Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 56, No. 2

44/2013

The British Columbia Gazette,

Part II

February 12, 2013

B.C. Reg. 44/2013 , deposited February 6, 2013, pursuant to the LIQUOR CONTROL AND LICENSING ACT [section 84]. Order in Council 69/2013, approved and ordered February 6, 2013.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Energy, Mines and Natural Gas and Minister Responsible for Housing and Deputy Premier ; S. THOMSON, Presiding Member of the Executive Council .

Schedule

Section 1 of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended

(

a) in subsection (1) by adding the following

definitions:

“business location” , in relation to a person, means the place at which

(

a) the person stores the liquor to be sold at events catered by the person, and

(

b) the person’s kitchen, at which the person prepares the food that is provided at events catered by the person, is located;

“event” includes a catered event or a residential event; ,

(

b) in subsection (1) by repealing the definition of “occupant load” and substituting the following

“occupant load” , in relation to an establishment or the site of a catered event, means the lesser of the following:

(

a) the maximum number of persons allowed in the establishment or event site under Provincial building regulations;

(

b) the maximum number of persons allowed in the establishment or event site under the Fire Services Act and British Columbia Fire Code Regulation;

(

c) the maximum number of persons allowed in the establishment or event site under any other safety requirements enacted, made or established by the local government, first nation or treaty first nation for the area in which the establishment is located; , and

(

c) by adding the following subsection:

(4) In the Act and in this regulation, “catered event” means any event catered by a caterer at which liquor is sold, but does not include a residential event.

Section 4 is amended by adding the following subsection:

(3) For the purposes of the application of this

section to a person who is applying for, or who holds, a catering licence, a reference in subsection (1) or (2) to an establishment is a reference to the person’s business location and does not include a reference to the site of an event catered by the person.

Section 6 (5) is amended by adding “ catering licence or to a ” before “ U-Brew, U-Vin ”.

Section 7 is amended

(

a) by renumbering the

section as

section 7 (1), and

(

b) by adding the following subsection:

(2) Written authorization of the general manager is not required for structural alteration of or change to the size of any area of a caterer’s business location or the site of a catered event.

Section 9 is amended

(

a) by renumbering the

section as

section 9 (1), and

(

b) by adding the following subsection:

Section 11 is amended by adding the following subsection:

Section 13 (1) is amended by striking out “ Subject to subsection (2), a ” and substituting “ A ”.

Part 3 is amended by adding the following Division:

Division 1.2 – Catering Licences, Endorsements and Authorizations

Residential events

13.01 An event is a residential event if

(

a) liquor is sold at the event by a caterer,

(

b) the event occurs at a residence, and

(

c) the only persons who attend the event are the host of the event and the persons personally invited by the host or named in an invitation issued by the host.

Catering licences

13.02

(1) A licence may be issued, renewed or transferred to a person under this

section if the general manager is satisfied that

(

a) the primary business of the person is the preparation and serving of food, and

(

b) the person has the personnel and infrastructure necessary to prepare and serve food at events hosted by others.

(2) A licence issued under this

section is a catering licence.

Catering endorsements

13.03

(1) A person who holds a food primary licence or a liquor primary licence may apply for a catering endorsement.

(2) The general manager may add a catering endorsement to a licence referred to in subsection (1) if the general manager is satisfied that

(

a) the primary business of the licensee, in relation to a catered event or a residential event, is the preparation and serving of food,

(

b) the licensee has the personnel and infrastructure necessary to prepare and serve food at events hosted by others, and

(

c) the licensee’s business location is the licensee’s licensed establishment.

Consideration of general manager

13.04 The general manager may consider, in determining the primary business of an applicant for or holder of a catering licence or a catering endorsement and whether the applicant or licensee has the personnel and infrastructure necessary to prepare and serve food at events hosted by others, any or all of the following:

(

a) the kitchen equipment located at the business location of the applicant or licensee;

(

b) the food selection offered by the applicant or licensee;

(

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 caterer;

(

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

(

a) the caterer must be the owner of the catering business to which the licence or endorsement applies;

(

b) the caterer must store at the caterer’s business location the liquor to be sold at events catered by the caterer;

(

c) the caterer may maintain in or on the outside of the caterer’s business location a sign displaying the name of the caterer and the fact that the caterer is licensed under the Act, if the sign complies with local government bylaws and is approved by the general manager, and other signs must not be displayed inside or outside the caterer’s business location unless they are approved by the general manager;

(

d) the caterer must not change the location of the caterer’s business location without the written consent of the general manager;

(

e) the caterer must provide to the general manager, on request, any document relating to the caterer’s catering business;

(

f) the caterer must hold, in good standing, all municipally, regionally, provincially or federally granted licences, permits or certificates that the caterer is required to hold in order to operate the catering business and the caterer’s business location;

(

g) the caterer must not be convicted of an offence under the laws of Canada or British Columbia or under the bylaws of a municipality or regional district that relates to

(

i) the caterer’s business location or the conduct of it, or

(ii) the catering business or the conduct of it;

(

h) the caterer must not promote, or invite people to, an event catered by the caterer unless

(

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

(ii) the liquor is provided at no charge, and

(iii) the only persons who attend the event are the persons personally invited by the caterer or named in an invitation issued by the caterer;

(

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

(

j) revenue from liquor sales at an event catered by the caterer must be retained by the caterer;

(

k) promptly after a catering authorization has been cancelled or suspended under

section 22, 23 or 92 of the Act, the caterer must surrender the catering authorization to the general manager;

(

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

(

m) any liquor sold at an event catered by the caterer must be sold by the caterer or an employee of the caterer;

(

n) the caterer must not, at a residential event catered by the caterer, sell liquor to any of the patrons at the event.

(2) A minor must not sell or serve liquor at a catered event or a residential event.

(3) Unless otherwise restricted by the general manager, for the purposes of

section 35 (

c) of the Act,

(

a) a minor may be allowed in the business location of a caterer who holds a catering licence, and

(

b) subject to subsection (2), a minor may be allowed to be present at a catered event or a residential event.

Catering authorizations

13.06

(1) An application by a caterer under

section 89 (1) of the Act for a catering authorization in relation to a catered event must include the following information:

(

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) the estimated attendance for the catered event;

(

e) any other information required by the general manager to assess the application.

(

a) all means of access to the site of the catered event 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 a reasonable price;

(

d) the site of the catered event, and the catered event itself, must comply with local bylaws and health and fire regulations;

(

e) without limiting paragraph (d), the number of people in attendance at the catered event must not exceed the lesser of

(

i) the maximum number of people that, under the catering authorization, may be in attendance at the catered event, and

(ii) the occupant load for the site of the catered event.

(3) A person applying for a catering authorization must disclose all material facts required by the form of application and must not make any false or misleading statements in the form of application.

Section 34 is amended

(

a) by renumbering the

section as

section 34 (1),

(

b) by repealing subsection (1) (e), (g), (

h) and (

j) and substituting the following:

(

e) sales records respecting other merchandise or services provided by the licensee that are incidental to the business of the licensed establishment, if any, and, in the case of a licensee who is a caterer, that are incidental to the catering business, including, without limitation, the operation of the caterer’s business location;

(

g) invoices and purchase receipts for all equipment and other inventory that is used in the operation of the licensed establishment, if any, and, in the case of a licensee who is a caterer, that is used in the operation of the caterer’s catering business, including, without limitation, in the operation of the caterer’s business location;

(

h) lease and management contracts that are related to the licensed establishment, if any, and, in the case of a licensee who is a caterer, that are related to the caterer’s business location;

(

j) records of any incidents or events that occurred in or adjacent to the licensed establishment, if any, and, in the case of a licensee who is a caterer, that occurred in or adjacent to an event catered by the caterer or that occurred in or adjacent to the caterer’s business location; , and

(

c) by adding the following subsection:

(2) For the purposes of

section 73 (1) of the Act, the following documents are prescribed, in addition to the documents referred to in subsection (1) of this section, in relation to a caterer:

(

a) catering authorizations issued to the caterer;

(

b) any record that, under

section 89 (2) (

c) of the Act, accompanied any application by the caterer for a catering authorization;

(

c) every catering contract entered into by the caterer.

Section 35 (1) is amended by striking out “ licensed establishment unless, ” and substituting “ licensed establishment unless, and a caterer must not purchase liquor for use in the catering business unless, ”.

Section 37 is amended

(

a) by renumbering the

section as

section 37 (1),

(

b) in subsection (1) by adding “ , other than a caterer, ” after “ licensee ”, and

(

c) by adding the following subsections:

(2) A licensee whose licence is a catering licence must

(

a) post his or her licence in a conspicuous place at the licensee’s business location, and

(

b) display in a conspicuous place at the site of each event catered by the licensee, during the event, a copy of his or her licence and a copy of the catering authorization applicable to the event.

(3) A licensee whose licence is endorsed with a catering endorsement must

(

a) post his or her licence in a conspicuous place in the establishment in respect of which the licence was issued,

(

b) on request of the general manager, provide access to the approved floor plan of the establishment in respect of which the licence was issued, and

(

c) display in a conspicuous place at the site of each event catered by the licensee, during the event, a copy of his or her licence and a copy of the catering authorization applicable to the event.

Section 38 is amended by adding the following subsection:

(3) Without limiting subsection (2), if the site of a catered event adjoins an establishment for which a licence has been issued, the site of the catered event must be separated from the licensed establishment in a manner that is satisfactory to the general manager.

Section 41 is amended

(

a) in subsection (1) by adding “ , other than a caterer, ” after “ licensee ”,

(

b) by adding the following subsections:

(1.1) A licensee whose licence is endorsed with a catering endorsement must,

(

a) at the beginning of each day, set the price at which liquor is to be sold during that day at the establishment in respect of which the licence was issued, and

(

b) before each event the licensee is to cater, set the price at which liquor is to be sold during that event.

(1.2) A licensee who holds a catering licence must, before each event the licensee is to cater, set the price at which liquor is to be sold during that event.

(1.3) The prices set by a licensee under subsection (1.1) (

a) need not be the same as the prices set by the licensee under subsection (1.1) (

b) and the prices set by a licensee under subsection (1.1) (

b) or (1.2) in relation to one event need not be the same as the prices set by the licensee under subsection (1.1) (

b) or (1.2) in relation to a different event.

(2.1) A caterer does not contravene subsection (2) (

b) merely because he or she serves liquor at no charge to the patrons of an event catered by the caterer. , and

(

c) in subsection (2) (

c) by striking out “ subsection (1). ” and substituting “ subsection (1) or, in the case of a price set in relation to an event under subsection (1.1) (

b) or (1.2), alter that price after the event has begun. ”

Section 42 is amended

(

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

(1) A person must not consume liquor in a licensed establishment unless

(

a) the liquor has been purchased from or served by the licensee of that licensed establishment, or

(

b) if the licensed establishment is the site of a catered event, the liquor has been purchased from or served by the caterer catering the event. ,

(

b) in subsection (2) by striking out “ Subject to subsection (7), a licensee ” and substituting “ A licensee ”,

(

c) in subsection (3) by striking out “ licensed establishment. ” and substituting “ licensed establishment or while working at the site of a residential event catered by the licensee. ”,

(

d) by adding the following subsections:

(6.1) All liquor sold to the host of a residential event by the caterer catering the residential event must be consumed there, and the caterer must not allow a patron to take from the residence a bottle of wine sold by the caterer that is unfinished unless

(

a) that bottle is sealed by the caterer before being taken by that patron from the residence, and

(

b) the caterer informs the patron of the requirements of

section 44 of the Act.

(8) For the purposes of subsection (7), “banquet hall” means premises that

(

a) are available for rent or use in relation to events, and

(

b) are not open for service to the public on a regular basis. , and

(

e) in subsection (7) by striking out “ may allow a person to bring into the licensed establishment an unopened bottle of commercially-made wine for consumption in the licensed establishment ” and substituting “ other than a banquet hall may allow a person to bring into the licensed establishment an unopened bottle of commercially-made wine for consumption in that licensed establishment ”.

Section 43 is amended

(

a) in subsection (2) (

c) by adding “ catering licences, ” after “ food primary licences, ”, and

(

b) in subsection (8) by striking out “ to which

section 13 of the Act applies, ” and substituting “ or at a residential event catered by the licensee, ”.

Section 44 is amended by adding the following subsections:

(2.1) Subsections (1) and (2) do not apply to a licensee in relation to an event catered by the licensee.

(2.2) Unless otherwise authorized by the general manager,

(

a) at a catered event, the caterer must ensure that liquor is taken from patrons within 1/2 hour after the time stated on the catering authorization for the hours of liquor service, or

(

b) at a residential event, all unused liquor, purchased under the caterer’s licence, must be returned to the caterer’s business location at the conclusion of the residential event,

unless the liquor is a bottle of wine that is sealed in accordance with

section 42 (4) (

a) or (6.1) (a), as the case may be.

(3.1) Subsection (3) does not apply to a licensee in relation to the site of a catered event catered by the licensee.

Section 47 is amended by adding the following subsection:

(5) If the general manager has endorsed a liquor primary licence referred to in subsection (1) with a catering endorsement, the licensee must not offer off premises sales during an event catered by the licensee.

Section 50.1 is amended

(

a) in subsection (1) in the definition of “promotional activity” by striking out “ licensed establishment, ” and substituting “ licensed establishment, if any, and, in the case of a caterer, to the operation of the caterer’s catering business, ”,

(

b) in subsection (3) (c) (

i) by striking out “ licensed establishments, and ” and substituting “ licensed establishments or, in the case of an event catered by the licensee, patrons of the event, and ”,

(

c) in subsection (3) (f) (

i) by adding “ , or, if the licensee is a caterer, at the licensee’s business location, ” after “ relates ”, and

(

d) by adding the following subsection:

(4) A reference to a licensed establishment in subsection (3) (h) (

i) does not include a reference to the site of a catered event.

Section 57 is amended by adding the following subsections:

(3.1) Except to the extent that a caterer is restricted from doing so by a term or condition of the person’s licence, the caterer may include, in an advertisement, information respecting

(

a) the ability of the caterer to offer catering services that include the sale and service of liquor,

(

b) the type of liquor that may be offered for sale or service at events catered by the caterer, without reference to the name of the manufacturer of any liquor that the caterer may offer or the name of any product that may be provided, and

(

c) the fact that the caterer has provided catering services for previous events,

but must not otherwise advertise the availability, sale or service of liquor in relation to an ongoing or upcoming event catered by the caterer or in relation to the catering business.

(4.1) Subsection (4) applies to advertising that a caterer may place under subsection (3.1).

Section 69 is amended

(

a) in subsection (1) by adding the following paragraph:

(a.1) the licensee holds a catering licence and sells liquor at an event catered by the licensee while

(

i) the catering licence is under suspension, or

(ii) the caterer’s catering authorization is under suspension or cancelled,

(

b) by adding the following subsection:

(1.1) Subject to subsection (2), if the licensee holds a licence endorsed with a catering endorsement and sells liquor at an event catered by the licensee while

(

a) the catering endorsement is under suspension, or

(

b) the caterer’s catering authorization is under suspension or cancelled,

the general manager must cancel the catering endorsement. ,

(

c) in subsection (2) by adding “ or cancel a catering endorsement in a circumstance referred to in subsection (1.1) ” after “ of this

section ”,

(

d) in subsection (3) by adding “ or cancelling a catering endorsement ” after “ cancelling a licence ”,

(

e) in subsection (3) (

b) by adding “ or catering endorsement, as the case may be, ” after “ suspends the licence ”,

(

f) in subsection (4) by striking out “ if the general manager is satisfied that it is in the public interest to refrain from cancelling the licence ” and substituting “ or cancelling a catering endorsement if the general manager is satisfied that it is in the public interest to refrain from cancelling the licence or catering endorsement, as the case may be, ”, and

(

g) in subsection (4) (

a) by adding “ or licensee’s catering endorsement, as the case may be, ” after “ licensee’s licence ”.

Schedule 1 is amended

(

a) by adding the following Items:

7.1

Catering

15.1

Catering for first year of licensing

17.1

Renew catering endorsement (for one year renewal term)

29.1

Add catering endorsement

(

b) in Item 17 by adding “ catering, ” before “ licensee retail store ”, and

(

c) in Item 31 by adding the following paragraph:

(b.1) change of location of business location of caterer

Schedule 4 is amended

(

a) by repealing

section 1 (1) and substituting the following:

(1) For the purposes of this Schedule,

(

a) a contravention is of the same type as another contravention if each contravention is described by the same Item of this Schedule,

(

b) subject to paragraph (c), a contravention by a licensee is

(

i) a first contravention if the contravention was committed at or in respect of an establishment, or, if the licensee is a caterer whose licence is endorsed with a catering endorsement, at or in respect of an establishment or at or in respect of an event catered by the caterer, and the licensee has not committed a contravention of the same type at or in respect of that establishment or at or in respect of an event catered by the licensee within the 12 month period preceding the commission of the contravention,

(ii) a second contravention if the contravention was committed at or in respect of an establishment, or, if the licensee is a caterer whose licence is endorsed with a catering endorsement, at or in respect of an establishment or at or in respect of an event catered by the caterer, and the licensee has committed one contravention of the same type at or in respect of that establishment or at or in respect of an event catered by the licensee within the 12 month period preceding the commission of the contravention, and

(iii) a subsequent contravention if the contravention was committed at or in respect of an establishment, or, if the licensee is a caterer whose licence is endorsed with a catering endorsement, at or in respect of an establishment or at or in respect of an event catered by the caterer, and the licensee has committed a second contravention of the same type at or in respect of that establishment or at or in respect of an event catered by the licensee within the 12 month period preceding the commission of the contravention, and

(

c) a contravention by a caterer with a catering licence is

(

i) a first contravention if the contravention was committed at or in respect of an event catered by the caterer and the licensee has not committed a contravention of the same type at or in respect of an event catered by the caterer within the 12 month period preceding the commission of the contravention,

(ii) a second contravention if the contravention was committed at or in respect of an event catered by the caterer and the licensee has committed one contravention of the same type at or in respect of an event catered by the caterer within the 12 month period preceding the commission of the contravention, and

(iii) a subsequent contravention if the contravention was committed at or in respect of an event catered by the caterer and the licensee has committed a second contravention of the same type at or in respect of an event catered by the caterer within the 12 month period preceding the commission of the contravention.

(

b) in Item 1 by adding “ , other than the site of a catered event, ” before “ in a manner ”,

(

c) by adding the following Items:

1.1

Operation of a catering business if (

a) the preparation and service of food is not the primary purpose of the business, or (

b) the caterer does not have the personnel or infrastructure necessary to prepare and serve food at events hosted by others.

10-15

20-30

30-60

$7 500 - $10 000

15.1

Permitting more persons at the site of a catered event than the lesser of (

a) the maximum number of people that, under the catering authorization, may be in attendance at the event, and (

b) the occupant load for the site of the event.

4-7

10-14

18-20

$5 000 - $7 000

36.1

Selling or serving liquor at a catered event without holding a catering authorization for that event.

4-7

10-14

18-20

$5 000 - $7 000

45.1

A breach of the Act by selling liquor at an event catered by the licensee while the licensee’s licence is under suspension, the licensee’s catering endorsement is under suspension or the licensee’s catering authorization is under suspension or cancelled.

If the licence is not cancelled or transferred in accordance with

section 69 of this regulation, at least 15 days.

(

d) in Items 14 and 15 by adding “ , other than the site of a catered event, ” before “ than the patron ”,

(

e) by repealing Item 25 and substituting the following:

A breach of (a)

section 44 (1) (

b) of this regulation by a licensee with a food primary licence failing to ensure that liquor is taken from patrons within 1/2 hour after the time stated on the licence for the hours of liquor service, or other time authorized by the general manager, (b)

section 44 (2.2) (

a) of this regulation by a caterer failing to ensure that liquor is taken from patrons within 1/2 hour after the time stated on the catering authorization for the hours of liquor service, or other time authorized by the general manager, or (c)

section 44 (2.2) (

b) of this regulation by a caterer failing to ensure that all unused liquor, purchased under the caterer’s licence, is returned to the caterer’s business location at the conclusion of a residential event catered by the caterer, or other time authorized by the general manager.

4-7

10-14

18-20

$5 000 - $7 000

(

f) in Item 30 by adding “ or during an event after it has been set for that event ” after “ for that day ”, and

(

g) in Item 36 by striking out “

section 15 (2) of the Act [failure to disclose a material fact or false or misleading statement in application] ” and substituting “

section 13.06 (3) of this regulation or

section 15 (2) of the Act ”.

Copyright © 2013: Queen's Printer, Victoria, British Columbia, Canada