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Volume 46, No. 24

B.C. Reg. 437/2003

The British Columbia Gazette,

Part II

December 2, 2003

B.C. Reg. 437/2003, deposited November 28, 2003, pursuant to the LIQUOR CONTROL AND LICENSING ACT [Section 84]. Order in Council 1146/2003, approved and ordered November 27, 2003.

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 Public Safety and Solicitor General; C. CLARK, Presiding Member of the Executive Council.

Schedule

1 The Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following section:

Promotional activity

50.1

(1) In this section:

"agent" means a person licensed to act as an agent under

section 52 of the Act;

"buy-sell agreement" means a buy-sell agreement referred to in subsection (3) (d);

"promotional activity" means any activity that is prohibited or restricted under

section 45 (1) or (2) of the Act and includes the provision of goods and services related to the operation of a licensed establishment, but does not include the provision of cash, credit or any other form of financial assistance;

"promotional item" means any item provided to a licensee as part of a promotional activity;

(2) Subject to subsection (3), the general manager may

(

a) exempt any liquor manufacturer, agent or licensee from one or more prohibitions and restrictions under

section 45 (1) and (2) of the Act, and

(3) If an exemption is granted under subsection (2) (

a) in respect of promotional activities,

(

b) any promotional activity undertaken in reliance on the exemption must be consistent with

(

i) any promotional item provided to a licensee must be provided to, or be for the principal benefit of, patrons of the licensee's licensed establishments, and

(ii) liquor must not be provided as a promotional item,

(

e) a buy-sell agreement must not exclude, restrict or otherwise prohibit a licensee from carrying or selling the products of a competitor of a liquor manufacturer or agent,

(

f) a licensee who has entered into a buy-sell agreement must

(

i) subject to paragraph (h), retain a true copy of that agreement in the establishment to which the buy-sell agreement relates from the date the agreement is signed to the second anniversary of the date on which the agreement terminates, and

(ii) produce that agreement to the general manager immediately on request,

(

g) a liquor manufacturer or agent who has entered into a buy-sell agreement must

(

i) subject to paragraph (h), retain a true copy of that agreement from the date the agreement is signed to the second anniversary of the date on which the agreement terminates, and

(ii) produce that agreement to the general manager immediately on request,

(

h) if a licensee who has entered into a buy-sell agreement with a liquor manufacturer or agent has more than one licensed establishment, a true copy of that buy-sell agreement must,

(

i) for the purposes of paragraph (f) (i), be retained by the licensee at each of those licensed establishments for the period referred to in that paragraph, and

(ii) for the purposes of paragraph (g) (i), be retained by the liquor manufacturer or agent in the provincial office of the liquor manufacturer or agent for the period referred to in that paragraph, and

(

i) despite any provision in a buy-sell agreement to the contrary, the parties to a buy-sell agreement must not engage in promotional activity that is not, or that ceases to be, authorized under one or more of

(

i) the Act,

(ii) this regulation, and

Section 53 is amended

(

a) by adding the following subsection:

(1.1) In subsections (2) and (3), "permanently" , in relation to an amendment to a licence, means an amendment that is intended to apply to the licence generally rather than for a specified period or in relation to a specified event. , and

(

b) in subsections (2) and (3) by adding "to permanently amend the licence" after "includes an application".

Schedule 4 is amended

(

a) in Item 33 by striking out "section 58" and substituting "section 57", and

(

b) by adding the following:

PROMOTIONAL ACTIVITY

40.1

A breach of

section 50.1 (3) (

d) of this regulation by engaging in promotional activity if that promotional activity is required to be, but is not, documented in an appropriate buy-sell agreement

1-3

3-6

6-9

$1 000 -

$3 000

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