P-9.1, r. 5 - Regulation respecting liquor permits

À jour au 12 juin 2018

Ce document a valeur officielle.

chapter P-9.1, r. 5

Regulation respecting liquor permits

Act respecting liquor permits

(chapter P-9.1, s. 114).

DIVISION I INTERPRETATION

1. In this Regulation, unless the context indicates otherwise, the word “Act” means the Act respecting liquor permits (chapter P-9.1).

Decision 83-08-05, s. 1.

DIVISION II APPLICATION FOR A PERMIT OR APPLICATION FOR AN AUTHORIZATION PRESCRIBED BY THE ACT

2. A person who wishes to submit an application for a permit or an application for an authorization shall do so on the appropriate form prescribed by the Régie des alcools, des courses et des jeux.

Decision 83-08-05, s. 2.

3. When applying for a permit, the applicant shall submit the form duly completed with the following documents:

(1)  if the applicant was born in Canada, a copy of his act of birth certified and signed by a depositary of registers of acts of civil status or a copy of his act of birth issued by the Ministère de la Santé et des Services sociaux;

(2)  if the applicant is a Canadian citizen by naturalization, a written attestation by the Department of Immigration of Canada that he is a Canadian citizen by naturalization;

(3)  if the applicant is not a Canadian citizen, a sworn declaration stating that he has been resident in Québec for at least 1 year;

(4)  if the applicant is a legal person, the certificate of constitution as well as the form indicating the membership of the board of directors and a declaration filed with the enterprise registrar of any other name used in Québec. Where the legal person’s name includes a term corresponding to a class of permit issued under the Act respecting liquor permits (chapter P-9.1), that term shall correctly reflect the term used to designate the class of permit applied for;

(5)  if the applicant is a cooperative association or a cooperative agricultural association constituted under the cooperatives Act (chapter C-67.2), written proof of its formation issued by the competent authority;

(6)  where the applicant is a partnership or a natural person submits an application, a copy of the declaration of registration filed with the enterprise registrar.

Where the declaration includes a term corresponding to a class of permit issued under the Act, that term shall correctly reflect the term used to designate the class of permit applied for;

(7)  a detailed plan of the room or the terrace where the applicant intends to use his permit, approved by an engineer, an architect, the municipality where the establishment is situated, the dimensions being shown on the plan;

(8)  a photograph of the building and of the room or terrace where the permit will be used;

(9)  proof that the applicant holds, where applicable, a classification certificate issued under the Act respecting tourist accommodation establishments (chapter E-14.2), or a written commitment to obtain such a certificate.

This section does not apply to an application for a reunion permit.

Decision 83-08-05, s. 3; O.C. 1056-90, s. 1; O.C. 1118-92, s. 1; O.C. 1042-2006, s. 15.

3.1. Where an application for a permit is submitted because of an increase in the number of persons who may be admitted at one time, as determined by the board, the person submitting the application shall attach to it a detailed plan of the room or terrace approved in accordance with subparagraph 7 of section 3 and showing the alterations that justify the application.

O.C. 1118-92, s. 2.

4. Where the applicant is a partnership or a legal person not listed on a Canadian stock exchange, it shall also furnish for each partner or director of the legal person and for each shareholder holding 10% or more of the shares with full voting rights, a photocopy of the documents prescribed by subparagraph 1, 2 or 3 of section 3, whichever applies.

Decision 83-08-05, s. 4; O.C. 1042-2006, s. 15.

4.1. Where a person applies for a permit following the transfer of an establishment for which a permit is already in force, the application shall be accompanied, when submitted to the board, by the title deed of the stock in trade, by the costs for examination provided for in section 7 of the Regulation respecting the duties and costs payable under the Act respecting liquor permits (chapter P-9.1, r. 3) and, where applicable, by the duties payable to obtain temporary authorization to use that permit, as provided for in section 5 of that Regulation.

O.C. 1118-92, s. 3.

5. Where a person applies for a permit following an assignment of the establishment in which a permit is being used, and there is no change in the arrangement of the room or terrace where the permit is used, the board may accept an affidavit to the effect that the establishment has not changed, instead of requiring the detailed plan prescribed by subparagraph 7 of section 3.

Decision 83-08-05, s. 5; O.C. 1056-90, s. 2.

5.1. Where an application for a permit is submitted for an air carrier, the applicant shall submit to the board an affidavit indicating the number of aircraft in the fleet.

The holder of a permit used by an air carrier shall inform the board, by means of an affidavit, of any change in the number of aircraft in the fleet during the period for payment of the annual duties applicable to the permit.

O.C. 1118-92, s. 4; I.N. 2016-01-01 (NCCP).

DIVISION III APPLICATION FOR AUTHORIZATION FOR TEMPORARY USE OF A PERMIT

6. Where a person wishes to obtain the authorization for temporary use of a permit described in section 79 of the Act, the board may require the following documents:

(1)  if the applicant is a liquidator of a succession:

(a)  the certificate attesting to the death of the permit holder;

(b)  the document prescribed by subparagraph 1, 2 or 3 of section 3; and

(c)  an authentic copy of the will establishing his capacity as liquidator of the succession;

(2)  if the applicant is a bankruptcy trustee, written proof of his appointment and his mandate;

(3)  if the applicant is a judicial or conventional sequestrator, a copy of the deed or court judgment by which he was appointed;

(4)  if the applicant is a trustee, a copy of the deed or the court judgement by which he was appointed.

Decision 83-08-05, s. 6.

7. An application for authorization described in section 6 shall be made without delay.

Decision 83-08-05, s. 7.

DIVISION IV GROCERY PERMITS

8. In this section, “food” means any product used to feed any person, except beer, wine or cider.

The conditions which an applicant must fulfil in order that his establishment be considered a grocery are as follows:

(1)  the store must display an assortment of foods having a value of at least $3,000, computed on the retail price of those foods;

(2)  the assortment of foods must represent at least 51% of the products displayed in the store.

An applicant must submit to the board, at the time of his application for a permit, a statement showing the merchandise on display meeting the requirements mentioned in subparagraphs 1 and 2. The board may require photographs of the display.

Decision 83-08-05, s. 8; O.C. 1056-90, s. 3.

9. No grocery permit may be used in a room where a business for which a liquor permit in another category has been issued or a business that is likely to apply for a liquor permit in another category.

Decision 83-08-05, s. 9.

10. Where another business is operated in a room where a grocery permit is used, each business must keep separate accounting and any sum of money obtained from the sales of each business must be readily identifiable.

Decision 83-08-05, s. 10.

11. (Revoked).

Decision 83-08-05, s. 11; O.C. 1056-90, s. 4.

DIVISION V REUNION PERMITS

§ 1 . — General provisions

12. A reunion permit to sell or serve alcoholic beverages may be issued to a person only for a social, cultural, educational or sporting event if the person meets the requirements of this Division.

A natural person who meets the requirements may also obtain such a permit for a family event.

For the purposes of the first paragraph, an event may consist of 2 or more activities that take place during the period determined by the board under section 33 of the Act.

Decision 83-08-05, s. 12; O.C. 1042-2006, s. 1.

13. A reunion permit may be issued even if the proposed use of the permit constitutes an operation for which another permit could be issued, provided that the operation does not constitute the main activity of the person applying for the permit.

In such a case, the board shall take into account the nature and use of the place of the proposed operation, the nature and frequency of the activities planned and the persons who are to participate therein.

Decision 83-08-05, s. 13; O.C. 1042-2006, s. 1.

14. A reunion permit to sell includes the right to serve alcoholic beverages without charge.

A reunion permit to serve does not include the right to sell alcoholic beverages.

Decision 83-08-05, s. 14.

15. Any applicant for a reunion permit must establish that he is the owner or lessee of the room or terrace where the event is to be held or that he is expressly authorized by the owner or the lessee of the room or terrace to use the place in question without charge.

Decision 83-08-05, s. 15; O.C. 1042-2006, s. 3.

15.1. A holder of a reunion permit must purchase the beer he intends to sell or serve without charge directly from a holder of a grocery permit or a holder of a small-scale beer producer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13).

O.C. 1529-91, s. 1; O.C. 1042-2006, s. 4; S.Q. 2018, c. 20, s. 124.

16. No reunion permit may be used in an establishment whose permit has been cancelled within the 6 months following the date of the cancellation, or in an establishment whose permit has been suspended, as long as the suspension is in force, except in the case where a cancellation or suspension has been requested by the permit holder or in the case of a cancellation covered by section 55 of the Act.

Decision 83-08-05, s. 16; O.C. 1056-90, s. 5; O.C. 1042-2006, s. 5.

17. (Revoked).

Decision 83-08-05, s. 17; O.C. 1042-2006, s. 6.

18. (Revoked).

Decision 83-08-05, s. 18; O.C. 1042-2006, s. 6.

19. In spite of the provisions of this Division, the board may:

(1)  issue a reunion permit to a diplomat, a consul or a member of the International Civil Aviation Organization who applies for it to serve alcoholic beverages outside his establislhment or his residence;

(2)  issue a reunion permit to a person who uses a permit entitling him to sell alcoholic beverages for consumption on the premises provided that he uses the reunion permit in the manner prescribed for a reception in section 68 of the Act, whether the reunion takes place inside or outside his establishment.

Decision 83-08-05, s. 19; O.C. 2619-83, s. 1.

§ 2 . — Reunion permit to sell

20. Subject to sections 12 to 19, a reunion permit to sell may be issued to a natural person if the natural person meets the following conditions:

(1)  he is a member of the group having an interest in the event for which the permit is requested;

(2)  he is not a caterer or an owner of a hall for receptions;

(3)  he does not intend to make any profit on the occasion of the event;

(4)  he sends an application to the board at least 15 days before the date of the event for which the permit is applied for or, if the event consists of 2 or more activities, at least 15 days before the date of the first activity.

Decision 83-08-05, s. 20; O.C. 1042-2006, s. 7; O.C. 240-2014, s. 1.

21. Subject to sections 12 to 19, a reunion permit to sell may be issued to a legal person if the legal person meets the following conditions:

(1)  it is a non-profit legal person under its constituting Act and its income may not be used directly or indirectly for the benefit of its members;

(2)  the profits from the event for which the permit is applied for, including any entry fees or admission charges, must be used only to achieve the purposes of the legal person or to achieve the purposes of another non-profit legal person;

(3)  it sends its application to the board at least 15 days before the date of the event for which the permit is applied for or, if the event consists of 2 or more activities, at least 15 days before the date of the first activity.

If the profits from the event must be used to achieve the purposes of another non-profit legal person, that legal person must have an establishment in Québec and the applicant must attach to the application a copy of the agreement entered into with that legal person attesting that the profits will be paid to it.

Decision 83-08-05, s. 21; O.C. 1042-2006, s. 8.

22. No natural person may apply for a reunion permit to sell for the purpose of a family event unless he has a direct interest therein and is a relation or connection of the person in favour of whom the event is held and unless the price demanded for the alcoholic beverage is used only to cover the costs of the event.

Decision 83-08-05, s. 22; O.C. 1042-2006, s. 9.

23. (Revoked).

Decision 83-08-05, s. 23; O.C. 1042-2006, s. 10.

23.1. The board may issue a reunion permit to sell on the premises of a tasting show or exhibition that is intended, in whole or in part, for the presentation and discovery of alcoholic beverages, to each participant in the event, which may be

(1)  a manufacturer of alcoholic beverages, holding a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13);

(2)  a supplier of alcoholic beverages to the Société des alcools du Québec; or

(3)  the agent or representative of a person referred to in subparagraph 1 or 2, in which case the reunion permit is also deemed to cover the person represented.

Participants are allowed to make profits during such an event.

O.C. 1529-91, s. 2; O.C. 240-2014, s. 2.

23.2. The board may issue to a non-profit legal person a reunion permit to sell on the premises of a tasting show or exhibition that is intended, in whole or in part, for the presentation and discovery of alcoholic beverages.

If a person referred to in section 23.1 wishes to sell alcoholic beverages during that event, the board issues to the person a reunion permit for the duration of the person’s participation in the event.

The non-profit legal person is allowed to make profits during such an event, but they may not be used for the purposes of promoting or marketing the alcoholic beverages.

For each tasting show or exhibition, the non-profit legal person holding a reunion permit must keep a report on the use of the profits. If the profits from the event have been transferred to another non-profit legal person, the permit holder must obtain from that other non-profit legal person an attestation showing the amount received, the date of receipt and how the profits are used.

The permit holder must, within 30 days from a request made by the board, send the report on the use of the profits and, where applicable, the attestation confirming that the profits have been transferred.

O.C. 240-2014, s. 2.

24. Notwithstanding paragraph 4 of section 20 and paragraph 3 of section 21, the board may issue a reunion permit to sell if the applicant establishes that it is impossible to apply within the time limit.

Decision 83-08-05, s. 24.

25. (Revoked).

Decision 83-08-05, s. 25; O.C. 1042-2006, s. 10.

§ 3 . — Reunion permit to serve

26. A reunion permit to serve authorizes its holder to allow the consumption of alcoholic beverages brought by participants to the event or to serve alcoholic beverages without charge if the event takes place outside the holder’s residence or a business establishment of the holder where a permit is not in use.

Decision 83-08-05, s. 26; O.C. 1042-2006, s. 11.

27. Subject to sections 12 to 19, a reunion permit to serve may be issued to a natural person or a legal person if the person meets the following conditions:

(1)  in the case of a sporting event, the permit may be applied for only for sporting competitions during which there is no form of betting and no purses are awarded;

(2)  the person must not charge an entry fee or admission charge for the event;

(3)  the person must not make any profit from the event;

(4)  the person sends an application to the board at least 15 days before the date of the event for which the permit is applied for or, if the event consists of 2 or more activities, at least 15 days before the date of the first activity.

Decision 83-08-05, s. 27; O.C. 1042-2006, s. 12.

28. Notwithstanding paragraph 4 of section 27, the board may issue a reunion permit to serve if the applicant establishes that it was impossible to apply within the time limit.

Decision 83-08-05, s. 28.

29. (Revoked).

Decision 83-08-05, s. 29; O.C. 1042-2006, s. 13.

DIVISION VI CLUB PERMIT

30. The board will issue a club permit only to a person who meets the following conditions:

(1)  it must be a non-profit legal person under its constituting Act;

(2)  it must operate an establishment solely for its members and their guests, without any intention of making a pecuniary gain for any of its members;

(3)  it must be a legal person having at least 100 members in good standing, having paid and being required to pay an annual fee of at least $25, the whole duly attested to at the board by an accountant governed by the Professional Code (chapter C-26);

(4)  it must have made by-laws providing:

(a)  that admission of a person as a member of the club must be subject to the approval of the board of directors;

(b)  that an annual membership card be issued;

(c)  that use of the club services is restricted to club members in good standing and their guests;

(d)  that any person who is not a member must, in order to use the club services, be accompanied by at least one club member in good standing who is not an employee of the club;

(e)  that no member of the club board of directors, or its president, vice-president, secretary or treasurer be a salaried employee of the club; and

(f)  that the club premises may not be used for receptions except for:

i.  a reception organized by the club itself for its members and guests; or

ii.  a reception organized by a member for the advantage of a relation or connection of a member.

Decision 83-08-05, s. 30; O.C. 1042-2006, s. 14.

31. In the case of a snowmobile club, it must have been recognized in accordance with the regulations made under the Transport Act (chapter T-12).

Decision 83-08-05, s. 31.

32. The holding of a reception described in subparagraphs i and ii of paragraph f of paragraph 4 of section 30 may not be done so as to constitute a commercial operation of the club permit.

Decision 83-08-05, s. 32.

DIVISION VI.I ADMINISTRATIVE MONETARY PENALTIES

O.C. 883-2017, s. 1.

§ 1 . — Determination of the amounts (paragraphs 1 to 4 of section 85.1 of the Act)

O.C. 883-2017, s. 1.

32.1. Permit holders who have contravened section 72.1 of the Act due to a quantity of non-compliant alcoholic beverages not exceeding 3 litres of spirits, 6 litres of wine or 10 litres of beer are required to pay an administrative monetary penalty of

(1)  $500 if the quantity of alcoholic beverages is

(a)  1 litre or less of spirits;

(b)  2 litres or less of wine;

(c)  3 litres or less of beer;

(2)  $1,000 if the quantity of alcoholic beverages is

(a)  greater than 1 litre of spirits, but not exceeding 2 litres;

(b)  greater that 2 litres of wine, but not exceeding 4 litres;

(c)  greater than 3 litres of beer, but not exceeding 6 litres;

(3)  $2,000 if the quantity of alcoholic beverages is

(a)  greater than 2 litres of spirits, but not exceeding 3 litres;

(b)  greater that 4 litres of wine, but not exceeding 6 litres;

(c)  greater than 6 litres of beer, but not exceeding 10 litres.

O.C. 883-2017, s. 1.

32.2. Permit holders who kept or allowed to be kept in their establishment 10 or fewer containers of alcoholic beverages containing an insect, unless that insect is an ingredient used in making those alcoholic beverages, are required to pay an administrative monetary penalty of

(1)  $300 if the quantity is 5 containers of alcoholic beverages or less;

(2)  $600 if the quantity is 6 to 10 containers of alcoholic beverages.

O.C. 883-2017, s. 1.

32.3. Permit holders who have contravened the second paragraph of section 79 of the Act by using a liquor permit without having applied for a temporary authorization to use it despite being required to do so are required to pay an administrative monetary penalty of $500.

O.C. 883-2017, s. 1.

32.4. Permit holders who have not paid the duties payable for the permit within the time limit set out in section 53 of the Act are required to pay an administrative monetary penalty of $75.

O.C. 883-2017, s. 1.

§ 2 . — Determination of failures and amounts (paragraph 5 of section 85.1 of the Act)

O.C. 883-2017, s. 1.

32.5. Permit holders who have contravened section 72.1 of the Act due to a quantity of non-compliant alcoholic beverages not exceeding 6 litres of cider or of an alcoholic beverage not referred to in section 32.1 are required to pay an administrative monetary penalty of

(1)  $500 if the quantity of alcoholic beverages is 2 litres or less;

(2)  $1,000 if the quantity of alcoholic beverages is greater than 2 litres, but not exceeding 4 litres;

(3)  $2,000 if the quantity of alcoholic beverages is greater than 4 litres, but not exceeding 6 litres.

O.C. 883-2017, s. 1.

32.6. The following failures result in the payment of an administrative monetary penalty of $200:

(1)  permit holders who have contravened section 66 of the Act

(a)  by failing to post, in public view, the permit at the main entrance of the establishment concerned by the permit; or

(b)  by failing to post the price list of the alcoholic beverages sold, if the permit entitles them to sell alcoholic beverages for consumption on the premises, or of the beer sold, if they have a grocery permit;

(2)  permit holders who have contravened section 67 of the Act by failing to post in public view, at the entrance to the room or terrace where the permit is used, a notice indicating the amount of a minimum charge giving the right to one drink or an admission fee where they impose such charge or fee;

(3)  permit holders who have contravened section 68 of the Act by failing to post in public view, at the entrance to the room or terrace of their establishment, a notice indicating the holding of a reception access to which is restricted to a group of persons;

(4)  permit holders who have contravened section 70 of the Act by failing to keep vouchers of the purchases of alcoholic beverages;

(5)  permit holders who have contravened section 74.1 of the Act by failing to keep, in the establishment where they use their permit, the floor plan of the room or terrace where the activity is authorized, certified by the board pursuant to the second paragraph of section 74 of the Act or the third paragraph of section 84.1;

(6)  holders of a permit for consumption of alcoholic beverages on the premises who did not have a system for providing full lighting throughout the premises in emergencies or when needed contrary to section 5 of the Regulation respecting lay-out standards for establishments (chapter P-9.1, r. 4).

O.C. 883-2017, s. 1.

32.7. The following failures result in the payment of an administrative monetary penalty of $500:

(1)  holders of a grocery permit who have contravened the first paragraph of section 31 of the Act by allowing consumption of alcoholic beverages in their establishment and its dependencies where it was not a tasting authorized under the second paragraph of that section;

(2)  permit holders who admitted simultaneously to a room or a terrace of their establishment where their permit is used more persons than the number determined by the board under section 46.1 of the Act, to the extent that the number of persons does not exceed by more than 25% the capacity permitted and does not exceed the evacuation capacity;

(3)  permit holders who have contravened section 62 of the Act without complying with the conditions provided for in section 63 of the Act

(a)  by admitting a person to a room or a terrace where a permit authorizing alcoholic beverages to be sold or served is used outside the hours during which the permit may be used; or

(b)  by tolerating a person remaining there for more than 30 minutes after the time the permit must cease to be used, unless the person is an employee of the establishment;

(4)  permit holders who have contravened section 71 of the Act by failing or omitting to notify the board in writing of the name, address and social insurance number of the person in charge of managing their establishment, within 10 days of the beginning of the person’s employment;

(5)  a partnership or a legal person referred to in section 38 of the Act, holding a permit, that has contravened section 72 of the Act by failing or omitting to notify the board of all the relevant information relating to a change among the persons referred to in section 38, within 10 days of the change;

(6)  permit holders who have contravened the first paragraph of section 73 of the Act by allowing in a room or on a terrace where they use their permit, the presentation of a show, the projection of a film, or dancing, when they have not been authorized to do so by the board;

(7)  permit holders who have contravened the second paragraph of section 76 of the Act by installing a device from which a person may at all times serve himself or herself, in a room of a tourist establishment, when they have not been authorized to do so by the board;

(8)  permit holders who have contravened section 82 of the Act by using their permit in a place other than that specified in their permit, when they have not been authorized to do so by the board;

(9)  permit holders who have contravened the first paragraph of section 84.1 of the Act by changing the floor arrangement of a room or terrace for which an authorization has been granted for the presentation of a show, the projection of a film or dancing, when they have not been authorized to do so by the board;

(10)  permit holders who refused or failed to comply with a request made under section 110 of the Act;

(11)  permit holders who have contravened paragraph 2 of section 109 of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) by selling, serving or allowing to be consumed alcoholic beverages that their permit authorizes them to sell, serve or allow to be consumed outside the days or hours when they may use the permit.

O.C. 883-2017, s. 1.

DIVISION VII MISCELLANEOUS PROVISIONS

33. (Revoked).

Decision 83-08-05, s. 33; O.C. 1056-90, s. 6.

34. A permit holder may not receive a greater number of people at one time in a room or on a terrace where a permit is being used than the number fixed by the board.

When the board fixes that number of persons, it applies section 3.1.14.1 of the Building Code (R.R.Q., 1981, c. S-3, r. 2).

Decision 83-08-05, s. 34.

35. The device described in sections 63 and 87.1 of the Act must be equipped with a locking mechanism to prevent access to alcoholic beverages; the device described in the 2nd paragraph of section 76 of the Act must carry a notice indicating the price of the alcoholic beverages, and it must be possible to lock it.

Decision 83-08-05, s. 35; O.C. 1118-92, s. 5.

36. In the case of a permit used in a means of public transport, section 38, paragraphs 1, 2 and 3 of section 39, sections 40, 47, 59 to 68, 72 to 74, 76 and 82 to 84 of the Act do not apply.

Sections 84, 85, 93, 94, 103.2, 103.3, 103.6 and paragraphs 1, 2, 5, 6 and 8 of section 109, and paragraph 5 of section 110 of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) do not apply.

Decision 83-08-05, s. 36; O.C. 1118-92, s. 6.

37. Sections 82 to 84 of the Act and sections 8 to 10 of this Regulation do not apply in the case of a grocery permit used in a trading post.

Decision 83-08-05, s. 37.

38. (Omitted).

Decision 83-08-05, s. 38.

REFERENCES

Decision 83-08-05, 1983 G.O. 2, 3166

O.C. 2619-83, 1984 G.O. 2, 49

O.C. 1056-90, 1990 G.O. 2, 2193

O.C. 1529-91, 1991 G.O. 2, 4466

O.C. 1118-92, 1992 G.O. 2, 4159

O.C. 1042-2006, 2006 G.O. 2, 3644

O.C. 240-2014, 2014 G.O. 2, 726

O.C. 883-2017, 2017 G.O. 2, 2654

S.Q. 2018, c. 20, s. 124