Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 58, No. 5

28/2015

The British Columbia Gazette,

Part II

March 10, 2015

B.C. Reg. 28/2015 , deposited February 26, 2015, under the LIQUOR CONTROL AND LICENSING ACT [section 84]. Order in Council 76/2015, approved and ordered February 26, 2015.

On the recommendation of the undersigned, the Administrator, 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 1.

— S. ANTON, Attorney General and Minister of Justice ; N. LETNICK, Presiding Member of the Executive Council .

Schedule 1

1 The Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following sections:

Lottery for initial relocation applications

14.01

(1) Except as set out in this

section and sections 14.02 and 14.03, the general manager may not consent to an application for amendment of a licence in respect of a licensee retail store to relocate the store from the location named on the licence to another location if that application is received during the period of February 27, 2015 to 4:30 p.m. on March 27, 2015.

(2) Applications for the general manager’s consent to a relocation referred to in subsection (1) received by the general manager during the period referred to in subsection (1) must be retained by the general manager and dealt with by the general manager by way of lottery in accordance with sections 14.02 and 14.03.

(3) Applications for the general manager’s consent to a relocation referred to in subsection (1) received by the general manager after 4:30 p.m. on March 27, 2015 may be considered by the general manager, provided that the application lottery under sections 14.02 and 14.03 has been completed and the general manager has completed his or her consideration of each application under

section 14.03 (2).

Application lottery procedure

14.02

(1) In this

section and

section 14.03:

“application lottery” means the lottery to determine the order in which applications referred to in

section 14.01 (2) must be considered by the general manager;

“application lottery outcome list” means the list, prepared by the general manager under subsection (6), that indicates the order in which the draw ticket numbers are drawn;

“eligible licence” means a licence that is the subject of an application referred to in

section 14.01 (2) that the general manager has determined is eligible to be entered into the application lottery;

“master list” means the list prepared by the general manager under subsection (3) that lists licence numbers of eligible licences.

(2) After the end of the period referred to in

section 14.01 (1), the general manager must consider each application received during that period for amendment of licence in respect of a licensee retail store to relocate the store from the location named on the licence to another location and determine whether the licence is eligible, but for

section 14 (5) (b), to be entered into the application lottery.

(3) The general manager must place the licence numbers of eligible licences on the master list.

(4) Promptly after March 27, 2015, the general manager must prepare a draw list that lists the licence numbers placed on the master list and assigns, opposite each licence number on the list, a unique draw number.

(5) After assigning each licence number a unique draw number, the general manager must aggregate the unique draw numbers in a manner that, in the opinion of the general manager, allows their random selection.

(6) The order in which each unique draw number is randomly selected must be recorded by the general manager on the application lottery outcome list opposite the licence number to which the draw number is assigned on the draw list.

Consideration of applications on application lottery outcome list

14.03

(1) On completion of the application lottery outcome list under

section 14.02 (6) but no sooner than April 1, 2015, the general manager must consider the applications in the order in which the licence numbers associated with the applications appear on the application lottery outcome list, and determine, in that sequence, whether or not each application complies with

section 14 (5) (

a) or

section 14 (6) applies.

(2) If an application considered by the general manager in accordance with subsection (1)

(

a) complies with

section 14 (5) (

a) or

section 14 (6) applies, the general manager may give his or her consent to amendment of the licence to relocate the licensee retail store to the location set out in the application, or

(

b) does not comply with

section 14 (5) (

a) and

section 14 (6) does not apply, the general manager must refuse to give his or her consent to amendment of the licence to relocate the licensee retail store to the location set out in the application.

Copyright © 2015: Queen's Printer, Victoria, British Columbia, Canada