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Volume 46, No. 23

B.C. Reg. 406/2003

The British Columbia Gazette,

Part II

November 18, 2003

B.C. Reg. 406/2003, deposited November 10, 2003, pursuant to the LIQUOR CONTROL AND LICENSING ACT [Section 84]. Order in Council 1068/2003, approved and ordered November 7, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended according to the attached Schedule. — R. COLEMAN, Minister of Public Safety and Solicitor General; M. COELL, Presiding Member of the Executive Council.

Schedule

Section 8 of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, is amended by adding the following subsection:

(4) Neither a liquor primary licence nor a liquor primary club licence may be transferred from one establishment to another unless the new establishment is considered by the general manager to be

(

a) located within a reasonably close distance from the existing establishment, and

(

b) within the same community as the existing establishment.

Section 14 (3) is repealed and the following substituted:

(3) A licence in respect of a licensee retail store must not be issued, renewed or transferred unless

(

a) the applicant for the licence or the licensee, as the case may be, is also the licensee of a liquor-primary establishment,

(

b) the licence referred to in paragraph (

a) for the liquor-primary establishment referred to in that paragraph

(

i) had been issued or applied for at the time that the application for the licensee retail store licence was made, and

(ii) had been identified as the qualifying licence in the application for the licensee retail store licence or, if it was not so identified in the application, has been identified as the qualifying licence by the general manager,

(

c) one of the following applies to the liquor-primary establishment in respect of which the qualifying licence was issued:

(

i) the area in which the liquor-primary establishment is located is under the jurisdiction of the same local government or first nation as is the area in which the licensee retail store is located;

(ii) the liquor-primary establishment is within 5 km of the licensee retail store, and

(

d) in the opinion of the general manager, the licensee retail store does not appear to be associated with another business in the near vicinity.

3 Sections 57 to 59 are repealed and the following substituted:

Advertisements

(1) In this section:

"advertisement" means an agency store advertisement, a licensed establishment advertisement or a manufacturer's advertisement;

"agency store advertisement" means an advertisement respecting liquor or the availability of liquor that is placed by or on behalf of an LDB agent;

"LDB agent" means a person who has been appointed as an agent under, or who has contracted to act as an agent under a contract referred to in,

section 18 (5) of the Liquor Distribution Act ;

"licensed establishment advertisement" means an advertisement respecting liquor or the availability of liquor placed by or on behalf of a person, other than a liquor manufacturer, who holds a licence under

section 12 of the Act in respect of an establishment;

"manufacturer's advertisement" means an advertisement respecting liquor or the availability of liquor placed by or on behalf of a brewery, winery or distillery, or by or on behalf of an agent licensed under

section 52 of the Act, but does not include an advertisement intended to promote the responsible consumption of liquor.

(2) Subject to subsections (3) to (5) of this section,

(

a) a agency store advertisement may be placed by or on behalf of an LDB agent,

(

b) a licensed establishment advertisement may be placed by or on behalf of a person who holds a licence under

section 12 of the Act in respect of an establishment, and

(

c) a manufacturer's advertisement may be placed by or on behalf of a brewery, winery or distillery, or by or on behalf of an agent licensed under

section 52 of the Act.

(3) Except to the extent that a person who is authorized under this

section to place an advertisement is restricted from doing so by a term or condition of the person's licence or, if the person is an LDB agent, by the terms of the appointment or contract by which the person became an agent, the person may include in that advertisement information respecting

(

a) the liquor that may be sold under the licence, appointment or contract, as the case may be,

(

b) manufacturers,

(

c) licensed establishments,

(

d) liquor stores, and

(

e) prices.

(4) Advertisements must

(

a) comply with the Code for Broadcast Advertising of Alcoholic Beverages published by the Canadian Radio-television and Telecommunications Commission under the

Broadcasting Act (Canada), as that Code is amended from time to time,

(

b) not refer to liquor products that are not listed or otherwise approved for sale by the Liquor Distribution Branch, and

(

c) not depict packaging or labelling unless that packaging or labelling has been approved under the

Liquor Distribution Act .

(5) Nothing in this

section prevents the Liquor Distribution Branch from requiring that branch's approval before a manufacturer's advertisement is placed in a liquor store, including an agency store.

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