British Columbia Order in Council — Order under Liquor Control and Licensing a) B (O.C. 795/2000)

O.C. 795/2000

British Columbia — Orders in Council

torney 4 eneral and Minister Responsible or Huma Rights residing Member of the Executive Council PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. - 795 , Approved and Ordered JUN - 5 2000 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) B.C. Reg. 608/76, the Liquor Control and Licensing Regulations, is amended as set out in

Schedule A, and (

b) effective September 1, 2000, B.C. Reg. 608/76, the Liquor Control and Licensing Regulations, is amended as set out in

Schedule B. (This

part is for administrative purposes only and is not part of the Order) Authority under which Order is made: Act and section:- Liquor Control and Licensing Act, s. 84 Other (specify):- OIC 3492/76 May 29, 2000 836/2000/33

Schedule A 1

Section 1 (1) of B.C. Reg. 608/76, the Liquor Control and Licensing Regulations, is amended (

a) by adding the following

definitions: "brewery" means the establishment (

a) at which a brewer who is licensed by the government of Canada may, in accordance with that licence, manufacture or keep malt liquor, and (

b) in respect of which a licence referred to in

section 57 (4) of the Act is issued; "distillery" means the establishment (

a) at which a distiller who is licensed by the government of Canada may, in accordance with that licence, manufacture or keep liquor, and (

b) in respect of which a licence referred to in

section 57 (4) of the Act is issued; "golf course" means a course that has at least nine holes, three of which are verified by the British Columbia Golf Association at par four or greater; "winery" means the establishment in respect of which a licence referred to in

section 58 (3) of the Act is issued; , and (

b) in the definition of "winery licence" by striking out "section 58 of the Act" and substituting "section 12 of the Act". 2

Section 1.1 is amended (

a) by repealing paragraph (i.1), (

b) by repealing paragraph (

j) and substituting the following paragraph: (

j) for a distiller's licence or a brewer's licence referred to in sect .on 57 of the Act, $500; , and (

c) by adding the following paragraph: (1) for a winery licence referred to in

section 58 of the Act, (i) $850 if the licence contains both an endorsement referred to in

section 47 of this regulation and an endorsement referred to in

section 48 of this regulation, (ii) $750 if the licence contains an endorsement referred to in

section 47 of this regulation only, ( iii) $600 if the licence contains an endorsement referred to in

section 48 of this regulation only, or I of 9

(iv) $500 if the licence contains neither an endorsement referred to in

section 47 of this regulation nor an endorsement referred to in

section 48 of this regulation. 3

Section 2 is amended (

a) by repealing subsection (2) (j), and (

b) in subsection (5) by striking out "issued under

section 17". 4

Section 2.1 is amended (

a) in subsection (I) (a) (ii) by striking out "referred to in

section 17", and (

b) in subsection (

I) by adding the following paragraphs: (d) $350 for an application for a change to a winery licence to add both an endorsement referred to in

section 47 and an endorsement referred to in

section 48; (e) $250 for an application for a change to a winery licence to add an endorsement referred to in

section 47 only; (f) $100 for an application for a change to a winery licence to add an endorsement referred to in

section 48 only. 5

Section 3 is repealed and the following substituted: Off premises sales 3

(1) The general manager may endorse an A, D, For I licence for off-premises sales if (

a) the licence results from a renewal, amendment or transfer of a licence already so endorsed, (

b) a written application for the endorsement was received by the general manager before the coming into force of this subsection, or (

c) the establishment in relation to which the endorsement is sought is at least 30 kilometres from each of the following: (

i) a liquor store; (ii) a licensee retail store; (iii) an establishment for which the licence has been endorsed for off-premises sales.

(2) Subject to

section 3.1, if a licence is endorsed for off-premises sales, (

a) subject to paragraph (b), off premises sales are permitted only during hours of sale permitted on the licensee's licence, (

b) no off premises sales may be made after 11 p.m., (

c) no liquor, other than coolers containing not greater than 7% alcohol, beer, cider and wine, may be sold for off-premises consumption, and (

d) off-premises sales must be made from the primary service bar area of the licensed establishment by the licensee.

(3) Despite subsection (2) (d), a licensee may offer off-premises sales from an area of the establishment other than the primary service bar area if the first mentioned area had been approved for off premises sales by the general manager before the coming into force of this subsection. The following

section is added: Room service 3.1 ( 1) A hotel, resort or motel providing full room service to registered guests may sell and serve liquor to registered guests in their rooms provided (

a) sale or service is only during the hours of sale permitted on the licensee's licence, and (

b) the types of liquor sold and served in this way are liquors permitted for sale and service by the conditions of the licence.

(2) Unless the hotel or resort is restricted from doing so by the conditions of the li :ence, a minibar service, offering liquor at any time, may be provided in hotel or resort guest rooms. 7

Section 4 is amended (

a) by repealing subsection (7) and substituting the following:

(7) The licensee and the licensed establishment shall at all times comply with the regulations under (

a) the Fire Services Act, and (

b) the Health Act. , (

b) by repealing subsection (10) and substituting the following: (10) Subsections (6), (8) and (9) do not apply to (

a) a distillery, (

b) a brewery, or (

c) a winery, except that, if the winery licence contains an endorsement referred to in

section 47, subsections (8) and (9) of this

section apply to the area, in the winery, to which the endorsement applies. , and (

c) by adding the following subsection: ( I 2) Subsections (6), (7) (a), (8) and (9) do not apply to the playing area of a golf course, within the meaning of

section I7.4, if that playing area has been included within the licensed area of a golf course under

section 17.4.

Section 5.3 is repealed. 9

Section 6 is amended by adding the following subsection: (3) Subsection (2) does not apply to a licensed manufacturer of wine in respect of purchases of wine by that licensee from another licensed manufacturer of wine. page 3 of 9

Section 7 (2) to (4) is repealed and the following substituted:

(3) A licensee must ensure that any automatic liquor-dispensing devices used in the licensed establishment are used in accordance with the Act, the regulations and the terms and conditions of the licence. 11

Section 7.1 (2) is repealed and the following substituted:

(2) Section 13 (1) of the Act applies to (

a) each winery for which the winery licence contains an endorsement referred to in either or both of

section 47 and

section 48 of this regulation, (

b) each winery and brewery that provides samples in a sampling room designated by the general manager under

section 53 (1) of the Act, and (

c) each class of establishment set out in column 2 of

Schedule 3 of this regulation opposite the licence category in column i . I2

Section 8 (2.2) is repealed. I3

Section I1 is amended (

a) by repealing subsection (2.1) and substituting the following: (2.1) Subsections (1) and (2) do not apply if the liquor is offered free as a sample in a sampling room designated by the general manager under

section 53 (1) of the Act. , and (

b) by repealing subsection (3) (

c) and substituting the following: (

c) packaged liquor if the liquor is sold from an agency store. 14

Section 12 (1.1) is repealed arld the following substituted: ( 1.1) Subsection (1) (

a) does not apply if the liquor is offered as a sample in a sampling room designated by the general manager under

section 53 (1) of the Act. I5

Section 17 ( 10) is repealed. 1 6 The following

section is added: Golf courses 17.4 (

I) In this section: "lounge area" means the licensed area of the golf course, excluding the playing area; "playing area", in relation to a golf course, does not include practice areas such as a driving range or putting green.

(2) Despite

section 17 (1), the general manager may, for a golf course in relation to which an "A" licence has been issued, extend the area within which liquor may be sold to include the playing area of the golf course on the following conditions:

(

a) liquor must not be sold on the playing area other than from beverage carts, take-out windows or kiosks; (

b) the licensee must post a sign at or before the first tee box stating that (

i) a person wishing to purchase liquor on the golf course may do so only from the clubhouse or, while on the course, from a beverage cart, take-out window or kiosk, (ii) drivers of golf carts must not, while crossing a public road, drink liquor or carry it in their hand, (iii) a person must not consume on the playing area liquor that is not purchased from the licensee, and (iv) liquor must not be consumed, or carried, on the golf course other than in the playing area or in the establishment licensed under the "A" licence; (

c) the licensee must post a sign at the tee box, one hole before the crossing point of any public road, advising drivers of golf carts that they must not drink liquor or carry it in their hand while crossing a public road; (

d) the maximum capacity applicable to the golf course under

section 17 (1) (

f) or (f.1) applies only to the lounge area; (e)

section 17 (1) (

g) does not apply in respect of the playing area, but snack items, non-perishable food and non-alcoholic drinks must be available from any beverage cart or kiosk from which liquor is sold on the playing area; (

f) liquor must not be offered for sale from beverage carts, take-out windows or kiosks before 9 a.m. or after dusk and in no event outside the hours of the licence of the lounge area; (

g) minors are permitted to be present in the playing area; (

h) not more than one beverage cart per nine holes may be operated on the golf course at any time. 17

Section 24.2 is amended by adding the following subsection:

(2.1) Without limiting subsection (2), a licensed establishment advertisement that is an advertisement or is a sign referred to in subsection (2) (

a) may, if the licence held in respect of the establishment is endorsed for off-premises sales or is a G or an 11 licence, include a statement that the off-premises sale of beer, wine, cider and coolers is available, but in doing so the advertisement or sign must not mention the price of the liquor products or the brands or manufacturers of the liquor products. 1 8

Section 26 is amended by adding the following subsection:

(4) Section 2 (4) and (5) of this regulation applies to the licences and fees referred to in this

section and, for that purpose, a reference in

section 2 (4) or (5), as it applies for the purposes of this section, to "subsection (2), (3) or (3. I)" is deemed to be a reference to this

section 26. /9

Section 27 is repealed and the following substituted:

Annual fees for wineries 27 (

I) The annual fee prescribed for the purposes of

section 58 (3) of the Act is, (

a) for a winery producing more than 135 000 litres of wine a year, (i) $1 350 if the licence contains both an endorsement referred to in

section 47 of this regulation and an endorsement referred to in

section 48 of this regulation, (ii) $1 250 if the licence contains an endorsement referred to in

section 47 of this regulation only, (iii) $1 100 if the licence contains an endorsement referred to in

section 48 of this regulation only, or (iv) $1 000 if the licence contains neither an endorsement referred to in

section 47 of this regulation nor an endorsement referred to in

section 48 of this regulation, or (

b) for a winery producing 135 000 litres of wine or less a year, (i) $850 if the licence contains both an endorsement referred to in

section 47 of this regulation and an end,, rsement referred to in

section 48 of this regulation, (ii) $750 if the licence contains an endorsement referred to in

section 47 of this regulation only, (iii) $600 if the licence contains an endorsement referred to in

section 48 of this regulation only, or (iv) $500 if the licence contains neither an endorsement referred to in

section 47 of this regulation nor an endorsement referred to in

section 48 of this regulation.

(2) Section 2 (4) and (5) of this regulation applies to the licences and fees referred to in this

section and, for that purpose, a reference in

section 2 (4) or (5), as it applies for the purposes of this section, to "subsection (2), (3) or (3.1)" is deemed to be a reference to subsection (1) of this

section 27. 20 The following sections are added: Endorsement for consumption of wine at winery 47

(1) In this section: "consumption area" means the area, in a winery, to which an endorsement applies; "endorsement" means a provision of a winery licence that authorizes the sale of wine for consumption in a specified area of the winery.

(2) In addition to the matters to be considered by the general manager under

section 16 (3) and (4) of the Act, the general manager must consider the following factors when deciding whether to grant an endorsement referred to in

section 58 (3) (

f) of the Act: (

a) the proposed location of the consumption area; (

b) the proximity of the consumption area to other social facilities and public buildings; (

c) traffic, noise and parking factors, and municipal zoning; page 6 of 9

(

d) the appearance of the consumption area; (

e) a resolution of the municipal council or regional district board where the winery is located commenting on the proposed (

i) hours of operation, (ii) patron capacity, and (iii) types of entertainment; (

f) the views of residents when sought under

section 11 (2) of the Act; (

g) any other factors the general manager considers relevant.

(3) A consumption area must be (

a) part of, or immediately adjacent to, the primary• manufacturing facility of the winery for which the winery licence is issued, and (

b) owned by or leased to the owner of the winery.

(4) The following general provisions apply to an endorsement: (

a) the sale of liquor in the consumption area is restricted to wine manufactured and bottled in British Columbia; (

b) subject to further limitation by the general manager, liquor must not be consumed in the consumption area after midnight and before 9 a.m.; (

c) no minor is permitted to be present in the consumption area unless (

i) the minor is accompanied by a parent or guardian, or (ii) the general manager has authorized entertainment in the consumption area and the minor is one of the entertainers; (

d) unless exempted by the general manager, hot or cold snacks and a selection of non-alcoholic beverages must be available to customers in the consumption area at reasonable prices; (

e) the general manager must determine the interior capacity of the consumption area, up to a maximum of 65 persons; (1) the general manager must determine the capacity of any outdoor patio within the consumption area, up to a maximum of 65 persons; (

g) despite

section 14 of this regulation, no games or entertainment are permitted in the consumption area unless authorized by the general manager.

(5) If the general manager has granted an endorsement in relation to a consumption area in a winery, the general manager may, for a special event, designate a different area in the winery as the consumption area for the period specified by the general manager and, in that event, for that period, (

a) the newly designated area is the consumption area, and (h) subsection (4) applies to the newly designated consumption area.

(6) The terms and conditions of an endorsement are terms and conditions of the winery licence for purposes of the Act and the regulations.

(7) On the coming into force of this section, the general manager must (

a) cancel each J licence subsisting on that date and grant an endorsement to the winery licence of the holder of that J licence by which the establishment page 7 of 9

licenced under the J licence becomes the consumption area of the endorsement, and (

b) treat all applications then before the general manager for a J licence as being applications for an endorsement in relation to the same area to which the J licence was to apply. Endorsement for consumption of wine in a designated picnic area 48

(1) In this section: "picnicking area" means the area, in a winery, to which a picnicking endorsement applies; "picnicking endorsement" means a provision of a winery licence that authorizes the sale of wine for consumption at the winery in a specified outdoor area of the winery.

(2) In addition to the matters to be considered by the general manager under

section 16 (3) and (4) of the Act, the general manager must consider the following factors when deciding whether to grant a picnicking endorsement referred to in

section 58 (3) (

f) of the Act: (

a) the proposed location of the picnicking area; (

b) the proximity of the picnicking area to other social facilities and public buildings; (

c) traffic, noise and parking factors, and municipal zoning; (

d) the appearance of the picnic area; (

e) a resolution of the municipal council or regional district board where the winery is located commenting on the proposed (

i) hours of operation, (ii) size and location, and (iii) types of entertainment; (

f) the proposed plans for controlling access to and supervising consumption in the picnicking area; (

g) any other factors the general manager considers relevant.

(3) A picnicking area (

a) must be owned by or leased to the licensee, (

b) must be located on the same site as the primary manufacturing facility of the winery for which the winery licence is issued, (

c) must be defined by a clearly identifiable boundary, (

d) must be outdoors, and (

e) must not be protected from the elements.

(4) The following general provisions apply to a picnicking endorsement: (

a) subject to further limitation by the general manager, liquor must not be consumed in the picnicking area before 9 a.m. or after sunset; (

b) no minor is permitted to be present in the picnicking area unless (

i) the minor is accompanied by a parent or guardian, or page 8 of 9

(ii) the general manager has authorized entertainment in the designated picnic area and the minor is one of the entertainers; (

c) the general manager must determine the size of the picnicking area, to a maximum of 1000 square metres; (

d) unless authorized by the general manager, the picnicking area is to be used solely by individuals or small groups for the informal consumption of one or more of (

i) food, and (ii) wine purchased from the winery.

(5) The terms and conditions of a picnicking endorsement are terms and conditions of the winery licence for purposes of the Act and regulations. Maximum quantity of product samples 49 For the purposes of

section 53 (

I) of the Act, product samples may be offered free in a sampling room designated by the general manager under that section, but the total volume of product samples that may be sold to a person during a day must be no more than (a) 150 ml fora winery, and (b) 375 ml for a brewery. 21

Schedule 3 is amended by striking out "J" from Column 1 and "winery lounge" from Column 2. page 9 of 9

Schedule B

Section 2 of B.C. Reg. 608/76, the Liquor Control and Licensing Regulations, is amended (

a) by repealing subsection (2) (a) (

i) and substituting the following: (i) $1 100 for a hotel if the licence contains an endorsement under

section 3 (1) or $1 000 for a hotel in any other case, or , (

b) by repealing subsection (2) (

d) and substituting the following: (

d) for a D licence, (i) $1 100 if the licence contains an endorsement under

section 3 (1), or (ii) $1 000 in any other case; , (

c) by repealing subsection (2) (

I) and substituting the following: (

f) for a F licence, (i) $1 100 if the licence contains an endorsement under

section 3 (1), or (ii) $1 000 in any other case; , (

d) by repealing subsection (2) (

i) and substituting the following: (

i) for a I licence, (i) $1 100 if the licence contains an endorsement under

section 3 (1), or (ii) $1 000 in any other case; , and (

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

(3) The fee for an A licence described in subsection (2) (a) (ii) is as follows: (

a) if the establishment in respect of which the licence is issued or renewed had at least one recorded calendar year for purchases of liquor made under an A licence, and purchased, in the most recent recorded calendar year for those purchases, $20 000 or more worth of liquor under the authority of that I icence, (i) $1 100 if the licence contains an endorsement under

section 3 (1), or (ii) $1 000 in any other case; (

b) if the establishment in respect of which the licence is issued or renewed had at least one recorded calendar year for purchases made under an A licence, and purchased, in the most recent recorded calendar year for those purchases, $15 000 or more but less than $20 000 worth of liquor under the authority of that licence, (i) $600 if the licence contains an endorsement under

section 3 (1), or (ii) $500 in any other case; I of 2

(

c) if paragraphs (

a) and (

b) do not apply, (i) $350 if the licence contains an endorsement under

section 3 (1), or (ii) $250 in any other case. 2

Section 3 is amended by adding the following subsection:

(1.1) The fee payable to amend a licence by adding an endorsement sought in an application referred to in subsection (1) is $100. 3

Section 9 is repealed and the following substituted: Price list in all licensed establishments 9 A licensee must make available to customers a list that shows, for all types of liquor sold in the establishment, (

a) the quantities in which that liquor is sold, described in both metric and imperial measure, and (

b) the price at which each such quantity is sold. page 2 of 2

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 795/2000
Type	order_in_council
Volume / chapter	arc oic 0795 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e9090761a077ffcc3443b99c7bc9e4407110375e

Source file is stored in the law ingest library (pdf).