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Home My WebLink AboutOES 29-04PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 29-04 Date: September 28, 2004 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Alcohol Policy of the City of Pickering - File: CO3000 Recommendation: That Report OES 29-04 regarding the Alcohol Policy of the City of Pickering be received and that; A by-law to amend the Alcohol Management Policy for City owned facilities be enacted; 3. Staff at the City of Pickering be given authority to give effect thereto. Executive Summary: On October 7, 1991, the Town of Pickering enacted By-law 3859/91 to adopt an Alcohol Management Policy for Town owned facilities. An amended Alcohol Management Policy for City owned facilities is required to ensure all individuals or groups operating a Special Occasion Permit in a City owned facility are aware of their duties and responsibilities with respect to alcohol management as well as reflect changes in the Corporation of the City of Pickering's operation. Financial Implications: There is no financial impact anticipated as a result of the amended Alcohol Management Policy for City owned facilities. Background: On October 7, 1991, the Town of Pickering enacted By-law 3859/91 to adopt an Alcohol Management Policy for Town owned facilities. This policy was intended to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities, to avoid related problems and to ensure the safety and Report OES 29-04 Subject: Alcohol Management Policy Date: September 28, 2004 Page 2 well-being of all participants and to protect the Corporation, its employees and volunteers. An amended Alcohol Management Policy is required to educate individuals or groups operating a Special Occasion Permit in a municipal facility, on the City's alcohol policy and Alcohol and Gaming Commission legislation, to ensure they are aware of their duties and responsibilities with respect to alcohol management. There is also the need to update the policy to reflect changes in the City's operation. The following is an overview of the proposed changes to update the City's alcohol policy. CHANGES IN THE CORPORATION OF THE CITY OF PICKERING OPERATION Change Town of Picketing to City of Pickering Change Department of Community Services & Facilities to Operations & Emergency Services Department, Culture & Recreation Division Change Director to Division Head DESIGNATED FACILITIES Add Petticoat Creek Community Centre Add Front Street Centre Delete Dr. N.F. Tomlinson Community Centre Add Pickering Museum Village ALCOHOL RESTRICTIONS WITHIN DESIGNATED FACILITIES (New Section Added) All designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. This section clarifies no person shall consume liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O permit. INSURANCE Change naming the Corporation of the City of Pickering as a co-insured to naming the Corporation of the City of Pickering as an additional insured. Enactment of the draft by-law attached is required to amend By-law Number 3859/91 and to adopt the amended Alcohol Management Policy in the form attached hereto as Schedule A. (Authority - Municipal Act, R.S.O. 1990 c. M45, Section 207.58.) Attachments: 1. Draft By-law CORP0227-07/01 Report OES 29-04 Subject: Alcohol Management Policy Date: September28,2004 Page 3 Prepared By: Step'l~n Reyr~oi~ls" Divisioi'Hc4ead, Culture & Recreation Approved / Endorsed Everett Bud.ts/~ Director, Operations & Emergency Services SR:lg Attachment Copy: Chief Administrative Officer Recommende.~d-f.o~ the cons, j~leration of Picke~y~ Thomas J. ~n, Chief Administrative Officer CORP0227-07/01 KI"TACHFIENT # I__ TO REPORT #... 0~'~ '2.,<-1' - 0L} THE OORPORATION OF THE CITY OF PIOKERING BY-LAW NO. Being a. by-law to amend By-law Number 3859/91 being the Alcohol Management Policy for City owned facilities. WHEREAS the Council of The Corporation of the City of Pickering passed By-law Number 3859/91 on October 7, 1991, to establish an Alcohol Management Policy for City owned facilities; and WHEREAS the Council of The Corporation of the City of Pickering deems it appropriate for the better management of such facilities to adopt an amended Municipal Alcohol Policy applicable, thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: By-law 3859/91 is hereby amended by deleting therefrom Schedule "A" and substituting therefore Schedule "A" attached hereto. BY-LAW read a first, second and third time and finally passed this 18th day of October, 2004. David Ryan, Mayor Bruce Taylor, Clerk #_J .... TO -C,q Schedule "A" 2_ o¢ THE CORPORATION OF THE CITY OF PICKERING Operations and Emergency Services Department Culture and Recreation Division MUNICIPAL ALCOHOL POLICY September 28, 2004 PURPOSE The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its employees and volunteers. DEFINITIONS In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or Ts otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed runction determined by the Division Head of Culture and Recreation to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted-written permission to use a designated facility for a licensed function and; (e) "Division Head" means the City's Division Head of Culture and Recreation or designate. DESIGNATED FACILITIES (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Green River Community Centre (f) Greenwood Community Centre (g) Mount Zion Community Centre (h) Pickering Civic Complex (i) Picketing Recreation Complex (j) Seniors Activity Centre (k) West Shore Community Centre (I) Whitevale Community Centre (m) Petticoat Creek Community Centre (n) Pickering Museum Village (2) The following are designated facilities for outdoor licensed functions: (a) Claremont Community Park (b) Dunmoore Park (c) Kinsmen Park o (d) Alex Robertson Park . (e) Pickering Museum Village ALCOHOL RESTRICTIONS WITHIN DESIGNATED FACILITIES .. o All designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the Liquor Licence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. SAFE TRANSPORTATION (1) Only those users implementing a safe transportation strategy (e.g., a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Division Head may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. NO ALCOHOL AND LOW ALCOHOL DRINKS (1) Only users offering a sufficient quantity of no alcohol and Iow alcohol drinks will be permitted to use designated facilities for licensed functions. (2) The Division Head may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. "STATEMENT OF INTOXICATION" SIGN (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering - Department of Operations and Emergency Services - Culture and Recreation Division Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to obey the law and not serve anyone to intoxication. Should you wish a no alcohol or Iow alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for display by them in the designated facility during the licensed function, PARTICIPANT CONTROL (1) Only. users providing sufficient controls to prevent underage, intoxicated or rowdy persons from entering the designated facility, to refuse service to such persons, and to remove such persons from the designated facility will be permitted to use designated facilities for licensed functions. (2) Such controls shall include the following: (a) Having a supervisor in charge of the licensed function present in ~"'~"~,,~ the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed function at all times during the function; (c) Accepting only an age of majority card, a photo driver's license or a passport as identification for entry; (d) Having a monitor or monitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 partiCipants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and (g) Providing a list of the names of supervisors, monitors and servers to the Division Head prior to the function. (3) The Division Head may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. SUPERVISOR~ MONITOR~ AND SERVER TRAINING (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Division of Culture and Recreation. (3) The Division Head may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. INSURANCE (1) Only users having a minimum of $1,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated facilities for licensed functions. (2) The Division Head may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted. 10. ACCOUNTABILITY H) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: (a) The name, address and telephone number of the user; (b) The name, address and telephone number of the representative of the user responsible for the function; (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of the Division of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Division Head's Direction; (a) Indefinitely, or (b) Until the user can demonstrate to the Division Head's satisfaction that a further contravention shall not occur. 11. PROMOTING THE POLICY The Division of Culture and Recreation shall design and implement, in consultation with the Addiction Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. 4