Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 59, No. 20

241/2016

The British Columbia Gazette,

Part II

November 1, 2016

B.C. Reg. 241/2016 , deposited October 20, 2016, under the LIQUOR CONTROL AND LICENSING ACT [sections 80 to 85 and 122]. Order in Council 724/2016, approved and ordered October 19, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective January 23,

2017,

(

a) sections 1 to 82, 83 (a), (

c) and (d), 84 to 90, 92, 94 to 96, 98, 101 (

c) to (i), 102, 103, 105, 107, and 110 to 118 of the Liquor Control and Licensing Act , S.B.C. 2015, c. 19, are brought into force,

(

b) section 45 (

a) of the Liquor Control and Licensing Amendment Act, 2014 , S.B.C. 2014, c. 13, is brought into force,

(

c) the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is repealed,

and

(

d) the attached Liquor Control and Licensing Regulation is made.

— C. OAKES, Minister of Small Business and Red Tape Reduction and Minister Responsible for

the Liquor Distribution Branch ; M. POLAK, Presiding Member of the Executive Council .

LIQUOR CONTROL AND LICENSING REGULATION

Contents

Part 1 –

Interpretation and Application

Definitions for regulation

Definitions for Act and regulation

Compliance history

Private place

Aboriginal governing bodies

Prescribed class of licence – application of Act

Part 2 – Licences and Endorsements

Division 1 – Classes and Subclasses of Licences and Endorsements

Licences

Endorsements

Division 2 – Liquor Primary Licences

Authorized activities

Rules and requirements

Liquor primary club licences

Catering endorsement

Primary purpose of business for catering endorsement

Temporary use area endorsement

Off-premises sales endorsement

Division 3 – Food Primary Licences

Authorized activities

Issue, renewal, transfer or amendment of licence

Rules and requirements

Service of food

Catering endorsement

Primary purpose of business for catering endorsement

Temporary use area endorsement

Division 4 – Catering Licences and Rules and Requirements for Caterers

Authorized activities

Establishment

Primary purpose of business

Rules and requirements for caterers

Determinations relating to primary purpose of business

Division 5 – Manufacturer Licences and Endorsements

Authorized activities

Winery licence – issuance and renewal

Rules and requirements

Record-keeping requirements

Authorized activities

Rules and requirements – lounge and special event area endorsements

Picnic area endorsements

On-site store endorsements

Rules and requirements – manufacturer on-site store endorsement

Guided tours

Removing liquor from service areas

Division 6 – Agent’s Licence

Authorized activities

Rules and requirements

Division 7 – U-Brew and U-Vin Licences

Definitions

Authorized activities

Payment, acknowledgment and receipt required

Role of the customer in the manufacturing process

Consumption

Storage requirements

Removal and delivery of customer’s beer or wine

Beer or wine manufactured by licensee or employee

Sales prohibited

Age of customers

Record-keeping and reporting requirements

Restriction on providing beer or wine

Division 8 – Licensee Retail Store Licences, Wine Store Licenses and Special Wine Store Licences

Definitions

Authorized activities

Limit on number of stores selling liquor in grocery stores

Sales revenue of grocery store

Moratorium on new licensee retail store licences

Location of licensee retail stores

Licensee retail stores licences – rules and requirements

Relocation of licensee retail stores

Moratorium on new wine store licences

Requirements for wine stores

Converted wine store licences

Wine store licences – rules and requirements

Relocation of wine stores to grocery stores

Conversion of wine store licence to licensee retail store licence

Special wine store licence – application requirements

Special wine store licence – rules and requirements

Temporary off-site sale endorsement

Sampling

Division 9 – Local Government and First Nations

Consultation with local government and first nations

Division 10 – General Application Matters

Establishing person capacity

Patron capacity

Establishments – vessels

Right to refuse reapplications

Refusal for unauthorized structural alterations

Dual licensing

Division 11 – General Rules and Requirements

Capacity requirements

Structural alterations and other changes to establishment

Record-keeping requirements

Separation from adjoining areas

Sales practices

Information for patrons

Minimum liquor prices

Taking drinks to hotel rooms

Drinks at check-in

Room service

Drinks on golf courses

Clearing patrons after hours of liquor service

Taking liquor from patrons after hours of liquor service

Consumption of liquor after hours of liquor service

Dormant licences

Part 3 – Authorizations

Division 1 – Classes of Authorizations

Classes

Division 2 – Catering Authorizations

Eligibility to hold catering authorization

Authorized activities

Application

Rules and requirements

Division 3 – Temporary Use Area Authorizations

Eligibility to hold temporary use area authorization

Authorized activities

Application

Rules and requirements

Division 4 – Market Authorizations

Eligibility to hold market authorization

Authorized activities

Information to be included in application

Rules and requirements

Division 5 – Temporary Off-Site Sale Authorizations

Eligibility to hold temporary off-site sale authorization

Authorized activities

Information to be included in application

Rules and requirements

Part 4 – Permits

Division 1 – Classes of Permits

Classes

Division 2 – Special Event Permits

Definitions

Authorized activities

Application requirements

Purpose of event

Other permissions required

Application – information to be included

Rules and requirements

Sales practices

Information for patrons

Sources of liquor

Records

Donation after special event

Prescribed class of permits –

section 33 of Act

Division 3 – Charitable Auction Permits

Definition

Eligibility to hold permit

Authorized activities

Frequent auctions prohibited

Maximum duration

Liquor purchased or acquired

Consumption and removal of auction liquor

Notification of charitable purpose

Receipts

Use of funds for charitable purpose

Records

Division 4 – Ethyl Alcohol Purchase Permits

Authorized activity

Information to be included in application

Part 5 – Matters Applicable to Licences, Authorizations and Permits

Authorized activities

Extending hours of liquor service

Posting licence, authorization and certain permits

Sale of liquor purchased under licence or permit

Consuming and removing liquor from service areas

Consumption by employees

Persons selling or serving liquor without training

Diluting or adulterating liquor and refilling bottles

Occupant load

Part 6 – Compliance and Enforcement

Definitions

Compliance with rules and requirements

Offences

Compliance history

Monetary penalties

Suspensions

Prescribed grounds relating to reconsideration orders

Publishing information relating to enforcement actions and convictions

Posting of signs relating to suspensions or monetary penalties

Form of information and search warrant

Prescribed matters – forfeiture of liquor

Part 7 – Miscellaneous

Division 1 – Minors

Supplying liquor to minors

Identification

Consumption and possession of liquor by minors

Minors in liquor stores

Employment of minors

Supervision of minors

Employment of minors – liquor primary licences

Employment of minors – food primary licences

Employment of minors – other licences and permits

Employment of minors – entertainment

Employment of minors – residential events

Division 2 – Advertisements

Definitions

Requirements applicable to all advertisements

Requirements for non-industry advertisers and certain permittees

Requirements for liquor industry advertisers

U-Brew and U-Vin licensees

Public special events

Charitable auctions

Division 3 – Exemptions for Tied Houses and Inducements

Definition

Prescribed classes of licences –

section 19 (5) of Act

Stadiums and concert halls

Converted wine stores

Manufacturer holding other licences

Small manufacturer off-site exemption

Special event permits

Inducements – exemption by regulation

Inducements – exemption by general manager

Division 4 – Training and Recertification

Training Programs

Prescribed programs –

section 60 (1) of Act

Prescribed programs –

section 60 (2) of Act

Exemption in respect of foreign manufacturers

Prescribed persons and programs –

section 60 (3) of Act

Training from other provinces

Recertification

Division 5 – Activities Allowed Without a Licence or Permit

Manufacturing for special purposes

Ethyl alcohol

Auctions for charitable purposes – small quantities of liquor

Delivery service

Sacramental wine

Sale and distribution of cooking alcohol

Division 6 – Bylaws Dealing with the Consumption of Liquor in a Public Place

Content of bylaws

Division 7 – Service and Receipt of Documents

Ways to give or serve documents – general

Deemed receipt

Ways to give or serve documents on general manager

Division 8 – Fees

Fees

Time for payment of fees

Pro-rating fees for new licences

Calculation of renewal fee based on liquor purchases and sales

When fees for change of name not payable

Refund – application for reconsideration

Schedule 1 – Fees

Schedule 2 – Monetary Penalties and Licence Suspensions

Schedule 3 – Information to Obtain Search Warrant

Schedule 4 – Search Warrant

Part 1 –

Interpretation and Application

Definitions for regulation

1 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:

(

a) wine, other than cider or sake, in respect of which the naturally occurring

sugar used in the fermentation process comes from only

(

i) products from plants grown in British Columbia,

(ii) honey produced from beehives located in British Columbia, or

(iii) milk from animals located in British Columbia;

(

b) cider in respect of which the naturally occurring sugar used in the fermentation

process comes from only products from plants grown in British Columbia;

(

c) 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:

(

a) education;

(

b) religion;

(

c) recreation;

(

d) sports or athletics;

(

e) aid to persons with disabilities;

(

f) culture;

(

g) youth or senior citizens;

“club” means a society as defined in

section 1 of the Societies Act that has at least 50 members who pay an annual membership fee;

“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

(

a) is primarily engaged in retailing the following types of food and non-alcoholic

beverages:

(

i) canned, dry and frozen food;

(ii) fresh fruits and vegetables;

(iii) fresh and prepared meats, fish and poultry;

(iv) dairy products;

(

v) baked products;

(vi) snack foods;

(vii) juices, carbonated beverages and flavoured beverages, and

(

b) 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) a brewery licence,

(

b) a distillery licence, or

(

c) a winery licence;

“market” means a market that

(

a) is composed entirely of vendors, excluding a licensed manufacturer who holds

a market authorization, who sell at the market artisanal goods of their own making

or agricultural goods they produce, grow or raise themselves,

(

b) is managed or carried on

(

i) 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 ,

(ii) 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,

(

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

(

d) operates

(

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

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

“non-profit corporation” means a corporation that

(

a) is a society as defined in

section 1 of the Societies Act , a corporation as defined in section (1) of the Canada Not-for-profit Corporations Act or a corporation to which

Part II of the Canada Corporations Act applies, and

(

b) has no director who is remunerated, other than the reimbursement of actual

expenses that are directly related to his or her duties as a director;

“non-profit organization” means an unincorporated organization that

(

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

or occasionally,

(

b) is established in the community as an organization that provides programs

of community benefit, and

(

c) has no member who is remunerated, other than the reimbursement of actual expenses

that are directly related to his or her 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

(

a) is a member of the non-profit organization, and

(

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

“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.

Definitions for Act and regulation

2 In the Act and this regulation:

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

“manufacture” , in relation to liquor, includes

(

a) the brewing, distilling or fermenting of liquor,

(

b) the blending of liquor,

(

c) the flavouring of liquor, and

(

d) the packaging or other enclosing of liquor in containers in or from which

the liquor is intended to be distributed to consumers;

“residential event” means an event catered by a caterer

(

a) that occurs at a residence, and

(

b) 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.

Compliance history

3 For the purposes of the Act, “compliance history” is defined in

section 149.

Private place

(1) In this section, “highway” means a highway as defined in the Motor Vehicle Act .

(2) For the purposes of the Act, “private place” means

(

a) a part of a building during the period when the public does not have access

to the part of the building, but does not include a residence or the part of a building

that may be rented by the public;

(

b) 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:

(

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

(ii) a camper or a trailer that is not on a highway;

(iii) a tent;

(

c) a ship to which the public does not have access that is equipped with permanent

sleeping accommodations, cooking facilities and a toilet.

Aboriginal governing bodies

5 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:

(

a) the governing council of the Westbank First Nation;

(

b) the Sechelt Indian Government District Council.

Prescribed class of licence – application of Act

6 The class of licence prescribed for the purposes of

section 2 (a) (ii) of the Act

is the U-Brew and U-Vin licence.

Part 2 – Licences and Endorsements

Division 1 – Classes and Subclasses of Licences and Endorsements

Licences

7 The following classes and subclasses of licences are established:

(

a) liquor primary licence;

(

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

(

c) food primary licence;

(

d) catering licence;

(

e) brewery licence;

(

f) winery licence;

(

g) distillery licence;

(

h) agent’s licence;

(

i) U-Brew and U-Vin licence;

(

j) licensee retail store licence;

(

k) wine store licence;

(

l) special wine store licence.

Endorsements

8 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

Division 2 – Liquor Primary Licences

Authorized activities

9 A liquor primary licence authorizes

(

a) a licensee to sell to patrons drinks containing liquor in the service area

under the licence, and

(

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

Rules and requirements

(1) The following rules and requirements apply to liquor primary licences:

(

a) the establishment under the licence must not be

(

i) a facility directed at or frequented predominantly by minors, or

(ii) a motor vehicle;

(

b) 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;

(

c) unless exempted by the general manager, food and non-alcoholic beverages must

be available at reasonable prices or without charge to the patrons.

(2) 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

(1) Only clubs are eligible to hold a liquor primary club licence.

(2) Subject to the approval of the general manager, in addition to the activities

authorized by

section 9, a liquor primary club licence authorizes

(

a) the licensee to sell to a member of the club liquor in unopened containers

in the service area for the purpose of it being removed from the service area, and

(

b) 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 club.

(3) The approval of the general manager referred to in subsection (2) may be subject

to conditions imposed by the general manager.

(4) In addition to the rules and requirements set out in

section 10, the following

rules and requirements apply to liquor primary club licences:

(

a) the sale of liquor under the licence is restricted to members of the club

and their registered guests;

(

b) only members and registered guests can enter and remain in the service area

when liquor is being sold or served;

(

c) the club must keep a guest register that contains the following information:

(

i) the name of each guest;

(ii) the name of the member accompanying each guest;

(iii) the date the guest is in attendance;

(

d) 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.

Catering endorsement

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

(

a) to sell and serve liquor at a residential event under

section 25 (2) of the

Act, and

(

b) to apply for a catering authorization.

Primary purpose of business for catering endorsement

(1) The general manager must not endorse a liquor primary licence with a catering

endorsement unless the general manager is satisfied that

(

a) 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

(

b) the licensee has the equipment in its establishment and personnel necessary

to prepare and serve food at an event catered by the licensee.

(2) 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

(1) A liquor primary licence endorsed with a temporary use area endorsement authorizes

the licensee to apply for a temporary use area authorization.

(2) 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

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

(

a) 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

(

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

(2) No new off-premises sales endorsements may be issued unless

(

a) the establishment in respect of which the endorsement is sought is at least 30

km from each of the following:

(

i) a liquor store;

(ii) a licensee retail store;

(iii) an establishment under a licence endorsed with an off-premises sales endorsement,

(

b) the applicant holds a brewery licence and the establishment under the applicant’s

liquor primary licence is adjacent to the manufacturing facilities of the establishment

under the brewery licence.

(3) A liquor primary licence endorsed with an off-premises sales endorsement that

was issued under subsection (2) (

a) may not be relocated with that endorsement unless

the proposed establishment is at least 30 km from each of the following:

(

a) a liquor store;

(

b) a licensee retail store;

(

c) an establishment under the licence endorsed with an off-premises sales endorsement.

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

(

a) 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.;

(

b) no liquor, other than beer, wine and coolers made with spirits, may be sold

for offpremises consumption;

(

c) despite paragraph (

b) of this subsection, in the case of an endorsement referred

to in subsection (2) (b), only beer manufactured under the brewery licence may be

sold for off-premises consumption;

(

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

(5) 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.

Division 3 – Food Primary Licences

Authorized activities

16 A food primary licence authorizes

(

a) 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

(

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

Issue, renewal, transfer or amendment of licence

17 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

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

(

a) 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;

(

b) 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;

(

c) 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.

(2) 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

19 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:

(

a) kitchen equipment;

(

b) furnishings and lighting;

(

c) menu;

(

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

(

e) advertising;

(

f) hours of operation;

(

g) financial records;

(

h) the ratio of receipts from food sales to receipts from liquor sales in the

establishment;

(

i) any other relevant consideration that may assist in the determination.

Catering endorsement

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

(

a) to sell and serve liquor at a residential event under

section 25 (2) of the

Act, and

(

b) to apply for a catering authorization.

Primary purpose of business for catering endorsement

(1) The general manager must not endorse a food primary licence with a catering endorsement

unless the general manger is satisfied that

(

a) 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

(

b) the licensee has the equipment in its establishment and personnel necessary

to prepare and serve food at an event catered by the licensee.

(2) 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

(1) A food primary licence endorsed with a temporary use area endorsement authorizes

the licensee to apply for a temporary use area authorization.

(2) 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.

Division 4 – Catering Licences and Rules and Requirements for Caterers

Authorized activities

23 A catering licence authorizes a licensee

(

a) to sell and serve liquor at a residential event under

section 25 (2) of the

Act, and

(

b) to apply for a catering authorization.

Establishment

24 Under a catering licence, the premises where a licensee prepares food used in the

catering business is the establishment.

Primary purpose of business

25 The general manager must not issue, renew, transfer or amend a catering licence unless

the general manager is satisfied that

(

a) the primary purpose of the business of the licensee will be the preparation

and service of food, and

(

b) 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

26 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:

(

a) 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;

(

b) the licensee has the equipment at its establishment and personnel necessary

to prepare and serve food at events catered by the licensee;

(

c) the licensee must not host, promote, or invite people to, an event catered

by the licensee unless

(

i) the event is to express appreciation for the licensee’s employees or customers,

(ii) 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;

(

d) 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;

(

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

by the licensee;

(

f) 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;

(

g) 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;

(

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

(

i) 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).

Determinations relating to primary purpose of business

27 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:

(

a) the kitchen equipment located at the existing or proposed establishment;

(

b) the food selection offered;

(

c) advertising;

(

d) financial records;

(

e) staffing;

(

f) the ratio of receipts from food sales to receipts from liquor sales at events

catered by the person;

(

g) any other relevant consideration that may assist in the determination.

Division 5 – Manufacturer Licences and Endorsements

Authorized activities

(1) A brewery licence authorizes a licensee to

(

a) manufacture beer in the establishment,

(

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

(

c) sell and serve to patrons in the service area samples of

(

i) beer manufactured under the licence, and

(ii) beer used for sampling purposes under

section 70 that the licensee has removed

from a licensee retail store.

(2) A distillery licence authorizes a licensee to

(

a) manufacture spirits in the establishment,

(

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

(

c) sell and serve to patrons in the service area samples of

(

i) spirits manufactured under the licence, and

(ii) spirits used for sampling purposes under

section 70 that the licensee has

removed from a licensee retail store.

(3) A winery licence authorizes a licensee to

(

a) manufacture wine in the establishment,

(

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

(

c) sell and serve to patrons in the service area samples of

(

i) wine manufactured under the licence, and

(ii) wine used for sampling purposes under

section 70 that the licensee has removed

from a licensee retail store, wine store or special wine store.

(4) 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.

Winery licence – issuance and renewal

(1) In this section, a reference to manufacturing wine in respect of an establishment

means that the fermentation of the wine, and at least one of the following, takes

place in the establishment:

(

a) blending of ingredients;

(

b) crushing of ingredients;

(

c) filtering of ingredients;

(

d) aging the wine for at least 3 months;

(

e) secondary fermentation or carbonation;

(

f) packaging.

(2) A winery licence may not be issued or renewed unless

(

a) the equipment used to manufacture wine in the establishment is

(

i) owned by the applicant, or

(ii) leased to the applicant for a period of at least one year following the issuance

or renewal of the licence,

(

b) the establishment can manufacture at least 4 500 litres of wine per year,

not including wine that has been manufactured elsewhere and that will be used in the

applicant’s manufacturing process,

(

c) the applicant demonstrates, to the satisfaction of the general manager, an

intention to manufacture in the following year at least 4 500 litres of wine in the

establishment, not including wine that has been manufactured elsewhere and that will

be used in the applicant’s manufacturing process, and

(

d) in the case of an application to renew the licence, the applicant has manufactured

in the previous year at least 4 500 litres of wine in the establishment, not including

wine that was manufactured elsewhere and that was used in the applicant’s manufacturing

process.

(3) Despite subsection (2) (d), a winery licence may be renewed even though the

applicant did not manufacture at least 4 500 litres of wine in the previous year in

the establishment if the general manager is satisfied that the lower production was

caused by

(

a) crop failure,

(

b) standard agricultural practices that result in the temporary loss of sufficient

plant products, milk or honey to meet the winery’s normal production volumes, or

(

c) an event that was beyond the control of the applicant.

Rules and requirements

30 The following rules and requirements apply to a manufacturer licence:

(

a) 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;

(

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

than

(

i) liquor owned by the licensee, or

(ii) 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

31 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:

(

a) bank statements relating to the operation of the establishment;

(

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

(

c) records of the amount of agricultural products that the licensee harvested

that were used in the manufacturing;

(

d) 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;

(

e) invoices or receipts showing quantity and price paid for all ingredients purchased

that were used in the manufacturing that contain liquor;

(

f) records showing quantity of bulk and packaged liquor manufactured;

(

g) records showing quantity and price charged for bulk and packaged liquor sold

to other licensed manufacturers;

(

h) records showing quantity and price charged for liquor sold and delivered to

purchasers outside of British Columbia;

(

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

Authorized activities

(1) A manufacturer licence endorsed with a lounge endorsement authorizes the licensee

to sell, in the service area under the endorsement, drinks containing liquor.

(2) 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.

(3) 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

(1) The following rules and requirements apply to a manufacturer licence endorsed

with a lounge or special event area endorsement:

(

a) 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;

(

b) 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;

(

c) 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).

(2) The periods referred to in subsection (1) (

c) are as follows:

(

a) January 1 to March 31;

(

b) April 1 to June 30;

(

c) July 1 to September 30;

(

d) October 1 to December 31.

Picnic area endorsements

(1) A manufacturer licence endorsed with a picnic area endorsement authorizes a patron

to consume the following liquor in the service area under the picnic area endorsement:

(

a) liquor that the licensed manufacturer sells or serves to the patron in a service

area under the licence;

(

b) 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 licence if

(

i) the service area is adjacent to the manufacturing facilities of the establishment

under a manufacturer licence, and

(ii) the licensed manufacturer is the same person who holds the liquor primary

or food primary licence.

(2) The service area under a picnic area endorsement must

(

a) be outdoors in a location approved by the general manager,

(

b) have boundaries that are marked so that patrons can easily identify the boundaries,

and

(

c) be of a size and configuration approved by the general manager, but the size

must not exceed 1 000 square metres.

(3) Subject to limitation by the general manager, liquor may be consumed in the

service area under a picnic area endorsement during the period beginning no earlier

than 9 a.m. and ending no later than 1/2 hour after sunset.

On-site store endorsements

35 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.

Rules and requirements – manufacturer on-site store endorsement

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

(

a) possess liquor, in an open container, they have purchased or received as a

sample in a service area in the establishment, and

(

b) 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;

(

c) entertainment and games are not allowed in the service area under the manufacturer

onsite store endorsement.

Guided tours

(1) This

section applies when a licensed manufacturer conducts a guided tour of the

establishment.

(2) Patrons while on a guided tour may, during the hours of 9 a.m. to 11 p.m.,

(

a) possess liquor, in an open container, they have purchased or received as a

sample from a service area in the establishment, and

(

b) consume the liquor in the establishment.

Removing liquor from service areas

(1) This

section applies to liquor

(

a) that a licensed manufacturer sells or serves to a patron in a service area

under the licence, or

(

b) 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

(

i) the service area is adjacent to manufacturing facilities of the establishment

under a manufacturer licence, and

(ii) the licensee who holds the manufacturer licence is the same person who holds

the liquor primary or food primary licence.

(2) A patron may

(

a) remove liquor from a service area, and

(

b) take it to any of the following places:

(

i) another service area within the establishment under the manufacturer licence;

(ii) a guided tour referred to in

section 37 of the establishment under the manufacturer

licence;

(iii) the service area under the liquor primary or food primary licence that is

adjacent to the manufacturing facilities of the establishment.

(3) 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.

Division 6 – Agent’s Licence

Authorized activities

39 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

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

(

a) 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 records:

(

i) all liquor coming into the agent’s possession;

(ii) the sale or other disposition of the liquor;

(

b) 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.

Division 7 – U-Brew and U-Vin Licences

Definitions

41 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

(1) A U-Brew and U-Vin licence authorizes

(

a) 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

(

b) the licensee and employees of the licensee

(

i) to manufacture beer or wine in the establishment for their own consumption

or for consumption at no charge by other persons, and

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

(2) 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

(1) A licensee must ensure that a customer is not allowed to begin manufacturing

beer or wine in the establishment unless the customer first

(

a) pays the licensee

(

i) for the ingredients to make the beer or wine, or

(ii) if the customer brings ingredients into the establishment, for the goods

or services to be provided by the licensee, and

(

b) provides the licensee with an acknowledgment, signed by the customer, that

the beer or wine is being made by the customer for his or her own consumption or for

consumption at no charge by other persons.

(2) 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:

(

a) the name and telephone number of the customer;

(

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

(

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

(

d) the name, address and telephone number of the licensee.

Role of the customer in the manufacturing process

(1) Subject to subsection (2), a licensee must ensure that a customer performs the

following tasks in manufacturing beer or wine in the establishment:

(

a) combining or mixing ingredients with any of the following:

(

i) beer wort;

(ii) fruit, fruit juice or fruit concentrate;

(iii) wine;

(iv) fermentable liquids;

(

b) 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;

(

c) removing or defacing commercial labels and sterilizing bottles in preparation

for bottling;

(

d) placing the beer or wine in bottles;

(

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

(

f) removing the bottled beer or wine from the establishment.

(2) A customer may be assisted in performing a task described in subsection

(1) by the following persons:

(

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

(

b) the licensee or the employees of the licensee if

(

i) the task is performed primarily by the customer, or

(ii) the customer is physically incapable of performing the task alone.

Consumption

(1) A licensee must ensure that no person consumes beer or wine in the establishment

except in accordance with subsection (2).

(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:

(

a) the consumption must be by the person who manufactured the beer or wine in

the establishment,

(

b) the consumption is for the purpose of tasting a sample of the beer or wine

and occurs before completion of bottling, and

(

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

Storage requirements

(1) 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.

(2) 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

(1) A licensee must ensure that the customer removes his or her beer or wine from

the establishment immediately after bottling.

(2) A licensee must not deliver a customer’s beer or wine.

Beer or wine manufactured by licensee or employee

48 If a licensee or employee manufactures beer or wine in the establishment, the licensee

must ensure that the beer or wine

(

a) is labelled as belonging to the licensee or employee,

(

b) is removed from the establishment immediately after bottling, and

(

c) is not used for any purpose within the establishment except for sampling conducted

in accordance with

section 45.

Sales prohibited

49 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

50 A licensee must ensure that customers who manufacture beer or wine in the establishment

are adults.

Record-keeping and reporting requirements

(1) 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:

(

a) 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;

(

b) copies of receipts provided to customers under

section 43 (2);

(

c) records of the type and quantity of beer or wine manufactured by the licensee

or employees of the licensee;

(

d) records detailing the disposition of any beer or wine that is spoiled, spilled,

unclaimed or returned to the licensee.

(2) 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

52 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.

Division 8 – Licensee Retail Store Licences, Wine Store Licences and Special Wine

Store Licences

Definitions

53 In this Division:

“government liquor store” means a liquor store as defined in

section 1 of the Act, other than an agency store

as defined in

section 1 (1) of the Liquor Distribution Act ;

“proposed location of another store” means

(

a) the location for a licensee retail store that is proposed in an application

to issue a licensee retail store licence,

(

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

referred to in

section 17 of the Act to amend a licensee retail store licence, or

(

c) the proposed location of a government 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.

Authorized activities

(1) A licensee retail store licence authorizes

(

a) a licensee

(

i) to sell liquor in unopened containers in the service area under the licence

to patrons, and

(ii) to sell or serve samples of liquor in the service area under the licence

to patrons, and

(

b) a patron to consume the samples in the service area.

(2) A wine store licence authorizes

(

a) a licensee

(

i) to sell wine in unopened containers in the service area under the licence

to patrons, and

(ii) to sell or serve samples of wine in the service area under the licence to

patrons, and

(

b) a patron to consume the samples in the service area.

(3) A special wine store licence authorizes

(

a) a licensee

(

i) to sell BC wine in unopened containers in the service area under the licence

to patrons, and

(ii) to sell or serve samples of BC wine in the service area under the licence

to patrons, and

(

b) a patron to consume the samples in the service area.

Limit on number of stores selling liquor in grocery stores

(1) 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.

(2) If a government 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.

(3) 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.

(4) If the LDB general manager notifies the general manager of a proposed location

of a government 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 government liquor store has priority.

Sales revenue of grocery store

(1) This

section applies to the following licences:

(

a) a licensee retail store licence for a licensee retail store that is located

in a grocery store;

(

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

(

c) a special wine store licence.

(2) 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

(

a) total at least 70% of the total sales revenue of non-liquor products at the

grocery store, and

(

b) total more than 50% of the total sales revenue of liquor and non-liquor products

at the grocery store.

(3) 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:

(

a) the 12-month period following

(

i) 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

(ii) the issuance of the special wine store licence;

(

b) after a 12-month period referred to in paragraph (a), every 12-month period

preceding the renewal of the licence;

(

c) 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.

(4) 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

(1) No new licensee retail store licences may be issued.

(2) Subsection (1) does not affect an application to convert a wine store licence

to a licensee retail store licence under

section 66.

(3) This

section is repealed on July 1, 2022.

Location of licensee retail stores

(1) 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:

(

a) the licensee retail store must be located in

(

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

(ii) 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 a solid floortoceiling

wall between the licensee retail store and any other business, 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;

(

b) 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.

(2) 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.

(3) Subsection (1) (

b) does not apply to a licensee retail store if

(

a) 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,

(

b) 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,

(

c) the store is located in a grocery store and the licensee retail store appears

to be associated with the grocery store.

Licensee retail stores licences – rules and requirements

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

(

a) subject to limitation by the general manager, the hours of liquor service

must start no earlier than 9 a.m. and end no later than 11 p.m.;

(

b) non-liquor items must not be sold except for packaged snacks, liquor-related

items and other items authorized by the general manager;

(

c) entertainment and games are not allowed.

Relocation of licensee retail stores

(1) Subject to subsection (2), an application to amend a licence in respect of a

licensee retail store to relocate the store must not be approved unless the new location

of the licensee retail store is at least 1 km from any other licensee retail store

or government liquor store or any proposed location of another store.

(2) If an application to amend a licence in respect of a licensee retail store

to relocate the store does not comply with subsection (1), the general manager may

approve the application if any of the following circumstances apply:

(

a) the proposed new location has the same permanent parcel identifier assigned

under the Land Title Act as the current location;

(

b) the proposed new location is not closer to the licensee retail store or government

liquor store or proposed location of another store than the current location;

(

c) the shortest travelling distance by road between the proposed new location

and the licensee retail store or government liquor store or proposed location of another

store is 1 km or more because of a watercourse or body of water;

(

d) 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.

Moratorium on new wine store licences

61 No new wine store licences may be issued.

Requirements for wine stores

(1) Subject to subsections (2) and (3), it is a requirement of a wine store licence

that the wine store meet the following requirements:

(

a) the wine store must be located in

(

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

(ii) a building in which there are other businesses, but the wine store has its

own entrance and exit separate from any other business and a solid floor-to-ceiling

wall between the wine store and any other business, or

(iii) a grocery store;

(

b) 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.

(2) 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.

(3) Subsection (1) (

b) does not apply to a wine store if

(

a) 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,

(

b) 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

(

c) the store is located in a grocery store and the wine store appears to be associated

with the grocery store.

Converted wine store licences

(1) In this section, “converted wine store licence” means a wine store licence referred to in

section 75 (1) of the former regulation.

(2) A wine store under a converted wine store licence is exempt from

section 62

(1) as follows:

(

a) the exemption is only with respect to any non-compliance with the requirements

set out in

section 14.1 (12) of the former regulation that existed when that

section

came into force;

(

b) 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.

(3) 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, B.C.

Reg. 79/2005, 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.

Wine store licences – rules and requirements

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

(

a) subject to limitation by the general manager, hours of service must start

no earlier than 9 a.m. and end no later than 11 p.m.;

(

b) non-liquor items must not be sold except for packaged snacks, wine-related

items and other items authorized by the general manager;

(

c) entertainment and games are not allowed in the wine store.

(2) 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.

Relocation of wine stores to grocery stores

(1) 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.

(2) 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 winery licence

(

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

(

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

section 63

(3).

(3) 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.

Conversion of wine store licence to licensee retail store licence

(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.

(2) 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 other licensee retail store or government liquor store or any proposed

location of another store.

(3) If an application referred to in subsection (1) does not comply with subsection (2),

the general manager may approve the application if the shortest travelling distance

by road between the proposed licensee retail store and any other licensee retail store

or government liquor store or proposed location of another store is 1 km or more because

of a watercourse or body of water.

Special wine store licence – application requirements

(1) A special wine store licence may be issued only to a successful bidder under

the Special Wine Store Licence Auction Act .

(2) 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

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

(

a) only BC wine may be sold in the special wine store;

(

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

(

c) subject to limitation by the general manager, the hours of liquor service

must start no earlier than 9 a.m. and end no later than 11 p.m.

Temporary off-site sale endorsement

69 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

(1) 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.

(2) Subsection (1) applies to liquor

(

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

(

b) in respect of the agent, that is manufactured by a manufacturer that the agent

is authorized to represent,

(

c) that is either

(

i) purchased from an authorized vendor as defined in

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

(ii) purchased at the store, and

(

d) that is authorized to be sold in the store under the licensee retail store

licence, wine store licence or special wine store licence.

(3) A patron may consume in a licensee retail store, wine store or special wine

store samples of liquor that are served under subsection (1).

Division 9 – Local Government and First Nations

Consultation with local government and first nations

(1) For the purposes of

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

are prescribed:

(

a) liquor primary licence;

(

b) food primary licence;

(

c) manufacturer licence.

(2) For the purposes of

section 38 (1) of the Act, the prescribed circumstances

with respect to a liquor primary licence are as follows:

(

a) an applicant applies for the issuance of the licence;

(

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

(

i) converting a liquor primary club licence (a subclass of a liquor primary licence)

into a liquor primary licence;

(ii) adding or amending a temporary use area endorsement;

(iii) a permanent extension of hours of liquor service;

(iv) a permanent increase in the person capacity of a service area;

(

v) the permanent addition of a patio;

(vi) 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.

(3) For the purposes of

section 38 (1) of the Act, the prescribed circumstances

with respect to a food primary licence are as follows:

(

a) an applicant, when applying for the issuance of the licence, also applies

for any of the following:

(

i) a temporary use area endorsement;

(ii) hours of liquor service that extend past midnight;

(iii) dancing, karaoke or other types of entertainment that involve patron participation

in the service area;

(

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

(

i) adding or amending a temporary use area endorsement;

(ii) 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.

(4) 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:

(

a) an applicant, when applying for the issuance of the licence, also applies

for one or both of the following:

(

i) a lounge endorsement;

(ii) a special event area endorsement;

(

b) an applicant who holds a manufacturer licence applies to add one or both of

the following:

(

i) a lounge endorsement;

(ii) a special event area endorsement;

(

c) 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:

(

i) a permanent extension of hours of liquor service for the service area under

the endorsement;

(ii) a permanent increase in the person capacity of the service area under the

endorsement;

(iii) the permanent addition of a patio.

(5) The prescribed circumstances set out in subsection (4) do not include an application

by a licensee who holds a manufacturer licence

(

a) 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

(

b) 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.

(6) 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

(

a) the applicant or the applicant’s affiliates are fit and proper, or

(b)

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

(7) The following criteria are prescribed for the purposes of

section 38 (3) (

a) of the Act:

(

a) the location of the establishment unless paragraph (

b) or (

c) apply;

(

b) 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;

(

c) in the case of an application that involves a lounge or special event area

endorsement, the location of the service area under the endorsement;

(

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

(8) 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.

(9) 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:

(

a) the comments and recommendations must be in writing;

(

b) the comments must include the views of the local government or first nation

(

i) the impact of noise on the community in the immediate vicinity of the establishment

unless subparagraph (ii) or (iii) apply,

(ii) 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,

(iv) the general impact on the community, and

(

v) 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

section 18 (1) (a);

(

c) 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

(

i) the views of the residents, and

(ii) a description of the method used to gather those views;

(

d) the recommendations must include whether the application should be approved

or rejected;

(

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

(10) 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.

Division 10 – General Application Matters

Establishing person capacity

(1) This

section applies to the service area under the following:

(

a) a liquor primary licence;

(

b) a food primary licence;

(

c) a temporary use area endorsement endorsed on a liquor primary or food primary

licence;

(

d) a lounge, special event area or picnic area endorsement endorsed on a manufacturer

licence.

(2) 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.

(3) The general manager may establish a new person capacity for a service area

to which this

section applies in the following situations:

(

a) on application to amend the licence or endorsement to increase the person

capacity;

(

b) 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.

(4) 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.

(5) The person capacity for a service area must not exceed,

(

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

(

b) 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

(1) 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.

(2) 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

(

a) to change the patron capacity, or

(

b) because of a proposed structural alteration referred to in

section 79 (1)

(

a) or (b).

Establishments – vessels

(1) In this section, “vessel” means a vessel as defined in

section 2 of the Canada Shipping Act, 2001 .

(2) No licence may be issued, renewed, transferred or amended if the establishment

is a vessel, except for the following classes of licences:

(

a) liquor primary licence;

(

b) food primary licence;

(

c) catering licence.

(3) The establishment under a liquor primary licence, food primary licence or

catering licence may be a vessel if the following criteria are met:

(

a) the applicant for the licence

(

i) 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

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

(

b) 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.

Right to refuse reapplications

75 For the purposes of sections 14 (2) and 16 (2) of the Act, the general manager may

refuse to accept an application for a licence or an endorsement or an application

(

a) the applicant submitted a previous application for the same licence, endorsement

or amendment in respect of the same establishment,

(

b) the general manager refused to issue the licence, add the endorsement or amend

(

c) 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

(

d) 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

(ii) changes in the new application.

Refusal for unauthorized structural alterations

76 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

77 A liquor primary and food primary licence may not have the same establishment unless

the same person holds both licences.

Division 11 – General Rules and Requirements

Capacity requirements

(1) 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:

(

a) the person capacity;

(

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

(2) 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:

(

a) the patron capacity;

(

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

Structural alterations and other changes to establishment

(1) 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) a structural alteration to a service area;

(

b) 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;

(

c) 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.

(2) 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.

(3) This

section does not apply to a catering licence.

Record-keeping requirements

(1) This

section applies to all licensees except for a licensee who holds a U-Brew

and U-Vin licence.

(2) A licensee must keep the following records, as applicable, for a period of

at least 6 years from the creation of the records:

(

a) liquor purchase records;

(

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

(

c) liquor disposal records;

(

d) food sales records;

(

e) sales records respecting other merchandise or services provided by the licensee

that are incidental to the business of the establishment;

(

f) contracts with other licensees;

(

g) invoices and purchase receipts for all equipment and other inventory that

is used in the operation of the establishment;

(

h) management contracts and leases that are related to the establishment;

(

i) 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;

(

j) records of court orders and judgments against a licensee respecting the sale,

service or manufacture of liquor;

(

k) employee records including names, addresses, salaries, primary job responsibilities,

shift schedules and dates of employment;

(

l) the following records respecting employees who sell or serve liquor:

(

i) the employee’s name;

(ii) 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.

(3) 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

(

a) patrons or staff,

(

b) people who live or work in buildings adjacent to the establishment or event

site, or

(

c) the operation of the establishment or event site.

(4) 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.

(5) 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:

(

a) catering authorizations issued to the caterer;

(

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

(

c) catering contracts entered into by the caterer.

Separation from adjoining areas

(1) 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.

(2) 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.

(3) 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

(1) A licensee must not

(

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

(

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

(2) 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

83 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

(1) This

section applies to drinks containing liquor sold under the authority of

the following:

(

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

endorsement;

(

b) a food primary licence;

(

c) a temporary use area authorization;

(

d) a lounge endorsement;

(

e) a special event area endorsement.

(2) 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

(1) 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

(

a) the licensee is the owner of the hotel,

(

b) 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

(

c) the patron takes a direct route to the room.

(2) 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.

(3) A licensee must not allow a patron to remove a drink containing liquor from

the service area if

(

a) the licensee believes the patron is intoxicated, or

(

b) the patron has acted in a violent, quarrelsome, riotous or disorderly manner

in the service area.

Drinks at check-in

(1) 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.

(2) 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

(

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

(

b) 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.

(3) 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

(

a) in the lobby or reception area of the hotel, or

(

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

room.

Room service

(1) This

section applies to an establishment that

(

a) is the subject of a liquor primary licence, a food primary licence or a manufacturer’s

licence endorsed with a lounge endorsement, and

(

b) is located in a hotel.

(2) Subject to limitation by the general manager, the licensee may

(

a) 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

(

b) supply or operate a minibar service that offers liquor for purchase at any

time in guest rooms.

Drinks on golf courses

(1) 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.

(2) 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

89 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:

(

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

the licence;

(

b) 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

(1) 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) a licensee who holds a food primary licence in respect of patrons in the service

area in the establishment under the licence;

(

b) a licensee who holds a catering authorization in respect of patrons in the

service area under the authorization;

(

c) a licensee who holds a temporary use area authorization in respect of patrons

in the service area under the authorization.

(2) 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

(1) 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.

(2) 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

(1) The prescribed period for the purposes of

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

(2) The prescribed circumstances for the purposes of

section 49 (5) of the Act

are that the licensee has satisfied the general manager that

(

a) the establishment ceased operations during the period prescribed under subsection

(1) because the establishment was substantially damaged by fire, flood or other event

beyond the licensee’s control,

(

b) the establishment required extensive renovations as a result of the event,

those renovations were started within the prescribed period and work on the renovations

continues to the end of the prescribed period, and

(

c) after the prescribed period, work on the renovations is continuous to the

restart of operations in the establishment.

Part 3 – Authorizations

Division 1 – Classes of Authorizations

Classes

93 The following classes of authorizations are established:

(

a) catering authorization;

(

b) temporary use area authorization;

(

c) market authorization;

(

d) temporary off-site sale authorization.

Division 2 – Catering Authorizations

Eligibility to hold catering authorization

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

(

a) a catering licence;

(

b) a liquor primary licence endorsed with a catering endorsement;

(

c) a food primary licence endorsed with a catering endorsement.

Authorized activities

95 A catering authorization authorizes

(

a) 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

(

b) the host and patrons at a catered event to consume the drinks containing liquor

in the service area under the authorization.

Application

96 An application for a catering authorization must include the following:

(

a) the name of the host of the catered event;

(

b) the nature of the catered event;

(

c) the date, time and location of the catered event;

(

d) an estimate of the maximum number of people who will be at the event site

at one time.

Rules and requirements

97 The following rules and requirements apply to a catering authorization:

(

a) all means of access to the service area must be supervised to the satisfaction

of the general manager;

(

b) 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;

(

c) unless exempted by the general manager, food and non-alcoholic beverages must

be available to the patrons at reasonable prices or without charge;

(

d) the event site, and the catered event, must comply with local bylaws and health

and fire regulations;

(

e) the number of people at the event site at one time must not exceed the maximum

attendance specified on the authorization;

(

f) 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.

Division 3 – Temporary Use Area Authorizations

Eligibility to hold temporary use area authorization

98 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

99 A temporary use area authorization authorizes

(

a) the licensee to sell drinks containing liquor to patrons in the service area

under the authorization, and

(

b) a patron to consume the drinks containing liquor in the service area under

the authorization.

Application

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

information:

(

a) the date, time and location of the event that is proposed to be the subject

of the temporary use area authorization;

(

b) a description of the event;

(

c) an estimate of the maximum number of people who will be at the event site

at one time.

Rules and requirements

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

(

a) all means of access to the service area must be supervised to the satisfaction

of the general manager;

(

b) the number of people at the event site at one time must not exceed the maximum

attendance specified on the authorization;

(

c) 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.

Division 4 – Market Authorizations

Eligibility to hold market authorization

102 A market authorization may be issued to a licensee who holds a manufacturer licence

endorsed with an on-site store endorsement.

Authorized activities

103 A market authorization authorizes

(

a) the licensee

(

i) to sell liquor in unopened containers to patrons in a market in a service

area under the authorization, and

(ii) to serve samples of liquor to patrons in a market in the service area under

the authorization, and

(

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

Information to be included in application

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

(

a) the name of the person who manages or carries on the market that is proposed

to be the subject of the authorization;

(

b) 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;

(

c) the date, time and location of the market that is proposed to be the subject

of the authorization.

Rules and requirements

105 The following rules and requirements apply to a market authorization:

(

a) 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;

(

b) 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.

Division 5 – Temporary Off-Site Sale Authorizations

Eligibility to hold temporary off-site sale authorization

106 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) a licensee retail store licence;

(

b) a wine store licence;

(

c) a special wine store licence.

Authorized activities

107 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

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

information:

(

a) the name of the permittee who holds the special event permit for the food

or beverage festival;

(

b) the name of the food or beverage festival in respect of which the special

event permit has been issued;

(

c) the date, time and location of the food or beverage festival in respect of

which the special event permit has been issued;

(

d) the hours during which the applicant proposes to sell liquor at the food or

beverage festival.

Rules and requirements

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

(

a) 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.;

(

b) sales of liquor must be recorded as sales from the licensee retail store,

wine store or special wine store, as the case may be;

(

c) 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.

Part 4 – Permits

Division 1 – Classes of Permits

Classes

110 The following classes of permits are established:

(

a) special event permit;

(

b) charitable auction permit;

(

c) ethyl alcohol purchase permit.

Division 2 – Special Event Permits

Definitions

111 In this Division:

“private special event” means any of the following events:

(

a) an event for the tasting of products of a manufacturer;

(

b) an event of a social, cultural, recreational, religious, sporting or community

nature;

(

c) a celebration of a family or religious event including, without limitation,

a wedding, wedding anniversary or birthday;

(

d) 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:

(

a) an event for a community or public celebration;

(

b) 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

112 A special event permit authorizes

(

a) the permittee to sell or serve drinks containing liquor to patrons in the

service area under the permit at a special event, and

(

b) a patron to consume drinks containing liquor in the service area under the

permit.

Application requirements

(1) A special event permit must not be issued for a private special event described

paragraph (a) [tastings] or paragraph (b) [social] of the definition of “private special event” in

section 111 unless the following conditions

are met:

(

a) the applicant is a corporation, partnership or sole proprietorship or a representative

of a unincorporated organization;

(

b) 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.

(2) 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:

(

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

(

b) 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.

(3) 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:

(

a) the applicant is a non-profit corporation or a representative of a non-profit

organization;

(

b) 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

been given tickets before the event;

(

c) awards or another form of recognition will be granted to the makers of the

wine or beer based on evaluation or judging.

(4) 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.

Purpose of event

(1) 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.

(2) If the price that a permittee intends to charge for a drink containing liquor

that will be sold under the permit exceeds the price for that drink set out on the

general manager’s cost recovery 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

(

a) the permittee is a non-profit corporation or a representative of a non-profit

organization who will use the profit made at the special event for charitable purposes,

(

b) the permittee will donate the profit to a non-profit corporation or non-profit

organization whose primary function is to carry out charitable purposes.

Other permissions required

115 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

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

permit:

(

a) the name and contact information of the applicant;

(

b) 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;

(

c) a description and the name of the special event;

(

d) the date, time and location of the special event;

(

e) 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;

(

f) 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;

(

g) the prices that will be charged for drinks containing liquor;

(

h) if the prices that will be charged for drinks containing liquor exceed the

general manager’s cost recovery price list, the name of the non-profit corporation

or non-profit organization that will receive the profit made at the special event

and description of the corporation’s or organization’s charitable purposes.

Rules and requirements

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

(

a) 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;

(

b) 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;

(

c) 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;

(

d) 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:

(

i) family members and friends of the family;

(ii) those officiating at the event;

(

e) 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,

(

i) 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

(ii) awards or another form of recognition must be granted to the makers of the

wine or beer based on evaluation or judging;

(

f) 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;

(

g) the price of drinks containing liquor sold under the permit must not exceed

the price specified on the permit;

(

h) the quantity of liquor sold at the event must not exceed the maximum quantity

specified on the permit;

(

i) the number of people in attendance at the event site in a day must not exceed

the maximum daily attendance specified on the permit;

(

j) the number of people in the service area at one time must not exceed the maximum

attendance specified on the permit;

(

k) 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;

(

l) 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.

Sales practices

118 A permittee who holds a special event permit must not

(

a) provide unlimited or unspecified quantities of liquor for a single price unless

authorized by the general manager, or

(

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

Information for patrons

119 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

(1) 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.

(2) 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

(1) 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:

(

a) the special event permit and any records submitted with the application for

the permit;

(

b) if

section 115 applies, the written permission of the applicable government

or first nation;

(

c) 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;

(

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

(

i) the staff members’ names;

(ii) 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.

(2) 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

(1) This

section applies when a permittee who holds a special event permit sells

one or more drinks containing liquor for a price that exceeds the price set out on

the general manager’s cost recovery list.

(2) 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

(

a) contains financial statements showing the revenue and expenses for the special

event and the amount of profit made at the special event, and

(

b) sets out the name of the non-profit corporation or non-profit organization

who will receive the profit made at the special event and description of the corporation’s

or organization’s charitable purposes.

(3) 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,

(

a) 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

(

b) provide a report to the general manager that contains

(

i) financial statements showing the revenue and expenses for the special event

and the amount of profit made at the special event, and

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

Prescribed class of permits –

section 33 of Act

123 The prescribed class of permits for the purposes of

section 33 of the Act is the

special event permit.

Division 3 – Charitable Auction Permits

Definition

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

Eligibility to hold permit

125 A charitable auction permit may be issued to a non-profit corporation or a representative

of a nonprofit organization.

Authorized activities

126 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.

Frequent auctions prohibited

127 The general manager may not issue a charitable auction permit to a non-profit corporation

or a representative of a non-profit organization to sell liquor by auction on a date

that is less than 31 days after the latest date on which the non-profit corporation

or any representative of the nonprofit organization sold liquor by auction.

Maximum duration

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

Liquor purchased or acquired

129 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

(

a) lawfully purchased, or

(

b) acquired by donation, if the liquor was commercially manufactured.

Consumption and removal of auction liquor

(1) In this section, “auction liquor” means liquor that is brought to the event site under a charitable auction permit

to be sold by auction, whether or not the liquor is offered for sale or sold.

(2) A person must not consume auction liquor at the event site under a charitable

auction permit.

(3) A permittee who holds a charitable auction permit must not allow consumption

of auction liquor at the event site.

(4) A permittee who holds a charitable auction permit must ensure that all auction

liquor is removed from the event site by the end of the charitable auction.

Notification of charitable purpose

131 A permittee who holds a charitable auction permit must, before bidding commences,

notify the auction participants of the charitable purpose of the charitable auction.

Receipts

132 A permittee who holds a charitable auction permit must

(

a) issue to each winning bidder a receipt that indicates

(

i) the item of liquor purchased,

(ii) the name of the winning bidder, and

(iii) the amount of the winning bid, and

(

b) collect receipts that evidence

(

i) the price, if any, paid by the permittee for each item of liquor offered for

sale at the auction, and

(ii) other expenses, if any, incurred by the permittee to conduct the auction.

Use of funds for charitable purpose

133 A person who held a charitable auction permit must, within one year after the permit

expires or such longer period as the general manager may approve, use the funds raised

by the auction for the charitable purpose for which the permit was issued or, with

the approval of the general manager, another charitable purpose the general manager

considers appropriate in the circumstances.

Records

(1) A person who held a charitable auction permit must prepare and maintain records

respecting the following:

(

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

(

i) the source of that item,

(ii) the date the permittee acquired that item,

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

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

referred to in

section 132 (a) (ii) and (iii) and the amount of sales tax collected

on the sale;

(

b) the expenses, other than expenses referred to in paragraph (a) (iii), incurred

by the permittee to conduct the auction;

(

c) the charitable purposes for which the funds raised by the auction were used

and the amount used for each charitable purpose.

(2) A person who held a charitable auction permit must prepare and maintain

(

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

(

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

b) and the total

of those expenses, and

(ii) the amount received or receivable by the person for each item of liquor sold

by auction and the total of those amounts, and

(

b) copies of the receipts referred to in

section 132.

(3) A person who held a charitable auction permit must retain the records required

by this

section for a period of 2 years after the permit expires.

Division 4 – Ethyl Alcohol Purchase Permits

Authorized activity

135 An ethyl alcohol purchase permit authorizes the permittee to purchase ethyl alcohol

for nonbeverage purposes in a quantity specified in the permit.

Information to be included in application

136 An application for an ethyl alcohol purchase permit must include the following information:

(

a) the name of the person who intends to purchase the ethyl alcohol;

(

b) the amount of ethyl alcohol to be purchased;

(

c) the purpose for which the ethyl alcohol is to be used;

(

d) if the ethyl alcohol will be used by a business, evidence that the business

is licensed and is registered for the purposes of paying provincial and federal taxes;

(

e) the location of the facility where the ethyl alcohol will be stored and a

description of the facility’s security measures.

Part 5 – Matters Applicable to Licences, Authorizations and Permits

Authorized activities

(1) A licence, authorization or permit that authorizes the licensee or permittee

to sell liquor also authorizes the licensee or permittee to

(

a) keep the liquor for sale, and

(

b) purchase liquor in accordance with

section 8 (3) (a), (

b) or (

c) of the Act.

(2) A licence, authorization or permit that authorizes the licensee or permittee

to sell liquor to a patron also authorizes the patron to purchase liquor from the

licensee or permittee.

Extending hours of liquor service

or permit, the general manager may, despite any provision of this regulation, extend

the hours of liquor service set out in this regulation that apply to the licence,

endorsement, authorization or permit if the general manager is satisfied that

(

a) there are exceptional circumstances, and

(

b) it is not contrary to the public interest to extend those hours.

Posting licence, authorization and certain permits

(1) A licensee must post the licence in a conspicuous place in the establishment.

(2) A licensee who holds an authorization must post, during the event for which

the authorization is issued, a copy of the licence and authorization in a conspicuous

place at the event site.

(3) A permittee who holds a special event permit or charitable auction permit

must post, during the special event or charitable auction for which the permit is

issued, a copy of the permit in a conspicuous place at the event site.

Sale of liquor purchased under licence or permit

140 Unless otherwise authorized by the general manager, a licensee or permittee must

not, under the authority of a licence or permit, sell or serve liquor purchased under

the authority of another licence or permit.

Consuming and removing liquor from service areas

(1) This

section applies to all service areas under a licence, authorization or permit

other than the service area under

(

a) a licensee retail store, wine store or special wine store licence,

(

b) an on-site store endorsement,

(

c) a temporary off-site sale authorization,

(

d) a market authorization, or

(

e) a charitable auction permit.

(2) A licensee or permittee must ensure that the liquor consumed by patrons in

a service area is liquor that has been sold or served in the service area by the licensee

or permittee, subject to the following exceptions:

(

a) if the service area under a liquor primary licence is the same as the service

area under a food primary licence and both licences are held by the same licensee,

the liquor has been sold or served from the service area;

(

b) if the service areas under a liquor primary licence, food primary licence,

lounge endorsement or special event area endorsement adjoin and the licences are held

by the same licensee, the liquor has been sold or served by the licensee from any

of the service areas under the licence or endorsement;

(

c) the liquor is an unopened bottle of commercially manufactured wine that a

patron brings into the service area under a food primary licence and that is served

(

d) the liquor has been taken in the circumstances described in

section 38 into

the service area

(

i) under a manufacturer licence, or

(ii) under a liquor primary or food primary licence if the service area is adjacent

to the 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;

(

e) the liquor has been taken into the service area that is located on a golf

course by a patron in the circumstances described in

section 88 (1).

(3) A patron must not consume liquor in a service area unless the liquor has been

sold or served in the service area by the licensee or permittee, subject to the exceptions

set out in subsection (2) (

a) to (e).

(4) A licensee or permittee must not allow liquor to be taken from the service

area except in the following situations:

(

a) a bottle of wine that is unfinished by a patron and sealed by the licensee

is taken by the patron from the service area;

(

b) liquor is sold for consumption off premises under an