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Volume 60, No. 23

231/2017

The British Columbia Gazette,

Part II

December 19, 2017

B.C. Reg. 231/2017 , deposited December 12, 2017, under the LIQUOR CONTROL AND LICENSING ACT [sections 11, 80 and 82 to 84]. Order in Council 530/2017, approved and ordered December 12, 2017.

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. 241/2016, is amended as set out in the attached Schedule.

— D. EBY, Attorney General ; M. MARK, Presiding Member of the Executive Council .

Schedule

Section 4 (2) (

a) of the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is repealed and the following substituted:

(

a) a building or part of it during a period when the public does not have access to the building or part, as applicable, but does not include

(

i) a residence, or

(ii) a building or part of it that may be rented by the public, .

Section 15 is amended

(

a) by adding the following subsection:

(0.1) In this section, “brew pub” means an establishment under a liquor primary licence if

(

a) the establishment is adjacent to the manufacturing facilities of an establishment under a brewery licence, and

(

b) the same person holds the liquor primary licence and the brewery licence. ,

(

b) by repealing subsection (2) and substituting the following:

(2) An off-premises sales endorsement may not be endorsed on a liquor primary licence unless the establishment under the licence is

(

a) at least 30 km from every

(

i) liquor store,

(ii) licensee retail store, and

(iii) establishment under a licence endorsed with an off-premises sales endorsement, other than a brew pub, or

(

b) a brew pub. ,

(

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

(3) A liquor primary licence endorsed with an off-premises sales endorsement may not be amended to relocate the establishment under the licence unless

(

a) the endorsement is rescinded, or

(

b) the proposed new location is at least 30 km from every

(

i) liquor store,

(ii) licensee retail store, and

(iii) establishment under a licence endorsed with an off-premises sales endorsement, other than a brew pub.

(3.1) For the purposes of subsections (2) and (3), the distance between two buildings is to be measured as follows:

(

a) if the buildings are connected by road or ferry, as the shortest travelling distance between the buildings by one or a combination of those means;

(

b) in any other case, as the length of a straight line between the buildings. , and

(

d) in subsection (4) (

c) by striking out “ an endorsement referred to in subsection (2) (b) ” and substituting “ an endorsement on a licence for a brew pub ”.

3 Sections 37 and 38 (2) (b) (ii) are repealed.

Section 75 is amended by renumbering the

section as

section 75 (1) and by adding the following subsection:

(2) For the purposes of

section 16 (2) of the Act, the general manager may refuse to accept an application to amend a licence in respect of a licensee retail store to relocate the store if

(

a) the applicant submitted a previous application for the same amendment in respect of the same establishment and proposed new location,

(

b) the applicant withdrew the previous application, and

(

c) less than 3 months has passed since the previous application was withdrawn.

Section 113 (1) (

a) is amended by striking out “ a unincorporated organization ” and substituting “ an unincorporated organization ”.

Section 171 (2) (

a) is repealed and the following substituted:

(

a) liquor that may be sold under the person's licence, other than an agent's licence, or, if the advertisement is in respect of a liquor store, liquor that may be sold in the liquor store; .

Section 192 (4) is amended by striking out “ may not ” and substituting “ must not ”.

8 Item 14 of

Schedule 1 is amended in the column headed “ Fee ($) ” by striking out “ for brewery or distillery, fee in item 11, or, for winery, fee in item 12 ” and substituting “ for brewery or distillery, fee in item 12, or, for winery, fee in item 13 ”.

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