General Regulation

General Regulation, M.R. 117/2023 The Liquor, Gaming and Cannabis Control Act , C.C.S.M. c. L153 Regulation 117/2023 Registered August 25, 2023 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions LIQUOR SERVICE LICENCES 2 Categories of liquor service licences 3 Establishments requiring age-restricted liquor service licence 4 General liquor service licences 5 Application for general liquor service licence MINORS 6 No minors in age-restricted licensed premises 7 Authorization to admit minors to age-restricted licensed premises 8 Minors working in licensed premises ADDITIONAL SERVICES 9 Additional services in hotels 10 Catering authorization HOURS OF SERVICE 11 Liquor service hours in licensed premises 12 Hours for liquor stores and specialty wine stores 13 Hours for retail beer vendors CANNABIS 14 Hours for retail cannabis stores 15 Exemption for certain cannabis products ADVERTISING 16 Advertising requirements TRANSITIONAL, REPEAL AND COMING INTO FORCE 17 Transitional rules re liquor service licences 18 Repeal 19 Coming into force Schedule DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Liquor, Gaming and Cannabis Control Act . («  Loi  ») "adult entertainment" means any form of dancing or any exhibition, display or event involving a person who is nude or partially nude for any period of time. (« activité de divertissement pour adultes ») "age-restricted licensed premises" means (a) premises that are the subject of an age-restricted liquor service licence; or (b) premises or portions of premises which minors are prohibited from entering as the result of a term or condition imposed on the applicable general liquor service licence. (« locaux visés par une licence pour clientèle adulte ») "cultural events centre" means a facility (a) designed for the primary purpose of presenting artistic displays, concerts, dance performances or plays or other types of theatric performances; and (b) that has fixed seating or in which the area where liquor is sold is physically separated from the area where artistic displays or performances take place. (« centre d'événements culturels ») "entertainment venue" means an establishment (a) that is normally open after 11:00 p.m.; (b) in which live entertainment is offered every day the establishment is open; and (c) where revenue from liquor sales significantly exceeds revenue from food sales; but does not include a cultural events centre. (« établissement de divertissement ») "hotel" means commercial premises with individual guest rooms that provide accommodation to the public, and includes a motel, inn, lodge and resort. (« hôtel ») "industrial hemp" means industrial hemp as defined in the Industrial Hemp Regulations , SOR/2018-145 made under the Cannabis Act (Canada). (« chanvre industriel ») "nightclub" means an establishment (a) that is normally open after 11:00 p.m.; (b) in which (i) live entertainment is regularly offered, (ii) patrons are permitted to dance to live or pre-recorded music, or (iii) the provision of pre-recorded music is the primary entertainment focus; and (c) where revenue from liquor sales significantly exceeds revenue from food sales; but does not include a cultural events centre. (« boîte de nuit ») "personal services provider" means a business that offers hairstyling or nail or skin care services provided by a person who is authorized to provide those services under The Apprenticeship and Certification Act , regardless of whether other services are also provided by that business. (« fournisseur de services de soins personnels ») "stand-alone bar" means an establishment (a) that serves one or more types of liquor; (b) that does not have its own kitchen facilities; and (c) for which all of the following statements are applicable: (i) the establishment does not offer any type of live entertainment for patrons, including live sporting events, (ii) the establishment is not located at any sports or recreational facility, such as a golf course, a curling club, a hunting or fishing lodge or a zoo, (iii) the establishment is not operated by a personal services provider, (iv) the establishment is not located in the common area of a mall or other multi-use retail premises. (« bar autonome ») "veterans organization" means an organization whose members are (a) current or former members of the Canadian Armed Forces or an allied military force; or (b) persons who are associated with a person described in clause (a) and who are permitted under the by-laws of the organization to be members of the organization. (« association d'anciens combattants ») LIQUOR SERVICE LICENCES Categories of liquor service licences 2 The following categories of liquor service licences are established: (a) age-restricted liquor service licence; (b) general liquor service licence. Establishments requiring age-restricted liquor service licence 3 Subject to section 5, an age-restricted liquor service licence is required to (a) sell liquor for consumption in a casino or gaming centre; or (b) operate a stand-alone bar, nightclub or entertainment venue. General liquor service licences 4(1) A general liquor service licence is required to operate any type of licensed premises not set out in section 3. 4(2) Minors are permitted in premises that are the subject of a general liquor service licence unless a term or condition imposed on the licence prohibits minors from entering the premises or entering a specified portion of the premises. Application for general liquor service licence 5(1) On application, the executive director may issue a general liquor service licence to the operator of premises set out in section 3 that enables minors to enter those premises. 5(2) An application for a general liquor service licence set out in subsection (1) must (a) provide details of the nature of the design and layout of the premises; (b) provide a description of the nature of the activities that will take place in the premises; and (c) specify the measures the applicant will implement to ensure that it is appropriate for minors to be in the licensed premises. 5(3) The executive director may impose such terms and conditions on a general liquor service licence issued under subsection (1) as they consider appropriate, including restricting the times and areas in which minors may be in the licensed premises. MINORS No minors in age-restricted licensed premises 6 Except as permitted under sections 7 and 8, the licensee of age-restricted licensed premises must ensure that minors do not enter the licensed premises. Authorization to admit minors to age-restricted licensed premises 7(1) The executive director may issue an authorization to the licensee of age-restricted licensed premises that allows the licensee to admit minors into the licensed premises (a) on a specific date so that a community event specified in the authorization that is open to minors may be held in the licensed premises; or (b) during the days and times specified in the authorization. 7(2) An authorization may only be issued if the executive director is satisfied that the licensee will take specified measures to ensure that it is appropriate for minors to be in the age-restricted licensed premises. 7(3) The executive director may impose such terms and conditions on an authorization as they consider appropriate. Minors working in licensed premises 8(1) Subject to subsection (2), a minor employed by a licensee may work in licensed premises, including age-restricted licensed premises. 8(2) A minor employed by a licensee must not (a) be involved in the sale or service of liquor; (b) engage in the verification of proof of age of any person; or (c) provide security in the licensed premises. 8(3) A minor employed by a licensee must not be present in licensed premises at any time when adult entertainment takes place in the licensed premises. ADDITIONAL SERVICES Additional services in hotels 9 If a liquor service licence has been issued for premises in a hotel, the executive director may, subject to such terms and conditions as they consider appropriate, issue an authorization to the licensee that authorizes the licensee to (a) sell liquor during the hours when liquor may be sold in the licensed premises, (i) to a registered guest for consumption in their guest room, and (ii) to registered guests and authorized visitors to the hotel for consumption in designated areas of the hotel; and (b) sell liquor from self-serve units in guest rooms in the hotel. Catering authorization 10(1) The executive director may, subject to such terms and conditions as they consider appropriate, issue an authorization to a licensee that authorizes the sale of liquor for consumption with meals prepared by the licensee for an event at a private residence, business premises or other location authorized by the authority. 10(2) The sale and service of liquor by a licensee at a catered event is subject to the same requirements that apply when liquor is sold and served in the licensed premises. 10(3) All liquor served at a catered event must be served by employees of the licensee. 10(4) All persons attending a catered event must be invited by the organizer of the event and not by the licensee. HOURS OF SERVICE Liquor service hours in licensed premises 11(1) Subject to subsections (2) to (5), a licensee must not sell or serve liquor in the licensed premises (a) from 2:00 a.m. until 9:00 a.m.; and (b) on Remembrance Day (i) from 2:00 a.m. until 12:00 p.m., if the licensee is a veterans organization, and (ii) from 2:00 a.m. until 1:00 p.m. for all other licensees. 11(2) The licensee of premises in a casino or gaming centre must not sell or serve liquor in the licensed premises during any times specified in a term or condition imposed on the licence. 11(3) Licensed premises that are open on New Year's Eve may remain open and the licensee may serve liquor to patrons until 3:00 a.m. on New Year's Day. 11(4) Liquor may be sold in licensed premises located on the base of a military unit of the Canadian Armed Forces during such hours as may be prescribed by the senior officer of the military unit in Manitoba. 11(5) The executive director may issue an authorization extending the hours during which liquor may be sold or served in licensed premises when an event of community, municipal, provincial or national significance is to take place. The executive director may impose any terms or conditions on the authorization that they consider appropriate. Hours for liquor stores and specialty wine stores 12(1) Liquor must not be sold in premises that are the subject of a liquor store licence or specialty wine store licence (a) from 12:00 a.m. until 8:00 a.m.; and (b) from 12:00 a.m. until 1:00 p.m. on Remembrance Day. 12(2) Subsection (1) does not apply to a duty free liquor store. Hours for retail beer vendors 13 Liquor must not be sold in premises that are the subject of a retail beer vendor licence (a) from 2:30 a.m. until 8:00 a.m.; and (b) from 2:30 a.m. until 1:00 p.m. on Remembrance Day. CANNABIS Hours for retail cannabis stores 14 Cannabis must not be sold in premises that are the subject of a retail cannabis licence (a) from 12:00 a.m. until 8:00 a.m.; and (b) from 12:00 a.m. until 1:00 p.m. on Remembrance Day. Exemption for certain cannabis products 15 Part 4.1 of the Act does not apply to (a) industrial hemp; and (b) a drug containing cannabis that is authorized for sale under the Food and Drugs Act (Canada). ADVERTISING Advertising requirements 16(1) An advertisement prepared by or on behalf of a regulated person must comply with the Canadian Code of Advertising Standards established by Advertising Standards Canada. 16(2) An advertisement prepared by or on behalf of the holder of a retail cannabis licence must comply with the applicable requirements of the Cannabis Act (Canada). 16(3) Unless exempted by the executive director, an advertisement prepared by or on behalf of a regulated person must contain a social responsibility message approved by the executive director. 16(4) In this section, "advertisement" means any thing prepared by or on behalf of a regulated person that is intended to promote liquor sales, cannabis sales, horse racing or participation in a lottery scheme that is (a) broadcast on television or radio; (b) published in a newspaper or magazine, on the Internet or on any other electronic medium; or (c) displayed on a billboard, sign, poster, banner or handbill. TRANSITIONAL, REPEAL AND COMING INTO FORCE Transitional rules re liquor service licences 17(1) A person who held a liquor service licence immediately before the coming into force of this regulation is deemed to hold the category of liquor service licence in accordance with the rules set out in section 1 of the Schedule. 17(2) An application for a liquor service licence that was made before the coming into force of this regulation is to be dealt with in accordance with section 3 of the Schedule. Repeal 18 The Liquor, Gaming and Cannabis Regulation , Manitoba Regulation 82/2014, is repealed. Coming into force 19 This regulation comes into force on the same day that The Liquor, Gaming and Cannabis Control Amendment Act , S.M. 2023, c. 6, comes into force. SCHEDULE (Section 17)