British Columbia Gazette Part II — B.C. Reg. 048/2013
B.C. Reg. 048/2013
British Columbia — Gazette
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Volume 56, No. 2
48/2013
The British Columbia Gazette,
Part II
February 12, 2013
B.C. Reg. 48/2013 , deposited February 8, 2013, pursuant to the MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2010 [sections 172 and 247] and the LIQUOR CONTROL AND LICENSING ACT [section 84]. Order in Council 72/2013, approved and ordered February 7, 2013.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(
a) section 172 of the Miscellaneous Statutes Amendment Act (No. 3), 2010 , S.B.C. 2010, c. 21, is brought into force,
(
b) effective March 1, 2013,
section 140 of the Miscellaneous Statutes Amendment Act (No. 3), 2010 , S.B.C. 2010, c. 21, is brought into force,
(
c) the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached
Schedule 1, and
(
d) effective March 1, 2013, the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended as set out in the attached
Schedule 2.
— 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 1
Section 1 (1) of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following
definitions:
“manufacturer on-site store” means a store that
(
a) is owned or leased by a licensee who holds a manufacturer licence, and
(
b) is located on the manufacturer site;
“manufacturer on-site store endorsement” means, in relation to a manufacturer licence, a provision of the licence that authorizes the sale or service of liquor; .
Section 6 (5) is amended by adding “ wine store, ” after “ U-Vin, ”.
3 The heading to Division 2 of
Part 3 is repealed and the following substituted:
Division 2 – Licensee Retail Store Licences and Wine Store Licences .
4 The following
section is added:
Wine stores
(
a) subject to limitation by the general manager, only wine may be sold in the wine store;
(
b) subject to limitation by the general manager, hours of wine service must start no earlier than 9 a.m. and end no later than 11 p.m.;
(
c) a minor is not allowed to be present in the wine store unless the minor is accompanied by a parent or guardian or authorized by the general manager;
(
d) packaged snacks, wine related items and other items authorized by the general manager may be sold;
(
e) despite
section 46, entertainment and games are not allowed in the wine store;
(
f) consumption of wine within a wine store is not allowed except as authorized by the general manager.
(2) Subject to subsections (3) and (4), a wine store licence must not be issued, renewed or transferred unless
(
a) the wine store 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.
(3) A wine store licence that does not comply with subsection (2) may be renewed or transferred
(
a) if the location of the wine store was approved by the general manager or the general manager of the Liquor Distribution Branch on a previous occasion in accordance with the law that was in force at the time of the approval, or
(
b) if the establishment is associated with another business and the association was permitted by the law that was in force at the time the general manager or the general manager of the Liquor Distribution Branch approved the licence.
(4) A wine store licence that is converted from an appointment under
section 75 is exempt from subsection (2) as follows:
(
a) the exemption is only with respect to any non-compliance with the requirements in subsection (2) at the date of conversion;
(
b) other than in respect of a wine store licence issued to a wine store that sells only wine for sacramental purposes, the exemption is in place only from the date of conversion until the wine store, with respect to which the wine store licence is issued, moves to premises at a new location.
(5) A wine store licence under which the licensee is authorized to sell only wine for sacramental purposes that is converted from an appointment under
section 75 of this regulation is exempt from
section 38 (3) (
a) of the Act and
section 35 (1) of this regulation.
(6) A wine store licence under which the licensee is authorized to sell only BC VQA wine, within the meaning of the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, that is converted from an appointment under
section 75 of this regulation is exempt from the requirements in
section 16 (1) (
b) and (
c) of the Act.
(7) The following are prohibited in relation to a wine store licence:
(
a) the issuance of a wine store licence, other than a wine store licence that was converted from an appointment under
section 75;
(
b) an application for a wine store licence.
Section 18.1 is amended
(
a) by repealing subsection (4) (
a) and substituting the following:
(
a) purchased from the licensee at a store with a manufacturer on-site store endorsement under
section 18.2, , and
(
b) by repealing subsection (8) and substituting the following:
(8) Hours of liquor consumption in a picnicking area must start no earlier than 9 a.m. and end not later than dusk unless otherwise authorized or limited by the general manager.
6 The following
section is added:
Endorsement for manufacturer on-site store
18.2
(1) A licensee holding a manufacturer licence or an applicant for a manufacturer licence may apply for one manufacturer on-site store endorsement per licence, and this
section applies only to those endorsements and to the applications applicable to them.
(
a) the sale or service of liquor is restricted in the manufacturer on-site store to liquor registered to the licensee under an agreement under
section 5 of the Liquor Distribution Act ;
(
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 11 p.m.;
(
c) a minor is not allowed to be present in a manufacturer on-site store unless the minor is accompanied by a parent or guardian or authorized by the general manager;
(
d) packaged snacks, liquor related items and other items authorized by the general manager may be sold;
(
e) despite
section 46, entertainment and games are not allowed in the manufacturer on-site store;
(
f) consumption of liquor within a manufacturer on-site store is not allowed except as authorized by the general manager.
Section 20 is amended by striking out “ and ” at the end of paragraph (a), by adding “, and ” at the end of paragraph (
b) and by adding the following paragraph:
(c) 45 millilitres for a distillery.
Section 50 (2) is amended by adding the following paragraph:
(
d) those licensees who hold a wine store licence and a winery licence with respect to the wine store owned by the licensee.
9 The following sections are added:
Conversion of appointment to endorsement
(1) The appointment of a person who
(
a) is appointed as agent under
section 18 (5) of the Liquor Distribution Act to operate a manufacturer on-site store, and
(
b) holds a winery licence, a brewery licence or a distillery licence immediately before February 1, 2013
is converted on February 1, 2013 to a manufacturer on-site store endorsement.
(2) An application for an appointment as agent to operate a manufacturer on-site store under
section 18 (5) of the Liquor Distribution Act is converted on February 1, 2013 to an application for a manufacturer on-site store endorsement.
(3) Section 18.2 of this regulation applies to a manufacturer on-site store endorsement that was converted from an appointment to operate a manufacturer on-site store under subsection (1).
Conversion of appointment to licence
(1) The appointment of a person who is appointed under
section 18 (5) of the Liquor Distribution Act to operate an agency store that sells only wine that is in effect immediately before February 1, 2013 is converted on February 1, 2013 to a wine store licence.
(2) Section 14.1 of this regulation applies to a wine store licence that was converted from an appointment to operate an agency store that sells only wine under subsection (1).
Schedule 1 is amended
(
a) by repealing items 8, 9 and 10 and substituting the following, as indicated:
Item
Fee ($)
Licence Application Fees
Distiller with no endorsement
8.1
Distiller with manufacturer on-site store endorsement
fee in item 8 plus 110
Brewer with no endorsement
9.1
Brewer with manufacturer on-site store endorsement
fee in item 9 plus 110
Winery with no endorsement
10.1
Winery with manufacturer on-site store endorsement
fee in item 10 plus 110
10.2
Winery with special event endorsement
fee in item 10 plus 110
10.3
Winery with winery lounge endorsement
fee in item 10 plus 330
10.4
Winery with both winery lounge and special event endorsement
fee in item 10 plus 440
(
b) by adding the following item before the heading “ Renewal Fees ”:
16.1
Wine store licence for first year of licensing
(
c) in item 17 by adding “ , wine store ” after “ licensee retail store ”, and
(
d) by repealing items 18, 19, 20 and 21 and substituting the following:
Distiller with no endorsement
1 100
18.1
Distiller with manufacturer on-site store endorsement
fee in item 18 plus 110
Brewer with no endorsement $0.12 a hectolitre multiplied by the total number of hectolitres of malt liquor shipped by a brewer in British Columbia, from any brewery owned, occupied or used by that brewer in the previous year ending on December 31,
with a minimum fee of 1 100
19.1
Brewer with manufacturer on-site store endorsement
fee in item 19 plus 110
Winery, if producing more than 135 000 litres of wine a year, with no endorsement
1 100
20.1
Winery, if producing more than 135 000 litres of wine a year, with manufacturer on-site store endorsement
fee in item 20 plus 110
20.2
Winery, if producing more than 135 000 litres of wine a year, with special event endorsement
fee in item 20 plus 110
20.3
Winery, if producing more than 135 000 litres of wine a year, with winery lounge endorsement
fee in item 20 plus 330
20.4
Winery, if producing more than 135 000 litres of wine a year, with both winery lounge and special event endorsements
fee in item 20 plus 440
Winery, if producing 135 000 litres of wine or less a year, with no endorsement
21.1
Winery, if producing 135 000 litres of wine or less a year, with manufacturer on-site store endorsement
fee in item 21 plus 110
21.2
Winery, if producing 135 000 litres of wine or less a year, with special event endorsement
fee in item 21 plus 110
21.3
Winery, if producing 135 000 litres of wine or less a year, with winery lounge endorsement
fee in item 21 plus 330
21.4
Winery, if producing 135 000 litres of wine or less a year, with both winery lounge and special event endorsements
fee in item 21 plus 440
Schedule 2
Section 1 (1) of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended
(
a) by adding the following
definitions:
“brewery licence” means a licence issued under
section 12 of the Act to a person who manufactures beer in British Columbia;
“brewery lounge” means an area in a brewery to which a brewery lounge endorsement applies;
“brewery lounge endorsement” means a provision of a brewery licence that authorizes the sale or service of beer for consumption in an indoor area or a patio area of the brewery specified by the general manager;
“distillery licence” means a licence issued under
section 12 of the Act to a person who manufactures spirituous liquors in British Columbia;
“distillery lounge” means an area in a distillery to which a distillery lounge endorsement applies;
“distillery lounge endorsement” means a provision of a distillery licence that authorizes the sale or service of spirituous liquors for consumption in an indoor area or a patio area of the distillery specified by the general manager;
“manufacturer licence” means one of the following:
(
a) a brewery licence;
(
b) a distillery licence;
(
c) a winery licence;
“manufacturer site” means one of the following:
(
a) the site of a brewery;
(
b) the site of a distillery;
(
c) the site of a winery; , and
(
b) by repealing the
definitions of “endorsement” , “endorsement area” , “picnicking area” , “picnicking endorsement” , “special event area” , “special event endorsement” , “tour area” and “tour endorsement” and substituting the following:
“endorsement area” means, in relation to a manufacturer licence, an area of the manufacturer site to which an endorsement applies;
“picnicking area” means, in relation to a manufacturer licence, an outdoor area of the manufacturer site to which a picnicking endorsement applies;
“picnicking endorsement” means, in relation to a manufacturer licence, a provision of the licence that authorizes consumption in an outdoor area of the manufacturer site specified by the general manager;
“special event area” means, in relation to a manufacturer licence, an area of the manufacturer site to which a special event endorsement applies;
“special event endorsement” means, in relation to a manufacturer licence, a provision of the licence that authorizes the sale or service of liquor for consumption in an area of the manufacturer site specified by the general manager;
“tour area” means, in relation to a manufacturer licence, an area of the manufacturer site to which a tour endorsement applies;
“tour endorsement” means, in relation to a manufacturer licence, a provision of the licence that authorizes the sale or service of liquor for consumption in an area of the manufacturer site specified by the general manager; .
Section 6 (5) is amended by striking out “ distillery, brewery ” and substituting “ a brewery without a brewery lounge endorsement or a distillery without a distillery lounge endorsement ”.
3 The heading to Division 4 of
Part 3 is repealed and the following substituted:
Division 4 – Wineries, Breweries and Distilleries .
Section 18 is amended
(
a) in subsection (1) by striking out “ , and this
section applies only to those endorsements and the applications and endorsement areas applicable to them ” and substituting “ in respect of the winery licence ”,
(
b) by adding the following subsections:
(1.1) A licensee holding a brewery licence or an applicant for a brewery licence may apply for a brewery lounge endorsement or a special event endorsement in respect of the brewery licence.
(1.2) A licensee holding a distillery licence or an applicant for a distillery licence may apply for a distillery lounge endorsement or a special event endorsement in respect of the distillery licence.
(1.3) This
section applies only to endorsements under subsections (1), (1.1) and (1.2) and the applications and endorsement areas, as applicable, to those endorsements. ,
(
c) by repealing subsections (2), (6), (7), (8) and (9) and substituting the following:
(2) An endorsement area must be
(
a) owned by or leased to the licensee who was granted the endorsement, and
(
b) located on the manufacturer site.
(6) Unless otherwise authorized by the general manager, the licensee must make food and non-alcoholic beverages available at reasonable prices to customers in a winery lounge, brewery lounge, distillery lounge or special event area.
(7) The sale or service of liquor is restricted as follows:
(
a) in a winery lounge or special event area in respect of a winery licence, the sale or service of liquor is restricted to wine manufactured in British Columbia;
(
b) in a brewery lounge or special event area in respect of a brewery licence, the sale or service of liquor is restricted to beer registered to the brewer under an agreement under
section 5 of the Liquor Distribution Act in respect of the brewery;
(
c) in a distillery lounge or special event area in respect of a distillery licence, the sale or service of liquor is restricted to spirituous liquor registered to the distiller under an agreement under
section 5 of the Liquor Distribution Act in respect of the distillery.
(8) Subject to subsections (21) to (24), if a licensee holding
(
a) a winery licence or an applicant for a winery licence applies for an endorsement under subsection (1) in respect of the winery,
(
b) a brewery licence or an applicant for a brewery licence applies for an endorsement under subsection (1.1) in respect of the brewery, or
(
c) a distillery licence or an applicant for a distillery licence applies for an endorsement under subsection (1.2) in respect of the distillery
the general manager must give notice of the application to the local government or first nation for the area in which the winery, brewery or distillery, as applicable, is located unless the local government or first nation has indicated that it does not wish to receive notice.
(9) In considering an application for which notice has been given under subsection (8), the local government or first nation must, in providing comments with respect to the application, take into account the following criteria:
(
a) the location of the winery lounge, brewery lounge, distillery lounge or special event area;
(
b) the proximity of the winery lounge, brewery lounge, distillery lounge or special event area to other social or recreational facilities and public buildings;
(
c) the person capacity and hours of liquor service of the winery lounge, brewery lounge, distillery lounge or special event area;
(
d) the impact of noise on the community in the immediate vicinity of the winery lounge, brewery lounge, distillery lounge or special event area;
(
e) the impact on the community if the application is approved. ,
(
d) in subsection (10) by adding “ , brewery lounge, distillery lounge ” after “ winery lounge ”, and
(
e) by adding the following subsections:
(21) If a licensee who holds, in respect of the same location,
(
a) a combination of any 2 or more manufacturer licences, and
(
b) one of the following:
(
i) a winery lounge endorsement in respect of a winery licence;
(ii) a brewery lounge endorsement in respect of a brewery licence;
(iii) a distillery lounge endorsement in respect of a distillery licence
applies for an endorsement described in paragraph (b) (i), (ii) or (iii) for the same endorsement area and with the same hours of liquor service as the existing endorsement, the general manager must give notice of the application to the local government or first nation for the area in which the winery, brewery or distillery, as applicable, is located unless the local government or first nation has indicated that it does not wish to receive notice.
(22) If a licensee who holds, in respect of the same location,
(
a) a combination of any 2 or more manufacturer licences, and
(
b) a special event endorsement in respect of one of the licences described in paragraph (
a) applies for a special event endorsement for the same endorsement area and with the same hours of liquor service as the existing endorsement, the general manager must give notice of the application to the local government or first nation for the area in which the winery, brewery or distillery, as applicable, is located unless the local government or first nation has indicated that it does not wish to receive notice.
(23) If the general manager gives notice under subsection (21) or (22), the local government or first nation must select
(
a) the process set out in subsections (9) to (20), or
(
b) the abbreviated process set out in subsection (24).
(24) The abbreviated process includes all of the following:
(
a) the local government or first nation must complete a form provided by the general manager, which must
(
i) include comments on the impact on the community if the endorsement is approved, and
(ii) be provided to the general manager within 90 days after the local government or first nation receives notice under subsection (21) or (22), or any further period authorized by the general manager in writing;
(
b) if the local government or first nation recommends that an endorsement be issued, the general manager must take that recommendation into account in deciding whether to issue the endorsement;
(
c) the general manager must not approve an application that is not supported by the local government or first nation unless the general manager is satisfied that
(
i) the local government or first nation did not comply with the requirements of this section, or
(ii) the recommendation provided by the local government or first nation is contrary to the public interest.
Section 18.1 is amended
(
a) by repealing subsections (1) and (3) and substituting the following:
(1) A licensee holding a manufacturer licence or an applicant for a manufacturer licence may apply for a picnicking endorsement or a tour endorsement, and this
section applies only to those endorsements and to the applications and endorsement areas applicable to them.
(3) Subject to subsection (4), (4.1) or (4.2), as applicable,
(
a) wine may be consumed within a winery’s endorsement area;
(
b) beer may be consumed within a brewery’s endorsement area;
(
c) spirituous liquors may be consumed within a distillery’s endorsement area. ,
(
b) by repealing subsection (4) (
a) and substituting the following:
(
a) purchased from the licensee at a store with a manufacturer on-site store endorsement under
section 18.2, ,
(
c) in subsection (4) (
b) by adding “ , a tour endorsement ” after “ winery lounge endorsement ”, and
(
d) by adding the following subsections:
(4.1) Beer consumed in a brewery’s endorsement area must be manufactured at the brewery and must be
(
a) purchased from or served by the licensee,
(
b) purchased from an area of the brewery to which a brewery lounge endorsement, a tour endorsement or a special event endorsement applies, or
(
c) provided by the licensee from the sampling room of the brewery.
(4.2) Spirituous liquor consumed in a distillery’s endorsement area must be manufactured at the distillery and must be
(
a) purchased from or served by the licensee,
(
b) purchased from an area of the distillery to which a distillery lounge endorsement, a tour endorsement or a special event endorsement applies, or
(
c) provided by the licensee from the sampling room of the distillery.
Section 43 (2) (
a) and (
b) is repealed and the following substituted:
(
a) manufacturer licences containing an endorsement referred to in
section 18 or 18.1 of this regulation;
(
b) manufacturer licences issued to establishments that provide samples in a sampling room designated by the general manager under
section 53 (1) of the Act;
(
d) manufacturer licences containing an endorsement referred to in
section 18.2 of this regulation.
Section 53 is amended
(
a) in subsection (1) by adding the following paragraphs:
(
e) brewery licences;
(
f) distillery licences. ,
(
b) in subsection (2) by striking out “ subsection (1) (a), (
b) or (c) ” and substituting “ subsection (1) (a), (b), (c), (
e) or (f) ”,
(
c) in subsection (2) (
b) by striking out “ a winery ” and substituting “ a winery, a brewery or a distillery ”, and
(
d) in subsection (5) by striking out “ or winery licence ” and substituting “ , winery licence, brewery licence or distillery licence ”.
Schedule 1 is amended by adding the following items, as indicated:
8.2
Distiller with special event endorsement
fee in item 8 plus 110
8.3
Distiller with distillery lounge endorsement
fee in item 8 plus 330
8.4
Distiller with both distillery lounge and special event endorsements
fee in item 8 plus 440
9.2
Brewer with special event endorsement
fee in item 9 plus 110
9.3
Brewer with brewery lounge endorsement
fee in item 9 plus 330
9.4
Brewer with both brewery lounge and special event endorsements
fee in item 9 plus 440
18.2
Distiller with special event endorsement
fee in item 18 plus 110
18.3
Distiller with distillery lounge endorsement
fee in item 18 plus 330
18.4
Distiller with both distillery lounge and special event endorsements
fee in item 18 plus 440
19.2
Brewer with special event endorsement
fee in item 19 plus 110
19.3
Brewer with brewery lounge endorsement
fee in item 19 plus 330
19.4
Brewer with both brewery and special event endorsements
fee in item 19 plus 440
30.1
Distiller endorsements
(
a) add special event (if another endorsement exists)
(
b) add distillery lounge
(
c) add both special event and distillery lounge
(
d) add special event (when distillery lounge does not exist)
30.2
Brewer endorsements
(
a) add special event (if another endorsement exists)
(
b) add brewery lounge
(
c) add both special event and brewery lounge
(
d) add special event (when brewery lounge does not exist)
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