CASUAL LEGAL: COVID-19 confirms that liquor is an essential service
Attention: AMSC Members – Please distribute to all appropriate personnel
COVID-19 Confirms that Liquor is an Essential Service
By James McTague
Reynolds Mirth Richards Farmer LLP
AMSC Casual Legal Service Provider
The government has been continually passing legislation to deal with the significant impact COVID-19 is having throughout the nation. Governments of several provinces in Canada, including Alberta, have relaxed and amended various restrictions pertaining to the manufacture and production of liquor products.
The government exercised its authority pursuant to the Public Health Act, RSA 2000, c P-37 to declare a state of public health emergency on March 17, 2020. The state of emergency put many restrictions on Albertans, including the restriction of large gatherings, closure of recreational facilities, limitations on restaurants, and restrictions on bars.
Pursuant to the state of emergency, the government ordered a prohibition from the public attending at businesses that hold a Class A liquor license (Minors Prohibited Licenses), which includes some restaurants, bars, and nightclubs. The Alberta Gaming, Liquor and Cannabis Commission (“AGLC”) has ordered that some previous restrictions are to be eased and holders of Class A liquor licenses are now permitted to sell alcohol through delivery services and off-sales, even without the purchase of food items.
By way of section 129 of the Gaming, Liquor and Cannabis Act, RSA 2000, c G-1, the province amended section 35 of the Gaming, Liquor and Cannabis Regulation, Alta Reg 143/1996 to explicitly allow for Class A liquor license holders “to sell or provide liquor from the licensed premises for consumption off the licensed premises”.
In response to the increasing risk COVID-19 has to Albertans, on March 27, 2020 the government ordered the immediate closure of all non-essential businesses. The government has released a list of essential services, which deems most entities in the liquor supply chain as essential, including liquor stores and alcohol producers. At this time, there is notable uncertainty as to how long these orders will be in place, but there appears to be a real possibility that such measures could be in place until the summer of 2020.
Although liquor-related businesses are still able to sell liquor pursuant to the amendments to the legislation, the prohibition from allowing the public to enter into such establishments still remains. In addition to the ongoing requirements for the responsible sale of alcohol, all off-sales must be sealed in a manner to indicate the items have not been opened during transportation.
The last notable release from the AGLC pertains to Class E license holders (alcohol manufactures) who are now producing non-potable alcohol-based products, which includes hand sanitizer. The AGLC does not regulate such products but has issued some guidance to assist manufacturers who have transitioned away from conventional potable alcohol products.
Although such changes may not directly impact a municipality’s operation, municipalities must be conscious of the changes these amendments will have on the dynamic of some businesses within the municipality and how some businesses will be operating and interacting with the public. Liquor off-sales could impact some planning considerations and cause potential conflicts in which a municipality has restrictions upon the spatial separation between entities that sell alcohol and other nearby uses. Also, such changes may impact the need for enforcement of bylaws preventing the public consumption of alcohol.
To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact Will Burtenshaw, Senior Director, Risk & Claims, at 780-431-4525, or toll-free at 310-AUMA (2862) or via email at wburtenshaw [at] auma.ca. Any Regular or Associate member of the AUMA can access the Casual Legal Service.
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
