P-9.1 - Act respecting liquor permits

À jour au 1^er septembre 2022

Ce document a valeur officielle.

chapter P-9.1

Act respecting liquor permits

In this Act, the word “board” means the “Régie des alcools, des courses et des jeux” (1993, c. 39, s. 95).

CHAPTER I INTERPRETATION AND APPLICATION

1999, c. 53, s. 12.

1. In this Act and the regulations hereunder, unless otherwise required by the context and except in the case of the word “permit”, the words and expressions defined in section 2 of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) have the same meaning as in the latter Act.

In addition, the expression “lodging facility” means a tourist accommodation establishment for which a classification certificate has been issued under the Tourist Accommodation Act (chapter H-1.01) and which falls into one of the classes determined by the Government by regulation.

1979, c. 71, s. 1; 1996, c. 34, s. 18; 2018, c. 20, s. 1; 2021, c. 30, s. 53.

1.1. The permits authorizing the sale or service of alcoholic beverages in the territory defined in an agreement concerning liquor permits concluded between the Government and a Mohawk community are determined in the agreement and issued by the authority designated in the agreement.

The designated authority and the persons authorized to act on its behalf have the powers necessary for verifying and ensuring compliance with the conditions for the issue of the permits and the conditions of the permits determined under the agreement, in particular the powers conferred on the board in matters of inspection, and cannot be sued or prosecuted for an official act performed in good faith in the exercise of their functions.

Permits authorizing the sale or service of alcoholic beverages in the defined territory issued by the board before the effective date of the agreement become, on that date, permits issued in accordance with that agreement.

1999, c. 53, s. 13.

CHAPTER II

Repealed, 1993, c. 39, s. 77.

1993, c. 39, s. 77.

2. (Repealed).

1979, c. 71, s. 2; 1993, c. 39, s. 77.

3. (Repealed).

1979, c. 71, s. 3; 1986, c. 96, s. 15; 1990, c. 21, s. 16; 1990, c. 67, s. 1; 1991, c. 51, s. 1; 1993, c. 39, s. 77.

4. (Repealed).

1979, c. 71, s. 4; 1993, c. 39, s. 77.

5. (Repealed).

1979, c. 71, s. 5; 1993, c. 39, s. 77.

6. (Repealed).

1979, c. 71, s. 6; 1993, c. 39, s. 77.

7. (Repealed).

1979, c. 71, s. 7; 1993, c. 39, s. 77.

8. (Repealed).

1979, c. 71, s. 8; 1993, c. 39, s. 77.

9. (Repealed).

1979, c. 71, s. 9; 1993, c. 39, s. 77.

10. (Repealed).

1979, c. 71, s. 10; 1993, c. 39, s. 77.

11. (Repealed).

1979, c. 71, s. 11; 1993, c. 39, s. 77.

12. (Repealed).

1979, c. 71, s. 12; 1993, c. 39, s. 77.

13. (Repealed).

1979, c. 71, s. 13; 1993, c. 39, s. 77.

14. (Repealed).

1979, c. 71, s. 14; 1983, c. 55, s. 161; 1993, c. 39, s. 77.

15. (Repealed).

1979, c. 71, s. 15; 1993, c. 39, s. 77.

16. (Repealed).

1979, c. 71, s. 16; 1991, c. 51, s. 3; 1993, c. 39, s. 77.

17. (Repealed).

1979, c. 71, s. 17; 1991, c. 51, s. 4; 1993, c. 39, s. 77.

18. (Repealed).

1979, c. 71, s. 18; 1993, c. 39, s. 77.

19. (Repealed).

1979, c. 71, s. 19; 1993, c. 39, s. 77.

20. (Repealed).

1979, c. 71, s. 20; 1987, c. 68, s. 94; 1993, c. 39, s. 77.

21. (Repealed).

1979, c. 71, s. 21; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1993, c. 39, s. 77.

22. (Repealed).

1979, c. 71, s. 22; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1993, c. 39, s. 77.

23. (Repealed).

1979, c. 71, s. 23; 1993, c. 39, s. 77.

24. (Repealed).

1979, c. 71, s. 24; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1993, c. 39, s. 77.

CHAPTER III PERMITS

DIVISION 0.1 PRELIMINARY PROVISION

1991, c. 31, s. 1.

24.1. The board, in the performance of its functions and the exercise of its powers in cases involving public tranquility, may, among other factors, take into account:

(1)  any noise, gathering or assembly which results or may result from the operation of the establishment that may disturb the peace in the neighbourhood;

(2)  the measures taken by the applicant or permit holder for, and their efficiency in, preventing, in the establishment,

(a)  the possession, consumption, sale, exchange or gift, in any manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the possession of a firearm or any other offensive weapon;

(c)  gestures or actions of a sexual nature that may disturb the peace and related solicitation;

(d)  acts of violence, including theft or mischief, that may disturb the peace of the customers or the citizens of the neighbourhood;

(e)  games of chance or any wager or betting that may disturb the peace;

(f)  any contravention of this Act or the regulations thereunder or of the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

(f.1)  any contravention of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) or the rules thereunder;

(g)  any contravention of any Act or a regulation concerning safety, hygiene or sanitation in a public place or public building;

(3)  the place where the establishment is situated and, in particular, whether the sector concerned is a residential, commercial, industrial or tourist sector.

1991, c. 31, s. 1; 1993, c. 39, s. 78, s. 95.

DIVISION I CLASSES OF PERMITS

§ 1 . — General provision

2018, c. 20, s. 2.

25. The permits issued under this Act are the bar permit, restaurant permit, accessory permit, event permit, grocery permit, delivery permit, cider seller’s permit, and winemaking and brewing centre permit.

In addition to the permits provided for in this Act, the Government may, by regulation, determine any other permit that may be issued under this Act, specify the activities involving alcoholic beverages that such a permit authorizes and prescribe the conditions for obtaining and using it.

1979, c. 71, s. 25; 1986, c. 96, s. 16; 1996, c. 34, s. 19; 2016, c. 7, s. 21; 2018, c. 20, s. 2.

The provisions of this section are in force to the extent that they do not cover delivery permits. (See Order in Council 1049-2021 dated 7 July 2021, (2021) 153 G.O. 2, 2761)

§ 2 . — Permit authorizing consumption on the premises

2018, c. 20, s. 2.

26. A bar permit authorizes, as principal activity in an establishment, the sale of alcoholic beverages for consumption on the premises.

A bar permit also authorizes the permit holder to allow a patron to take home a partially consumed container of wine purchased in the establishment, provided the container has been securely resealed.

1979, c. 71, s. 26; 2016, c. 7, s. 22; 2018, c. 20, s. 2.

27. A restaurant permit authorizes, in an establishment whose principal and usual activity is to prepare and sell food on the premises, the sale of alcoholic beverages for consumption on the premises if such beverages are generally served as an accompaniment to the food.

A restaurant permit also authorizes the permit holder to allow a patron to take home a partially consumed container of wine purchased in the establishment, provided the container has been securely resealed.

The restaurant permit also authorizes the sale, for take out or delivery in a sealed container, of alcoholic beverages other than alcohol and spirits if such beverages are sold with food prepared by the permit holder.

The price of alcoholic beverages sold for take out or delivery may differ from the price of alcoholic beverages sold for consumption on the premises.

1979, c. 71, s. 27; 2016, c. 7, s. 22; 2018, c. 20, s. 2; 2020, c. 31, s. 57.

28. An accessory permit authorizes, as a secondary activity at the place it indicates, the sale of alcoholic beverages for consumption on the premises during tourist, social, family, sporting, cultural or other activities.

1979, c. 71, s. 28; 1986, c. 96, s. 17; 2002, c. 58, s. 9; 2013, c. 16, s. 203; 2016, c. 7, s. 23; 2020, c. 31, s. 69; 2018, c. 20, s. 2.

28.1. (Replaced).

1986, c. 96, s. 18; 2002, c. 58, s. 10; 2020, c. 31, s. 69; 2018, c. 20, s. 2.

29. A bar, restaurant or accessory permit, when used in a lodging facility, authorizes the sale of alcoholic beverages at the front desk of the facility, by means of a minibar installed in a guest room of the facility or, in accordance with the conditions of use determined by regulation, by means of a vending machine installed in the facility.

In these circumstances, such a permit also authorizes alcoholic beverages sold in accordance with the first paragraph to be consumed in a guest room of the lodging facility and, in accordance with the conditions prescribed by regulation, in the common areas of the facility approved by the board.

1979, c. 71, s. 29; 2013, c. 16, s. 204; 2016, c. 7, s. 24; 2018, c. 20, s. 2.

30. An event permit authorizes, in the cases and on the conditions determined by regulation, the sale or service of alcoholic beverages for consumption on the premises at the place indicated on the permit.

1979, c. 71, s. 30; 2016, c. 7, s. 25; 2018, c. 20, s. 2.

§ 3 . — Permit authorizing consumption elsewhere than on the premises

2018, c. 20, s. 2.

31. A grocery permit authorizes the sale and delivery, for consumption at a place other than the establishment, of beer and cider, as well as the wines and alcoholic beverages determined by a regulation made under paragraph 7 of section 37 of the Act respecting the Société des alcools du Québec (chapter S-13), other than alcohol, spirits, and beer blends containing more than 7% alcohol by volume.

A grocery permit also authorizes the holder to offer, in the cases and on the conditions determined by regulation, free tasting in the holder’s establishment of the alcoholic beverages the holder is authorized to sell.

A grocery permit also authorizes the holder to sell at retail specific constituents of beer or wine, including malt, malt extracts, grapes, wort or must and concentrates, as well as equipment for the domestic manufacture of wine or beer for personal use, provided the holder purchases such products from the holder of a winemaking and brewing centre permit who sells them at wholesale.

1979, c. 71, s. 31; 1983, c. 30, s. 23; 1990, c. 67, s. 2; 1996, c. 34, s. 20; 2018, c. 20, s. 138; 2018, c. 20, s. 2.

Not in force

32. A delivery permit authorizes, on the conditions determined by regulation, the transportation of alcoholic beverages in the course of the provision of a public transportation service, in which case the holder is authorized to purchase the alcoholic beverages from a person authorized to sell them.

1979, c. 71, s. 32; 2018, c. 20, s. 2; 2020, c. 31, s. 57.

33. A cider seller’s permit authorizes the sale of cider for consumption at a place other than the establishment.

1979, c. 71, s. 33; 1993, c. 39, s. 95; 2016, c. 7, s. 26; 2018, c. 20, s. 2.

34. A winemaking and brewing centre permit authorizes the holder to sell at retail or wholesale specific constituents of beer or wine, including malt, malt extracts, grapes, wort or must and concentrates, as well as equipment for the domestic manufacture of beer or wine for personal use.

The holder of such a permit who sells at retail specific constituents of beer or wine as well as equipment for the domestic manufacture of beer or wine is required to purchase those products from the holder of a winemaking and brewing centre permit who sells them at wholesale.

1979, c. 71, s. 34; 2020, c. 10, s. 62; 2018, c. 20, s. 2.

DIVISION I.1 OPTIONS

2018, c. 20, s. 2.

34.1. The board may, on an application, attach any of the following options, as applicable, to certain permits issued under this Act:

(1)  “no minors”;

(2)  “caterer”;

(3)  “service”; or

(4)  “domestic manufacture”.

A permit with a “no minors” option prohibits, at all times, the presence of minors at the place where the permit is used.

A permit with a “caterer” option authorizes the sale of alcoholic beverages, served with food prepared by the permit holder, at the place where the holder serves the food.

A permit with a “service” option authorizes the holder to serve to his patrons, or allow them to consume on the premises at the place where the permit is used, alcoholic beverages the patrons have brought with them and which they may subsequently take away with them, provided those beverages are not alcohol, spirits or home-made beverages. However, a permit with such an option may not be used at a place for which a permit authorizing the sale of alcoholic beverages, other than an event permit, is already being used.

A permit with a “domestic manufacture” option authorizes the holder to place at the disposal of his patrons the space and equipment required to manufacture beer or wine for personal use.

The Government may, by regulation, determine other options that the board may, on an application, attach to a permit, and may specify the activities authorized by the options and the conditions for obtaining and using them.

1996, c. 34, s. 21; 2018, c. 20, s. 2.

DIVISION I.2 DELIVERY OF ALCOHOLIC BEVERAGES BY A THIRD PERSON

2020, c. 31, s. 56.

34.1.1. A restaurant permit authorizes the permit holder to delegate to a third person the delivery activities authorized by the permit under section 27.

Despite any provision to the contrary, the third person may collect the payment due for the sale of alcoholic beverages on behalf of the permit holder when the latter has authorized the third person to do so.

The delegation must be the subject of a written agreement between the permit holder and the third person. The permit holder must keep the agreement until the date that is three years after the date on which the agreement ended.

2020, c. 31, ss. 56 and 69.

34.1.2. The third person may subdelegate the activities authorized by this division to a person who intends to make deliveries in the third person’s name.

The subdelegation must be the subject of a written agreement between the third person and the person. The third person must keep the agreement until the date that is three years after the date on which the agreement ended.

In addition, the third person must keep a register specifying the name and address of each person transporting alcoholic beverages in the third person’s name.

2020, c. 31, ss. 56 and 69.

34.1.3. A person making deliveries under this division may not deliver alcoholic beverages to an address other than the one appearing on the invoice or on another document of the same nature.

2020, c. 31, ss. 56 and 69.

34.1.4. The delivery activities delegated and subdelegated under this division are deemed to be carried on by the restaurant permit holder.

2020, c. 31, ss. 56 and 69.

34.1.5. The restaurant permit holder must take the necessary measures to ensure that the person making deliveries complies with the conditions for using the holder’s permit and with the holder’s obligations under this Act and the Act respecting offences relating to alcoholic beverages (chapter I-8.1) and their regulations.

2020, c. 31, ss. 56 and 69.

34.2. (Replaced).

1996, c. 34, s. 21; 2018, c. 20, s. 2.

34.2.1. (Section renumbered).

2020, c. 31, ss. 56 and 69.

See section 34.1.1.

34.2.2. (Section renumbered).

2020, c. 31, ss. 56 and 69.

See section 34.1.2.

34.2.3. (Section renumbered).

2020, c. 31, ss. 56 and 69.

See section 34.1.3.

34.2.4. (Section renumbered).

2020, c. 31, ss. 56 and 69.

See section 34.1.4.

34.2.5. (Section renumbered).

2020, c. 31, ss. 56 and 69.

See section 34.1.5.

DIVISION II ISSUE OF PERMITS

35. The board may, in accordance with this Act, issue a permit to a person or a partnership.

That permit is issued in the name of the person who intends to use it.

1979, c. 71, s. 35; 1993, c. 39, s. 95; 1999, c. 40, s. 210.

35.1. The board shall issue one permit only for each class of permit that may be used in an establishment. Once issued, the permit covers all the rooms and terraces for which it was applied for.

2016, c. 7, s. 27.

36. To obtain a permit, a person must be of full age; if he is not a Canadian citizen, he must reside in Québec as a permanent resident or hold a work permit issued by Canadian immigration authorities that authorizes him to work in Québec, unless he is applying for an event permit as the authorized representative of a government, country, province or state.

1979, c. 71, s. 36; 1983, c. 28, s. 50; 1986, c. 95, s. 208; 1997, c. 51, s. 20; 2018, c. 20, s. 3.

37. (Repealed).

1979, c. 71, s. 37; 1997, c. 51, s. 21.

38. In the case of a partnership or a legal person, the issue of a permit is subject to the requirement that each partner or director, in addition to the partnership or legal person, and each shareholder holding 10% or more of the shares with full voting rights of the legal person also fulfil all the conditions except, if it is listed on a Canadian stock exchange, the conditions prescribed by section 36.

1979, c. 71, s. 38; 1997, c. 51, s. 22; 1999, c. 40, s. 210.

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.

40. A person must, when applying for a permit,

(1)  show that he fulfils the conditions provided in this division and any other condition fixed by regulation,

(1.1)  (paragraph replaced);

(2)  provide the address of the establishment and specify each room, terrace or other place where the permit is to be used,

(2.1)  file a detailed floor plan of the rooms and terraces where the permit is to be used, if the application is for a permit authorizing the sale or service of alcoholic beverages for consumption on the premises, and

(3)  produce, at the request of the board and within the time fixed by it, any other document pertinent to the examination of the application, including any document relating to the sources of financing of the activities concerned or of the establishment.

1979, c. 71, s. 40; 1993, c. 39, s. 95; 1997, c. 51, s. 24; 1999, c. 40, s. 210; 2016, c. 7, s. 28; 2018, c. 20, s. 5.

41. The board must refuse to issue a permit if it considers that

(1)  the issue of the permit will be contrary to the public interest or may adversely affect public security or disturb public tranquility;

(1.1)  the applicant is unable to establish his capacity to carry on with competence and integrity the activities for which he is applying for a permit, in view of his past behaviour regarding an activity to which this Act applies;

(1.2)  the application for a permit is made on behalf of another person;

(2)  the establishment does not comply with the standards prescribed by an Act respecting safety, hygiene or sanitation in public buildings or respecting the quality of the environment, or by a regulation made under such an Act.

The board must also refuse to issue a permit if the applicant or, in the case of a permit authorizing the sale or service of alcoholic beverages for consumption on the premises, the person responsible for the management of the establishment concerned was convicted of an indictable offence related to the activities to which this Act applies, within the five years preceding the application, or has not served the sentence imposed for such an indictable offence, unless he has obtained a pardon in relation to the indictable offence.

1979, c. 71, s. 41; 1991, c. 31, s. 2; 1993, c. 39, s. 95; 1997, c. 51, s. 25; 2018, c. 20, s. 6.

42. The board may refuse to issue a permit, if a time of five years has not elapsed since the date when the applicant or, in the case of a permit authorizing the sale or service of alcoholic beverages for consumption on the premises, the person responsible for the management of the establishment concerned

(1)  was 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

(2)  completed his sentence or, where such is the case, began his probation period, in the case of an indictable offence contemplated in the second paragraph of section 41.

Notwithstanding the foregoing, in no case may the board refuse to issue a permit if the applicant or the person responsible for the management of the establishment has obtained a pardon for such offence or such indictable offence.

1979, c. 71, s. 42; 1986, c. 95, s. 209; 1990, c. 4, s. 632; 1990, c. 67, s. 3; 1993, c. 39, s. 95; 1997, c. 51, s. 26; 1999, c. 40, s. 210; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 1, s. 145; 2018, c. 20, s. 7.

42.1. The board shall not issue a permit where it has decided that no permit would be issued for the premises contemplated in the application, if the period for which the decision is effective has not expired.

In addition to the case contemplated in section 86.2, the board may make a decision described in the first paragraph in respect of event permits that could be issued for use in an establishment in which the board considers that an event permit has been used contrary to the public interest, to public security or to public tranquility, after notifying the owner of the establishment of the previous occurrence of such an incident. The board shall in such a case determine the period for which the decision is effective, which must not exceed six months.

1986, c. 96, s. 19; 1993, c. 39, s. 95; 1997, c. 51, s. 27; 2018, c. 20, s. 129.

42.2. The board may, on issuing a permit, impose any condition it considers appropriate concerning the use of the permit, including a restriction or prohibition, provided such a condition is aimed at ensuring public security or public tranquility.

1986, c. 96, s. 19; 1993, c. 39, s. 95; 2018, c. 20, s. 8.

43. (Repealed).

1979, c. 71, s. 43; 1993, c. 39, s. 95; 1999, c. 40, s. 210; 2018, c. 20, s. 9.

44. (Repealed).

1979, c. 71, s. 44; 1982, c. 26, s. 312; 1990, c. 67, s. 4.

45. The board may, even if one of the conditions provided in subparagraphs 1, 2 and 3 of the first paragraph of section 39 and paragraph 2 of section 41 are not fulfilled, decide to issue a permit if, at the time of the application, the applicant, as the case may be,

(1)  is the holder of a promise to purchase or to lease the establishment conditional to obtaining the permit and undertakes to become the owner or the lessee of the establishment within the period fixed by the board;

(2)  produces a detailed plan of the projected arrangement of the establishment and furnishes a sufficient undertaking to comply with the standards prescribed within the period fixed by the board; or

(3)  undertakes to obtain the required permit and certificate within the period fixed by the board.

The board may also decide to issue a permit even if, at the time of the application, the applicant did not establish that he and, where applicable, the persons referred to in section 38 fulfil the conditions applicable to them under section 36, provided that he undertakes to file with the board, within the time it prescribes, any document it considers relevant.

However, the permit is then issued only if the applicant complies with his undertaking to the satisfaction of the board.

1979, c. 71, s. 45; 1987, c. 12, s. 52; 1991, c. 51, s. 6; 1993, c. 39, s. 95; 1997, c. 51, s. 28.

46. The board may issue an event permit despite the prohibitions or restrictions of any municipal by-law or the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

The issue of such a permit does not exempt the permit holder from the requirement to obtain any authorizations required under the Act respecting the preservation of agricultural land and agricultural activities and under municipal by-laws.

1979, c. 71, s. 46; 1993, c. 39, s. 95; 2018, c. 20, s. 10.

46.1. Upon issuing a permit for consumption on the premises, the board shall determine the number of persons who may be present simultaneously in each room and on each terrace of the establishment where the permit is to be used.

1991, c. 51, s. 7; 1993, c. 39, s. 95; 2016, c. 7, s. 29.

47. A permit issued by the board indicates

(1)  the permit holder’s name and the address of the establishment;

(2)  the class of the permit and any options attached to it;

(3)  the rooms or terraces of the establishment or any other place where the permit may be used;

(4)  the seasonal or annual period during which the permit may be used and, in the case of a seasonal period, the start and end dates of that period;

(5)  the number of persons who may be present simultaneously in each room or on each terrace of the establishment where the permit may be used;

(6)  the payment date for the annual duties;

(7)  if applicable, whether the presentation of a show, the projection of a film or dancing is authorized and, if applicable, the type of show authorized;

(8)  if applicable, the common areas of a lodging facility that have been approved by the board; and

(9)  any other information the board considers necessary.

1979, c. 71, s. 47; 1991, c. 51, s. 8; 1993, c. 39, s. 95; 1997, c. 51, s. 29; 2016, c. 7, s. 30; 2018, c. 20, s. 11.

48. (Repealed).

1979, c. 71, s. 48; 1981, c. 14, s. 53; 1993, c. 39, s. 79.

49. (Repealed).

1979, c. 71, s. 49; 1981, c. 14, s. 54; 1991, c. 51, s. 9.

50. Subparagraphs 1 to 3 of the first paragraph of section 39, the second and third paragraphs of that section, paragraph 2.1 of section 40, subparagraphs 1 to 1.2 of the first paragraph of section 41, sections 42 and 45 and paragraphs 4 to 6 of section 47 do not apply in the case of an event permit.

Subparagraphs 1 to 1.2 of the first paragraph of section 41 and paragraph 5 of section 47 do not apply in the case of a grocery permit or a cider seller’s permit.

Subparagraph 3 of the first paragraph of section 39 and paragraph 5 of section 47 do not apply in the case of a delivery permit. Nor do they apply in the case of a winemaking and brewing centre permit, unless it has a “domestic manufacture” option, in which case subparagraph 3 of the first paragraph of section 39 applies.

Paragraph 2.1 of section 40 and subparagraphs 1 to 1.2 of the first paragraph of section 41 do not apply to an application for a permit, other than a bar permit, 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 a similar agreement if the permit applied for is of the same class as that which was used and there is no application for an additional permit, application to have an option attached to the permit, or application for an additional approval, authorization or place, except if the board has initiated proceedings for the suspension or revocation of the permit or an application to that effect has been made to it in accordance with section 85.

1979, c. 71, s. 50; 1991, c. 51, s. 10; 1993, c. 39, s. 95; 1992, c. 57, s. 636; 1996, c. 34, s. 22; 1997, c. 51, s. 30; 2016, c. 7, s. 31; 2018, c. 20, s. 12.

The provisions of this section are in force to the extent that they do not cover delivery permits. (See Order in Council 1049-2021 dated 7 July 2021, (2021) 153 G.O. 2, 2761)

DIVISION III DURATION OF PERMITS AND PAYMENT OF ANNUAL DUTIES

1991, c. 51, s. 11.

51. A permit remains in force until it is cancelled.

However, an event permit shall be in force only for the period determined by the board. In addition, the issue of an event permit for a place covered by another permit in force has the effect of preventing the holder of that other permit from selling alcoholic beverages in that place during the entire period indicated on the event permit.

The first paragraph does not have the effect of allowing a holder to use his permit during the period for which it has been suspended.

1979, c. 71, s. 51; 1981, c. 14, s. 55; 1991, c. 51, s. 11; 1993, c. 39, s. 95; 2018, c. 20, s. 13.

51.1. The period during which a permit may be used is either seasonal or annual.

A permit that may be used during a seasonal period may not be used outside the continuous period it indicates even though the permit remains in force.

More than one permit for a seasonal period may be used in the same place by different holders, provided the activities authorized by the permits are not carried on simultaneously.

2018, c. 20, s. 14.

52. The holder of a permit shall pay, each year, the duties determined in accordance with the regulations and applicable on the anniversary date of the issue of the permit.

In the case of a permit to which the second or third paragraph of section 39 applies, the anniversary date of the issue of the permit is deemed to be the date of issue of the permit already or previously held.

1979, c. 71, s. 52; 1991, c. 51, s. 11.

53. Not less than 60 days before the anniversary date of the issue of a permit, the board shall send to the holder a notice informing him of the date on which the annual duties become payable to maintain the permit in force, the amount of such duties and, where such is the case, the amount of any monetary administrative penalty owed.

The holder shall send to the board, before the anniversary date of the issue of his permit, the annual duties determined in accordance with the regulations for such permit and, where applicable, the amount of any monetary administrative penalty claimed.

1979, c. 71, s. 53; 1983, c. 28, s. 51; 1991, c. 51, s. 11; 1993, c. 39, s. 95; 2016, c. 7, s. 69; 2018, c. 20, s. 15.

54. Failure to receive the notice does not release the holder from the obligation to pay the annual duties.

Similarly, where the anniversary date of the issue of a holder’s permit falls on or after the date of coming into force of a regulation made under paragraph 4 of section 114, the holder shall pay the costs and duties payable under the regulation, despite any notice the board may have sent to him under section 53.

1979, c. 71, s. 54; 1991, c. 51, s. 11; 1993, c. 39, s. 95.

55. If a holder does not comply with section 53 ou 54 or if he fails to pay a monetary administrative penalty imposed under section 86 and for which no proceeding has been brought before the Administrative Tribunal of Québec, his permit is cancelled by operation of law. Such cancellation has effect from the anniversary date of the issue of the permit.

However, the board may decide that the permit is not cancelled if the holder proves, before the board has officially ascertained the permit’s cancellation by operation of law, that he had reasonable grounds for not complying with section 53 or 54 or not paying the amount claimed under section 86 and if he pays the annual duties and the monetary administrative penalty.

1979, c. 71, s. 55; 1991, c. 51, s. 11; 1993, c. 39, s. 95; 2016, c. 7, s. 70; 2018, c. 20, s. 58.

DIVISION IV CONDITIONS ATTACHED TO A PERMIT

§ 1 . — Hours and days of use

56. (Repealed).

1979, c. 71, s. 56; 2002, c. 58, s. 11.

57. (Repealed).

1979, c. 71, s. 57; 2002, c. 58, s. 11.

58. (Repealed).

1979, c. 71, s. 58; 2002, c. 58, s. 11.

58.1. A permit for a seasonal period authorizes the holder to use the permit during the continuous period it indicates, which may not exceed 183 days.

2018, c. 20, s. 16.

59. A permit authorizing alcoholic beverages to be sold or served for consumption on the premises may be used every day, from 8:00 a.m. until 3:00 a.m. the following morning. If the alcoholic beverages are sold by means of a minibar in a guest room of a lodging facility, they may be sold at any time.

However, the sale of alcoholic beverages, for take out or delivery, authorized by the restaurant permit may take place only during the period between 8 a.m. and 11 p.m.

In addition, the board shall fix the hours, between 8 a.m. and 3 a.m. the following morning, during which each event permit may be used.

1979, c. 71, s. 59; 1993, c. 39, s. 95; 2002, c. 58, s. 12; 2018, c. 20, s. 17; 2020, c. 31, s. 58.

60. A grocery permit may be used every day within the period comprised between 7 a.m. and 11 p.m. during which a patron may be admitted to that establishment in accordance with the Act respecting hours and days of admission to commercial establishments (chapter H-2.1).

1979, c. 71, s. 60; 1990, c. 30, s. 33; 2018, c. 20, s. 18.

60.0.1. A cider seller’s permit may be used every day within the period comprised between 8 a.m. and 11 p.m. during which a patron may be admitted to the establishment in accordance with the Act respecting hours and days of admission to commercial establishments (chapter H-2.1).

2018, c. 20, s. 19.

60.1. A winemaking and brewing centre permit may be used on the days and at the hours the public may be admitted to the establishment in accordance with the Act respecting hours and days of admission to commercial establishments (chapter H-2.1).

1996, c. 34, s. 23; 2018, c. 20, s. 20.

61. Subject to section 61.1, the board may, on an application and if the board does not consider it to be contrary to the public interest or public security or likely to disturb public tranquility, change the hours during which a permit authorizing alcoholic beverages to be sold or served for consumption on the premises may be used on a statutory holiday or during a cultural, social, sporting or tourist event.

The board’s decision may concern one or more permit holders or one or more classes of permits and may apply to all or part of the territory of Québec.

Before rendering its decision, the board shall consult the clerk or clerk-treasurer of the local municipality concerned as well as the director of the Sûreté du Québec or of the police force established for that territory and authorized under section 111.

1979, c. 71, s. 61; 1991, c. 51, s. 12; 1993, c. 39, s. 95; 2002, c. 58, s. 13; 2017, c. 16, s. 41; 2018, c. 20, s. 21; 2021, c. 31, s. 132.

61.1. Ville de Montréal may, by by-law and with respect to any permit referred to in the first paragraph of section 59 that is used in its territory, fix hours of use that are different from those prescribed in that paragraph. Such hours may vary according to the time of year, by category of permit or by part of the city’s territory.

The city may also, by resolution, exercise in its territory the power provided for in section 61 with respect to the hours of use specified in the first paragraph of section 59 or the hours it fixes under the first paragraph.

2017, c. 16, s. 42.

62. The holder of a bar permit shall not admit a person to the rooms or terraces indicated on the permit outside the hours during which the permit may be used, nor tolerate a person’s remaining there for more than one hour after those hours, unless the person is an employee of the establishment.

However, between 6 a.m. and 8 a.m., the permit holder may admit a person to the rooms or terraces indicated on the permit if no alcoholic beverage is consumed there and no video lottery machine can be played there.

1979, c. 71, s. 62; 1981, c. 14, s. 56; 1993, c. 71, s. 49; 1996, c. 34, s. 24; 2018, c. 20, s. 22.

63. The holder of a permit authorizing alcoholic beverages to be sold or served for consumption on the premises, other than a bar permit, may admit a person to the rooms or terraces indicated on the permit outside the hours during which the permit may be used.

No alcoholic beverage may be consumed there more than 30 minutes after those hours.

1979, c. 71, s. 63; 1986, c. 96, s. 21; 1993, c. 71, s. 50; 2002, c. 58, s. 14; 2016, c. 7, s. 32; 2018, c. 20, s. 22.

64. Notwithstanding any general law or special Act, a permit authorizing alcoholic beverages to be sold or served may be used on a municipal or school polling day.

1979, c. 71, s. 64; 1981, c. 14, s. 57; 1989, c. 1, s. 607; 1996, c. 34, s. 25.

65. Despite section 59, in the passenger terminals of the Montréal Pierre-Elliott-Trudeau International Airport, the Québec City Jean-Lesage International Airport and any other passenger terminal determined by regulation, permits authorizing alcoholic beverages to be sold or served for consumption on the premises may be used at any time.

1979, c. 71, s. 65; 1986, c. 96, s. 22; 1999, c. 20, s. 1; 2018, c. 20, s. 23.

§ 2 . — Posting

66. The permit must be posted, in public view, at the main entrance of the establishment covered by the permit. However, a permit holder who uses the permit elsewhere than in the establishment where it is posted must make copies of it and keep one in his possession.

In the case of a permit to sell alcoholic beverages for consumption on the premises, a price list of the alcoholic beverages sold in the establishment covered by the permit must also be posted in each room or on each terrace where the permit is used. However, the holder of a restaurant permit may make the price list available to patrons in another manner.

In the case of a grocery permit, a price list of the beer sold in the establishment covered by the permit must be posted in each room where the permit is used.

1979, c. 71, s. 66; 1986, c. 96, s. 23; 2016, c. 7, s. 33; 2018, c. 20, s. 24.

67. The holder of a permit entitling him to sell alcoholic beverages for consumption on the premises must, if he imposes a minimum charge giving the right to one drink or an admission fee, keep posted, in public view, at the entrance to the room or terrace where he uses his permit, a notice indicating the amount of that charge or fee.

1979, c. 71, s. 67.

68. The holder of a restaurant permit or bar permit who allows, in a room or on a terrace of his establishment, the holding of a reception, access to which is restricted to a group of persons, must post at the entrance to that room or terrace, in public view, a notice indicating the holding of the reception. Furthermore, he must refuse to admit there any person who is not a member of the group having access to the reception.

A reception contemplated in the first paragraph may be held in a room or on a terrace of the establishment, other than that where the permit is used.

During such a reception, the permit holder may allow the presentation of a show, the projection of a film or dancing without having to obtain the authorization provided for in section 73.

1979, c. 71, s. 68; 2002, c. 58, s. 15; 2016, c. 7, s. 34; 2018, c. 20, s. 25.

69. (Repealed).

1979, c. 71, s. 69; 1986, c. 95, s. 210.

§ 3 . — Miscellaneous provisions

69.1. Not more than one permit may be used at the same time in any room, on any terrace or in any other place.

2016, c. 7, s. 35; 2018, c. 20, s. 26.

70. The holder of a permit authorizing alcoholic beverages to be sold or served must keep books respecting his purchases and sales of alcoholic beverages and indicate, for each purchase, the quantity, price, date and supplier; he must keep the vouchers of these purchases.

1979, c. 71, s. 70; 1996, c. 34, s. 26.

70.1. The holder of a winemaking and brewing centre permit and the holder of a grocery permit who sells specific constituents of beer or wine at retail must keep books listing all purchases and sales of raw materials and equipment and indicating, for each transaction, the following information:

(1)  the name and address of the person from whom they purchased the products;

(2)  in the case of a holder of a winemaking and brewing centre permit who sells at wholesale, the name and address of the person to whom he sold the products concerned;

(3)  the nature and quantity of the products purchased or sold, and the cost or price thereof;

(4)  the date of the transaction.

In addition, such permit holders must keep the vouchers of each transaction.

They must, if so required, transmit such books and documents to the board.

1996, c. 34, s. 27; 2018, c. 20, s. 27.

71. The holder of a permit entitling him to sell or serve alcoholic beverages for consumption on the premises must notify the board in writing of the name, address and date of birth of the person entrusted to manage his establishment, within 10 days of the beginning of his employment.

1979, c. 71, s. 71; 1986, c. 96, s. 24; 1993, c. 39, s. 95; 2018, c. 20, s. 28.

72. A partnership or a legal person contemplated in section 38, holding a permit, must make known to the board, on the form prescribed by the board, all the relevant information relating to a change among the persons contemplated in that section, within 10 days of the change.

1979, c. 71, s. 72; 1993, c. 39, s. 95; 1999, c. 40, s. 210.

72.1. The holder of a permit authorizing alcoholic beverages to be sold or served may tolerate the presence of alcoholic beverages in his establishment only if such beverages were acquired, in accordance with his permit, from the Société des alcools or from the holder of a small-scale production permit, a brewer’s permit, a beer distributor’s permit or a cider maker’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) or from an agent of such a permit holder. The same rule applies to the holder of a permit with a “caterer” option, at the place where he serves the food he has prepared.

In addition,

(1)  in the establishment of the holder of a restaurant permit with a “service” option”, the presence of alcoholic beverages brought by patrons for consumption on the premises;

(2)  in the establishment of an event permit holder, the presence of alcoholic beverages supplied by the holder of one of the following permits:

(a)  a grocery permit or cider seller’s permit;

(b)  a small-scale production permit or small-scale beer producer’s permit issued under the Act respecting the Société des alcools du Québec;

(2.1)  in the establishment of the holder of a grocery permit, the presence of alcoholic beverages supplied by the holder of a small-scale beer producer’s permit;

(3)  in the establishment of the holder of a permit for consumption on the premises who is also the holder of a small-scale production permit or of a small-scale beer producer’s permit, the presence of alcoholic beverages made by him,

is also permitted.

A permit holder shall not tolerate the presence in his establishment of a video lottery machine not registered under the Act respecting lotteries, publicity contests and amusement machines (chapter L-6).

1995, c. 4, s. 3; 1996, c. 34, s. 28; 1997, c. 32, s. 18; 1999, c. 40, s. 210; 2016, c. 9, s. 17; 2018, c. 20, s. 29; 2020, c. 31, s. 71; 2018, c. 20, s. 29.

73. The holder of a permit authorizing alcoholic beverages to be sold or served for consumption on the premises, other than an event permit or accessory permit, shall not allow, in a room or on a terrace where he uses the permit, the presentation of a show, the projection of a film or dancing, unless authorized to do so by the board. However, the board’s authorization is not required to use a radio, television or sound reproduction device in a room or on a terrace.

1979, c. 71, s. 73; 1986, c. 96, s. 25; 1993, c. 39, s. 95; 2018, c. 20, s. 30.

74. The board shall grant the authorization provided for in section 73, on payment of the duties determined in accordance with the regulations, if

(1)  it considers that the activity it authorizes is not likely to disturb public tranquility and that each room or terrace where that activity will take place is arranged in accordance with the standards prescribed for that purpose by regulation; and

(2)  the permit holder holds a certificate issued by the clerk or the clerk-treasurer of the municipality in whose territory the establishment is situated attesting that the activity complies with the municipal planning by-laws.

Upon granting the authorization, the board shall certify the floor plan considered.

The board may, in its decision, determine the type of show that it authorizes.

The provisions of the second and third paragraphs of section 39 and those of Division III, adapted as required, apply to the authorization.

1979, c. 71, s. 74; 1991, c. 51, s. 13; 1993, c. 39, s. 95; 1997, c. 51, s. 31; 2017, c. 13, s. 189; 2016, c. 7, s. 36; 2018, c. 20, s. 31; 2021, c. 31, s. 132.

74.1. The permit holder shall keep, in the establishment where he uses his permit, the detailed floor plan of the rooms or terraces where the activity is authorized, certified by the board pursuant to the second paragraph of section 74 or the third paragraph of section 84.1.

1997, c. 51, s. 32; 2016, c. 7, s. 37.

75. The holder of a permit must not use that permit in a manner that will disturb public tranquility.

1979, c. 71, s. 75; 1986, c. 96, s. 26; 1991, c. 51, s. 14.

76. (Repealed).

1979, c. 71, s. 76; 1986, c. 96, s. 27; 1987, c. 12, s. 53; 1993, c. 39, s. 95; 2000, c. 10, s. 28; 2018, c. 20, s. 32.

77. (Repealed).

1979, c. 71, s. 77; 2001, c. 77, s. 5.

77.0.1. In an establishment in which a video lottery machine is operated, the permit holder, his spouse and children, the person responsible for the management of the establishment, the members of the personnel and any person who participates in a show in the establishment are prohibited from playing or inciting a patron to play the video lottery machine.

1993, c. 39, s. 80; 2002, c. 6, s. 236.

77.1. (Repealed).

1990, c. 67, s. 5; 2018, c. 20, s. 33.

77.2. (Repealed).

1990, c. 67, s. 5; 2018, c. 20, s. 33.

Not in force

77.3. A permit holder, the person responsible for the management of the establishment where the permit is used, and the other members of the holder’s personnel determined by government regulation must take training recognized by the board on the responsible consumption of alcoholic beverages.

The Government may, by regulation, determine the criteria the board must take into account in recognizing training offered in or outside Québec on the responsible consumption of alcoholic beverages, as well as the procedure for obtaining such recognition.

The Government may also, by regulation, determine any terms for implementing the training requirement, including with regard to the content of the training, which may vary according to the persons taking the training and the class of permit, and prescribe exemptions or transitional conditions for permit holders, persons responsible for the management of establishments, and permit holders’ other personnel members.

During the hours during which a permit authorizing alcoholic beverages to be sold or served may be used, the permit holder or a member of the holder’s personnel who has received training recognized by the board must be present in the establishment.

2018, c. 20, s. 34.

77.4. A permit holder who keeps or possesses in his establishment alcoholic beverages that are the subject of a recall order made in accordance with section 35.2.1 of the Act respecting the Société des alcools du Québec (chapter S-13) must comply with the order. For that purpose, he must immediately cease selling the alcoholic beverages subject to the recall and remove them from his display.

2018, c. 20, s. 34.

DIVISION V TEMPORARY USE AND CHANGE OF PLACE, PERIOD OR FLOOR ARRANGEMENT

1997, c. 51, s. 33; 2018, c. 20, s. 35.

§ 1 . — Temporary use of a permit

78. No permit may be used by a person other than its holder.

1979, c. 71, s. 78.

79. The board may, upon production of the relevant documents it may require and upon payment of the duties determined in accordance with the regulations, temporarily authorize a person other than a holder to use a permit, if that person is the liquidator of the succession of the permit holder, his legatee by particular title or heir or a person designated by them, a trustee in bankruptcy, a liquidator, a judicial or conventional sequestrator or a trustee who is provisionally administering an establishment in which a permit is in use.

The board may also, on the same conditions, temporarily authorize a person other than the holder to use the permit, if that person files an application to that effect with an application for a permit by reason of the alienation, rental or retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of a similar agreement.

Where the issuance of a permit is decided by the board in circumstances described in the second paragraph, a monetary administrative penalty in the amount prescribed by regulation in accordance with section 85.1 is imposed as an additional requirement if the applicant failed to apply for an authorization for the temporary use of a permit and should have done so.

The board may refuse to grant its authorization if it has initiated proceedings for the suspension or cancellation of the permit or if an application to that effect has been made to it under section 85.

1979, c. 71, s. 79; 1981, c. 14, s. 58; 1983, c. 28, s. 52; 1991, c. 51, s. 15; 1993, c. 39, s. 95; 1992, c. 57, s. 637; 1999, c. 40, s. 210; 2016, c. 7, s. 71; 2018, c. 20, s. 58.

80. An application for authorization to use a permit temporarily is examined and decided by preference.

Upon payment of the duties determined in accordance with the regulations, the board may renew the authorization for the period it fixes.

1979, c. 71, s. 80; 1991, c. 51, s. 16; 1993, c. 39, s. 95; 1997, c. 43, s. 405.

81. The provisions of this Act and any other Act and those of the regulations thereunder which apply to a permit and to its holder apply, adapted as required, to an authorization for temporary use of a permit and to its holder.

1979, c. 71, s. 81; 1991, c. 51, s. 17.

§ 2 . — Change of place or period of the use of a permit

1979, c. 71, Sd. 2; 2018, c. 20, s. 36.

81.1. A permit holder may, while the permit is in force, apply

(1)  before the 30th day preceding the end date of the permit’s seasonal period, to change the period to an annual period, on payment of the duties fixed by regulation; or

(2)  before the 183rd day following the anniversary date of the issue of a permit for an annual period, to change the period to a seasonal period.

2018, c. 20, s. 37.

82. No permit holder, without the authorization of the board, may, even inside his establishment, use his permit in places other than those specified in his permit.

A permit holder who applies for the board’s authorization to use his permit in an additional place in his establishment must comply with the conditions provided in sections 39 and 40 that apply to him.

1979, c. 71, s. 82; 1983, c. 28, s. 53; 1993, c. 39, s. 95; 2016, c. 7, s. 38.

83. A permit holder who applies to definitively change one place or all the places where he uses his permit must comply with the conditions provided in sections 39 and 40 that apply to him.

Subparagraphs 1 and 2 of the first paragraph of section 41 apply, with the necessary modifications, to the application.

1979, c. 71, s. 83; 1997, c. 51, s. 34; 2016, c. 7, s. 39.

84. Under exceptional circumstances, the board, upon production of the relevant documents it may require and upon payment of the duties determined in accordance with the regulations, may temporarily authorize a change of one or all of the places where a permit is used.

That application is examined and decided by preference. The authorization may be renewed for the period fixed by the board.

1979, c. 71, s. 84; 1991, c. 51, s. 18; 1993, c. 39, s. 95; 1997, c. 43, s. 406; 2016, c. 7, s. 40; 2018, c. 20, s. 38.

84.0.1. When major changes are being made to the floor arrangement of a place where a permit is used, the board may, on payment of the duties determined by regulation, temporarily authorize a change of one or all of the places where the permit is used.

A permit holder who applies for an authorization for such a change must comply with the applicable conditions provided in sections 39 and 40.

The authorization may be renewed for the period fixed by the board.

2018, c. 20, s. 39.

§ 3 . — Change of floor arrangement

1997, c. 51, s. 35.

84.1. Any change made to the floor arrangement of a place where a permit authorizing consumption on the premises is used must be authorized by the board.

A permit holder who applies for authorization to make such a change must comply with the applicable conditions provided in sections 39 and 40.

The board shall specify the floor plan considered to grant the authorization.

1997, c. 51, s. 35; 2018, c. 20, s. 40.

DIVISION VI PENALTIES

1997, c. 51, s. 36; 2016, c. 7, s. 72.

85. The board may cancel a permit, an authorization or approval, or an option attached to a permit or suspend it for such period as it may determine, of its own initiative or on the application of the permit holder, the Minister of Public Security, the local municipality in whose territory the permit is used or any other interested person.

1979, c. 71, s. 85; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1993, c. 39, s. 95; 1996, c. 2, s. 760; 1997, c. 51, s. 37; 2018, c. 20, s. 41.

85.1. The board may impose a monetary administrative penalty in an amount prescribed by regulation if

(1)  the permit holder is in contravention of section 72.1 due to a quantity of non-compliant alcoholic beverages not exceeding 4 litres of spirits, 6 litres of wine or 10 litres of beer being found during the same visit;

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

(3)  the permit holder has contravened the second paragraph of section 79 by using a liquor permit without having applied for a temporary authorization to use it despite being required to do so;

(4)  the permit holder did not pay the duties payable for the permit within the time limit set out in section 53; or

(5)  the permit holder is guilty of a failure to comply referred to in the regulation made under paragraph 12 or 15.2 of section 114.

2016, c. 7, s. 73; 2021, c. 15, s. 51; 2018, c. 20, s. 42.

85.2. If a monetary administrative penalty is imposed on a holder for a failure to comply under section 85.1, the board notifies a notice of claim to the holder.

Such a notice must state

(1)  the amount claimed and the reasons for it;

(2)  the terms of payment of the amount claimed;

(3)  the way the notice of claim may be contested; and

(4)  that the holder will be convened to a hearing before the board if the holder fails to pay the amount owed and that this failure could result in the cancellation by operation of law of his permit.

2016, c. 7, s. 73; 2018, c. 20, s. 58.

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.

86.0.1. The board may cancel an authorization or approval or suspend it for the period it determines if the permit holder no longer complies with the conditions attached to it, if it was obtained on false representations or if section 74.1, 75 or 84.1 has been contravened.

In addition, the board may revoke an option attached to a permit or suspend the option for the period it determines if the permit holder no longer fulfils the conditions for obtaining or using the option.

The board may, instead of cancelling or suspending an authorization, approval or option, impose on the permit holder a monetary administrative penalty in an amount not exceeding $10,000.

1997, c. 51, s. 39; 2016, c. 7, s. 75; 2018, c. 20, s. 44.

86.1. (Repealed).

1981, c. 14, s. 59; 1991, c. 51, s. 19.

86.2. When suspending or cancelling a permit, the board may decide that no permit may be issued for the establishment in which the permit was used, for the duration of the suspension or until the expiry of six months from the date of cancellation.

1986, c. 96, s. 29; 1993, c. 39, s. 95; 1996, c. 34, s. 29; 1997, c. 51, s. 40.

86.3. (Repealed).

1997, c. 51, s. 41; 2016, c. 7, s. 76.

87. The board may, in addition to imposing a monetary administrative penalty for contravening sections 70 to 73, 74.1, 82 or 84.1 or for refusing or neglecting to comply with the board’s requirements under section 110, or instead of imposing a monetary administrative penalty or cancelling or suspending a permit for contravening section 75 or 78, order the permit holder to take the necessary corrective measures within the time it specifies or to restrict, for the period it determines, the hours during which the permit may be used.

The board may also issue an order relating to the necessary corrective measures instead of imposing a monetary administrative penalty or cancelling or suspending a permit for a reason set out in subparagraph 2 or 6 of the first paragraph of section 86.

1979, c. 71, s. 87; 1993, c. 39, s. 95; 1997, c. 51, s. 42; 1999, c. 40, s. 210; 2016, c. 7, s. 77; 2018, c. 20, s. 45.

87.1. Where a restriction on the hours during which a permit may be used is imposed under section 87, the holder may, unless it is prohibited by the board in its decision, admit a person to a room, terrace or other place where his permit is used and tolerate his presence there during the hours determined in Division IV of Chapter III if

(1)  no alcoholic beverage is sold or served during the hours subject to the restriction;

(2)  no alcoholic beverage is consumed more than 30 minutes after the beginning of the hours subject to the restriction;

(3)  a device which meets the standards prescribed by regulation is installed, during the hours subject to the restriction, to prevent access to the place where alcoholic beverages are kept.

Failing the device required by subparagraph 3 of the first paragraph, no person may be admitted to the room, terrace or place after the beginning of the hours subject to the restriction or be there more than one hour after the beginning of such hours.

A restriction of the hours during which a permit may be used entails, if applicable, a restriction for the same hours of the use of an authorization granted under section 73 or of the options attached to the permit.

1991, c. 51, s. 20; 1993, c. 39, s. 95; 1996, c. 34, s. 30; 1997, c. 51, s. 43; 2016, c. 7, s. 78; 2018, c. 20, s. 46.

88. (Repealed).

1979, c. 71, s. 88; 1993, c. 39, s. 95; 1996, c. 34, s. 31; 1997, c. 51, s. 44.

89. The board, if it has reasonable ground to believe that a permit holder is contravening an Act or a regulation referred to in section 86, may accept a voluntary undertaking from the holder to comply with that Act or regulation.

1979, c. 71, s. 89; 1993, c. 39, s. 95; 1997, c. 51, s. 45; 2018, c. 20, s. 47.

89.1. Where the board suspends or cancels a permit authorizing alcoholic beverages to be sold or served for consumption on the premises for a reason set out in subparagraph 8 of the first paragraph or in the fourth paragraph of section 86, the board may prohibit the holder from admitting a person to or tolerating the presence of a person in a room or terrace to which the permit applies during the period of suspension of the permit or during a period not exceeding six months from the date of cancellation.

The board shall post the order on the premises to which it applies, along with a notice indicating the penalty to which any offender is liable.

The board may, upon an application, vary its decision where a change in the use of premises occurs.

1997, c. 51, s. 46; 2016, c. 7, s. 79.

89.2. (Repealed).

1997, c. 51, s. 46; 2018, c. 20, s. 48.

90. (Repealed).

1979, c. 71, s. 90; 1993, c. 39, s. 81.

90.1. Where a permit authorizing alcoholic beverages to be sold or served is suspended, the board or, at its request, a member of a police force authorized under section 111 or a member of the Sûreté du Québec, shall put under seal all receptacles containing alcoholic beverages then in the possession of the permit holder.

Upon the application of the permit holder and according to the circumstances and to the duration of the suspension, the board may also authorize the holder to take any conservatory measure which the board deems appropriate.

1986, c. 96, s. 30; 1993, c. 39, s. 95; 1996, c. 34, s. 32.

90.2. Where alcoholic beverages are the subject of a recall order made in accordance with section 35.2.1 of the Act respecting the Société des alcools du Québec (chapter S-13), the board or, at its request, a member of a police force authorized under section 111 or a member of the Sûreté du Québec may put under seal the alcoholic beverages subject to that order that are then in the possession of the permit holder.

2018, c. 20, s. 49.

91. When a permit is cancelled, the board shall seize and confiscate the permit and any alcoholic beverages and receptacles in the possession of the person who held the permit, and hand them over to the Société des alcools du Québec.

At the request of the board, a member of a police force authorized under section 111 or a member of the Sûreté du Québec may seize the alcoholic beverages and their receptacles and hand them over to the Société des alcools du Québec.

1979, c. 71, s. 91; 1986, c. 96, s. 31; 1993, c. 39, s. 95; 1996, c. 34, s. 33.

92. The Société shall establish the value of the alcoholic beverages so seized and confiscated and pay to the person who held the permit the value of these beverages, less transportation costs and an amount of 10% of the first $50,000 and 7.5% of the excess.

1979, c. 71, s. 92.

93. A person whose permit has been cancelled by the board shall not make a new application before the expiry of a period of one year from the cancellation, unless he himself had applied for the cancellation.

1979, c. 71, s. 93; 1993, c. 39, s. 95.

94. Sections 91 to 93 do not apply in the case of alienation or rental of the establishment or retaking possession of the establishment following the exercise of a right to take in payment or the carrying out of a similar agreement, if a new permit is issued for that establishment.

1979, c. 71, s. 94 (part); 1983, c. 28, s. 55; 1991, c. 51, s. 22; 1992, c. 57, s. 638.

94.1. Where a permit holder himself has applied for cancellation of his permit, the board shall remit to the person who held the cancelled permit the portion of the duties paid corresponding to the number of days in which the permit is not used following its cancellation.

1979, c. 71, s. 94 (part); 1983, c. 28, s. 55; 1991, c. 51, s. 22; 1993, c. 39, s. 95; 1993, c. 71, s. 51.

CHAPTER IV PROCEDURE AND PROOF

95. Any application filed with the board, except an application for an event permit or an application referred to in the second paragraph of section 79, must include the processing costs determined by regulation. These costs may vary depending on the type of application and are not reimbursable.

1979, c. 71, s. 95; 1991, c. 51, s. 23; 1997, c. 51, s. 47; 2018, c. 20, s. 50.

96. Upon receiving an application for a permit, an application to attach a “no minors” option to a permit, an application to add a terrace to a permit, an application to change the place where a permit is used, an application to increase by more than one-half the number of persons who may be admitted to one of the places covered by a permit, an application to obtain the authorization to present a show, project a film or dance in one of the places covered by a permit, or an application for a change in hours, the board shall

(1)  cause a notice of the application to be published in at least one newspaper circulated in the local municipal territory where the establishment is to be situated;

(2)  notify the clerk-treasurer or the clerk of the local municipality in whose territory the applicant intends to use his permit and the director of the Sûreté du Québec or of the police force established for that territory and authorized under section 111.

(3)  (subparagraph repealed).

The cost of publication provided for in subparagraph 1 of the first paragraph shall be paid by the applicant in accordance with the modalities determined by the board.

1979, c. 71, s. 96; 1986, c. 58, s. 69; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1991, c. 51, s. 24; 1993, c. 39, s. 95; 1996, c. 2, s. 761; 1997, c. 51, s. 48; 2016, c. 7, s. 41; 2018, c. 20, s. 51; 2021, c. 31, s. 132.

97. Section 96 does not apply to

(1)  an application for an event permit, grocery permit, delivery permit, cider seller’s permit, or winemaking and brewing centre permit;

(1.1)  an application for a restaurant permit with a “caterer” option, if the applicant intends to exercise that option exclusively;

(1.2)  (paragraph replaced).

(2)  an application for a temporary authorization;

(3)  an application for a permit, other than a bar permit, made by reason of the alienation or rental of the establishment or the retaking of possession of the establishment following the exercise of a right to take in payment or the carrying out of a similar agreement, if the permit applied for is of the same class as that which was being used and if there is no application for an additional permit, application to have an option attached to the permit, or application for an additional authorization or place;

(4)  an application for a permit made within 30 days after the board officially ascertained the cancellation pleno jure of a permit, if the application is made by the holder of the permit so cancelled, if the permit applied for is of the same class as that which was being used and there is no application for an additional permit, application to have an option attached to the permit, or application for an additional authorization or place.

1979, c. 71, s. 97; 1983, c. 28, s. 56; 1991, c. 51, s. 25; 1993, c. 39, s. 95; 1992, c. 57, s. 639; 1996, c. 34, s. 34; 1997, c. 51, s. 49; 2016, c. 7, s. 42; 2018, c. 20, s. 52.

The provisions of this section are in force to the extent that they do not cover delivery permits. (See Order in Council 1049-2021 dated 7 July 2021, (2021) 153 G.O. 2, 2761)

98. The notice provided for in section 96 must indicate the name of the applicant, the nature of the application and the place where the permit will be used. The notice must substantially reproduce the first paragraph of section 99 and indicate the address of the office of the board where objections and interventions are to be sent.

1979, c. 71, s. 98; 1993, c. 39, s. 95.

99. Any person, partnership or association within the meaning of the Civil Code may, in a substantiated writing sent to the board, object on grounds other than economic or competitive grounds to an application contemplated in section 96 within 30 days of the publication of the notice contemplated in paragraph 1 of that section or intervene in favour of that application, if an objection has been made, within 45 days of the publication of that notice.

The Minister of Public Security may, within the same period, intervene of right in an application contemplated in section 96.

The board may require of any association referred to in the first paragraph that it establish its representativeness.

1979, c. 71, s. 99; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1993, c. 39, s. 95; 1992, c. 57, s. 640; 1997, c. 51, s. 50; 1997, c. 43, s. 407; 2018, c. 20, s. 53.

100. The board may follow the procedure provided in sections 96, 98 and 99 in other cases where it deems it expedient.

1979, c. 71, s. 100; 1993, c. 39, s. 95.

100.1. If an objection is addressed to it in accordance with section 99, the board shall call a hearing to allow any interested person to make representations.

At least 10 days before the hearing, the board shall send to the applicant and to any person who has filed an objection or an intervention, by registered mail or by service on the person, a notice indicating the date, place and time fixed by it for the holding of the hearing.

1997, c. 43, s. 408; I.N. 2016-01-01 (NCCP).

101. (Repealed).

1979, c. 71, s. 101; 1993, c. 39, s. 81.

102. The board may, upon mere examination of the record,

(1)  grant an application contemplated in section 96, if there is no objection;

(1.1)  reject an objection made under section 99 solely on economic or competitive grounds;

(2)  grant an application for a reduction in the number of persons who may be admitted to an establishment or for the removal of a place from the list of places covered by a permit, or of an option attached to a permit;

(3)  grant an application for a temporary authorization;

(4)  cancel or suspend a permit or an option attached to it, or an authorization or approval upon the application of its holder;

(5)  declare a decision nul if the applicant fails to produce a document required by the board under section 45.

1979, c. 71, s. 102; 1991, c. 51, s. 26; 1993, c. 39, s. 95; 2016, c. 7, s. 43; 2018, c. 20, s. 54.

103. (Repealed).

1979, c. 71, s. 103; 1993, c. 39, s. 95; 1997, c. 43, s. 409.

104. (Repealed).

1979, c. 71, s. 104; 1993, c. 39, s. 81.

104.1. (Repealed).

1986, c. 96, s. 32; 1993, c. 39, s. 81.

105. (Repealed).

1979, c. 71, s. 105; 1997, c. 43, s. 409.

106. (Repealed).

1979, c. 71, s. 106; 1997, c. 43, s. 409.

107. (Repealed).

1979, c. 71, s. 107; 1993, c. 39, s. 81.

108. The board may cancel a decision made under section 45 if the applicant has failed to produce the relevant documents to the satisfaction of the board.

1979, c. 71, s. 108; 1991, c. 51, s. 27; 1993, c. 39, s. 82, s. 95.

109. (Repealed).

1979, c. 71, s. 109; 1993, c. 39, s. 83.

CHAPTER V INVESTIGATION AND INSPECTION

110. The board may require a permit holder to provide any information relating to the application of this Act and the regulations, and to produce any document relating thereto.

It may also require the holder of a permit authorizing alcoholic beverages to be sold or served to furnish to it, within the time it indicates and in respect of the period it determines, a report of his purchases and sales of alcoholic beverages. In the case of the holder of a grocery permit, that report may deal with any product purchased or sold in the grocery.

1979, c. 71, s. 110; 1993, c. 39, s. 95; 1996, c. 34, s. 35.

111. A member of the personnel of the board designated by the chairman or, at the request of the board, a member of a police force authorized for such purpose by the Minister of Public Security or a member of the Sûreté du Québec may, during the business hours of an establishment, enter the establishment and its dependencies and inspect them; he may, in particular, examine the products found there, take samples, require the production of the books and other documents relating to the purchase and sale of alcoholic beverages or of raw materials and equipment used for beer or wine making or, in the case of a grocery, of any product, require any other information or document useful for the application of this Act or the regulations and require any person on the premises to provide him reasonable assistance.

A member of a police force authorized for such purpose by the Minister of Public Security or a member of the Sûreté du Québec may, in the exercise of his functions and to ascertain compliance with this Act and the regulations, stop a vehicle operated on a public highway, if he has reasonable grounds to believe that the vehicle is used by the holder of a permit to deliver alcoholic beverages, inspect any alcoholic beverages that is in the vehicle and examine any document relevant to the application of this Act and the regulations.

1979, c. 71, s. 111; 1983, c. 28, s. 57; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1993, c. 39, s. 95; 1994, c. 26, s. 6; 1996, c. 34, s. 36; 1997, c. 51, s. 51; 2002, c. 58, s. 16.

112. Every person is prohibited from hindering the activities of a person contemplated in section 111 in the exercise of his duties, from misleading him by concealment or false declarations, from refusing to furnish him with information or a document he is entitled to require or examine under this Act or the regulations, or to conceal or destroy a document or property relating to an investigation.

1979, c. 71, s. 112; 1983, c. 28, s. 58.

113. A member of the personnel of the board must, on demand, present a certificate signed by the chairman or the secretary of the board, attesting his capacity.

1979, c. 71, s. 113; 1983, c. 28, s. 59; 1993, c. 39, s. 95.

CHAPTER VI REGULATIONS

113.1. The Government may, by regulation, determine the conditions for obtaining or using a permit that do not apply to one or more classes of permits and, where that is the case, the rules applicable.

It may also determine the cases in which the authorization provided for in section 73 is not required.

2018, c. 20, s. 55.

114. The Government may also, after consulting the board, make regulations

(1)  determining classes of tourist accommodation establishments for the purpose of determining what constitutes a lodging facility;

(1.1)  determining the conditions on and circumstances in which a grocery permit holder may offer free tasting in his establishment of the alcoholic beverages he is entitled to sell;

(2)  prescribing any other permit that may be issued under this Act, specifying the activities involving alcoholic beverages that such a permit authorizes and prescribing the conditions for obtaining and using the permit;

(2.1)  determining the options that may be attached to a permit and specifying the activities such options authorize and the conditions for obtaining or using the options;

(2.2)  determining the conditions for the issue and use of a permit under this Act, and the cases in which and conditions on which an event permit may be issued;

Not in force

(2.3)  determining the conditions on which the holder of a delivery permit issued under this Act may transport alcoholic beverages;

(2.4)  determining the conditions that must be fulfilled to obtain approval for consumption of alcoholic beverages in the common areas in a lodging facility and the conditions for using a vending machine installed inside such a facility;

(2.5)  determining, for the purposes of section 65, the passenger terminals in which permits authorizing the sale or service of alcoholic beverages for consumption on the premises may be used at any time;

(3)  (paragraph repealed);

(3.1)  determining the form and content of permits and prescribing any form intended to facilitate the application of this Act and the regulations thereunder;

(4)  determining the amount of the costs and duties that are payable under this Act or standards permitting to establish such amount and prescribing the terms and conditions of payment;

(5)  (paragraph repealed);

(6)  prescribing, particularly in respect of the surface area, lighting and furnishings, standards of arrangement applicable to establishments and their rooms and terraces, and the standards of arrangement required to allow the presentation of shows, the projection of films, or dancing;

(6.1)  (paragraph repealed);

(7)  prescribing the standards the board must apply to fix the number of persons who may be admitted at one time to an establishment or to each room or on each terrace of the establishment;

(8)  (paragraph repealed);

(9)  determining, for the application of sections 66 to 68, the form and tenor of notices and of price lists;

(10)  prescribing the standards with which the devices contemplated in section 87.1 must comply;

(10.1)  (paragraph repealed);

(11)  determining the form and tenor of the reports the board may require from a permit holder under the second paragraph of section 110;

(12)  establishing standards, limits, restrictions, prohibitions and an approval procedure relating to promotion, advertising and educational programs in respect of alcoholic beverages applicable in whole or in part to persons or categories of persons determined by regulation, determining the failures to comply with that regulation that may give rise to a monetary administrative penalty and establishing the amount for each failure;

(12.1)  controlling the giving of alcoholic beverages by the Société des alcools du Québec, by the holder of a permit issued under this Act or the Act respecting the Société des alcools du Québec (chapter S-13), by the agents or employees thereof or by any agent, broker or mandatary in Québec of a person who makes alcoholic beverages outside Québec;

(13)  prohibiting or governing the granting of an advantage calculated to encourage the sale of alcoholic beverages;

(13.1)  so as not to encourage the irresponsible consumption thereof, determining the minimum retail price of beer, which may vary according to the category of permit or apply only to certain of such categories;

(14)  determining, in the case of a permit used in a means of public transportation or in a trading post, which provisions of this Act, of the regulations and of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) do not apply and, where that is the case, the rules then applicable;

(14.1)  (paragraph repealed);

(15)  (paragraph repealed);

(15.1)  determining the amount of the monetary administrative penalty for each failure to comply provided for in paragraphs 1 to 4 of section 85.1 on the basis of the types of alcoholic beverages and the quantities specified per container or otherwise;

(15.2)  determining when failure to comply with this Act, the Act respecting offences relating to alcoholic beverages and the regulations made under them may be subject to a monetary administrative penalty and determining the amount of such penalty on the basis of the types of alcoholic beverages and the quantities specified per container or otherwise; and

(16)  providing any other measure useful to the application of this Act.

1979, c. 71, s. 114; 1983, c. 28, s. 60; 1986, c. 95, s. 211; 1990, c. 67, s. 6; 1991, c. 31, s. 3; 1991, c. 51, s. 28; 1993, c. 39, s. 84, s. 95; 1993, c. 71, s. 52; 1997, c. 51, s. 52; 1999, c. 20, s. 3; 2002, c. 58, s. 17; 2016, c. 7, s. 80; 2018, c. 20, s. 56.

115. (Repealed).

1979, c. 71, s. 115; 1993, c. 39, s. 85.

116. (Repealed).

1979, c. 71, s. 116; 1993, c. 39, s. 95; 2018, c. 20, s. 57.

116.1. (Repealed).

1986, c. 58, s. 70; 1990, c. 67, s. 7.

117. (Repealed).

1979, c. 71, s. 117; 1990, c. 67, s. 7.

117.1. (Repealed).

1986, c. 58, s. 71; 1990, c. 67, s. 7.

117.2. (Repealed).

1986, c. 58, s. 71; 1991, c. 51, s. 29.

CHAPTER VII ACT RESPECTING OFFENCES RELATING TO ALCOHOLIC BEVERAGES

118. (Amendment integrated into c. I-8.1, Title).

1979, c. 71, s. 118.

119. (Amendment integrated into c. I-8.1, s. 2).

1979, c. 71, s. 119.

120. (Amendment integrated into c. I-8.1).

1979, c. 71, s. 120.

121. (Amendment integrated into c. I-8.1, s. 81).

1979, c. 71, s. 121.

122. (Omitted).

1979, c. 71, s. 122.

123. (Amendment integrated into c. I-8.1, s. 84).

1979, c. 71, s. 123.

124. (Amendment integrated into c. I-8.1, s. 84.1).

1979, c. 71, s. 124.

125. (Amendment integrated into c. I-8.1, s. 85).

1979, c. 71, s. 125.

126. (Omitted).

1979, c. 71, s. 126.

127. (Amendment integrated into c. I-8.1, s. 87).

1979, c. 71, s. 127.

128. (Amendment integrated into c. I-8.1, Division XI.1, ss. 103.1-103.9).

1979, c. 71, s. 128.

129. (Amendment integrated into c. I-8.1, s. 104).

1979, c. 71, s. 129.

130. (Omitted).

1979, c. 71, s. 130.

131. (Omitted).

1979, c. 71, s. 131.

132. (Amendment integrated into chapter I-8.1, s. 109).

1979, c. 71, s. 132.

133. (Amendment integrated into chapter I-8.1, s. 110).

1979, c. 71, s. 133.

134. (Amendment integrated into c. I-8.1, ss. 110.1-110.2).

1979, c. 71, s. 134.

135. (Amendment integrated into chapter I-8.1, s. 112).

1979, c. 71, s. 135.

136. (Amendment integrated into c. I-8.1, s. 118).

1979, c. 71, s. 136.

137. (Amendment integrated into c. I-8.1, s. 119).

1979, c. 71, s. 137.

138. (Amendment integrated into c. I-8.1, s. 122).

1979, c. 71, s. 138.

139. (Amendment integrated into c. I-8.1, s. 129).

1979, c. 71, s. 139.

140. (Amendment integrated into c. I-8.1, s. 134).

1979, c. 71, s. 140.

141. (Amendment integrated into c. I-8.1, s. 146).

1979, c. 71, s. 141.

142. (Amendment integrated into c. I-8.1, s. 153).

1979, c. 71, s. 142.

143. (Omitted).

1979, c. 71, s. 143.

144. (Omitted).

1979, c. 71, s. 144.

145. (Omitted).

1979, c. 71, s. 145.

146. (Amendment integrated into c. I-8.1).

1979, c. 71, s. 146.

147. (Amendment integrated into c. I-8.1).

1979, c. 71, s. 147.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

148. The Régie des permis d’alcool du Québec acquires the rights of the Commission de contrôle des permis d’alcool du Québec and assumes the obligations thereof.

The Régie is authorized to use any document or means of identification already drawn up in the name of the Commission de contrôle des permis d’alcool du Québec, until it is able to replace it by documents or means of identification drawn up in the name of the Régie des permis d’alcool du Québec.

1979, c. 71, s. 148.

149. The secretary-general and the members of the personnel of the Commission de contrôle des permis d’alcool du Québec in office at the coming into force of this section become, respectively, the secretary and the members of the personnel of the Régie.

1979, c. 71, s. 149.

150. This Act and the Act respecting offences relating to alcoholic beverages apply in respect of a permit issued before the coming into force of this section, as if it were a permit issued by the Régie under this Act.

However, the rules respecting the conditions of use of an Olympic Stadium permit, a hunting or fishing lodge permit, a public carrier permit, a trading post permit or a reception permit, which were in force before the coming into force of this section, continue to apply until the date provided for in section 151.

1979, c. 71, s. 150.

151. A permit issued by the Commission de contrôle des permis d’alcool du Québec or by the Régie is, in 1981, renewable by the Régie in accordance with this Act on the first day of the month of birth of the holder of the permit.

Notwithstanding the first paragraph, a reception permit or a reunion permit remains in force until its date of expiry and shall not be renewed.

1979, c. 71, s. 151.

152. Upon a renewal contemplated in section 151,

(1)  a hunting or fishing lodge permit, a public carrier permit or a trading post permit is converted by the Régie to a permit of the appropriate class provided for by this Act, according to what the permit authorizes;

(2)  a permit held by a natural person for the benefit of a third person is renewed in the name of the person who intends to use it;

(3)  an Olympic Stadium permit is converted to an “Olympic Grounds” permit.

1979, c. 71, s. 152.

153. The date on which a permit is renewed in accordance with section 151 is deemed to be the date on which it was obtained.

That permit is renewed for two years if the permit holder was born in an odd year and for one year if the holder was born in an even year.

1979, c. 71, s. 153.

154. The Government shall determine by regulation the duties payable upon a renewal provided for by section 151. That regulation comes into force on the date of its publication in the Gazette officielle du Québec.

1979, c. 71, s. 154.

155. The Régie shall compute the duties payable by each holder whose permit is renewed in accordance with section 151 in proportion to the duration of renewal of the permit.

1979, c. 71, s. 155.

156. At least two months before the date provided for in section 151 but not later than 1 March 1981, the Régie shall send a notice to a permit holder informing him of the date and duration of renewal of his permit, of the duties he must pay and of his obligation to do so at least ten days before the date of renewal.

Furthermore, if the renewal of a permit takes place

(1)  on 1 January, February, March or April 1981, the Régie shall credit to the permit holder the amount he has already paid upon the issue or the last renewal of the permit for the period comprised between the date of renewal and 30 April 1981;

(2)  on 1 June, July, August, September, October, November or December 1981, the Régie shall indicate the supplementary duties the holder must pay to maintain his permit in force for the period from 1 May 1981 to the date of renewal of the permit, and his obligation to pay these duties at least ten days before 1 May 1981, under pain of cancellation of the permit on that date.

Section 53 applies, with the necessary modifications, if a permit holder does not pay the prescribed duties within the allotted time. The date of expiry of the permit is then deemed to be the date provided for the renewal, or 1 May 1981 in the case contemplated in paragraph 2 of the second paragraph.

1979, c. 71, s. 156.

157. The holder of a permit authorizing the sale of alcoholic beverages for consumption on the premises must, within thirty days of the coming into force of section 71, forward in writing to the Régie the information prescribed by section 71 if a person is entrusted with the management of his establishment.

1979, c. 71, s. 157.

158. Matters pending at the coming into force of this section are continued and decided by the Régie in accordance with this Act.

Within thirty days after the sending of a notice of the Régie to that effect, an application for a permit must, under pain of being dismissed, be amended in the following manner:

(1)  in the case of an application for a hunting or fishing lodge permit, a trading post permit or a public carrier permit, the applicant must amend it so as to make it conform with the classes established by section 25;

(2)  in the case of an application made by a natural person for the benefit of a third person, the latter person must take the place of the applicant.

An application for a reception permit is deemed to be an application for a reunion permit, and an application for an Olympic Stadium Permit is deemed to be an application for an “Olympic Grounds” permit.

Nothing in this section has the effect of shortening any period that may have begun to run nor of invalidating what may have already been validly done.

1979, c. 71, s. 158.

159. Regulations made under the Act respecting the Commission de contrôle des permis d’alcool in force at the coming into force of this section continue to be in force to the extent that they are not inconsistent with this Act or a regulation made thereunder, until they are repealed or replaced in accordance with this Act or, in the case of a regulation determining the duties to be collected by the Société, in accordance with the Act respecting the Société des alcools du Québec (chapter S-13).

However, Sections I and II of Part II of the regulations adopted by Order in Council 2658 of 28 July 1971, as amended to 31 May 1980, remain in force until 17 November 1981. From 18 November 1981, they are repealed with the exception of the first paragraph of subsection 4 and subsections 5, 6 and 7 of the said Section II which remain in force until they are repealed or replaced in accordance with the Act respecting the Société des alcools du Québec.

1979, c. 71, s. 159; 1982, c. 4, s. 9.

160. In any Act, regulation, order in council, contract or document,

(1)  a reference to a provision of the Act respecting the Commission de contrôle des permis d’alcool is a reference to the equivalent provision of this Act or the Act respecting offences relating to alcoholic beverages, if such a provision exists;

(2)  the expressions “Commission de contrôle des permis d’alcool” and “Commission de contrôle des permis d’alcool du Québec” are replaced by the expression “Régie des permis d’alcool du Québec”;

(3)  the word “Commission”, where it designates the Commission de contrôle des permis d’alcool du Québec, is replaced by the word “Régie”;

(4)  the word “commissioner”, where it designates a member of the Commission de contrôle des permis d’alcool du Québec, is replaced by the word “director”; and

(5)  the expression “secretary-general”, where it designates the secretary-general of the Commission de contrôle des permis d’alcool du Québec, is replaced by the word “secretary”.

1979, c. 71, s. 160.

160.1. In addition to the permits mentioned in section 25, the Régie may issue “Québec 1534-1984” permits.

A permit issued under this section authorizes the sale, for consumption on the premises, of the alcoholic beverages indicated on the permit, from 15 June to 4 September 1984, and at the place designated on the permit when that is situated, in the city of Québec, on any part of the site of the Vieux Port de Québec, if access to the site is controlled by the Québec 1534-1984 corporation and the Canada Lands Company (Vieux Port de Québec) Inc. or, in the city of Lévis, on any part of the site known as the “Quai Paquet” if access to the site is controlled by the Québec 1534-1984 corporation. A person requesting such a permit is required to have obtained the approval of the Québec 1534-1984 corporation.

The permit may be operated in a room or on a terrace even if another permit authorizing consumption on the premises is in use there. In such a case, the operating conditions applicable to the “Québec 1534-1984” permit prevail for the duration of the permit.

The provisions of any Act and of any regulation applicable to a “Man and his World” permit apply, with the necessary modifications, to a “Québec 1534-1984” permit.

1984, c. 9, s. 1.

160.2. Despite subparagraph 5 of the first paragraph of section 39, any person who, between 7 May 2015 and 1 May 2020, obtained a reunion permit authorizing the serving of alcoholic beverages must pay to the board a duty of $47 per day of use, up to a maximum of six times the amount prescribed for a day of use, for each room or terrace where the permit will be used.

2020, c. 5, s. 235.

160.3. Despite subparagraph 5 of the first paragraph of section 39 and subject to the second and third paragraphs of this section, any person who, between 7 May 2015 and 1 May 2020, obtained a reunion permit authorizing the sale of alcoholic beverages must pay to the board a duty of $91 per day of use, up to a maximum of five times the amount prescribed for a day of use, for each room or terrace where the permit will be used.

However, 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 under 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 agent or representative of a person under subparagraph 3 of the first paragraph of section 23.1 of that Regulation must pay to the board the following duties for the permit:

(1)  $217 per day of use, if there are seven or fewer persons represented; or

(2)  $435 per day of use, if there are eight or more persons represented.

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

2020, c. 5, s. 235.

160.4. The duties paid for the issue of a reunion permit under section 3 of the Regulation respecting duties and costs payable under the Act respecting liquor permits (chapter P-9.1, r. 3), as it read between 7 May 2015 and 1 May 2020, are deemed to have been paid under sections 160.2 and 160.3, as the case may be.

Subject to section 87 of the Indian Act (R.S.C. 1985, c. I-5), section 188 of the Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18) and section 15 of the Cree Nation of Eeyou Istchee Governance Agreement Act (S.C. 2018, c. 4, s. 1), the amounts paid as duties under that Regulation during the period provided for in the first paragraph are deemed to be duties validly collected under that paragraph. Those amounts belong to the Government.

2020, c. 5, s. 235.

161. (Omitted).

1979, c. 71, s. 161.

162. (Omitted).

1979, c. 71, s. 162.

163. (Omitted).

1979, c. 71, s. 163.

164. (Amendment integrated into c. R-12, s. 55).

1979, c. 71, s. 164.

165. (Amendment integrated into c. T-16, s. 82).

1979, c. 71, s. 165.

166. (Omitted).

1979, c. 71, s. 166.

167. (Amendment integrated into c. S-13, s. 1).

1979, c. 71, s. 167.

168. (Amendment integrated into c. S-13, s. 37).

1979, c. 71, s. 168.

169. (Omitted).

1979, c. 71, s. 169.

170. (Amendment integrated into c. C-64.1, appendix 2).

1979, c. 71, s. 170.

171. (Repealed).

1979, c. 71, s. 171; 1985, c. 30, s. 65.

172. Section 164 does not affect the right of a member of the Commission de contrôle des permis d’alcool du Québec who was contributing to the Government and Public Employees Retirement Plan on 31 October 1979 to continue to participate in that plan as a civil servant or to benefit by all the advantages provided by that plan.

1979, c. 71, s. 172.

172.1. A person who, on 15 October 1980, was holding a grocery permit issued pursuant to the fourth paragraph of section 20 of the Act respecting the Commission de contrôle des permis d’alcool (chapter C-33) may continue to use the permit, in accordance with this paragraph, and have it renewed.

This section, however, ceases to have effect if the grocery permit is cancelled.

1981, c. 14, s. 60.

172.2. In addition to the costs and duties payable under this Act, the holder of a brewer’s permit shall pay a duty equal to 13.4% of the value of the wine on tap he buys for the purposes of resale; such additional duty shall be collected by the Société des alcools du Québec.

1982, c. 4, s. 10.

Section 172.2 applies to the period beginning on 15 October 1980 and ending on 17 November 1981. (1982, c. 4, s. 10, subs. 2).

173. The sums required for the application of this Act are taken for the fiscal periods 1980-1981 and 1981-1982 out of the Consolidated Revenue Fund and, for subsequent fiscal periods, out of the moneys granted each year by Parliament for that purpose.

1979, c. 71, s. 173.

174. (Repealed).

1979, c. 71, s. 174; 1990, c. 4, s. 634.

175. The Minister of Public Security is responsible for the application of this Act.

1979, c. 71, s. 175; 1986, c. 86, s. 38; 1988, c. 46, s. 24.

176. (Omitted).

1979, c. 71, s. 176.

177. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 71 of the statutes of 1979, in force on 1 November 1980, is repealed, except sections 166 and 176, effective from the coming into force of chapter P-9.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 48, 49, the first paragraph of section 51, section 129, paragraph 7 enacted by paragraph 3 of section 132, paragraph 5 enacted by paragraph 1 of section 133 and paragraph 9 enacted by section 135 of chapter 71 of the statutes of 1979, in force on 31 December 1981, are repealed effective from the coming into force of the updating to 31 December 1981 of chapter P-9.1 of the Revised Statutes.