HomeMy WebLinkAboutBy-law 6380/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6380/04
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 Rya n,~,M ~__...~'
B,,B,B~e Taylor, Clerk
CORP0223-07/01
Schedule "A"
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 is otherwise licensed by, the Liquor License Board of
Ontario at which alcoholic beverages may be consumed;
(b)
"Closed private licensed function" means a licensed function
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
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) Front Street Centre
(f) Green River Community Centre
(g) Greenwood Community Centre
(h) Mount Zion Community Centre
(i) Pickering Civic Complex
(j) Pickering Recreation Complex
(k) Seniors Activity Centre
(I) West Shore Community Centre
(m) Whitevale Community Centre
(n) Petticoat Creek Community Centre
(o) Pickering Museum Village
(2)
The following are designated facilities for outdoor licensed
functions:
(a) Claremont Community Park
(b) Dunmoore Park
(c) Kinsmen Park
(d)
(e)
Alex Robertson Park
Pickering Museum Village
3. ALCOHOL RESTRICTIONS WITHIN DESIGNATED FACILITIES
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.
4. 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.
5. 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.
6. "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.
7. 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:
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(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.
8. 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.
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9. INSURANCE
10.
11.
(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.
ACCOUNTABILITY
(1)
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.
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.
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