241/2016

O.C. 724/2016

October 20, 2016

January 23, 2017

Liquor Control and Licensing Act

Liquor Control and Licensing Regulation

[Last amended May 29, 2026 by B.C. Reg. 92/2026]

241_2016_pit

Interpretation and Application

Definitions for regulation

In this regulation:

Act means the Liquor Control and Licensing Act ;

adult means a person 19 years of age or older;

adult entertainment means entertainment intended for adults that is not appropriate for minors;

agent means an agent of a manufacturer who manufactures liquor outside British Columbia;

BC wine means the following types of wine:

wine, other than cider or sake, in respect of which the naturally occurring sugar used in the fermentation process comes from only

products from plants grown in British Columbia,

honey produced from beehives located in British Columbia, or

iii

milk from animals located in British Columbia;

cider in respect of which the naturally occurring sugar used in the fermentation process comes from only products from plants grown in British Columbia;

sake in respect of which the rice used in its production is grown only in British Columbia;

catered event means an event, other than a residential event, catered by a caterer at which the caterer sells or serves liquor;

charitable purpose means the relief of poverty and other purposes beneficial to the community and includes the advancement of the following:

education;

religion;

recreation;

sports or athletics;

aid to persons with disabilities;

culture;

youth or senior citizens;

commercially manufactured , with respect to liquor, does not include liquor that was manufactured under a U-Brew and U-Vin licence;

drinks containing liquor includes liquor provided in a bottle, can or other container;

duty free store means a duty free store established under

section 21 (1) of the Liquor Distribution Act ;

food or beverage festival means an event the primary focus of which is on tasting or showcasing food or liquor;

former regulation means the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002;

grocery store means a store that

is primarily engaged in retailing the following types of food and non-alcoholic beverages:

canned, dry and frozen food;

fresh fruits and vegetables;

iii

fresh and prepared meats, fish and poultry;

dairy products;

baked products;

snack foods;

vii

juices, carbonated beverages and flavoured beverages, and

has an area of at least 929 square metres;

hotel means a hotel, motel or other building in which private guest rooms are maintained for the accommodation of the public;

LDB general manager means the general manager of the Liquor Distribution Branch appointed under the Liquor Distribution Act ;

licensed agent means an agent who holds an agent's licence;

licensed manufacturer means a manufacturer who holds a manufacturer licence;

licensee retail store means the establishment under a licensee retail store licence;

manufacturer means a person who manufactures liquor;

manufacturer licence means

a brewery licence,

a distillery licence, or

a winery licence;

market means a market that

is composed of vendors, excluding licensed manufacturers who hold market authorizations, a majority of whom sell, at the market, only goods that are

agricultural goods they produce, grow or raise themselves,

processed, prepared or ready-to-eat foods they produce themselves, or

iii

artisanal goods of their own making,

is managed or carried on

by a society as defined in

section 1 of the Societies Act , a company as defined in

section 1 (1) of the Business Corporations Act , or a corporation as defined in

section 2 (1) of the

Canada Business Corporations Act or

section 2 (1) of the Canada Not-for-profit Corporations Act ,

by a municipality or regional district in the municipality or regional district in which the market is located, or

iii

in respect of the market at Granville Island in Vancouver Harbour, by the Canada Mortgage and Housing Corporation,

includes at least 6 vendors who do not sell or serve liquor, and

operates

on a weekly basis, for up to 3 days per week, or

on an annual basis, for up to 35 consecutive days per year;

non-profit corporation means a corporation that

is a society as defined in

section 1 of the Societies Act , a corporation as defined in

section 2 (1) of the Canada Not-for-profit Corporations Act or a corporation to which

Part II of the Canada Corporations Act applies, and

has no director who is remunerated, other than the reimbursement of actual expenses that are directly related to the director's duties as a director;

non-profit organization means an unincorporated organization that

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

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

has no member who is remunerated, other than the reimbursement of actual expenses that are directly related to the member's duties as a member;

occupant load means the occupant load determined in accordance with

section 145;

person capacity means the maximum number of people permitted in a service area at one time determined in accordance with

section 72;

representative of a non-profit organization means a person who

is a member of the non-profit organization, and

is acting on behalf of the members of the non-profit organization;

rural licensee retail store means the establishment under a rural licensee retail store licence;

SES program means "Special Event Server Program", referred to in

section 184 (1) (b);

SIR program means "Serving it Right: The Responsible Beverage Service Program", referred to in

section 184 (1) (a);

special wine store means the establishment under a special wine store licence;

vessel means a vessel as defined in the Canada Shipping Act, 2001 ;

wine store means the establishment under a wine store licence;

wine store licence does not include a special wine store licence.

[am. B.C. Regs. 291/2016, Sch. 1, s. 1; 18/2021, s. 1; 64/2021, s. 3; 66/2025.]

Definitions for Act and regulation

In the Act and this regulation:

beer means beer that contains more than 1% alcohol by volume;

manufacture , in relation to liquor, includes

the brewing, distilling or fermenting of liquor,

the blending of liquor,

the flavouring of liquor, and

the packaging or other enclosing of liquor in containers in or from which the liquor is intended to be distributed to consumers;

person includes the following:

a chartered branch or unit of a corporation referred to in

section 11 (1) (b);

an entity referred to in

section 11 (1) (c);

residential event means an event catered by a caterer

that occurs at a residence, and

at which the only persons attending, other than the caterer and the caterer's staff, are the host of the event and the persons personally invited by the host or named in an invitation issued by the host;

serve , in respect of liquor, means to serve liquor without charge;

spirits means spirits that contain more than 1% alcohol by volume, and includes coolers made with spirits and liqueurs that contain more than 1% alcohol by volume;

wine means wine that contains more than 1% alcohol by volume, and includes fortified wine, coolers made with wine, cider and sake that contain more than 1% alcohol by volume.

[am. B.C. Reg. 291/2016, Sch. 1, s. 2.]

Definitions for Act

In the Act:

compliance history has the same meaning as in

section 149 of this regulation;

issued under this Act includes converted under Division 9 of

Part 7 or

Part 8 of this regulation.

section 86 of the Act, issued under the former Act and issued at different times under the former Act include converted under the former Act.

[en. B.C. Reg. 291/2016, Sch. 1, s. 3; am. B.C. Reg. 18/2021, s. 2.]

Private place

In this section, highway means a highway as defined in the Motor Vehicle Act .

For the purposes of the Act, private place means

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

a residence, or

a building or part of it that may be rented by the public,

the following when used as a permanent or temporary private dwelling in an area where camping is allowed, together with any adjacent land that is used for the convenience, occupation and enjoyment of the occupants:

a motor home or other motor vehicle that is not on a highway;

a camper or a trailer that is not on a highway;

iii

a tent, or

a vessel to which the public does not have access that is equipped with permanent sleeping accommodations, cooking facilities and a toilet.

[am. B.C. Regs. 137/2017, s. 1; 172/2017, s. 1; 231/2017, s. 1.]

Aboriginal governing bodies

The following are prescribed aboriginal governing bodies for the purposes of paragraph (

b) of the definition of "first nation" in

section 1 of the Act:

the governing council of the Westbank First Nation;

the shíshálh Nation Government District Council.

[am. B.C. Reg. 123/2024, Sch., s. 6.]

Prescribed class of licence — application of Act

The class of licence prescribed for the purposes of

section 2 (a) (ii) of the Act is the U-Brew and U-Vin licence.

Licences and Endorsements

Classes and Subclasses of Licences and Endorsements

Licences

The following classes and subclasses of licences are established:

liquor primary licence;

liquor primary club licence, being a subclass of liquor primary licence;

food primary licence;

catering licence;

brewery licence;

winery licence;

distillery licence;

agent's licence;

U-Brew and U-Vin licence;

licensee retail store licence;

wine store licence;

special wine store licence;

rural licensee retail store licence.

[am. B.C. Reg. 18/2021, s. 3.]

Endorsements

The classes of endorsements set out in column 1 of the following table are established and the classes of licences on which they may be endorsed are set out opposite in column 2:

Table

Item

Column 1 Class of Endorsement

Column 2 Class of Licence

temporary use area

liquor primary or food primary

off-premises sales

liquor primary

catering

liquor primary, other than liquor primary club, or food primary

lounge

manufacturer

special event area

manufacturer

manufacturer on-site store

manufacturer

picnic area

manufacturer

temporary off-site sale

licensee retail store, wine store or special wine store

Liquor Primary Licences

Authorized activities

A liquor primary licence authorizes

a licensee to sell to patrons drinks containing liquor in the service area under the licence, and

a patron to consume the drinks containing liquor in the service area.

Authority to sell liquor — delivery and take-out

9.1

In addition to the activities authorized by

section 9, but subject to subsection (2) of this section, a liquor primary licence authorizes

a licensee to deliver and sell liquor in unopened containers to patrons outside the establishment under the licence,

a licensee to sell liquor in unopened containers to patrons and, in the service area under the licence, to transfer possession of the liquor to those patrons for the purpose of removing the liquor from the establishment,

b.1

Repealed. [B.C. Reg. 241/2016, s. 9.1 (3).]

b.2

a licensee to enclose in a container a drink containing liquor and

deliver and sell the drink in the container in accordance with paragraph (a), or

sell and transfer possession of the drink in the container in accordance with paragraph (b), and

a patron who has, in accordance with paragraph (b), taken possession of the liquor in the service area to remove it from the establishment.

A sale of liquor referred to in subsection (1) must occur in conjunction with the sale of a meal for consumption outside the establishment.

Repealed. [B.C. Reg. 241/2016, s. 9.1 (3).]

[en. B.C. Reg. 76/2021, s. 1; am. B.C. Regs. 105/2021, App. 1, ss. 1 and 3; 241/2016, s. 9.1 (3); 180/2021, App. 1, s. 1; 271/2021.]

Rules and requirements

The following rules and requirements apply to liquor primary licences:

the establishment under the licence must not be

a facility directed at or frequented predominantly by minors, or

a motor vehicle;

subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 4 a.m. the next day;

unless exempted by the general manager, food and non-alcoholic beverages must be available at reasonable prices or without charge to the patrons.

If a liquor primary licence is endorsed with a catering endorsement, the rules and requirements set out in subsection (1) do not apply in relation to a catered event authorized by a catering authorization held by the licensee.

Liquor primary club licences

Only the following are eligible to hold a liquor primary club licence:

a corporation that

has at least 50 members who pay an annual membership fee,

does not have share capital, and

iii

does not operate for the financial gain of its members;

a chartered branch or unit of a corporation that meets the requirements of paragraph (a) (ii) and (iii) if the branch or unit has at least 50 members who pay an annual membership fee;

an entity not described in paragraph (

a) or (

b) that

held, on January 22, 2017, a liquor primary club licence under the Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267, and

has at least 50 members who pay an annual membership fee.

Subject to the approval of the general manager, in addition to the activities authorized by

section 9, a liquor primary club licence authorizes

the licensee to sell to a member liquor in unopened containers in the service area for the purpose of it being removed from the service area, and

a member who has purchased the liquor to remove the liquor, whether it is in an opened or unopened container, from the service area and to possess the liquor while taking it to another service area in the establishment.

The approval of the general manager referred to in subsection (2) may be subject to conditions imposed by the general manager.

In addition to the rules and requirements set out in

section 10, the following rules and requirements apply to liquor primary club licences:

the sale of liquor under the licence is restricted to members and their registered guests;

only members and registered guests can enter and remain in the service area when liquor is being sold or served;

the licensee must keep a guest register that contains the following information:

the name of each guest;

the name of the member accompanying each guest;

iii

the date the guest is in attendance;

if the general manager has approved members to remove liquor from one service area to another, members must take a direct route when doing so.

[am. B.C. Reg. 291/2016, Sch. 1, s. 4.]

Catering endorsement

A liquor primary licence endorsed with a catering endorsement authorizes a licensee

to sell and serve liquor at a residential event under

section 25 (2) of the Act, and

to apply for a catering authorization.

Primary purpose of business for catering endorsement

The general manager must not endorse a liquor primary licence with a catering endorsement unless the general manager is satisfied that

the primary purpose of the business of the licensee, in relation to an event catered by the licensee, will be the preparation and service of food, and

the licensee has the equipment in its establishment and personnel necessary to prepare and serve food at an event catered by the licensee.

In making a determination for the purposes of subsection (1), the general manager may consider the factors set out in

section 27.

Temporary use area endorsement

A liquor primary licence endorsed with a temporary use area endorsement authorizes the licensee to apply for a temporary use area authorization.

It is a requirement of a liquor primary licence endorsed with a temporary use area endorsement that the establishment be located on a golf course or ski hill.

Off-premises sales endorsement

0.1

In this section, brew pub means an establishment under a liquor primary licence if

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

the same person holds the liquor primary licence and the brewery licence.

A liquor primary licence endorsed with an off-premises sales endorsement authorizes

the licensee to sell to patrons liquor in unopened containers from the service area under the licence for the purpose of removing the liquor from the establishment, and

a patron who has purchased the liquor to remove it from the establishment.

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

at least 30 km from every

liquor store,

licensee retail store, and

iii

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

a brew pub.

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

the endorsement is rescinded, or

the proposed new location is at least 30 km from every

liquor store,

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:

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;

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

The following rules and requirements apply to an off-premises sales endorsement:

off-premises sales are allowed during the hours of liquor service under the licence, except that no off-premises sales may be made after 11 p.m.;

no liquor, other than beer, wine and coolers made with spirits, may be sold for off-premises consumption;

despite paragraph (

b) of this subsection, in the case of an endorsement on a licence for a brew pub, only beer manufactured under the brewery licence may be sold for off-premises consumption;

off-premises sales must be made from the main bar in the service area.

Despite subsection (4) (d), a licensee may offer off-premises sales from an area of the establishment other than the main bar if the area was approved for off-premises sales by the general manager before June 5, 2000.

[am. B.C. Reg. 231/2017, s. 2.]

Food Primary Licences

Authorized activities

A food primary licence authorizes

a licensee to sell drinks containing liquor to patrons in the service area under the licence when the primary purpose of the business carried on in the service area is the service of food, and

a patron to consume drinks containing liquor in the service area.

Authority to sell liquor — delivery and take-out

16.1

In addition to the activities authorized by

section 16, but subject to subsections (2) and (3) of this section, a food primary licence authorizes

a licensee to deliver and sell liquor in unopened containers to patrons outside the establishment under the licence,

a licensee to sell liquor in unopened containers to patrons and, in the service area under the licence, to transfer possession of the liquor to those patrons for the purpose of removing the liquor from the establishment,

b.1

Repealed. [B.C. Reg. 241/2016, s. 16.1 (4).]

b.2

a licensee to enclose in a container a drink containing liquor and

deliver and sell the drink in the container in accordance with paragraph (a), or

sell and transfer possession of the drink in the container in accordance with paragraph (b), and

a patron who has, in accordance with paragraph (b), taken possession of the liquor in the service area to remove it from the establishment.

A sale of liquor referred to in subsection (1) must occur in conjunction with the sale of a meal for consumption outside the establishment.

The activities set out in subsection (1) (

a) to (b.2) are authorized when the primary purpose of the business carried on in the service area under the licence is the service of food.

Repealed. [B.C. Reg. 241/2016, s. 16.1 (4).]

[en. B.C. Reg. 76/2021, s. 2; am. B.C. Regs. 105/2021, App. 1, ss. 2 and 3; 241/2016, s. 16.1 (4); 180/2021, App. 1, s. 2; 271/2021.]

Issue, renewal, transfer or amendment of licence

The general manager must not issue, renew, transfer or amend a food primary licence unless the general manager is satisfied that the primary purpose of the business that will be carried on in the service area when liquor is being sold or served is the service of food.

Rules and requirements

The following rules and requirements apply to a food primary licence:

the primary purpose of the business carried on in the service area when liquor is being sold or served must be the service of food;

when liquor is being sold or served, there must be a varied selection of food items, including appetizers and main courses or their equivalent, available for purchase and the food items must be prepared in a kitchen in the establishment;

subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 4 a.m. the next day.

If a food primary licence is endorsed with a catering endorsement, the rules and requirements set out in subsection (1) do not apply in relation to a catered event authorized by a catering authorization held by the licensee.

Service of food

The general manager may, for the purposes of this Division, consider any or all of the following in determining whether the primary purpose of the business is or will be the service of food:

kitchen equipment;

furnishings and lighting;

menu;

type and hours of entertainment and games that are available or to be offered;

advertising;

hours of operation;

financial records;

the ratio of receipts from food sales to receipts from liquor sales in the establishment;

any other relevant consideration that may assist in the determination.

Catering endorsement

A food primary licence endorsed with a catering endorsement authorizes a licensee

to sell and serve liquor at a residential event under

section 25 (2) of the Act, and

to apply for a catering authorization.

Primary purpose of business for catering endorsement

The general manager must not endorse a food primary licence with a catering endorsement unless the general manager is satisfied that

the primary purpose of the business of the licensee, in relation to an event catered by the licensee, will be the preparation and service of food, and

the licensee has the equipment in its establishment and personnel necessary to prepare and serve food at an event catered by the licensee.

In making a determination for the purposes of subsection (1), the general manager may consider the factors set out in

section 27.

Temporary use area endorsement

A food primary licence endorsed with a temporary use area endorsement authorizes the licensee to apply for a temporary use area authorization.

It is a requirement of a food primary licence endorsed with a temporary use area endorsement that the establishment be located on a golf course or ski hill.

Catering Licences and Rules and Requirements for Caterers

Authorized activities

A catering licence authorizes a licensee

to sell and serve liquor at a residential event under

section 25 (2) of the Act, and

to apply for a catering authorization.

Establishment

Under a catering licence, the premises where a licensee prepares food used in the catering business is the establishment.

Primary purpose of business

The general manager must not issue, renew, transfer or amend a catering licence unless the general manager is satisfied that

the primary purpose of the business of the licensee will be the preparation and service of food, and

the licensee has the equipment in its establishment and personnel necessary to prepare and serve food at events catered by the licensee.

Rules and requirements for caterers

The following rules and requirements apply to a catering licence, a liquor primary licence endorsed with a catering endorsement and a food primary licence endorsed with a catering endorsement:

the primary purpose of the business of the licensee, in relation to an event catered by the licensee, is the preparation and service of food;

the licensee has the equipment at its establishment and personnel necessary to prepare and serve food at events catered by the licensee;

the licensee must not host, promote, or invite people to an event catered by the licensee unless

the event is to express appreciation for the licensee's employees or customers,

the liquor is provided without charge, and

iii

the only persons who attend the event, other than the licensee and the licensee's employees, are the persons personally invited by the licensee or named in an invitation issued by the licensee;

unless authorized by the general manager, the licensee must not offer liquor for sale at a series of events hosted by the same person if, as a result of doing so, the licensee is or appears to be operating an ongoing business with that person;

revenue from liquor sales at an event catered by the licensee must be retained by the licensee;

the licensee or one or more employees of the licensee must be in attendance at each event catered by the licensee at all times that liquor is being sold or served at the event;

the licensee must ensure that no one other than the licensee or the licensee's employees sells liquor at an event catered by the licensee;

the licensee must not sell liquor at a residential event except to the host;

at the end of a residential event, the licensee must ensure that all unused liquor purchased under the licence is returned to the establishment, unless the liquor is a bottle of wine that is sealed in accordance with

section 141 (4) (a).

[am. B.C. Reg. 291/2016, Sch. 1, s. 5.]

Determinations relating to primary purpose of business

In determining whether the primary purpose of the business of a person is the preparation and service of food and whether a person has the equipment and personnel necessary to prepare and serve food at an event catered by the person, the general manager may consider the following:

the kitchen equipment located at the existing or proposed establishment;

the food selection offered;

advertising;

financial records;

staffing;

the ratio of receipts from food sales to receipts from liquor sales at events catered by the person;

any other relevant consideration that may assist in the determination.

Manufacturer Licences and Endorsements

Authorized activities

A brewery licence authorizes a licensee to

manufacture beer in the establishment,

solicit, receive and take orders for the sale of the beer, and

sell and serve to patrons in the service area samples of

beer manufactured under the licence, and

beer used for sampling purposes under

section 70 that the licensee has removed from a licensee retail store.

A distillery licence authorizes a licensee to

manufacture spirits in the establishment,

solicit, receive and take orders for the sale of the spirits, and

sell and serve to patrons in the service area samples of

spirits manufactured under the licence, and

spirits used for sampling purposes under

section 70 that the licensee has removed from a licensee retail store.

A winery licence authorizes a licensee to

manufacture wine in the establishment,

solicit, receive and take orders for the sale of the wine, and

sell and serve to patrons in the service area samples of

wine manufactured under the licence, and

wine used for sampling purposes under

section 70 that the licensee has removed from a licensee retail store, wine store or special wine store.

A manufacturer licence authorizes a patron who has received a sample of the liquor manufactured by the licensee in a service area under the licence to consume the sample in the service area.

Repealed

Repealed. [B.C. Reg. 226/2025.]

Rules and requirements

The following rules and requirements apply to a manufacturer licence:

the establishment must not be used for any activity that is not authorized under the licence or this regulation unless the activity is authorized by the general manager;

the establishment must not be used for the manufacture of any liquor other than

liquor owned by the licensee, or

liquor of the class authorized to be manufactured under the licence that is owned by another person who holds a manufacturer licence for that class of liquor.

Record-keeping requirements

A licensed manufacturer must keep in a manner satisfactory to the general manager the following records for a period of at least 6 years from the creation of the records:

bank statements relating to the operation of the establishment;

a general financial, production and inventory ledger and manufacturing journal;

records of the amount of agricultural products that the licensee harvested that were used in the manufacturing;

invoices or receipts showing quantity and price paid for all ingredients purchased that were used in the manufacturing, such as grain, mash, must, concentrates, sugar, juice, fruit, honey and milk, but not including ingredients containing liquor;

invoices or receipts showing quantity and price paid for all ingredients purchased that were used in the manufacturing that contain liquor;

records showing quantity of bulk and packaged liquor manufactured;

records showing quantity and price charged for bulk and packaged liquor sold to other licensed manufacturers;

records showing quantity and price charged for liquor sold and delivered to purchasers outside of British Columbia;

records showing quantity of liquor lost by spillage and liquor used in sampling.

Authorized activities

A manufacturer licence endorsed with a lounge endorsement authorizes the licensee to sell, in the service area under the endorsement, drinks containing liquor.

A manufacturer licence endorsed with a special event area endorsement authorizes the licensee during a special event to sell, in the service area under the endorsement, drinks containing liquor.

A patron who has purchased a drink containing liquor in the service area under a lounge or special event area endorsement may consume the drink in the service area.

Rules and requirements — lounge and special event area endorsements

The following rules and requirements apply to a manufacturer licence endorsed with a lounge or special event area endorsement:

subject to limitation by the general manager, the hours of liquor service in the service area under the lounge or special event area endorsement must start no earlier than 9 a.m. and end no later than 4 a.m. the next day;

unless otherwise authorized by the general manager, the licensed manufacturer must make food and non-alcoholic beverages available at reasonable prices or without charge to patrons in the service area under the lounge or special event area endorsement;

the amount of money paid by a licensed manufacturer to purchase liquor to be sold under a lounge or special event area endorsement, other than liquor that is manufactured under the licence, must not exceed 20% of the total amount of money paid by the licensed manufacturer for all liquor purchased under the endorsement in each of the periods set out in subsection (2).

The periods referred to in subsection (1) (

c) are as follows:

January 1 to March 31;

April 1 to June 30;

July 1 to September 30;

October 1 to December 31.

Picnic area endorsements

In this section:

picnic area hours means the period beginning no earlier than 9 a.m. and ending no later than one half hour after sunset, unless the general manager specifies a shorter period in a picnic area endorsement;

picnic consumption area means a service area under a picnic area endorsement that

is specified in the picnic area endorsement as a picnic consumption area, and

meets the requirements under subsection (4);

picnic sale area means a service area under a picnic area endorsement that

is specified in the picnic area endorsement as a picnic sale area, and

meets the requirements under subsection (4).

A manufacturer licence endorsed with a picnic area endorsement authorizes a patron to consume the following liquor in a picnic consumption area or picnic sale area during picnic area hours:

liquor that the licensee who holds the manufacturer licence sells or serves to the patron under the licence;

liquor that a licensee who holds a liquor primary or food primary licence sells or serves to a patron in a service area under the liquor primary or food primary licence, if

the service area under the liquor primary or food primary licence is adjacent to the manufacturing facilities of the establishment under the manufacturer licence, and

the licensee who holds the manufacturer licence is the same person who holds the liquor primary or food primary licence.

A picnic consumption area and a picnic sale area must

be outdoors in a location approved by the general manager,

have boundaries that are marked so that patrons can easily identify those boundaries, and

be of a size and configuration approved by the general manager, subject to subsection (5).

The combined size of any picnic sale area and any picnic consumption areas under a manufacturer licence endorsed with a picnic area endorsement must not exceed 1 000 square metres.

[en. B.C. Reg. 78/2024.]

On-site store endorsements

A manufacturer licence endorsed with an on-site store endorsement authorizes the licensee to sell to patrons, from the service area under the on-site store endorsement, liquor in unopened containers that is

manufactured under the licence, or

owned by the licensee and manufactured by another person who holds a manufacturer licence for that class of liquor.

[en. B.C. Reg. 97/2022.]

Rules and requirements — manufacturer on-site store endorsement

The following rules and requirements apply to a manufacturer on-site store endorsement:

subject to limitation by the general manager, hours of liquor service must start no earlier than 7 a.m. and end no later than 11 p.m.;

non-liquor items must not be sold except for packaged snacks, items related to the liquor manufactured under the manufacturer licence and other items authorized by the general manager;

entertainment and games are not allowed in the service area under the manufacturer on-site store endorsement.

[am. B.C. Regs. 291/2016, Sch. 1, s. 6; 169/2021.]

Repealed

Repealed. [B.C. Reg. 231/2017, s. 3.]

Removing liquor from service areas

This

section applies to liquor

that a licensed manufacturer sells or serves to a patron in a service area under the licence, or

that a licensee who holds a liquor primary or food primary licence sells or serves to a patron in a service area under the licence if

the service area is adjacent to manufacturing facilities of the establishment under a manufacturer licence, and

the licensee who holds the manufacturer licence is the same person who holds the liquor primary or food primary licence.

A patron may

remove liquor from a service area, and

take it to any of the following places:

another service area within the establishment under the manufacturer licence;

Repealed. [B.C. Reg. 231/2017, s. 3.]

iii

the service area under the liquor primary or food primary licence that is adjacent to the manufacturing facilities of the establishment.

A patron who removes liquor from a service area under subsection (2) may possess the liquor in an open container and consume it in the establishment under the manufacturer licence.

[am. B.C. Reg. 231/2017, s. 3.]

Agent's Licence

Authorized activities

An agent's licence authorizes a licensee to do the things referred to in

section 8 (2) (

b) of the Act with respect to liquor manufactured outside British Columbia.

Rules and requirements

The following rules and requirements apply to an agent's licence:

the agent must keep, in a form approved by the general manager, a record of the following for a period of at least 6 years from the creation of the record:

all liquor coming into the agent's possession;

the sale or other disposition of the liquor;

the agent may deliver samples of the liquor manufactured by the manufacturer the agent represents to potential customers, but an agent must not give a person more than the maximum amount authorized by the general manager.

[am. B.C. Reg. 291/2016, Sch. 1, s. 7.]

U-Brew and U-Vin Licences

Definitions

In this Division:

bottle includes a can, keg, cask or other container or package into which beer or wine is placed after it is removed from a carboy;

carboy means a container used for the aging or storage of beer or wine;

customer means a person who pays a fee to manufacture beer or wine in a facility that provides goods or services to persons manufacturing beer or wine in the facility;

licensee means a person who holds a U-Brew and U-Vin licence.

Authorized activities

A U-Brew and U-Vin licence authorizes

a licensee to operate a facility in the establishment that provides goods or services to a customer who manufactures beer or wine in the facility for consumption by the customer or for consumption at no charge by other persons, and

the licensee and employees of the licensee

to manufacture beer or wine in the establishment for their own consumption or for consumption at no charge by other persons, and

to consume in the establishment samples of the beer or wine they manufacture.

A U-Brew and U-Vin licence authorizes a customer to consume in the establishment samples of beer or wine that the customer manufactures in the establishment.

Payment, acknowledgment and receipt required

A licensee must ensure that a customer is not allowed to begin manufacturing beer or wine in the establishment unless the customer first

pays the licensee

for the ingredients to make the beer or wine, or

if the customer brings ingredients into the establishment, for the goods or services to be provided by the licensee, and

provides the licensee with an acknowledgment, signed by the customer, that the beer or wine is being made by the customer for the customer's own consumption or for consumption at no charge by other persons.

When a customer pays for the ingredients, goods or services referred to in subsection (1) (a), the licensee must ensure that the customer is provided with a receipt that sets out the following information:

the name and telephone number of the customer;

the type and quantity of beer or wine to be made;

the date and amount of the payment received from the customer;

the name, address and telephone number of the licensee.

[am. B.C. Reg. 64/2021, s. 3.]

Role of the customer in the manufacturing process

Subject to subsection (2), a licensee must ensure that a customer performs the following tasks in manufacturing beer or wine in the establishment:

combining or mixing ingredients with any of the following:

beer wort;

fruit, fruit juice or fruit concentrate;

iii

wine;

fermentable liquids;

if yeast or enzymes are required to begin the fermentation process, adding the yeast or enzymes to the materials referred to in paragraph (

a) or to any other raw material of beer or wine;

removing or defacing commercial labels and sterilizing bottles in preparation for bottling;

placing the beer or wine in bottles;

labelling, corking, capping or shrink-wrapping the bottles of beer or wine;

removing the bottled beer or wine from the establishment.

A customer may be assisted in performing a task described in subsection (1) by the following persons:

an adult who is not associated with the operation of the facility in the establishment;

the licensee or the employees of the licensee if

the task is performed primarily by the customer, or

the customer is physically incapable of performing the task alone.

Consumption

A licensee must ensure that no person consumes beer or wine in the establishment except in accordance with subsection (2).

Consumption of samples of beer or wine referred to in

section 42 (1) (b) (ii) and (2) is subject to the following rules and requirements:

the consumption must be by the person who manufactured the beer or wine in the establishment,

the consumption is for the purpose of tasting a sample of the beer or wine and occurs before completion of bottling, and

the maximum amount the person consumes is 2 samples of 100 millilitres each.

Storage requirements

A licensee must ensure that each carboy containing a customer's ingredients has a tag setting out the customer's name and the date any yeast or enzymes were added.

A licensee must not remove a customer's beer or wine from the establishment for any purpose before bottling.

Removal and delivery of customer's beer or wine

A licensee must ensure that the customer removes the customer's beer or wine from the establishment immediately after bottling.

A licensee must not deliver a customer's beer or wine.

[am. B.C. Reg. 64/2021, s. 3.]

Beer or wine manufactured by licensee or employee

If a licensee or employee manufactures beer or wine in the establishment, the licensee must ensure that the beer or wine

is labelled as belonging to the licensee or employee,

is removed from the establishment immediately after bottling, and

is not used for any purpose within the establishment except for sampling conducted in accordance with

section 45.

Sales prohibited

A licensee must ensure that beer or wine is not kept for sale, offered for sale, produced for sale or sold in the establishment.

Age of customers

A licensee must ensure that customers who manufacture beer or wine in the establishment are adults.

Record-keeping and reporting requirements

A licensee must keep the following records and copies for a period of at least 6 years from the creation of the records or copies:

purchase records for all of the ingredients used in the manufacture of beer or wine in the establishment indicating the source and volume of the ingredients;

copies of receipts provided to customers under

section 43 (2);

records of the type and quantity of beer or wine manufactured by the licensee or employees of the licensee;

records detailing the disposition of any beer or wine that is spoiled, spilled, unclaimed or returned to the licensee.

A licensee must, in the form established and within the time specified by the general manager, submit to the general manager each year a report outlining the volume of beer and wine manufactured in the establishment for the periods specified by the general manager.

Restriction on providing beer or wine

A licensee must not provide beer or wine that is manufactured in the establishment to any person other than the person who manufactured the beer or wine.

Licensee Retail Store Licences, Wine Store Licences and Special Wine Store Licences

Definitions

In this Division:

licensee's hold location , in relation to a licensee retail store licence that has been amended for the purpose of allowing a licensee retail store to be relocated to a temporary LRS location, means the original location of the licensee retail store before the licence was amended for that purpose;

LRS hold location means the licensee's hold location under any licensee retail store licence that

has been amended for the purpose of allowing the store to be relocated to a temporary LRS location, and

has not expired or been cancelled;

LRS relocation licence means a licence in the licensee retail store licence class that has been amended for the purpose of allowing the applicable licensee retail store to be relocated to a temporary LRS location;

permanent LRS location means the location of a licensee retail store that is not a temporary LRS location;

proposed location of another store means

the location for a licensee retail store that is proposed in an application to issue a licensee retail store licence,

the new location of a licensee retail store that is proposed in an application under

section 17 of the Act to amend a licensee retail store licence, other than an application in relation to the relocation of a licensee retail store from its current location to

a temporary LRS location, or

an LRS hold location, or

the proposed location of a liquor store about which the LDB general manager notifies the general manager;

store licence means a licensee retail store licence, wine store licence or special wine store licence;

temporary LRS location means, as the context requires,

the location specified in an application made by a licensee under a licensee retail store licence to amend the licence for the purpose of allowing the applicable licensee retail store to be relocated to that location on a temporary basis, or

the current location of a licensee retail store under a licensee retail store licence that was amended for the purpose of allowing the store to be relocated from its original location to its current location on a temporary basis.

[am. B.C. Regs. 305/2021, App. 1, s. 1; 225/2024, s. 1.]

Authorized activities

A licensee retail store licence authorizes

a licensee

to sell liquor in unopened containers in the service area under the licence to patrons, and

to sell or serve samples of liquor in the service area under the licence to patrons, and

a patron to consume the samples in the service area.

A wine store licence authorizes

a licensee

to sell wine in unopened containers in the service area under the licence to patrons, and

to sell or serve samples of wine in the service area under the licence to patrons, and

a patron to consume the samples in the service area.

A special wine store licence authorizes

a licensee

to sell wine in unopened containers in the service area under the licence to patrons, and

to sell or serve samples of wine in the service area under the licence to patrons, and

a patron to consume the samples in the service area.

[am. B.C. Reg. 155/2019, s. 1.]

Limit on number of stores selling liquor in grocery stores

If a licensee retail store, wine store or special wine store is located in a grocery store, no additional licensee retail store, wine store or special wine store may be located in the grocery store.

If a liquor store is located in a grocery store, no licensee retail store, wine store or special wine store may be located in the grocery store.

If the general manager receives more than one application to issue a store licence or to relocate a licensee retail store, wine store or special wine store in respect of the same grocery store, the order in which the applications are received determines their priority.

If the LDB general manager notifies the general manager of a proposed location of a liquor store in a grocery store before the general manager receives an application to issue a store licence in respect of the same grocery store or to relocate a licensee retail store, wine store or special wine store to the same grocery store, the proposed liquor store has priority.

[am. B.C. Reg. 305/2021, App. 1, s. 2.]

Sales revenue of grocery store

This

section applies to the following licences:

a licensee retail store licence for a licensee retail store that is located in a grocery store;

a wine store licence for a wine store that is located in a grocery store;

a special wine store licence.

It is a requirement of a licence referred to in subsection (1) that the sales revenue derived from the sale of food and non-liquor beverages at the grocery store in which the licensee retail store, wine store or special wine store is located

total at least 70% of the total sales revenue of non-liquor products at the grocery store, and

total more than 50% of the total sales revenue of liquor and non-liquor products at the grocery store.

For the purposes of subsection (2), the sales revenue of a grocery store in which a licensee retail store, wine store or special wine store is located must be calculated based on the following periods:

the 12-month period following

the first time that the licensee retail store or wine store is relocated from an establishment that was not a grocery store to the grocery store, or

the issuance of the special wine store licence;

after a 12-month period referred to in paragraph (a), every 12-month period preceding the renewal of the licence;

if the licensee retail store, wine store or special wine store is relocated to a different grocery store, the 12-month period following the relocation of the store and, after that 12-month period, every 12-month period preceding the renewal of the licence.

The licensee of a licence referred to in subsection (1) must, within 3 months after the applicable period referred to in subsection (3), provide proof to the general manager that the sales revenue requirement referred to in subsection (2) has been met.

Moratorium on new licensee retail store licences

No new licensee retail store licences may be issued.

Subsection (1) does not affect an application to convert a wine store licence to a licensee retail store licence under

section 66.

This

section is repealed on July 1, 2032.

[am. B.C. Reg. 256/2021.]

Location of licensee retail stores

Subject to subsections (2) and (3), it is a requirement of a licensee retail store licence that the licensee retail store meet the following requirements:

the licensee retail store must be located in

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

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 the licensee retail store is physically separated from any other business in a manner satisfactory to the general manager, or

iii

a grocery store, but the licensee retail store is physically separated from the rest of the grocery store in a manner satisfactory to the general manager;

in the opinion of the general manager, the licensee retail store does not appear, through signs, the use of trademarks or any other means, to be associated with another business other than another licensee retail store or a business operated under a liquor primary licence.

Subsection (1) (

a) does not apply to a licensee retail store if the location of the store was approved by the general manager in accordance with the law that was in force when the approval was given.

Subsection (1) (

b) does not apply to a licensee retail store if

the store 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 location of the store,

the store is located in a building described in subsection (1) (a) (

i) or (ii), the licensee who holds the licensee retail store licence also carries on a grocery business and the licensee retail store appears to be associated with the grocery business, or

the store is located in a grocery store and the licensee retail store appears to be associated with the grocery store.

[am. B.C. Reg. 242/2023, s. 1.]

Licensee retail store licences — rules and requirements

The following rules and requirements apply to a licensee retail store licence:

subject to limitation by the general manager, the hours of liquor service must start no earlier than 7 a.m. and end no later than 11 p.m.;

non-liquor items must not be sold except for packaged snacks, liquor-related items and other items authorized by the general manager;

entertainment and games are not allowed.

[am. B.C. Reg. 169/2021.]

Permanent relocation of licensee retail stores

0.1

This

section applies in relation to the amendment of a licensee retail store licence for the purpose of

relocating the applicable licensee retail store to another location on a permanent basis, or

causing a temporary LRS location to become a permanent LRS location.

Subject to subsection (2), an application to amend a licensee retail store licence for one of the purposes described in subsection (0.1) must not be approved unless the proposed location of the licensee retail store is at least 1 km from the following:

any permanent LRS location;

any liquor store;

any proposed location of another store;

any LRS hold location.

If an application to amend a licence in respect of a licensee retail store for the purpose described in subsection (0.1) (

a) does not comply with subsection (1), the general manager may approve the application if any of the following circumstances apply:

the proposed new location has the same permanent parcel identifier assigned under the Land Title Act as the current location;

the proposed new location is not closer to a liquor store, permanent LRS location, LRS hold location or proposed location of another store than the current location;

the shortest travelling distance by road between the proposed new location and a liquor store, permanent LRS location, LRS hold location or proposed location of another store is 1 km or more because of a watercourse or body of water;

the relocation of the licensee retail store is necessary because the licensee retail store was substantially damaged by fire, flood or other event beyond the licensee's control.

[am. B.C. Regs. 305/2021, App. 1, s. 2; 225/2024, s. 2.]

Temporary relocation of licensee retail stores

60.1

This

section applies in relation to the relocation

of a licensee retail store to a temporary LRS location, and

of a licensee retail store from a temporary LRS location to the applicable licensee's hold location.

The licensee under a licensee retail store licence may apply for an amendment to the licence to reflect a relocation to a temporary LRS location if

repairs are necessary because the store was substantially damaged by fire, flood or other event beyond the licensee's control,

significant alterations to or renovations of the store are to be carried out by a person other than the licensee, or

the licensee

intends to carry out significant alterations to or renovations of the store, and

has reasonable grounds for believing that it would be impractical to continue to operate the store while the alterations or renovations are carried out.

An application to which this

section applies must not be approved if

the applicant has not demonstrated, to the satisfaction of the general manager, that subsection (2) (

a) or (

b) applies, or

subject to subsection (4), the temporary LRS location is less than 1 km from the following:

any permanent LRS location;

any liquor store;

iii

any proposed location of another store;

any LRS hold location.

Despite subsection (3), the general manager may approve an application to amend a licensee retail store licence for the purpose described in subsection (1) (

a) if any of the following circumstances apply:

the distance between the current location of the applicable licensee retail store and the temporary LRS location is 250 m or less;

the temporary LRS location is not closer to a liquor store, permanent LRS location, LRS hold location or proposed location of another store than the current location of the applicable licensee retail store;

the shortest travelling distance by road between the temporary LRS location and a liquor store, permanent LRS location, LRS hold location or proposed location of another store is 1 km or more because of a watercourse or body of water.

If the general manager approves an application to amend a licensee retail store licence for the purpose described in subsection (1) (a), the general manager must specify the following:

the date on which the amendment of the licence is to be effective;

the expiry date of the amended licence;

a date after which no further renewals of the LRS relocation licence will be granted by the general manager, which date must be no more than 5 years from the effective date under paragraph (a).

Subject to subsection (8), the licensee under an LRS relocation licence may, no later than 180 days before the date specified by the general manager under subsection (5) (c), apply to the general manager for a change to the specified date.

If the general manager receives an application under subsection (6), the general manager may specify a new date after which no further renewals of the LRS relocation licence will be granted by the general manager, but only if

the general manager is satisfied that extenuating circumstances prevented the licensee from repairing the damage described in subsection (2) (

a) or completing the alterations or renovations described in subsection (2) (b), as applicable, and

the new date is no more than 2 years after the date specified by the general manager under subsection (5) (c).

The date specified by the general manager under subsection (5) (

c) may only be changed once.

The licensee under an LRS relocation licence must, in relation to the licensee's hold location, maintain a right or interest in the licensee's hold location that

allows the licensee to relocate to the licensee's hold location following the completion of the work described in subsection (2) (

a) or (b), as applicable, and

is acceptable to the general manager.

The licensee under an LRS relocation licence must, no later than 180 days before the date specified by the general manager under subsection (5) (

c) or subsection (7), as applicable, do one of the following:

apply for an amendment of the licence to reflect the licensee's hold location, in order that the licensee may return to that location;

apply for an amendment of the licence for the purpose of allowing the temporary LRS location to become a permanent LRS location;

apply for an amendment of the licence for the purpose of allowing the applicable licensee retail store to be relocated to a location other than the licensee's hold location on a permanent basis.

For certainty,

section 60 applies in relation to an application made for a purpose described in subsection (10) (

b) or (

c) of this section.

If the general manager approves an application made for the purpose described in subsection (10) (a), the general manager must specify the date on which the amendment of the licence is to be effective.

If the licensee under an LRS relocation licence does not make an application in accordance with subsection (10), the general manager must, subject to

section 19 (2) (

c) and (

d) of the Act,

amend the LRS relocation licence to reflect the licensee's hold location, and

specify the date on which the amendment of the licence is to be effective.

If the licensee under a licensee retail store licence that has been amended to reflect the licensee's hold location does not begin to operate the licensee retail store at that location on the effective date of the amendment, the following provisions apply:

for the purposes of

section 92.1 (1), the licensee is deemed to have ceased operations on the effective date of the amendment;

none of the prescribed circumstances described in

section 92.1 (3) to (6) and (8) apply.

For certainty, a licensee's hold location ceases to be an LRS hold location for the purposes of this Division if

an LRS relocation licence expires or is cancelled by the general manager for any reason, or

the licensee under an LRS relocation licence fails to comply with subsection (9).

[en. B.C. Reg. 225/2024, s. 3.]

Moratorium on new wine store licences

No new wine store licences may be issued.

Requirements for wine stores

Subject to subsections (2) and (3), it is a requirement of a wine store licence that the wine store meet the following requirements:

the wine store must be located in

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

a building in which there are other businesses, but the wine store has its own entrance and exit separate from any other business and the wine store is physically separated from any other business in a manner satisfactory to the general manager, or

iii

a grocery store;

in the opinion of the general manager, the wine store does not appear, through signs, the use of trademarks or any other means, to be associated with another business other than another wine store.

Subsection (1) (

a) does not apply to a wine store if the location of the wine store was approved by the LDB general manager in accordance with the law that was in force when the approval was given.

Subsection (1) (

b) does not apply to a wine store if

the store is associated with another business and the association was permitted by the law that was in force at the time the LDB general manager approved the store,

the store is located in a building described in subsection (1) (a) (

i) or (ii), the licensee who holds the wine store licence also carries on a grocery business and the wine store appears to be associated with the grocery business, or

the store is located in a grocery store and the wine store appears to be associated with the grocery store.

[am. B.C. Reg. 242/2023, s. 2.]

Converted wine store licences

In this section, "converted wine store licence" means a wine store licence referred to in

section 75 (1) of the former regulation.

A wine store under a converted wine store licence is exempt from

section 62 (1) as follows:

the exemption is only with respect to any non-compliance with the requirements set out in

section 14.1 (2) of the former regulation that existed when that

section came into force;

other than a wine store that sells only wine for sacramental purposes, the exemption applies from the time that the licence was converted until the licence is amended to relocate the wine store.

For the purposes of

section 19 (2) (

b) and (

c) of the Act, a converted wine store licence that at the time the licence was converted authorized the sale of only BC VQA wine, as defined in

section 1 of the Wines of Marked Quality Regulation, is a prescribed class of licence and remains a prescribed class of licence even if the type of wine authorized to be sold under the converted wine store licence changes.

[am. B.C. Regs. 168/2018, s. (c); 155/2019, s. 2.]

Wine store licences — rules and requirements

The following rules and requirements apply to a wine store licence:

subject to limitation by the general manager, hours of liquor service must start no earlier than 7 a.m. and end no later than 11 p.m.;

non-liquor items must not be sold except for packaged snacks, wine-related items and other items authorized by the general manager;

entertainment and games are not allowed in the wine store.

If the wine store is located in a grocery store, subsection (1) (

c) applies only to a wine store that is physically separated from the rest of the grocery store.

[am. B.C. Regs. 291/2016, Sch. 1, s. 8; 169/2021.]

Relocation of wine stores to grocery stores

A wine store licence that permits the licensee to sell only BC wine, other than a wine store licence that is held by a person who holds a winery licence, may be amended to relocate the wine store from the location named on the wine store licence to a new location that is in a grocery store.

The proposed wine store under subsection (1) must be physically separated from the rest of the grocery store in a manner satisfactory to the general manager unless the licensee applying to amend the wine store licence

owns the grocery store in which the wine store is to be relocated, or

is a licensee who holds a converted wine store licence described in

section 63 (3).

Subject to subsection (4), a wine store licence that permits the licensee to sell all types of wine, other than wine for sacramental purposes, may be amended to relocate the wine store from the location named on the licence to a new location that is in a grocery store if the proposed wine store will be physically separated from the rest of the grocery store in a manner satisfactory to the general manager.

Subsection (3) does not apply to a wine store licence if, at any time on or after February 1, 2013, the licensee under the wine store licence was permitted to sell only BC wine.

[am. B.C. Reg. 155/2019, s. 3.]

Sale of wine on grocery store shelves

65.1

In this section:

BC wine restriction means a restriction under a wine store licence that permits the licensee to sell only BC wine;

wine store on grocery shelves licence means a wine store licence for a wine store that is located in a grocery store and that is not physically separated from the rest of the grocery store.

On the coming into force of this section, a BC wine restriction under a wine store on grocery shelves licence ceases to have effect.

If, after the coming into force of this section, a wine store licence is amended so that it becomes a wine store on grocery shelves licence, a BC wine restriction under the licence ceases to have effect.

No BC wine restriction may be imposed on a wine store on grocery shelves licence.

[en. B.C. Reg. 155/2019, s. 4.]

Conversion of wine store licence to licensee retail store licence

Subject to subsection (1.1), a licensee who holds a wine store licence that permits the licensee to sell all types of wine, other than wine for sacramental purposes, may, until 4:30 p.m. on March 31, 2025, apply to the general manager for conversion of the wine store licence to a licensee retail store licence.

1.1

Subsection (1) does not apply to a wine store licence if, at any time on or after February 1, 2013, the licensee under the wine store licence was permitted to sell only BC wine.

Subject to subsection (3), an application referred to in subsection (1) must not be approved unless the location of the proposed licensee retail store is at least 1 km from any liquor store, permanent LRS location, LRS hold location or proposed location of another store.

If an application referred to in subsection (1) does not comply with subsection (2), the general manager may approve the application if any of the following circumstances apply:

the shortest travelling distance by road between the proposed licensee retail store and any liquor store, permanent LRS location, LRS hold location or proposed location of another store is 1 km or more because of a watercourse or body of water;

the location of the proposed licensee retail store is the location, on the date this paragraph comes into force, of the wine store under the applicant's wine store licence.

[am. B.C. Regs. 155/2019, s. 5; 166/2020; 283/2020; 305/2021, App. 1, s. 2; 225/2024, s. 4.]

Special wine store licence — application requirements

A special wine store licence may be issued only to a successful bidder under the Special Wine Store Licence Auction Act .

In addition to the requirements under the Liquor Control and Licensing Act , an application to issue a special wine store licence is also subject to the requirements of the Special Wine Store Licence Auction Act .

Special wine store licence — rules and requirements

The following rules and requirements apply to a special wine store licence:

Repealed. [B.C. Reg. 155/2019, s. 6.]

the special wine store must be located in a grocery store;

subject to limitation by the general manager, the hours of liquor service must start no earlier than 7 a.m. and end no later than 11 p.m.

[am. B.C. Regs. 155/2019, s. 6; 169/2021.]

Temporary off-site sale endorsement

A licensee who holds a licence for a licensee retail store, wine store or special wine store may apply for a temporary off-site sale endorsement.

Sampling

A licensed manufacturer or licensed agent may, with the permission of the licensee under a licensee retail store licence, wine store licence or special wine store licence, serve samples of liquor described in subsection (2) to patrons in the store.

Subsection (1) applies to liquor

in respect of the manufacturer, that the manufacturer has manufactured,

in respect of the agent, that is manufactured by a manufacturer that the agent is authorized to represent,

that is either

purchased from an authorized vendor as defined in

section 1 (1) of the Liquor Distribution Act and brought into the store, or

purchased at the store, and

that is authorized to be sold in the store under the licensee retail store licence, wine store licence or special wine store licence.

A patron may consume in a licensee retail store, wine store or special wine store samples of liquor that are served under subsection (1).

8.1

Rural Licensee Retail Store Licences

Repealed

70.1

Repealed. [B.C. Reg. 305/2021, App. 1, s. 3.]

Authorized activities

70.2

A rural licensee retail store licence authorizes

a licensee

to sell liquor in unopened containers in the service area under the licence to patrons, and

to sell or serve samples of liquor in the service area under the licence to patrons, and

a patron to consume the samples in the service area.

Subject to the approval of the general manager, a rural licensee retail store licence also authorizes a licensee to sell liquor in unopened containers to other licensees.

The approval of the general manager referred to in subsection (2) may be subject to conditions imposed by the general manager.

A licensee is authorized to purchase liquor in unopened containers that is sold under subsection (2) to the licensee.

[en. B.C. Reg. 18/2021, s. 4; am. B.C. Reg. 305/2021, App. 1, s. 4.]

Application requirement

70.3

A person must not apply for a rural licensee retail store licence unless the general store, in which the proposed rural licensee retail store will be located, began operating at least 12 months before the application is made.

[en. B.C. Reg. 18/2021, s. 4.]

Initial requirements

70.4

The general manager must not issue a rural licensee retail store licence unless the general manager is satisfied that

the proposed rural licensee retail store will be located in a rural community or tourist destination resort, and

a.1

there is no other rural licensee retail store in the rural community or tourist destination resort.

b) and (c

Repealed. [B.C. Reg. 305/2021, App. 1, s. 5 (b).]

Repealed. [B.C. Reg. 305/2021, App. 1, s. 5 (b).]

[en. B.C. Reg. 18/2021, s. 4; am. B.C. Reg. 305/2021, App. 1, s. 5.]

Location

70.5

It is a requirement of a rural licensee retail store licence that the rural licensee retail store be located

in a store

that is, in the opinion of the general manager, a general store, and

in which less than half of the shelf space, including shelf space in refrigerators, is stocked with liquor products, and

unless otherwise authorized by the general manager, at least 10 km, when travelling by all-weather road, from

another rural licensee retail store, or

a licensee retail store or liquor store that was established before the rural licensee retail store.

[en. B.C. Reg. 18/2021, s. 4; am. B.C. Reg. 305/2021, App. 1, ss. 2 and 6.]

Relocation

70.51

An application to amend a licence in respect of a rural licensee retail store to relocate the store must not be approved unless the general manager is satisfied that

the new location of the rural licensee retail store

will meet the requirements of

section 70.5, and

will be in the same rural community or tourist destination resort as the current location of the store, and

the rural community or tourist destination resort has no other rural licensee retail store.

[en. B.C. Reg. 305/2021, App. 1, s. 7.]

Ownership

70.6

It is a requirement of a rural licensee retail store licence that the general store in which the rural licensee retail store is located is, in the opinion of the general manager, independently owned.

[en. B.C. Reg. 18/2021, s. 4.]

Hours of liquor service

70.7

It is a requirement of a rural licensee retail store licence that, subject to limitation by the general manager, the hours of liquor service start no earlier than 7 a.m. and end no later than 11 p.m.

[en. B.C. Reg. 18/2021, s. 4; am. B.C. Reg. 169/2021.]

Sampling

70.8

Section 70 applies to a rural licensee retail store licence and

a reference in that

section to a licensee retail store licence must be read as a reference to a rural licensee retail store licence, and

a reference in that

section to a licensee retail store must be read as a reference to a rural licensee retail store.

[en. B.C. Reg. 18/2021, s. 4.]

Local Government and First Nations

Recommendations of local government or first nation on issue and amendment of licence

For the purposes of

section 38 (1) of the Act, the following classes of licences are prescribed:

liquor primary licence;

food primary licence;

manufacturer licence;

rural licensee retail store licence.

For the purposes of

section 38 (1) of the Act, the prescribed circumstances with respect to a liquor primary licence are as follows:

an applicant applies for the issuance of the licence;

an applicant applies for any of the following amendments to the licence:

converting a liquor primary club licence (a subclass of a liquor primary licence) into a liquor primary licence;

adding or amending a temporary use area endorsement;

iii

a permanent extension of hours of liquor service;

a permanent increase in the person capacity of a service area;

the permanent addition of a patio;

the permanent relocation of the establishment to a new location, unless the general manager is satisfied that the residents who will be affected by the new location are substantially the same residents who are affected by the establishment.

For the purposes of

section 38 (1) of the Act, the prescribed circumstances with respect to a food primary licence are as follows:

an applicant, when applying for the issuance of the licence, also applies for any of the following:

a temporary use area endorsement;

hours of liquor service that extend past midnight;

iii

dancing, karaoke or other types of entertainment that involve patron participation in the service area;

an applicant applies for any of the following amendments to the licence:

adding or amending a temporary use area endorsement;

a permanent extension of hours of liquor service if the new hours extend past midnight;

iii

permanently allowing, in a service area, dancing, karaoke or other types of entertainment that involve patron participation.

Subject to subsection (5), for the purposes of

section 38 (1) of the Act, the prescribed circumstances with respect to a manufacturer licence are as follows:

an applicant, when applying for the issuance of the licence, also applies for one or both of the following:

a lounge endorsement;

a special event area endorsement;

an applicant who holds a manufacturer licence applies to add one or both of the following:

a lounge endorsement;

a special event area endorsement;

an applicant who holds a manufacturer licence endorsed with a lounge endorsement or a special event area endorsement applies for any of the following amendments to the licence:

a permanent extension of hours of liquor service for the service area under the endorsement;

a permanent increase in the person capacity of the service area under the endorsement;

iii

the permanent addition, to the service area under the endorsement, of a patio.

The prescribed circumstances set out in subsection (4) do not include an application by a licensee who holds a manufacturer licence

for a lounge endorsement if the licensee holds another manufacturer licence that is endorsed with a lounge endorsement in which the service area and hours of liquor service are the same as those proposed for the applicant's lounge endorsement, and

for a special event area endorsement if the licensee holds another manufacturer licence that is endorsed with a special event area endorsement in which the service area and hours of liquor service are the same as those proposed for the applicant's special event area endorsement.

5.1

For the purposes of

section 38 (1) of the Act, the prescribed circumstances with respect to a rural licensee retail store licence are as follows:

an applicant applies for the issuance of the licence;

an applicant applies for an amendment to the licence in order to obtain the permanent relocation of the establishment to a new location, unless the general manager is satisfied that the residents who will be affected by the new location are substantially the same residents who are affected by the establishment.

An applicant must, in the notice to the local government or first nation under

section 38 (1) of the Act, provide a copy of the application, together with all information and records referred to in

section 12 (

b) and (

c) of the Act, excluding any information or records that the applicant was required to submit to enable the general manager to determine if

the applicant or the applicant's affiliates are fit and proper, or

section 19 (5) of the Act applies to the application.

The following criteria are prescribed for the purposes of

section 38 (3) (

a) of the Act:

the location of the establishment unless paragraph (

b) or (

c) apply;

in the case of an application that involves a temporary use area endorsement, the proposed locations of event sites under corresponding temporary use area authorizations;

in the case of an application that involves a lounge or special event area endorsement, the location of the service area under the endorsement;

the person capacity and hours of liquor service of the service area.

The prescribed circumstances for the purposes of sections 38 (3) (

c) and 39 (1) (

e) of the Act are that the issuance or amendment of the licence may affect nearby residents.

A local government or first nation that wishes to provide comments and recommendations under

section 38 (3) of the Act must do so in accordance with the following requirements:

the comments and recommendations must be in writing;

the comments must include the views of the local government or first nation on

the impact of noise on the community in the immediate vicinity of the establishment unless

subparagraph (ii) or (iii) apply, or

the application is for the issuance or amendment of a rural licensee retail store licence,

in the case of an application that involves a temporary use area endorsement, the impact of noise on the community in the immediate vicinity of the proposed locations of event sites under corresponding temporary use area authorizations,

iii

in the case of an application that involves a lounge or special event area endorsement, the impact of noise on the community in the immediate vicinity of the location of the service area under the endorsement,

the general impact on the community, and

if the application is to amend a food primary licence in relation to a matter referred to in subsection (3) (a) (ii) or (iii) or (b) (ii) or (iii), whether the amendment may result in the service area being operated in a manner that is contrary to

section 18 (1) (a);

if the local government or first nation has gathered the views of residents under

section 38 (3) (

c) of the Act, the comments must include

the views of the residents, and

a description of the method used to gather those views;

the recommendations must include whether the application should be approved or rejected;

the recommendations must include the reasons on which they are based.

The prescribed time period for the purposes of

section 38 (3) (b) (ii) of the Act is 90 days after the local government or first nation receives notice under

section 38 (1) of the Act.

[am. B.C. Regs. 18/2021, s. 5; 168/2023.]

General Application Matters

Establishing person capacity

This

section applies to the service area under the following:

a liquor primary licence;

a food primary licence;

a temporary use area endorsement endorsed on a liquor primary or food primary licence;

a lounge, special event area or picnic area endorsement endorsed on a manufacturer licence.

The general manager must, before issuing a licence or endorsing a licence with an endorsement referred to in subsection (1), establish a person capacity for the service area under the licence or endorsement.

The general manager may establish a new person capacity for a service area to which this

section applies in the following situations:

on application to amend the licence or endorsement to increase the person capacity;

on any other application to amend the licence or endorsement that requires, in the opinion of the general manager, a change to the person capacity.

In establishing the person capacity for a service area, the general manager must consider the public interest and the comments and recommendations of a local government or first nation if provided under

section 38 of the Act.

The person capacity for a service area must not exceed,

if there is an occupant load for the service area, the occupant load, and

if the service area is in a vessel, the total capacity for crew and passengers as set out on the vessel's inspection certificate issued by Transport Canada.

Patron capacity

Subject to subsection (2), a patron capacity, as defined in the former regulation, that was set under that regulation for a service area continues to apply to the service area.

A patron capacity ceases to apply to a service area when the general manager sets a person capacity for the service area as a result of the licensee applying to amend the licence

to change the patron capacity, or

because of a proposed structural alteration referred to in

section 79 (1) (

a) or (b).

Establishments — vessels

Repealed. [B.C. Reg. 137/2017, s. 2.]

No licence may be issued, renewed, transferred or amended if the establishment is a vessel, except for the following classes of licences:

liquor primary licence;

food primary licence;

catering licence.

The establishment under a liquor primary licence, food primary licence or catering licence may be a vessel if the following criteria are met:

the applicant for the licence

has entered into a contract to moor the vessel at a dock located in British Columbia for a period satisfactory to the general manager, or

owns a dock located in British Columbia at which the vessel will be moored;

unless the vessel is exempt from the requirements of the Canada Shipping Act, 2001 , the crew and captain of the vessel hold the appropriate certification under that Act and the vessel is registered under and complies with the requirements of that Act.

[am. B.C. Reg. 137/2017, s. 2.]

Right to refuse reapplications

the applicant submitted a previous application for the same licence, endorsement or amendment in respect of the same establishment,

in respect of a refusal based on a recommendation of a local government or first nation under

section 38 of the Act or on the basis of a decision by the general manager under

section 39 of the Act, less than 2 years has passed since the refusal, and

in respect of a refusal based on other reasons, the general manager is satisfied that the reasons on which the general manager based the refusal are not addressed by

changes in the new application.

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

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

the applicant withdrew the previous application, and

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

[am. B.C. Reg. 231/2017, s. 4.]

Refusal for unauthorized structural alterations

For the purposes of

section 20 (2) (

b) of the Act, the general manager may refuse to renew, transfer or amend a licence if the licensee has contravened

section 79 of this regulation.

Dual licensing

A liquor primary and food primary licence may not have the same establishment unless the same person holds both licences.

General Rules and Requirements

Capacity requirements

If the general manager has established a person capacity for the service area under a licence or endorsement, it is a requirement of the licence that the number of people in the service area at one time must not exceed the following:

the person capacity;

if there is an occupant load for the service area, the occupant load.

If, under

section 73 (1), a patron capacity applies to a service area, it is a requirement of the licence that the number of patrons in the service area at one time must not exceed the following:

the patron capacity;

if there is an occupant load for the service area, the occupant load.

Structural alterations and other changes to establishment

It is a rule of a licence that the following alterations or changes must not take place unless the licence is amended to allow for them:

a structural alteration to a service area;

a structural alteration to a part of the establishment that is not a service area that, in the opinion of the general manager, will affect the operation of a service area;

a change to the location or size of the area of the manufacturing facility or the storage area in an establishment under a manufacturer licence.

It is a rule of a licence that the size or location of a service area must not be changed unless the licence is amended to allow for the change.

This

section does not apply to a catering licence.

Record-keeping requirements

This

section applies to all licensees except for a licensee who holds a U-Brew and U-Vin licence.

A licensee must keep the following records, as applicable, for a period of at least 6 years from the creation of the records:

liquor purchase records;

liquor sales records, including quantity of liquor sold and prices charged;

liquor disposal records;

food sales records;

sales records respecting other goods sold or services provided by the licensee in the establishment;

contracts with other licensees;

invoices and purchase receipts for all equipment and other inventory that is used in the operation of the establishment;

management contracts and leases that are related to the establishment;

records of incidents described in subsection (3) that occurred in or adjacent to the establishment and, in the case of a licensee who holds an authorization, that occurred in or adjacent to an event site under the authorization;

records of court orders and judgments against a licensee respecting the sale, service or manufacture of liquor;

employee records including names, addresses, salaries, primary job responsibilities, shift schedules and dates of employment;

the following records respecting employees who sell or serve liquor:

the employee's name;

the number of the employee's certificate of completion for the SIR program and, if the certificate shows an expiry date, that date;

iii

if the employee meets the training requirements under

section 60 (2) of the Act by successfully completing a liquor service training program offered by another province, the name of the program and province and, if the certificate of completion for the program shows an expiry date, that date.

The incidents to be recorded for the purposes of subsection (2) (

i) are incidents, such as fights or other disturbances and accidents, that adversely affect

patrons or staff,

people who live or work in buildings adjacent to the establishment or event site, or

the operation of the establishment or event site.

A licensee must prepare and maintain a register of liquor purchased and received and must keep the register for a period of at least 6 years from the making of each entry.

In addition to the records and register referred to in subsections (2) and (4), a caterer must keep the following records, as applicable, for a period of at least 6 years from the creation of the records:

catering authorizations issued to the caterer;

records that accompanied any application by the caterer for a catering authorization;

catering contracts entered into by the caterer.

[am. B.C. Reg. 291/2016, Sch. 1, s. 9.]

Separation from adjoining areas

It is a requirement of every licence that the service area must be separated, in a manner satisfactory to the general manager, from any adjacent area that is not subject to a licence.

If an establishment under a licence adjoins an establishment under another licence, it is a requirement of both licences that their service areas be separated in a manner satisfactory to the general manager.

If an event site adjoins an establishment, it is a requirement of the authorization or permit for the event site and the licence for the establishment that their service areas be separated in a manner satisfactory to the general manager.

Sales practices

A licensee must not

provide unlimited or unspecified quantities of liquor for a single price, or

use a sales strategy that is likely to promote or encourage intoxication.

A caterer does not contravene subsection (1) (

b) because the caterer is providing drinks containing liquor to patrons at no charge at an event catered by the caterer.

Information for patrons

A licensee whose licence authorizes the sale of drinks containing liquor must provide to patrons on request a list that shows the quantities of liquor in the drinks and the prices for the drinks.

Minimum liquor prices

This

section applies to drinks containing liquor sold under the authority of the following:

a liquor primary licence, except for liquor sold under an off-premises sales endorsement;

a food primary licence;

a temporary use area authorization;

a lounge endorsement;

a special event area endorsement.

It is a requirement of the licences, authorization and endorsements subject to this

section that the price of drinks containing liquor for a type of liquor must be at least the price set out opposite that type of liquor in the following table:

Table

Item

Liquor Type

Price per oz. or 28.4 ml (not including sales tax)

Beer or cider not sold in bottles or cans, if the serving size is less than 50 oz. or 1.42 litres

$0.25

Beer or cider not sold in bottles or cans, if the serving size is 50 oz. or 1.42 litres or greater

$0.20

Beer, cider or coolers made with wine or spirits sold in bottles or cans

$0.25

Wine, other than cider or coolers made with wine

$0.60

Spirits

$3.00

Taking drinks to hotel rooms

Subject to limitation by the general manager and subsection (3), a licensee may allow a patron who is sold or served a drink containing liquor in the service area under a liquor primary or food primary licence that is located in a hotel to remove the drink from the service area and take the drink to a private guest room in the hotel if

the licensee is the owner of the hotel,

the licensee is satisfied that the patron is a registered guest of the hotel assigned to the private guest room or that the patron will accompany a registered guest to the private guest room, and

the patron takes a direct route to the room.

A patron who is taking a drink containing liquor to a private guest room in accordance with subsection (1) may possess the drink in an open container and consume the drink while taking it to the private guest room.

A licensee must not allow a patron to remove a drink containing liquor from the service area if

the licensee believes the patron is intoxicated, or

the patron has acted in a violent, quarrelsome, riotous or disorderly manner in the service area.

Drinks at check-in

Subject to limitation by the general manager, a licensee who holds a liquor primary licence with a service area located in a hotel may, if the licensee is the owner of the hotel, remove liquor from the service area and take it to the lobby or reception area of the hotel for the purpose of serving drinks containing liquor to guests of the hotel when the guests check in.

Employees of a hotel may serve drinks containing liquor provided by the licensee under subsection (1) to guests of the hotel when the guests check in if

the drinks are served in the lobby or reception area of the hotel, and

each guest is served no more than one drink that contains a maximum of 375 millilitres of beer, 150 millilitres of wine or 45 millilitres of spirits.

A guest checking into a hotel who is served a drink containing liquor in accordance with subsection (2) may possess the drink in an open container and consume the drink

in the lobby or reception area of the hotel, or

on the way to a private guest room if the guest takes a direct route to the room.

Room service

This

section applies to an establishment that

is the subject of a liquor primary licence, a food primary licence or a manufacturer's licence endorsed with a lounge endorsement, and

is located in a hotel.

Subject to limitation by the general manager, the licensee may

despite sections 10 (1) (b), 18 (1) (

c) and 33 (1) (a), sell and serve liquor to registered guests in their rooms during any period that room service meals are available to those guests, and

supply or operate a minibar service that offers liquor for purchase at any time in guest rooms.

Drinks on golf courses

A patron who purchases a drink containing liquor from a service area on a golf course may remove the drink from the service area if the patron takes the drink, using a direct route, to another service area on the golf course.

A patron who is taking a drink containing liquor to another service area on the golf course in accordance with subsection (1) may possess the drink in an open container and consume the drink while taking it to the other service area.

Clearing patrons after hours of liquor service

Unless otherwise authorized by the general manager, a licensee in respect of the following licences must ensure that patrons are cleared from the service area within 1/2 hour after the end of the hours of liquor service:

liquor primary licence in respect of a service area in the establishment under the licence;

manufacturer licence in respect of the service area under a lounge, special event area or picnic area endorsement.

Taking liquor from patrons after hours of liquor service

Unless otherwise authorized by the general manager, the following licensees in respect of the following patrons must ensure that liquor is taken from the patrons within 1/2 hour after the end of the hours of liquor service:

a licensee who holds a food primary licence in respect of patrons in the service area in the establishment under the licence;

a licensee who holds a catering authorization in respect of patrons in the service area under the authorization;

a licensee who holds a temporary use area authorization in respect of patrons in the service area under the authorization.

Subsection (1) does not apply to an unfinished bottle of wine that is sealed in accordance with

section 141 (4) (a).

Consumption of liquor after hours of liquor service

Unless otherwise authorized by the general manager, a licensee must not allow a patron to consume liquor in the service area after 1/2 hour after the end of the hours of liquor service.

A patron must not consume liquor in a service area after 1/2 hour after the end of the hours of liquor service, but, if the general manager has authorized the licensee to allow patrons to consume liquor in the service area for a longer period, a patron must not consume liquor in the service area after the end of the longer period.

Dormant licences — prescribed period

The prescribed period for the purposes of

section 49 (5) of the Act is 2 years.

[en. B.C. Reg. 271/2018.]

Dormant licences — prescribed circumstances

92.1

In this section, dormancy period means the period that begins on the date that a licensee ceases operations in an establishment and ends 2 years after that date.

This

section sets out the prescribed circumstances for the purposes of

section 49 (5) of the Act.

A prescribed circumstance is that the licensee satisfies the general manager that

the licensee started, at the beginning of or during the dormancy period, construction to renovate the establishment that prevented the establishment from operating,

the construction would normally be completed by the end of the dormancy period, and

the construction is not completed by the end of the dormancy period due to reasons beyond the control of the licensee, the construction is continuous after the dormancy period and the operations in the establishment restart as soon as practicable after the construction is completed.

A prescribed circumstance is that the licensee satisfies the general manager that

the establishment was substantially damaged or destroyed by fire, flood or other event beyond the licensee's control at the beginning of or during the dormancy period,

the construction to renovate or rebuild the establishment would not normally be completed by the end of the dormancy period,

the construction started during the dormancy period and is continuous to the end of the dormancy period, and

the construction is continuous after the dormancy period and the operations in the establishment restart as soon as practicable after the construction is completed.

A prescribed circumstance is that the licensee satisfies the general manager that

the licensee started construction to demolish and replace the building that is the establishment or in which the establishment is located at the beginning of or during the dormancy period,

the construction would not normally be completed by the end of the dormancy period,

the construction started during the dormancy period and is continuous to the end of the dormancy period, and

the construction is continuous after the dormancy period and the operations in the establishment restart as soon as practicable after the construction is completed.

A prescribed circumstance is that the licensee satisfies the general manager that

the owner of the building in which the establishment is located who is not the licensee initiated construction on the building at the beginning of or during the dormancy period and the construction prevented the establishment from operating,

the construction extends past the end of the dormancy period, and

the operations in the establishment restart as soon as practicable after the construction is completed.

For the purposes of subsections (3) (c), (4) (

c) and (

d) and (5) (

c) and (d), construction is considered to be started or to be continuous if the general manager is satisfied that

the licensee made genuine attempts to have the construction start or be continuous but an event beyond the licensee's control prevented the construction from starting or being continuous, and

the construction starts or continues as soon as practicable after the licensee is no longer prevented from doing so by the event.

A prescribed circumstance is that the licensee satisfies the general manager that

the licensee was prevented from operating the establishment at the beginning of or during the dormancy period for reasons beyond the licensee's control,

the reasons are not described in subsection (3), (4), (5) or (6), and

the operations in the establishment restart as soon as practicable after the licensee is no longer prevented from operating the establishment because of those reasons.

[en. B.C. Reg. 271/2018; am. B.C. Reg. 165/2020.]

Authorizations

Classes of Authorizations

Classes

The following classes of authorizations are established:

catering authorization;

temporary use area authorization;

market authorization;

temporary off-site sale authorization.

Repealed. [B.C. Reg. 241/2016, s. 109.5.]

[am. B.C. Regs. 110/2020, s. 1; 241/2016, s. 109.5.]

Catering Authorizations

Eligibility to hold catering authorization

A catering authorization may be issued to a caterer who holds any of the following:

a catering licence;

a liquor primary licence endorsed with a catering endorsement;

a food primary licence endorsed with a catering endorsement.

Authorized activities

A catering authorization authorizes

the licensee to sell and serve to the host and patrons at a catered event drinks containing liquor in the service area under the authorization, and

the host and patrons at a catered event to consume the drinks containing liquor in the service area under the authorization.

Application

An application for a catering authorization must include the following:

the name of the host of the catered event;

the nature of the catered event;

the date, time and location of the catered event;

an estimate of the maximum number of people who will be at the event site at one time.

Rules and requirements

The following rules and requirements apply to a catering authorization:

all means of access to the service area must be supervised to the satisfaction of the general manager;

subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 4 a.m. the next day;

unless exempted by the general manager, food and non-alcoholic beverages must be available to the patrons at reasonable prices or without charge;

the event site, and the catered event, must comply with local bylaws and health and fire regulations;

the number of people at the event site at one time must not exceed the maximum attendance specified on the authorization;

if there is an occupant load for the event site, the number of people at the event site at one time must not exceed the occupant load.

Temporary Use Area Authorizations

Eligibility to hold temporary use area authorization

A temporary use area authorization may be issued to a licensee who holds a liquor primary or food primary licence endorsed with a temporary use area endorsement.

Authorized activities

A temporary use area authorization authorizes

the licensee to sell drinks containing liquor to patrons in the service area under the authorization, and

a patron to consume the drinks containing liquor in the service area under the authorization.

Application

An application for a temporary use area authorization must include the following information:

the date, time and location of the event that is proposed to be the subject of the temporary use area authorization;

a description of the event;

an estimate of the maximum number of people who will be at the event site at one time.

Rules and requirements

The following rules and requirements apply to a temporary use area authorization:

all means of access to the service area must be supervised to the satisfaction of the general manager;

the number of people at the event site at one time must not exceed the maximum attendance specified on the authorization;

if there is an occupant load for the event site, the number of people at the event site at one time must not exceed the occupant load.

Market Authorizations

Eligibility to hold market authorization

A market authorization may be issued to a licensee who holds a manufacturer licence endorsed with an on-site store endorsement.

Authorized activities

A market authorization authorizes

the licensee

to sell liquor in unopened containers to patrons in a market in a service area under the authorization, and

to serve samples of liquor to patrons in a market in the service area under the authorization, and

a patron to consume the samples of liquor in the service area under the authorization.

Information to be included in application

An application for a market authorization must include the following information:

the name of the person who manages or carries on the market that is proposed to be the subject of the authorization;

in the case of an application in respect of a market managed or carried on by a corporation under the Business Corporations Act , Societies Act ,

Canada Business Corporations Act or Canada Not-for-profit Corporations Act , the registration number shown on the certificate of incorporation, continuation or amalgamation of the corporation;

the date, time and location of the market that is proposed to be the subject of the authorization.

Rules and requirements

The following rules and requirements apply to a market authorization:

the activities authorized by the authorization may take place only during the hours that the market is open and only during the hours stated in the licensee's on-site store endorsement;

the licensee must not sell or serve samples of liquor other than liquor that is permitted to be sold under the licensee's on-site store endorsement.

Temporary Off-Site Sale Authorizations

Eligibility to hold temporary off-site sale authorization

A temporary off-site sale authorization may be issued to a licensee who holds one of the following licences endorsed with a temporary off-site sale endorsement:

a licensee retail store licence;

a wine store licence;

a special wine store licence.

Authorized activities

A temporary off-site sale authorization authorizes the licensee to sell liquor in unopened containers to patrons in the service area under the authorization at a food or beverage festival for which a special event permit has been issued.

Information to be included in application

An application for a temporary off-site sale authorization must include the following information:

the name of the permittee who holds the special event permit for the food or beverage festival;

the name of the food or beverage festival in respect of which the special event permit has been issued;

the date, time and location of the food or beverage festival in respect of which the special event permit has been issued;

the hours during which the applicant proposes to sell liquor at the food or beverage festival.

Rules and requirements

The following rules and requirements apply to a temporary off-site sale authorization:

subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.;

sales of liquor must be recorded as sales from the licensee retail store, wine store or special wine store, as the case may be;

in the case of an authorization granted in respect of a wine store or special wine store licence, the licensee who holds the licence may sell only the wine that is permitted to be sold under the licence.

Repealed

109.1-109.5

Repealed. [B.C. Reg. 241/2016, s. 109.5.]

Permits

Classes of Permits

Classes

The following classes of permits are established:

special event permit;

charitable auction permit;

ethyl alcohol purchase permit.

Special Event Permits

Definitions

In this Division:

private special event means any of the following events:

an event for the tasting of products of a manufacturer;

an event of a social, cultural, recreational, religious, sporting or community nature;

a celebration of a family or religious event including, without limitation, a wedding, wedding anniversary or birthday;

a competitive event for the evaluation or judging of wine or beer;

public special event means the following events that are open to the public:

an event for a community or public celebration;

an event for the tasting of liquor to acquaint the public with products of a manufacturer;

special event means a private special event or a public special event.

Authorized activities

A special event permit authorizes

the permittee to sell or serve drinks containing liquor to patrons in the service area under the permit at a special event, and

a patron to consume drinks containing liquor in the service area under the permit.

Application requirements

A special event permit must not be issued for a private special event described in paragraph (a) [tastings] or paragraph (b) [social] of the definition of "private special event" in

section 111 unless the following conditions are met:

the applicant is a corporation, partnership or sole proprietorship or a representative of an unincorporated organization;

attendance at the event will be limited to the applicant and the applicant's staff or members of the unincorporated organization, invited guests or persons who have purchased or been given tickets before the event.

A special event permit must not be issued for a private special event described in paragraph (

c) of the definition of "private special event" [family celebration] in

section 111 unless the following conditions are met:

the applicant is a member or a close friend of the family;

attendance at the event will be by prior invitation only and invitations will be extended only to family members, friends of the family and those officiating at the event.

A special event permit must not be issued for a private special event described in paragraph (

d) of the definition of "private special event" [wine or beer competition] in

section 111 unless the following conditions are met:

the applicant is a non-profit corporation or a representative of a non-profit organization;

attendance at the event will be limited to the applicant and the applicant's staff or members of the non-profit organization, to invited guests or to persons who have been given tickets before the event;

awards or another form of recognition will be granted to the makers of the wine or beer based on evaluation or judging.

A special event permit must not be issued for a public special event unless the applicant is a corporation, partnership or sole proprietorship or a representative of an unincorporated organization.

[am. B.C. Regs. 291/2016, Sch. 1, s. 10; 231/2017, s. 5.]

Purpose of event

The general manager may establish a cost recovery price list that sets out the prices for drinks containing liquor that the general manager considers sufficient to allow a permittee who holds a special event permit to operate a special event on a cost recovery basis.

If the price that an applicant for a special event permit intends to charge for a drink containing liquor to be sold under the permit exceeds the price for that drink set out on the general manager's cost recovery price list, the general manager must not issue the permit unless

the general manager is satisfied that the purpose of the event is to raise funds for a charitable purpose and the applicant will comply with the applicable rule set out in

section 117.1 (2) or (3), or

the applicant has applied for exemption from

section 117.1 (2) or (3), as applicable, and the general manager will grant the exemption under

section 117.1 (4).

[am. B.C. Reg. 137/2017, s. 3.]

Other permissions required

A special event permit must not be issued for a special event that is to be held on lands or premises owned or operated by a local government or first nation or by the provincial or federal government unless the applicable government or first nation gives its written permission for the event.

Application — information to be included

The following information must be included in an application for a special event permit:

the name and contact information of the applicant;

if the applicant is not an individual, the name of an individual who is designated to represent the applicant and the individual's contact information;

a description and the name of the special event;

the date, time and location of the special event;

an estimate of the number of people who will attend the special event per day and an estimate of the maximum number of people who will be in the service area at one time;

if the special event is being held by a business corporation, partnership or sole proprietorship, the business number as defined in the Income Tax Act (Canada) of the corporation, partnership or sole proprietorship;

the prices that will be charged for drinks containing liquor.

Repealed. [B.C. Reg. 137/2017, s. 4.]

[am. B.C. Reg. 137/2017, s. 4.]

Rules and requirements

A special event permit is subject to the following rules and requirements:

in the case of a permittee who is an individual, the permittee or the permittee's delegate must be present at the event site during the hours of liquor service;

in the case of a permittee that is not an individual, the permittee's designated representative or the representative's delegate must be present at the event site during the hours of liquor service;

in the case of a private special event described in paragraph (a) [tastings] or paragraph (b) [social] of the definition of "private special event" in

section 111, attendance at the event must be limited to the permittee and the permittee's staff or members of the unincorporated organization, to invited guests or to persons who purchased or were given tickets before the event;

in the case of a private special event described in paragraph (

c) of the definition of "private special event" [family celebration] in

section 111, attendance at the event must be limited to the following who received invitations before the event:

family members and friends of the family;

those officiating at the event;

in the case of a private special event described in paragraph (

d) of the definition of "private special event" [wine or beer competition] in

section 111,

attendance at the event must be limited to the permittee and the permittee's staff or members of the non-profit organization, to invited guests or to persons who have been given tickets before the event, and

awards or another form of recognition must be granted to the makers of the wine or beer based on evaluation or judging;

subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 4 a.m. the next day;

the price of drinks containing liquor sold under the permit must not exceed the price specified on the permit;

the quantity of liquor sold at the event must not exceed the maximum quantity specified on the permit;

the number of people in attendance at the event site in a day must not exceed the maximum daily attendance specified on the permit;

the number of people in the service area at one time must not exceed the maximum attendance specified on the permit;

if there is an occupant load for the service area, the number of people in the service area at one time must not exceed the occupant load;

the service area must be enclosed and all means of access to the service area must be supervised to the satisfaction of the general manager.

Charitable purposes

117.1

This

section applies when a permittee who holds a special event permit sells a drink containing liquor for a price that exceeds the price for that drink set out on the general manager's cost recovery price list.

If a permittee is a non-profit corporation or a representative of a non-profit organization, it is a rule of the permit that the profit made at the special event must be used for a charitable purpose by the non-profit corporation or non-profit organization or by another non-profit corporation or non-profit organization.

If a permittee is not a non-profit corporation or representative of a non-profit organization, it is a rule of the permit that the profit made at the special event must be donated to a non-profit corporation or non-profit organization whose primary function is to carry out charitable purposes.

The general manager may exempt a permittee who holds a special event permit from subsection (2) or (3).

[en. B.C. Reg. 137/2017, s. 5.]

Sales practices

A permittee who holds a special event permit must not

provide unlimited or unspecified quantities of liquor for a single price unless authorized by the general manager, or

use a sales strategy that is likely to promote or encourage intoxication.

Information for patrons

A permittee who holds a special event permit must provide to patrons on request a list that shows the quantities of liquor in the drinks containing liquor sold under the permit and the prices for the drinks.

Sources of liquor

For the purposes of

section 8 (3) (

b) of the Act, a permittee under a special event permit who is a non-profit corporation or non-profit organization may sell or serve liquor that has been purchased from the Liquor Distribution Branch and donated to the permittee by a licensed manufacturer or licensed agent if the purpose of the special event is to raise funds for a charitable purpose.

For the purposes of

section 8 (3) (

b) of the Act, a permittee who holds a special event permit issued for a private special event described in paragraph (

c) or (

d) of the definition of "private special event" in

section 111 may serve wine and beer that is not commercially manufactured.

Records

A permittee who holds a special event permit must keep the following records at the event site when liquor is sold or served under the permit:

the special event permit and any records submitted with the application for the permit;

section 115 applies, the written permission of the applicable government or first nation;

records showing the amount of and price paid for liquor purchased for the special event and records showing the amount of liquor sold or served under the permit, the prices charged and the revenue from those sales;

the following records respecting the staff who sell or serve liquor:

the staff members' names;

the numbers of their certificates of completion for the SIR program or SES program and, if the certificates show an expiry date, that date;

iii

if a staff member meets the training requirements under

section 60 (2) of the Act by successfully completing a liquor service training program offered by another province, the name of the program and province and, if the certificate of completion for the program shows an expiry date, that date.

A person who is issued a special event permit must keep the records referred to in subsection (1) for at least 2 years after the permit expires.

Donation after special event

This

section applies

when a permittee who holds a special event permit sells a drink containing liquor for a price that exceeds the price for that drink set out on the general manager's cost recovery price list, and

the general manager has not exempted the permittee from

section 117.1 (2) or (3), as applicable.

If a non-profit corporation or a representative of a non-profit organization held the permit, the former permittee must, within 60 days after the permit expires, provide a report to the general manager that

contains financial statements showing the revenue and expenses for the special event and the amount of profit made at the special event, and

sets out the name of the non-profit corporation or non-profit organization who will receive the profit made at the special event and a description of the charitable purpose for which the profit will be used.

If the permit was not held by a non-profit corporation or representative of a non-profit organization, the former permittee must, within 60 days after the permit expires,

donate the profit from the special event to a non-profit corporation or non-profit organization whose primary function is to carry out charitable purposes, and

provide a report to the general manager that contains

financial statements showing the revenue and expenses for the special event and the amount of profit made at the special event, and

proof that the profits have been donated in accordance with paragraph (a).

[am. B.C. Reg. 137/2017, s. 6.]

Prescribed class of permits —

section 33 of Act

The prescribed class of permits for the purposes of

section 33 of the Act is the special event permit.

Charitable Auction Permits

Definition

In this Division, charitable auction means an auction held under a charitable auction permit.

Eligibility to hold permit

A charitable auction permit may be issued to a non-profit corporation or a representative of a non-profit organization.

Authorized activities

A charitable auction permit authorizes a permittee to sell liquor in unopened containers from the service area under the permit by auction for the purpose of raising funds for a charitable purpose.

Repealed

Repealed. [B.C. Reg. 172/2017, s. 2.]

Maximum duration

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

Liquor purchased or acquired

For the purposes of

section 8 (3) (

b) of the Act, a permittee who holds a charitable auction permit may sell by charitable auction liquor that was

lawfully purchased,