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c) Queen's Printer,

Victoria, British Columbia, Canada

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Disclaimer

1998/99 Legislative Session: 3rd Session, 36th Parliament

FOR REPORT

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 12th day

of July, 1999

Ian D. Izard, Law Clerk

HONOURABALE JOY K. MacPHAIL

MINISTER OF FINANCE AND CORPORATE RELATIONS

BILL 80 – 1999

LIQUOR STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Liquor Control and Licensing Act

Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267,

is amended

(

a) in the definition of "agent" by striking out "means"

and substituting "means, for the purposes of

section 52," ,

(

b) by repealing the definition of "licensee" and substituting

the following:

"licensee" means

(

a) a person licensed under this Act to sell liquor, including

(

i) a person carrying on the business of a brewery, winery or

distillery, and

(ii) a person holding a special occasion licence, or

(

b) a person holding a licence under

section 12.1; ,

(

c) by repealing the definition of "products" , and

(

d) by adding the following

definitions:

"advertise" means, in respect of liquor or the

availability of liquor,

(

a) to exhibit or display, or permit to be exhibited or displayed,

a notice respecting liquor

(

i) by an electric, illuminated or other sign, contrivance or

device, or

(ii) on a building, signboard, billboard, vehicle or other place

in public view, or

(

b) to publish, broadcast, distribute or display a sign, notice,

circular, letter, poster, handbill, card, price list or information in any format that

(

i) names, represents, describes or refers to liquor, or to the

qualities or quantities of a liquor,

(ii) gives the name or address of a person manufacturing or

dealing in liquor, or

(iii) states or indicates where liquor may be obtained or

purchased;

"fine" means a fine imposed as a result of a

conviction for an offence under this Act;

"first nation" means

(

a) in relation to a reserve, as defined in the Indian Act

(Canada), the council of the band that is entitled to the use of that reserve under that

Act, and

(

b) in relation to an area under its jurisdiction, any prescribed

aboriginal governing body;

"local government" means,

(

a) in relation to a regional district, the board of the regional

district,

(

b) in relation to a municipality, the council of the

municipality, and

(

c) in relation to a local trust area under the Islands Trust

Act, the local trust committee or the executive committee acting as local trust

committee for that area;

"monetary penalty" means a monetary penalty

imposed under

section 20 (2) (c); .

Section 6 is amended

(

a) by adding the following paragraph:

(c.1) inform local government, first nations and local law

enforcement agencies of enforcement action taken by the general manager under sections 20,

22 and 23, , and

(

b) by repealing paragraph (d).

Section 10 (3) is repealed.

Section 11 is repealed and the following substituted:

Licensing area

11 For the purposes of this Act, British Columbia is one

licensing area.

Recommendations of local government or first nation on issuance

of licence

11.1

(1) A licence of a prescribed class or category must

not be issued for an establishment under

section 12 unless, in the prescribed

circumstances, the general manager has given the local government or first nation for the

area in which the establishment is proposed to be located notice of the licence

application in accordance with the regulations.

(2) A local government or first nation that receives notice under

subsection (1) must, if it wishes to provide comments and recommendations under this

section with respect to the licence application,

(

a) take into account the prescribed criteria before providing the

comments and recommendations,

(

b) provide the comments and recommendations to the general

manager

(

i) in the prescribed manner, and

(ii) within the prescribed time period, or any further period

authorized by the general manager, and

(

c) in the prescribed circumstances, gather the views of residents

of an area determined by the local government or first nation in respect of the

application by

(

i) receiving written comments in response to a public notice of

the licence application,

(ii) conducting a public hearing in respect of the licence

application,

(iii) holding a referendum, or

(iv) any other similar method determined by the local government

or first nation.

(3) Subject to

section 11.2, if the local government or first

nation recommends that the licence applied for not be issued, the general manager must not

issue the licence.

(4) Subject to

section 11.2, if the local government or first

nation recommends that the licence applied for be issued, the general manager must take

that recommendation into account in deciding whether to issue the licence under

section

(5) An applicant for a licence under

section 12 must not obtain or

attempt to obtain the comments or recommendations of the local government or first nation

for the area in which the establishment is proposed to be located regarding the licence

application until

(

a) the completed application is received by the general manager

under

section 15, and

(

b) the general manager has given notice to the local government

or first nation under subsection (1) of this section.

General manager's role

11.2

(1) Despite

section 11.1, if the general manager is

satisfied that

(

a) the local government or first nation that provided comments

and recommendations under

section 11.1 (2) failed to comply with that section, or

(

b) the recommendation of the local government or first nation

under

section 11.1 (3) or (4) is not in the public interest

the general manager, before deciding whether or not to issue the

licence under

section 12, must provide an opportunity for residents of an area determined

by the general manager to provide comments in respect of the licence application.

(2) In order to afford an opportunity for residents to provide

comments under subsection (1), the general manager may direct that a public hearing or a

referendum be held

(

a) in a manner required by the general manager, and

(

b) at the applicant's expense.

(3) After providing an opportunity for comments under subsections

(1) and (2), if the general manager is of the opinion that

(

a) a majority of the residents are in favour of the licence

application, the general manager may, subject to subsection (4), issue the licence under

section 12, or

(

b) a majority of the residents are not in favour of the licence

application, the general manager must not issue the licence under

section 12.

(4) Despite subsection (3) (a), if a referendum is held under

subsection (2), the general manager must not further consider the licence application

unless 60% of the residents in the area referred to in subsection (1) who vote, favour the

issuing of the licence.

(5) If notice is provided under

section 11.1 (1) and the general

manager does not receive comments and recommendations from the local government or first

nation in respect of the licence application, the general manager must, in deciding

whether or not to issue the licence under

section 12, take into account

(

a) the prescribed criteria referred to in

section 11.1 (2) (a),

and

(

b) in the prescribed circumstances, the views of residents of an

area determined by the general manager gathered in any manner in which the local

government or first nation may gather them.

Comments of local government or first nation on amendment or

renewal of licence

11.3

(1) A licence of a prescribed class or category issued

under

section 12 must not be amended or renewed under that

section unless, in the

prescribed circumstances, the general manager has given the local government or first

nation for the area in which the licensed establishment is located notice of the proposed

amendment or renewal in accordance with the regulations.

(2) A local government or first nation that receives notice under

subsection (1) must, if it wishes to provide comments under this

section with respect to

the proposed amendment or renewal,

(

a) take into account the prescribed criteria before providing the

comments,

(

b) provide the comments to the general manager

(

i) in the prescribed manner, and

(ii) within the prescribed time period, or any further period

authorized by the general manager, and

(

c) in the prescribed circumstances, gather the views of residents

of an area determined by the local government or first nation in respect of the proposed

amendment or renewal by any of the methods set out in

section 11.1 (2) (c).

(3) If the local government or first nation provides comments, or

provides the views of residents, on the proposed amendment or renewal, the general manager

must take those comments or views into account in deciding whether or not to amend or

renew the licence under

section 12.

Local government or first nation may impose fees

11.4

(1) A local government may, by bylaw, impose fees on

applicants for the issue, amendment or renewal of a licence under

section 12 in order to

recover the costs incurred by the local government in

(

a) the assessment of licence applications under

section 11.1, or

(

b) the assessment of proposed amendments and renewals under

section 11.3.

(2) A first nation may, by any authorized method, impose the fees

described in subsection (1) in order to recover the costs it incurs in conducting the

assessments referred to in that subsection.

(3) Fees imposed under subsection (1) or (2) may be different for

(

a) different classes or categories of licence applications,

amendments or renewals, and

(

b) different methods used to conduct the assessments referred to

in subsection (1).

Moratorium on licence applications

11.5

(1) A local government or first nation may, by

resolution and the operation of subsection (7), create a moratorium on applications under

section 15 for the issue of prescribed classes or categories of licences under

section 12

that are specified in the resolution.

(2) A resolution adopted under subsection (1) may apply to all or

any part of the area over which the local government or first nation has jurisdiction.

(3) A resolution adopted under subsection (1) must specify the

effective date of the moratorium.

(4) A resolution adopted under subsection (1) may not apply to a

period longer than one year and may only be renewed by resolution for further periods of

one year if the local government or first nation

(

a) holds a public hearing with respect to the proposed extension,

and

(

b) is satisfied that a majority of residents in the area to which

the resolution applies are in favour of the extension.

(5) Division 4 of

Part 26 of the Municipal Act applies to a

public hearing held under subsection (4).

(6) A copy of a resolution adopted under subsection (1) must be

deposited with the general manager at least 60 days before the effective date of the

moratorium in order to be effective on that date.

(7) If the general manager receives a copy of a resolution under

subsection (6) and while that resolution is in effect, the general manager must not accept

an application under

section 15 for a licence

(

a) for an establishment proposed to be located in the area to

which the resolution applies, and

(

b) of the class or category specified in the resolution.

(8) A moratorium created under this

section does not apply to

those completed applications received by the general manager under

section 15 before the

effective date of the moratorium.

Section 12 (3) is amended

(

a) in paragraph (

f) by striking out "class of licensee"

and substituting "class or category of licensee" , and

(

b) by striking out "and" at the end of paragraph (

h) and

by adding the following paragraphs:

(

j) specify the manner in which sponsorship by a liquor

manufacturer or an agent under

section 52 may be conducted and place restrictions on the

types of events, activities or organizations that may be sponsored,

(

k) specify requirements for reporting and record keeping, and

(

l) control signs used in or for an establishment.

6 The following

section is added:

Licences for U-Brew or U-Vin establishments

12.1

(1) A person must not, without a licence issued under

this section, operate an establishment that provides goods, facilities or services to

persons producing or manufacturing wine, beer or cider in the establishment for their own

consumption or consumption at no charge by others.

(2) The general manager, having regard for the public interest,

may, on application, issue a licence for the operation of an establishment described in

subsection (1).

(3) The general manager may, in respect of any licence that is

being or has been issued under subsection (1), impose, in the public interest, terms and

conditions

subject under the regulations, or

(

b) that are in addition to those referred to in paragraph (a).

referred to in that subsection may

(

a) specify requirements relating to the respective roles of the

licensee and the person producing or manufacturing in regard to the production or

manufacturing process,

(

b) limit the days and hours that an establishment is permitted to

be open,

(

c) place limitations on the consumption of liquor in the

establishment,

(

d) establish rules regarding advertising by the licensee in

respect of the goods, facilities or services offered by the establishment, and

(

e) specify requirements relating to the storage of beer, wine or

cider in the establishment.

(5) Nothing in subsection (3) or (4) authorizes the general

regulations.

(6) A licence issued under this

section expires on the date

specified on it as the expiry date.

(7) The general manager may, on application by a licensee, amend

the terms of, renew or transfer a licence issued under this section.

(8) If the general manager, following application, refuses to

issue, amend the terms of, renew or transfer a licence under this section, the general

manager must give to the applicant or licensee written reasons for the decision.

Section 13 is amended by adding the following subsection:

(3.1) A licensee must be able to demonstrate to the satisfaction

of the general manager that the licensee actively supports, through the management of the

licensed establishment, the principles of the training programs referred to in subsections

(1) and (3).

Section 15 (1) is amended by striking out "in the prescribed

form" and substituting "in the form approved by the general

manager" .

Section 16 is amended

(

a) by repealing subsection (1) and substituting the following subsections:

(1) A licence must not be issued, renewed or transferred if, in

the general manager's opinion, the applicant

(

a) is not a fit and proper person,

(

b) is not the owner of the business carried on at the

establishment or the portion of the establishment to be licensed,

(

c) is not the owner or lessee of the establishment or the portion

of the establishment to be licensed, or

(

d) is disqualified under this Act or the regulations or has not

complied with the requirements of this Act or the regulations.

(1.1) A licence must not be issued, renewed or transferred if, in

the general manager's opinion, the primary purpose of the business carried on at the

establishment is not food or beverage service, entertainment or hospitality. ,

(

b) in subsection (2) by striking out "subsection (1) (a) (i)"

and substituting "subsection (1) (a)" , and

(

c) by repealing subsection (7).

10 The following

section is added:

Refusal to renew or transfer licence for unpaid penalties

16.1 The general manager may refuse to renew or transfer a

licence in respect of which a fine, monetary penalty or suspension has been imposed under

this Act if, at the date that the renewal or transfer is to take effect,

(

a) in the case of a fine, the fine has become payable under the Offence

Act, and has not been fully paid,

(

b) in the case of a monetary penalty,

(

i) the monetary penalty has become payable,

(ii) the time period for payment of the monetary penalty has

expired, and

(iii) the monetary penalty has not been fully paid, or

(

c) in the case of a suspension, the suspension has taken effect

and has not been fully served.

Section 18 is amended

(

a) in subsection (1) by striking out "or" at the end of

paragraph (

a) and by adding the following paragraphs:

(

c) to a person applying for or holding a licence under

section

12.1 who is associated with, connected with or financially interested in a person holding

a licence under

section 12 or 52, or

(

d) to a person applying for or holding a licence under

section 12

or 52 who is associated with, connected with or financially interested in a person holding

a licence under

section 12.1. ,

(

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

(2) If any of the conditions referred to in subsection (1) applies

to a person who is applying for a licence under this Act, the applicant must disclose the

condition to the general manager.

(2.1) If any of the conditions referred to in subsection

(1) applies to a licensee after the licence is issued, the licensee must disclose the

condition to the general manager.

(2.2) An action or other proceeding must not be brought or

commenced in a court in British Columbia in respect of an agreement, arrangement,

concession, obligation, undertaking or interest referred to in subsection (1). , and

(

c) in subsection (3) by striking out "Subsections (1) and (2) do

not apply" and substituting "This

section does not apply" .

Section 20 (1) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) the licensee's contravention of this Act or the regulations or

the licensee's failure to comply with a term or condition of the licence; , and

(

b) by adding the following paragraph:

(c.1) a failure by the licensee to take reasonable measures to

ensure that the operation of the establishment is not contrary to the public interest and

does not disturb persons in the vicinity of the establishment; .

Section 20 (2) is amended

(

a) by repealing paragraph (a), and

(

b) by repealing paragraphs (

c) and (

d) and substituting the following:

(

c) impose a monetary penalty on the licensee in accordance with

the prescribed

schedule of penalties;

(

d) suspend all or any part of the licensee's licence in

accordance with the prescribed

schedule of licence suspensions;

(

e) cancel all or any part of the licensee's licence;

(

f) order the licensee to transfer the licence, within the

prescribed period, to a person who is at arm's length from the licensee.

Section 20 is amended

(

a) by adding the following subsections:

(2.1) The general manager may, if he or she is satisfied that it

is in the public interest to do so,

(

a) impose a monetary penalty under subsection (2) (

c) that is

greater than the amount provided for in the prescribed

schedule of penalties, or

(

b) suspend a licensee's licence under subsection (2) (

d) for a

period longer than that provided for in the prescribed

schedule of suspensions.

(2.2) The general manager must, in taking action against a

licensee under subsection (2.1), take into account

(

a) the licensee's entire compliance history in respect of the

matters referred to in subsection (1), and

(

b) the particular circumstances giving rise to the taking of

action by the general manager.

(2.3) The general manager may not impose a monetary penalty

referred to in subsection (2.1) (

a) that is greater than the following amounts:

(

a) in the case of a licensee who is

an individual

(i) $25 000 for a contravention of

section 38 (1), and

(ii) $5 000 for any other reason

referred to in subsection (1) of this

section for taking action against the licensee;

(

b) in the case of a licensee that

is a corporation

(i) $50 000 for a contravention of

section 38 (1), and

(ii) $25 000 for any other reason

referred to in subsection (1) of this

section for taking action against the licensee.

(a) $50 000 for a contravention of

section 38 (1), and

(b) $25 000 for any other reason referred

to in subsection (1) of this

section for taking action against the licensee.

(2.4) If a corporation is liable to a monetary penalty imposed

under this

section in respect of a contravention of this Act or the regulations, an

employee, officer, director or agent of the corporation who authorizes, permits or

acquiesces in the contravention is also liable to the penalty.

(2.5) A person on whom a monetary penalty has been imposed under

this

section must pay the penalty whether or not the person

(

a) has been convicted of an offence under this Act or the

regulations, or

(

b) is also liable to a fine for an offence under this Act or the

regulations.

(2.6) A monetary penalty imposed under this

section must be paid

within 30 days after the date on which the notice referred to in subsection (4) (

a) is

provided to the licensee or within any longer period specified by the general manager.

(2.7) All monetary penalties received by the general manager under

this

section must be paid into the consolidated revenue fund. ,

(

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

(3) Despite subsection (2) (d), (

e) and (f), the general manager

must suspend, cancel or order the transfer of a licence held by a person who has been

convicted of a prescribed number of prescribed offences under the laws of Canada or

British Columbia. ,

(

c) by repealing subsection (4) and substituting the following:

(4) On taking action against a licensee under subsection (2), the

general manager must

(

a) provide the licensee with written notice of the action in

accordance with the regulations,

(

b) set out in the notice the reasons for taking the action,

(

c) set out in the notice the details of the action including

(

i) if a monetary penalty is imposed, the amount of the penalty

and the date by which the penalty must be paid, and

(ii) if a suspension is imposed, the period of the suspension and

the dates on which the suspension must be served, and

(

d) include in the notice the time limit and the process for

appealing the taking of action to the appeal board. , and

(

d) by repealing subsection (5).

Section 22 (2) is repealed.

16 Sections 23 (2) is repealed.

17 Sections 24, 25 and 26 are repealed.

Section 27 (

a) and (

b) is amended by striking out "the general

manager may" and substituting "the general manager may, in

accordance with the regulations," .

19 Sections 28 and 29 are repealed.

Section 30 is amended

(

a) by repealing subsection (6) and substituting the following:

(6) The appeal board and each member of it has the protection and

privileges of a commissioner under

section 12 of the Inquiry Act. ,

(

b) by repealing subsection (9), and

(

c) by adding the following subsection:

(11) A member of the appeal board who resigns or whose appointment

to the appeal board terminates may continue to act as a member in relation to an appeal

commenced during the member's term of appointment until the appeal is disposed of under

section 31 (8).

Section 31 is amended

(

a) by repealing subsection (2),

(

b) in subsection (3) (

c) by striking out "under

section 12,"

and substituting "under

section 12 or 12.1," ,

(

c) by adding the following subsections:

(5.1) An appeal brought under subsection (3) does not operate as a

stay or suspend the operation of the action, order or decision being appealed.

(5.2) Despite subsection (5.1), the appeal board may grant a stay

of any action of the general manager taken under

section 20 (2) or (3) until the appeal is

disposed of. ,

(

d) in subsections (6), (7) and (8) by striking out "subsection (3)

(a), (

b) or (c)" and substituting "subsection (3)" , and

(

e) by repealing subsection (9).

Section 40 (4) is amended by striking out "an offence under

section 41" and substituting "an offence under

section 48 (1) in

respect of a contravention of

section 41" .

Section 41 (1) is repealed and the following substituted:

(1) A person who is intoxicated must not be or remain in a public

place.

24 The following

section is added:

Public safety programs

45.1 A licensee must

(

a) establish, maintain and promote a designated driver program

for the licensed establishment in accordance with the regulations, and

(

b) provide non-alcoholic beverages, at a reasonable price, to

(

i) patrons who have identified themselves as designated drivers,

(ii) patrons remaining in the establishment after the expiry of

the period during which liquor is permitted to be served.

Section 48 is repealed and the following substituted:

Offences and penalties

(1) A person who contravenes this Act or the regulations

commits an offence.

(2) If the person convicted of an offence is an individual, the

individual is liable,

(

a) if convicted of an offence under this

section in respect of a

contravention of

section 38 (1), to a fine of not more than $50 000 or to

imprisonment for not more than 12 months, or to both, or

(

b) if convicted of any other offence, to a fine of not more than

$10 000 or to imprisonment for not more than 6 months, or to both.

(3) If the person convicted of an offence is a corporation, the

corporation is liable,

(

a) if convicted of an offence under this

section in respect of a

contravention of

section 38 (1), to a fine of not more than $100 000, or

(

b) if convicted of any other offence, to a fine of not more than

$50 000.

(4) Subject to the maximum fine referred to in subsection (2) (a),

section 4 of the Offence Act continues to apply to a person convicted of an offence

under this

section in respect of a contravention of

section 38 (1) of this Act.

Section 49 is amended

(

a) by repealing subsections (1) and (2),

(

b) in subsection (3) by striking out "municipal" and

substituting "local government" , and

(

c) by repealing subsection (4) and substituting the following:

(4) A licensed establishment that offers adult entertainment must,

at the entrance to the licensed establishment, post a notice to inform the public of the

nature of the entertainment.

Section 51 is repealed and the following is substituted:

Soliciting orders for liquor

51 A person must not canvass for, solicit, receive or take

orders for the purchase or sale of liquor, or act as agent for its purchase or sale,

except as provided by this Act and the regulations.

Advertising liquor

51.1

(1) Except as provided in the regulations, a person

must not advertise liquor or the availability of liquor.

(2) Subsection (1) ceases to operate to the extent that it

conflicts with or is inconsistent with legislation enacted by the Parliament of Canada for

the control and regulation of liquor advertising.

Section 53 (1) is amended by striking out everything after

"products" and substituting "to taste, as provided in the

regulations."

Section 54 is repealed and the following substituted:

Sponsorship

54 A liquor manufacturer or agent under

section 52 may,

manufacturer or agent by the general manager, sponsor an event, activity or organization

under the corporate name of the manufacturer or agent or under the brand name of the

product sold by the manufacturer or agent.

Section 55 (2) is repealed and the following substituted:

(2) This

section does not apply to a person producing or

manufacturing wine, beer or cider

(

a) in a residence, or

(

b) in an establishment licensed under

section 12.1

for the person's own consumption or consumption at no charge by

other persons.

Section 57 (4) is amended by striking out "must" and

substituting "may" .

Section 58 (2) to (5) is repealed and the following substituted:

(2) The person referred to in subsection (1) must, under

section

15, apply for a licence.

(3) On receiving the notice under subsection (1), the application

and fee under

section 15 and payment of the prescribed annual fee, the general manager

may, under

section 12, issue a licence for the winery, authorizing the licensee to do one

or more of the following:

(

a) produce or manufacture wine in accordance with the

regulations;

(

b) store and keep the wine in specified warehouses or storage

places;

(

c) use the wine for prescribed purposes;

(

d) sell the wine to another winery licensed under

section 12;

(

e) purchase wine from another winery licensed under

section 12;

(

f) sell the wine and wine produced by other wineries licensed

under

section 12, in accordance with the regulations, for consumption at the winery.

Section 62 is amended by adding the following subsections:

(3.1) Despite subsection (3), the general manager may, in

accordance with the regulations, direct the manner in which a toilet, confectionery,

culinary, cleaning or disinfecting preparation containing liquor sufficient to be used as

an alcoholic beverage must be sold, distributed and kept for sale.

(7) A person must not sell a preparation described in subsection

(1), (2), (3) or (3.1) without taking reasonable measures to ensure that the preparation

is being purchased for the intended purpose and is not being purchased for use as an

alcoholic beverage.

Section 70 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) If liquor is found by an officer or peace officer under

circumstances that satisfy the officer or peace officer that it is being possessed or kept

contrary to this Act or the regulations, the officer or peace officer may immediately

seize and remove the liquor and packages containing it and

(

a) may retain the liquor and packages to be dealt with under this

Act, or

(

b) may immediately destroy the liquor and packages.

(2) If liquor is seized under subsection (1) but is not destroyed

under subsection (1) (b), and no person by notice in writing filed with the general

manager within 30 days of the date of the seizure claims to be the owner of the liquor,

the liquor and the packages containing it are forfeited to the government. , and

(

b) by repealing subsection (4) and substituting the following:

(4) Only if within 30 days of the date of the seizure of liquor

under subsection (1) a person applies to the general manager claiming to be the owner of

the liquor, the general manager may, as soon as practicable after receiving notice of the

claim, on being satisfied of the person's claim,

(

a) in respect of liquor that is still in the custody of an

officer or a peace officer, order that the liquor be returned to the owner,

(

b) in respect of liquor that has been destroyed by a peace

officer under subsection (1) (b), require the police force of which the peace officer who

seized the liquor is a member to provide compensation to the owner, or

(

c) in respect of liquor that has been destroyed by an officer

under subsection (1) (b), provide for compensation to the owner by the branch.

(5) For the purposes of subsection (4) (

b) and (

c) compensation is

limited

(

a) if the liquor is or was listed for sale under the Liquor

Distribution Act, to the retail price under that Act of the destroyed liquor, or

(

b) if the liquor has never been listed for sale under the Liquor

Distribution Act, to the replacement value of the liquor as determined as if the

liquor were available for purchase through the Liquor Distribution Branch.

Section 73 is amended

(

a) by repealing subsections (1), (1.1) and (1.2) and substituting the following:

(1) To obtain information respecting the administration or

enforcement of this Act or the regulations, the general manager or a person designated by

the general manager may

(

a) require the licensee to produce any prescribed document

relating to the operation of the business licensed under this Act, and

(

b) inspect any of the following:

(

i) records in the possession of any person that may contain

information relating to goods shipped, carried or consigned or received for shipment or

carriage in British Columbia,

(ii) premises of any person set apart or used as a warehouse for

the storage of liquor, and

(iii) establishments licensed under this Act and records, liquor

and other things associated with the operation of the establishment.

(1.1) A person requiring the production of documents or carrying

out an inspection under subsection (1) may

(

a) retain the documents produced or remove records or things

relevant to the inspection for the purpose of making copies or extracts, and

(

b) take reasonable samples of liquor for testing and analysis.

(1.2) A person who retains the documents produced, removes records

or things or takes a sample must

(

a) give a receipt for the documents retained, records or things

removed or the sample taken, and

(

b) make any copy or extract, and return the documents, records or

things retained or removed, within a reasonable time. , and

(

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

(2) A person commits an offence if the person neglects or refuses

to do any of the following under this section:

(

a) produce a document required to be produced;

(

b) produce and submit a record or thing for inspection or a

sample of liquor;

(

c) allow premises to be inspected.

Section 76 is amended by adding the following subsection:

(3) If an offence under this Act is alleged to have been committed

by a corporation, a violation ticket required to be served under the Offence Act is

deemed to have been served on the corporation if it has been served on the officer or

agent of the corporation in charge of the establishment in which the offence is alleged to

have been committed.

Section 82 (1) is amended by adding "or" after

paragraph (

a) and by repealing paragraph (b).

Section 84 (2) is amended

(

a) in paragraph (

a) by striking out "classes of licences;"

and substituting "classes or categories of licences;" ,

(

b) in paragraph (

c) by striking out "classes of persons and

establishments;" and substituting "classes or categories of

persons and establishments;" ,

(

c) by repealing paragraph (

g) and substituting the following:

(

g) controlling signs used in, for or by agency stores, licensed

establishments, liquor manufacturers and agents under

section 52;

(g.1) respecting the advertising of liquor or the availability of

liquor; ,

(

d) by repealing paragraph (

i) and substituting the following:

(

i) respecting the issue, renewal, transfer and amendment of

licences; ,

(

e) in paragraph (j) (iv) by striking out "classes of

establishments" and substituting "classes or categories of

establishments" ,

(

f) by repealing paragraph (o), and

(

g) by adding the following paragraphs:

(

s) prescribing a

schedule of monetary penalties for the purposes

section 20 (2) (c);

(

t) prescribing a

schedule of licence suspensions for the purposes

section 20 (2) (d);

(

u) respecting the purposes for which establishments may be used

during any period when the sale of liquor is not permitted;

(

v) prescribing the practices and procedures to be followed by the

general manager in conducting hearings in respect of enforcement action taken under

section 20;

52;

(

x) respecting public tasting of product samples for the purposes

section 53 (1) and specifying any amounts, or the formula for calculating the amounts,

to be charged for the samples;

(

y) specifying the manner in which sponsorship by a liquor

manufacturer or an agent under

section 52 may be conducted and placing restrictions on the

types of events, activities or organizations that may be sponsored;

(

z) respecting liquor pricing in licensed establishments;

(z.1) respecting the size of portions of liquor served in licensed

establishments.

Section 84 is amended by adding the following subsections:

(2.1) Regulations made under subsection (2) (g.1) may adopt by

reference a code, standard or rule enacted as or under a law of Canada, as amended from

time to time.

(2.2) Without limiting subsection (2) (i), the Lieutenant Governor

in Council may make regulations providing for the conversion of licences from one class or

category to another class or category and the regulations may be different

(

a) for different classes or categories of licences, or

(

b) for licences of the same class or category that are issued at

different times.

(2.3) Regulations made under subsection (2) (

s) or (

t) may provide

for different monetary penalties or licence suspensions according to

(

a) the class or category of licence held,

(

b) the nature of the circumstances referred to in

section 20 (1)

on which the monetary penalty or licence suspension is based, including the type or

category of contravention of this Act or the regulations involved, or

(

c) the number of occurrences of the circumstances referred to in

paragraph (b).

Section 84 (3) is repealed and the following substituted:

(3) Regulations made under subsection (2) (

i) may

(

a) in the case of licences under

section 12, set terms and

conditions respecting all matters relating to the sale of liquor in establishments and all

matters relating to the operation of establishments, and

(

b) in the case of licences under

section 12.1, set terms and

conditions respecting all matters relating to the operation of establishments.

Section 84 (4) is amended

(

a) by striking out "Without limiting subsection (3),"

and substituting "Without limiting subsection (3) (a)," ,

(

b) by repealing paragraph (

a) and substituting the following:

(

a) provide for the issue of different classes or categories of

licences for different classes or categories of establishments, ,

(

c) by adding the following paragraph:

(d.1) provide for and regulate, in respect of a licence issued to

a club, the presence of persons other than club members in the licensed establishment; ,

(

d) by repealing paragraph (

g) and substituting the following:

(

g) specify the allowable seating and patron capacity for

different classes or categories of establishments, ,

(

e) by repealing paragraph (

h) and substituting the following:

(

h) specify requirements respecting the availability, service and

ordering of foods and non-alcoholic beverages in an establishment, , and

(

f) in paragraph (

j) by striking out "different classes of

establishments." and substituting "different classes or categories

of establishments."

Section 84 is amended by adding the following subsection:

(4.1) Without limiting subsection (3) (b), the terms and

conditions referred to in that subsection may

(

a) specify requirements for record keeping and reporting,

(

b) specify requirements relating to the respective roles of the

licensee and the person producing or manufacturing in regard to the production or

manufacturing process,

(

c) limit the days and hours that an establishment is permitted to

be open,

(

d) place limitations on the consumption of liquor in the

establishment,

(

e) establish rules regarding advertising by the licensee in

respect of the goods, facilities or services offered by the establishment, and

(

f) specify requirements relating to the storage of beer, wine or

cider in the establishment.

Section 84 (5) is repealed and the following substituted:

be different

(

a) for different classes or categories of licences prescribed, or

(

b) for licences of the same class or category that are issued at

different times.

Section 5 of the Supplement is repealed.

Liquor Distribution Act

45 The definition of "unlicensed manufacturer" in

section

1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by striking out "under

section 57 or 58" and substituting "under

section 12 or 57" .

Section 3 is amended by adding the following paragraph:

(

h) wine, beer or cider in an establishment licensed under

section

12.1 of the Liquor Control and Licensing Act.

Section 4 (1) is amended by adding the following paragraph:

(a.1) the person is in possession of the liquor pursuant to a

licence issued under

section 12.1 of the Liquor Control and Licensing Act; .

Section 25 (2) (

a) is amended by striking out "in cash" .

Section 28 is repealed and the following substituted:

Opening of liquor stores

28 The general manager must, by order, specify for each

liquor store or agency store the days and hours that store must remain open for the sale

of liquor.

Commencement

50 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada