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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Service Area: Community Services
Policy No.:
Department: Recreation & Culture
Approval Date:
March 18, 2024
Division:
Special Events
Approved By:
CR120/2024
Effective Date:
March 18, 2024
Subject:
Municipal Alcohol Policy
Procedure Ref.:
Review Date:
Pages:
Replaces:
Prepared By: Michelle Staadegaard
Date:
1. POLICY
1.1. It is the policy of The Corporation of the City of Windsor ("City") that, when
alcohol is to be sold, served or consumed at events held on City property or at
locations or events under the City's control, these activities are carried out in a
safe and responsible manner and in accordance with all local and provincial
guidelines.
2. PURPOSE
2.1. The Municipal Alcohol Policy ("Policy") is required to:
2.1.1. Provide direction for the sale, serving and consumption of alcohol on City
property or at locations or events under the City's control.
2.1.2. Provide appropriate and reasonable procedures and education to
individuals or groups wishing to hold events in municipal recreation facilities
in order to encourage and enforce responsible drinking practices and
adherence to the Liquor License and Control Act.
2.1.3. Reduce problems associated with excessive consumption and to reduce
liability.
2.1.4. Provide a balance of opportunities for wet and dry functions and facilities
in order to ensure that adults, youth and families, either consumers or
abstainers, will be adequately serviced and protected.
2.1.5. Honour the decision of abstainers not to drink alcohol and to encourage
their participation by ensuring the provision of alternative, non-alcoholic
drinks.
2.1.6. Be proactive in the reduction of incidents including injury and death
through the implementation of a municipal alcohol policy.
2.1.7. Develop a municipal alcohol policy that is easy to read and understand in
order to maximize its use and compliance.
2.1.8. Ensure all requirements of the Alcohol Gaming and Commission of
Ontario ("AGCO") and Liquor License and Control Act are met and adhered
to.
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3. SCOPE
3.1. The Municipal Alcohol Policy applies to all City staff, volunteers, community
partners who either manage or have control over City property, rental clients and
organizers of events on City property, at which alcohol will be sold, served or
consumed.
3.2. This Policy applies to the sale, serving and consumption of alcohol on City
property or at locations (collectively referred to as "City Property"), whether or
not a facility is operating under a liquor licence issued by the AGCO, a Special
Occasion Permit, a liquor licence with Catering Endorsement, or any other
approval that has been issued by the AGCO. City Property includes the
following;
- All City-owned properties including outdoor (parks) and indoor (community
centres) facilities
- All properties leased by the City
- City Highways including the travelled portion of the Highway (roadway),
boulevards, sidewalks or other areas of the Highway,
- Properties controlled by local boards over which City Council may require
general policies be followed,
- Events held by the City at partner or third-party premises, and,
- City Properties under a Public-Private Partnership Agreement, as
determined on a case by case basis by the Executive Director, Recreation
and Culture or designate.
4. RESPONSIBILITY
4.1 The Chief Administrative Officer and Commissioners are responsible to;
4.1.1 Support this Policy and ensure compliance and adherence by all City
Departments
4.2 The Executive Director of Recreation & Culture is responsible to;
4.2.1 Ensure all staff are familiar with the Policy and its guidelines
4.3 Department Manager(s) are responsible to;
4.3.1 Permit the use of City Property for an event at which alcohol will be sold,
served or consumed, in accordance with this Policy and applicable by-
laws.
4.3.2 Require immediate correction and or termination of an event on behalf of
the City of Windsor for reasons outlined in this Policy. This may include
the right to revoke a permit to hold an event or prohibit the sale, serving or
consumption of alcohol at an event on City Property, as more specifically
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set out in the rental or facilities permit or agreement for the event on City
Property.
4.4 Event Owner - All 3rd party organizations (Event Owners) who are holding an event
where alcohol is being sold, served or consumed at a City property or at a location
under the City's control is responsible to;
4.4.1 Complete and sign documentation required by the City to confirm that the
event Owner has received, read, understood, and has undertaken the steps to
comply with this Policy and the governing rules and regulations within their permit,
rules and regulations set in this policy and regulations set forth by the AGCO.
5. GOVERNING RULES AND REGULATIONS
The consumption of alcohol is prohibited in all public places such as parks, arenas, and
community centres unless a Special Occasion Permit or licence for the facility has been
obtained.
For all events at which alcohol will be sold, served or consumed on City Property, the
event owner must ensure that the following General Conditions are met:
5.1
The Event Owner must obtain a permit for the use of the property or facility at
which the event is to take place from the City Department having operational
jurisdiction over the property or facility, or having responsibility for the event if it is
occurring on third party property.
5.2
The Event Owner must provide, at their own cost, information required by the
responsible City Department in support of its application for such permit. The
permit must specify the date, duration, nature, purpose and expected attendance
at the event, as well as any other details of the event that may be required by the
City Department to determine if the event meets the requirements of this Policy
and for the proper management by the City of its property.
5.3
The sale, serving and consumption of alcohol may take place only on property
the City identified in Section 3.2 of this policy and under the conditions outlined in
this Policy.
5.4
In order to hold an event with alcohol on City Property, the Event Owner must
obtain a Special Occasion Permit (SOP) or have a Catering Endorsement for the
event from the AGCO, or other approval issued by the AGCO, and must, at all
times during the event, comply with applicable regulations, processes and best
practices of the AGCO, including those relating to Smart Serve Guidelines.
5.5
The Event Owner must obtain and maintain for the duration of the event
appropriate insurance in the form of Commercial General Liability Insurance that
includes liquor liability coverage subject to limits of not less than Two Million
Dollars ($2,000,000) inclusive per occurrence, or as otherwise prescribed by the
Executive Director of Recreation & Culture, having operational jurisdiction over
the property or facility at which the event is taking place with the concurrence of
the City Solicitor, and such insurance must name the City as additional insured.
5.6
The Event Owner must comply with the Event Owner Responsibilities as outlined
in section 4.4 of this Policy.
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5.7
During events at which alcohol is to be sold, served or consumed, a bilingual sign
with wording including the following information shall be displayed in a prominent
location immediately within each licensed area where alcohol is to be sold,
served, consumed or distributed in any manner:
-
servers are prohibited from serving alcohol to:
-
participants under 19 years of age
-
intoxicated persons,
-
anyone who appears to be at the point of intoxication, and
-
ask your server about safe transportation options
5.8
Glass containers (bottles, glassware or carafes) are not permitted in the above
locations, with the exception of within bar service areas.
5.9
The Event Owner must ensure that the original special occasion permit (SOP), or
liquor licence with a Catering Endorsement, or any other approval obtained from
the AGCO, is posted in a conspicuous location in the licensed/server area or
must keep it in a place where it is readily available for inspection, for the duration
of the event.
5.10 The event must comply with all applicable federal and provincial laws and
regulations, and applicable municipal by-laws.
DEFINITIONS
AGCO: Alcohol and Gaming Commission Ontario
Event Owner: Any person(s) 19 years of age or over who applied to obtain and has
been granted permission to hold an event involving the sale or consumption of alcohol
on premises as defined in this Policy.
SOP: A special occasion permit issued by the AGCO as required under the Liquor
Licence Act, that is needed any time alcohol is offered for sale, served or consumed
anywhere other than in a licensed establishment or a private place. SOP's are for
occasional, special events only and not for personal profit or running an ongoing
business.
Highway: Includes a common and public highway, street, avenue, parkway, driveway,
square, bridge, viaduct, or trestle under the jurisdiction of the City, any part of which is
intended for, or used by, the general public for the passage of vehicles and includes the
area between the lateral property lines thereof
Roadway: That part of the Highway that is improved, designed or ordinarily used for
vehicular traffic, but does not include the shoulder, and, where a highway includes two
or more separate roadways, the term "roadway" refers to any one roadway separately
and not to all the roadways collectively
Sidewalk: Those parts of the Highway set aside by the City for the use of pedestrians
6 RECORDS, FORMS AND ATTACHMENTS
6.1
Appendix A - Relevant Contact Numbers
6.2
City of Windsor Special Events Manual
6.3
City of Windsor Special Events Procedure