S-13 - Act respecting the Société des alcools du Québec

Section 38 Disposition versions

1999-10-22

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this Act or the regulations is guilty of an offence against this Act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable for the first offence, to a fine of not less than $250 nor more than $2,450, and, for any subsequent conviction, to a fine of $2,450 to $12,150.

Where a person is convicted of having carried on an activity authorized by a permit contemplated in section 24 without holding such a permit, and where it is disclosed by the evidence that alcoholic beverages illegally made, bottled, stored, delivered, transported or sold by the offender are alcoholic beverages that the Société does not market or that are not made, bottled or delivered in accordance with a permit issued under this Act, the fine shall be equal to the aggregate of the amount determined pursuant to the first paragraph and an amount of $25 per litre of such alcoholic beverages in the case of beverages other than beer or cider, or an amount of $3 per litre in the case of beer or cider.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7; 1990, c. 4, s. 824; 1991, c. 33, s. 136; 1994, c. 26, s. 8; 1999, c. 40, s. 283.

1994-06-17

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this act or the regulations is guilty of an offence against this act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable for the first offence, to a fine of not less than $250 nor more than $2 450, and, for any subsequent conviction, to a fine of $2 450 to $12 150.

Where a person is convicted of having carried on an activity authorized by a permit contemplated in section 24 without holding such a permit, and where it is disclosed by the evidence that alcoholic beverages illegally made, bottled, stored, delivered, transported or sold by the offender are alcoholic beverages that the Corporation does not market or that are not made, bottled or delivered in accordance with a permit issued under this Act, the fine shall be equal to the aggregate of the amount determined pursuant to the first paragraph and an amount of $25 per litre of such alcoholic beverages in the case of beverages other than beer or cider, or an amount of $3 per litre in the case of beer or cider.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7; 1990, c. 4, s. 824; 1991, c. 33, s. 136; 1994, c. 26, s. 8.

1991-11-15

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this act or the regulations is guilty of an offence against this act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable for the first offence, to a fine of not less than $250 nor more than $2 450, and, for any subsequent conviction, to a fine of $2 450 to $12 150.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7; 1990, c. 4, s. 824; 1991, c. 33, s. 136.

1990-10-01

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this act or the regulations is guilty of an offence against this act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable for the first offence, to a fine of not less than $200 nor more than $2 000, and, for any subsequent conviction, to a fine of $2 000 to $10 000.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7; 1990, c. 4, s. 824.

1983-10-19

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this act or the regulations is guilty of an offence against this act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable, in addition to costs, for the first offence, to a fine of not less than $200 nor more than $2 000, and, for any subsequent offence within two years, to a fine of $2 000 to $10 000.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7.

1978-06-01

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this act or the regulations is guilty of an offence against this act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable, in addition to costs, for the first offence, to a fine of not less than two hundred dollars nor more than two thousand dollars, and, for any subsequent offence within two years, to a fine of two thousand to ten thousand dollars.

However, any person who infringes a regulation made by virtue of section 37.1 is guilty of an offence and is liable, in addition to the costs, for the first offence, to a fine of not less than fifty dollars nor more than five hundred dollars, and, for any subsequent offence within two years, to a fine of not less than five hundred dollars nor more than one thousand dollars.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2.

1977-12-31

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes the provisions of this act is guilty of an offence against this act, and may be arrested without warrant, provided that, without delay, he be brought before a court having jurisdiction, and is liable, in addition to costs, for the first offence, to a fine of not less than two hundred dollars nor more than two thousand dollars, and, for any subsequent offence, to a fine of two thousand to ten thousand dollars.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38.