Annual Volumes

Copyright and Disclaimer Print  

GAMING, LIQUOR AND CANNABIS AMENDMENT ACT, 2020 (SA 2020 c9)

Bill 2

GAMING, LIQUOR AND CANNABIS
AMENDMENT ACT, 2020

Chapter 9

(Assented to June 17, 2020)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cG-1

1   The Gaming, Liquor and Cannabis Act is amended by this Act.

 

2   Section 54 is repealed.

 

3   Section 55 is amended by striking out “sections 56 to 59” and substituting “section 56”.

 

4   Sections 56 to 59 are repealed and the following is substituted:

Areas where there are no liquor licences

56(1)  Subject to subsections (6) to (8), if the board receives an application for a liquor licence for proposed licensed premises in a municipality, Metis settlement or Indian reserve in which there are no licensed premises, the board must refer the application to the municipality, Metis settlement or Indian band.

(2)  The municipality, Metis settlement or Indian band has 90 days after the application has been referred to it to advise the board whether it approves of the issuing of the liquor licence.

(3)  If the municipality, Metis settlement or Indian band advises the board within the 90 days that it approves of the issuing of the liquor licence, the board may issue the licence.

(4)  If the municipality, Metis settlement or Indian band

                                   (a)    does not advise the board of its decision within the 90 days, or

                                   (b)    advises the board within the 90 days that it does not approve of the issuing of the liquor licence,

the board may not issue a licence or accept an application for a licence that would authorize licensed premises in the municipality, Metis settlement or Indian reserve for 3 years from the date that the board referred the application under subsection (1) to the municipality, Metis settlement or Indian band.

(5)  Despite subsection (4), the board may issue a licence or accept an application for a licence that would authorize licensed premises in the municipality, Metis settlement or Indian reserve after the 90 days referred to in that subsection and within the 3 years referred to in that subsection if the municipality, Metis settlement or Indian band advises the board that it approves of the issuing of a liquor licence.

(6)  The board may not issue a licence or accept an application for a licence that would authorize licensed premises in the municipality, Metis settlement or Indian reserve for 3 years from the date that the board referred an application for a licence to

                                   (a)    the municipality under section 57 as it read immediately before the coming into force of this section if the municipality held the vote as required by that section and the majority of the electors voting opposed the liquor licence being issued, 

                                   (b)    the Metis settlement under section 58 as it read immediately before the coming into force of this section if the Metis settlement held the vote as required by that section and a majority of the settlement members voting opposed the liquor licence being issued, or

                                    (c)    the Indian band under section 59 as it read immediately before the coming into force of this section if the Indian band did not advise the board of its decision within 90 days of the referral, or if the band advised the board within the 90 days that it did not approve of the issuing of the liquor licence.

(7)  Subsections (1) to (6) apply to an application received after this section comes into force for a liquor licence for proposed licensed premises in a municipality, Metis settlement or Indian reserve in which there are no licensed premises.

(8)  Sections 55 to 60 as they read immediately before the coming into force of this section continue to apply, as appropriate, to an application received before this section comes into force for a liquor licence for proposed licensed premises in a municipality, Metis settlement or Indian reserve in which there are no licensed premises as if sections 55 and 60 had not been amended and sections 56 to 59 had not been repealed.

 

5   Section 60 is amended

                             (a)    by striking out “sections 57 to 59” and substituting “section 56”;

                             (b)    by striking out “those sections” and substituting “that section”.

 

6   Section 61(3) is amended by adding “or at any time during the term of the licence” after “When issuing a liquor licence”.

 

7   The following is added after section 85:

Raffle of liquor

85.1   Subject to the regulations, a person other than a minor may under a raffle licence issued under this Act raffle as a prize liquor that was lawfully made, purchased or imported and a person other than a minor may be awarded a prize of this liquor.

 

8   Section 89 is amended

                             (a)    in subsection (2) by striking out “with food” wherever it occurs;

                             (b)    in subsection (3) by striking out “or is not consuming food while consuming liquor in a designated picnic area”.

 

9   Section 129(1) is amended

                             (a)    in clause (l) by adding “, including who may set or determine those fees” after “registrations”;

                             (b)    in clause (v) by adding “and raffles” after “gifts”;

                             (c)    by adding the following after clause (w):

                               (w.1)    respecting the disentitlement of a person to the awarding of a prize or to the payment of winnings from that person’s participation in gaming occurring in a licensed facility or licensed premises where the person is prohibited by the regulations from entering into or remaining in the licensed facility or licensed premises;