P-9.1, r. 3 - Regulation respecting duties and costs payable under the Act respecting liquor permits

Updated to 3 April 2014

This document has official status.

chapter P-9.1, r. 3

Regulation respecting duties and costs payable under the Act respecting liquor permits

Act respecting liquor permits

(chapter P-9.1, s. 114).

The duties and costs prescribed in the Regulation have been indexed as of 1 April 2014 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 22 February 2014, page 229. (ss. 1, 2, 3, 4, 5, 6, 7, 7.1)

0.1. The duties payable for the issue of a permit and the duties payable annually thereafter for a permit, excluding a reunion permit, consist of the fixed amount provided for in section 1, or in section 2 for a permit for an air carrier, and of the variable amount provided for in the first paragraph of section 1.1 or of the amount provided for in the second paragraph of that section.

Notwithstanding the foregoing, the variable amount does not apply to a grocery permit or to a cider seller’s permit.

O.C. 1116-92, s. 1.

1. The fixed amounts payable for a permit are the following:

(1)  public house or “pub”: $573;

(2)  tavern: $573;

(3)  restaurant (sales): $589;

(4)  restaurant (service): $589;

(5)  bar: $589;

(6)  club: $315;

(7)  grocery: $158;

(8)  cider seller’s: $158;

(9)  Olympic Grounds: $315;

(10)  Man and his World: $315.

Until the coming into force of a regulation fixing the duties payable for a raw material and equipment wholesaler’s permit or for a raw material and equipment retailer’s permit, the duties prescribed for a grocery permit apply to such permits. (1996, chapter 34, s. 57)

O.C. 826-90, s. 1; O.C. 1116-92, s. 2.

1.1. The variable amount payable for a permit is $0.75 multiplied by the number of persons who may be admitted at one time, as determined by the Régie des alcools, des courses et des jeux, up to a maximum amount of $800.

Notwithstanding the foregoing, the amount payable for a club permit and for a permit for a public carrier, including an air carrier, is $50. The same applies for a permit issued for a common area or for sales or service in a room of a hotel establishment or by vending machine in such an establishment, and for any other permit where the board does not establish the capacity.

O.C. 1116-92, s. 3; O.C. 269-96, s. 1.

2. Notwithstanding section 47 of the Act respecting liquor permits (chapter P-9.1), a single bar permit is issued for the entire air fleet of an air carrier. The amount fixed for a permit for an air carrier is $739 for a fleet composed of 1 aircraft, $1,483 for 2 to 5 aircraft, $4,444 for 6 to 20 aircraft, $7,409 for 21 to 50 aircraft and $14,815 for more than 50 aircraft.

O.C. 826-90, s. 2; O.C. 1116-92, s. 4.

3. The duties payable for the issue of a reunion permit authorizing the serving of alcoholic beverages are $42.50; per day of use, up to a maximum of 6 times the amount prescribed for a day of use, for each room or terrace where the permit will be used.

Subject to the third and fourth paragraphs, for a reunion permit authorizing the sale of alcoholic beverages, the duties are $84; per day of use, up to a maximum of 5 times the amount prescribed for a day of use, for each room or terrace where the permit will be used.

Despite the foregoing, no duties are payable for the reunion permit to sell issued to a participant in a tasting show or an exhibition if that event is organized by a non-profit legal person pursuant to the second paragraph of section 23.2 of the Regulation respecting liquor permits (chapter P-9.1, r. 5).

If the event promotes or markets alcoholic beverages, the duties payable for the issue of a reunion permit to sell issued to the agent or representative of a person pursuant to subparagraph 3 of the first paragraph of section 23.1 of that Regulation are the following:

(1)  $200 per day of use, if there are 7 or fewer persons represented;

(2)  $400 per day of use, if there are 8 or more persons represented.

The duties payable under the fourth paragraph cannot exceed 5 times the amount established for a day of use.

O.C. 826-90, s. 3; O.C. 269-96, s. 2; O.C. 241-2014, s. 1.

4. The duties payable for the issue of an authorization for the presentation of shows and the duties payable annually therefor, for the projection of films or for dancing is $413 for each authorization.

O.C. 826-90, s. 4; O.C. 1116-92, s. 5.

5. The duties payable to obtain or renew temporary authorization to use a permit or temporary or permanent authorization to change the place where the permit is to be used are $132.

O.C. 826-90, s. 5; O.C. 1116-92, s. 6; O.C. 269-96, s. 3.

6. The additional costs payable provided for in section 55 of the Act are $74.

O.C. 826-90, s. 6; O.C. 1116-92, s. 7.

7. The costs payable for examination of an application provided for in section 95 of the Act are $263 for an application for a permit made by reason of the alienation or leasing of an establishment and $132 for the other applications referred to in that section.

O.C. 826-90, s. 7; O.C. 1116-92, s. 8; O.C. 269-96, s. 4.

7.1. The duties payable for the issue of a certificate of compliance of an advertisement under the Regulation respecting promotion, advertising and educational programs relating to alcoholic beverages (chapter P-9.1, r. 6), are $132 per audio or video commercial and $26.75 for any other type of advertising.

O.C. 269-96, s. 5.

8. (Revoked).

O.C. 826-90, s. 8; O.C. 1116-92, s. 9.

9. The duties and costs prescribed in sections 1 and 2 to 7.1 are adjusted on 1 April of each year, based on the percentage change in the All-Items Consumer Price Index for Canada, for the preceding year. The change is calculated on the basis of the ratio between the index for the preceding year and the index for the year preceding that year. The index for a given year is the average of the monthly indexes published by Statistics Canada. The adjustment rate may not be less than zero.

The adjusted duties and costs are rounded off as follows:

(1)  where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;

(2)  where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;

(3)  where the annual increase resulting from the adjustment is between $0.50 and $1.00, they are increased by $1.00; and

(4)  where the annual increase resulting from the adjustment is greater than $1.00,

(a)  they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or

(b)  they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.

O.C. 826-90, s. 9; O.C. 1116-92, s. 10; O.C. 269-96, s. 6; O.C. 1052-2011, s. 1.

9.1. (Revoked).

O.C. 269-96, s. 7; O.C. 1052-2011, s. 2.

9.2. For the purposes of this Regulation, the board shall publish the table of the new duties and costs in Part 1 of the Gazette officielle du Québec as soon as possible after they are determined.

O.C. 269-96, s. 7.

10. (Amendment integrated into c. P-9.1, r. 1.)

O.C. 826-90, s. 10.

11. (Omitted).

O.C. 826-90, s. 11.

12. (Obsolete).

O.C. 826-90, s. 12.

13. (Omitted).

O.C. 826-90, s. 13.

REFERENCES

O.C. 826-90, 1990 G.O. 2, 1679

O.C. 1116-92, 1992 G.O. 2, 4156

O.C. 269-96, 1996 G.O. 2, 1534

O.C. 1052-2011, 2011 G.O. 2, 3042

O.C. 241-2014, 2014 G.O. 2, 727