CORPORATION OF THE TOWNSHIP OF RUSSELL. By-law # Being a by-law to adopt the revised Alcohol Policy

Transcription

1 CORPORATION OF THE TOWNSHIP OF RUSSELL By-law # Being a by-law to adopt the revised Alcohol Policy WHEREAS Council deems it advisable to amend the Alcohol Policy in order to include certain minor changes; now therefore be it RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS: 1. THAT the revised Alcohol Policy as outlined in Schedule "A" attached to and made part of this by-law shall form part of the Department of Parks and Recreation Policies and Procedures of the Corporation of the Township of Russell ; 2. THAT By-law , being a by-law to adopt the revised Alcohol Policy, previously approved on June 16, 2014, be and the same is hereby repealed ; 3. THAT this By-Law shall come into force and take effect upon final reading thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8 TH DAY OF AUGUST, Pierre Leroux Mayor Y~ ;2A"'''' c;.;",.r~ JOam:e Cam ire Laflamm; Clerk Revised Alcohol Policy

2 THE CORPORATION OF THE TOWNSHIP OF RUSSELL MUN RUSSELL TWP Municipalite de RUSSELL Township MUNICIPAL ALCOHOL POLICY Revised July 20, 2016

3 TABLE OF CONTENTS PAGE Introdnction 3 Goal Statement 3 Policy Objectives 3 Alcohol Control Policies Facilities with a Penn anent Liquor Licence Facilities Eligible for SOP Events Municipal Parks & Facilities not Eligible for SOP Events Events not Eligible for SOP Signage Staffing Provision of Non-Alcoholic Beverages Safe Transportation Alcohol Advertising Controls Insurance Enforcement 11 Indemnification 13 Policy Monitoring and Revisions 13 Schedule "A" Special Occasion Permit Applicant Agreement Schedule "A" Revised July 20, 2016

4 1.0 INTRODUCTION The Township of Russell operates facilities where the use of alcohol is permitted under permanent liquor licences or Special Occasions Permits (SOP) events and other facilities where alcohol is not permitted. This Municipal Alcohol Policy (hereinafter "MAP") consists of a range of measures designed to prevent alcohol related problems at events held at facilities owned and operated by the Township (hereinafter "Municipal Facilities"). 2.0 GOAL STATEMENT 2.1 To provide clear guidelines for alcohol use in municipally-owned and operated facilities and parks; 2.2 To reduce the risk of alcohol-related problems and lawsuits; 2.3 To allow adults to have fun, raise money and still consume alcohol; 2.4 To inform rental/user groups about how to run safe and problem-free event; 2.5 To ensure that events workers are adequately trained; 2.6 To enhance our community's reputation as a great place to live and visit; 2.7 To protect youth via the positive attitude of adults. 3.0 POLICY OBJECTIVES 3.1 To provide appropriate procedures and education to individuals or groups wishing to hold events in Municipal Facilities in order to ensure that all Liquor Licence Act requirements pertaining to SOP events are properly understood and strictly complied with. 3.2 To ensure proper supervision and proper operation of both: a) events at Municipal Facilities with a permanent liquor licence and b) SOP events, in order to protect the organizers, the participating public, volunteers, the municipality and its staff from liability by providing education in prevention and intervention techniques and through effective management procedures. 3.3 To encourage and reinforce responsible, moderate drinking practices for consumers through the development of appropriate operational procedures, controls, training and education. 3.4 To honour the decision of abstainers not to drink alcohol and to encourage their participation by providing alternative, non-alcoholic beverages. 3

5 3.5 To provide for a balanced use of alcohol through SOP so that alcohol becomes a responsible part of a social function rather than the reason for it. 3.6 To provide a balance of wet and dry facilities and programs in order to ensure that consumers, abstainers, adults, youth and families will be adequately serviced and protected. 4.0 ALCOHOL CONTROL POLICIES Anyone who wishes to serve alcohol at a designated Municipal Facility (hereinafter the "Sponsor") must complete an agreement form as attached as Schedule A and forming part of this MAP. In addition, the Sponsor must either obtain a SOP from the Alcohol and Gaming Commission of Ontario, or have the event under the Township of Russell's Permanent Liquor License if the event is being held at one of the Municipal Facilities with a permanent license. The Sponsor must ensure that all conditions and requirements of the Liquor License Act, (including any applicable Regulations thereunder) the MAP and any Township of Russell rental agreements are adhered to. The Township reserves the right to refuse any applicant permission to run a licensed event on Township property and to impose on the event and the Sponsor and conditions and/or restrictions it deems appropriate in its sole discretion. 4.1 Facilities with a Permanent Liquor License The Embrun Community Centre Hall, the Embrun Bowling Hall, the Palais des Sports ofembrun Hall and the Marionville Recreation Hall have permanent liquor licenses. These areas are the most suitable Municipal Facilities for holding events. They are equipped with modem kitchens and separate bar areas. The halls are restricted by fire Regulations. 4.2 Facilities Eligible for SOP Events The following are designated facilities suitable for SOP functions offered only for registered non-profit organizations; the Palais des Sports, the arenas concrete slabs, the Dr. Frank Kinnaird Community Centre hall, the Embrun Community Centre hall and the Club de joie de Vivre Hall in the basement of the Embrun Community Centre for the use of the club exclusively. These facilities provide additional rental space capable of accommodating large groups The Russell North and South ball fields, Jean-Paul-Lafortune, Joe-Belisle and Seraphin-Marion ball parks and the Embrun Park Pavilion are designated as suitable for SOP events providing they are within an enclosed/restricted access area. 4

6 4.3 Municipal Parks & Facilities Not Eligible For SOP Events The Embrun and Russell Arenas dressing rooms areas are designated not suitable for the consumption of alcohol The Palais des Sports of Embrun and the Dr. Frank Kinnaird Community Centre in the village of Russell indoor arenas seating areas are designated as not suitable for drinking alcohol The tennis courts located in the park du Palais des Sports of Embrun and on the Russell High School land in the village of Russell are designated as not suitable for SOP events. 4.4 Events Not Eligible For SOP All events involving predominantly minors (majority of participants being under legal drinking age) are designated as NOT suitable for a SOP Street parties are designated as not normally suitable for a SOP. Street parties would be difficult to supervise. However, an exception could be made in the case of a municipally-sanctioned event in a clearly designated and restricted area. 4.5 Sign age A sign shall be prominently displayed in both French and English in permanent license and in SOP designated facilities. In Ontario, it is illegal for anyone to serve a person to the point of intoxication. Signs provide authoritative support to servers and supervisors should they have to refuse service to consumers approaching the point of intoxication. This message is consistent with policy 4.7 which requires a sufficient quantity of non-alcohol beverages (30% designated of to tal available). Also, it indicates that the Sponsor is aware of the Liquor Licence Act and the MAP and is consistent with the Alcohol and Gaming Commission of Ontario SOP Application which states that the holder of the SOP and the facility owners are jointly responsible for the safety and sobriety of the people attending the event Accountability - A sign with the emergency telephone numbers of the Fire Department, Ambulance, Police and local taxis will be posted near the public telephone, or at the entrance and exit to service areas in the absence of a public telephone within the servl ce area. 5

7 Although informed of the date, time and place of sop events in their area, police do not always have the time to drop in, and the number of Liquor License inspectors is limited. This sign informs the participants that there is a procedure for lodging complaints even if enforcement personnel are not present at the event. 4.6 Staffing Server Training In order to be eligible to rent a Municipal Facility, the Sponsor must demonstrate to the satisfaction of the Township that all those serving alcohol and selling tickets have attended and successfully completed a Smart Serve Training Program and have been trained in responsible server techniques. Reducing the risk of litigation requires not only the components of policy and procedures, but also the recruitment of appropriately trained supervisors and servers. It is appropriate for the Township to inform volunteers of the potential for litigation and to provide them with the tools to avoid such proceedings. 4.7 Provision of Non-Alcoholic Beverages In order to be eligible to rent a Municipal Facility, the Sponsor must make non-alcoholic beverages available at a cost significantly lower than that of alcoholic beverage. Further, the Sponsor must not make available extra-strength beer (containing in excess to 5% alcohol) 1 Yz oz. of spirits, 5 oz. of table wine and 12 oz. of 5% beer all contain equal amounts of pure alcohol. Non-alcohol drinks reduce the consumption of absolute alcohol, reduce the likeliness of intoxication and permit participants to socialize throughout the event without becoming intoxicated. The Liquor License Act requires that a variety of brands be offered and that licensed premises must have lists or signs prominently displayed which indicate the varieties and prices of alcohol and non-alcoholic beverages available. The availability of non-alcoholic drinks supports the designated driver program. Note: Please see policy Safe Transportation. 4.8 Safe Transportation Prior to recelvmg rental privileges of Municipal Facilities for SOP events, Sponsors must demonstrate to the satisfaction of the Township that a safe transportation strategy has been implemented. This strategy will include a designated driver program or additional home transportation options, such as: 6

8 4.8.1 Designated Driver Program - designated driver program advertised at event; - identified designated drivers (wearing button or other means of identification) received free non-alcoholic beverages for duration of event Alternate Transportation Options - have sponsor drive intoxicated participant(s) home; and lor - call a friend, relative or taxi to assist intoxicated participants; and/or - if necessary, call police to wam or apprehend the impaired driver. Note: Please see policy Signage. The risk of liability is especially high when an impaired driver leaves an alcohol related event. Event organizers and Sponsors must assume liability for providing safe transportation for all drinking participants. Safe transportation options are essential as the only way to sober up an impaired person is the passage of time. 4.9 Alcohol Advertising Advertising and posters which promote the use of alcohol are prohibited in all Municipal Facilities. Alcohol advertising is designed to encourage and promote the consumption of alcohol. Since it is illegal for people under the age of 19 to consume these products, alcohol advertising in areas frequented by young people is not permitted. Promotion of alcohol products is inconsistent with the Township 's desire to provide a positive example to underage participants who use recreational facilities Controls In order to be eligible to rent a Municipal Facility (whether at a facility with a permanent liquor license or for a SOP event), the event organizer/sponsor must demonstrate to the satisfaction of the Township of Russell that the MAP is understood, that the policies in the MAP will be strictly observed, and that sufficient controls are in place which will assist in ensuring compliance to the Policy. The law clearly establishes that the Sponsor of an event has a "duty to control ", that is to take measures to protect participants from foreseeable harm to themselves or others. In recognition of the Sponsor 's duty to control, the following requirements must be strictly complied with. I. The event Sponsor must provide a list of certified event workers, their phone numbers along with each worker's SMART SERVE registration number at least two weeks prior to the event. 7

9 2. The event Sponsor must provide proof of holding liability insurance, please see section 4.11 Insurance requirements. 3. The event Sponsor must obtain a SOP from the Alcohol and Gaming Commission of Ontario and must provide a copy to the Township of Russell at least ten (\ 0) working days prior to the event. 4. The event Sponsor must ensure that all entrances/exits are properly monitored to ensure that alcoholic beverages remain within the licensed area and are not brought in from outside the licensed area. 5. Before admitting and serving any person apparently under the age of 19, inspection of one of the following acceptable forms of identification shall be performed: - Ontario Driver's License with a photo of the person to whom the license is issued; - Canadian Passport; - Canadian Citizenship Card with a photo of the person to whom the card IS issued; - Canadian Armed Forces Identification Card; - A photo card issued by the Liquor Control Board of Ontario (LCBO), entitled Bring Your ID (BYID) 6. The person who signs the SOP Application and the Rental Agreement must be in attendance at the event at all times and be responsible for making decisions regarding the operation of the event. 7. The event Sponsor is responsible for decision-making during the event and therefore is prohibited from consuming alcohol while the event is in progress. 8. All trained personnel are prohibited from consuming alcohol while the event is in progress. 9. The event Sponsor or his/her designate must prevent patrons from engaging in activities that can harm them or others, and shall ensure that the physical setting is safe for drinkers and non-drinkers and that all exits are kept clear of obstruction at all times. 10. Youth admittance (i.e. individuals under the 19 years of age) to SOP events is prohibited. Some family oriented occasions, such as weddings/or anniversaries may be exempted. In such a case, the SOP pennit holder must ensure that youth are supervised by adults to ensure that alcoholic beverages are not being consumed by the youth. In addition, the number of youth participants must be relatively small as compared to the amount of adult participants. Example of an acceptable ratio: 1 youth per five adults. II. It is recommended that drinks be served in disposable cups. 8

10 12. The Director of Parks and Recreation, and/or hislher designate (hereinafter the "Director"), has the right to enter any SOP event and take control if he/she feels it is necessary at the time. 13. The event Sponsor and all servers and ticket sellers must abide by the MAP. 14. Marketing practices which encourage increased consumption, such as oversize drinks, double shots of spirits, pitchers of beer, drinking contests, shooters and volume discounts are prohibited and will result in the revocation of the event permit. 15. If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar. A maximum of four tickets may be purchased at one time by anyone person, and one drink may be served to one person at anyone time. 16. Unused tickets are to be redeemable for cash on demand at any time during the event. 17. The Director reserves the right to require the presence of police officer(s) for the duration of an event, the cost of which will be borne by the sponsoring group or individual. 18. There will be no last call, or other announcement prior to the end of the event to advise patrons that the bar is about to close, in order to control drink-stocking within the last minutes of the event. 19. SMART SERVE personnel must be present during all SOP events in the ratios identified below. The minimum numbers requested may be increased to at the discretion of the Facility Manager/Municipal Designate. Number of Bartenders Floor Door Supervisors Ticket Sellers Participants Supervisors Under All event workers must wear highly visual identification and approved by the Township (name tag with "Staff' printed on it). 21. Whenever possible, Police will be notified of a potentially risky situation before the 9

11 situation is out of control. 22. In order to reduce the risk of intoxication and the rate of consumption, staff should encourage patrons to consume food, low-alcohol beverages, and non-alcohol beverages. 23. The bar area will close (and the sale and service of alcohol shall end) no later than 1 :00 a.m. and all evidence of the service and consumption of alcohol must be concealed or removed within 45 minutes after the sale and service of alcohol has ended. 24. All entertainment must be terminated by 1 :00 a.m. 25. Facilities must be vacated by 1 :45 a.m Insurance The renters or event sponsor shall at their own expense within 10 days prior to the event, obtain and maintain until the termination of the agreement, provide the Township with evidence of: Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000 per occurrence / $5,000,000 annual aggregate relating to its obligations under this Agreement. Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; liquor liability, personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; owners & contractors protective; occurrence property damage; products & completed operations; employees as Additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause The renters/event sponsor shall add the Township of Russell as Additional Insured. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Township. The renter shall indemnify and hold the Township of Russell harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the renter, their agents, officers, employees or other persons for whom the renter is legally responsible. The Policies shown above shall not be cancelled unless the Insurer notifies the Township in writing at least thirty (30) days prior to the effective date of the cancellation. The insurance policy will be in a fonn and with a company which are, in all respects, acceptable to the Township. 10

12 5_0 ENFORCEMENT 5.1 Violations: A violation of this MAP (hereinafter a "Violation") occurs when SOP holders/sponsors or other individual(s) attending an event fail to comply with any requirement of this Policy, the requirements of the Liquor License Act, or conditions of an SOP issued by the Alcohol and Gaming Commission of Ontario. 5.2 Consequences of Violation Any person in violation, as set out above, shall be subject to the following requirements and consequences: Township staff is authorized to intervene whenever he or she believes that a Violation has occurred or is occurring. Depending on the severity of the Violation, staff may direct the Sponsor or responsible individual(s) to stop the Violation or be subject to having the event terminated. Should the event Sponsor or individual(s) fail to comply, the staff member should contact the police Any Violation will be reviewed by the Director. Written correspondence will be provided to the Sponsor in response to this review. Should it be necessary, the Sponsor's privileges (and those of the Sponsor's organization, if applicable) may be revoked at the discretion ofthe Director Once the rental privileges have been revoked by the Director or Alcohol and Gaming Commission of Ontario, should the Sponsor wish to apply for a reinstatement; the Sponsor shall submit a written request along with a proof of compliance for review Should an individual or group be found to be consuming or have consumed alcohol in any area identified in Policy 4.3, the police may be called and/or the following procedures will be followed: First Infraction: Second Infraction: A written notice will be provided to the renter/sponsor or to the individual informing of the potential consequences to their actions. Should a second infraction occur, the Director may, at hislher sole discretion, remove future rental privileges by the renter/sponsor and or individuals, or impose such restrictions on the future rental as the Director deems appropriate Where underage youth are found to have consumed or to be consuming alcohol at SOP and non-sop events, the matter will be referred to the Police. I I

13 5.2.6 Where an adult is found to have provided youth with alcohol, he/she will be asked to leave the premises or the matter will be referred to the Police. 5.3 Disruptive BehaviourlDamage All repairs must be paid by the Sponsor/Sponsor's organization. Where anyone is found to be engaging in disruptive behavior at social events, authorities will be called and the following procedure will be enforced: First Infraction: Second Infraction: Third Infraction: A written notice of infraction shall be provided to the affected parties (Sponsor/grouplindividual(s)), by the Director. A written notice of the infraction shall be provided to the affected parties by the Director. A suspension of rental privileges for up to 6 months may also be enforced within all Municipal Facilities, where the Director deems appropriate. A written notice of the infraction shall be provided to the affected parties by the Director. A suspension of rental privileges for up to 12 months may also be enforced within all Municipal Facilities, where the Director deems appropriate. 6.0 INDEMNIFICATION The Renter/Sponsor shall indemnify and save harmless the Township of Russell from any and all claims, demands, causes of action, losses, costs or damages that the Township of Russell may suffer, incur or be liable for, resulting from the Sponsors', event workers' and authorized individuals' performance, actions and negligent acts or omissions in connection with the holding of an event involving the serving of alcohol on Township premises. 7.0 POLICY MONITORING AND REVISIONS The Policy shall be reviewed every 3 years or when it is deemed necessary by the Township to reflect legislated changes by the Liquor License Act and any other alcohol service regulations. 12

14 SCHEDULE A SPECIAL OCCASION PERMIT APPLICANT AGREEMENT I of wish to rent the for a SOP event to be held on the day of, 20 In making application for a Special Occasion Permit, I hereby certify that: I. I have received and reviewed a copy of the Township of Russell Municipal Alcohol Policy; 2. I understand that I must adhere to the conditions of the Municipal Alcohol Policy and the Liquor License Act of Ontario; 3. I understand that if! or other individuals at the event fail to adhere to the Municipal Alcohol Policy, Township Staff will take the appropriate action. This action may include eviction, closing down of event, the suspension of my organization from using Municipal facilities in the future, and the notification of police; 4. I understand I can be held liable for injuries and damages arising from failure to adhere to the Liquor License Act of Ontario, or from otherwise failing to take action that will prevent foreseeable hann from occurring; 5. I understand that the police and an Alcohol and Gaming Commission Inspector can lay charges for infractions of the Liquor License Act of Ontario or other applicable legislations. 6. I agree to satisfy the liability insurance requirements as set out in the Municipal Alcohol Policy, and agree to indemnify and save harmless the Township of Russell as set out in the Municipal Alcohol Policy. Signature Print Name of Contact Person Date Authorized Signature Print Name