British Columbia Gazette Part II — B.C. Reg. 291/2016
B.C. Reg. 291/2016
British Columbia — Gazette
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Volume 59, No. 23
291/2016
The British Columbia Gazette,
Part II
December 13, 2016
B.C. Reg. 291/2016 , deposited December 7, 2016, under the LIQUOR CONTROL AND LICENSING ACT [sections 80 to 86 and 89], the AGRICULTURAL LAND COMMISSION ACT [section 58], the VANCOUVER CHARTER [section 279A.1 (1)], the ENVIRONMENTAL MANAGEMENT ACT [section 119 (1) (c)], the GAMING CONTROL ACT [section 105 (1) (m)], the LIQUOR DISTRIBUTION ACT [section 37 (1)], the PROVINCIAL SALES TAX ACT [sections 236 and 246], the SECURITY SERVICES ACT [section 52] and the SPECIAL WINE STORE LICENCE AUCTION ACT [section 15]. Order in Council 883/2016, approved and ordered December 6, 2016.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(
a) the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is amended as set out in the attached
Schedule 1, and
(
b) effective January 23, 2017, the regulations set out in the attached
Schedule 2 are amended as set out in that Schedule.
— C. OAKES, Minister of Small Business and Red Tape Reduction and Minister Responsible for the Liquor Distribution Branch ; M. MORRIS, Presiding Member of the Executive Council .
Schedule 1
Section 1 of the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is amended by repealing the definition of “club” .
Section 2 is amended by adding the following definition:
“person” includes the following:
(
a) a chartered branch or unit of a corporation referred to in
section 11 (1) (b);
(
b) an entity referred to in
section 11 (1) (c);
Section 3 is repealed and the following substituted:
Definitions for Act
(1) In the Act:
“compliance history” has the same meaning as in
section 149 of this regulation;
“issued under this Act” includes converted under
Part 8 of this regulation.
(2) In
section 86 of the Act, “issued under the former Act” and “issued at different times under the former Act” include converted under the former Act.
Section 11 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Only the following are eligible to hold a liquor primary club licence:
(
a) a corporation that
(
i) has at least 50 members who pay an annual membership fee,
(ii) does not have share capital, and
(iii) does not operate for the financial gain of its members;
(
b) a chartered branch or unit of a corporation that meets the requirements of paragraph (a) (ii) and (iii) if the branch or unit has at least 50 members who pay an annual membership fee;
(
c) an entity not described in paragraph (
a) or (
b) that
(
i) held, on January 22, 2017, a liquor primary club licence under the Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267, and
(ii) has at least 50 members who pay an annual membership fee. ,
(
b) in subsection (2) (
a) by striking out “ of the club ”,
(
c) in subsection (2) (
b) by striking out “ in the club ” and substituting “ in the establishment ”,
(
d) in subsection (4) (
a) by striking out “ of the club ”, and
(
e) in subsection (4) (
c) by striking out “ club ” and substituting “ licensee ”.
Section 26 (
c) is amended by striking out “ to, an ” and substituting “ to an ”.
Section 36 (
a) is repealed and the following substituted:
(
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.; .
Section 40 (
a) is amended by striking out “ of the records ” and substituting “ of the record ”.
Section 64 (1) (
a) is amended by adding “ liquor ” before “ service ”.
Section 80 (2) (
e) is repealed and the following substituted:
(
e) sales records respecting other goods sold or services provided by the licensee in the establishment; .
Section 113 is amended
(
a) in subsection (1) by striking out “ described paragraph ” and substituting “ described in paragraph ”, and
(
b) in subsection (3) (
b) by striking out “ who been ” and substituting “ who have been ”.
Section 163 (1) is repealed and the following substituted:
(1) A minor may be employed in an establishment under a liquor primary licence that is not a stadium for any employment purpose other than the selling or serving of liquor,
(
a) if the minor was hired on or after January 23, 2017, during the period that minors are allowed to enter and be in the service area, and
(
b) if the minor was hired before January 23, 2017, during any period.
Section 180 (1) is amended in paragraph (a) (
i) of the definition of “off-site applicant” by striking out “ caterer ” and substituting “ catering ”.
Section 182 (1) (
b) is amended by striking out “ from
section ” and substituting “ from sections ”.
Section 184 (4) is amended by striking out “ program ” and substituting “ program, ”.
Section 194 (2) is amended by striking out everything before paragraph (
a) and substituting the following:
(2) An owner of or person who works for a delivery service may, subject to the conditions set out in subsection (3),
16 The following
Part is added:
Part 8 – Transitional Provisions
Definitions
(1) In this Part:
“converted” , in respect of a licence, endorsement, authorization or permit, means a licence, endorsement, authorization or permit that was converted by this Part from a former licence, endorsement, authorization or permit;
“former” , in respect of a licence, endorsement, authorization or permit, means a licence, endorsement, authorization or permit issued under the former Act;
“former Act” means the Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267, as it read on January 22, 2017;
“issued under the former Act” , in respect of a licence, endorsement, authorization or permit, includes a licence, endorsement, authorization or permit converted under the former Act.
(2) The definition of “converted” in subsection (1) does not apply to the definition of “issued under the former Act” in that subsection.
Converted licences
208 A class of licence set out in column 1 of the following table issued under the former Act is converted to the class of licence set out opposite in column 2:
Table
Item
Column 1
Former Class of Licence
Column 2
Converted Class of Licence
liquor primary licence
liquor primary licence
liquor primary club licence
liquor primary club licence, being a subclass of a liquor primary licence
food primary licence
food primary licence
catering licence
catering licence
brewer’s or brewery licence
brewery licence
winery licence
winery licence
distiller’s or distillery licence
distillery licence
agent’s licence issued to a person who represents a manufacturer who manufactures
liquor outside British Columbia
agent’s licence
U-Brew licence
U-Brew and U-Vin licence
U-Vin licence
U-Brew and U-Vin licence
licensee retail store licence
licensee retail store licence
wine store licence
wine store licence
special wine store licence
special wine store licence
Converted endorsements
209 A class of endorsement set out in column 1 of the following table issued under the former Act is converted to the class of endorsement set out opposite in column 2:
Table
Item
Column 1
Former Class of Endorsement
Column 2
Converted Class of Endorsement
temporary use area endorsement
temporary use area endorsement
off premises sales endorsement
off-premises sales endorsement
catering endorsement
catering endorsement
brewery lounge, winery lounge or distillery lounge endorsement
lounge endorsement
special event endorsement
special event area endorsement
manufacturer on-site store endorsement
manufacturer on-site store endorsement
picnicking endorsement
picnic area endorsement
temporary off-site sale endorsement
temporary off-site sale endorsement
210 Without limiting a power of the general manager under the Act to impose terms and
licence, a converted licence and a converted endorsement are subject to the following
23, 2017 in respect of the class of converted licence or endorsement;
apply to the related former licence or endorsement on January 22, 2017 and that were
not imposed on the class of former licence or endorsement.
Converted applications for former licences and endorsements
211 An application for a former licence referred to in
section 208 or a former endorsement
referred to in
section 209 that was received by the general manager before January
23, 2017 and that is outstanding on that date is converted to an application for the
related converted licence or converted endorsement, as the case may be.
Fees for food primary licence
(1) The fees for the first year of the food primary licence that is applied for under
an application converted under
section 211 may be paid, despite
section 202, after
the application is submitted, but must be paid before the licence is issued.
(2) This
section is repealed on January 23, 2018.
Person capacity
(1) The person capacity, as defined in the former regulation, set by the general
manager for an establishment under a former liquor primary, liquor primary club or
food primary licence continues to apply as the person capacity for the service area
of the related converted licence until a new person capacity is established under
section 72.
(2) The person capacity, as defined in the former regulation, set by the general
manager in respect of a former brewery lounge, winery lounge or distillery lounge
endorsement, former special event endorsement or former picnicking endorsement continues
to apply to the service area of the related converted endorsement until a new person
capacity is established under
section 72.
Record-keeping – converted U-Brew and U-Vin licences
(1) If a licensee referred to in
section 51 (1) holds a converted U-Brew and U-Vin
licence, the requirement under
section 51 (1) to keep records and copies for a period
of at least 6 years from the creation of the records or copies applies to records
and copies created on or after January 23, 2014.
(2) This
section is repealed on January 23, 2020.
Dormant licences
(1) If, in the general manager’s opinion, a former licence is dormant on January
22, 2017, the prescribed period under
section 49 (5) of the Act in respect of the
related converted licence does not start until January 23, 2017.
(2) This
section is repealed on January 23, 2020.
Converted authorizations
216 A class of authorization set out in column 1 of the following table issued under
the former Act is converted to the class of authorization set out opposite in column
Table
Item
Column 1
Former Class of Authorization
Column 2
Converted Class of Authorization
catering authorization
catering authorization
temporary use area authorization
temporary use area authorization
market authorization
market authorization
temporary off-site sale authorization
temporary off-site sale authorization
217 Without limiting a power of the general manager under the Act to impose terms and
on an authorization, a converted authorization is subject to the following terms and
conditions:
23, 2017 in respect of the class of converted authorization;
apply to the related former authorization on January 22, 2017 and that were not imposed
on the class of former authorization.
Converted applications for former authorizations
218 An application for a former authorization that was received by the general manager
before January 23, 2017 and that is outstanding on that date is converted to an application
for the related converted authorization.
References to authorization in Act
(1) In the Act, a reference to an authorization must be read as including a converted
authorization.
(2) This
section is repealed on January 23, 2020.
Converted permits
220 A class of licence or permit set out in column 1 of the following table issued under
the former Act is converted to the class of permit set out opposite in column 2:
Table
Item
Column 1
Former Class of Licence or Permit
Column 2
Converted Class of Permit
special occasion licence
special event (former Act) permit, being a subclass of a special event permit
permit issued under
section 7.2 of the former Act
charitable auction permit
permit issued under
section 9 of the former Act
ethyl alcohol purchase permit
Law that applies to special event (former Act) permits
(1) The former Act and the former regulation continue to apply to all matters in
respect of a special event (former Act) permit as though the permit were a special
occasion licence.
(2) The provisions of the Liquor Control and Licensing Act , S.B.C. 2015, c. 19, and Parts 1 to 7 of this regulation relating to special event
permits do not apply to a special event (former Act) permit except to the extent necessary
to give effect to subsection (1).
(3) This
section is repealed on January 23, 2020.
in effect on January 22, 2017 that were imposed on the related former special occasion
licence under the former Act or by the general manager under the former Act.
223 Without limiting a power of the general manager under the Act to impose terms and
a converted charitable auction permit and a converted ethyl alcohol purchase permit
23, 2017 in respect of the class of converted permit;
apply to the related former permit on January 22, 2017 and that were not imposed on
the class of former permit.
Converted application for special occasion licences and former permits
(1) An application for a special occasion licence that was received by the general
manager before January 23, 2017 and that is outstanding on that date is converted
to an application for a special event permit.
(2) An application for a permit to be issued under
section 7.2 of the former Act
that was received by the general manager before January 23, 2017 and that is outstanding
on that date is converted to an application for a charitable auction permit.
(3) An application for a permit to be issued under
section 9 of the former Act
that was received by the general manager before January 23, 2017 and that is outstanding
on that date is converted to an application for an ethyl alcohol purchase permit.
Authorized vendor
(1) Paragraph (
c) of the definition of “authorized vendor” as enacted by
section 101 (
c) of the Act must be read as including a person to whom a special event permit is issued.
(2) This
section is repealed on January 23, 2020.
Schedule 2
Agricultural Land Reserve Use, Subdivision and Procedure Regulation
Section 2 (2.2) (a) (
i) and (ii) of the Agricultural Land Reserve Use, Subdivision
and Procedure Regulation, B.C. Reg. 171/2002, is amended by adding “ , R.S.B.C. 1996, c. 267, ” after “ Liquor Control and Licensing Act ”.
2 The definition of “ancillary use” in
section 2 (2.4) is amended
(
a) by repealing paragraph (c) (
i) and substituting the following:
(
i) is sold as a single serving in a lounge referred to in paragraph (
b) or in
a service area under a special event area endorsement endorsed on the licence issued
under the Liquor Control and Licensing Act for the brewery, cidery, distillery, meadery or winery, and , and
(
b) by repealing paragraphs (
e) and (
f) and substituting the following:
(
e) cooking classes if the classes are held in a food premises within the meaning
of the Food Premises Regulation that has been constructed, and is being operated,
in compliance with that regulation;
(
f) gathering for an event, if the event is held only in the lounge referred to
in paragraph (
b) or the special event area under a special event area endorsement
referred to in paragraph (c), and, for this purpose,
section 3 (4) (
k) does not apply; .
Classes of Business Premises Regulation
3 The title to the Classes of Business Premises Regulation, B.C. Reg. 33/99, is
repealed and the following substituted:
CLASSES OF BUSINESS PREMISES AND LIQUOR LICENCES REGULATION .
4 The following
section is added:
Prescribed classes of liquor licences
3 The following classes of licences under the Liquor Control and Licensing Act are prescribed for the purposes of the definition of “licensed establishment” in
section 279A.1 (1) of the Vancouver Charter :
(
a) liquor primary licence;
(
b) food primary licence.
Conservation Officer Service Authority Regulation
Section 1 (2) (
e) of the Conservation Officer Service Authority Regulation, B.C.
Reg. 318/2004, is repealed and the following substituted:
(e) sections 44 (6), 73 (1), 74 (1) and 76 (2) of the Liquor Control and Licensing Act ; .
6 The Table is amended in Column 2 by striking out “ Liquor Control and Licensing Act , sections 41, 67, 69, 70 and 72 ” and substituting “ Liquor Control and Licensing Act , sections 44 (2) and (5), 45, 47 and 74 (2) ”.
Gaming Control Regulation
Section 38 (d) (ii) to (iv) of the Gaming Control Regulation, B.C. Reg. 208/2002,
is repealed and the following substituted:
(ii) a liquor primary licence has been issued under the Liquor Control and Licensing Act in respect of the premises;
(iii) the minor
primary licence and is supervised by his or her parent or guardian, or
(
B) is employed to work on the premises under
section 163 (1) of the Liquor Control
and Licensing Regulation other than as a gaming worker and is supervised in accordance
with
section 162 of that regulation.
Liquor Distribution Regulation
8 The Liquor Distribution Regulation, B.C. Reg. 611/76, is amended by adding the
following sections:
Authorized vendor
4 The following classes of licences are prescribed for the purposes of paragraph (
c) of the definition of “authorized vendor” in
section 1 (1) of the Liquor Distribution Act :
(
a) liquor primary licence;
(
b) food primary licence;
(
c) catering licence;
(
d) licensee retail store licence;
(
e) wine store licence;
(
f) special wine store licence.
Manufacturer’s agent
5 The class of licence prescribed for the purposes of the definition of “manufacturer’s
agent” in
section 1 (1) of the Liquor Distribution Act is the agent’s licence.
Provincial Sales Tax Regulation
9 The Provincial Sales Tax Regulation, B.C. Reg. 96/2013, is amended by adding
the following section:
Liquor permit
3.2 For the purposes of the definition of “liquor permit” in
section 1 of the Act, the
class of permit prescribed is the special event permit.
Section 86 (3) (
a) is repealed and the following substituted:
(
a) sells to the person liquor that will be sold or served under the person’s
licence, and .
Section 88.1 is repealed and the following substituted:
Records of holder of liquor permit
88.1 A holder of a liquor permit, other than a holder who is a collector, must keep records
sufficient to furnish the director with the necessary particulars of sales of liquor
under the permit.
Security Services Regulation
Section 1 of the Security Services Regulation, B.C. Reg. 207/2008, is amended
by adding the following subsection:
(1.1) In the Act and this regulation, “establishment licensed under the Liquor Control and Licensing Act ” includes an event site referred to in an authorization or a special event permit
under the Liquor Control and Licensing Act .
Special Wine Store Licence Auction Regulation
Section 8 of the Special Wine Store Licence Auction Regulation, B.C. Reg. 25/2016,
is repealed and the following substituted:
Exception to forfeiture of deposit
8 For the purposes of
section 12 of the Act, the deposit of a successful bidder is
not forfeited if the bidder’s application for a special wine store licence is refused
under
section 19 (4) of the Liquor Control and Licensing Act .
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