Legislative Assembly of New Brunswick
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An Act to Amend the Liquor Control Act

Legislature :
54
Session :
4
Bill No. :
56
Member :
Hon. Blaney
First Reading :
2002-5-29
Second Reading :
2002-5-30
Committee of the Whole :
2002-6-4
Amended :
Third Reading :
2002-6-5
Royal Assent :
2002-6-7

Text of Bill :

                  
   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1               Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

   (a)      in the definition of “peace officer”

      (i) in paragraph (f) by striking out the semicolon at the end of the paragraph and substituting a comma followed by “and”;

      (ii)                by adding after paragraph (f) the following:

   (g)    any member of the Canadian Forces while engaged in lawful military police duties or in rendering assistance to a lawfully constituted civilian police force;

   (b)      by adding the following definition in alphabetical order:

   “special event” means

   (a)    a public event conducted for the advancement of charitable, educational or community objectives,
   
   (b)    a public event of provincial, national or international significance or a public event designated by a municipality as an event of municipal significance, or
   
   (c)      a public event conducted without the intention of commercial or personal gain or profit;

2               Section 42.1 of the Act is repealed and the following is substituted:

42.1(1)   No dining-room licensee, lounge licensee, special facility licensee, special events licensee, club licensee and no employee or agent of any such licensee, shall make, or
offer to make, a gift of liquor or give liquor to any person on the licensed premises and where applicable, on premises to which a licence extension under section 63.02 relates or in
an area adjacent to and outside of a dining-room, lounge or special facility.

42.1(2)   Subsection (1) does not apply

   (a)    to a club licensee under section 110,
   
   (b)    to an in-house brewery licensee, or
   
   (c)      where the giving of specified quantities of liquor at prescribed periods of time is permitted under the regulations.

3               Section 66 of the Act is amended

   (a)      by repealing subsection (2) and substituting the following:

66(2)      Subject to subsections (3) and (4), a licence becomes ipso facto forfeited and void if

   (a)    the licensee dies before the expiration of the licence,
   
   (b)    the licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest in the business, or
   
   (c)      the licensee becomes dispossessed of the business by bankruptcy or operation of law.

   (b)      by adding after subsection (2) the following:

66(2.1)   Where a licensee by sale of shares or otherwise, sells, transfers, assigns or conveys more than fifty per cent interest of the business in respect of which the licence was
issued, that licensee and the person who acquires more than fifty percent interest in the business shall immediately so notify the Minister.

   (c)      in subsection (4) by striking out “assignee or trustee” and substituting “assignee, purchaser or trustee”.

4               Subsection 102(1) of the Act is amended by striking out “village” and substituting “village for a special event”.

5               The Act is amended by adding after section 173 the following:

173.1      A prosecution for an offence under this Act shall be commenced within one year after the time it is alleged to have been committed.

6               Subsection 200(1) of the Act is amended by adding after paragraph (q) the following:

   (q.01)               respecting the giving of specified quantities of liquor at prescribed periods of time;

7               This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



 

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