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3150 To adopt a Municipal Alcohol PolicyCORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3150 BEING A BY-LAW TO ADOPT A Municipal Alcohol Policy WHEREAS the Council of the Town of Tillsonburg recognizes the need for a clear and concise set of policies regarding the consumption of alcoholic beverages in Municipally owned facilities and Parks. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT effective upon passage the municipal Alcohol Policy attached hereto as Schedule "All and forming part of this By-law is hereby adopted as the policies and procedures for consumption of alcoholic beverages in Municipally owned facilities and parks for the Town of Tillsonburg. 2, THAT this Municipal Alcohol Policy By-law may be amended from time to time as directed and deemed necessary by the Council of the Corporation of the Town of Tillsonburg. 3, THAT any Municipal Alcohol policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND THE 29TH DAY OF MARCH, 2005 READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF APRIL, 2005 Mayor - Stephen Molnar Clerk - Michael Graves SUBJECT: Municipal Alcohol Policy — (M.A.P.) _ INTRODUCTION Council first endorsed a by-law for an Alcohol Management Policy in 1994. This policy has proven to be very effective in Municipal Risk Management and has been included in the rental contract for all Municipal Facilities rented and licensed for special occasion permits. The policy is also intended to promote a safe, enjoyable environment for those who use these facilities. By managing and enforcing this policy, the Town of Tillsonburg hopes to reduce any possible risk of litigation. GOAL STATEMENT In order to reduce alcohol related problems that may arise from alcohol consumption within its facilities and to promote a safe, enjoyable environment for users of these facilities, the Town of Tillsonburg has developed a M.A.P. The Town of Tillsonburg offers a variety of unique recreational experiences for people of all ages. Our goal is to encourage responsible use of alcohol during Special Occasion Permit functions to ensure the health and safety of the participants and the protection of Town of Tillsonburg facilities. POLICY OBJECTIVES To provide appropriate procedures and education to individuals or groups wishing to hold events in parks and facilities within the Town of Tillsonburg's jurisdiction in order to ensure that all Liquor Licence Board of Ontario legislation pertaining to Special Occasion Permits is properly understood and complied with. To encourage and reinforce moderate drinking practices through the development of appropriate operational procedures, controls, training and education. CONDITIONS OF THE USE OF ALCOHOL IN MUNICIPALLY OWNED FACILITIES Anyone who wishes to serve alcohol at a designated site must sign an agreement (contract) form that stipulates the conditions under which alcohol may be served and acknowledges the requirements. In addition, the responsible person must obtain a Special Occasion Permit from the Liquor Licence Board of Ontario (LLBO). The Special Occasion Permit holder must comply with the Liquor License Act, R.S.O. 1990, Chapter L.19, the Regulations and all of the provisions of the Town of Tillsonburg M.A.P. Created on 3/23/2005 12:16 PM Page 1 of 6 ELIGIBLE FACILITIES TO SERVE ALCOHOL Tillsonburg Community Centre: Lion's Auditorium, Lion's Den, Senior Centre Auditorium, Rotary Room, Memorial Arena Floor, Pool deck -rear, Marwood Lounge, DeCloet Lounge, Pool Viewing Meeting Room, Lake Lisgar Water Park Special Tents (with Town of Tillsonburg endorsement), Parks & Playgrounds: Only ballparks will be designated as suitable for outdoor Special Occasion permit functions. All other parks require written approval from the Director of Community Services through Council. Tillsonburg Special Event Centre: Main Event floor, Kitchen, Board Room, Inside Fenced Parking Compound Tillsonburg Public Library -Auditorium Annandale National Historic Site - Meeting Room Other Municipally Owned Facilities: All other facilities require written approval from the Town of Tillsonburg, Chief Administrative Officer AREAS DESIGNATED WHERE ALCOHOL USE IS PROHIBITED The consumption of alcoholic beverages is prohibited in the majority of parks, gardens, sports facilities and service facilities within the jurisdiction of the Town of Tillsonburg. The Town of Tillsonburg has a zero tolerance policy on the consumption of alcohol where proper permits have not been obtained. The Town may change the designation of any site within its jurisdiction at its discretion. EVENT PERSONNEL - Responsibilities 1. Permit Holder, Event Volunteers/Event Staff (hired by the Permit Holder or organizer) The permit holder must: • Abide by all the rules of the M.A.P. • Attend the event and be sober during the event • Ensure that the bartenders and servers do not serve alcohol to any one under age, intoxicated or rowdy at the event. Permit Holder, Event Volunteers/event staff workers cannot drink alcohol before or during the event. Access & Control The permit holder and event volunteers/event staff shall accept the following as proof of age for alcohol purchase or consumption: • Ontario Drivers Licence • Canadian Passport • Canadian Citizenship Card • Canadian Armed Forces I.D. card • Bring Your Identification (B.Y.I.D.) card issued by the Liquor Control Board of Ontario • Liquor Licence Board of Ontario ID card (no longer issued, but accepted as valid I.D.) Entry to public functions, must be denied to: • Intoxicated or unruly individuals • Individuals carrying alcoholic beverages • Individuals previously turned away from the event Created on 3/23/2005 12:16 PM Page 2 of 6 2. Event Organizers The event organizers will only use monitors, ticket sellers and bartenders who are nineteen (19) years of ,age and older 3. Bartenders/Servers All bartenders and servers must be completely trained in an approved course as set out by the Liquor License Board training in the responsible service of alcoholic beverages, such as Smart Serve. Certificate card of completion must be available at the request of the Director of Community Services or designate. All service clubs and organizations are encouraged to have members trained in the identification and prevention of intoxicated patrons. SALE OF ALCOHOL & SERVING PRACTICES 1. Discounts will not be offered for volume purchase of tickets when tickets are sold for alcoholic beverages. The Town may require that a limit be imposed on the number of tickets to be sold to any one person at one time. RATIONALE • By limiting the number of tickets or drinks participants may purchase at one time, the ticket sellers, monitors, bartenders and servers are provided with more opportunities to observe participants for signs of intoxication. 2. No marketing practices that encourage increased consumption will be permitted. Examples: Oversized drinks, double shots, pitchers of beer, drinking contests or volume discounts RATIONALE Table consumption can be moderated by not selling rounds of large numbers of tickets. 3. No "Last Call" will be announced prior to the end of the event/sale of alcohol. RATIONALE • Announcing, "last call", prior to end sales encourages some patrons to purchase the maximum number of drinks allowed to prolong the event and drinking. 4. Bartenders and servers are required to pour all beverages into disposable cups at the bar. All bottles are to be kept behind the bar. RATIONALE • By pouring all beverages into disposable cups, the chance of glass/bottle breakage is minimized. 5. Halloween Parties, where masked identity of individuals are in attendance, must meet the following conditions: a) Acceptable type of identification, as listed b) No one under the age of 19 years admitted RATIONALE • Participants may behave inappropriately since they might not be recognized • By unmasking, standards of behaviour are less likely to change and event volunteers/workers can ensure proper identification and proof of age 6. A sign will be prominently posted at the bar and at the ticket counter stating the law on serving to intoxication. The sign will read: "it is against the Liquor License Act of Ontario for licensed establishments to serve customers to intoxication. For this reason, servers in our facilities are required to obey the law and not serve anyone to intoxication. We are also pleased to offer non-alcoholic beverages." Created on 3/23/2005 12:16 PM Page 3 of 6 7. A sign will be prominently posted stating the type of identification accepted as proof of age. The sign will read: "ire Ontario, the legal drinking age is 19 years of age. You may be asked for proof of age. Acceptable identification is: • Ontario Drivers Licence • Canadian Passport • Canadian Citizenship Card • Canadian Armed Forces I.D. card • Bring Your Identification (B.Y.I.D.) card issued by the Liquor Control Board of Ontario • Liquor Licence Board of Ontario ID card (no longer issued, but accepted as valid I.D.) LOW ALCOHOL AND NON-ALCOHOLIC OPTIONS 1. The Permit Holder will ensure that 30% of the alcoholic beverages offered consist of low alcohol options (i.e. low alcohol beer, light wine, and low alcohol spirits). Non-alcoholic beverages must be readily available and priced significantly below any alcoholic beverage. 2. The Permit Holder shall provide a sign, which shall be prominently posted identifying the low alcohol and non-alcoholic beverages available at the event. RATIONALE • Low alcohol beverages help prevent intoxication by prov►ding responsible consumers with an opportunity to consume less alcohol and avoid becoming intoxicated. A patron consuming a regular beer (at 5% alcohol) would have to drink two "extra light" beers (at 2.5% alcohol) to ingest the same amount of alcohol. Similarly, "light" beer (at 4% alcohol) represents a 20% reduction in alcohol intake. ACCOUNTABILITY and CONTROL 1. SPECIAL OCCASION PERMIT: The Permit Holder shall post the Special Occasion Permit at the bar area clearly stating the name of the Special Occasion Permit holder and the telephone numbers for the designated contact person, secondary contact person and the Liquor Licence Board of Ontario. RATIONALE • While the local authorities and Liquor Licence Inspectors are informed of the date and place of the special occasion function, they do not always have an opportunity to drop in and check on the operation of the event. • The Permit Holder must remain on site at all times. If, for some reason, they cannot, a secondary name must be posted. Concerned participants will know whom to contact immediately on the premises. This can facilitate early correction of potentially risky situations. 2. LIABILITY INSURANCE: The Permit Holder shall obtain a minimum of TWO MILLION ($2,000,000.00) DOLLARS liability insurance, naming the Town of Tillsonburg as an additional insured, at least two weeks prior to the event. The permit holder will indemnify and save the Town of Tillsonburg harmless from all claims arising from the permit or event. The actual insurance limits required may be increased at the discretion of the Town of Tillsonburg. Recommended form of insurance — Party Alcohol Liability (PAL Insurance). Created on 3/23/2005 12:16 PM Page 4 of 6 RATIONALE E • If an individual is injured, and if the Town of Tillsonburg were to be found "jointly and severally" liable, the Town of Tiilson+burg could end up paying part or all of the judgment should the Special Occasion Permit holder be inadequately insured or uninsured. • In addition to the expense to the municipality to defend any legal action, the municipality might have difficulty obtaining continued insurance coverage. 3. CONTROL: In order to be eligible for a facility rental for a special occasion function, the renter must demonstrate to the satisfaction of the Director of Community Services or designate that there are sufficient controls in place to prevent under age, intoxicated or rowdy people from entering the event and that the intoxicated participants will be refused services and removed from the event. ReT1nNoi P • Renters must understand that prevention of intoxication is paramount. Controls must be enforced to allow for an enjoyable and safe atmosphere for all present. PROCEDURES FOR DEALING WITH PROBLEM PATRONS 1. In the case of patrons who are intoxicated to the point that they must be cut-off, the Permit Holder or designated Event volunteer/staff must make every effort to ensure that the patron does not drive and that he or she will arrive safely at home. In some instances, non -intoxicated friends might agree to drive the person home, or a cab may be called for the patron. 2. In an effort to encourage patrons not to drink and drive, free access to a phone should be made available to persons wishing to call a taxi and the telephone number of a taxi company should be prominently displayed. 3. If an intoxicated person insists on driving, the Permit Holder and/or staff may have to attempt to detain the person and call the police. 4. The Permit Holder is required to report in writing to the Director of Community Services within 48 hours all incidents in which patrons are injured or ejected from an event or Police are called. SAFE TRANSPORTATION The Permit Holder is responsible for promoting safe transportation options for all the drinking participants. Examples of safe transportation options are: • A designated driver selected from non -drinking participants at the event; • A designated driver provided by the sponsoring group; or • A taxi paid either by the sponsoring group or the participant. QnTinNei F: • The risk of liability is especially high when an impaired driver leaves an alcohol-related event. Event organizers must assume responsibility for promoting safe transportation for all drinking participants. Safe transportation options are essential since the only way to sober up an impaired person is with time. Created on 3/23/2005 12:16 PM Page 5 of 6 RI=I=P TI=NT -q The Town Fire Chief and the Town Building Inspector will determine maximum capacity for beer tents based on exits and floor area. Letters of approval must be received by the Fire Chief, Building Inspector and O.P.P. For potential problem rentals, the Town reserves the right to require the presence of two (2) police officers (off duty) or private Security Company for the duration of an event. This cost will be borne by the sponsoring group or individual. The Town also reserves the right to refuse the issuance of a facility rental permit at their sole discretion. ENFORCEMENT PROCEDURES FOR M.A.P. VIOLATION 1. A violation of the M.A.P. occurs when individuals consume alcohol in a municipal facility or area in violation of this policy or any municipal, provincial or federal legislation including the conditions of the Liquor Licence Act of Ontario. Participants at the event, other users of the facility, Town of Tillsonburg staff, Police or an Inspector of the Liquor Licence Board of Ontario can intervene at any time. 2. A member of the organizing group(s) or the designated monitor(s) may intervene by informing the offending individual of the M.A.P. violation and asking that it stop. Group members and monitors are encouraged to intervene in this way because intervention at other levels could result in a loss of privileges and legal charges. 3. Where a Permit Holder has violated the M.A.P., and has been confronted by a Town of Tillsonburg staff member, the group shall be sent a letter by the Manager or designate advising of the violation, and indicating that further violations will not be tolerated. 4. Should the Permit Holder violate the M.A.P. again within one year of receiving notice of a first violation, the licence holder and event organizers shall be suspended from organized use of a Town of Tillsonburg facility or area for a period of one year. The Community Centre Manager will send a letter to the appropriate contact person advising of the suspension. (Copy to Director of Community Services who shall forward information to Chief Administrative Officer and Council) 5. Where, in the opinion the Town of Tillsonburg Community Centre Manager/Director Community Services, there has been a violation of a provincial or federal statute, the event organizers shall be immediately suspended from organized use of a Town of Tillsonburg facility or area for a period of one year or such longer period as are warranted in the circumstances. A letter shall be sent by the Community Centre Manager/Director of Community Services and copied to Chief Administrative Officer and Council. 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