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Volume 56, No. 23

231/2013

The British Columbia Gazette,

Part II

December 3, 2013

B.C. Reg. 231/2013 , deposited November 22, 2013, pursuant to the MISCELLANEOUS STATUTES AMENDMENT ACT, 2013 [section 43] and the LIQUOR CONTROL AND LICENSING ACT [section 84]. Order in Council 507/2013, approved and ordered November 22, 2013.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

(

a) sections 11 to 16 of the Miscellaneous Statutes Amendment Act, 2013 , S.B.C. 2013, c. 12, are brought into force, and

(

b) the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached Schedule.

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

Schedule

Section 1 (1) of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following definition:

“charitable auction” means an auction that is authorized under

section 7.2 or 7.3 of the Act; .

Section 42 (4) is repealed and the following substituted:

(4) All liquor sold or served in a licensed establishment, other than liquor sold by charitable auction, must be consumed in the licensed establishment, and the licensee must not allow liquor, other than the following, to be taken from the licensed establishment:

(

a) a bottle of wine that is unfinished by a patron and sealed by the licensee before being taken by that patron from the licensed establishment;

(

c) liquor that is brought for sale, or sold, by charitable auction.

Section 45 (4) is repealed and the following substituted:

(4) A licensee must not allow a minor to have liquor in his or her possession in the licensed establishment unless

(

a) a charitable auction is being held in that establishment and the minor is assisting at the auction in a manner specified in

section 54.07, or

(

b) the licence issued for that establishment is a food primary licence or a liquor primary licence for a stadium and the minor is working as a server in the establishment.

4 The following

Part is added:

Part 3.1 – Charitable Auctions

Division 1 –

Interpretation

Definition of “charitable fundraiser”

54.01 For the purposes of the definition of “charitable fundraiser” in the Act, the following classes of non-profit organizations are prescribed:

(

a) an organization that

(

i) is incorporated under the Society Act , the Canada Not-for-profit Corporations Act or

Part II of the Canada Corporations Act , and

(ii) has no director who is remunerated, other than in reimbursement of actual expenses that are directly related to his or her duties as a director;

(

b) an unincorporated organization that

(

i) has a name, organizational structure and membership that meets regularly or occasionally,

(ii) is established in the community as an organization that provides programs of community benefit, and

(iii) has no member who is remunerated, other than in reimbursement of actual expenses that are directly related to his or her duties as a member.

Definition of “charitable representative”

54.02 For the purposes of the definition of “charitable representative” in the Act, a person is a charitable representative of an unincorporated charitable fundraiser if the person

(

a) is a member of the unincorporated charitable fundraiser, and

(

b) is acting on behalf of the members of the unincorporated charitable fundraiser.

Division 2 – Auction Requirements

Maximum quantity without permit

54.03 The prescribed quantity of liquor for the purposes of

section 7.3 (1) (

c) of the Act is

(a) 6 litres of spirits,

(b) 18 litres of wine, and

(c) 51.2 litres of one or more of the following:

(

i) beer;

(ii) cider;

(iii) coolers.

Maximum duration

54.04 A charitable auction must not extend over more than 30 days.

Liquor must have been produced commercially

54.05

(1) Liquor that is offered for sale by charitable auction must have been produced or manufactured commercially.

(2) For the purposes of this section, liquor produced or manufactured in a U-Brew or U-Vin is not produced or manufactured commercially.

Consumption and removal of auction liquor

54.06

(1) In this section, “auction liquor” , in relation to a charitable auction, means liquor that is brought to the site of the auction for sale by auction, whether or not the liquor is offered for sale or sold.

(2) A person must not consume auction liquor at the site of a charitable auction.

(3) A person who holds a charitable auction must not allow consumption of auction liquor at the site of the auction.

(4) A person who holds a charitable auction must ensure that all auction liquor is removed from the site of the auction by the end of the auction.

Minors

54.07 A person who holds a charitable auction must not allow a minor to attend the auction unless the minor

(

a) does not possess liquor, or participate in the auction, other than to assist in the auction by carrying liquor

(

i) to a winning bidder, or

(ii) for a winning bidder from the site of the auction to the winning bidder’s means of transportation, and

(

b) is otherwise lawfully allowed to enter on or to be on the premises where the auction is being held.

Notification of charitable purpose

54.08 A person holding a charitable auction must, before bidding commences, bring the charitable purpose of the auction to the attention of the auction participants.

Receipts

54.09 A person who holds an auction under a permit issued under

section 7.2 of the Act must

(

a) issue to each winning bidder a receipt that indicates

(

i) the item of liquor purchased,

(ii) the name of the winning bidder,

(iii) the amount of the winning bid, and

(iv) the amount of sales tax collected on the sale, and

(

b) collect receipts that evidence

(

i) the price, if any, paid by the person for each item of liquor offered for sale at the auction, and

(ii) if applicable, the expenses, other than expenses referred to in subparagraph (i), incurred by the person to conduct the auction.

Records

54.10

(1) A person who holds an auction under a permit issued under

section 7.2 of the Act must prepare and maintain records respecting the following:

(

a) the items of liquor offered for sale by auction, indicating for each item

(

i) the source of that item,

(ii) the date the person acquired that item,

(iii) the price, if any, paid by the person for that item, and

(iv) whether or not the item was sold by auction and, if sold,

(

A) the name of the winning bidder,

(

B) the amount of the winning bid, and

(

C) the amount of sales tax collected on the sale;

(

b) the expenses, other than expenses referred to in paragraph (a) (iii), incurred by the person to conduct the auction;

(

c) the charitable purposes for which the funds raised by the auction have been used and the amount used for each charitable purpose.

(2) The person must prepare and maintain

(

a) an account of the funds raised by the auction, indicating

(

i) each expense referred to in subsection (1) (a) (iii) and (

b) and the total of those expenses, and

(ii) the amount received or receivable by the person for each item of liquor sold by auction and the total of those amounts, and

(

b) copies of the receipts referred to in

section 54.09.

(3) The person must retain the records required by this

section for a period of at least 24 months after the date on which the auction ends.

Reporting

54.11 A person who holds an auction under a permit issued under

section 7.2 of the Act must, within 60 days after the date on which the auction ends, submit to the general manager a report on the auction in the form and manner specified by the general manager.

Funds raised to be used within 12 months

54.12 The prescribed period of time for the purposes of

section 7.2 (8) (d) (ii) of the Act is 12 months after the date on which the auction ends.

Frequent auctions prohibited

54.13

(1) The general manager may not issue a permit under

section 7.2 (1) of the Act that authorizes a person to sell liquor by auction on a date that is 30 days or less after the latest date on which

(

a) the person, or

(

b) if the person is a charitable representative of a charitable fundraiser, another charitable representative of the charitable fundraiser

last sold liquor by auction.

(2) The prescribed period of time for the purposes of

section 7.3 (2) of the Act is 30 days.

Section 56 is amended by adding the following paragraph:

(

d) a person who is authorized to sell liquor by auction under

section 7.2 or 7.3 of the Act, in relation to an auction.

Section 57 is amended

(

a) in subsection (1) by repealing the definition of “advertisement” and substituting the following:

“advertisement” means an agency store advertisement, a licensed establishment advertisement, a manufacturer’s advertisement or a charitable auction advertisement;

“charitable auction advertisement” means an advertisement respecting liquor or the availability of liquor placed by or on behalf of a person who is authorized to sell liquor by auction under

section 7.2 or 7.3 of the Act; ,

(

b) in subsection (2) by striking out “ and ” at the end of paragraph (b), by adding “ , and ” at the end of paragraph (

c) and by adding the following paragraph:

(

d) a charitable auction advertisement may be placed by or on behalf of a person who is authorized to sell liquor by auction under

section 7.2 or 7.3 of the Act. , and

(

c) by adding the following subsection:

(3.2) Except to the extent that a person who is authorized under this

section to place a charitable auction advertisement is restricted from doing so, if applicable, by a term or condition of the permit that authorizes the auction, the person may include in that advertisement

(

a) information respecting

(

i) the auction, including the types, amounts, manufacturers and brand names of liquor that will be offered for sale by auction,

(ii) the charitable fundraiser by whom, or by whose charitable representative, the auction will be held and the charitable purpose of the auction, and

(iii) the event, if any, at which the charitable auction will be held, and

(

b) a reference to liquor that is part of the name of the charitable fundraiser or event referred to in paragraph (a).

Schedule 1 is amended under the heading “ Miscellaneous ” by adding the following item as indicated:

Item

Fee ($)

Auction permit

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