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Volume 52, No. 24

B.C. Reg. 289/2009

The British Columbia Gazette,

Part II

December 15, 2009

B.C. Reg. 289/2009 , deposited December 2, 2009, pursuant to the LIQUOR CONTROL AND LICENSING ACT [Section 84]. Order in Council 662/2009, approved and ordered December 2, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Housing and Social Development ; G. ABBOTT, Presiding Member of the Executive Council .

Schedule

Section 14 of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended

(

a) in subsection (1) by striking out " Subject to subsection (2), " and substituting " Subject to this section, ",

(

b) by repealing subsection (3) and substituting the following:

(3) A licence in respect of a licensee retail store must not be issued, renewed or transferred unless

(

a) the licensee retail store is located in

(

i) a permanent, free-standing building that does not contain another business, or

(ii) a building in which there are other businesses, but the licensee retail store has its own entrance and exit separate from any other business and a solid floor-to-ceiling wall between the licensee retail store and any other business, and

(

b) in the opinion of the general manager, the licensee retail store does not appear to be associated with another business in the near vicinity. , and

(

c) by adding the following subsection:

(3.1) Despite subsection (3), a licence in respect of a licensed establishment that does not comply with that subsection may be renewed or transferred

(

a) if the location of the licensed establishment was approved by the general manager on a previous occasion in accordance with the law that was in force at the time of the approval, or

(

b) if the establishment is associated with another business and the association was permitted by the law that was in force at the time the general manager approved the licence.

(

d) by repealing subsection (4),

(

e) by repealing subsection (5) and substituting the following:

(5) Subject to subsection (6), an application to transfer a licence in respect of a licensee retail store to a new establishment must not be approved unless

(

a) the proposed new establishment is at least 0.5 km from

(

i) the site of any existing licensee retail store, and

(ii) the site of any establishment to which an application referred to in subsection (2) relates, and

(

b) the proposed new establishment is

(

i) located within the jurisdiction of the same local government or first nation as the site of the existing licensee retail store, or

(ii) within 5 km of the site of the existing licensee retail store.

(6) The general manager may approve an application that does not comply with subsection (5) (a).

Section 64 (1) is amended by striking out " must provide written notice " and substituting " must, unless otherwise authorized by the general manager, provide written notice ".

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