86. The board may cancel or suspend a permit, if
(1) the permit has been obtained following false representations;
(2) the permit holder or, if the permit holder is a partnership or a legal person referred to in section 38, any person mentioned in section 38 ceases to fulfil the conditions set out in section 36, subparagraphs 1 to 3 of the first paragraph of section 39 or subparagraphs 1.1 to 2 of the first paragraph of section 41;
(3) (subparagraph replaced);
(4) (subparagraph replaced);
(5) (subparagraph replaced);
(6) in the case of a club permit the holder no longer fulfils one of the conditions provided in section 43 or one of the conditions respecting the issue of the permit and prescribed by regulation;
(7) the establishment no longer fulfils the conditions established by regulation to be considered as a grocery, in the case of a grocery permit;
(8) the permit holder contravenes any provision of sections 70 to 72, 73, section 74.1, 75, the second paragraph of section 76 or section 78, 82 or 84.1, or refuses or neglects to comply with the requirements of the board contemplated in section 110;
(9) the permit holder or, where the holder is a partnership or legal person contemplated in section 38, a person mentioned in that section has been convicted of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages (chapter I-8.1), an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment or a regulation made under such an Act, section 44 of the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, ambulance services and the disposal of human bodies (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1) or section 33 of the Juvenile Delinquents Act (Revised Statutes of Canada, 1970, c. J-3);
(10) the permit holder does not comply with an order given under section 87.
The board must revoke or suspend a permit if
(1) in the case of a public house or “pub” permit, tavern permit or bar permit, the permit holder has been convicted of an offence for having employed a minor or for having allowed a minor to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold;
(2) the use of the permit adversely affects public security;
(3) the permit holder or, if the permit holder is a partnership or a legal person referred to in section 38, any person mentioned in section 38 was convicted of an indictable offence referred to in the second paragraph of section 41;
(4) the permit holder contravened section 72.1;
(5) the permit holder is not in compliance with a voluntary undertaking made under section 89.
In determining the administrative sanction for a contravention of section 72.1, the board shall consider in particular the following aggravating factors :
(a) the quantity of alcoholic beverages or the number of video lottery machines involved ;
(b) the fact that the alcoholic beverages involved are of bad quality or unfit for consumption ;
(c) the fact that the alcoholic beverages involved were made fraudulently or are adulterated ;
(d) the fact that the permit holder involved contravened section 72.1 in the five preceding years ;
(e) the fact that the alcoholic beverages are not marketed by the Société des alcools du Québec and are not made, bottled or delivered in accordance with a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13).