Provincial Law LLCA (9-10-11)

Question 1

What is Liquor?

Answer 1

• Beer
• Wine
• Spirits
• Any combination
• Includes any alcohol appropriate for human consumption

Question 2

Definition: Alcohol

Answer 2

• A product of fermentation or distillation of grains. fruits or other agricultural products
• Includes synthetic ethyl alcohol

Sec. 1 LLCA

Question 3

Definition: Beer

Answer 3

• Any beverage containing alcohol in excess of prescribed amount obtained by fermentation of an infusion or decoction of barley, malt and hops

Sec 1 LLCA

Question 4

Definitions: Wine

Answer 4

• Any beverage containing alcohol in excess of prescribed amount obtained by the fermentation of natural fruit sugars

Sec 1 LLCA

Question 5

Definition: Spirits

Answer 5

Any beverage containing alcohol obtained by distillation

Sec 1 LLCA

Question 6

Definitions: License

Answer 6

Means a license issued under the LLCA

Question 7

Definitions: Permit

Answer 7

Means a permit issued under the LLCA

Question 8

Definitions: Sell

Answer 8

To supply for remuneration, directly or indirectly, in any manner by which the cost is recovered from the person supplied, alone or in combination with others.

Question 9

No person shall purchase liquor except from

Answer 9

• LCBO or under its authority
• Person authorized by licence or permit
• In accordance with the regulations

Question 10

No person shall possess liquor unless,

Answer 10

(a)Liquor is from a retail store for personal use

(b)The liquor is possessed under licence or permit.

(c)Liquor was manufactured by an individual lawfully.

(d)Liquor was imported to Ontario in accordance with the regulations

(e)The liquor is possessed by or under the authority of the LCBO.

LLCA 39(1)

Question 11

Unlawful consumption

Answer 11

No person shall:

• Drink alcohol in a from that is not liquor

Question 12

Unlawful supply

Answer 12

No person shall:

• Supply alcohol
• In a form that is not liquor
• Knowing that the other
  person intends to drink it.

Question 13

No person under 19 years of age shall:

Answer 13

• Have
• Consume
• attempt to purchase
• Purchase or
• Otherwise obtain liquor

Question 14

What does P.O.A.C.H stand for?

Answer 14

P - Purchase
O - Obtain
A - Attempt to purchase
C - Consume
H - Have

Question 15

Sell / Supply under 19

Answer 15

• No person shall:
• Knowingly, sell or supply liquor to a person under 19

Question 16

Appears under 19 (Offense)

Answer 16

No person shall:

• Sell liquor to a person who appears to be under 19 years of age

Question 17

Licensee permit under 19

Answer 17

No licensee or employee or agent of a licensee shall:

Knowingly permit a person under nineteen years of age

to have or consume liquor

in the licensee’s licensed premises

Question 18

Licence holder onus

Answer 18

License holder shall ensure–before liquor is sold or served –to person apparently under nineteen –an item of identification is inspected

Question 19

Acceptable identification

Answer 19

Item of Identification” means a document respecting a person that includes a photograph of the person, states the person’s date of birth and reasonably appears to have been issued by a government or the LCBO

Question 20

Improper identification

Answer 20

Fake id
Family member Id

Question 21

What does POACH stand for? (LLCA)

Answer 21

• Purchase
• Obtain
• Attempt to purchase
• Consume
• Have

Question 22

No person shall have or consume liquor in any place other than a:

(a) Residence

(b) Premises with a Licence or Permit issued

(c) Private Place

(d) Private Place designated by a By-Law

Answer 22

(d) Private Place designated by a By-Law

Question 23

Possession Exemption

Answer 23

Closed container walking across street to friends place

Question 24

Residence under LLCA

Answer 24

Place

actually, occupied and used as dwelling

whether or not in common with other persons,

including all premises used in conjunction with the place to which the general public is not invited or permitted access

if a tent, includes the land immediately adjacent to and used in conjunction with the tent*1(1) LLCA

Question 25

Private Place

Answer 25

indoor place public is not ordinarily invited or permitted except at the times when the public is invited or permitted access NOT indoor place that is available for rental by members of the public for occasional use

Question 26

Private Place (Motor Vehicle) Must be equipped with:

Answer 26

1.sleeping accommodation 2.cookingfacilities 3. parked and used as a residence 4. OFF HIGHWAY

Question 27

Private Place (Boat) Requirements:

Answer 27

permanent sleeping accommodations *permanent cooking and *sanitary facilities *at anchor or is secured to the dock or land if secured the dock or land is considered to be private place unless the public is invited or permitted access to it.

Question 28

Intoxicated:

Answer 28

*no person *shall be in an intoxicated condition, *in a place to which the general public is invited or permitted access; or *in any part of a residence that is used in common by persons occupying more than one dwelling in the residence

Question 29

LLCA Arrest Authorities:

Answer 29

1.) Public intoxication 2.) Fail to ID or reasonable grounds to believe the name or address to be false

Question 30

LLCA Arrest Authority; A police officer or CO may arrest without warrant any person contravening 31 (1) WHO;

Answer 30

1.) Finds committing (Intoxicated by alcohol) & 2.) Found in public place or in a common area 3.) IF to do so is necessary for the safety of any person

Question 31

Mistaken Intoxication; (Medical Conditions)

Answer 31

-fatigue –stroke –epilepsy –diabetes (smell of acetone not alcohol) –multiple sclerosis –head injury –fever –drug side effects

Question 32

Questions to ask to ascertain a persons condition:

Answer 32

*Are you injured? Are you sick? *Did you suffer a fall? Bump your head? *Are you taking any medication? *Have you recently taken prescription / non-prescription drugs? *Is there anything about you that I should be aware of?

Question 33

Sell / Supply To Intoxicated person:

Answer 33

*No person shall: *sell or supply liquor *or permit liquor to be sold or supplied *to any person who is or appears to be intoxicated

Question 34

Arrest authority LLCA public intoxication

Answer 34

1.) Intoxicated by alcohol, and 2.) Is in a public place or common area, and 3.) Arrest is necessary for the safety of any person

Question 35

Arrest authority LLCA: Fail To ID

Answer 35

1.) Finds person app apparently in contravention of this act, and 2.) Refuses to give their name and address OR reasonable grounds to believe that the name or address given is false.

Question 36

PRIER ( Prov law Release)

Answer 36

P - Public interest R - Repetition I - Identity E - Evidence R - Resides outside Ontario

Question 37

Unopened Liquor

Answer 37

Seal unbroken

Question 38

Closed container

Answer 38

Has a secure lid / cap

Question 39

Open container

Answer 39

Open/ cant be closed - Beer can, vodka with no lid

Question 40

Search of a vehicle LLCA

Answer 40

Police officer or conservation officer who reasonably believes: –that liquor is being unlawfully kept –in a vehicle –may at any time, without a warrant, –enter and search -the vehicle and *search any person found in it. LLCA 42(2

Question 41

Boat Underway LLCA

Answer 41

No person shall *operate or have the care or control of a boat* *that is underway *while there is any liquor contained in the boat *except under the authority of a licence or permit

Question 42

Boat Underway LLCA - Exemptions

Answer 42

- Unopened and seal unbroken - is stored in a closed compartment

Question 43

Search of Boat under LLCA

Answer 43

Police officer or conservation officer who reasonably believes: – that liquor is being unlawfully kept – in a boat –may at any time, without a warrant, – enter and search *the boat and *search any person found in it. LLCA 42(3)

Question 44

Search of person under LLCA

Answer 44

only authority under LLCA to search person rises from searching occupant of vehicle / boat...* in which liquor is unlawfully kept* LLCA 42(2), 43(2)

Question 45

Seizure under LLCA

Answer 45

Police officer or conservation officer may seize anything, including liquor, if: –evidence of an offence –reasonably believes that, *used in connection with an offence under this Act, and *unless it is seized would continue to be used or used again in an offence–proceeds of an offence.