A public resale licence issued
in respect of an auction of liquor may authorize the sale or provision of
liquor for consumption off the licensed premises.
AR 143/96 s63;131/2002
Food fair and trade
show
64 A special event licence issued in respect
of a food fair or trade show may authorize a liquor supplier or liquor agency
that is not the special event licensee to sell liquor for consumption at the
food fair or trade show.
Conditions on special
event licences
65(1) A special event licensee must purchase liquor
that is to be provided or sold under the authority of the special event licence
from a Class D licensee or as otherwise directed by the board.
(2) A
special event licensee or an agent of a special event licensee may transport
liquor purchased under the special event licence to the licensee’s or the
agent’s residence and from the residence to the licensed premises, and may
transport the liquor to the licensed premises up to 48 hours in advance of the
special event specified in the licence.
(3) Unless otherwise authorized by the board, a
special event licensee must, within 48 hours after the licence expires, ensure
that the liquor purchased under the licence that has not been consumed is removed from the premises that were
licensed.
AR 143/96 s65;131/2002
Special Requirements for
Liquor Licences
Liquor servings
66 If a Class A, B or C liquor
licensee is required under the board’s policies to have a menu or price list
for drinks that contain liquor, the menu or price list must specify the amount
of liquor contained in the drinks.
AR 143/96 s66;131/2002
Food service
67 A Class A, B or C liquor licensee must
comply with the requirements of the board respecting the provision of a food
service from the licensed premises, including requirements respecting the type
of kitchen facilities and food preparation equipment that are associated with
the food service.
Wine brought by
patron
67.1(1) The board may, on application by a licensee,
authorize the licensee, subject to conditions established by the board, to
serve for consumption in licensed premises wine taken into the licensed
premises by a patron.
(2) A
patron may, subject to conditions established by the board, bring wine into a
licensed premises authorized under subsection (1).
(3) A patron who takes wine into licensed premises
authorized under subsection (1) may remove from the premises any of the wine
that is not consumed.
AR 308/2003 s3
Dispensing, serving
and mixing liquor
68(1) The board may make policies respecting the use
by liquor licensees of dispensing systems and other matters to ensure licensees
provide patrons with the brand and amount of liquor purchased by the patron.
(2) A
liquor licensee may
(a) sell
or provide for consumption in licensed premises liquor dispensed only from the
original container used to hold the liquor purchased under the licence, and
(b) if
authorized under section 67.1, serve for consumption in licensed premises wine
dispensed only from the original container used to hold the wine taken into the
licensed premises by a patron.
(3) If
a liquor licensee serves liquor for consumption in licensed premises in the
original container used to hold the liquor purchased under the licence or used
to hold the wine taken into the licensed premises by a patron, the container
must be open when the liquor or wine is served.
(4) If
a liquor licensee serves liquor for consumption in licensed premises in a
container that is not the original container used to hold the liquor purchased
under the licence or used to hold the wine taken into the licensed premises by
a patron, the container must be satisfactory to the Board.
(5) Liquor
from one container may not be mixed with liquor from another container unless
the liquor is
(a) mixed
at the request of a patron and served to the patron in a glass or other
container satisfactory to the board, or
(b) liquor
from one container, as shipped by the distributor, of a particular brand poured
into another size container of the same brand, as shipped by the distributor.
(6) No liquor licensee may mix liquor with liquor
of a different brand or type in the reservoir, well or holding tank of a
mechanical dispensing device.
AR 143/96
s68;131/2002;217/2002;122/2003;308/2003
Caterer extension
69(1) The board may, on the application of a Class A,
Class B or C liquor licensee, add a caterer extension to the licence.
(2) A caterer extension authorizes the liquor licensee,
subject to any conditions established by the board, to sell or provide liquor
for consumption in the premises specified in the caterer extension.
AR 143/96 s69;131/2002
Areas added to
licensed premises
70(1) The board may, on the application of a Class A,
B or C liquor licensee, add a room, patio or area to the licensed premises
specified in the Class A, B or C liquor licence.
(2) The
board may impose conditions on the Class A, B or C liquor licence relating to
the room, patio or area that is added to the licensed premises.
Application fee
71(1) Repealed AR 131/2002 s44.
(2) The
application fee is in addition to the fee for the licence that is specified in
Schedule 1.
(3) The board may waive the requirement to submit
an application fee if the board considers the waiver to be appropriate.
AR 143/96 s71;131/2002
Eligibility of liquor
supplier and liquor agency
72(1) No Class A, B, C or D liquor licence or duty
free store licence may be issued to a liquor supplier or liquor agency.
(2) Nothing in subsection (1) prevents
(a) a
Class A liquor licensee from being issued a brew pub licence, or
(b) a
Class E liquor licensee from being issued a manufacturer’s off sales licence.
(3) Despite subsection (1), the board may allow a
manufacturer’s licensee to hold a Class A liquor licence if the premises to
which the manufacturer’s licence relates and the premises to which the Class A
liquor licence relates are located on the same property.
AR 143/96 s72;131/2002
Division 2
Registration
Classes of registration
73 The following classes of registration
relating to liquor agencies and liquor suppliers are established:
(a) liquor
agency: authorizes a liquor agency to act as a representative of a liquor
supplier in the sale of the supplier’s liquor;
(b) liquor
representative: authorizes an employee or agent of a liquor agency to act as a
representative of a liquor supplier in the sale of the supplier’s liquor and
authorizes an employee of a liquor supplier to act as a representative of the
supplier in the sale of its liquor.
Requirements
74(1) No person may be registered as a liquor agency
to represent a liquor supplier unless the board is satisfied that the liquor
supplier has agreed to the person representing them.
(2) No
person may be registered as a liquor representative of a liquor agency unless
the board is satisfied that the person is an employee or agent of the liquor
agency.
Division 3
General
Term
75(1) The term of a liquor licence or a registration
referred to in this Part is one year or 2 years, as specified in the licence,
unless subsection (2) applies.
(2) The
board may issue a licence to an applicant or register an applicant for a period
other than that described in subsection (1) where the board considers it
appropriate.
(3) A person who holds a liquor licence having a
term of more than one year or who is registered under this Part for a term of
more than one year must pay by the date specified by the board an additional
fee for the portion of the term that exceeds one year.
AR 143/96 s75;131/2002
Automatic
cancellation on sale, assignment or transfer
76(1) Neither the holder of a liquor licence nor a
person registered under this Part may sell, assign or transfer the licence or
registration.
(2) If the holder of a liquor licence or a person
registered under this Part sells, assigns or transfers the licence or
registration, the licence or registration is cancelled.
AR 143/96 s76;131/2002
Cancellation on
change in control
76.1 Where
(a) there
is a sale, assignment or transfer of a portion of the business under which the
activities authorized by a liquor licence or a registration relating to liquor
are carried out, and
(b) the
sale, assignment or transfer results in a change in control of the business,
the board may cancel the licence or registration.
AR 131/2002 s47
Change in ownership
but not control
76.2(1) A proposed sale, assignment or transfer of a
portion of a business
(a) that
is a sole proprietorship, a partnership or a corporation that is not a
distributing corporation as defined in the Business Corporations Act,
and
(b) under
which the activities authorized by a liquor licence or a registration relating
to liquor are carried out
must be reported to
the Commission by the licensee or registrant and must be approved by the board
prior to the effective date of the sale, assignment or transfer.
(2) A
sale, assignment or transfer of 5% or more of a business
(a) that
is a distributing corporation as defined in the Business Corporations Act,
and
(b) under
which the activities authorized by a liquor licence or a registration relating
to liquor are carried out
must be reported to
the Commission by the licensee or registrant within 10 business days after the
effective date of the sale, assignment or transfer and must be approved by the
board.
(3) The
board may, in respect of a sale, assignment or transfer requiring its approval
under this section,
(a) approve
it without conditions,
(b) approve
it subject to conditions,
(c) approve
it subject to the variation or rescission of existing conditions, or
(d) refuse
to approve it.
(4) Where the board refuses to approve a sale,
assignment or transfer under subsection (3)(d) after the effective date of the
sale, assignment or transfer, the board may treat the licensee or registrant as
ineligible to hold a licence or to be registered and make a decision under
section 92 of the Act.
AR 131/2002 s47
Licence cancellation
on dispossession of business
77(1) If a liquor licensee, through bankruptcy or
operation of law, becomes dispossessed
of the business under which the activities authorized by the licence are
carried out, the licence may be cancelled.
(2) If
the board cancels the liquor licence, the board may issue a temporary licence
to a person to carry on the activities authorized by the cancelled licence,
subject to any conditions set out in the temporary licence.
(3) A
temporary licence is valid for 3 months or until the cancelled licence would
have expired if the board had not cancelled it, whichever is later.
(4) A
person who holds a temporary licence may, while the temporary licence is still
in force, apply for a new licence.
(5) Where the board does not cancel a liquor
licence under subsection (1), the board may allow the licence to continue for
the period determined by the board and subject to any conditions imposed on the
licence by the board.
AR 143/96 s77;131/2002
Death of licensee
78(1) When a liquor licensee who is an individual
dies, the licence continues in force until the expiry date of the licence
unless it is suspended or cancelled earlier.
(2) While
the licence is in force, the licensee is
(a) a
person specified by the board, or
(b) the
trustee, executor or administrator who is entitled to administer the estate of
the deceased if the board does not specify a person.
Posting of licences
79 A liquor licensee must post in a
prominent place in the licensed premises
(a) the
liquor licence, and
(b) any
document or information that the board or Commission requires to be posted.
Division 4
Prohibited Relationships
Definitions
80 In this Division,
(a) “licensee’s
business” in respect of a liquor licensee means the business under which
activities authorized by the licensee’s liquor licence are carried out;
(b) “liquor
licensee” means a person who holds a Class A, B, C or D liquor licence or a
duty free store licence.
Liquor suppliers and
agencies
81 No liquor supplier or officer, director
or employee of a liquor supplier and no liquor agency or representative of a
liquor agency required to be registered under section 62 of the Act may
(a) have
any financial interest in a liquor licensee or the licensee’s business;
(b) have
a financial interest in any of the real or personal property used in a liquor
licensee’s business;
(c) directly
or indirectly sell, give, rent or lend any furniture, furnishings,
refrigeration equipment, dispensing equipment, fixtures, decorations,
paintings, signs, supplies or other
equipment to a liquor licensee;
(d) have
a financial interest in any business that supplies furniture, furnishings, refrigeration
equipment, dispensing equipment, fixtures, decorations, paintings, signs,
supplies or other equipment to a liquor licensee;
(e) directly or indirectly make or offer to make
a loan or advance or give or offer to give money, a rebate, a concession or anything
of value to a liquor licensee or to an employee or agent of that licensee.
AR 143/96
s81;253/97;251/2001
Liquor licensees
82(1) No liquor licensee may
(a) have
a financial interest in a liquor supplier or liquor agency;
(b) sell
or give a liquor supplier or liquor agency any financial interest in the
licensee’s business;
(c) carry
on the licensee’s business on real property in which a liquor supplier or
liquor agency has a financial interest or use in the licensee’s business
personal property in which a liquor supplier or liquor agency has a financial
interest;
(d) buy,
receive as a gift, rent or borrow any furniture, furnishings, refrigeration
equipment, dispensing equipment, fixtures, decorations, paintings, signs,
supplies or other equipment from a liquor supplier or liquor agency.
(2) No
liquor licensee or employee or agent of the licensee may
(a) directly
or indirectly borrow or receive as a gift from any liquor supplier or liquor
agency money, an advance of money or any thing of value;
(b) request
or accept a rebate or concession from a liquor supplier or liquor agency.
Exception - financial
interests
83(1) Despite this Division, the board may allow a
liquor supplier or a liquor agency to have a specified financial interest in a
Class A, B or C liquor licensee’s business.
(2) If
the board allows a liquor supplier or liquor agency to have a financial
interest in a Class A, B or C liquor licensee’s business, the licensee may not
possess, keep, provide, sell or allow in the licensed premises any liquor made
or distributed by the liquor supplier or liquor agency whose financial interest
has been approved, or any liquor produced or distributed by any person in whose
business that liquor supplier or liquor agency has a financial interest.
(3) Repealed AR 131/2002 s49.
AR 163/96
s83;253/97;131/2002
Exception - certain
manufacturers
84(1) Sections 81 and 82 do not apply to the
relationship between a liquor supplier who is a manufacturer and a licensee who
holds a manufacturer’s off sales licence if the manufacturer and licensee are
the same person.
(2) Sections
81 and 82 do not apply to the relationship between a liquor supplier who
manufactures beer for the purposes of a brew pub and a licensee who holds a
Class A liquor licence for a brew pub if the manufacturer and licensee are the
same person.
Exception -
promotions
85 Despite this Division, the board may
approve an arrangement between a liquor licensee and a liquor supplier or
liquor agency to promote a particular type or brand of liquor.
Division 5
Miscellaneous
Definition of liquor
86 For the purposes of section 1(1)(q) of
the Act, a product that is intended for human consumption in which the
percentage of alcohol by volume exceeds 1% is liquor.
Connection with
liquor suppliers
87(1) If a liquor supplier referred to in section
1(1)(t)(i) to (iii) of the Act is a partnership, each partner is a liquor
supplier for the purposes of section 1(1)(t)(iv) of the Act.
(2) If
a liquor supplier referred to in section 1(1)(t)(i) to (iii) of the Act is an
individual or a partnership in which one or more of the partners is an
individual,
(a) the
spouse or person with whom the individual is living in a relationship of
interdependence of the individual,
(b) a
relative of the individual, spouse or person or the spouse or person referred
to in clause (a) if the relative has the same residence as the individual,
spouse or person,
(c) any
corporation controlled by the individual, and
(d) any
corporation that is affiliated with a corporation referred to in clause (c)
is a liquor supplier
for the purposes of section 1(1)(t)(iv) of the Act.
(3) If a liquor supplier referred to in section
1(1)(t)(i) to (iii) of the Act is a corporation or a partnership in which one
or more of the partners is a corporation, any other corporation that is
affiliated with the corporation is a liquor supplier for the purposes of
section 1(1)(t)(iv) of the Act.
AR 143/96
s87;131/2002;122/2003
Transportation of
liquor
87.1(1) Liquor may be transported under section 83 of
the Act only in accordance with this section.
(2) Except as otherwise provided for in
the Act or in a liquor licence, no person may
(a) transport
liquor unless the liquor is in a container that is capped, corked or otherwise
closed, whether or not the container has been previously opened;
(b) transport liquor in a vehicle if the liquor
is within easy access of an occupant of the vehicle.
AR 173/96 s3;251/2001
87.2 Repealed AR 131/2002 s51.
Homemade wine, cider
and beer
88(1) This section is made for the purposes of
section 86(1) of the Act.
(2) No
person may make wine in the person’s residence if the quantity of wine to be
made would cause the amount of homemade wine in the residence to exceed 460
litres.
(3) No
person may make beer in the person’s residence if the quantity of beer to be
made would cause the amount of homemade beer in the residence to exceed 460
litres.
(4) No person may make cider in the person’s
residence if the quantity of cider to be made would cause the amount of
homemade cider in the residence to exceed 460 litres.
AR 143/96 s88;251/2001
Importation from
other provinces
89 For the purposes of section
86(3) of the Act, an adult may import from another province liquor for the
adult’s personal use or consumption.
AR 143/96 s89;251/2001
Importation from
other countries
90(1) For the purposes of section 86(3) of the Act,
an adult may import from another country no more than 45.45 litres of liquor in
any 90‑day period.
(2) If
an adult imports liquor under subsection (1) that is in excess of the amount of
liquor that an adult may import into Alberta free of federal duties or taxes,
the adult is liable to pay to the Commission a mark‑up established by the
Commission on the excess liquor.
(3) If the mark‑up is not paid to the
Commission, the excess liquor and its containers are forfeited to the
Commission.
AR 143/96 s90;251/2001
91 Repealed AR 131/2002 s52.
Removal of liquor
from licensed premises
91.1(1) In this section,
(a) “liquor”
means liquor that has been sold or provided from licensed premises for
consumption in the licensed premises;
(b) “liquor
licensee” means a liquor licensee whose liquor licence authorizes the sale or
provision of liquor from licensed premises for consumption in the licensed
premises.
(2) No liquor licensee or employee or agent of a
liquor licensee may allow a person to remove liquor from the licensed premises
except a partially consumed bottle of wine sold or provided to that person by
the licensee.
AR 253/97 s10;308/2003
Hours of liquor sale
and consumption
92(1) Subject to any conditions affecting a licence,
a Class A, B C, D, duty free store or
special event liquor licensee may provide or sell liquor in licensed premises
only
(a) during
the hours specified under Schedule 3, or
(b) if
the board specifies hours under subsection (3), during those hours.
(2) No
person may consume liquor in licensed premises under a Class A, B, C or special
event liquor licence unless the consumption occurs
(a) during
the period that liquor may be sold and one hour after that period, or
(b) if
the board specifies a period under subsection (3), during that period.
(3) The board may reduce or increase the
hours that liquor may be sold, provided or consumed in licensed premises.
Persons authorized to
be in licensed premises
93(1) Section 71(1) and (2) of the Act do not apply
to
(a) licensed
premises under a Class B or C liquor licence, or
(b) licensed
premises under any other liquor licence if the liquor licence does not prohibit
minors from entering into or being in the licensed premises.
(2) For the purposes of section 68(1) and (2) of
the Act, the liquor licensee and the spouse, adult interdependent partner,
employees of a liquor licensee and workers maintaining or making repairs to the
licensed premises may be in the licensed premises when the sale and consumption
of liquor in those premises are prohibited.
AR 143/6
s93;251/2001;122/2003
Minors in licensed
premises
94(1) No person may employ a minor for the sale or
serving of liquor in licensed premises.
(2) The following exceptions apply when
a liquor licence prohibits minors from entering into or being in the licensed
premises:
(a) a
minor who is the son, daughter, spouse or adult interdependent partner of the
liquor licensee or of the manager of licensed premises may enter and remain in
the licensed premises during the hours and on the days when the sale or
consumption of liquor in those premises is prohibited;
(b) a
minor may enter and remain in licensed premises for the purpose of entertaining
patrons subject to the approval of the board and any conditions the board may
establish;
(c) a
minor who is engaged by a liquor licensee to repair or service equipment or to
repair furnishings in licensed premises may, with the authority and under the
supervision of the licensee, enter, be in and remain in the licensed premises
for the time required to complete the repairs or services;
(d) a minor may enter, be in or remain in
licensed premises under a Class D liquor licence or duty free store licence if
the minor is accompanied by an adult who is the parent, guardian, spouse or
adult interdependent partner of the minor and who is in the licensed premises
for the purpose of purchasing liquor.
AR 143/96
s94;131/2002;122/2003;108/2004
Games, entertainment
and dancing
95(1) Subject to this section, entertainment, games
and dancing are permitted in licensed premises.
(2) A liquor licensee must comply with
any conditions or orders established by the board respecting entertainment,
games or dancing in the licensed premises.
Medicine
96(1) In this section, “pharmacist” means a
pharmacist as defined in the Pharmaceutical Profession Act.
(2) A
pharmacist, dentist, physician or veterinarian may store and use liquor in
compounding medicines or as a solvent, preservative or disinfectant.
Private office
97(1) An adult may store and consume liquor in the
adult’s private office.
(2) An
adult may provide liquor from the adult’s private office to the adult’s guests
and the guests may consume the liquor in the private office.
(3) Where an adult’s private office is located in
licensed premises, subsection (2) applies only between the hours of 10 a.m. and
2 a.m.
AR 143/96 s97;131/2002
Religious ceremonies
and sacraments
98 A priest, minister, member of
a clergy or other religious leader who is authorized to provide liquor in the
performance of religious ceremonies or sacraments under section 88 of the Act
may store the liquor in the premises in which the religious ceremonies or
sacraments will be held.
AR 143/96
s98;251/2001;131/2002
Warehouse
99(1) The board may authorize the storage of liquor
in a warehouse subject to any conditions
established by the board.
(2) Liquor
stored in a warehouse described in subsection (1) may be distributed from that
warehouse in accordance with conditions established by the board.
Liquor sale
authorization
100 The board may authorize a person to sell,
subject to any conditions specified in the authorization, any liquor or
collection of liquor owned by that person or forming part of an estate or a
trust for which that person is responsible.
Part 4
Repeal, Commencement and Expiry
101 Repealed AR 131/2002 s56.
102 Repealed AR 131/2002 s57.
Expiry
103 For the purpose of ensuring
that this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be repassed in its present or an amended form following a
review, this Regulation expires on July 15, 2012.
AR 143/96
s103;32/2001;131/2002
