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BILL NO. 217

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Liquor Control Act
(amended)

 

Tim Houston
Pictou East



First Reading: October 29, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds the definition of "approved carrier".

Clause 2 authorizes the Nova Scotia Liquor Corporation to designate persons as approved carriers to deliver beer and wine if sold and delivered with meals purchased from an on-line food ordering service or directly from a licensed eating establishment.

Clause 3 permits the Executive Director to authorize the sale of beer and wine with meals by a licensed eating establishment for consumption away from premises when the order is placed on-line or directly with the eating establishment and delivered by an approved carrier to a residence.

Clause 4

(a) permits the sale of beer and wine with meals by a licensed eating establishment when ordered by either an on-line food ordering service or directly from the establishment and delivered to a residence; and

(b) requires the approved carrier to verify, in accordance with the regulations, that the person at the residence accepting the delivery is 19 years of age or older.

Clause 5 adds a new regulation-making authority.

Clause 6 authorizes an approved carrier who complies with the Act and the regulations to carry and deliver beer and wine when ordered with food from an on-line food ordering and delivery service or directly from the eating establishment.

Clause 7 prohibits the delivery of beer or wine by an approved carrier to any person under the age of 19 years and sets out the penalty for such a violation.

Clause 8 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 260
of the Revised Statutes, 1989,
the Liquor Control Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001, Chapter 30 of the Acts of 2002, Chapter 21 of the Acts of 2011, Chapter 8 of the Acts of 2012 and Chapter 18 of the Acts of 2014, is further amended by adding immediately after clause (a) the following clause:

    (aa) "approved carrier" means a person approved by the Corporation and employed as a carrier by

      (i) an on-line food ordering and delivery service, or

      (ii) a licensed eating establishment,

    to carry or convey beer and wine to a residence when purchased and delivered with meals from a licensed eating establishment;

2 Section 12 of Chapter 260, as amended by Chapter 4 of the Acts of 2001 and Chapter 3 of the Acts of 2018, is further amended by adding immediately after clause (n) the following clause:

    (na) designate persons as approved carriers to carry or convey beer and wine to a residence when sold to the purchaser and carried with meals purchased using either an on-line food ordering and delivery service or when purchased directly from a licensed eating establishment;

3 Subsection 47(1) of Chapter 260, as enacted by Chapter 21 of the Acts of 2011 and amended by Chapter 18 of the Acts of 2014, is further amended by adding immediately after clause (b) the following clause:

    (ba) authorize holders of eating establishment licenses to sell beer and wine with meals for consumption away from the premises when the beer, wine and meal are purchased from an on-line food ordering and delivery service or purchased directly from the eating establishment and are delivered to a residence by an approved carrier;

4 Section 48 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 21 of the Acts of 2011 and Chapter 18 of the Acts of 2014, is further amended by adding immediately after subsection (6) the following subsections:

    (6A) The holder of an eating establishment license may sell beer and wine with meals when the meals are ordered for delivery using an on-line food ordering service or ordered directly from the eating establishment and the beer, wine and meals are transported from the eating establishment and delivered to a residence by an approved carrier.

    (6B) The approved carrier delivering the beer, wine and meals referred to in subsection (6A) must, in the method prescribed by the regulations, verify that the person accepting the delivery at the residence is nineteen years of age or older.

5 Section 50 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 42 of the Acts of 2007, Chapter 21 of the Acts of 2011, Chapter 43 of the Acts of 2012, Chapter 18 of the Acts of 2014 and Chapter 43 of the Acts of 2015, is further amended by adding immediately after clause (gm) the following clause:

    (gn) respecting the verification of the age of the person accepting the delivery of beer, wine and meals delivered by an approved carrier;

6 Section 54 of Chapter 260, as amended by Chapter 4 of the Acts of 2001 and Chapter 21 of the Acts of 2005, is further amended by adding immediately after subsection (3) the following subsection:

    (3A) Subject to this Act and the regulations, an approved carrier may carry or convey beer and wine, when transported with meals, from a licensed eating establishment to a residence if the purchaser has ordered from an on-line food ordering and delivery service or ordered directly from the eating establishment.

7 Section 89 of Chapter 260, as amended by Chapter 33 of the Acts of 1990, Chapter 18 of the Acts of 2014 and Chapter 3 of the Acts of 2018, is further amended by adding immediately after subsection (2A) the following subsection:

    (2AA) Every approved carrier who knowingly delivers beer or wine with a meal to any person under the age of nineteen years is guilty of an offence and liable upon summary conviction to a fine of not more than ten thousand dollars.

8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created October 29, 2019. Send comments to legc.office@novascotia.ca.