<<SR_PageTitle>>

Acts and Regulations

2010-64 - Liquor Control Act

Table of contents

Full text

NEW BRUNSWICK

REGULATION 2010-64

under the

Liquor Control Act

(O.C. 2010-222)

Filed May 4, 2010

1Subsection 7(1) of New Brunswick Regulation 84-265 under the Liquor Control Act is amended by striking out “winery licence” and substituting “winery licence, UVin/UBrew licence”.

2Section 21 of the Regulation is amended by striking out “is required to do or is prohibited from doing anything” and substituting “may do anything, is required to do anything or is prohibited from doing anything”.

3The Regulation is amended by adding before section 63 the following:

UVIN/UBREW LICENCE

62.1The following definitions apply in sections 62.2 to 62.95.

“bottle” means a can, keg or other container into which wine or beer is placed after it is removed from a carboy.(bouteille)

“carboy” means a container used for the aging or storage of wine or beer at a UVin/UBrew establishment.(tourie)

“customer” means a person who pays to use the services for the manufacture of wine or beer at a UVin/UBrew establishment.(client)

“services” includes the use of equipment for the manufacture of wine or beer at a UVin/UBrew establishment.(services)

62.2(1)A UVin/UBrew licensee shall ensure that a customer visits the UVin/UBrew establishment at least 2 times and carries out the following tasks:

(a) during the first visit, the customer shall

(i) if applicable, pay for the ingredients for the manufacture of wine or beer;

(ii) pay for the services for the manufacture of wine or beer at the UVin/UBrew establishment; and

(iii) mix all the ingredients necessary to start the fermentation process to manufacture the wine or beer; and

(b) during the second visit, the customer shall

(i) if the bottles to be used for bottling the wine or beer bear the labels of wineries or breweries, remove the labels from the bottles;

(ii) bottle the wine or beer and cork or cap the bottles;

(iii) package the bottles of wine or beer; and

(iv) remove the wine or beer from the UVin/UBrew establishment.

62.2(2)A customer may be accompanied by a person who assists the customer in performing the tasks mentioned in subsection (1) as long as that person is not the UVin/UBrew licensee.

62.2(3)If the customer is physically incapable of performing the tasks mentioned in subsection (1), the UVin/UBrew licensee may perform the tasks on the customer’s behalf in the customer’s presence.

62.3The customer shall carry or convey his or her wine or beer in unopened bottles to his or her residence and any person who is not prohibited from consuming liquor may consume the wine or beer at the customer’s residence.

62.4(1)A UVin/UBrew licensee shall provide the customer with an invoice setting out the following information:

(a) the customer’s name, address and telephone number;

(b) whether the customer is manufacturing wine or beer and the quantity of the wine or beer;

(d) the services provided to the customer and the price charged for the services;

(e) the date on which the customer begins manufacturing wine or beer;

(f) the amount of payment received from the customer;

(g) the name, address and telephone number of the UVin/UBrew establishment; and

(h) a statement indicating that the wine or beer is manufactured for consumption exclusively at the customer’s residence.

62.4(2)A UVin/UBrew licensee may

(a) add finings or stabilizing agents to the customer’s ingredients,

(b) filter and add carbonation to the customer’s ingredients,

(d) carry the customer’s wine or beer to a waiting vehicle.

62.4(3)No UVin/UBrew licensee shall

(a) manufacture or store wine or beer at the UVin/UBrew establishment for sale or exchange,

(b) sell, exchange or offer for sale or exchange wine or beer at the UVin/UBrew establishment,

(d) allow a customer to advertise wine or beer for sale or exchange at the UVin/UBrew establishment,

(e) facilitate the sale, exchange or giving of the customer’s wine or beer,

(f) subject to section 62.5, allow the consumption of liquor at the UVin/UBrew establishment,

(g) provide services for the purpose of manufacturing wine or beer at the UVin/UBrew establishment to any person other than a customer,

(h) deliver a customer’s wine or beer,

(i) store or allow the storage of a customer’s wine or beer at the UVin/UBrew establishment after bottling,

(j) remove or allow the removal of a customer’s wine or beer from the UVin/UBrew establishment before bottling,

(k) bring or allow to be brought into the UVin/UBrew establishment liquor to be added to the customer’s wine, beer or ingredients, or

(l) allow the customer to bottle the customer’s wine or beer in bottles that bear the labels of wineries or breweries.

62.5A UVin/UBrew licensee may allow a customer to sample the customer’s wine or beer during the manufacturing process, subject to the following:

(a) the sample is provided before the wine or beer is bottled;

(b) the sample is consumed at the UVin/UBrew establishment; and

62.6 A UVin/UBrew licensee shall ensure that each carboy used for the manufacture of wine or beer at the UVin/UBrew establishment has attached to it a tag bearing the number of the invoice provided to the customer and, where applicable, the date on which enzymes or yeast were added to the ingredients.

62.7A UVin/UBrew licensee shall destroy any unclaimed wine or beer after making reasonable attempts to contact the customer.

62.8A UVin/UBrew licensee may, in accordance with section 62.2, manufacture wine or beer at the UVin/UBrew establishment for consumption at the licensee’s residence.

62.9(1)No UVin/UBrew licensee shall provide to a person under 19 years of age services for the purpose of manufacturing wine or beer at the UVin/UBrew establishment.

62.9(2)If a person who appears to be under 19 years of age requests to use the services for the manufacture of wine or beer at a UVin/UBrew establishment, the UVin/UBrew licensee shall, before granting the request, demand that proof of age satisfactory to the UVin/UBrew licensee be produced by the person, and proof in accordance with section 131.2 of the Act shall be taken to be satisfactory proof of age.

62.9(3)A UVin/UBrew licensee may employ a person under 19 years of age if

(a) the employee is under the direct and continual supervision of the licensee or another employee who is 19 years of age or older, and

(b) the employee does not participate in the process of manufacturing wine or beer at the UVin/UBrew establishment.

62.91(1)A UVin/UBrew licensee may advertise

(a) the services and ingredients provided by the licensee and their prices, and

(b) the name, address and telephone number of the UVin/UBrew establishment.

62.91(2)No UVin/UBrew licensee shall in an advertisement

(a) promote immoderate consumption of liquor,

(b) indicate that wine or beer is available for sale or exchange at the UVin/UBrew establishment,

(d) indicate that the wine or beer manufactured at the UVin/UBrew establishment may be consumed at any premises other than the customer’s residence.

62.92Subject to any by-laws enacted or permits issued under the Municipalities Act concerning the hours of operation of retail businesses, a UVin/UBrew establishment may be open from 7 a.m. to 11 p.m.

62.93A UVin/UBrew licensee shall ensure that the premises in respect of which his or her licence has been issued

(a) are clearly defined and kept separate from other premises that are used for different purposes, and

(b) are kept separate from other premises for which another type of licence has been issued under the Act by way of a fixed floor-to-ceiling wall.

62.94(1)A UVin/UBrew licensee shall retain the following records for at least one year:

(a) all records concerning the purchase of ingredients by the licensee; and

(b) a copy of the invoices provided to customers.

62.94(2)A UVin/UBrew licensee who applies to the Minister for renewal of his or her licence shall file with the application an annual return setting out the quantity of wine and beer manufactured at the UVin/UBrew establishment during the previous licence year.

62.95On suspension or cancellation of the UVin/UBrew licence, the UVin/UBrew licensee or former UVin/UBrew licensee, as the case may be,

(a) may allow the wine or beer to remain at the UVin/UBrew establishment until such time that the wine or beer is ready to be bottled, and

(b) shall not conduct any new business concerning the manufacture of wine or beer at the UVin/UBrew establishment.

4The Regulation is amended by adding after section 63.3 the following:

63.4In considering whether a licence should be cancelled or suspended under section 124.43 of the Act, the Minister may take into account the following factors:

(a) the licensee’s history of compliance with section 33 of the Gaming Control Act; and

(b) if the licensee has been convicted of more than one offence under section 33 of the Gaming Control Act, the length of time between convictions.

5Schedule A of the Regulation is amended

(a) by repealing

Violation or failure to comply with paragraph 142(1)(a), (b) or (c) of the Act or a provision of the Advertising of Liquor Regulation - Liquor Control Act

First Offence
Second Offence

$200.00
$500.00

and substituting the following:

Violation or failure to comply with paragraph 142(1)(a), (b), (c) or (d) of the Act or a provision of the Advertising of Liquor Regulation - Liquor Control Act

First Offence
Second Offence

$200.00
$500.00

(b) by adding after

Violation or failure to comply with paragraph 134(a) or (b) of the Act

First Offence
Second Offence

$5,000.00
$25,000.00

the following:

Violation or failure to comply with subsection 62.4(3) of this Regulation	First Offence Second Offence	$200.00 $500.00

Violation or failure to comply with subsection 62.9(1) of this Regulation	First Offence Second Offence	$500.00 $1,000.00