Acts and Regulations

2021-40 - Sale of Liquor with Food Purchased for Delivery or Takeout

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2021-40
under the
Liquor Control Act
(O.C. 2021-123)
Filed April 29, 2021
Under subsection 200(1) of the Liquor Control Act, the Lieutenant-Governor in Council makes the following Regulation on the recommendation of the Minister:
Citation
1This Regulation may be cited as the Sale of Liquor with Food Purchased for Delivery or Takeout RegulationLiquor Control Act.
Requirement re licensee
2Only a dining-room licensee, lounge licensee or special facility licensee who holds a licence to operate a food premises under the Public Health Act may sell liquor with food purchased for delivery or takeout.
Liquor sold with food purchased for delivery or takeout
3Any liquor that a licensee referred to in section 2 sells with food purchased for delivery or takeout shall
(a) be of a brand and kind of liquor that is available for sale for consumption
(i) with respect to a dining-room licensee, in the dining-room or in any other dining or reception area of the premises of the licensee approved by the Minister for special occasion use,
(ii) with respect to a lounge licensee, in the lounge of the licensee, and
(iii) with respect to a special facility licensee, in those areas of the premises of the licensee approved by the Minister,
(b) be sold at a price equal to or higher than the price charged for liquor sold for consumption
(i) with respect to a dining-room licensee, in the dining-room or in any other dining or reception area of the premises of the licensee approved by the Minister for special occasion use,
(ii) with respect to a lounge licensee, in the lounge of the licensee, and
(iii) with respect to a special facility licensee, in those areas of the premises of the licensee approved by the Minister, and
(c) be contained in an unopened container and the seal, if any, on the container is unbroken.
Hours of liquor sales
4Any liquor that a licensee referred to in section 2 sells with food purchased for delivery or takeout shall be sold between the hours of 9:00 a.m. and 10:00 p.m.
Requirements re takeout
5A licensee referred to in section 2 shall record the following information in a document for each sale of liquor sold with food purchased for takeout: 
(a) the name of the person who ordered the liquor;
(b) the kinds and quantities of liquor; and
(c) the date of the sale of liquor.
Requirements re delivery
6(1)Any liquor that is sold with food purchased for delivery may be delivered by a licensee referred to in section 2, an employee of the licensee or an agent of the licensee who is authorized to deliver liquor on behalf of the licensee.
6(2)If it is not possible to deliver liquor referred to in subsection (1), the liquor shall be returned immediately to the premises of the licensee referred to in section 2 and who received the order.
6(3)A licensee referred to in section 2 shall record the following information in a document for each sale of liquor sold with food purchased for delivery:
(a) the name of the person who ordered the liquor;
(b) the address where the liquor is delivered;
(c) the kinds and quantities of liquor;
(d) the date of the sale of liquor; and
(e) the name of the person who made the delivery and, if the person is an agent of the licensee, the name of the employer of the person.
Retention of information
7 A licensee referred to in section 2 shall retain for at least one year the information referred to in section 5 and subsection 6(3).
Commencement
8This Regulation comes into force on May 1, 2021.
N.B. This Regulation is consolidated to May 1, 2021.