Alcohol And The Law Flashcards

1
Q

What is “Take Home The Rest” refer to?

A

Licensed establishments may allow guests to remove an unfinished bottle (that had been brought onto the premises under BYOW program or ordered with a meal)

  • Licensed establishment must reseal the wine and ensure the cork is flushed
  • Guests not permitted to take home unopened bottles unless they brought under BYOW
  • Only applies to wine
  • can not offer to intoxicated people
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2
Q

Liquor Sales License

A

Required by any business wishing to sell or serve alcohol to the public on their premises (issued by AGCO)

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3
Q

Minimum age for service and serving alcohol

A

Service: 19

Sell/serve: 18

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4
Q

What are the rules of serving alcohol under a licensed establishment?

A
  • Alcohol must be purchased under its liquor license and government stores
  • All alcohol sold/consumed in licensed areas
  • Must offer light meals and alcohol free beverages
  • Cannot sub. one alcohol for another without guests consent
  • Shots must be flat-bottomed container
  • Must have signs warning of FASD
  • Can’t water down drink without guests consent
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5
Q

Drinking in the washroom

A

Policy allowing customers to have alcoholic beverages in washrooms, hallways, and stairwells or licensed establishments.

To qualify for policy: licensed area must be fully approved by the AGCO

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6
Q

Sandy’s Law

A

Made it an offence to sell or supply liquor unless a sign is displayed warning women that drinking alcohol can cause FASD

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7
Q

Hours of Operation to serve alcohol at licensed establishments and under Special Occassion Permits

A

Monday-Sunday: 11am-2am
NYE: 11am-3am

SOP
Are the exact same

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8
Q

Stop service times and alcohol law

A

Alcohol must be served before the stop-service time.
If a drink is ordered at 1:55 am, you cannot serve them the drink if it is past 2am

All alcohol and it’s containers must be cleared away 45 minutes within the stop-service time

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9
Q

What is the role of the AGCO?

A
  • Responsible for regulating the sale and service of alcohol to the public within establishments
  • review liquor sale license applications
  • issue/transfer/Renew liquor sales licenses
  • issue endorsements
  • inspecting licensed companies for compliance of rules
  • adding terms and conditions to liquor sale licenses
  • can take administrative action if establishment does not follow LLA or regulations
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10
Q

Special Occasion Permits

A

SOPs are required when an individual or organizer plans to serve alcohol at an event in any location other than a residence, a private place, or a licensed establishment.
-applies whether or not the alcohol is served is provided at no cost

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11
Q

When is a SOP not required?

A

Not required if alcohol service is under a Liquor Sales License, a Caterers endorsement, or is being held in a private place (like a boardroom)

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12
Q

How does one qualify as a private place?

A

Must be…

  • indoors
  • not available for rental by the public
  • public not ordinarily permitted entry
  • no sale of alcohol
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13
Q

AGCO and license endorsements

A
  • allows establishment to sell and serve alcohol under specific circumstances
  • many different types of endorsements (brew pub, mini bar, wine pub, caterer, room service, golf course, BYOW)
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14
Q

Rules and regulations for brew pubs, wine pubs, and caterer

A

BP: allow sale and service of beer manufactured in the premises for consumption on the same premises
WP: Same as above but wine
Caterer: allows licensee to sell and serve alcohol off the licensed premises. Event must be sponsored by someone other than licensed holder and light meals are necessary

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15
Q

Rules and regulations for mini bars and room service?

A

MB: allow licensee to sell and serve alcohol from a mini bar in a room that is rented for overnight accommodation

RS: allows licensee to sell and serve alcohol to registered guests in a hotel room that is rented for overnight accommodation

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16
Q

Rules and regulations for golf courses and BYOW

A

GC: allow licensee to sell and serve alcohol for consumption on the playing area of a golf course

BYOW: allows licensee to serve commercially-made wine brought by a guest in the same manner as wine selected from the menu

17
Q

Civil Liability

A

Potential responsibility for payment of damages. (Different from criminal charges from police)

  • determined by our courts (judgement, usually after a trial of evidence under common law)
  • common law: system of law that is based on judges decisions in similar cases in the past
18
Q

Maximum fines for not meeting regulations of the LLA for individuals and corporations are…

A

Individual/non-corporation: 100,000 or imprisonment for up to one year or both

Corporation: $250,000

19
Q

Maximum fines for selling/supplying alcohol to a minor or an apparent minor

A

Individual: $200,000 or imprisonment for a term of not more than one year (or both)

Corporation: up to $500,000

20
Q

2 responsibilities of server

A
  1. Can’t serve a minor
  2. Can’t serve a person to the point of intoxication

Right to refuse service if someone is drinking too much or are already inebriated

21
Q

3 ways civil liability can arise

A
  1. Under the provisions of the LLA
  2. By a courts finding of Negligence or lack of Duty of Care
  3. Under the Occupiers Liability Act
22
Q

What is Duty of Care?

A

Owed by the server to ensure the alcohol is not served to an intoxicated guest, or that a guest is not served to the point of intoxication

Once a guest is intoxicated the server and/or the licensee further their DoC to protect the guest and others from the dangers of the guests intoxication

Responsible until made sober again

23
Q

What should a server not do to prevent being charged with negligence

A
  • encourage drunkenness or supply the alcohol which causes intoxication
  • inadequately monitor, supervise, or control how much a guest drinks
  • fail to notice the signs of intoxication
  • continue service of alcohol to an intoxicated guest
  • fail to take the steps to stop an intoxicated guest from driving
24
Q

What is Occupiers Liability

Who is the occupier liable for?

What enforces this?

A
  • Branch of law that deals with injuries caused by the condition of the premises or the activities that have taken place on the premises
  • responsible for condition of the premises, conduct of staff/guests on the premises, and activities carried out on the premises
  • Enforced by OLA (occupiers Liability Act)
25
Q

What happens if an Occupier does not meet their responsibilities?

A

A civil Liability

26
Q

What rights do you have to protect yourself and workplace under the LLA

A

Right to deny entry

Right to eject guests

27
Q

Right to deny entry

A

Several reasons.

Person intoxicated, underaged, disruptive behaviour, or the premises are too crowded.

28
Q

Right to deny entry cannot apply to…

A

ACGO inspectors
Law enforcement officers
Firefighters
Government inspectors

29
Q

Right to eject guest

LLA requires a person must be ejected when…

A

Is not permitted by law
- (underage, a barred guest, a guest asked to leave but returns, a person who under a condition of the license, is not permitted to be in)

Is on premise for unlawful reason or breaking the law
- (guest that is rowdy/intent on starting a fight, selling illegal products, gambling, prostitution, etc

30
Q

Use of force and the LLA

A

Person can be removed with “no more force than is necessary” meaning force must be used to eject and individual not cause harm.

All force must stop when the guest has been ejected