HomeMy WebLinkAboutCSD-19-028 - Municipal Alcohol Policy MUN-FAC-325REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: March 9, 2020
SUBMITTED BY: Kathleen Woodcock, Manager, Service Coordination & Improvement,
519-741-2200 Ext. 7597
PREPARED BY: Kathleen Woodcock, Manager, Service Coordination & Improvement,
519-741-2200 Ext. 7597
WARD (S) INVOLVED: All
DATE OF REPORT:February 25, 2020
REPORT NO.: CSD-19-028
SUBJECT: MUNICIPAL ALCOHOL POLICY MUN-FAC-325
___________________________________________________________________________
RECOMMENDATION:
That the existing Council Policy MUN-FAC-325, Municipal Alcohol Policy, be repealed and
replaced with the revised Council Policy MUN-FAC-325, Municipal Alcohol Policy, dated
March 9, 2020as attached to report CSD-19-028, effectiveApril 1,2020.
BACKGROUND:
Kitchener City Council first approved a Municipal Alcohol Policy (MAP) in 1993 which was
developed to address alcohol consumption in City of Kitchener facilities. This policyis intended
to reduce alcohol-related problems which arise from alcohol consumption within city facilities
and at the same time promote a safe, enjoyable environment for those who use our facilities.
The City of Kitchener MAP was last amended in February 2016.
REPORT:
Since 2012, MAP administrators from all municipalities in Waterloo Region have participated in
the creation and revision of a common template for municipal alcohol policies. Regular working
meetings of the group were also attended by staff from the Waterloo Region Municipalities
Insurance Pool and representatives fromthe Alcohol and Gaming Commission of Ontario. The
common template developed has been customized as required by each municipality when
updating their respective municipal alcohol policy.
In addition to learnings provided by the MAP administrators group, the revisions to the policy
have been reviewed with the following City of Kitchener departments:
Community Services Department (Neighbourhood Programs & Services, Sport)
Corporate Services Department (Legal Services, Legislated Services)
Development Services Department (Economic Development)
Infrastructure Services Department(Parks and Cemeteries)
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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The revised 2019 MAP as attached outlines the responsibilities, controls and procedures for
both City of Kitchener staff as well as the general public when hosting an alcohol-related event
at a City of Kitchener facility. It is the intent of the MAP to ensure a safe and enjoyable event for
both the public and staff.
Changes to Previous Municipal Alcohol Policy
Some highlights of the changes made to the revised policy as attached are:
Aligned policy language, for example, providing a definition for tailgate event, per changes
to legislation (Liquor Licence Act, R.S.O. 1990, c. L.19)
Clarifying amendments to the terminology used in the list of City of Kitchener facilities
designated as suitable for events with alcoholand those designated not suitable for
events with alcohol
General updates to make the document easier to read, understand and implement
In addition, to datethe special occasion permit (SOP) holderand/or event organizer is required
to obtain $2 million general liability insurance for the event. By requiring the SOP holder/event
organizer to obtain insurance coverage, the municipality is clearly communicating to the event
organizers that risks are involved in operating alcohol related events.
Staff from the insurance pool recommended all municipalities increasethe general liability
insurance requirement to $5 million for eventswith alcohol held at City of Kitchener facilities.
This additional insurance coverage helps protect both the city andalso the SOP holder/event
organizer if there is an accident or injury related to the event.So far,the City of Waterloo,
Township of Woolwich, Township of Wilmot, and Township of North Dumfries have already
made this change per the insurance pool recommendation.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are costs associated with implementation of the revised MAPprimarily printing costs.
These costs will be covered by existing operating budgets.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
ACKNOWLEDGED BY: Michael May, DCAO/GM, Community Services Department
Attachments
Appendix A – Revised Council Policy MUN-FAC-325 Municipal Alcohol Policy
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POLICY Policy No:MUN-FAC-325
Approval Date:February 8, 2016
Policy Title:MUNICIPAL ALCOHOL
POLICY
Reviewed Date:December 2019
Policy Type:COUNCIL
Next Review Date:July 2023
Category:Municipal ServicesReviewed Date:
Sub-Category:Facility
Last Amended:
Author:Manager, Service
Replaces:
Coordination & Improvement
Repealed:
Dept/Div:Community Services
Replacedby:
Department/Administration
Related Policies, Procedures and/or Guidelines:
To be included at next review.
1.POLICY PURPOSE:
This Municipal Alcohol Policy (MAP) is intended to promote a safe, enjoyable
environment taking into consideration the health and safety of participants and
staff. This policy is in place to reduce alcohol-related problems such as injury,
violence and liability which arise from alcohol consumption on municipal property.
1.1Policy Objectives
a.To provide procedures and education to individuals or groups wishing to hold
events in and/or on municipally owned facilities/properties in order to ensure
that all Liquor Licence Act of Ontario legislation that pertains to Special
Occasion Permits or liquor licencing and the Municipal Alcohol Policy (MAP)
are properly understood and strictly complied with.
b.To ensure appropriate supervision and operation of Special Occasion Permits
and liquor licenced events in order to protect the Event Organizers, the
participating public, volunteers, the City of Kitchener and its staff from liability
by providing education in prevention and intervention techniques and through
effective management procedures.
c.To encourage and reinforce responsible drinking practices for consumers
through the development of operational procedures, controls, training and
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education, and to honour thedecision of abstainers not to drink alcohol and
encourage their participation by providing alternative, non-alcoholic drinks.
2.DEFINITIONS:
Alcohol and Gaming Commission of Ontario (AGCO)
The Alcohol and Gaming Commission of Ontario (AGCO) is a Provincial agency,
established February 23, 1998 under the Alcohol and Gaming Regulation and
Public Protection Act, 1996. The Act gave the AGCO responsibility for the
administration of the Liquor Licence Act and the Gaming Control Act, 1992. The
AGCO is a regulatory agency that reports to the Ministry of the Attorney General.
For more information go to www.agco.on.ca/en/about/index.aspx.
Cater
A liquor sales licence authorizing the applicant to sell and serve liquor for an event
held on properties other than the properties to which the liquor sales licence
applies.
Event
For the purposes of this policy, an event is any gathering held at a municipal facility
or property at which alcohol will be served and/or sold. They may include
weddings, showers, dances, barbeques, birthday parties and any other event
where alcohol will be served. The duration of the event includes event set-up,
operation and clean-up. Events involving alcohol may be in a licenced municipal
facility or under a Special Occasion Permit (SOP).
Event Organizer
Any person, who is 19 years of age or over, seeking to hold an event that involves
the sale and/ or service of alcohol at municipal facilities/property. The Event
Organizer (which term shall include the SOP permit holder and any designate) is
responsible for the safety and sobriety of people attending the event as well as
compliance with this MunicipalAlcohol Policy and the Liquor Licence Act of Ontario
and its regulations at the event. They assume all responsibility and liability for the
entire operation of the event. The Event Organizer MUST read and sign the Event
Organizer Checklist for Liquor Licenced Events to indicate that they understand
their responsibilities.
Event Worker
Any person, who serves or sells liquor, or is involved in an event where alcohol is
served on municipal property. All event workers have a responsibility in the
operation of the event and shall not consume or be under the influence of alcohol
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for the entire duration of the event. In addition to the Event Organizer and permit
holder, event workers may include the following:
Floor Supervisor
A paid/volunteer person(s) appointed by the Event Organizer, who is over
the age of 18 and who has satisfactorily proven to the Event Organizer that
she/he will act in accordance with the MAP. A floor supervisor talks with
participants, monitors patron behavior, monitors for intoxication and
underage drinkers, responds to problems and complaints, assists door
monitors when necessary, aids in the removal of intoxicated persons,
arranges safe transportation.
Door Monitor
A paid/volunteer person(s) appointed by the Event Organizer, who is over
the age of 18 and who has satisfactorily proven to the Event Organizer that
she/he will act in accordance with the MAP. A door monitor checks
identification and for signs of intoxication prior to entry, keeps out
intoxicated and troublesome individuals, arranges for coat checking,
monitors for those showing signs of intoxication when leaving the event,
arranges safe transportation.
Server/Bartender
A paid/volunteer person(s) appointed by the Event Organizer, who is over
the age of 18 and who has satisfactorily proven to the Event Organizer that
she/he has been trained by a recognized alcohol server training course,
namely Smart Serve Ontario program.A server accepts tickets for the
purchase of alcoholic drinks, serves drinks, monitors for intoxication and
underage drinkers, refuses service when a patron appears to be intoxicated
or near intoxication, offers a non-alcoholic substitute and co-ordinates with
event staff. This person will act in accordance with their training under such
programs as the Smart Serve Ontario program.
Ticket Seller
A paid/volunteer person(s) appointed by the Event Organizer, who is over
the age of 18 and who has satisfactorily proven to the Event Organizer that
she/he will act in accordance with the MAP. A ticket seller sells alcohol
tickets to a maximum of four per person per purchase, monitors for
intoxication and underage drinkers, refuses sale to patrons at or near
intoxication, and refunds tickets on request.
Licenced Security
Security personnel monitoring entrances and patrolling licenced areas must be
licenced under the Private Security and Investigative Services Act, to ensure the
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safety and security of the establishment/property, its employees and patrons. For
more information go to www.agco.on.ca.
Liquor Licence Act
Each province or territory has a liquor licence act which outlines the laws regarding
the sale and service of alcohol. See https://www.agco.ca/acts-and-regulations for
more information. It is the responsibility of the Event Organizer to know and
understand this legislation.
Municipal Alcohol Policy (MAP)
A local policy for municipalities to manage events held at municipally-owned
facilities and properties when alcohol is sold and/or served.
Municipal Properties
All municipally-owned or leased lands, buildings and structures. All assets,
structures, buildings, outbuildings, lands to be defined as property.
Municipal Representative
City of Kitchener staff or a designate who attend the event on behalf of the City of
Kitchener to monitor compliance of the Municipal Alcohol Policy.
Municipal Significance
P
to be deemed an event of municipal significance, it required a designations by the
municipality in which the event will take Place. A letter from a delegate municipal
official designating the event as municipally significant is required for the SOP.
Non-Objection Letter
A licensed establishment can apply to temporarily extended their liquor licence
onto lands not captured under the original licence, such as public lands. Aletter
proposed extended licensed area is required.
Religious Function
Events that include a religious ceremony conducted by an officiant such as a priest,
minister, Justice of the Peace, rabbi, etc. Examples include, but not limited to,
weddings, bar mitzvahs, and baptisms. A religious function does not include events
Smart Serve
The Smart Serve training program offered by Smart Serve Ontario
(www.smartserve.ca) is designed to train staff and volunteers who work in areas
where alcohol is sold and/or served, such as in bars, restaurants, banquet halls
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and other public facilities. The Smart Serve Program is the mandatory server
training program that is recognized by the AGCO and approved by this policy. Note
that the AGCO still recognizes The Server Intervention Program certification
issued prior to May 1995. This policy also recognizes this certification until
December 31, 2020.
Special Occasion Permit (SOP)
A liquor licence issued by the Alcohol and Gaming Commission of Ontario for one-
managed and controlled by the AGCO. There are three typesof special occasions
for which a permit may be issued:
Private Event
For events where only invited guests will attend. These events cannot be
advertised and there can be no intent to gain or profit from the sale of
alcohol at the event.
Public Event
For events that are open to the public. Public events can be advertised and
allow for fundraising/profit from the sale of alcohol.
Industry Promotional Event
There can be no intent to gain or profit from the sale of alcohol at the event.
Tailgate Event
For Public Events that are held outdoors, in connection with, and in
proximity to, an eligible live sporting event and where attendees 19 years of
age or older may bring their own liquor(BYOB) for consumption at the
event. These events can be advertised and the sale and/or service of
alcohol are permitted at the event.
All of these events as described above can be held indoor or outdoor (including
pavilions or temporary structures). There are two classes of Special Occasion
Permit (SOP):
Sale SOP
Issued when money is collected for the sale of alcohol either directly or
indirectly. This could be through, for example, an admission charge to the
event, when tickets for alcohol are sold to people attending the event, or
when there is any pre-collectionof money for the alcohol.
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No Sale SOP
Issued when alcohol is served without charge or when there is no money
collected for alcohol either directly or indirectly from guests.
For further information regarding types and classes of special occasion permits,
please refer to the AGCO web site at this address:
www.agco.on.ca/en/whatwedo/permit_special.aspx.
SOP Holder (Permit Holder)
The individual who signs the application for a Special Occasion Permit to sell
and/or serve alcohol. A special occasion permit holder can assign a designate. A
designate is a person(s) appointed by the special occasion permit holder, and
acceptable to the City of Kitchener who is over the age of 19 and who has
satisfactorily proven to the special occasion permit holder that she/he will act in
accordance with the MAP. The Event Organizer, the special occasion permit
holder and/or designate are responsiblefor the safety and sobriety of people
attending the event as well as compliance with the MAP and the Liquor Licence
Act of Ontario and its regulations at the event. They assume responsibility and
liability for the entire operation of the event.
3.SCOPE:
POLICY APPLIES TO THE FOLLOWING:
All Employees
AllFull-Time EmployeesAllUnion
ManagementC.U.P.E. 68 Civic
Non UnionC.U.P.E. 68 Mechanics
TemporaryC.U.P.E. 791
StudentI.B.E.W. 636
Part-TimeEmployeesK.P.F.F.A.
Specified Positions only:!Other:!
CouncilLocal Boards & Advisory Committees
The Municipal Alcohol Policy (MAP) outlines various stipulations and controls on
events involving alcohol, including: Special Occasion Permits (SOP), liquor
licenced events under a caterer's endorsement, and/or events in a municipally
licenced facility in conjunction with the Alcohol and Gaming Commission of Ontario
(AGCO).
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4.POLICY CONTENT:
Designation of Roles and Responsibilities
4.1Role of Municipal Representatives
Municipal representatives are responsible for ensuring the Event Organizer and/or
designate are provided with written information outlining the conditions of the MAP.
The City of Kitchener representatives have the authority to demand correction
and/or to shut down an event on behalf of the City of Kitchener. The City of
Kitchener has the final authority in direction when it comes to breaches under the
policy and agreement of the Event Organizer. The City of Kitchener
representatives monitoring a liquor-licenced event shall be Smart Serve trained
and competent in facility operations.
4.2Role of Event Organizer and/or Designate
Notwithstanding the roles outlined above, the Event Organizer and any designate
is responsible for the conduct and management of the event, including, but not
limited to:
Complying with the MAP in addition to all applicable federal, provincial and
municipal laws, policies, guidelines, regulations and by-laws, including, without
limitation, the Liquor Licence Act of Ontarioand its regulations;
Organizing, planning, set up and clean-up of the event;
Ensuring sufficient number of event workers;
Ensuring training of their designates and event workers (all of whom must be a
minimum of 18 years of age or older);
Posting the Special Occasion Permit (with any updates) in plain sight on the
property to which the permit applies or keep it in a place where it is readily
available for inspection;
Ensuring all alcohol is purchased from an authorized government retail store
(e.g., LCBO, Beer Store) using the SOP as the guide for allowed amounts;
Ensuring alcohol sales and service including the choice of beverages comply
with the Municipal Alcohol Policy;
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Ensuring that no one consumes alcohol in unauthorized locations on the
property;
Ensuring the safety and sobriety of people attending the event including those
persons asked to leave to control the event;
Providing safe transportation options (e.g., designated drivers, taxis);
Responding to emergencies; and
Must read, complete, sign and submitthe Event Organizer Checklist for
Liquor Licenced Eventsto indicate their understanding of their responsibility for
the event.
Must provide a copy of the Special Occasion Permit (if applicable) and
any updates to the City of Kitchener at least 30 days prior to the start of
the event.Non-compliance may jeopardize your event from taking place.
Must ensure that all liquor, wine and beer are purchased with the SOP.
Proof of this must be provided at the event. Receipts need to have the SOP
number on them. These purchase orders and levy receipts must match the
amount of alcohol in the bar for the event and will be posted with the SOP. Non-
compliance may jeopardize your event from taking place.
Must attend the event for the entire durationincluding set-up prior to the
event, clean-up after the event and be responsible for decisions regarding the
actual operation of the event.
4.3Designation of Properties and Events
a.Designation of Suitable Properties
The following municipal facilities/properties and areas are either licenced or
designated as suitable for events involving alcohol subject to the Event
Organizer obtaining a Special Occasion Permit or a liquor licencethrough a
out by the City of Kitchener:
Activa Sportsplex**
Breithaupt Community Centre
Bridgeport Community Centre
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Budd Park
Centreville Chicopee Community Centre
Chandler Mowat Community Centre
City Hall and Carl Zehr Square
Country Hills Community Centre
Don McLaren Arena**
Doon Pioneer Park Community Centre
Doon Valley Golf Course Clubhouse ***
Downtown Community Centre
Forest Heights Community Centre
Grand River Arena**
Grand River Recreation Complex
Kingsdale Community Centre
Kitchener Market
Kitchener Memorial Auditorium Complex (KMAC)**
Kiwanis Park (picnic shelter)
Lions Arena**
Lions Arena Community Hall
McLennan Park Great Lawn Area
Mill Courtland Community Centre
Peter Hallman Ball Yard
Queensmount Arena**
RBJ Schlegel Park
Rockway Centre
Rockway Golf Course Clubhouse***
Sportsworld Arena**
Stanley Park Community Centre
Victoria Hills Community Centre
Victoria Park Commons
Victoria Park Pavilion
Williamsburg Dedication Centre
Woodside Park
** Some in-house policies and guidelines apply
***No SOP allowed at the municipal golf courses, however, hall is licenced and available
for rent.
For more information regarding these facilities/properties and any updates, please
visit www.kitchener.ca.
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b.Designation of Not Suitable Properties
The following municipal facilities/propertiesand areas are not licenced or not
suitablefor an event involving alcohol. They include but not limited to:
Breithaupt Centre pool area, viewing lounge, change rooms, solarium
Cameron Heights Pool
Forest Heights Pool
Harry Class Pool
Idlewood Pool
K-W Judo Gymnastics Training Centre
Kiwanis Pool
Lyle Hallman pool area and change rooms
Williamsburg Community Centre
Wilson Pool
Athletic and playing fields
Parking lots
Spectator areas of arenas*
Dressing rooms/change rooms*
Open park areas, trails and woodlots
Playground areas
*except designated areas of KMAC
For more information regarding these facilities/properties and any updates,
please visit www.kitchener.ca.
The City of Kitchener has no legal obligation to allow licensed events to be held
on its property. If the City of Kitchener so chooses, it may impose on the event
whatever restrictions it deems appropriate in the circumstances.
c.Designation of Events
The serving of alcohol shall not be permitted at any events where the focus of
the event marketing is for youth under 19 years of age.
4.4Conditions for Events Involving Alcohol
4.4.1Insurance
The event organizer must provide proof of insurance by way of submitting an
original Certificate of Liability Insurance to the City of Kitchener a minimum of 30
days prior to occupying municipal premises for the event. The Certificate of Liability
Insurance must be in effect for date(s) whenmunicipal property is being used or
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occupied by the event organizer including, without limitation, set-up and take-
down. Failure to provide proof of liabilityinsurance will result in the rental being
cancelled.
4.4.2All Rentalsfor Events with Alcohol
The Certificate of Liability Insurance shall:
Provide proof of a minimum of five million dollars general liability insurance
issued by an insurance company satisfactory to the City of Kitchener that is
licensed to carry on business in Ontario and which must at a minimum
include the following:
a)The City of Kitchener shown as an additional insured on the policy
b)Coverage for bodily injury and property damage liability
c)A liquor liability endorsement
d)Tenants liability endorsement
e)Products and completed operations liability
f)Personal injury liability
g)
h)Thirty (30) day notice of cancellation provision
i)Show cross liability endorsement and severability of interests provision
Show that coverage is in effect on the date(s) of the event
Be delivered to the supervisor having operational jurisdiction at the event
location at least 30 days prior to the start of the event. The following
information must be provided:
o Certificate of liability insurance
o Policy number
o Company name
o Expiry date
o Amount of Insurance coverage
o An endorsement from the insurance company that they are aware of the
Special Occasion Permit event and that coverage is in place including
date and location of the event and name and address of the Special
Occasion Permit holder
The City of Kitchener reserves the right to amend the insurance and provisions
required at any time at their sole discretion. Authority to review the exposure and
risk of the event to determine the level of insurance required is designated to the
Director of the business unitin consultation with the Waterloo Regional
Municipalities Insurance Pool and the City Solicitor.
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4.4.3Indemnification
The Event Organizer, both during and after the term of this agreement, shall at all
times, and at its own cost, expense and risk, defend, indemnify and hold harmless
the City of Kitchener, its elected officials, officers, employees, volunteers, agents,
contractors, and all respective heirs, administrators, executors, successors and
assigns from any and all losses, damages (including, but not limited to, incidental,
indirect, special and consequential damages, or any loss of use, revenue or profit
by any person, organization or entity), fines, penalties and surcharges, liabilities
(including, but not limited to proceedings of a criminal, administrative or quasi
criminal nature) and expenses (including, but not limited to, legal fees on a
substantial indemnity basis), which the indemnified person or persons may suffer
or incur, howsoever caused, arising out of or in consequence of or directly or
indirectly attributable to the Event, its agents, employees, volunteers, and/or
guests on behalf of the City of Kitchener, provided such losses, damages, fines,
penalties and surcharges, liabilities, judgments, claims, demands, causes of
action, contracts, suits, actions or other proceedings of any kind and expenses as
defined above are due or claimed to be due to the negligence, breach of contract,
and/or breach of law of the Event Organizer, its agents, employees, volunteers,
and/or guests.
4.4.4Advertising
All advertising must comply with the AGCO advertising policies and guidelines.
AGCO policy states that a permit holder for a private event special occasion permit
is not permitted to advertise or promote liquor or the availability of liquor.
At events where children and youth are allowed entry, the Event Organizer and/or
brands or manufacturers.
4.4.5Event Worker Training and Staffing Levels
a)Notwithstanding the roles outlined above, the Event Organizer is responsible
to:
Ensure event workers are in attendance and as needed to monitor, manage
and control the event
Ensure event workers wear an identification (I.D.) name tag and/or clothing
which are highly visible in a crowd so that they can be easily identified.
(Provision of this identification and clothing is the responsibility of the Event
Organizer and/or designate.) The type of identification worn by the event
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workers must be stated on the Checklist for Liquor Licenced Event
Organizersform.
Ensure the door monitors, floor supervisors, servers and themselves do not
consume alcoholbefore, during or after the event is concluded, nor shall
they be under the influence of any alcohol or other substance during the
event.
Ensure there are sufficient door monitors placed at all entrance and access
points to ensure controls are properly managed. For any event that allows
admittance to minors, additional door monitors may be required.
Ensure there are sufficient floor supervisors assisting in managing a person
who is refused sale, crowd control and de-escalations of violence.
Ensure the entrance to the event is monitored by responsible person(s)
meeting the age of majority requirements at all times. These persons shall
further observe individuals that may be attempting to enter the
facility/property that appear to be intoxicated or have a history of causing
problems at events.
Provide a list, at least 30 days priorto the event, of:
a) All servers and proof of Smart Serve certification (including their
certification numbers)
b)Security staff and security licence numbers
c) Proof of insurance satisfactory to the City of Kitchener
As it relates to monitoring and serving of alcohol, ensure that all event
workers are Smart Serve trained and recommend they have de-escalation
of violence training.
Relative to alcohol service areas, minimum event worker numbers are
required on an event worker versus guest ratio basis as described in the
police and/or licenced security.
The City of Kitchener,in consultation with the Event
Organizer and representative(s) of the Alcohol & Gaming
Commission of Ontario (AGCO) representative (if applicable),
reserves the right to adjust the minimum number or types of
Event Workers and Licenced Security based on assessed
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4.4.5b)
Guest to Event Worker Ratios
Minimum Number of Event WorkersMinimum Number of
Security
Number of BartendersDoor Monitors*Floor Supervisors**Ticket Licenced
GuestsSellersSecurity Workers
Up to and 1Monitor at each 10
including 100access point
101 to 2002Monitor at each 21
access point(+1 for outdoor events)
201 to 3002Monitor at each 32
access point(+1 for outdoor events)(1 for outdoor events)
301 to 4003Monitor at each 32
access point(+1 for outdoor events)(1 for outdoor events)
401 to 5003Monitor at each 421
access point(+1 for outdoor events)(+1 for outdoor
events)
501 to 6004Monitor at each 531
access point(+2 for outdoor events)(+1 for outdoor
events)
601 to 7004Monitor at each 632 ***
access point(+2 for outdoor events)(+1 for outdoor
events)
701 to 8005Monitor at each 732 ***
access point(+2 for outdoor events)(+1 for outdoor
events)
801 to 9005Monitor at each 743 ***
access point(+2 for outdoor events)(+1 for outdoor
events)
901 to 1,0006Monitor at each 843 ***
access point(+2 for outdoor events)(+1 for outdoor
events)
* All access points to the licenced area must be monitored. Each venue will require a varying number of
door monitors depending on the layout of the venue.
** The Event Organizer or official designate can be a floor supervisor.
*** For events over 600 guests, at least 50% of the required licenced security workers shall be paid duty
police officers.
For every additional 150 guests over 1,000, an additional bartender and an
additional floor monitor are required. For every additional 300 guests over 1,000,
an additional ticket seller is required. For every additional 200 guests over 1,000,
an additional licenced security worker is required. Amendments for these
requirements are at the sole discretion of the City of Kitchener.
For all outdoor events and all events with more than 1,000 guests, an
operational plan must be developed with the AGCO and the City of Kitchener in
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order to ensure that all aspects of public safety are addressed (including
ambulance, fire, security, traffic management plan, etc.).
The operational plan must be submitted to the City of Kitchener at least 30 days
prior to the event (e.g., ambulance, fire, security, etc.).
All costs associated with preparing and complying with security and operational
plans shall be borne by the Event Organizer and/or designate unless otherwise
agreed upon in writing by the Event Organizer and the City of Kitchener
representative.
Required licenced security or paid duty police officers for any events are the
responsibility of the Event Organizer and all costs associated therewith shall be
borne by the Event Organizer.
All costs unless agreed upon in writing by the City of Kitchener will be borne by the
Event Organizer.
4.4.6Enforcement Procedures
If drunkenness, riotous, quarrelsome, violent, and aggressive and/or disorderly
conduct or unlawful gaming is observed at the event, the Event Organizer and their
event workers shall:
First ask the offending person to leave, and
If the individual refuses to leave, call the police, and
Seek any necessary assistance to maintain control and management of the
event and ensure the safety and protection of persons, including event workers.
Ensure the safety of those removed from the event who are intoxicated.
The Event Organizer or event workers will notify the police if they observe signs
that a situation is getting out of control.
4.4.7Prevention Strategies Selling, Serving, Types of Drinks
The following controls and prevention strategies related toselling and serving
alcohol shall be in place in conjunction with the AGCO requirements:
I.Alcohol shall not be served to anyone under the age of 19 (minors). Minors
are not allowed to consume alcohol on the property. Outdoor public events
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
which allow admittance to minorsmust implement a wrist band policy or
have a fenced licenced area where alcohol is only served to and consumed
by those 19 years of age and older. Additional floor monitors are
recommended if alcohol is being served in the presence of minors. For
multiple day events, wrist bands need to be different colours for each day.
Obtaining a wrist band does not prevent servers from asking for
identification if they feel it is warranted.
II.Alcohol shall not be served to anyone who may appear intoxicated. No
personshall be served to the point of intoxication. No person shall have or
consume liquor if they become intoxicated.
III.Closing time is 1:00 a.m. unless different within the terms of the agreement
or the SOP. The sale and service of alcohol must be within the bar hours
based on the start and finish times listed on the original SOP. On New
SOP. Ticket sales shall end an hour prior to the end of the licenced period
of the event. Alcoholservice shall cease at least 45 minutes prior to the end
of the licenced period of the event. All alcohol and its containers (which
include empty cups/glasses) shall be cleared away no more than 45
minutes after the end of the licenced event as listed on the SOP.
IV.Last call shall not be announced.
V.Drink tickets may be required depending on the event type, size and other
event factors. Ticket sales for alcohol shall be limited to four tickets at one
time per person. Unused tickets for alcoholic beverages can be redeemed
at any time during the event.
VI.Alcohol service shall be limited to two drinks per person at one time.
VII.Alcohol cannot be left available for self-serving.
VIII.It is recommended that drinks be served in soft plastic cups. For formal
dinner settings, glass vessels may be used for serving/consuming alcohol.
Glass must be removed at the conclusion of the dinner.
IX.The permit holder is responsible to ensure that the permitted area is readily
distinguishable from adjacent premises to which the permit does not apply.
The following controls and prevention strategies related to types of available drinks
shallbe in place:
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
I.Event workers are to encourage patrons to consume food at the event.
II.Ensurethat a variety of non-alcohol or low alcoholbeverages are sold or
served, and that the prices of non-alcohol beverages areless than the price
of liquor sold.
III.Identified designated drivers are to receive free or lesser cost non-alcoholic
drinks such as coffee, pop or juice.
IV.Beer products must be within8% alcohol content, wine products within 14%
alcohol content and spirits within 40% alcohol content.
V.Pre-made alcoholic drinks, such as jello shooters and punches,spiked
watermelon, etc. are NOTallowed.
VI.Homemade alcohol shall not be allowed at any SOP function, with the
exception of homemade wine or beer at a religious function listed under a
NO SALE reception permit, as defined by the AGCO. Where wine is
provided with a meal, a non-alcoholic substitute such as water, pop or juice
must be provided to ensure that children and abstainers are included in
toasting the celebrants.
VII.No persons shall be allowed to bring in their own alcohol to the event or
allowed to pour their own alcoholic drinkswith the exception of Tailgate
Events.
VIII.Free liquor (i.e., spirits, wine, beer) shall not be offered or given to a
customer as a prize in a contest.
IX.Marketing practices which encourage increased consumption of alcohol
(e.g., oversized drinks, double shots, pitchers, drinking contests, jello
shooters, volume discounts) are not permitted.
X.For fundraising and raffles, games of skill are permitted but games of
chance are not permitted unless a lottery licence has been obtained through
the City of Kitchener and AGCO regulations are met.
4.4.8Safe Transportation
Event Organizers are responsible to take the necessary steps to reduce the
possibility of impaired driving.As a condition of rental, the Event Organizer must
have a Safe Transportation Strategy in effect. Elements of a Safe Transportation
Strategy could potentially include but are not limited to:
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
Providing non-alcoholic beverages either at no charge or at a cost much lower
than that of drinks containing alcohol;
Providing alternate means of transportation for those who are suspected to be
intoxicated (i.e., call a friend, ride sharing program, relative or taxi);
Calling police if someone who is suspected to be impaired cannot be convinced
to use alternate transportation;
Providing a designated driver program which encourages and identifies
designateddriver;
Advertise to guests the options for safe transportation.
The designated driver program and relevant local taxi phone numbers must be
prominently posted. Alternate means of transportation shall be provided for all
those suspected to be intoxicated. All advertising (e.g., posters, media) for the
event should indicate that a designated driver program is in effect.
4.4.9Signage
During events where alcohol is served, the following signage, which is approved
by the City of Kitchener, shall be displayed in prominent locations:
Signage at one or more prominent places in the licenced/bar area:
Please drink responsibly.
Bartenders reserve the right to refuse service
Bartenders cannot serve alcohol to anyone who is intoxicated or appears to
be at the point of intoxication
Bartenders cannot serve alcohol to anyone under 19 years of age proper
I.D. must be presented to event staff when requested
You can only be served a maximum of two alcoholic drinks at any one time
You may redeem unused tickets for cash anytime during the event
Thank you fornot drinking and driving
\[Insert phone numbers of local cab companies.\]
The R.I.D.E. program is in effect in our community
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
Signage at one or more prominent places in the licenced/bar area:
If there is an emergency
CALL 9-1-1
For a non-emergency, please call
Waterloo Regional Police at 519-653-7700
You are at:
\[Insert name and address of facility\]
Signage at one or more prominent places in the licenced/bar area:
Liquor Licence Act of Ontario
Warning:
Drinking alcohol during pregnancy can cause birth defects and
brain damage to your baby
Signage to be posted at the boundaries of the licenced/bar area:
NO ALCOHOL
beyond this point
Thank you for not drinking and driving
\[Insert phone numbers of local cab companies.\]
The R.I.D.E. program is in effect in our community
Use a designated driver or call a friend, ride sharing
program, relative or taxi
Other signs to be posted in one or more prominent places in the licenced/bar area
but are not mandatory:
Low Risk Drinking Guidelines sign
The Event Organizer shall post the Special Occasion Permit (SOP) (with any
updates) in plain view on the property to which the permit applies or shall keep it
in a place where it is readily available for inspection.
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
4.5Infractions and Violations
4.5.1Duty to Report
The Event Organizer has the duty to reportto the municipal representative issues
with details of any incident that:
The Event Organizer and/or designate are aware of or have been made aware
of any Liquor Licence Act of Ontarioor MAP violations
Where an AGCO inspector under the Liquor Licence Act of Ontariohas
reported any incident or violation
Involves bodily injury or property damage
Police shall be informed by the Event Organizer and/or designate as appropriate.
Reports shall be made no later than two days after the conclusion of the event, but
shall be made immediately when repairs or other action is required to make
municipal property secure or safe for use. The City of Kitchener representative
may report any infraction of this policy to the Police and/or AGCO whenever they
believe such action is required.
4.5.2Failure to Comply and Penalties
Where there has been a failure to comply with the Liquor Licence Act of Ontario,
the Police or the AGCO inspector may intervene for enforcement purposes and
may, at their discretion or other authority, terminate the event. The City of
Kitchener may similarly cancel, intervene or terminate the event for violations of
the Municipal Alcohol Policy.
It remains the responsibility of the Event Organizer and/or designate to manage
the event and to take appropriate actions, including ending the event, vacating
municipal property, maintaining insurance, any conditions of insurance, and
providing safe transportation options.
Regardless of the reason for termination of the event, the City of Kitchener will not
be responsible for any compensation to the Event Organizer and/or designate or
affected persons of their resulting financial or other losses.
The City of Kitchener shall subsequently inform the Event Organizer and/or
designate and any organization they represent, via registered letter, that there has
been a violation of the policy and any imposed consequences or penalties.
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
Additional short term and longer term penalties for failure to comply may include,
but are not limited to:
Loss of privilege to hold an event involving alcohol in a municipal property or
facility
Loss of any future use or rental of any or all municipal properties
Individual ban or suspension of persons involved in the infractions from any or
all municipal properties for any term
Loss of rental deposit (if applicable) or other monies owed
4.6Policy Review
The Municipal Alcohol Policy (MAP) shall undergo a regular review based on
change within the industry standards and shall be updated as required.
The City of Kitchener reserves the right to make discretionary changes to
this Municipal Alcohol Policy (MAP) at any time, and will advise the Event
Organizer and/or designate of any such changes prior to the event.
On behalf of The City of Kitchener, we wish you a
successful and enjoyable event.
Please drink responsibly.
Thank you for not drinking and driving.
5.HISTORY OF POLICY CHANGES
Administrative Updates
2016-06-policy template re-formatted to new numbering system and given
number MUN-FAC-325.
Formal Amendments
2016-02-08As per Council resolution
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
Appendix A
Event Organizer Checklist for Liquor Licenced Events
(The checklist must be signed and submitted to the City of Kitchener with all supporting
information, at least 30 daysbefore the event. See the Municipal Alcohol Policy (MAP)
for additional information.)
1.Name of Event: ______________________________________________________
2.Location of Event: ____________________________________________________
3.Date and Time of Event: _______________________________________________
4.Estimated Attendance: ________________________________________________
5.Will persons under 19 years of age be attending this event? Yes No
6.Name of Event Organizer (the person and/or group sponsoring/hosting this
event):__________________Phone: _______________ Cell: _________________
7.Name of Special Occasion Permit (SOP) holder (if applicable) and all official
designates:
SOP Holder Name: ______________________________________________________
Phone: ____________________________ Cell: ______________________________
Official Designates:
Name: __________________Phone: _______________ Cell: ____________________
Name: __________________Phone: _______________ Cell: ____________________
8.A copy of the SOP permit has been provided? Yes Date Received: ________
9.Proof ofliability insurance has been provided? Yes Date Received:________
10.The safe transportation strategies that will be used at this licenced event are:
a)________________________________________________________________
b)________________________________________________________________
c)________________________________________________________________
(List on separate sheet if necessary.)
11.Type of identification for event workers (please describe):_____________________
___________________________________________________________________
___________________________________________________________________
12.List the names and certification numbers of the Smart Serve trained event workers for
this licenced event:(Proof of certification may be required.)
NameCertification Number
___________________________________________________________
___________________________________________________________
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Policy No:MUN-FAC-325
Policy Title:MUNICIPAL ALCOHOL POLICY (MAP)
13.List the names and security licence numbers for security staff for this event:
(Proof of certification must be available on request.)
NameSecurity Licence Number
_______________________________________________________________
_______________________________________________________________
14.The undersigned (Event Organizer) has received the Municipal Alcohol Policy (MAP)
and has read and understood the information and requirements contained therein.
Yes
Please note that if there is anything that you do not understand with respect to this
policy it is your responsibilityto contact the appropriate City of Kitchener staff
(Phone: ______________________) to obtain clarification and understanding prior to
signing this Event Organizer checklist.
By signing this Event Organizer Checklist for Liquor Licenced Events, the
undersigned hereby agrees, on behalf of itself/himself/herself and on behalf of
its/his/her partners, employees, volunteers, agents, executors, administrators and
assigns, as the case may be, to comply with all of the obligations, terms and
conditions of the Municipal Alcohol Policy (MAP) of the City of Kitchener.
Signed at ______________, Ontario this ____ day of ______________, 20___.
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