PEI Liquor Control Commission Licensee Policy Manual

Product Donations 7.2
Liquor Control Act Section 34 and 50
The PEI Liquor Control Commission (PEILCC) does not make product donations.

Policy:

1. The PEILCC allows donations to charitable organizations/events from suppliers as follows:
   1. If a supplier chooses to sponsor a charitable event, they have to submit a writer request to the Director or Purchasing & Distribution of the PEILCC for a reduction in the PEILCC’s mark-up to a maximum of $500.
   2. This reduction in the Commission’s margin will only be granted once during each fiscal period. 
2. If the request to the Director of Purchasing & Distribution of PEILCC is approved, arrangements for product pick up will be made. 
3. Products will be billed by the PEILCC’s head office. 
4. In the event the supplier has already sponsored an event during the fiscal year, all purchases for event sponsorships must be purchased from the PEILCC at full retail. 

Legal Age 8.2
Liquor Control Act Sections 40 and 43

Policy:

The Liquor Control Act was amended and the amendments raised the drinking age to 19 years as of July 1, 1987

Minors attending licensed events 8.3
Liquor Control Act Regulations Sections 74.1

Policy:

The  Regulations allow the following types of events where a licensee is allowed to admit minors with or without a parent/adult guardian, without getting Commission approval:

• Family events – Wedding, wedding shower, birthday, anniversary, reunion or funeral reception;
• Community events – fundraiser or charity benefit;
• Family orientated entertainment or events

The licensee can set terms for admitting minors, but have to make sure minors do not consume alcohol.

If there are any questions as to whether or not an event falls under the meaning and scope of events that minors are allowed to attend, the licensee has to contact the Commission.

The following guidelines apply for any licensees looking for Commission approval to allow minors to attend, participate or assist in an event other than the events listed in the Regulations:

Non-Alcoholic Functions 8.5
Liquor Control Act, Section 8(2)(s)
Liquor Control Act Regulations, Section 95(l)

Policy:

To establish guidelines for licensees looking for Commission approval to permit people under the age of nineteen to attend non-alcoholic function planned to be hosted by the licensed establishment

Scope: This policy applies to all license types.

Allowable Days and Hours

As approved by the Commission:

1. Any day of the week; and
2. Between the hours of 09:00 a.m. and 02:00 a.m.

Conditions

1. If a non-alcoholic function is being held in the morning or afternoon, the establishment has to be closed for the sale of alcohol until the function starts and the establishment hast to stay closed and be cleared of all people attending the non-alcoholic function for one hour before opening for the sale of alcohol after the event.
2. If a non-alcoholic function starts at 6:00 p.m. or later, the establishment has to be closed and cleared of all patrons one hour before opening for the non-alcoholic function begins and the establishment has to stay closed for the sale of alcohol until either the next day or the same day depending on what time the function ends.
   1. Note: If there is a separate entrance and area for the non-alcoholic function, the Commission may allow the establishment to stay open for the sale of alcohol. 
3. All liquor or liquor advertising has to be removed or covered.
4. If the establishment has video lottery terminals, they need to be covered.
5. The licensee has to make sure there is proper supervision and control at all times
   1. Note: The Commission has the right to direct the licensee to hire certified security personnel or off-duty police officers.
6. If someone enters to attend the non-alcoholic function and then leaves before the function is over, they are not allowed to re-enter. 

Licensee Request

1. A written request has to be submitted to the Commission at least 7 days before the function.

Note:
Licensees cannot book a non-alcoholic functions until after they receive approval from the Commission

Approval Required

1. Written approval from the Commission has to be received by the licensee.

Commission Decision is Final

1. The Commission’s decision is final and cannot be appealed.

False Identification 8.6
Commission Policy

Policy: Guidelines Regarding False Identification

1. The licensee has to refuse individual entry if the licensee suspects that an individual has presented false identification. 
2. If the licensee is presented with suspected false identification the licensee must immediately:
   1. Notify a police officer or liquor inspector if either is readily available. They both have the authority to confiscate false identification; or
   2. If there is no police officer or liquor inspector available to confiscate the false identification, a photocopy of the identification or a record of all relevant information from the identification including name, date of birth, address, expiry date and license number.
3. If the individual abandons the identification when challenged, the licensee has to make sure that the abandoned identification is immediately provided to the Liquor Control Commission or the Registrar of Motor Vehicles.
4. If an individual demands the identification be returned to them, the licensee has to return the identification to the individual, even if the licensee did not have time to copy the identification or record the information. A licensee should not detain an individual suspected of presenting false identification. 

Underage Entertainers 8.7
Liquor Control Act Regulations Sections 74.1

Policy:

To provide guidelines for a licensee to consider when approving underage entertainers. The following conditions have to be part of any approval by the licensee.

1. The minor has to be accompanied by their parent or legal guardian at all times.
2. The minor has to leave the establishment when finished performing.
3. The supervising parent or legal guardian cannot consume liquor.

The provisions of approvals and in what format they are issued will be up to the licensee. A form  like the UNDERAGE ENTERTAINER PERMISSION FORM on page 8.7a (page 40) of the full PEI Liquor Control Commission Licensee Policy Manual.

Renovations & Transferability of Ownership 9.1
Liquor Control Act Regulations Sections 62(1), 63 and 64

Policy:

The following must be submitted to the Commission before beginning any renovations or physical alterations:

1. A floor plan with an outline of the proposed renovations or alterations must be sent to the Commission
2. A letter requesting licensing of a new area or an area as renovated or altered must be sent to the Commission.

When renovations or alterations are complete, a licensee has to get the establishment inspected by the Health Department and the Fire Marshals’ Office and those reports have to be filed with the Commission to confirm that the establishment follows regulations. A final inspection by the Commission has to be completed before the license can be expanded.

A license granted under this Act cannot be transferred unless there is written approval from the Commission. 

Facility with beer consumption in seats 9.3
Liquor Control Act Section 10(1)
Liquor Control Act Regulations, Section 9.1

Policy:

The consumption of alcohol in the seating area of an indoor or outdoor facility (i.e. arena, ball park, etc.) is allowed by the Commission, under the following terms:

1. A professional or semi-professional sporting event, National Championship, National Team, Major Junior Hockey, or other such event as approved by the Commission;
2. It is a lights on event;
3. The facility has to be suitably equipped to allow such a function;
4. Unless otherwise approved by the Commission, seating capacity of the facility should not be less than 3,000;
5. There are designated dry areas;
6. The Commission will direct the terms of service and security;
7. Service of liquor is as follows:
   1. Beer – pre-poured in a plastic cup or by opened can;
   2. Wine, spirits and cooler – pre-poured in a plastic cup;
   3. Maximum of 4 per customer per serving.

Golf Courses & Beverage Cart Service 9.4
Liquor Control Act – Sections 8(2)(r) & (s)
Liquor Control Act Regulations – Sections 50.1(9) & (10)

Policy:

1. Any motorized vending carts and kiosks used to supply alcoholic beverages have to be approved by the Commission and have to contain:
   1. Proper cooling for beverages
   2. Non-alcoholic beverages; and
   3. Food.
2. The following number of carts and kiosks are allowed:
   1. 18 hole course: two carts and one kiosk; and
   2. 9 hole course: one cark and one kiosk.
3. The cart/kiosk has to be at least 19 years of age, must have a valid certificate number under the PEI Mandatory Server Program, and be familiar with the Liquor Control Act & Regulations and Commission Policies.
4. The cart/kiosk operator or any other person cannot provide alcohol to any person under the age of 19. 
5. Opened alcohol service:
   1. Beverages allowed to be served are:
      1. Beer;
      2. Spirit and wine coolers;
      3. Spirits; and
      4. Wine.
   2. Service can be provided at any tee off area and on the fairway, as per golf course etiquette.
   3. Beverages purchased in the clubhouse can only be brought directly onto the course:
      1. These purchases cannot be carried into/across non-permitted areas like parking lots.
6. Unopened alcohol service – for consumption on the playing area only:
   1. Beverages allowed to be served are:
      1. Beer; and
      2. Spirit and wine coolers.
   2. No more than two standard servings of unopened alcohol per person.
   3. Unopened beverages purchased in the clubhouse must be taken directly onto the course:
      1. These purchases cannot be carried into/across non-permitted areas like parking lots.
   4. Unopened alcohol cannot be taken back into the clubhouse:
      1. These purchases have to be consumed or disposed of on the course.
   5. Unopened alcohol cannot be sold or served on the tee off area or on the fairway of the last hole of the golf course.
7. No alcohol is allowed to be consumed around the clubhouse and practice areas like the driving range or putting green.
8. Hours of operation:
   1. Beverage cart/kiosk service cannot begin before 09:00 a.m. and has to end at dusk, Monday through Sunday inclusive; and
   2. The 09:00 a.m. daily start time for service also applies to the clubhouse.
9. Signage:
   1. Signage should be posted at the entrance to the golf course and/or the first tee stating that only alcohol purchased from the club (i.e. cart/kiosk or clubhouse) is allowed on the course.
   2. If the course is selling unopened alcohol for consumption, signs should be posted indicating: maximum of two servings per person, purchases from the clubhouse must be taken directly onto the course; and unopened alcohol cannot be taken back into the clubhouse.
10. A Course Marshal or other designated employee should be on duty on the course at all times alcohol is being served to ensure compliance with these terms and conditions.

Control of Outside 9.5
Liquor Control Act – Section 7(l)

1. Licensees are to be good neighbours and address any possible misconduct that might originate from their establishment and spread into their local communities.
2. The license holder is responsible for making sure that reasonable measles are in place and reasonable efforts are made to:
   1. Deter misconduct on the property neighbouring and in the vicinity of the establishment; and
   2. Minimize damage, nuisance or other harm to that property that comes from misconduct engaged in by patrons of the licensee or people attempting or waiting to enter the establishment or leaving the establishment. 
3. Alcohol consumption, drug use and fighting in parking lots, indecent acts, excessively noisy patrons gathering outside the establishment after closing time, and damage or vandalism to the property of neighbouring businesses or residences are all considered misconduct. 
4. If misconduct is reported and the licensee does not take reasonable measures to prevent such misconduct the PEILCC may exercise its right to take corrective action against the licensee in accordance with the Act and Regulations.

Food/Liquor Combos 10.4
Liquor Control Act Regulations – Section 71
Liquor Control Act – Section 7(l) and 13

Policy:

The price of a meal is allowed to include the equivalent of one standard serving of an alcoholic beverage. Licensees offering this food/liquor combo also have to have an all inclusive price with non-alcoholic beverage.

The minimum selling price for alcoholic beverages has to be covered in an all inclusive meal price.

Advertising of an all inclusive meal price with an alcoholic beverage is permitted in accordance with the terms of Section 50 of the Liquor Control Act, Section 96 of the Liquor Control Act Regulations, and Policy 1.1 of the PEILCC Licensee Policy Manual.

The quantity of liquor must be specified in any food/liquor combo advertisement.

Licensee Obligations 16.1
Liquor Control Act Section 8.1(2)

Policy:

1. A licensee has to give PEILCC liquor inspectors total and unrestricted access to the licensed establishment at any reasonable time, such as during regular business hours or another time when people are present.
2. A licensee and their staff are not to interfere with the PEILCC liquor inspectors duty in any way. The licensee and staff have to fully cooperate, including answering all reasonable questions in relation to the management and operation of the establishment.
3. A licensee has to let PEILCC liquor inspector and officials examine and make copies of all liquor records and allow them to remove records from the licensed establishment for further review if necessary.
4. When a PEILCC liquor inspector finds a licensee in violation of the Liquor Control Act, Liquor Control Act Regulations or PEILCC Policy, the inspector can request that the licensee take appropriate action to comply with the legislation or policy.
5. Any alleged violation observed by a PEILCC liquor inspector, or a report or actual or potential problems received from police, fire, health, other government officials, or the general public, will be investigated and can result in disciplinary action being taken by the PEILCC Board of Commissioners.