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HomeMy Public PortalAboutBy-Law 2014-40 Adopt Alcohol Risk Management PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2014-40 Being a By -Law to adopt an Alcohol Risk Management Policy for the Municipality of Tweed. WHEREAS the Municipal Act, 2001 provides the general authority for Councils to adopt policies; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. That the Municipality of Tweed Alcohol Risk Management Policy attached hereto as Schedule "A" to this by-law is hereby adopted as the policy for alcohol risk management in the Municipality of Tweed. 2. That this by-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 25th day of November, 2014. Read a third and final time, passed, signed and sealed in open Council this 25th day of November, 2014 miki t_e_ Oa- CLE (nom .r Municipality of Tweed Alcohol Risk Management Policy Policy Statement: Municipalities inherently have an exposure to liability with respect to alcohol -related injuries due to the provision and rental of their facilities for events involving the use of alcohol. Essentially, the potential liability results from one of two areas: • As a provider of alcohol (i.e. when the municipality is involved in the disbursement of alcohol), or • As the owner of the premises upon which alcohol is being consumed (i.e. rental function and municipality controls the premises). O O The Municipality of Tweed operates facilities where the sale of alcohol may be permitted under a Special Occasion Permit. A Municipal Alcohol Risk Management Policy has been developed to reduce alcohol related problems within municipal facilities while at the same time promoting a safe, enjoyable environment for those who use those facilities. By reducing the potential for alcohol -related problems, the Municipality of Tweed reduces their risk of liability and fosters safe, enjoyable facility use for public enjoyment. Purpose: 1. To provide appropriate and reasonable procedures and education to individuals or groups wishing to hold events in all municipality owned facilities. 2. To encourage and enforce responsible drinking practices and adherence to the Liquor Licence Act of Ontario. 3. To ensure proper supervision and operation of events in order to protect the Municipality, its staff and volunteers from liability arising from events, and to assist event sponsors in doing so by providing guidelines for proper supervision and proper orientation of events. 4. To encourage and reinforce responsible, moderate drinking practices for consumers through the development of appropriate operational procedures, controls, training and education. 5. To honour the decision of abstainers not to drink alcohol and to encourage their participation by providing alternative, non-alcoholic drinks. 6. To provide for a balanced use of alcohol so the alcohol becomes a responsible part of a social function rather than the reason for it. 7. To promote the safe and responsible use of the facilities and ensure that consumers, abstainers, adults, youth and families will be adequately serviced and protected. 8. To be proactive in the reduction of incidents including injury and death through the implementation of an Alcohol Risk Management Policy. 9. To develop an Alcohol Risk Management Policy that is easy to read and understand in order to maximize its use and adherence. Page 1 Municipality of Tweed Alcohol Risk Management Policy 0 0 Scope: This Policy pertains to all events held at Municipality owned facilities. Definitions: "Booking Agent" includes Council appointed Hall Committee representative(s) and municipal staff who have the authority to reserve facilities on behalf of the Municipality. "Council" means the Council for the Corporation of the Municipality of Tweed. "Designate" refers to Council appointed Hall Committee representative(s) and municipal staff who have the authority to act on behalf of the Municipality. "Manager of Public Works" means Manager of Public Works for the Corporation of the Municipality of Tweed, or his/her designate. "Facility" means a facility owned by the Municipality that is available for rent. "OPP" mean the Ontario Provincial Policing. "Permit Holder" means the applicant who completes the Special Occasion Permit for a liquor licence. "Private Events" include events held by invitation only such as weddings, anniversaries, wine and cheese receptions, etc. "Public Events" include any indoor and outdoor events where the general public will be attending such as dances, open houses, tournaments and beer gardens. "Renter" means any person or organization who applies to rents the facilities in the Municipality. "Municipality" and "Municipality of Tweed" refers to the Corporation of the Municipality of Tweed. General: This Policy shall be administered by the staff and volunteer designates operating facilities on behalf of the Municipality. This Policy shall be referred to as the "Alcohol Risk Management Policy". This Policy shall come into force and effect on the day it receives Council approval. This Policy shall be reviewed as needed. Authority: The authority for the Alcohol Risk Management Policy shall be by the approval of the Council of the Municipality of Tweed. Page 2 Municipality of Tweed Alcohol Risk Management Policy Conditions for Special Occasion Permits The consumption of alcohol is prohibited in all public places unless a Special Occasion Permit for the facility has been obtained. The person/group responsible for an event with alcohol must obtain a Special Occasion Permit from the Liquor Control Board of Ontario, and ensure that all the conditions of the Liquor Licence Act and the Municipality of Tweed are adhered to for the event. The permit holder is responsible for ensuring the Special Occasion Permit and purchase receipts are prominently displayed at the bar at the event. The Municipality or its designates reserve the right to refuse any applicant permission to run a licensed event on its property and to impose on the event whatever restrictions it deems appropriate to the circumstances. Permits will not be issued by the Municipality of Tweed for alcohol consumption at any youth focused event. All renters are required to adhere to the conditions as outlined in this Policy. All renters are required to adhere to all applicable Federal, Provincial and Municipal legislation and regulations. Controls Prior to Event The renter will receive a copy of this Policy, together with a Rental Contract, to be signed and returned to the booking agent at least two (2) weeks prior to the scheduled event. The renter will also provide the booking agent with a list of bartenders and door monitors that will be working at the event at least two (2) weeks prior to the event. The renter and permit holder must ensure that all conditions of the Alcohol and Gaming Commission policies are adhered to. A copy of all SMART SERVE Certificates or equivalent shall be provided to the booking agent 2 weeks prior to the event. Responsibilities and Requirements of the Permit Holder • The permit holder will ensure that the bartenders and servers do not serve alcohol to underage, intoxicated, rowdy or unauthorized people at the event. The permit holder will have intoxicated, rowdy or unauthorized persons removed from the event. • The permit holder will ensure that all monitors will supervise the event, encourage legal and moderate drinking behavior and ensure that any problems that arise are dealt with appropriately. • The monitors, bartenders and servers will not consume alcohol during the event, nor will they be under the influence of any alcohol consumed before the event. • The permit holder and renter will be responsible for recognizing the need for assistance, during the event. In the event of an emergency or incident, it is the responsibility of the renter to call 911. The permit holder appointed on the Special Occasion Permit must attend the event and be responsible for making decisions regarding operation of the event. They must not consume alcohol while performing this role, nor be under the influence of any alcohol consumed before the event. O Page 3 Municipality of Tweed Alcohol Risk Management Policy Minimum Staffing Requirements for Public Events # Attendees # Bartenders Required # Monitors Required # Smart Serve 1-100 1 1 2 101-200 2 1 2 201 Plus 3 1 3 Door monitors are responsible for preventing underage, intoxicated, rowdy or unauthorized people from entering the event. Acceptable photo identification for proof of age includes:. Ontario Driver's Licence, LCBO's,BYID Card, Canadian Passport, Canadian Citizenship Card, Canadian Armed Forces Indentification Card, Certificate of Indian Status Card, Permanent Resident Card and Ontario Photo Card. O Minimum Staffing Requirements for Private Events One Smart Serve trained bartender, one floor monitor who may be the permit holder. Renter and permit holder must adhere to all Rental Contract requirements. Identification Public Events: Persons of legal drinking age attending a public event must be distinguished from other participants by a visible means (i.e. wrist band). Youth Events: No alcohol or alcohol advertising will be permitted at youth events. Bar Area Closure and Premises Vacated The bar is to be closed at 1:00 am with no last call. The facilities are to be vacated by 1:30 am (2:00 am on New Year's Eve) unless otherwise stated in the Rental Contract. The only exception is for clean up after the event. This must be negotiated with the booking agent in advance of the event. Failure to Comply with Policy A permit holder and/or renter who fails to comply with the Alcohol Risk Management Policy or the Liquor Licence Act of Ontario will have their rental privileges revoked immediately, with the Municipality or its designates reserving the right to revoke these privileges indefinitely and at their discretion. This action will include cancellation of future Rental Contract and/or stoppage of the event where appropriate. Infractions discovered up to 7 days immediately following the event will also be subject to this provision. Infractions of a criminal nature will be reported to the appropriate authorities. The use of illegal substances is prohibited at all facilities owned and operated by the Municipality. Liability Insurance Renters hosting public events must provide proof of a minimum $2,000,000 in public liability insurance "naming the Corporation of the Municipality of Tweed as an additional insured" and a cross liability clause holding the Municipality harmless. O Page 4 Municipality of Tweed Alcohol Risk Management Policy Renters hosting private events must provide proof of a minimum $2,000,000 in liability insurance "naming the Corporation of the Municipality of Tweed as an additional insured" and a cross liability clause holding the Municipality harmless. Proof of liability insurance must be provided to the booking agent two (2) weeks prior to the event. Alcohol Service Signs outlining the above restrictions will be clearly posted. The renter and permit holder shall ensure that alcohol which is sold or served on the premises will not be removed from the premise by a person attending the event. O The bar area is to close no later than 1:00 am. All patrons must vacate the facility by 1:30 am (with the exception of 2 am on New Year's Eve) unless otherwise stated in the Rental Contract. No person attending the event shall bring their own alcohol onto the premises. Marketing practices which encourage increased consumption will not be permitted (i.e. oversized drinks, double shots, pitchers of beer, drinking contests, and events that include the bar). Adequate supply of food must be served to persons attending the event. Advertising The following alcohol advertising regulations set out for establishments are the same for permit holders: Advertisements may state only the name of the establishment, that you have a liquor licence and the types of liquor you have available. Liquor prices may not be advertised outside of the establishment. Advertisements that carry more information than the above must be approved by the Alcohol and Gaming Commission. Anyone involved in the sale and service of alcohol must know that no action, such as pricing or advertising, may promote or encourage excessive consumption. It is also a violation to require patrons, as a condition of entering or remaining on the premises, to purchase a minimum number of alcoholic beverages. Safe Transportation The renter and permit holder will be responsible for promoting safe transportation options for the drinking participants, such as but not limited to the following: 1. Provide free non-alcoholic beverages for designated drivers 2. Post the phone number of local taxi companies 3. Provide an alternative means of transportation for those who are suspected to be intoxicated (i.e. call a friend, relative or taxi, call the police to warn or apprehend the driver who is suspected to be intoxicated). O Page 5 MUNICIPALITY OF TWEED MUNICIPAL FACILITY RENTAL CONTRACT O O Name of Facility BOOKING INFORMATION Purpose/Nature of Booking Date of Booking Booking Times Start End Anticipated Attendance APPLICANT INFORMATION, Renter's Name Organization Name (if applicable) Address Phone Number Fax Number Email INSURANCE INFORMATION $2 million for HIGH risk events (i.e. public functions with alcohol) Policy # -OR- $1 million for private events Policy# Insurance Certificate must name the Municipality of Tweed as an additional insured. Requirements for Bookings with SOP Name on Special Occasion Permit: SOP Permit #: Name(s) with Smart Serve Certificate and Number: I CERTIFY that I have the authority to sign this agreement on behalf of the organization named above and that the information given by me in this application is true, complete and correct to the best of my knowledge and is given in good faith. _I ACKNOWLEDGE that I (we) am (are) required to comply with any and all conditions or stipulations that are required by the Municipality when this contract is signed. _I CERTIFY, if holding a licensed event, that I have read and agree to abide by the Municipality of Tweed's Alcohol Risk Management Policy. _I CERTIFY that I have applied for all permits and licenses required by Federal, Provincial and Municipal Regulations. Renter's Signature Date Booking Agent's Signature Date MUNICIPALITY OF TWEED ALCOHOL RISK MANAGEMENT POLICY AGREEMENT 1. I have received and reviewed a copy of the Alcohol Risk Management Policy. 2. I understand that I must adhere to the conditions of the Alcohol Risk Management Policy and the Liquor Licence Act of Ontario. 3. I understand that if I or other individuals at the event fail to adhere to the Alcohol Risk Management Policy, the Municipality of Tweed staff or designates may take the appropriate action. This action will include immediate cancellation of the Rental Contract, stoppage of the event, possible suspension from using Municipality- ownedfacilities, and/or the notification of local authorities. O O 4. I understand I can be held liable for injuries and damages arising from failure to adhere to the Alcohol Risk Management Policy and Liquor Licence Act of Ontario, or from otherwise failing to take action that will prevent foreseeable harm from occurring. 5. I understand and acknowledge that I must attend the event and be responsible for making decisions regarding the operation of the event. 6. I understand and acknowledge that I must refrain from consuming alcohol while the event is in progress and must not be under the influence of any alcohol consumed before the event. Renter's Name (Please print) Permit Holder Name (if different from Renter, please print) Renter's Signature Signature Date Date