1.         PURPOSE

 

            The Town of Markham is committed to providing a safe and enjoyable environment for the users of its facilities, by ensuring all alcohol-related functions use Smart Serve trained bartenders/supervisors.

 

 

2.         POLICY OBJECTIVES

 

            a)         Reduce the risk of alcohol-related liability to the Corporation of the Town          of Markham.

 

            b)         Provide appropriate procedures to ensure the proper supervision and operation of Special Occasion Permit events.

 

            c)         Educate individuals or groups operating a Special Occasion Permit in a municipal facility on the Town’s alcohol policy and Alcohol and Gaming Commission of Ontario (A.G.C.O.) legislation to ensure they are aware of their duties and responsibilities with respect to alcohol management.

 

 

3.         FACILITY CLASSIFICATIONS

 

            All Town of Markham operated facilities have been evaluated on their suitability for allowing Special Occasion Permit functions.  Each category has specific conditions that must be adhered to.  The categories are as follows:

 

            Category A

 

            Facilities deemed suitable based on their design as well as adequate amenities to satisfy Fire and Public Health Department regulations.

 

            All Category A facilities are eligible to sell alcohol under the authority of a Special Occasion Permit subject to the following conditions:

 

            a)         Each facility requires that the Commission’s formal Rental Agreement Form be completed by the Special Occasion Permit (S.O.P.) applicant or designate, as well as an S.O.P. Holder Agreement (see Appendix A).

 

            b)         The Permit Holder must ensure that all people serving at the bar have received Smart Serve training and certification.  Proof of certification must be provided to the Facility Representative, two weeks prior to event.

 

            c)         Authorized Town representatives have the right to enter any Special Occasions Permit event and take control of the event at any time.

 

            d)         Only pictured drivers licenses, Ontario Photo Cards, passports or military cards will be accepted for identification for the purchase and / or consumption of alcohol.

 

            e)         Signs must be posted in each facility indicating regulations governing behaviour of participants at Special Occasion Permit functions and the names and telephone numbers of appropriate authorities to call if problems arise.

 

 

            Category B

 

            Facilities not regularly booked for alcohol-related functions can be made suitable.  Note that Council approval is also required for outdoor facilities in this category.

 

            All Category B facilities are eligible to sell alcohol under the authority of a Special Occasion Permit subject to the following conditions:

 

            a)         Each facility requires that the Commission's formal Rental Agreement Form be completed by the Special Occasion Permit (S.O.P.) applicant or designate, as well as an S.O.P. Holder Agreement (see Appendix A).

 

            b)         Authorized Town representatives have the right to enter any Special Occasions Permit event and take control of the event at any time.

 

            c)         Only pictured drivers licenses, Ontario Photo Cards, passports or military cards will be accepted for identification for the purchase and / or consumption of alcohol.

 

            d)         Signs must be posted in each alcohol serving area indicating regulations governing behaviour of participants at Special Occasion Permit functions and names and telephone numbers of appropriate authorities to call if problems arise.

 

            NOTE:  Groups wishing to set up outdoor beverage areas in Markham parks must obtain prior approval from the Town Clerk's Office.  Tent erecting must receive prior approval from the Building Department with a building permit to be issued.

 

 

            Category C

 

            Unsuitable for Special Occasion Permits for various reasons.

            See Appendix B for Facility Category Schedule.

 

            NOTE:  Council approval is required to permanently or temporarily change a Facility's Category Listing.

 

 

4.         PERMIT HOLDER LIABILITY INSURANCE

 

            All Special Occasion Permit (SOP) holders must purchase or provide proof that they have a minimum of $2,000,000 of liability insurance for events.  The Town of Markham must be named as additional insured under the insurance policy.  The policy must include full participant coverage.  Personal liability insurance would be accepted if the following criterion is met.

 

·        A SOP holder must show proof that they have personal liability insurance of $2,000,000 as part of their own homeowner’s or a tenant’s insurance package.

·        Name the Town of Markham as an additional insured

 

            Public Alcohol Liability (PAL) Insurance is available to clients who cannot provide insurance through their residential or commercial insurance policy.

 


5.         STAFFING REQUIREMENTS

 

            When Special Occasion Permit functions are held in Town of Markham Recreation operated facilities, the following staffing criteria must be adhered to:

            Category A

 

            Special Occasion Permit Holder must insure that alcohol is served by an individual(s) who possess a Smart Serve certificate.  Proof of certification required.  The ratio is one bartender per one hundred guests.

 

            Category B

 

            Special Occasion Permit Holder must insure that alcohol is served by an individual(s) who possess a Smart Serve certificate.  Proof of certification required.  The ratio is one bartender per one hundred guests.

 

            Category C

 

            No Special Occasion Permits allowed.

 

 

6.         SAFE TRANSPORTATION

 

a)         The Permit Holder assumes the responsibility for promoting safe transportation home for all drinking participants.  The safe transportation program shall include:

 

·        arranging a Designated Driver Program

·        arranging for taxis or shuttle buses

·        identifying the program on advertisements and invitations

·        promoting RIDE awareness (signage)

·        providing non-alcoholic drinks free of charge or at a low cost to all designated drivers

 

b)         Safe transportation programs do not exempt the Permit Holder from abiding with the Alcohol Gaming and Commission of Ontario Act prohibiting serving anyone to the point of intoxication or serving an intoxicated person.

 

7.         GUIDELINES FOR SPECIAL OCCASION PERMIT HOLDERS

 

A.        All Special Occasion Permit Holders will be given a copy of the Town of Markham Alcohol Policy with their contract

 

B.         All Special Occasion Permit Holders will be required to sign "Special Occasions Permit Holder Agreement" (page 8), acknowledging their understanding of an agreement to adhere to the established Guidelines For Special Occasion Permit Holders (PR 07.03) and the Commission Alcohol Policy.

 

            As the contact person for a Special Occasion Permit, you and your group can be held liable for injuries and damages arising from failure to adhere to the Liquor License Act of Ontario.  These infractions include serving someone to intoxication, serving someone who is already intoxicated, serving minors, and failing to prevent impaired individuals from driving.  In order to reduce your group's risk of liability, the following guidelines should be adopted:

 

            a)         The event sponsor must obtain a Special Occasion Permit from the Alcohol and Gaming Commission and must show proof of this to the facility representative or designate at least ten (10) days prior to the event.

 

            b)         For functions that are open to the public, the entrance will be monitored by two people 19 years of age or over.  These people are to be provided by the Permit Holder.  It is recommended that these people be Smart Serve trained.

 

            c)         The only acceptable forms of identification will be an Ontario Photo card, a Driver's License with photo, passport or military card.

 

            d)         The Permit Holder shall be present at the event and responsible for making decisions regarding the operation of the event.  The Permit Holder and all event workers must refrain from consuming alcohol prior to and during the event.  The Permit Holder is responsible for ensuring guests at the event are properly supervised and that no one consumes alcohol in an unauthorized location or to intoxication.

 

            e)         The Permit Holder and facility staff must ensure that the physical setting is safe for all participants.

 

            f)          The Permit Holder and facility staff must prevent patrons from engaging in activities that can harm them or others.

 

            g)         All exits must be supervised by the Permit Holder.

 

            h)         All bottles and cans must be retained within the bar area.  All drinks must be served in containers provided by or approved by the Town of Markham.

 

            i)          The Permit Holder (licensee) must abide by the rules of the Municipal Alcohol Policy as enforced by the municipal representative.

 

            j)          The facility representative or manager reserves the right to require the presence of police officers for the duration of the event, the cost of which will be borne by the sponsoring group or individual.

 

            k)         All event workers must wear highly visible identification.

 

            l)          In order to reduce the risk of intoxication and the rate of consumption, the Permit Holder should encourage patrons to consume food, low-alcohol beverages, and non-alcohol beverages.  Low-alcohol and/or non-alcohol drinks must be available.

 

            m)        If tickets are purchased for alcoholic drinks, the Permit Holder is to refund money for unused tickets.

 

            n)         For Sale Type Bars:

·        Discounts must not be offered for volume purchases.

·        Ticket sales to cease 1/2 hour prior to bar closing time.

 

            o)         All liquor brought into the facility must have the Alcohol and Gaming Commission of Ontario (A.G.C.O.) stickers on them.

 

            p)         Alcohol must be served by an individual who possesses an approved Smart Serve training certificate.  The Permit Holder shall provide the Town with a copy of the trained server’s certificate at least 10 days in advance of the event.

 

            q)         There will be no last call.

 

 

8.         STAFF TRAINING GUIDELINES

 

            a)         All relevant management staff will attend a Smart Serve Management Session and become certified.

 


APPENDIX A

TOWN OF MARKHAM

SPECIAL OCCASION PERMIT HOLDER AGREEMENT

 

Name of  Team/Group:       ________________________________________________

                                                                                (please print)

 

Name of Contact Person:   ________________________________________________

                                                                                (please print)

 

Certification:

 

1.             I have received and reviewed a copy of the Alcohol Policy.

 

2.             I have read the guidelines for Special Occasions Permit Holders.

 

3.             I agree to adhere to the conditions of this Policy and the Liquor License Act of Ontario.

 

4.             I understand that if an infraction of the Policy occurs, the Town of Markham may warn or suspend my organization from using the facilities in future.

 

5.             I understand I can be held liable for injuries and damage arising from failing to adhere to the Liquor License Act of Ontario or from otherwise failing to take action that will prevent foreseeable harm from occurring.

 

6.             I understand that York Region Police and an Alcohol and Gaming Commission Inspector can lay charges for infractions of the Liquor License Act of Ontario or other relevant legislation.

 

7.             I agree to satisfy the liability insurance requirements, if applicable, as set out in this policy.

 

Signature:            ________________________________                                                                                                

                                                Contact Person                                                                    Phone Number

                                                                                                             

                                                Day/Month/Year

 

OFFICE USE ONLY

 

Agreement Received By:           _______________________________________________________

                                                            Signature Town of Markham Representative

Date:                                        ____________________

                                                            Day/Month/Year


APPENDIX B

CATEGORY LIST OF TOWN OF MARKHAM FACILITIES

 

Category A (Facilities deemed suitable based on their design as well as adequate amenities)

 

Civic Centre                                                                                                     Building and Grounds

Markham Village Community Centre                                                            Community Hall & Boardroom

Markham Centennial Centre                                                                           Penalty Box Lounge & C.M.R.

Crosby Memorial Community Centre                                                           Lamplight Room

Milliken  Mills Community Centre                                                                 Community Halls, Meeting

                                                                                                                            Rooms A & B

Thornhill Community Centre                                                                          Community Halls,

                                                                                                                            Fireside Lounge, Boardrooms,

                                                                                                                            Kiosk area, Upper Arena Lounge

                                                                                                                            Seniors Centre

Old Unionville Library                                                                                     Community Hall

Warden House                                                                                                 Community Hall

Markham Seniors Centre

Kathleen Gormley McKay Arts Centre                                                        House

German Mills Community Centre*

Cedar Grove Community Centre*

Box Grove Community Centre*

Victoria Square Community Centre*

Heintzman House*

Markham Train Station*

Unionville Train Station

Frederick Horsman Varley Art Gallery of Markham                                    Florence and Donald Deacon Room

                                                                                                                            Courtyard

                                                                                                                            Lobby

                                                                                                                            Exhibition Area

Armadale Community Centre                                                                         Meeting Room, Multi-purpose Room,

                                                                                                                            Denison Room

Angus Glen Community Centre                                                                   Gymnasium

                                                                                                                            Activity Room 1

                                                                                                                            Activity Room II

                                                                                                                            Activity Room III

                                                                                                                            Meeting Room A

                                                                                                                            Meeting Room B

                                                                                                                            Seniors Centre

Rouge River Community Centre                                                                  Auditorium

                                                                                                                            Poolside Lounge

Pingle House

Markham Museum                                                                                         Reception Centre

                                                                                                                            Ward Building

                                                                                                                            Church Basement

                                                                                                                            Mt. Joy School

 

Category B (Facilities not regularly booked for alcohol-related functions can be made suitable)

 

Markham Village Community Centre                                                            Arena Pad

Markham Centennial Centre                                                                           Arena Pad

Crosby Memorial Community Centre                                                           Arena Pad

Milliken Mills Community Centre                                                                  Arena Pad

Thornhill Community Centre                                                                          Arena Pads

Clatworthy Arena                                                                                            Arena Pad

Mount Joy Community Centre                                                                      Arena Pad, Indoor Soccer Field

Angus Glen Community Centre                                                                   Arena Pads

Milliken Mills Community Park                                                                      Gazebo Area

Bishops Cross Park                                                                                        

Centennial Park                                                                                               

Crosby Park                                                                                                     

Victoria Square Park                                                                                       

Markham Museum                                                                                           Grounds

Kathleen Gormley McKay Arts Centre                                                      Grounds

 

Category C (Unsuitable for Special Occasion Permits)

 

All other Town-operated facilities, i.e. Toogood Pond, Markham Rugby Club House, Crosby Park & Concession Stand, and Gazebos in parks will require approval from Council for Special Occasion Permits.

 

*              Facility operated independent of Recreation and Culture Services Department, by a Board of             Management.


APPENDIX  C

 

TOWN OF MARKHAM

SPORTS ACTIVITY AGREEMENT

 

Name of Team/Group:            _________________________________________________

                                                                        (please print)

Name of Contact Person:       _________________________________________________

                                                                        (please print)

 

Certification:

 

1.         I understand that alcohol cannot be consumed in Town of Markham facilities unless done so by authorization of a Special Occasion Permit being issued.

 

2.         I understand that if any member of my team or organization is consuming alcohol in these facilities or areas, a letter of warning will be issued advising of the policy violation and indicating that no further violations will be tolerated.  Independent action can be taken by the York Regional Police Force, at its discretion.

 

3.         I understand that if any member of my team violates the policy within one year of receiving a warning, our group will be suspended from using any Town of Markham facility or area for a period of one year.

 

4.         Prior to the use of municipal facilities, I will provide Town of Markham staff with the names and addresses of the team captains so that a brochure outlining the policy can be sent to them.

 

 

Signature:      _________________________________________________

Team/Group Representative

 

OFFICE USE ONLY

 

Agreement Received By:           _______________________________________________________

                                                            Signature of Recreation Services Department Representative

Date:                                        ____________________

                                                            Day/Month/Year