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09-12 - Alcohol Risk Management Policyi The Corporation of the Township of Malahide By -law No. 09 -12 Being a By -law for Alcohol Risk Management policy WHEREAS Malahide Township Council are desirous of setting an Alcohol Risk Management Policy for the Township of Malahide. NOW THEREFORE Council assembled, enacts as follows: 1. The policy set out in Schedule "A" shall be followed. Read a first and second time this 5th day of March, 2009. Read a third time and finally passed this 5th day of March, 2009. ead of Council — John R. Wilson Clerk - R. Millard CORPORATION OF THE TOWNSHIP OF MALAHIDE ALCOHOL RISK MANAGEMENT POLICY BY -LAW No. 09 -12 Mission Statement/Goals and Obligations The Township of Malahide owns and manages facilities where alcohol consumption is permitted under the authority of either a Liquor Licence or a Special Occasion Permit. The Township of Malahide has developed an alcohol risk management policy 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 policy is set out in three sections: Section 1: Areas designated for conditional use of alcohol and restrictions at jointly owned East Elgin Community Complex. Section 2: Conditions for the use of alcohol in or onTownship facilities Section 3: Enforcement procedures for policy violation Section 1 1.1 Areas Designated for Conditional Use of Alcohol Alcohol may only be served in Township of Malahide facilities that are licensed by the Liquor Licence Act, R.S.O. 1990, Chapter L.19 and the Regulations which are licensed or when a Special Occasion Permit is issued to an event sponsor by the Liquor Licence Board of Ontario. A Special Occasion Permit authorizes individuals to serve alcoholic beverages during an occasion that is judged unique or does not occur on a regular basis. However, a number of different Special Occasion Permits may be granted to different permit holders for the same facility. Certain types of events are not deemed appropriate for serving alcohol. (eg. Children's Festival, children's Christmas parties) The Township of Malahide reserves the right to refuse an applicant permission to run a licensed event on its property. 1.2 Restrictions for East Elgin Community Complex (within the Town of Aylmer). This facility has its own restrictions and requirements and is subject to contractual agreements. The Town of Aylmer's alcohol policies apply. Section 2 2.0 Conditions for the Use of Alcohol in Township Facilities , Anyone who wishes to serve alcohol at a designated site must complete a rental form that stipulates the conditions under which alcohol may be served. In addition, the responsible person must obtain a Special Occasion Permit from the Liquor License Board of Ontario. The Special Occasion Permit holder must comply with the Liquor Licence Act, R.S.O. 1990, Chapter L.19 the Regulations and all of the provisions of the Township of Malahide Alcohol Risk Management Policy. (See Rental Form, appendix "A ") 2.Oa Restrictions for the Springfield Lions Hall and South Dorchester Community Complex. 2.Ob Event will fall into three categories at these facilities: (i) Club or Fire Department events shall be considered municipal events and shall be exempt from Section 2.5.2. All other policies must be followed. (ii) Events listed as family gathering (less than 50 people) shall be exempt from Section 2.5.2 at the discretion of the Club. All other policies must be followed. (iii) All other events must follow the policies set out in this by -law. 2.1 Category: Personnel 2.1.1 All bartenders and servers shall complete the Server Intervention Program (S.I.P.) or an approved course as set out by the Liquor Licence Board training in the responsible service of alcoholic beverages. 2.1.2 The permit holder shall have staffing levels sufficient to effectively monitor the entrances, exits and patron alcohol consumption as set out in 2.1.4, below. 2.1.3 The permit holder shall, if requested, provide the Township of Malahide with a list of the names and addresses of bartenders and servers two weeks prior to the event, and shall ensure that only those persons listed will serve alcohol. 2.1.4 The permit holder shall provide the Township of Malahide with a list of the monitors, aged 19 or over, two weeks prior to the events. Monitors will supervise the event, encourage legal and moderate drinking behaviour and ensure that any problems that arise are dealt with appropriately. There shall be at least one (1) monitor per one hundred (100) participants plus one (1) monitor for each entrance and exit at the facility or area for the first five hundred (500) participants. There shall be at least one (1) monitor per two hundred (200) participants for the next one thousand (1000) participants. There shall be at least one (1) monitor per three hundred (300) participants for the number of participants that exceed fifteen hundred (1500). These minimum requirements may be increased if circumstances warrant or if required by the Township of Malahide. 2.1.5 The monitors, bartenders and servers shall not consume alcohol during the event, nor shall they be under the influence of any alcohol consumed before the event. 2.2 Category: Entry and Control Policies 2.2.1 The permit holder and designated event staff shall accept only an age of majority card, a drivers licence with a photo card, a passport, Armed Forces ID, or citizenship card as proof of age of majority for alcohol purchase or consumption. 2.2.2 Entry must be denied to intoxicated or unruly individuals, individuals carrying alcoholic beverages, and individuals previously turned away from the event. 2.2.3 The permit holder shall ensure that the bartenders and servers do not serve alcohol to underage, intoxicated, rowdy or unauthorized people at the event. 2.2.4 The permit holder shall be responsible for recognizing the need for assistance during the event, and requesting it from the designated Township of Malahide. All assistance is at the expense of the Permit Holder. Category: Sale of Alcohol and Serving Practices - 2.3.1 Discounts will not be offered for volume purchase of tickets when tickets are sold for alcoholic beverages. The Township of Malahide, in consultation with the permit holder, may require that a limit be imposed on the number of tickets to be sold to any one person at one time. 2.3.2 Discounts will not be offered for volume purchase of tickets when alcoholic beverages are sold for cash. The Township of Malahide, in consultation with the permit holder, may require that a limit be imposed on the number of beverages to be sold to any one person at one time. 2.3.3 No "last call" will be announced prior to end of event/sale of alcohol. 2.3.4 Patrons will be permitted to redeem unused drink tickets prior to the end of each event. 2.3.5 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. 2.3.6 A sign will be prominently posted stating the type of identification accepted as proof of age. It will read: "In Ontario, the legal drinking age is 19. You may be asked for proof of age. Acceptable identification is: • Ontario driver's license with photo ID • Passport with photo ID • Armed Forces photo ID • Canadian citizenship card with photo ID" 2.4 Category: Low Alcohol and Non - Alcoholic Options 2.4.1 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. Rationale Low alcohol beverages help prevent intoxication by providing 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. 2.5 Category: Accountability 2.5.1 The permit holder shall post a sign stating the name of the Special Occasion Permit holder and the telephone numbers for the designated Township of Malahide staff and the Liquor Licence Board of Ontario. _ 2.5.2 The permit holder shall obtain a minimum of TWO MILLION ($2,000,000.00) DOLLARS liability insurance, naming the Township of Malahide as an additional insured, at least two weeks prior to the event. The permit holder will indemnify and save the Township of Malahide harmless from all claims arising from the permit or event. The actual insurance limits required may be increased at the discretion of the Township of Malahide. 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 signs sere notice to the permit holder that while enforcement personnel may not be present the entire time, concerned participants will know where to lodge a complaint. This can facilitate early correction of potentially risky situations. If an individual is injured, and if the Township of Malahide were to be found "jointly and severally" liable, the Township of Malahide 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. 2.6 Category: Procedures for Dealing with Problem Patrons 2.6.1 Door staff monitors, serving staff, bartenders and management staff should always be in a position to quickly detect intoxicated patrons. 2.6.2 In the case of patrons who are intoxicated to the point that they must be cut -off, the permit holder or designated event 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. 2.6.3 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.. 2.6.4 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. 2.6.5 The permit holder is required to report in writing to the facility manager within 48 hours all incidents in which patrons are injured or ejected from an event or Ontario Provincial Police are called. 2.7 Category: Safe Transportation 2.7.1 The permit holder is responsible for promoting safe transportation options for all the drinking participants. Examples of safe transportation options are: a) a designated driver selected from non - drinking participants at the event; b) a designated driver provided by the sponsoring group; or c) a taxi paid either by the sponsoring group or the participant. Rationale 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. Coffee provided at the end of the evening only turns a sleepy drunk into a wide -awake drunk who is still unable to drive. 2.8 Category: Other 2.8.1 The Township of Malahide reserves the right to introduce other conditions from time to time at its discretion. Section 3 - Enforcement Procedures for Policy Violation 3.1 A violation of this policy 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, Township of Malahide staff, Police or an Inspector of the Liquor Licence Board of Ontario can intervene at any time. 3.2 A member of the organizing group(s) or the designated monitor(s) may intervene by informing the offending individual of the policy 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. 3.3 Where a holder has violated this policy, and has been confronted by a Township of Malahide employee or staff member, the group shall be sent a registered letter by Department Head or designate advising of the violation, and indicating that further violations will not be tolerated. 3.4 Should the holder violate the Municipal Alcohol Policy 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 Township of Malahide facility or area for a period of one year. A registered letter shall be sent by Department Head or designate to the appropriate contact person advising of the suspension. 3.5 Where, in the opinion the Township of Malahide event attendant, there has been a violation of a provincial or federal statute, the event organizers shall be immediately suspended from organized use of a Township of Malahide facility or area for a period of one year or such longer period as are warranted in the circumstances. 3.6 This policy will be reviewed annually. Read a first and second time this 5th day of March, 2009. Read a third time and finally passed this 5th day of March, 2009. ead of ouncil - John R. Wilson Clerk - R. Millard. TOWNSHIP OF MALAHIDE MUNICIPAL ALCOHOL POLICY APPENDIX "A" - CHECKLIST FOR RENTERS Date of Event: 1. Location of Event: 2. Number in attendance: 3. Will persons under 19 years of age be attending this event? Yes No 4. Name of person and/or group sponsoring this event: 5. Type of Identification for Event workers? 6. Has Proof of Special Occasion Permit been provided? 7. Has Proof of Insurance been provided? 8. The safe transportation strategy(s) that will be used at this function are: (A) (B) (C) L� The names and certification numbers of our S.T.P. event workers are: (i) Name Certification # (ii) Name Certification # (iii) Name Certification # (iv) Name Certification # (v) Name Certification # (vi) Name Certification # I (vii) Name, Certification # (vii) Name - Certification # (viii) Name Certification # (ix) Name Certification # (x) Name Certification # (xi) Name Certification # (xii) Name Certification # (xiii) Name Certification # (xiv) Name Certification # (xv) Name Certification # (xvi) Name Certification # 10. I have reviewed the Municipal Alcohol Policy with the Township of Malahide representative. Yes No Date: Signature of Township representative: 11. I understand all the policy Regulations. Yes No 12. I and/or my group will observe and obey all policy regulations during the event. Yes No If no, explain: Signature of Special Occasion Permit Holder Date: Signature of Malahide Representative