Conditions re issuance of licence, application
69(1)No licence of a class referred to in paragraph 63(
b), (
b.1), (
c), (
d), (
g) or (
j) and no licence under section 63.01 shall be issued to a person unless
(a)
the person has filed an application for the licence along with the affidavit required in subsection (4) with the Minister within the prescribed time,
(b)
the person is of the full age of nineteen years and is not otherwise disqualified under this Act from having or consuming liquor,
(c)
except in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with
(i)
the written approval for the carrying on of the proposed business in the proposed premises of
(A)
the Minister of Health, and
(B)
the fire marshall for the local government in which the premises is situated or the designate of the fire marshall,
(ii)
if the premises is situated in a local government, a written statement in accordance with subsection (1.1) that the carrying on of the proposed business in the proposed premises is in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the
Community Planning Act, and
(iii)
if the premises is not situated in a local government, the written approval for the carrying on of the proposed business in the proposed premises of the authority having jurisdiction over the area in which the premises is situated,
(c.1)
in the case of a person who applies for a wine serving licence in respect of a business that provides overnight accommodation for guests, the person has provided the Minister with proof that the business is an approved business in accordance with the regulations,
(d)
the Minister, in the Minister’s absolute discretion, considers that the applicant is a fit and proper person to keep and operate the kind of premises in respect of which the licence is sought, and
(e)
the person has not been convicted within five years preceding the application for the licence of a violation of
(ii)
the
Excise Act (Canada), the
Excise Act, 2001 (Canada) or the
Customs Act (Canada), with respect to offences relating to liquor,
(iii)
the
Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act,
(iii.1)
the
Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, and
(iii.2)
the
Cannabis Act (Canada) or the
Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis, as that term is defined in the
Cannabis Act (Canada),
(iv)
Repealed: 2020, c.33, s.7
and is not otherwise disqualified under this Act or the regulations and has complied with the requirements of this Act and the regulations.
69(1.01)A UVin/UBrew licence shall not be issued to a person who has been convicted within 5 years preceding the application for the licence of an offence under
(b)
the
Excise Act (Canada), the
Excise Act, 2001 (Canada) or the
Customs Act (Canada), with respect to liquor,
(c)
the
Controlled Drugs and Substances Act (Canada), with respect to trafficking in a controlled substance within the meaning of that Act,
(c.1)
the
Criminal Code (Canada), with respect to a criminal organization offence as that term is defined in that Act, or
(c.2)
the
Cannabis Act (Canada) or the
Cannabis Control Act, with respect to the sale, distribution, cultivation, storage or production of cannabis as that term is defined in the
Cannabis Act (Canada).
(d)
Repealed: 2020, c.33, s.7
69(1.1)If a person applying for a licence is required to provide the Minister with a written statement under subparagraph (1)(
c)(ii), the Minister shall accept a letter purporting to be signed by the development officer, the planning director or another appropriate official of the local government in which the proposed premises is situated, stating that the proposed business and the proposed premises are in conformity with the planning and zoning requirements of the local government as provided for in its rural plan, municipal plan, zoning by-law and any other by-laws or regulations made under the
Community Planning Act.
69(1.2)A letter provided under subsection (1.1) is
prima facie proof of its contents and of the authority of the person signing it without proof of the person’s appointment or signature.
69(2)Repealed: 1992, c.90, s.45
69(3)Repealed: 1992, c.90, s.45
69(4)The application of a natural person for a licence shall be accompanied by the affidavit of the applicant verifying the correctness of the statements in the application.
69(5)The application shall
(a)
state the name and address of the true owner of the premises,
(b)
if all or any portion of the premises is in a public place, state the name of the authority having jurisdiction over the public place,
(c)
contain a description of that part of the premises in respect of which the applicant desires a licence, and
(d)
set forth such other documentation, information, descriptions or plans, as may be required by the regulations or the Minister, of that part of the premises in which it is proposed
(i)
in the case of a wine serving licence, to serve wine, or
(ii)
in the case of any other licence, to keep and sell liquor.
69(6)Repealed: 1992, c.90, s.45
69(7)Repealed: 1992, c.90, s.45
69(8)No licence shall be issued to an applicant
(a)
who is not the true owner or the operator of the business carried on by the applicant in the licensed premises, or
(b)
in respect of premises or a portion of premises situated on lands of which the applicant is not the owner or the lessee, unless
(i)
the true owner of the lands has given written permission, or
(ii)
if the premises or portion is situated in a public place, the authority having jurisdiction over the public place has given written permission.
69(9)Repealed: 1992, c.90, s.45 1961-62, c.3, s.66; 1970, c.29, s.5; 1974, c.26Â (Supp.), s.3, 13; 1975, c.84, s.2; 1983, c.4, s.14; 1983, c.47, s.10; 1984, c.50, s.4; 1985, c.57, s.9; 1986, c.50, s.4; 1989, c.20, s.13; 1992, c.90, s.45; 1993, c.67, s.6; 1994, c.95, s.48; 1999, c.30, s.7; 2000, c.26, s.178; 2005, c.7, s.39; 2006, c.16, s.101; 2008, c.57, s.4; 2017, c.20, s.92; 2020, c.33, s.7