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Staff Report
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Report To: General Government Committee
Date of Meeting: September 23, 2019
Submitted By: Anne Greentree, Municipal Clerk
Reviewed By: Andrew C. Allison, CAO
File Number:
Report Number: CLD-020-19
By-law Number:
Resolution#: GG-441-19
Report Subject: New Legislation Regarding Drinking in Parks (i.e. Tailgate Parties)
Recommendation(s):
1. That Report CLD-020-19 be received;
2. That the Municipal Clerk, in consultation with relevant Staff, be authorized to make
decisions with respect to proposed Tailgate Events on Municipal Property; and
3. That all interested parties listed in Report CLD-020-19, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report CLD-020-19
Report Overview
Page 2
Regulation 389/91 under the Liquor Licence Act was amended to include Tailgate Event
Permits, and the Alcohol and Gaming Commission of Ontario began accepting applications
on May 6, 2019. This Report provides a brief summary of the changes and the
recommendation to delegate the authority to the Municipal Clerk to object to Tailgate Event
Permits on municipal property.
1. Background
Special Event Permits
1.1. The Alcohol and Gaming Commission of Ontario (AGCO) is responsible for
administering the Liquor Licence Act (LLA) and specific sections of the Liquor Control
Act (LCA), which together with the regulations made under them establish the licensing
and regulatory regime for most aspects relating to the sale and service of alcohol in
Ontario.
1.2. The AGCO oversees the administration of the Special Occasion Permit (SOP) program,
which allows for the sale and service of alcohol on special occasions, such as cash bars
at weddings or private receptions, as well as larger scale events that are open to the
public, such as charity fundraisers.
1.3. On May 6, 2019, the Provincial requirements for SOP's were amended to include a
tailgate event as a new type of public event for which you can obtain a SOP. The full
permit rules are set out in Regulation 389/91 under the LLA.
1.4. To be eligible for a Tailgate Event Permit, the tailgate event must be held outdoors, in
connection with, and in proximity to, a live professional, semi-professional or post-
secondary sporting event. The permit holders may sell and serve alcohol, and
attendees 19 years of age or older may bring their own liquor (BYOB) for consumption
within the permitted area.
1.5. There is no requirement that the tailgate event or the sporting event be designated as
an event of municipal significance. There's also no requirement that the applicant be
endorsed by the sporting team or the sports venue.
Municipality of Clarington Page 3
Report CLD-020-19
1.6. However, as with other special occasion permits, applicants must notify the local
municipality, specifically if expected attendance is less than 5,000 people, the applicant
must notify the local municipal clerk's department, police, fire and health 30 days before
the tailgate event takes place. If the expected attendance is more than 5,000 people a
day, the notice to the same group must be 60 days prior or the tailgate event. In
addition if there is a tent, marquee, pavilion or tiered seating used, then the local
building department must also be notified in writing.
1.7. As with all special occasion permits, the permit holder is responsible for ensuring they
are compliant with municipal by-laws and all other laws including the Liquor Licence Act.
1.8. The AGCO began accepting applications on May 6th via iAGCO, their online service
platform. As well, the full permit rules are set out in Regulation 389/91 under the Liquor
Licence Act.
Tailgate Events on Municipal Property
1.9. The AGCO has advised that a tailgate permit on municipal property will be refused
unless consent is granted by the Municipality.
1.10. SOP's for Tailgate Event Permit applications on municipal property may be
accompanied by either a municipal resolution, or a letter from a delegated municipal
official objecting to the Tailgate Event on municipal property and who would prohibit the
issuance of the permit.
1.11. The AGCO has recently emphasized their 30-60 day application deadlines, making it
imperative that the Municipality deal with requests promptly to ensure applicants can get
their Tailgate Event Permit.
1.12. In order to streamline the process, and to be consistent with municipal approval for
municipally significant SOP events and other SOP applications, it is recommended that
Council pass a resolution to delegate the authority to the Municipal Clerk to determine
whether it is appropriate to support a Tailgate Event on Municipal Property.
1.13. When a request for a Tailgate Event SOP on municipal property is received by the
Clerk's Department, staff will forward the request to Municipal Law Enforcement
Division, Emergency and Fire Services, Operations, Community Services and the
Building Division of Engineering Services for review. Staff reviewing the application will
be confirming compliance with the Municipality of Clarington's by-laws (including
ensuring that any necessary facility/parks permits are in place), and to determine
whether there are other relevant issues of safety or potential nuisance.
Municipality of Clarington
Report CLD-020-19
Page 4
1.14. It is recommended that the Municipal Clerk in consultation with these departments,
would determine whether the Tailgate Event SOP on municipal property is appropriate
and would communicate a formal response to the AGCO.
1.15. To be clear, should Council approve the recommendations set out in this Report, be
advised that there is no implied approval for applications. Applicants for Tailgate Event
SOPs to be held on Municipal Property, would be required to comply with all Municipal
By-laws and permit terms and conditions.
2. Concurrence
This report has been reviewed by the Acting Director of Community Services, the
Manager of Operations and the Municipal Solicitor who concur with the
recommendations.
3. Conclusion
It is respectfully recommended that the Municipal Clerk, in consultation with relevant
Staff, be authorized to make decisions with respect to proposed Tailgate Events on
Municipal Property.
Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 ext. 2106 or
sgray@clarington.net.
Attachments:
1. AGCO Tailgate Event Guidelines
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report CLD-020-19
Tailgate Event Permit Guide
Section 1: When is a Tailgate Event Permit Required?
A Tailgate Event Permit is required for events held in connection with, and in proximity
to, a sporting event, and where attendees 19 years of age or older may bring their own
liquor (BYOB) for consumption at the tailgate event, within the permitted area.
The following sections provide an overview of Tailgate Event Permits.
For more information on Special Occasion Permits (SOP) for Private Events, other
Public Events and Industry Promotional Events, please refer to the AGCO's Special
Occasion Permit Guide.
Section 2: What is a Tailgate Event?
A tailgate event is generally considered to be an outdoor social gathering, where
attendees can bring their own food, beverages (including alcohol), and often their
vehicles, to an area for the purposes of community and support for a sporting event.
To be eligible for a Tailgate Event Permit in Ontario, the tailgate event must be:
• an outdoor event that is held in connection with, and in proximity to, one of the
following types of sporting events:
o Professional
o Semi-professional
o Post -secondary
• held at an outdoor space, at ground level (e.g. parking lot).
• be within proximity to where the live sporting event is taking place to which the tailgate
event is connected.
In addition, attendees 19 years and older must be allowed to bring their own alcohol for
consumption.
For more information on the eligibility requirements for a Tailgate Event Permit, please refer to
Section 5.
Attachment 1 to Report CLD-020-19
Section 3: Tailgate Event Permit with Sale or No Sale of Alcohol
Under a Tailgate Event Permit, you may sell and serve liquor if you wish, though there is no
requirement to do so. You must, however, allow attendees 19 years and older to bring their
own alcohol and consume it at the event.
As part of your application, you will be required to indicate whether you wish to sell alcohol at
your event. This includes where money is collected for alcohol through, for example, an
admission charge to the event (e.g., drink tickets included in admission charge), the sale of
alcohol (cash bar) or alcohol tickets sold to people attending the event, or the collection of
money and/or other forms of payments for alcohol before the event.
Section 4: Application Fees
Tailgate Event Permit application fees are non-refundable.
For a list of current fees, please refer to the Schedule of Fees on the AGCO's website.
Section 5: Eligibility Requirements for Tailgate Events
Eligible Sporting Events
Tailgate Event Permits may only be issued for tailgate events connected to professional,
semi-professional or post -secondary level sporting events:
Professional sporting events may include sports where the participants are major
league teams such as members of the Canadian Football League (CFL), Major
League Baseball (MLB), National Hockey League (NHL), American Hockey League
(AHL), National Basketball Association (NBA), Major League Soccer (MLS).
Semi-professional sporting events may include sports where the participants are
minor league teams such as members of Ontario Hockey League (OHL), AAA
baseball, United Soccer League Championship.
Post -secondary sporting events may include sports where the participants are
extramural, varsity or intercollegiate sports teams
Amateur or recreational sporting events, including events organized and played
through intramural sports leagues at post -secondary institutions or otherwise, are not
eligible for Tailgate Event Permits.
Eligible Locations/Premises
A proposed tailgate event must be within proximity to where the live sporting event to which
the tailgate event is connected is taking place. In addition, all Tailgate Event Permit areas
(where alcohol will be sold, served and/or consumed) must be outdoors and at the ground
level.
Outdoor areas are considered to be spaces that are open, or partially open, to the weather
elements. Eligible outdoor locations may also include, for example, temporary structures such
as a tent, marquee, pavilion or tiered seating (e.g. bleacher seating, stadium -type seating,
seating arranged in sloping tiers).
Attachment 1 to Report CLD-020-19
Tailgate events must also take place at ground level. This generally means that the location of
the event must be on the same level as the natural ground or street (as opposed to being
above or below the ground or street's surface). For example, an underground parking garage
or the upper/lower levels of a multi -level parkade would not be eligible locations for a tailgate
event.
As part of the application, you will be required to submit a sketch of the proposed permit area,
as well as provide information about the location of the sporting event and the sporting venue.
Application Deadlines for Tailgate Events
An application for a Tailgate Event Permit must be submitted at least 30 days prior to the
event.
Notification to Municipal Authorities
Applicants for a Tailgate Event Permit must notify in writing the local municipal clerk's
department, police, fire and health departments informing them of the event, and include a
sketch identifying the physical boundaries. If a tent, marquee, pavilion or tiered seating is
used, you must also notify in writing the local building department.
The applicant's timelines for notifying local authorities are:
30 days before the event takes place, if fewer than 5,000 people per day are expected
to attend the event; or
60 days before the event takes place if 5,000 or more people per day are expected to
attend the event.
You will be required to include copies of all municipal notification letters with your application.
For a list of Ontario municipalities, see Appendix A - Contact Information.
Section 6: Conditions
The AGCO regulates the sale and service of beverage alcohol in Ontario and provides
assistance to applicants and permit holders in understanding how to conduct an event in a
responsible manner.
The Registrar may review applications for Tailgate Event Permits to determine if there are
any risks associated with the event. The Registrar has the authority to attach conditions to
a Tailgate Event Permit to mitigate any risks that may be related to the event. Conditions
might include, for example, limiting the hours of sale, service and consumption of alcohol,
or requiring licensed security staff to be hired/on duty during the event.
Attachment 1 to Report CLD-020-19
Section 7: Guidelines for Submitting Tailgate Event Permit Applications
To apply for a Tailgate Event Permit, go to iArr'r' and select "Special Occasion Permit —
Tailgate Event".
APPLICANT INFORMATION
You must be 19 years of age or older to obtain a Tailgate Event Permit. If the applicant is an
organization, association or company, the application must be completed by a member or
representative who will be at least 19 years of age at the time of the event, who has signing
authority for the organization, association or company.
Applicants must provide all information, materials, documentation or approvals as may be
requested.
RESPONSIBLE PERSON(S)
The Permit Holder/Responsible Person must be present throughout the tailgate event and
is responsible for the safety and sobriety of people attending the event. They must ensure
the event is run properly and in compliance with the Liquor Licence Act and its regulations.
To request, view or download a copy of these documents, see the e-Laws statute and
regulations on the Government of Ontario website.
The Permit Holder/Responsible Person indicated on the application will be noted on the
permit. If there is more than one Responsible Person, all must be named and at least one
of the persons named must be at the event at all times.
NOTE: If in an emergency situation the Permit Holder/Responsible Person is unable
to attend, then it is the responsibility of the Permit Holder to designate in writing
someone to attend the permit event on his/her behalf. The Designated Person is
responsible to ensure that all legal requirements for the permit event are met. The
Designated Person must not be someone who has previously been refused a
Special Occasion Permit(s) by the AGCO.
TAILGATE EVENT NAME, LOCATION AND DETAILS
As part of the application, you will be required to provide details related to the tailgate event,
including the:
• Event Name (e.g. Toronto Argos Fan Tailgate Party)
• Location Name (e.g. Stadium/Field parking lot, name of building/property where the
tailgate event will be held)
• Address of the tailgate event location. (If the address of the proposed location for
the tailgate event is unknown (e.g. parking lot), please use an address as close to
the proposed location as possible).
Note: If your event is being held at different locations (whether it is on the same
day or over the course of several days), a separate permit is required for each
location/address.
Attachment 1 to Report CLD-020-19
DATES AND TIMES OF TAILGATE EVENT
Alcohol may only be sold, served and/or consumed during the hours specified on your permit
Note: the tailgate event can begin/continue beyond hours specified on your permit,
however, the sale, service and/or consumption of alcohol is limited to the time
authorized on your permit.
A Tailgate Event Permit will be generally be effective on the same day as the sporting event to
which the tailgate event is connected, and the hours must be between 9:00 a.m. to 2:00 a.m.
on any day (except New Year's Eve (December 31) where hours may be between 9:00 a.m.
and 3:00 a.m. the following day (January 1)).
Date(s): Indicate the date on which the tailgate event will take place. If your event runs into
the following day (e.g. until 2:00 a.m.), you must only indicate the first day (e.g. if the event
begins April 9th at 7:00 p.m. and ends April 10th at 2:00 a.m. you would only indicate "April
9„
Start Time: Indicate the time at which the sale, service and/or consumption of alcohol will
begin.
End Time: Indicate the time at which the sale, service and/or consumption of alcohol will
end. Please note that the signs of alcohol must be cleared no later than 45 minutes after
the end of the serving period (e.g. if your permit indicates an end time of 4:00 p.m., all
alcohol and signs of service and/or consumption must be cleared by 4:45 p.m.).
APPLYING FOR MULTIPLE EVENTS IN ONE APPLICTION
You may apply for more than one tailgate event in the same application, if:
• Each tailgate event is one in a series of events (e.g. tailgate events for all
home games of sports team; tailgate events for all games in a playoff series
or tournament)
• The application for the permit is for all of the events (dates)
• The nature, purpose, location and target audience of each of the tailgate event dates
are the same (e.g. tailgate event for all home games, etc.)
• As a result of doing so, the permit holder is not operating an ongoing business, or
does not appear to be doing so
• Each tailgate event is in connection with and in proximity to a sporting event
TAILGATE EVENT LOCATION NAME OR AREA
You must provide a description of the outdoor area where the tailgate event will be held.
Please use specific descriptions (e.g. parking lot, park, fenced area) and name of the
area, if applicable.
ESTIMATED ATTENDANCE
Indicate how many people you expect will attend the event per day.
Attachment 1 to Report CLD-020-19
SPORTING EVENT INFORMATION
All tailgate events be must held in connection with, and in proximity to, a professional, semi-
professional or post -secondary sporting event in Ontario. In this section of the application,
you will be required to provide the following information about the live sporting event:
1. Type of sport
2. Category (i.e. Professional, semi-professional or post -secondary)
3. Governing body or league (e.g., Canadian Football League (CFL), National Basketball
Association (NBA))
4. Date, time and location of the sporting event
5. Name of participating teams
If you are applying for more than one tailgate event in your application, you must provide
the above information about the sporting event connected with each tailgate event date.
TAILGATE EVENT LOCATION REQUIREMENTS/INFORMATION
The location/area where the tailgate event is to take place must meet the requirements below.
The following location requirements must be met:
• The permit/location area where alcohol will be sold, served or consumed must be
outdoors and at the ground level
• The permit location/area where alcohol will be sold/served/consumed must be readily
distinguishable from adjacent areas where the permit does not apply. This means that
all areas that are not part of the permit area must be clearly and visibly separated from
those areas covered under the Tailgate Event Permit. For example, boundaries of the
permit area could be identified using:
o Painted lines, tape or dots around perimeter
o Plants, furniture, or other fixed items
o Ropes and temporary fences
o Pylons or other similar visible markers
o Signage indicating where alcohol can be consumed or is prohibited
• The premises may not be a residence or dwelling. Outdoor common areas at the
ground level of a multi -unit residential building (i.e. condo/apartment) are not
considered a dwelling.
• The location may not be in a dry area if alcohol is to be sold at the event. A dry area is
an area/municipality where alcohol is not sold.
You will be required to confirm that you, as the permit holder, are authorized to use the
proposed permit area for the tailgate event.
Attachment 1 to Report CLD-020-19
TENTS, MARQUEES, PAVILIONS OR TIERED SEATING
You must indicate in the application whether alcohol will be sold, served or consumed in
tents, marquees, pavilions or tiered seating areas (e.g. bleacher seating, stadium- type
seating, seating arranged in sloping tiers).
As part of the application, you will be also required to provide a detailed sketch showing
the dimensions of the tailgate event area for which the permit will apply (see Supporting
Documents section). If there are tents, marquees, pavilions or tiered seating, please
include them and identify their location within the sketch.
Note: If a tent, marquee, pavilion or tiered seating is used, you must notify the
local building department in writing (please see Section 5 — Notification to
Municipal Authorities)
WILL ALCOHOL BE SOLD AND SERVED?
You must answer "yes" to this question if you are collecting money for alcohol either
directly, through the sale of alcohol or drink tickets at the event (e.g. cash bar, sale of
drink tickets), or indirectly through an admission charge that covers alcohol (e.g. drink
tickets included with admission) or the collection of money for alcohol before the event.
SUPPORTING DOCUMENTS
The following documents will be required for your application:
• Detailed Sketch - A detailed sketch showing the dimensions of the tailgate event area
for which the permit will apply. If there are tents, marquees, pavilions or tiered
seating, please include them within the sketch.
Example:
OUTDOOR AREA
Area = 192,500 m2
a
Tent, pavilion, '{
marquee, or I
tiered seating
U7
O
Length = 550m
• Notification Letters - Copies of letters sent to the local municipal clerk's department,
police, fire and health departments informing them of the outdoor event. As well as, a
copy of the letter sent to the local building department if a tent, marquee, pavilion or
tiered seating is used within the permitted area.
Note: You may also provide any supplementary documents you feel may be helpful in
the review of your application.
Attachment 1 to Report CLD-020-19
Section 8: Purchasing Alcohol for Sale and Service at a Tailgate Event
If you are selling or serving alcohol at your tailgate event, generally, all alcohol must be
purchased in Ontario from an authorized government retail store (LCBO, The Beer Store
or authorized manufacturer's retail store).
Applicants should contact the Canada Revenue Agency for information concerning any
collection of Harmonized Sales Tax (HST) or other obligations they may have relating to
the HST and the sale of alcohol under the permit.
The permit and product receipts for all alcohol products purchased under the permit must
be readily available during the Tailgate Event for presentation upon request at the event
by AGCO Compliance Officials or police officers.
Section 9: Storage of Alcohol Purchased under your Tailgate Event
Permit
Alcohol that has not been consumed that was purchased by the permit holder under the
Tailgate Event Permit for sale or service at the event must be removed from the premises
at the end of the event. When returning unopened alcohol purchased from a government
store, you must produce the permit and a copy of your payment records (e.g. receipts
and/or invoices). Check with the retailer at which you purchased the alcohol for further
details.
If a permit is issued for more than one tailgate event, the permit holder may store alcohol that
is sold under the permit between event dates if the permit holder:
• Stores the alcohol in a secure area that is not a dwelling;
• Ensures that the alcohol is stored separately from other alcohol not sold under the permit;
• Provides the AGCO with a list of persons with access to the location, upon request; and
• Ensures that the alcohol is made available to AGCO Compliance Officials and police
officers for inspection upon request.
Section 10: Changes to your Tailgate Event/Permit
If there is a change to the permit area(s) or the tailgate event after the permit is issued,
including any of the following, the permit holder must submit a change request:
• if there has been a change in the event date, hours and/or location
• if alcohol will be served, sold or consumed in tents, marquees, pavilions or tiered seating
• if there has been a change to whether you are charging for alcohol directly, through
the sale of alcohol or drink tickets at the event (e.g. cash bar, sale of drink tickets), or
indirectly through an admission charge that covers alcohol (e.g. drink tickets included
with admission) or the collection of money for alcohol before the event.
In some cases, a new permit may be required. If the permit holder does not notify the
AGCO by submitting such a request, administrative action may be taken against the
permit holder including, but not limited to, the immediate revocation of the Tailgate Event
Permit. Application fees are non-refundable.
In addition, if the sporting event for which your Tailgate Event Permit has been issued is
cancelled, you must notify the AGCO.
Attachment 1 to Report CLD-020-19
Section 11: Revocation of Permit
A police officer or AGCO Compliance Official may revoke a Tailgate Event Permit while
the event is underway if he/she reasonably believes that the Liquor Licence Act or its
regulations are being contravened in connection with the event.
Any Tailgate Event Permit holder may be issued a monetary penalty as a result of specific
breaches of the Liquor Licence Act and its regulations. For further information on monetary
penalty refer to the Schedule of Monetary Penalties which can be found on the AGCO
website.
Section 12: Event Guidelines
RESPONSIBLE PERSON(S)
The Permit Holder, Responsible Person(s) and/or Designated Person must be present
throughout the tailgate event.
PATRONS DEPARTING WITH UNFINISHED ALCOHOL
Under a Tailgate Event Permit, the permit holder must allow patrons to bring their own
alcohol for consumption at the event.
It is the responsibility of the permit holder to ensure that patrons attending the tailgate event
do not leave the permit area with unsealed or opened alcohol.
In cases where a patron is departing the event in a motorized vehicle (other than a form of
public transit), the permit holder must ensure that the alcohol that is leaving the premises is
sealed and unopened, or packed in baggage that is fastened closed and not readily available
to anyone in the vehicle. Permit holders must also ensure that patrons leaving by foot, or
other means, transport any of their unfinished alcohol in a closed container.
VEHICLES IN THE PERMIT AREA
Under a Tailgate Event Permit, permit holders may allow vehicles to enter and park within the
permit area (i.e. a tailgate event taking place in a parking lot). Permit holders are responsible
for ensuring the safety and security of patrons attending the event.
ADVERTISING
A Tailgate Event permit holder may advertise or promote the availability of alcohol only in
accordance with the Registrar's Advertising Guidelines. Please refer to Subsection 7(2),
Regulation 389/91 of the Liquor Licence Act for further information.
SECURITY
The permit holder must provide security sufficient to ensure that the conditions of the
permit and requirements of the Liquor Licence Act are observed. In order to determine
whether security is sufficient, the permit holder shall consider:
• The size of the premises
• The age and number of persons attending the event
• If vehicles are present.
Attachment 1 to Report CLD-020-19
COMPLIANCE WITH THE LAW
AGCO Compliance Officials and police officers have the authority to access and inspect any
location or area where a Tailgate event is being held.
If breaches of the Liquor Licence Act or its regulations are observed or if there is an
immediate threat to public safety, an AGCO Compliance Official or police officer may
revoke a SOP while the event is underway.
A Permit Holder, Responsible Person(s) and/or Designated Person may be issued a
monetary penalty by the AGCO as a result of specific breaches of the Liquor Licence Act
or its regulations. For further information please refer to the Schedule of Monetary
PPnA1fiP_C
SERVER TRAINING
Smart Serve Ontario offers a responsible alcohol beverage service training program for the
Ontario hospitality industry. While not a requirement, permit holders and/or their staff may
wish to consider taking this training to learn more about safe and responsible sale and
service of alcohol. For more information, please contact Smart Serve Ontario (see
Appendix A —Contact Information)
AGCO RESOURCES
The AGCO has published a tip she to help you in planning your event.
Appendix A — Contact Information
Alcohol and Gaming Commission of Ontario (AGCO)
90 Sheppard Avenue
East, Suite 200 Toronto,
ON M2N OA4
Website: www.agco.ca or iAGCO online portal
Tel: 416-326-8700
Toll Free in Ontario: 1-800-522-2876
Additional Industry Contacts
Canada Revenue Agency Website: www.cra-arc.gc.ca/
Liquor Control Board of Ontario (LCBO)
Telephone: 416-365-5900TolI-free in Ontario
Toll free in Ontario: 1-800-361-3291
Website: www.hellolcbo.com
1-800-668-5226Mobile: #LCBO (#5226) TTY
Liquor Licence Act and Regulations (Government of Ontario)
Telephone: 416-326-5300TTY/Teletypewriter (for the hearing impaired): 416-325-3408Toll
free across Canada: 1-800-668-9938TTY Toll free in Ontario 1-800-268- 7095Website:
www.ontario.ca/laws/statute/90119
Ontario Municipalities Website: www.mah.gov.on.ca/page1591.aspx
Smart Serve Ontario
5407 Eglinton Avenue West, Suite 105Toronto, ON M9C 5K6Telephone: 416-695-8737Toll-
free in Ontario: 1-877-620-6082Email: info smartserve.ca Website: www.smartserve.ca