Specialty Wine Stores Regulation

Specialty Wine Stores Regulation, M.R. 85/2014 The Manitoba Liquor and Lotteries Corporation Act , C.C.S.M. c. L155 Regulation 85/2014 Registered March 14, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Repealed 3 Number of wine stores 4 Eligibility to hold a specialty wine store licence 4.1 Application 5 Location of wine stores 6 Terms of sale 7 Grape-based specialty liqueurs and spirits 8 Coming into force Definitions 1 The following definitions apply in this regulation. "operator" means person who operates a wine store under the authority of a specialty wine store licence issued under The Liquor, Gaming and Cannabis Control Act . (« exploitant ») "operator's agreement" means the agreement between the operator and the corporation under subsection 35(1) of The Manitoba Liquor and Lotteries Corporation Act . (« accord d'exploitation ») "operator's retail premises" means the retail premises specified in the operator's agreement. (« point de vente au détail de l'exploitant ») "wine store" means the premises that are the subject of a specialty wine store licence issued under The Liquor, Gaming and Cannabis Control Act . (« magasin de vins ») M.R. 105/2023 ; 128/2023 2 [Repealed] M.R. 128/2023 Number of wine stores 3 The maximum number of wine stores is nine, with no more than eight wine stores in the City of Winnipeg and one in the City of Brandon. M.R. 105/2023 Eligibility to hold a specialty wine store licence 4(1) A wine store may not be established or operated by a corporation or partnership of corporations if (a) a person or other entity referred to in subsection (2) has a financial interest in (i) the corporation, (ii) the premises used as a wine store by the corporation, or (iii) any chattels used by the corporation in connection with the wine store; or (b) the corporation or any director, officer or shareholder, employee or agent of the corporation or any spouse, common-law partner or resident relative of any director, officer or shareholder, employee or agent of the corporation has a financial interest in (i) another corporation that operates a wine store, (ii) the premises used as the wine store described in clause (i), (iii) any chattels used in connection with the wine store referred to in clause (i). Financial interests that are prohibited 4(2) The following are prohibited from having a financial interest in a wine store: (a) a brewer, distiller or wine maker; (b) [repealed] M.R. 128/2023 ; (c) a person — including a spouse, common-law partner or resident relative of a person — who is a director, officer, shareholder, employee or agent of a brewer, distiller or wine maker; (d) a person who acts under the control or orders of a brewer, distiller or wine maker; (e) a person or other entity whose business is under the effective control of a brewer, distiller or wine maker; (f) a person or other entity in which a brewer, distiller or wine maker has a financial interest. Interpretation: "resident relative" 4(3) In this section, a person is a resident relative of a person if he or she is the child, grandchild, brother, sister, parent or grandparent of the person, or of the spouse or common-law partner of the person, who resides with the person. Interpretation: "financial interest" 4(4) For the purpose of this section, a person has a financial interest in another person or entity if the first person (a) has a direct, indirect or contingent interest in (i) the ownership of the other person or entity, (ii) the management of the other person or entity or the business of the other person or entity; (b) has a beneficial interest in the other person's or entity's business; or (c) has loaned or advanced or caused to be loaned or advanced money or any thing of value, with or without security, to the other person or entity. M.R. 128/2023 Application 4.1 Section 4 does not apply in respect of the tenancy relationship between The Forks Renewal Corporation and Fenton's Wine Merchants Limited. M.R. 42/2016 Location — retailing wine 5(1) Except as otherwise authorized under the operator's specialty wine store licence and The Liquor, Gaming and Cannabis Control Act , the operator of a wine store must not sell wine from any premises except the operator's retail premises. Location — warehousing wine 5(2) An operator must not store wine at any location other than (a) the operator's retail premises; and (b) commercial warehouse space that is reasonably secure from entry by unauthorized persons, if the operator has notified the corporation in advance that the operator will use the warehouse space to store wine. M.R. 128/2023 6(1) to (3) [Repealed] M.R. 128/2023 M.R. 128/2023 Terms of sale 6(4) Subject to The Liquor, Gaming and Cannabis Control Act , an operator may establish the terms on which it sells wine. Interpretation 6(5) For certainty, an operator's sale of wine to the holder of a liquor service licence, as provided for under The Liquor, Gaming and Cannabis Control Act , is considered to be a retail sale. M.R. 128/2023 Sale of grape-based specialty liqueurs and spirits 7(1) An operator listed in the Schedule is also authorized to sell the grape-based specialty liqueurs and grape-based specialty spirits in accordance with the terms and conditions of the operator's agreement. Application of regulation 7(2) The provisions of this regulation dealing with the possession and sale of wine apply, with necessary changes, to the possession and sale of grape-based specialty liqueurs and grape-based specialty spirits. Meaning of grape-based specialty liqueurs and spirits 7(3) The following definitions apply in this section: "grape-based specialty liqueur" means a beverage, containing at least 2.5% sugar by weight, that is made by mixing or redistilling grape-based specialty spirits with (a) fruits, flowers, plants or other natural flavouring materials; or (b) pure juices or other extracts derived from an item referred to in subclause (i). (« liqueur de spécialité faite à base de raisins ») "grape-based specialty spirits" means a beverage containing alcohol derived from a distillate or a mixture of distillates, of which not less than 80% is derived from grapes. (« spiritueux de spécialité faits à base de raisins ») M.R. 128/2023 Coming into force 8 This regulation comes into force on the same day that Schedule A of The Manitoba Liquor and Lotteries Corporation Act and Liquor and Gaming Control Act , S.M. 2013, c. 51 comes into force. SCHEDULE (Section 7) STORES AUTHORIZED TO SELL GRAPE-BASED SPECIALTY LIQUEURS AND SPIRITS Fenton's Wine Merchants Limited