P-9.1 - Act respecting liquor permits

Section 86 Disposition versions

2023-10-27

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)  the permit holder or the establishment where the permit is used no longer fulfils one of the conditions for the issue of the permit prescribed by regulation or imposed by the board in accordance with section 42.2;

(7)  (subparagraph replaced);

(8)  the permit holder contravenes any provision of section 75 or 78;

(8.1)  the permit holder is guilty of a failure to comply referred to in a regulation made under this Act, unless a monetary administrative penalty was imposed on the permit holder under section 85.1 for that failure;

(9)  the permit holder or, where the holder is a partnership or legal person contemplated in section 38, a person mentioned in that section or the person responsible for the management of the establishment where the permit is used, 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 and organ and tissue conservation (chapter L-0.2) or section 135 of the Youth Protection Act (chapter P-34.1);

(10)  the permit holder does not comply with an order given under section 87;

(11)  the permit holder contravenes section 72.1, unless a monetary administrative penalty was imposed on the permit holder under section 85.1 for that failure to comply; or

(12)  the permit holder keeps or allows to be kept in the establishment more than 10 containers of alcoholic beverages containing an insect, unless that insect is an ingredient used in making those alcoholic beverages, or if, in the three years after the date on which a monetary administrative penalty was imposed for a failure to comply provided for in paragraph 2 of section 85.1, the permit holder is guilty of the same failure to comply;

(13)  (subparagraph repealed).

The board may, instead of cancelling or suspending a permit for a reason set out in the first paragraph, impose on the permit holder a monetary administrative penalty in an amount not exceeding $100,000.

In determining the penalty for contravening section 72.1, the board shall consider in particular the following factors:

(1)  the quantity of alcoholic beverages or the number of video lottery machines involved;

(2)  whether the alcoholic beverages involved are of bad quality or unfit for consumption;

(3)  whether the alcoholic beverages involved were made fraudulently or are adulterated;

(4)  whether the permit holder involved contravened section 72.1 in the preceding five years;

(5)  whether the alcoholic beverages involved 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).

The board must revoke or suspend a permit if

(1)  in the case of a 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 or the person responsible for the management of the establishment where the permit is used, was convicted of an indictable offence referred to in the second paragraph of section 41;

(4)  (subparagraph repealed);

(5)  the permit holder is not in compliance with a voluntary undertaking made under section 89;

(6)  the permit holder fails to pay the monetary administrative penalty after it is imposed on the holder in accordance with paragraphs 1 to 3 and 5 of section 85.1 and for which the time limit for contesting has expired.

The board may add a monetary administrative penalty to a permit suspension for a reason set out in this section. The amount of the penalty may not exceed $100,000.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 7, s. 74; 2016, c. 1, s. 145; 2018, c. 20, s. 43; 2023, c. 24, s. 7.

2021-08-05

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)  the permit holder or the establishment where the permit is used no longer fulfils one of the conditions for the issue of the permit prescribed by regulation or imposed by the board in accordance with section 42.2;

(7)  (subparagraph replaced);

(8)  the permit holder contravenes any provision of section 75 or 78;

(8.1)  the permit holder is guilty of a failure to comply referred to in the regulation made under paragraph 12 of section 114, other than one for which a monetary administrative penalty is prescribed by that regulation or by the regulation made under paragraph 15.2 of that section;

(9)  the permit holder or, where the holder is a partnership or legal person contemplated in section 38, a person mentioned in that section or the person responsible for the management of the establishment where the permit is used, 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 and organ and tissue conservation (chapter L-0.2) or section 135 of the Youth Protection Act (chapter P-34.1);

(10)  the permit holder does not comply with an order given under section 87;

(11)  the permit holder contravenes section 72.1, except in the case of a failure to comply for which a monetary administrative penalty is prescribed by regulation;

(12)  the permit holder keeps or allows to be kept in the establishment more than 10 containers of alcoholic beverages containing an insect, unless that insect is an ingredient used in making those alcoholic beverages; or

(13)  a monetary administrative penalty was imposed on the permit holder under section 85.1 for the same failure to comply in the preceding three years.

The board may, instead of cancelling or suspending a permit for a reason set out in the first paragraph, impose on the permit holder a monetary administrative penalty in an amount not exceeding $100,000.

In determining the penalty for contravening section 72.1, the board shall consider in particular the following factors:

(1)  the quantity of alcoholic beverages or the number of video lottery machines involved;

(2)  whether the alcoholic beverages involved are of bad quality or unfit for consumption;

(3)  whether the alcoholic beverages involved were made fraudulently or are adulterated;

(4)  whether the permit holder involved contravened section 72.1 in the preceding five years;

(5)  whether the alcoholic beverages involved 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).

The board must revoke or suspend a permit if

(1)  in the case of a 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 or the person responsible for the management of the establishment where the permit is used, was convicted of an indictable offence referred to in the second paragraph of section 41;

(4)  (subparagraph repealed);

(5)  the permit holder is not in compliance with a voluntary undertaking made under section 89;

(6)  the permit holder fails to pay the monetary administrative penalty after it is imposed on the holder in accordance with paragraphs 1 to 3 and 5 of section 85.1 and for which the time limit for contesting has expired.

The board may add a monetary administrative penalty to a permit suspension for a reason set out in this section. The amount of the penalty may not exceed $100,000.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 7, s. 74; 2016, c. 1, s. 145; 2018, c. 20, s. 43.

2019-01-01

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 section 75 or 78;

(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 and organ and tissue conservation (chapter L-0.2), section 135 of the Youth Protection Act (chapter P-34.1) or section 33 of the Juvenile Delinquents Act (R.S.C. 1970, c. J-3);

(10)  the permit holder does not comply with an order given under section 87;

(11)  the permit holder contravenes section 72.1, except in the case of a failure to comply for which an administrative monetary penalty is prescribed by regulation;

(12)  the permit holder keeps or allows to be kept in the establishment more than 10 containers of alcoholic beverages containing an insect, unless that insect is an ingredient used in making those alcoholic beverages; or

(13)  an administrative monetary penalty was imposed on the permit holder under section 85.1 for the same failure to comply in the preceding three years.

The board may, instead of cancelling or suspending a permit for a reason set out in the first paragraph, impose on the permit holder an administrative monetary penalty in an amount not exceeding $100,000.

In determining the penalty for contravening section 72.1, the board shall consider in particular the following factors:

(1)  the quantity of alcoholic beverages or the number of video lottery machines involved;

(2)  whether the alcoholic beverages involved are of bad quality or unfit for consumption;

(3)  whether the alcoholic beverages involved were made fraudulently or are adulterated;

(4)  whether the permit holder involved contravened section 72.1 in the preceding five years;

(5)  whether the alcoholic beverages involved 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).

The board must revoke or suspend a permit if

(1)  in the case of a 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)  (subparagraph repealed);

(5)  the permit holder is not in compliance with a voluntary undertaking made under section 89;

(6)  the permit holder fails to pay the administrative monetary penalty after it is imposed on the holder in accordance with paragraphs 1 to 3 and 5 of section 85.1 and for which the time limit for contesting has expired.

The board may add an administrative monetary penalty to a permit suspension for a reason set out in this section. The amount of the penalty may not exceed $100,000.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 7, s. 74; 2016, c. 1, s. 145.

2017-10-01

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 section 75 or 78;

(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 and tissue conservation 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;

(11)  the permit holder contravenes section 72.1, except in the case of a failure to comply for which an administrative monetary penalty is prescribed by regulation;

(12)  the permit holder keeps or allows to be kept in the establishment more than 10 containers of alcoholic beverages containing an insect, unless that insect is an ingredient used in making those alcoholic beverages; or

(13)  an administrative monetary penalty was imposed on the permit holder under section 85.1 for the same failure to comply in the preceding three years.

The board may, instead of cancelling or suspending a permit for a reason set out in the first paragraph, impose on the permit holder an administrative monetary penalty in an amount not exceeding $100,000.

In determining the penalty for contravening section 72.1, the board shall consider in particular the following factors:

(1)  the quantity of alcoholic beverages or the number of video lottery machines involved;

(2)  whether the alcoholic beverages involved are of bad quality or unfit for consumption;

(3)  whether the alcoholic beverages involved were made fraudulently or are adulterated;

(4)  whether the permit holder involved contravened section 72.1 in the preceding five years;

(5)  whether the alcoholic beverages involved 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).

The board must revoke or suspend a permit if

(1)  in the case of a 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)  (subparagraph repealed);

(5)  the permit holder is not in compliance with a voluntary undertaking made under section 89;

(6)  the permit holder fails to pay the administrative monetary penalty after it is imposed on the holder in accordance with paragraphs 1 to 3 and 5 of section 85.1 and for which the time limit for contesting has expired.

The board may add an administrative monetary penalty to a permit suspension for a reason set out in this section. The amount of the penalty may not exceed $100,000.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 7, s. 74.

2010-08-05

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 and tissue conservation 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).

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58.

2002-12-19

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, 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).

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166.

2001-12-20

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).

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210; 2001, c. 60, s. 166.

1999-10-22

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 Public Health Protection Act (chapter P-35), 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).

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2; 1999, c. 40, s. 210.

1999-06-19

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 corporation 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 corporation 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 Public Health Protection Act (chapter P-35), 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 corporation 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).

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38; 1999, c. 20, s. 2.

1997-06-19

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 corporation 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 corporation 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 Public Health Protection Act (chapter P-35), 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 corporation 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.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4; 1997, c. 51, s. 38.

1995-01-30

86. The board may cancel or suspend a permit, if

(1)   the permit has been obtained following false representations;

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

(5)   the permit holder no longer fulfils one of the conditions provided by subparagraphs 1, 2 and 3 of the first paragraph of section 39;

(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, 75, 78 and 82, 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 corporation 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 Public Health Protection Act (chapter P-35), 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 or does not comply with a voluntary undertaking made under section 89.

The board must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been convicted of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold. The Régie must also revoke or suspend the permit of a permit holder if he contravenes section 72.1.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95; 1995, c. 4, s. 4.

1993-07-14

86. The board may cancel or suspend a permit, if

(1)   the permit has been obtained following false representations;

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

(5)   the permit holder no longer fulfils one of the conditions provided by subparagraphs 1, 2 and 3 of the first paragraph of section 39;

(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 73, 75, 78 and 82, 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 corporation 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 Public Health Protection Act (chapter P-35), 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 or does not comply with a voluntary undertaking made under section 89.

The board must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been convicted of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633; 1993, c. 39, s. 95.

1990-10-01

86. The Régie may cancel or suspend a permit, if

(1)   the permit has been obtained following false representations;

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

(5)   the permit holder no longer fulfils one of the conditions provided by subparagraphs 1, 2 and 3 of the first paragraph of section 39;

(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 73, 75, 78 and 82, or refuses or neglects to comply with the requirements of the Régie contemplated in section 110;

(9)  the permit holder or, where the holder is a partnership or corporation 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 Public Health Protection Act (chapter P-35), 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 or does not comply with a voluntary undertaking made under section 89.

The Régie must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been convicted of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28; 1990, c. 4, s. 633.

1986-12-19

86. The Régie may cancel or suspend a permit, if

(1)   the permit has been obtained following false representations;

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

(5)   the permit holder no longer fulfils one of the conditions provided by paragraphs 1, 2 and 3 of section 39;

(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 73, 75, 78 and 82, or refuses or neglects to comply with the requirements of the Régie contemplated in section 110;

(9)  the permit holder or, where the holder is a partnership or corporation contemplated in section 38, a person mentioned in that section has been found guilty of an offence against this Act or the regulations, the Act respecting offences relating to alcoholic beverages, 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 Public Health Protection Act, section 135 of the Youth Protection Act or section 33 of the Juvenile Delinquents Act;

(10)   the permit holder does not comply with an order given under section 87 or does not comply with a voluntary undertaking made under section 89.

The Régie must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been found guilty of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

1979, c. 71, s. 86; 1983, c. 28, s. 54; 1986, c. 96, s. 28.

1983-06-22

86. The Régie may cancel or suspend a permit, if

(1)   the permit has been obtained following false representations;

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

(5)   the permit holder no longer fulfils one of the conditions provided by paragraphs 1, 2 and 3 of section 39;

(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 section 71, 72, 73, 75, 78 or 82;

(9)  the permit holder or, where the holder is a partnership or corporation contemplated in section 38, a person mentioned in that section has been found guilty of an offence against this act or the regulations, the Act respecting offences relating to alcoholic beverages, 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 Public Health Protection Act, section 135 of the Youth Protection Act or section 33 of the Juvenile Delinquents Act;

(10)   the permit holder does not comply with an order given under section 87 or does not comply with a voluntary undertaking made under section 89.

The Régie must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been found guilty of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

1979, c. 71, s. 86; 1983, c. 28, s. 54.

1980-06-01

86. The Régie may cancel or suspend a permit, if

In force: 1980-10-15

(1)   the permit has been obtained following false representations;

In force: 1980-10-15

(2)   the natural person who is the holder of the permit no longer fulfils one of the conditions provided by section 36;

In force: 1980-10-15

(3)   the corporation which holds the permit has been condemned for an offence contemplated in the second paragraph of section 36;

In force: 1980-10-15

(4)   in the case where the permit holder is a partnership or a corporation contemplated in section 38, a person mentioned in that section no longer fulfils one of the conditions provided therein;

In force: 1980-10-15

(5)   the permit holder no longer fulfils one of the conditions provided by paragraphs 1, 2 and 3 of section 39;

In force: 1980-10-15

(6)   in the case of a club permit the holder no longer fulfils one of the conditions provided by section 43;

In force: 1980-10-15

(7)   the establishment no longer fulfils the conditions established by regulation to be considered as a grocery, in the case of a grocery permit;

In force: 1980-10-15

(8)   the permit holder contravenes section 71, 72, 73, 75, 78 or 82;

(9)  the permit holder or, where the holder is a partnership or corporation contemplated in section 38, a person mentioned in that section has been found guilty of an offence against this act or the regulations, the Act respecting offences relating to alcoholic beverages, 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 Public Health Protection Act, section 135 of the Youth Protection Act or section 33 of the Juvenile Delinquents Act;

In force: 1980-10-15

(10)   the permit holder does not comply with an order given under section 87 or does not comply with a voluntary undertaking made under section 89.

The Régie must revoke or suspend the permit of the holder of a public house or “pub”, tavern or bar permit, if he has been found guilty of an offence for having employed a minor or for having allowed him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

1979, c. 71, s. 86.