P-9.1 - Act respecting liquor permits

Section 39 Disposition versions

2022-09-01

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, proof of the establishment’s registration under the Tourist Accommodation Act (chapter H-1.01) and a certificate issued by the clerk or the secretary-treasurer of the municipality in whose territory the establishment is situated attesting that the establishment complies with the municipal planning by-laws;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27; 2017, c. 13, s. 188; 2020, c. 10, s. 63; 2018, c. 20, s. 4; 2021, c. 31, s. 132; 2021, c. 30, s. 43.

2021-11-05

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2) and a certificate issued by the clerk or the clerk-treasurer of the municipality in whose territory the establishment is situated attesting that the establishment complies with the municipal planning by-laws;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27; 2017, c. 13, s. 188; 2020, c. 10, s. 63; 2018, c. 20, s. 4; 2021, c. 31, s. 132.

2021-08-05

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2) and a certificate issued by the clerk or the secretary-treasurer of the municipality in whose territory the establishment is situated attesting that the establishment complies with the municipal planning by-laws;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27; 2017, c. 13, s. 188; 2020, c. 10, s. 63; 2018, c. 20, s. 4.

2020-11-01

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession, respectively, from Ville de Montréal or the Société de développement et de mise en valeur du Parc olympique;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2) and a certificate issued by the clerk or the secretary-treasurer of the municipality in whose territory the establishment is situated attesting that the establishment complies with the municipal planning by-laws;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27; 2017, c. 13, s. 188; 2020, c. 10, s. 63.

2017-06-16

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montréal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2) and a certificate issued by the clerk or the secretary-treasurer of the municipality in whose territory the establishment is situated attesting that the establishment complies with the municipal planning by-laws;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27; 2017, c. 13, s. 188.

2001-12-01

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montréal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2) and, where required by the municipality in which the establishment is situated, a certificate of occupancy of the establishment issued by the municipality;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23; 2000, c. 10, s. 27.

1997-06-19

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montréal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a permit issued under the Act respecting tourist establishments (chapter E-15.1) and, where required by the municipality in which the establishment is situated, a certificate of occupancy of the establishment issued by the municipality;

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635; 1997, c. 51, s. 23.

1994-01-01

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montréal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a permit issued under the Act respecting tourist establishments (chapter E-15.1);

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of an agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95; 1992, c. 57, s. 635.

1993-07-14

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montréal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a permit issued under the Act respecting tourist establishments (chapter E-15.1);

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

If the applicant already holds a permit for the same establishment, the board shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the execution of a clause of giving in payment or a similar agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5; 1993, c. 39, s. 95.

1992-01-15

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montreal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this Act and the regulations;

(3)  hold, where such is the case, a permit issued under the Act respecting tourist establishments (chapter E-15.1);

(4)  (subparagraph repealed);

(5)  pay the duties determined in accordance with the regulations.

In force: 1992-08-27

If the applicant already holds a permit for the same establishment, the Régie shall, upon issuing the permit, reduce the amount of the duties referred to in subparagraph 5 of the first paragraph in proportion to the fraction of the year elapsed since the anniversary date of the permit already held by the applicant.

In force: 1992-08-27

If the application for a permit is made by reason of the alienation or leasing of the establishment, or retaking of possession of the establishment following the execution of a clause of giving in payment or a similar agreement, the applicant need not pay the amount of duties referred to in subparagraph 5 of the first paragraph before the anniversary date of the issue of the permit previously held. However, if, in relation to the permit previously held, the permit issued involves additional cost, the applicant shall pay, upon such issue, that part of the additional cost which corresponds to the fraction of the year remaining until the anniversary date of the issue of the permit previously held.

1979, c. 71, s. 39; 1987, c. 12, s. 51; 1991, c. 51, s. 5.

1991-06-27

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montreal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this act and the regulations;

(3)  hold, where such is the case, a permit issued under the Act respecting tourist establishments (chapter E-15.1);

(4)  post, in the manner and at the time indicated by the Régie and at the place where the permit will be used, a notice of the application, and

(5)  pay the duties prescribed by regulation.

1979, c. 71, s. 39; 1987, c. 12, s. 51.

1980-10-15

39. To obtain a permit, a person must

(1)  be the owner or the lessee of the establishment or be specially authorized by the owner or the lessee of the establishment to use the permit or, in the case of a “Man and his World” permit or an “Olympic Grounds” permit, have obtained a concession from, respectively, the City of Montreal or the Régie des installations olympiques;

(2)  have arranged the establishment in accordance with the standards prescribed by this act and the regulations;

(3)  hold, where such is the case, a permit issued under the Hotels Act (chapter H-3);

(4)  post, in the manner and at the time indicated by the Régie and at the place where the permit will be used, a notice of the application, and

(5)  pay the duties prescribed by regulation.

1979, c. 71, s. 39.