By-law No. 44
BY-LAW NO. 44 FOR 1989
FOR THE CORPORATION OF THE TOWN OF CLINTON
A BY-LAW TO ESTABLISH SECURITY AS REQUIRED UNDER THE LIQUOR LICENCE ACT, R.S.O. 1980, CHAPTER 244, AS AMENDED.
WHEREAS THE COUNCIL OF THE CORPORATION OF THE TOWN OF CLINTON DEEMS IT ADVISABLE TO ESTABLISH A POLICY AND PROCEDURE FOR THE SECURITY OF EVENTS LICENCED UNDER THE LIQUOR LICENCE ACT, R.S.O. 1980 AND HELD ON MUNICIPAL PROPERTY, AS REQUIRED BY REGULATION 581, SECTION 37, "SPECIAL OCCASION PERMITS - GENERAL";
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF CLINTON ENACTS AS FOLLOWS:
1. That any person or persons entering into a facility rental agreement with the Corporation, shall ensure that the event complies with all rules and regulations of the Liquor Licence Board of Ontario and the Liquor Licence Act.
2. That such person or persons entering into a rental agreement with the Corporation shall, in addition to the aforementioned, ensure that the following RULES AND REGULATIONS as determined by the Corporation are complied with:
- except where Licenced by permit under the Liquor Licence Act and, where an applicable rental agreement exists, liquor shall not be consumed on the grounds of or in a facility owned and / or operated by the Corporation;
- any person or persons making application to the Corporation for a rental agreement shall make the Corporation aware in writing if such use is or shall be Licenced by a liquor permit;
- where a rental application is made for an event or function which shall be covered by a liquor permit, no rental agreement shall be binding upon either party to the agreement until such time as the Corporation's Event Security Committee has reviewed the application and determined the security requirements for the event, which shall then form part of the rental agreement;
- the Corporation's Event Security Committee shall be comprised of the Recreation director, the ClerkTreasurer and the Chief of Police'
- the Event Security Committee shall determine, based on the information available to them, including any proposals or submissions made by the applicant, the type and level of security which shall be considered adequate on a case by case basis;
- any cost associated with security shall be entirely the responsibility of the applicant;
- no person or persons designated to conduct a security function shall be permitted to begin such duty in an intoxicated state, no matter how slightly, or to consume any intoxicant during the rental period;
- any person or persons responsible for security shall be uniformly identifiable as such;
- no person under nineteen (19) years of age shall be eligible to perform security;
- security personnel shall not only be responsible for the Licenced portion of the facility but also for any adjacent property of the Corporation which is impacted by the event;
- the Licence holder shall, where difficulty is experienced during an event, advise the event security committee as soon as is practical following the event, in writing, providing brief details of the difficulty and any names of person(s) involved;
- the decision of the event security committee with respect to any portion of this Agreement shall be final, with no avenue of appeal.
3. That the Event Security Committee may determine to cancel or discontinue any rental agreement with respect to a town Facility at any time for nay breach of these policies.
4. That this By-law shall come into force and effect on January 1, 1990.