Bill 132, Liquor Licence Amendment Act (Fruit Wine), 2009

Bill 132 2008

An Act to amend the Liquor Licence Act

Note: This Act amends the Liquor Licence Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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

   1.  Subsection 6 (4) of the Liquor Licence Act is amended by striking out the portion before clause (a) and substituting the following:

Prohibition

   (4)  Subject to section 12.1, a licence to sell liquor shall not be issued,

.     .     .     .     .

   2.  The Act is amended by adding the following section:

Licence to sell fruit wine

Definition

   12.1  (1)  In this section,

"fruit wine" means wine produced in Ontario from non-grape products, including apples, blueberries, cherries, currants, elderberries, lingonberries, pears, raspberries, strawberries and honey.

Application

   (2)  A manufacturer of fruit wine may apply to the Registrar for a licence to sell the fruit wine at a farmers' market.

Issuance

   (3)  The Registrar shall issue a licence to sell fruit wine to an applicant under this section if the prescribed conditions are met.

Conditions

   (4)  A licence to sell fruit wine is subject to the following conditions:

    1.  The fruit wine meets the standards for sale at government stores under the Liquor Control Act.

    2.  The licensee sells the fruit wine in sealed, unopened containers.

    3.  The licensee sells the fruit wine at a farmers' market approved by the Registrar.

    4.  Such other conditions as may be imposed by the Registrar that are consented to by the licensee.

   3.  Section 14.1 of the Act is amended by striking out "subsection 10 (4), 11 (5), 11.1 (4) or clause 14 (1) (a)" and substituting "subsection 10 (4), 11 (5), 11.1 (4), paragraph 3 of subsection 12.1 (4) or clause 14 (1) (a)".

   4.  Section 15 of the Act is amended by adding the following subsection:

Same, licence to sell fruit wine

   (5.1)  The Registrar may issue a proposal to revoke or suspend a licence to sell fruit wine or refuse to renew such a licence on the basis of any prescribed condition that would disentitle the licensee to a licence if the licensee were an applicant or if the licensee has contravened this Act, the regulations or a condition of the licence.

Commencement

   5.  This Act comes into force on the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Liquor Licence Amendment Act (Fruit Wine), 2008.

EXPLANATORY NOTE

The Bill amends the Liquor Licence Act to establish a licence to enable manufacturers of fruit wine to sell the fruit wine at farmers' markets if the fruit wine meets the standards for sale at government stores.