Purpose statement
To define the conditions for Special Occasion Permitted events; to establish procedures to ensure a safe and managed approach for the consumption of alcohol at events held on Town property, and for enforcing violations of the Alcohol Policy and relevant procedure.
Scope
This procedure applies to all Town of Oakville facility rental events occurring on town property where alcohol is served.
Procedure
A Director (or delegate) of the department having operational jurisdiction over a facility has the authority to approve or deny a proposed Special Occasion Permit event at a location(s) within or on the grounds of the town property under their jurisdiction.
Special Occasion Permit Events are not permitted at the following locations:
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Municipal swimming pools;
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Parks and open space areas including children’s playground areas, sport fields and related areas such as parking lots, unless a resolution from Council authorizes such an event, or the area is defined as an “outdoor beer garden” and the Director or designate of the department having operational jurisdiction over the facility has authorized the event;
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Events targeted exclusively to youth under 19 years of age.
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At a facility with an existing liquor license.
Conditions for Special Occasion Permits - Municipal facilities
The town reserves the right to vary or introduce additional conditions or restrictions at its absolute discretion.
- Controls - The permit holder must:
- Obtain and sign the Special Occasion Permit application form from the Alcohol and Gaming Commission of Ontario;
- Obtain any necessary town permits;
- Ensure that all Bartenders have a current and valid Smart Service Certificate in serving alcohol and that the bartenders have proof of their current and valid certification available at the event;
- Attend the event and ensure the operation is in accordance with the rules of the Liquor Licence and Control Act, applicable regulations, policy and procedures;
- Be on duty to ensure the physical setting is safe at all times. Any unsafe condition must be reported to on-site facility staff and addressed appropriately;
- Ensure that no one under the age of 19 is served alcohol and that government-issued photo identification in accordance with the Liquor Licence and Control Act is shown when requested;
- Remain accountable and maintain a responsible level of sobriety and ensure that bartenders abstain from consuming alcohol;
- Ensure that the service area from where alcohol is being served is secured so that no unauthorized person can access any stored alcohol,
- Ensure entrances and exits to the event area and attendees at the event are properly supervised;
- Ensure no one consumes alcohol in an unauthorized location(s);
- Ensure that non-alcoholic and low alcohol beverages are available at all times.
- The following original documentation must be provided to the appropriate municipal representative, at least two (2) weeks prior to the event.
- Special Occasion Permit;
- A list of bartender(s) serving at the event, who have a valid and current “Smart Serve” certificates, ensuring that there will be a minimum of one (1) bartender for every 100 patrons;
- Proof of insurance in accordance with criteria outlined in # 5 “Insurance and Indemnification”.
- Bar rules:
- A maximum of two (2) drinks/tickets may be purchased by an individual at any one time. Alcohol shall not be left available for self service.
- The event sponsor shall allow the refund of unused tickets at any time during the event.
- Bartenders reserve the right to refuse service and the permit holder has the right to refuse admittance to persons who are underage, or to an individual who appears intoxicated.
- There will be no “Last Call”. Hours of operation of the bar must be posted.
- The bar must close no later than 1 a.m. All drinks must be cleared from the event area 45 minutes of the bar closing. Any requests for a later closing must be preapproved by the Town of Oakville a minimum of seven (7) days in advance.
- Signage - An approved town sign, in accordance with Appendix B, shall be displayed in a prominent location where alcohol is to be sold or distributed.
- The town encourages that a “Designated Driver” program is promoted to event participants and that alternative mean of transportation be made available to individuals suspected to be intoxicated.
- Non-alcoholic beverages must be provided for designated drivers free of charge;
- All prices charged for alcohol must comply with the Liquor Licence and Control Act.
- Call police to report a driver who is suspected to be impaired.
- All facilities must be vacated by 2 a.m. If a later closing time is preapproved, the closing time will be adjusted accordingly.
- Marketing practices which encourage increased consumption, such as oversize drinks, double shots or spirits, drinking contests and volume discounts are not permitted.
- Free alcoholic drinks shall not be advertised.
- Security:
- At least one municipal representative with authority to demand correction and/or to shut down an event on behalf of the corporation will be available for the duration of all Special Occasion Permit events.
- Licensed security services and/or paid duty police officers may be required at the event. Security measures will be determined on a case-by-case basis in consultation with the Halton Regional Police Services. The permit holder is responsible for any expenses incurred for security requirements.
- Insurance and indemnification:
- The permit holder of a Special Occasion Permit event must show proof that they have a minimum of five million ($5,000,000) liability insurance coverage and that the Corporation of the Town of Oakville is named as an additional insured, at least two (2) weeks prior to the event.
- The permit holder shall indemnify and save harmless the Town of Oakville from any and all claims, in connection with the holding of an event involving the serving of alcohol at municipal properties. Such claims include but are not limited to demands, causes of action, losses, costs or damages that the Town of Oakville would otherwise suffer, incur or be liable for, resulting from the organizer(s)’, sponsors’, staff’s, authorized third party vendors(s) and agents’ performance, actions and negligent acts or omissions.
- Violations
- If the Municipal Alcohol Policy or Procedure is violated, or any law is broken, there will be consequences for the permit holder. This may include, but is not limited to, cancelling or closing the event, or withdrawal of privileges to hold future events at municipal properties.
- A violation occurs when the Special Occasion Permit holder fails to comply with the conditions of the Liquor Licence and Control Act, the Alcohol Policy and procedure, or other event conditions outlined in the Facility Rental Contract.
- Intervention can be initiated by a Town of Oakville staff designate, event staff, a member of the Halton Regional Police or an inspector of the Alcohol and Gaming Commission of Ontario.
- Should a violation of the Municipal Alcohol Policy or procedure occur, town staff will follow the procedures as listed below:
- First occurrence: On-site Town of Oakville staff will advise the event sponsor of the violation and request immediate corrective action
- Second occurrence: At the discretion of the on-site Town of Oakville staff member the event may be cancelled or ended immediately.
Definitions
Alcohol: a product of fermentation or distillation of grains, fruits or other agricultural products, and includes synthetic ethyl alcohol; (“alcool”).
Event Area: The area identified by a permit from the property owner where the event will take place.
Licensed Area: The area identified by a permit from the Town of Oakville where alcohol will be allowed to be in possession by event participants, as per the conditions of the permit(s) and Special Occasions Permit.
Property/Properties: Any Town of Oakville owned or leased lands, facilities, buildings and structures.
Service Area: The area identified by the Special Occasion Permit where alcohol will be stored and served.
Smart Serve: The Smart Serve training program offered by Smart Serve Ontario, a division of the Hospitality Industry Training Organization of Ontario. The Smart Serve program is the only responsible beverage service training program that is recognized by the Alcohol and Gaming Commission of Ontario. It has been designed to train staff and volunteers who work in areas where alcohol is sold and/or served, such as in bars, restaurants, banquet halls and other public facilities.
Special Occasion Permit: a permit issued by the Alcohol and Gaming Commission or Registrar of Alcohol and Gaming. The Special Occasion Permit authorizes the holder to sell or serve liquor on a prescribed special occasion. Prescribed means prescribed by the regulations made under the Liquor Licence and Control Act. A Special Occasion Permit does not allow consumption of alcohol at Town of Oakville properties except in accordance with this procedure.
Special Occasion Permit Event: any event held on Town of Oakville property at which alcohol will be served and/or sold under the authority of a Special Occasion Permit.
Responsibilities
A Special Occasion Permit holder or an event designate has the responsibility to fulfill requirements of the provincial legislation and regulations and the procedures and conditions established.
This procedure is to be followed by Recreation Staff when working with the Special Occasion Permit holder, under the supervision of the appropriate manager or designate.