COVID-19 Regulations
Some municipal functions such as public transport, restaurant hours and liquor sales are impacted by recent national COVID-19 regulations.
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Repealed
This By-law was repealed on 17 January 2014 by Control of Undertakings that Sell Liquor to the Public. This is the version of this By-law as it was when it was repealed.
- Published in Province of Western Cape: Provincial Gazette no. 6788 on 10 September 2010
- Commenced on 1 January 2011
- [Up to date as at 17 November 2020]
- [Amended by Liquor Trading Days and Hours: Amendment on 26 April 2012]
- [Repealed by Control of Undertakings that Sell Liquor to the Public on 17 January 2014]
Preamble
WHEREAS a municipality may, in terms of section 156 of the Constitution, make and administer by-laws for the effective administration of matters which it has the right to administer;WHEREAS it is the intention of the City to set trading days and hours for all licensed premises, businesses or outlet situated within the City of Cape Town that sell liquor to the public;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-1. Definitions
(1)In this By–Law, unless the context indicates otherwise-'agricultural area' means an area predominantly zoned agriculture or any other equivalent zoning, with the purpose to promote and protect agricultural activity on a farm as an important economic, environmental and cultural resource, where limited provision is made for non-agricultural uses to provide owners with an opportunity to increase the economic potential of their properties, without causing a significant negative impact on the primary agricultural resource;'business premises' means a property from which business is conducted and may include a restaurant, pub, bar or tavern or other building for similar uses, but excludes a place of entertainment, guest accommodation establishment, hotel, sports and community club;'City of Cape Town' means the City of Cape Town established by the City of Cape Town Establishment Notice published in Provincial Notice No. 479 of 2000, as amended, and 'City' has a corresponding meaning;'casino' means a casino as defined in the National Gambling Act, 2004 (Act No. 7 of 2004) and includes a hotel, business premises, venue for hosting of events, place of entertainment or other recreation facility or tourist attraction as part of the complex;'general business area' means an area predominantly zoned general business or any other equivalent zoning, with the purpose to promote economic activity in a business district and development corridor, and includes a wide range of land uses such as business, residential and community uses;'guest accommodation establishment' means premises used as temporary residential accommodation, and includes the provision of meals for, transient guests for compensation and includes a backpacker’s lodge, a bed-and-breakfast establishment, guest house and guest farm or lodge, as well as facilities for business meetings, conferences, events or training sessions of resident guests, but excludes a hotel;'hotel' means premises used as temporary residential accommodation for transient guests where lodging or meals are provided for compensation, and includes -(a)a restaurant or restaurants forming part of the hotel;(b)conference and entertainment facilities that are subservient and ancillary to the dominant use of the premises as a hotel; and(c)premises which are licensed to sell liquor for consumption on the property,but excludes an off-consumption facility, guest accommodation establishment, dwelling house or dwelling unit;'industrial area' means an area predominantly zoned general industry or any other equivalent zoning, with the purpose to accommodate all forms of industry including manufacturing and related processing, but excludes noxious or hazardous risk activity;'licensee' means any person who is licensed to sell liquor in terms of the Act and includes any licensed premises, business, outlet or land use activity from which liquor is sold;'liquor' means liquor as defined in section 1 of the Act as amended;'local business or neighbourhood business area' means an area predominantly zoned local business or mixed use or any other equivalent zoning with the purpose to accommodate low intensity commercial and mixed use development serving local needs of a convenience goods, personal service or small scale business nature or serve as an interface between general business, industrial and adjacent residential areas;'place of entertainment' means a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis, and includes a cinema, theatre, amusement park, dance hall, gymnasium, totalisator or facility for betting, gambling hall, karaoke bar and nightclub, but excludes a casino;'residential area' means an area predominantly zoned informal, single or general residential or any other equivalent zoning, with the purpose to accommodate predominantly single-family dwelling houses in low to medium density neighbourhoods, as well as higher density living accommodation and which includes controlled opportunities for home employment, additional dwellings and low intensity mixed use development;'room service facility' means a mini bar or self-help facility for the consumption of liquor in guest rooms and a call-up service for resident guests;'small holding or rural area' means an area predominantly zoned rural or any other equivalent zoning, with the purpose to accommodate smaller rural properties that may be used for agricultural purposes, but may also be used primarily as places of residence in a more country or rural setting;'sparkling wine' means an effervescent wine resulting from the fermentation of grapes, whether by natural or artificial process, and includes Champagne;'sports and community club' means premises or a facility used for the gathering of community or civic organisations or associations, sports clubs or other social or recreation clubs run mostly not for profit and may include community service clubs and community centres or similar amenity facilities, but excludes a night club;'the Act' means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008) as amended;'winery' includes premises or facilities which are used in the production of wine and such premises or facilities include facilities for crushing grapes and fermentation and aging of wine, tasting rooms, barrel and storage rooms, bottling rooms, tank rooms, laboratories or offices and other accessory or ancillary facilities incidental to the production of wine, which may include–(a)a restaurant and other food services; or(b)a subsidiary retail facilities to tours or visitors.'zoned' means zoned as the case may be in terms of the applicable zoning scheme or any applicable law and “zoning” has a corresponding meaning; and'zoning scheme' means the zoning scheme or schemes applicable to the area and in force within the area of jurisdiction of the City of Cape Town. 4(2)In this By-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act has that meaning.1A. Application of the by-law
This By-law applies to all-(a)licensees, licenced to sell liquor in terms of the Act or any other applicable legislation;(b)licences renewed in terms of the Liquor Act b1989 (Act No.27 0f 1989) within the jurisdiction of the City of Cape Town2. Trading days and hours for sale and consumption of liquor on licensed premises
(1)A licensee may sell liquor for consumption on the licensed premises on the following days and hours:(a)on any day of the week; and(b)during the hours of trade as set out in the Schedule;(2)Despite subsection (1)a hotel or guest accommodation establishment licensed to sell liquor may offer a room service facility at any time of the day.(3)Despite the provisions of this By-law, a licensee as contemplated in subsection (1), may serve sparkling wine –(a)from 0800 to 1100 for seven days a week;(b)as part of a meal; and(c)to guests who are part of an organised function where admittance is controlled.3. Trading days and hours for sale of liquor off licensed premises
A licensee may sell liquor for consumption off the licensed premises on the following days and hours:(a)on any day of the week with the exception of Sundays, provided such exception does not apply to a winery; and(b)from 0900 to 1800.4. Transitional provision
(1)Subject to the provisions of the Act, trading hours applicable to a liquor license issued before the commencement of this By-law shall continue to apply until such license is renewed in terms of the Act.(2)The trading hours referred to in subsection (1) shall be valid until the license has lapsed as contemplated in section 62(2) of the Act.4A. Application for the extension of trading hours
(1)Notwithstanding the trading hours determined in section 2, a licensee of a premises contained in categories 3 and 4 of the Schedule, where liquor is sold for consumption on the premises may, upon payment of the required fee, submit an application to the Council for an extension of the hours during which they may trade.(2)Council, in considering the application referred to in subsection (1) shall take into account the following factors:(a)outcome of community consultation;(b)impact on the environment;(c)any other relevant factor.5. Offences and penalties
(1)A licensee who contravenes sections 2 and 3 of this By-law commits an offence.(2)A licensee who commits an offence referred to in subsection (1) is, on conviction, liable for a fine as the court may deem fit to impose or to a term of imprisonment not exceeding three years, or to both such fine and such imprisonment.(3)Any person who commits a continuing offence shall be guilty of an offence for each day during which that person fails to comply with this By-law.(4)A court convicting a person of an offence under this By-law may impose alternative sentencing in place of a fine or imprisonment.6. Short title
This by-law is called the City of Cape Town By-law on Liquor Trading Days and Hours, 2010 and comes into operation on 1 January 2011.Schedule
Trading hours for selling of liquor on licensed premises
Location category & licensed premises type | Maximum permitted trading hours |
---|
1. Residential area |
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Guest accommodation establishment | 11:00 – 23:00 |
Business premises |
Place of entertainment |
Sports and community club excluding special events requiring temporary licences |
Hotel | 11:00 – 02:00 following day |
Casino |
2. Local or neighbourhood business area including mixed use areas |
---|
Guest accommodation establishment | 11:00 – 23:00 |
Business premises |
Place of entertainment |
Sports and community club excluding special events requiring temporary licences | 11:00 – 24:00 |
Hotel | 11:00 – 02:00 following day |
Casino |
3. General business area |
---|
Guest accommodation establishment | 11:00 – 02:00 following day |
Business premises |
Place of entertainment |
Sports and community club excluding special events requiring temporary licences |
Hotel |
Casino |
4. Industrial area |
---|
Business premises | 11:00 – 02:00 following day |
Place of entertainment |
Sports and community club excluding special events requiring temporary licences |
5. Agricultural area |
---|
Guest accommodation establishment | 11:00 – 02:00 following day |
Business premises |
Place of entertainment |
Sports and community club excluding special events requiring temporary licences |
Winery |
Hotel |
6. Small holding or rural area |
---|
Guest accommodation establishment | 11:00 – 24:00 |
Business premises |
Place of entertainment | 11:00 – 24:00 |
Sports and community club excluding special events requiring temporary licences |
Winery |
7. Other ad-hoc locations |
---|
Vehicles or mobile undertakings used for tourist or entertainment or recreational purposes as per definition of ‘premises’ in section 1 of the Act, except where City of Cape Town Special Events By-law determines otherwise | 1100 – 2400 |
Special events or temporary licensed premises | As determined by event permit |
Note: Determination of applicable location categoryWhere the location category as set out above is unclear or in dispute or difficult to determine or areas are not zoned homogeneously (e.g. a business zoned premises in the middle of a residential area), the actual zoning, consent or departure use rights of the subject licensed premises will take precedence in order to determine the category.Casino Liquor Hours Nyc
Please note this information is subject to further conditions as per Ontario’s COVID-19 response framework.
Liquor Sales Licences and Special Occasion Permits
Permissible hours for the sale and service of alcohol for liquor sales licensed establishments and Special Occasion Permit* events are:
- Monday to Sunday 9:00 a.m to 2:00 a.m.
- New Year´s Eve (December 31st) 9:00 a.m. to 3:00 a.m.
All orders for liquor must be served before 2:00 a.m. (3:00 a.m. on New Year´s Eve). All signs of liquor must be cleared within 45 minutes after the end time on the licence; for most this is by 2:45 a.m. (3:45 a.m. on New Year´s Eve). This includes the clearing of all glasses and bottles off the tables.
*Some liquor sales licences and special occasion permits may have conditions that further limit the above noted permissible hours.
Liquor Sales Licences located at Eligible Airports
Liquor Sales Licensees located in restricted areas of certain airports in Ontario may sell and serve liquor at any time (except where hours are further limited by conditions on a licence).
These establishments must be located in what is called a “sterile area” beyond the passenger screening checkpoint of an airport. Eligible airports are those that are designated by the Canada Border Services Agency (CBSA) as an Ontario Airport of Entry (AOE) as well as Airport of Entry/15 (AOE/15).
For questions about meeting the necessary requirements by an airport to be designated as AOE or AOE/15 please contact:
Canada Border Services Agency
Email: contact@cbsa.gc.ca
Phone: 1-800-461-9999 (within Canada), or 1-204-983-3500 (outside Canada)
Manufacturer’s Limited Sales Licence (“By the Glass”)
Permissible hours for the sale and service of alcohol under a Manufacturer’s Limited Sales Licence are:
- Monday to Sunday 9:00 a.m to 12:00 a.m.
Clock Changes
Spring Time Change
In the spring the clocks move forward one hour at 2:00 a.m., moving to 3:00 a.m. on the clock. At this time the sale of liquor must stop. The liquor sales licence holder has 45 minutes after this stop service time to clear all signs of service, even though the clock has gone forward one hour.
Autumn Time Change
In the autumn the clocks move back one hour at 2:00 a.m., to show 1:00 a.m. The liquor sales licence holder may turn the clock back one hour and continue to sell until 2:00 a.m. (new autumn time) at which time the sale of liquor must stop. The liquor sales licence holder has 45 minutes after stopping service to clear all signs of service.
Retail Sale Hours
Permissible hours of sale for all retail stores that may sell liquor in Ontario are:
- Monday to Sunday 9:00 a.m. to 11:00 p.m.
*Note that some grocery stores may have general hours of operation that are outside the permissible hours of alcohol sale (e.g. a 24 hour store) noted above, however they are only permitted to sell alcohol within the permissible hours. Some authorizations may have conditions that further limit the above noted permissible hours.
Farmers’ MarketS
Permissible hours of sale for an occasional extension of an on-site winery retail store within a farmer’s market are the hours of sale of the farmer’s market.
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Retail saleS on Holidays
Retail stores that sell alcohol may be permitted to open on a holiday in accordance with the permissible hours of sale depending on the laws or by-laws applicable to the business, such as the Retail Business Holidays Act (RBHA) and municipal retail holiday by-laws.
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Please note that the RBHA does not fall under the AGCO’s authority. Questions about the RBHA may be directed to the Ministry of Government and Consumer Services. More information about the RBHA can be found on the Ontario.ca website.