Land Use Bylaw Amendment Public Consultation - Liquor Sales
Liquor Licencing in Cardston: Next Steps
Despite Council's decision to amend the Land Use bylaw to allow controlled liquor licencing in in Town, Cardston will remain a municipality without licenced premises pursuant to the Alberta Gaming, Liquor and Cannabis Act until a successful applicant is granted a liquor licence.
The process involves making a normal application to the AGLC for a Class "A" - Minors Allowed liquor license(the only licence type allowed in commercial or industrial areas under the Land Use bylaw). Because Cardston is municpality without licence, the first application will be sent to Council for approval. However, Council has their own application requirements in Land Use Bylaw, which must all be satisfied before Council will approve the first application.
Application Process:
Applicants must apply at the Town Office for a discretionary use for, "Restaurant, Licensed" on a piece of property zoned Commercial (C1 or C2) or Industrial (I2) (A $150.00 application fee applies).
The applicant must either be the owner of the property, or be the business owner and produce a signed letter from the property owner stating they approve of the proposed use.
Applications must include a detailed business plan including hours of operation, number of employees, exterior signage related to liquor and any other relevant matters as may be required by the Development Authority.
Applicants must also complete a crime prevention through environmental design (CPTED) analysis and, where required by the Development Authority, incorporate CPTED design principles into the design of the development (see https://cptedcanada.com/cpted-principles/).
After all Town application requirements have been met, which may include other requirements the Development Authority may prescribe, the application will be forwarded to the Municipal Planning Commission (MPC) for consideration.
Notice will be given of the intended use to all neighbours within a prescribed radius, and an opportunity will be given for them to speak for or against the proposed use at a public meeting.
The MPC will determine if the discretionary use is appropriate for the proposed property, and may either reject the requested use, or may approve the use conditional upon incorporation of specific CPTED design principles on the property.
Following MPC approval, if all conditions have been met. The business owner must apply for a new business license for a licensed restaurant, which will be conditional on the business agreeing not to conduct off-sales, or sell liquor for consumption off the premises. Licensed restaurants are prohibited from conducting off-sales or liquor delivery services in Cardston subject to the Land Use Bylaw. Any violation of this condition will result in the business license being revoked.
At this point, the applicant may submit an application to the AGLC for a "Class "A" - Minors allowed liquor licence" and supply all required approvals from the Town to the AGLC (A $200 non-refundable Application fee to AGLC applies).
Applicants are required to submit Criminal Record Checks (obtained within the last 90 days) from the RCMP for all requested directors and shareholders of the applicant company and the proposed manager.
The first application AGLC receives for Cardston will be forwarded to Town Council for approval (this is only required for the first application). If all Town requirements and conditions have been met, Council may either choose to approve the application themselves, or send it to a public vote for approval pursuant to the Act, the result of the vote would determine if the application is approved. Subsequent applications will not be required to be approved by Council.
Anyone who objects to the licence application may send their objections to the AGLC (see AGLC - Liquor licensing objections) during the 7 day period.
Finally, after the 7 day period is over, and if no valid objections have been received by the AGLC, then the business owner will receive their Class "A" - Minors allowed business license, and will be allowed to purchase liquor for resale in their establishment subject to the rules and regulations of the AGLC, and the Town of Cardston.
Council voted 5-2 in favour of passing Bylaw 1647K, which will permit limited liquor sales in Cardston.
Bylaw 1647K Recieves Final Reading
September 12th, 2023
Public Hearing and Vote on Bylaw 1647K
At the September 12th Regular Meeting of Council, the public hearing for Bylaw 1647K was resumed with all councillors in attendance (view the meeting by clicking here) . Following the public hearing Council voted 5-2 in favour of giving the bylaw second and third readings. Bylaw 1647K is now in force.
What does this change?
Legislatively the Town of Cardston is in the same position it's been it for the past few years, but passing Bylaw 1647K accomplishes two things: First, it forms the framework in Cardston to determine in which land use zones future liquor licences may be issued. Previously there were no zones in in Cardston where business could be conducted under a liquor licence, which meant it was simply a prohibited use under the land use bylaw. Now, sit-down restaurants and recreational facilities like the Golf Course may seek approval to sell drinks for consumption at their facilities. No other types of liquor sales will be allowed. Second, it indicates that the Town of Cardston is open to receiving applications for liquor licences, and may approve the next licence application they receive. Under current provincial legislation — as a Municipality without licenced premises (meaning there's never been liquor sales here before) — the first application must be approved by Town Council, but if the application is rejected then the AGLC will not send any more applications for at least 3 years. In November 2020 Council rejected an application; the subsequent moratorium period for any new applications will be over in November of 2023. After the first licence is approved, Cardston will become a municipality with licenced premises, and AGLC will no longer be required to send applications to Council for approval. The applicant will simply be required to comply with all town bylaws in order to receive a licence.
Public Hearing
Council convened a Public Hearing on June 27th for Bylaw 1647K, which is a Land Use Bylaw amendment to allow specific liquor licenses in some land use districts. The Public Hearing was not adjourned, as Council is still considering the bylaw and wishes to continue with the public consultation to allow more people to present their opinion on the matter. Council will resume the public hearing on Bylaw 1647K on September 12th, 2023.
Anyone wishing to make a presentation regarding the proposed bylaw who has not yet presented to Council should contact the Municipal Administrator no later than 12:00 PM on September 8th, 2023. Both written and verbal presentations may be given at the public hearing.
A copy of the proposed bylaw may be inspected at the Town of Cardston municipal office during normal business hours.
Public Hearing; Bylaw 1647K: Part 1 - June 27th, 2023 [Watch Video]
Public Hearing; Bylaw 1647K: Part 2 - September 12th, 2023 [Watch Video]
Vote of Electors Results: Land Use Bylaw 1647K
On May 29th, 2023, a non-binding vote of electors was held on the following question:
“Are you in favour of passing Bylaw 1647K and allowing limited liquor sales in Town by restricting the sale of liquor to only Class A liquor licences in restaurants and Class B liquor licences in recreational facilities (Golf Course and Agridome)?” YES, or NO.
There was a voter turnout of 925 eligible electors, the result of the vote was as follows: YES = 494 (53%), NO = 431 (47%).
This purpose of this vote was to help better inform Council what the public opinion on the matter is. It will not however bind Council in their decision making; it was a method of information gathering only. Council has not decided what the outcome of the vote will determine.
What happens next?
Public Hearing (June 27th - 6:00 P.M.)
Bylaw 1647K has been given one reading, but every proposed bylaw must have three distinct and separate readings before it can be passed (MGA Section 187). In the case of the Land Use Bylaw, because it is a planning bylaw, council must hold a public hearing on the proposed bylaw amendment before giving it second reading (MGA Section 692). At the public hearing any person or groups of people affected by the proposed bylaw must be heard by Council. The public hearing must also be advertised in accordance with the MGA 606 so the public is aware of the public hearing. This will give everyone the opportunity to speak to Council for or against the proposed bylaw amendment in a public setting. To speak at the public hearing, please send an email to jeff@cardston.ca.
Liquor Licence Application - AGLC
If Bylaw 1647K is passed, the AGLC will then be able to forward a new liquor licence application to Council which they may make a resolution to approve. After all final approvals have been given for that application; the Town will no longer be a municipality without licenced premises.
Media Release
Please view the media release about the May 29th Vote of Electors on the question of prohibition:
Are you in favour of passing Bylaw 1647K and allowing limited liquor sales in Town by restricting the sale of liquor to only Class A liquor licences in restaurants and Class B liquor licences in recreational facilities (Golf Course and Agridome)?
Town Council is considering allowing liquor sales in the Town of Cardston. To accomplish this, they are proposing an amendment to the Land Use Bylaw that will make some liquor licenses a discretionary use in certain land use zones. Before they proceed however, Council wishes to consult the electorate in Cardston on the matter. The consultation will consist of:
Question Intake Period (open now - see form at bottom of this page)
Open house/Public Meeting (April 24, 2023)
*Vote of Electors/Public Vote (May 29, 2023: 12:00 pm - 8:00 pm, Advance vote May 18th, 2023: 9:00 am - 8:00 pm)
There will be one question on the ballot:
Are you in favour of passing Bylaw 1647K and allowing limited liquor sales in Town by restricting the sale of liquor to only Class A liquor licences in restaurants and Class B liquor licences in recreational facilities (Golf Course and Agridome)?
Information is provided below to help everyone understand the issue and why Council is proposing this amendment. The purpose of this consultation is to educate the electorate at the open house so they may know the facts of the matter, and then provide them with an opportunity to provide their input at the vote of electors.
To submit a question to be answered at the open house, please use the form below. All questions will be reviewed by Town administration, and used to populate the list of questions Council will answer at the open house. After the open house, there will be a vote of electors* for the purpose of communicating to Council the public opinion on the matter, and help them be better informed be fore deciding to proceed with the Land Use Bylaw. Before submitting a question, please read the provided materials on this page and the FAQ's.
*NOTE: Pursuant to section 236 of the Municipal Government Act, a vote of electors does not bind Council. This means that the result of the vote won't necessarily dictate Council's decision on the matter.
FAQ
Please read these frequently asked questions, and the information provided with them. If you have a question that is not answered in the FAQ's, please use the form at the bottom of this page to submit a question. You may see more FAQ's added to this page as more questions are received at the Town Office.
What is the Gaming, Liquor and Cannabis Act?
The Act Governing Liquor Sales in the Province is the Alberta Gaming, Liquor and Cannabis Act. This act was recently amended to remove all prohibition areas in the province, and changed how municipalities without licensed premises can become licensed (see section 56). All former prohibition areas that still don't have liquor licenses are now considered municipalities without licensed premises.
(see the FAQ article titled "What is the History of Prohibition in Cardston?" for more information.)
Prior to the Amending Act, Section 54 of the Act said: "PROHIBITION AREA (54) Despite anything in this Act, no liquor licence, other than a special event licence or a duty free store licence, may be issued for the area described in section 146(a) and (b) of the Liquor Control Act, RSA 1980 cL‑17, as it read on July 14, 1996 (pictured above is how the Liquor Act read in 1980, it was later amended to remove "beverage room, club or dining lounge", so in 1996 it would have only listed liquor stores
What is the History of Prohibition in Cardston?
On July 21st, 1915, Albertans voted in favour of imposing the prohibition of the general sale of liquor in the province. Prohibition remained in force in select areas of the Province for over 100 years up until the Alberta Government recently passed Bill 2: “Gaming, Liquor and Cannabis Amendment Act” on July 18, 2019, which repealed all the remaining prohibition areas in the province, and made it significantly easier for municipalities without licensed premises to get a liquor licence.
Under the Act, former prohibition areas such as Cardston are now each known as a "municipality without licensed premises" The difference is that now people can apply for a licence, whereas before it was simply prohibited. The Alberta Gaming and Liquor Commission (AGLC)—the Government of Alberta's Crown commercial enterprise and agency that oversees the gaming liquor and cannabis industries in Alberta—is the sole regulatory body that can issue liquor licenses in Alberta.
Previously, a vote of the electors was required on any applications made to the AGLC for a liquor licence in a municipality without licenced premises. Now, under the current legislation, only a resolution of approval by the Municipal Council is required before the first license can be issued in the Town. Applications for liquor licenses can be made by businesses to the AGLC as is normal for other municipalities in the province, but for as long as Cardston has no licensed premises, any application sent to the AGLC for Cardston must be sent to the Town Council for approval. If Council refuses an application, then the AGLC cannot send another application to Town Council for a minimum of 3 years.
This is what happened at the November 10, 2020 regular meeting of Council. Council discussed an application they had received from the AGLC, and made a resolution to reject it. This means that the AGLC cannot deliver another application to the Town until November of 2023, unless the Town Council advises the AGLC that they approve of the issuing of a liquor licence.
Why is Council considering allowing Liquor sales?
Council has been discussing the matter since the Amendment Act was passed in 2019 and all prohibition areas were repealed. The current Council made exploring the future position of the Town on the matter of prohibition part of their Council Strategic Plan for 2021-2025.
The Land Use Bylaw is the largest bylaw for Cardston, and controls all land uses in the Town, including what you can build, where you can do business, and what types of businesses are allowed in different land use zones.
Council gave first reading to Bylaw 1647K, which amends the Land Use Bylaw (Bylaw 1647) on the 14th day of February, 2023. This Bylaw, if passed, would amend the Land Use Bylaw to restrict the sale of Liquor in the Town of Cardston to sit-down restaurants in Commercial "C1" zones, Light Industrial "I2" zones, and town-owned recreational facilities in Rec & Open Space "RO" zones such as the Golf Course as a discretionary use. It would prohibit liquor sales anywhere else in Town. The bylaw would also prohibit lounges/beverage rooms, nightclubs, and liquor stores anywhere in Town, as well as any off-sales (liquor sold without food for consumption off-premises) or liquor delivery services.
A public hearing is required for any amendments to the Land Use Bylaw. All bylaws require three readings—three separate resolutions of Council made over two or three different meetings—before they can come into force, but some bylaws, such as the Land Use Bylaw, have a mandatory public participation component before Council can give it a second reading. Public Hearings are always publicly advertised in advance of the meeting.
The proposed amendment will add “Restaurant, Licensed” as a discretionary use in the C1 (Central Commercial), C2 (Drive-in/Highway Commercial), and I2 (Light Industrial) land use districts, and add “Recreational Use, Licensed” as a discretionary use in the RO (Recreation & Open Space) land use district.
This means that those land use districts could potentially have facilities that would be permitted to sell either a Class A - Minors allowed licence, or a Class B licence, but only IF they are approved by the Municipal Planning Commission (MPC).
The MPC is a committee of Council that makes decisions on land uses that are defined as discretionary, which means the use can be considered, but it's not an approved use, and any approved use may be subject to conditions imposed by the MPC.
What are Class 'A' and Class 'B' Liquor Licences?
There are different "classes" of liquor licenses that allow liquor to be sold in different locations, at different quantities and for different purposes. The Land Use Bylaw is proposing Class 'A' and Class 'B' licences be allowed in certain settings.
35 A Class A liquor licence authorizes the licensee
(a) to purchase liquor from the Commission or as otherwise directed by the board, (b) to possess, store and use liquor in the licensed premises, (c) to sell or provide liquor from the licensed premises for consumption in the licensed premises, and (d) to sell or provide liquor from the licensed premises for consumption off the licensed premises.
Licensed premises
36 The licensed premises under a Class A liquor licence must be premises that any member of the public is permitted to enter.
"Class A - Minors allowed" licences are what sit-down restaurants like Boston Pizza have. They permit the license holder to sell liquor served with food. The liquor must be stored in a fridge or behind a bar, they are not allowed to advertise as a liquor store, they are limited on how much product they can keep in the store, and they are subject to minimum pricing per drink.
Class B
Class B liquor licence
38 A Class B liquor licence authorizes the licensee
(a) to purchase liquor from the Commission or as otherwise directed by the board, (b) to possess, store and use the liquor in the licensed premises, and (c) to sell or provide the liquor from the licensed premises for consumption in the licensed premises.
Licensed premises
39 The licensed premises under a Class B liquor licence must be
(a) a recreational facility, tourist facility, race track, sports stadium, convention centre, theatre or public conveyance in which entrance is restricted to persons who purchase a ticket or pay a user fee or on some other basis acceptable to the board, or (b) a premises where a business is being operated that
(i) offers goods or services for sale to members of the public, (ii) does not have as a primary purpose the sale or provision of food or beverages, and (iii) is in a class of business approved by the board.
A Class B is the type of licence that a sports stadium or a facility like the Golf Course or the Agridome would have. They are for places where you must pay admission, and the liquor will be consumed on the property.
What are liquor off-sales or liquor delivery services?
The regulation specifies that a Class A liquor licence authorizes the licensee to sell or provide liquor from the licensed premises for consumption off the licensed premises. This means they can sell unopened liquor out the door to any customer for them to take home (off-sales), or even deliver the liquor like they would deliver a pizza (delivery).
The proposed Land Use Bylaw Amendment specifically prohibits liquor off-sales or liquor delivery services. Before a business can get a liquor licence, they must first secure all other permissions, including development approval, and business licensing. The AGLC will not issue a liquor licence to a business that does not have a business license. If the land use bylaw is adopted, businesses wanting to sell liquor will be required to agree as a condition on their business license that they will not sell liquor for consumption off premises as described in Part 3 Section 35 Subsection (d) of the Gaming, Liquor and Cannabis Regulation, Alta Reg 143/1996. If they do any off sales, the Town can revoke their business license for violating the conditions of their license, and the AGLC will subsequently revoke their liquor licence.
WHAT HAPPENS NEXT?
Vote of Electors – May 29th
On May 29th, the same day as the provincial election, the Town will be holding a Vote of Electors at the Library. There will be one question on the ballot:
“Are you in favour of passing Bylaw 1647K and allowing limited liquor sales in Town by restricting the sale of liquor to only Class A liquor licences in restaurants and Class B liquor licences in recreational facilities (Golf Course and Agridome)?” YES, or NO
This vote will communicate to Council what the public opinion on the matter is. It will not however bind Council in their decision making; it is a method of information gathering only. Council has not decided what the outcome of the vote will determine.
Public Hearing (Date to be determined)
Bylaw 1647K has been given one reading, but every proposed bylaw must have three distinct and separate readings before it can be passed (MGA Section 187). In the case of the Land Use Bylaw, because it is a planning bylaw, council must hold a public hearing on the proposed bylaw amendment before giving it second reading (MGA Section 692). At the public hearing any person or groups of people affected by the proposed bylaw must be heard by Council. The public hearing must also be advertised in accordance with the MGA 606 so the public is aware of the public hearing. This will give everyone the opportunity to speak to Council for or against the proposed bylaw amendment in a public setting.
Liquor Licence Application - AGLC
If Bylaw 1647K is passed, the AGLC will then be able to forward a new liquor licence application to Council which they may make a resolution to approve. After all final approvals have been given for that application; the Town will no longer be a municipality without licenced premises.
