Ontario: Revised Statutes 1960 c 218 Liquor Licence Act Ontario © Queen's Printer for Ontario, 1960 Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rso Bibliographic Citation Liquor Licence Act , SO 1966, c 218 Repository Citation Ontario (1960) "c 218 Liquor Licence Act," Ontario: Revised Statutes: Vol. 1960: Iss. 2, Article 93. Available at: http://digitalcommons.osgoode.yorku.ca/rso/vol1960/iss2/93 This Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario: Revised Statutes by an authorized administrator of Osgoode Digital Commons. Sec. 1 (,) LIQUOR LICENCE Chap. 218 1161 CHAPTER 218 The Liquor Licence Act Interpre­ 1. In this Act, tation (a) "beer" means beer as defined In The Liquor Control ~·~S· 1960, Act; (b) "Board" means the Liquor Licence Board of On­ tario; (e) "club" means a club, (i) that is organized in the manner prescribed by the regulations, (ii) that has the special accommodation, facilities and equipment that are prescribed by the regu­ lations. (iii) that has for its objects definite purposes of a social, recreational or patriotic nature, (iv) that has not fewer than fifty members, (v) in which the members whose names and addres· ses arc entered in a list of members and whose dues arc paid in the manller prescribed by the rules or by·laws of the club may vote for all purposes of the dub, (vi) that is not operated for pecuniary gain, and (vii) that'has been organized and in active operation for not less than onc year prior to the time of application for a liccncc; (d) "dining loungc" means the p..'trt of an establishmcnt that has thc special accommodation. facilities and equipmcnt that are prescribed by the regulations where, in consideration of payment, food and the special services that are prescribed by thc regulations are regularly furnished to the public and liquor is served with meals; (e) "dining room" mC<1.IlS the p.1.rt of an establishmcnt that has the special accommodation, facilities and equipment that arc prescribed by the regulalions 1162 Chap. 218 LIQUOR LICENCE Sec. I (,) and that is used exclusively for the serving of regu­ lar meals in consideration of payment therefor as well as the sale of cigars, cigarettes, tobacco and other articles i oddental to the sale of regular meals; (f) "establishment" means a club, hotel, inn, public house, tavern, military mcss, restaurant, railway car or steamship having premises that comply with the requirements of this Act and the regulations pre­ scribing the Qualifications of premises in respect of which licences may be issued; (g) "hotel" or "inn" means an establishment in regular operation that has the special accommodation, facil­ ities and equipment that arc prescribed by the regula­ tions where. in consideration of payment. food and lodging are regularly furnished to the public and having, (i) in municipalities with a population of over 100,000, not less than fifty bedrooms, Oi) in cities with a population of less than 100,000 and in towns, not less than twenty bedrooms, and (iii) in any other part of Ontario, not less than ten bedrooms, and in every case having a sufficient number of bed· rooms to serve the needs of the community where thc establishmcnt is located; (It) "justice" means a magistrate, and whcre no magis· tratc is available, means two or more justices of the peace; (i) "last revised list of the municipality" means the voters' Jist for thc municipality as finally rcvised; U) "Iicencc" means a licencc provided for and issued under this Act; (k) "liccnsed prcmises" mcans prcmises for which a licence is issllcd undcr this Act; (I) "Iiccnsing district" means a liccnsing district con­ stituted under this Act; R.S.O. 1960, L~·q!lor c.217 (m) "liquor" means liquor as dcfmed in The Con­ trol Act; (n) "lounge" means the part of an establishment that has thc special accommodation, facilities and equip­ ment that are prescribed by the regulations where, in consideration of payment, liquor is served; Soc. I (x) LIQUOR LICENCE Chap. 218 1163 (0) "military mess" includes a canteen and an institute in a building or camp used for the accommodation of the active or reserve units of the naval, military or air forces of Canada; (p) "Minister" means the member of the Executive Council to whom for the time being is assigned the administration of lhisAct; (q) "Ontario wine" means Ontario wine as defined m R.8.0. 1960, The Liquor Control Act; c.217 (r) "public house" means an establishment or part of an establishment that has the special accommodation, facilities and equipment that arc prescribed by the regulations where, ill consideration of payment, beer is served; (5) "railway car" means a railway dining car, railway buffet car, railway club caf or a drawing-room, bed­ room orcompartment in a railway sleeping car; (I) "regulations" means the regulations made under this Act; (It) "restaurant" means .m establishment that is exclu­ sively engaged in the serving of regular meals to the public, in consideration of payment, as well as the sale of cigars, cigarettes, tobacco and other articles incidental to the sale of regular meals; (v) "steamship" means a vessel propelled through watcr by any power other than muscular power that carries passengers and plies regularly between any port in Ontario and any port in or outside Ontario; (w) "tavern" means an cstablishmcnt having separate parts thereof that have the special accommodation, facilities and equipmcnt that arc prescribed by the regulations for at least two of the following classes of licences: (i) dining lounge liccncc, (ii) diningroorn licence, (iii) lounge licence, (iv) public house liccnce; (x) "wine" means wine as dcfmed in The Liguor COl/trot Act. R.S.O. 1950, c. 211, s. I; 1960, c. 60, s. t, revised. 1164 Chap. 218 LIQUOR LICENCE Sec. 2 THE BOARD The Liquor LIcence 2. The Liquor Licence Boord of Ontario is continued and Board or Ontarlo shall consist of three members appointed by the Lieutenant Governor in Council. R.S.O. 1950, c. 211, s. 2. ChaIrman end vl<::(l_ 3. The Lieutenant Governor in Council may designate one chairman of the members of the Board as chairman and another of the members as vice-chairman. R.S.O. 1950, c. 211, s. 3. Quorum 4. Two members of the Board constitute a Quorum. R.S.O. 1950, c. 211. s. 4. Diaquall11.­ cation, 5. No member, registrar, deputy registrar, official, inspec­ membelll and ll.tal'l' tor or employee of the Board shall by himself, his partner or agent have any interest directly or indirectly in, (a) a person, company, corporation, partnership, syndi· cate or other organization engaged in the manufac· ture, sale or distribution of liquor; (b) any licensed premises; or (c) any contract of any nature in respect of any licensed. premises, or any premises upon which liquor is manu· facturcd, produced, sold or kept for sale. R.S.O. 1950,c. 211, s. 5. salarlce or Board 6. The members of the Board shall be paid such salaries as arc fixed by the Lieutenant Governor in Council. R.S.O. 1950, c. 211, s. 6. Stnrr 7. Thr: staff of the Board shall consist of a registrar, deputy registrars and such officials, inspectors and employees as the Board, with the approval of the Lieutenant Governor in Council, appoints. R.S.O. 1950, c. 211, s. 7. Salaries ohtatr 8. The registrar, deputy registrars, officers, inspectors and employees of the Board shall be paid such salaries or other remuneration as the Board, with the approval of the Lieu­ tenant Governor in Council, determines. R.S.O. 1950, c. 211, s. 8. SpoolllL ll.ervlceo:1 O. When the Board, by virtue of any power vested in it, appoints or directs any person, other than a member of the staff of the Board, to perform any service, such person shall be paid such sum for services and expcnse-s as the Board, with the approval of the Lieutenant Governor in Council, deter­ mines. R.S.O. 1950, c. 211, s. 9. Sec. 16 <aJ LIQUOR LlCBNCE Chap. 218 1165 10. The salaries or other remuneration of the members of :a'i::r.:.nt of the Board, the registrar, deputy registrars, officials, inspectors and employees and all other expenses of the Board shall be p..'lid monthly by the Liquor Control Board of Ontario. R.S.O. 1950, c. 211, s. to. 11. No member of the Board, registrar, deputy registrar, ~o~~:li~o{o official, inspector or employee of the Board is compellable to testlfy give testimony in a court of civil jurisdiction with regard to information obtained by him in the discharge of his official duty, or to produce any files, papers, information, reports, correspondence or other documents relating to the business of the Board. R.S.O. 1950, c. 211, s. 11. 12. The books and records of the Board are at all times t~:~~ or subject to examination and audit by the Provincial Auditor and such other person as the Lieutenant Governor in Council authorizes in that behalf. R.S.O. 1950, c. 211, s. 12. LICENSING DISTRICTS 13. The Lieutenant Governor in Council may designate ~ll:t'r~g~g areas in Ontario as licensing districts. R.S.O. 1950, c. 211, s. 13. PROCEEDINGS BEFORE AND INVESTIGATIONS BY THE BOARD 14. Proceedings before the Board shall be instituted by ~~~~~~g8 application and the Board may make such orders, give such directions and issue such certificates as it ucems proper or as are necessary or incidental to the exercise of its powers.