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Volume 58, No. 6

42/2015

The British Columbia Gazette,

Part II

March 24, 2015

B.C. Reg. 42/2015 , deposited March 17, 2015, under the LIQUOR CONTROL AND LICENSING ACT [section 84] and the LIQUOR CONTROL AND LICENSING AMENDMENT ACT, 2014 [section 48]. Order in Council 121/2015, approved and ordered March 16, 2015.

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

(

a) effective April 1, 2015, sections 15, 16 and 31 (

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

(

b) effective April 1, 2015, the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached

Schedule 1, and

(

c) B.C. Reg. 242/2014 is amended as set out in the attached

Schedule 2.

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

Schedule 1

1 The Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following sections to Division 2 of

Part 3:

Definitions

13.08 In this Division:

“liquor store” does not include an agency established by the general manager under the Liquor Distribution Act ;

“proposed location of a wine store” means the proposed location of a wine store that is the subject of an application to the general manager for consent to amendment of the wine store licence to relocate the store under

section 21.1 of the Act;

“proposed location of another store” means

(

a) the proposed location of a licensee retail store that is the subject of an application to the general manager for consent to amendment of the licence in respect of the licensee retail store to relocate the store under

section 21.1 of the Act, or

(

b) a liquor store location about which the general manager of the Liquor Distribution Branch notifies the general manager;

“proposed location of the licensee retail store” means the proposed location of a licensee retail store that is the subject of an application to the general manager for consent to amendment of the licence in respect of the licensee retail store to relocate the store under

section 21.1 of the Act.

Eligible grocery store

13.09 A grocery store referred to in this Division must

(

a) be primarily engaged in retailing a general line of foods, including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor beverages, intended for human consumption, and

(

b) have an area of at least 929 square metres.

Sales revenue of grocery store

13.10

(1) It is a term and condition of a licence in respect of a licensee retail store that is located in a grocery store or a wine store licence for a wine store that is located in a grocery store or is part of a grocery store that the licensee provide proof to the general manager that the sales revenue of the grocery store derived from the sale of food and non-liquor beverages

(

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

(

b) totals more than 50% of the total sales revenue of liquor and non-liquor products in the grocery store.

(2) For the purposes of subsection (1), the sales revenue of the grocery store must be calculated based on 12 month periods as follows:

(

a) the 12 month period following the relocation of a licensee retail store or wine store to the grocery store;

(

b) after the 12 month period referred to in paragraph (a), every 12 month period preceding the renewal of the licence in respect of the licensee retail store licence or the wine store licence.

(3) A licensee referred to in subsection (1) must, within 3 months of the applicable 12 month period referred to in subsection (2), provide proof to the general manager that the requirements referred to in subsection (1) are met.

Section 14 is amended

(

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

(3) A licence in respect of a licensee retail store must not be renewed or transferred, or amended to relocate the store, unless

(

a) the licensee retail store, or the proposed location of the licensee retail store, as the case may be, is located in

(

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

(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 floor-to-ceiling wall between the licensee retail store and any other business, and

(

b) in the opinion of the general manager, the licensee retail store does not appear to be associated with another business.

(

b) by adding the following subsections:

(3.2) Despite subsection (3) (a),

(

a) a licence in respect of a licensee retail store may be amended to relocate the licensee retail store to a location that does not comply with subsection (3) (

a) if

(

i) the proposed location of the licensee retail store is in a grocery store,

(ii) the grocery store

(

A) does not contain a licensee retail store, liquor store or wine store, and

(

B) is not the proposed location of another store or the proposed location of a wine store, and

(iii) the licensee retail store is physically separated from the grocery store in a manner satisfactory to the general manager, and

(

b) a licence in respect of a licensee retail store that does not comply with subsection (3) (

a) may be renewed or transferred if it is a licence in respect of which the general manager has given consent to amendment of the licence under

section 21.1 of the Act and paragraph (

a) of this subsection to relocate the store to a location that is in a grocery store.

(3.3) Subsection (3) (

b) does not apply in the following circumstances:

(

a) the business with which the licensee retail store appears to be associated is the grocery store that owns the business carried on at the licensee retail store;

(

b) the licensee retail store is located in the grocery store with which it appears to be associated. ,

(

c) in subsection (5) by striking out “ an application to relocate a licensee retail store to a new location ” and substituting “ an application to amend a licence in respect of a licensee retail store to relocate the store ”,

(

d) in subsections (5) (

a) and (6) (

a) to (

d) by striking out “ another existing licensee retail store or a proposed licensee retail store ” and substituting “ another licensee retail store or liquor store or the proposed location of another store ”,

(

e) by repealing subsection (5) (b),

(

f) in subsection (6) by striking out “ If an application to relocate a licensee retail store ” and substituting “ If an application to amend a licence in respect of a licensee retail store to relocate the store ”,

(

g) in subsection (6) (

b) and (

c) by striking out “ the existing licensee retail store or proposed licensee retail store ” and substituting “ the licensee retail store or liquor store or proposed location of another store ” , and

(

h) by repealing subsection (7).

Section 14.1 is amended

(

b) by adding the following subsection:

(1.1) Subsection (1) (

e) does not apply to a wine store licence in respect of which the general manager has given consent under

section 21.1 of the Act and subsection (8) of this

section for amendment of the licence to relocate the wine store from the location named on the licence to a location that is part of a grocery store. ,

(

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

(2) Subject to subsections (3), (3.1), (3.2) and (4), a wine store licence must not be renewed or transferred, or amended to relocate the wine store, unless

(

a) the wine store, or the proposed location of the wine store, as the case may be, is located in

(

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

(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, and

(

b) in the opinion of the general manager, the wine store does not appear to be associated with another business. , and

(

d) by adding the following subsections:

(3.1) A wine store licence in respect of a wine store

(

a) the proposed location of which does not comply with subsection (2) (

a) may be amended to relocate the wine store to a location that is in or is part of a grocery store in accordance with subsections (8) to (11), and

(

b) that does not comply with subsection (2) (

a) may be renewed or transferred if it is a licence that has been amended to relocate the wine store to a location that is in or is part of a grocery store in accordance with subsections (8) to (11).

(3.2) Subsection (2) (

b) does not apply in the following circumstances:

(

a) the business with which the wine store appears to be associated is the grocery store that owns the business carried on at the wine store;

(

b) the wine store is located in or is part of the grocery store with which it appears to be associated.

(8) For the purposes of

section 21.1 of the Act, the general manager may give consent to amendment of a wine store licence, other than a wine store licence that is held by a winery, to relocate the store from the location named on the licence to a location that is in or is part of a grocery store if

(

a) the wine store licence allows the wine store to sell

(

i) only BC VQA wine, within the meaning of the Wines of Marked Quality Regulation,

(ii) only BC wine, or

(iii) all types of wine, except sacramental wine,

(

b) the wine store

(

i) will be physically separated from the grocery store business of the grocery store in a manner satisfactory to the general manager, or

(ii) will be, subject to subsections (9), (10) and (11), part of the grocery store, and

(

c) the grocery store

(

i) does not contain a licensee retail store, liquor store or wine store, and

(ii) is not the proposed location of another store or the proposed location of a wine store.

(9) If the general manager gives consent to amendment of a wine store licence referred to in subsection (8) (a) (

i) to relocate the wine store to a location that is part of a grocery store, it is a term and condition of the wine store licence, once amended to reflect the new location, that the wine store may sell only BC VQA wine, within the meaning of the Wines of Marked Quality Regulation.

(10) The general manager may give consent to amendment of a wine store licence referred to in subsection (8) (a) (ii) or (iii) to relocate the wine store to a location that is part of a grocery store, provided that the wine store licensee owns the grocery store.

(11) If the general manager gives the consent referred to in subsection (10), it is a term and condition of the wine store licence, once amended to reflect the new location of the wine store as part of the grocery store, that the wine store may sell only BC wine.

(12) In this section, “BC wine” means

(

a) wine in respect of which the naturally occurring sugar used in the fermentation process comes only from

(

i) plant products 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 only from plant products grown in British Columbia, and

(

c) sake in respect of which the rice used in its production is grown only in British Columbia.

Schedule 2

Section 1 (

c) of the

Schedule to B.C. Reg. 242/2014 is repealed and the following substituted:

(

c) in subsection (2) (

c) by striking out “ , licensee retail store licences and special occasion licences ” and substituting “ and licensee retail store licences ”, .

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