Acts and Regulations

93-94 - Gifts of Beer by Brewers

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 93-94
under the
Liquor Control Act
(O.C. 93-302)
Filed April 14, 1993
  Under subsection 200(1) of the Liquor Control Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
1This Regulation may be cited as the Gifts of Beer by Brewers Regulation - Liquor Control Act.
2In this Regulation
“Act” means the Liquor Control Act;(Loi)
“redemption year” means the period from the first day of April in a year to the thirty-first day of March in the following year, inclusive;(année d’échange)
“voucher” means a voucher issued under this Regulation.(coupon)
3No brewer and no clerk, employee or agent of a brewer shall give beer gratuitously or as a benefit except as provided by this Regulation.
4(1)Subject to subsection (2), a brewer may gratuitously issue vouchers that may be redeemed for beer
(a) to persons who are not employed by the brewer, who are not licensed under the Act and who comprise a social, professional, educational, occupational or athletic organization, in a quantity that, in the opinion of the brewer, is reasonable in view of the number of persons in the organization, and
(b) to individuals who are not employed by the brewer and who are not licensed under the Act, for sampling for purposes of marketing or promotion.
4(2)No brewer shall, in any redemption year, gratuitously issue under this section vouchers that may be redeemed for more than 2,455.2 hectolitres or 54,007.92 gallons of beer.
5(1)Subject to subsection (4), a brewer may give gratuitously to persons who are not employed by the brewer and who comprise a social, professional, educational, occupational or athletic organization, a quantity of beer for consumption in the brewer’s premises that, in the opinion of the brewer, is reasonable in view of the number of persons in the organization.
5(2)Subject to subsection (4), a brewer may give gratuitously to a person directly employed by it in the manufacture, processing, storage or transportation of beer or of any ingredient produced by the brewer and used in the manufacture of beer, a quantity of beer for consumption in the brewer’s premises that, in the opinion of the brewer, is reasonable.
5(3)Subject to subsection (4), a brewer may issue gratuitously to a person directly employed by it in the manufacture, processing, storage or transportation of beer or of any ingredient produced by the brewer and used in the manufacture of beer, vouchers that may be redeemed for beer in a quantity that, in the opinion of the brewer, is reasonable.
5(4)A brewer giving beer gratuitously under subsection (1) or (2) shall maintain a record of all beer so provided and shall, once in each month, deliver to the Corporation a report setting out the total number of hectolitres or gallons so provided during the previous month.
5(5)No brewer shall, in any redemption year, gratuitously issue vouchers for or gratuitously give beer under this section that, in total, may be redeemed for or that constitutes more than 736.56 hectolitres or 16,202.38 gallons of beer.
6(1)A voucher
(a) shall specify whether it is redeemable for one six-pack, one twelve-pack or one twenty-four pack of containers of beer,
(b) shall specify the brewer’s name and a brand name of beer,
(c) shall be imprinted with an eight digit voucher identifier number that is one of a sequential series of numbers and that indicates the redemption year during which the voucher may be redeemed and whether the voucher is issued under section 4 or under section 5,
(d) shall bear a space for the signature of the sales representative of the brewer issuing it, the person redeeming it and any licensee or employee or agent of a licensee who may redeem it,
(e) shall bear any other information required and otherwise conform to any requirements established by the Corporation, and
(f) may bear any other information considered desirable by the brewer issuing it.
6(2)A sales representative of a brewer shall sign a voucher in the space provided at the time of issuing it to another person.
2020, c.33, s.23
7(1)Subject to subsections 9(2), (3) and (4), a person who is not prohibited by law from having or consuming beer may redeem a voucher at a liquor store, including a store operated by a person appointed as an agent under subsection 40.1(1) of the Act, by tendering it to a cashier and by signing it in the space provided in the presence of the cashier.
7(2)Subject to subsection (3), a person who redeems a voucher under subsection (1) shall receive in exchange for the voucher only the number and brand of containers of beer specified on the voucher.
7(3)If the Corporation does not have in stock a brand of beer specified on a voucher being tendered, it may substitute a different brand manufactured by the brewer who issued the voucher.
2020, c.33, s.23
8(1)Subject to subsections 9(2), (3) and (4), a person who is not prohibited by law from having or consuming beer may redeem a voucher by tendering it at the licensed premises of a licensee who redeems vouchers and by signing it in the space provided in the presence of the licensee or any employee of the licensee.
8(2)Subject to subsection (3), a person who redeems a voucher under subsection (1) shall receive in exchange for the voucher only the number and brand of containers of beer specified on the voucher, which shall not be removed from the licensed premises.
8(3)A licensee who does not have in stock a brand of beer specified on a voucher being tendered may substitute a different brand manufactured by the brewer who issued the voucher.
8(4)Subject to subsections 9(2), (3) and (4), a licensee who redeems a voucher under subsection (1) may further redeem it by signing it or having it countersigned by an employee or agent in the space provided and tendering it to the Corporation, which may redeem it by giving the licensee credit for containers of beer in the number and manufactured by the brewer specified on the voucher.
2020, c.33, s.23
9(1)The Corporation shall validate a voucher being redeemed under this Regulation by ensuring that the location of the store, the time and the date are imprinted or written on it.
9(2)The Corporation may refuse to redeem a voucher that is issued for redemption in a subsequent redemption year, that has not been properly signed or countersigned, that is otherwise not in conformity with this Regulation or with the requirements established by the Corporation or that otherwise does not appear to be valid for any reason.
9(3)The Corporation shall not redeem a voucher issued by a brewer under section 4 if it has during the current redemption year already redeemed vouchers issued under that section by that brewer for a quantity of beer equal to or exceeding the maximum established in subsection 4(2).
9(4)The Corporation shall not redeem a voucher issued by a brewer under section 5 if during the current redemption year the total quantity of beer already provided by the Corporation in redeeming vouchers issued by that brewer under that section, when added to the quantity gratuitously given by the brewer under subsections 5(1) and (2) as reported to the Corporation by the brewer, equals or exceeds the maximum total set out in subsection 5(5).
10Sections 7 and 9 apply with the necessary modifications to a person redeeming a voucher at a store operated by a person appointed as an agent under subsection 40.1(1) of the Act and to the person operating and any employees or agents of the person operating that store.
11(1)The Corporation shall keep a record of the redemption of all vouchers and shall, once in each month, deliver to each brewer a voucher redemption report for the previous month.
11(2)Subject to subsection (3), the Corporation may invoice a brewer at the base cost, plus all deposits and federal taxes that it paid to the brewer and the provincial taxes, for each container of beer that it provides in exchange for vouchers issued by that brewer, and in addition may invoice a reasonable amount for administrative costs and overhead for each voucher issued by the brewer and redeemed by the Corporation, and the brewer shall remit to the Corporation the total invoiced amount.
11(3)The Corporation shall determine the amount to be remitted for administrative costs and overhead under subsection (2) and may review and vary that amount from time to time.
2020, c.33, s.23
12A person who violates or fails to comply with section 3 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence.
13New Brunswick Regulation 85-184 under the Liquor Control Act is repealed.
14This Regulation comes into force on April 5, 1993.
N.B. This Regulation is consolidated to December 18, 2020.