Liquor Control and Licensing Act

May 14, 2015

76470131/1143088815/125627248

E4tlc15019

Interpretation and Application

Definitions and

interpretation

In this Act:

authorization means an authorization referred to in

section 25;

caterer means either of the following:

a person who holds a catering licence;

a licensee whose licence contains a catering endorsement;

employee means an employee appointed under

section 4;

establishment means a place, premises or vehicle that is the subject of a licence;

ethyl alcohol means a solution that has not been de-natured and that contains at least 95% ethyl alcohol by volume;

event site means the place, premises or vehicle referred to in an authorization or permit;

first nation means,

in relation to a reserve as defined in the Indian Act (Canada), the council of the band that is entitled to the use of that reserve under that Act, and

in relation to an area under the jurisdiction of the first nation, a prescribed aboriginal governing body;

general manager means the general manager appointed under

section 3;

licence means a licence issued under this Act;

licensee means a person who holds a licence;

liquor means, subject to the regulations, beer, wine, spirits or other product that is intended for human consumption and that contains more than 1% alcohol by volume;

Liquor Distribution Branch means the branch continued under

section 2 of the Liquor Distribution Act ;

liquor store means a store established under the Liquor Distribution Act ;

local government means,

in relation to a regional district, the board of the regional district,

in relation to a municipality, the council of the municipality, and

in relation to a local trust area under the Islands Trust Act , the local trust committee

for that area;

minor means a person under the age of majority established by the Age of Majority Act ;

monetary penalty means a monetary penalty imposed under

section 51 (2) (

b) or 53.1;

peace officer means

an officer as defined in the Police Act , or

a member of the Royal Canadian Mounted Police who is deemed to be a provincial constable under

section 14 (2) (

b) of the Police Act ;

permit means a permit issued under this Act;

permittee means a person who holds a permit;

pharmacist means a person who is authorized under the Health Professions and Occupations Act to practise the designated health profession of pharmacy;

public place includes a place, building or vehicle to which the public is invited or has or is allowed access;

residence means

a building or part of it, or a manufactured home that is occupied and used by the owner, lessee or tenant solely as a private dwelling, together with the land and buildings adjacent to it that are used for the convenience, occupation and enjoyment of the occupants, or

a private guest room in a hotel, motel or other building in which private rooms are maintained for the accommodation of the public;

sell includes

exchange,

offer to sell, and

give in consideration of the purchase or transfer of property or for other consideration;

service area means an establishment or event site or that part of an establishment or event site where a licence, permit or authorization allows liquor to be sold, served or consumed;

vehicle means a device in, on or by which a person may be transported on land or water.

Act does not apply

Nothing in this Act prevents

a person who is not a minor from manufacturing wine or beer for consumption by the person or for consumption at no charge by other persons, the manufacture of which occurs

in a place other than a public place, or

in an establishment in respect of which a licence of a prescribed class of licences is issued,

a pharmacist from preparing or dispensing a preparation containing liquor on the basis of a prescription under the Pharmacy Operations and Drug Scheduling Act , or

a medical practitioner or nurse practitioner from providing liquor or a preparation containing liquor for medical purposes if allowed to do so in the scope of practice of the medical practitioner's or nurse practitioner's profession.

General Manager and Employees

General manager

The minister must appoint, under the Public Service Act , a general manager.

Subject to general policy direction given by the minister, the general manager must administer this Act and the regulations.

Without limiting other powers or duties of the general manager under this Act, the general manager is, subject to this Act and the regulations, responsible for

issuing licences and permits,

supervising licensees, permittees and the operation of establishments and event sites, and

enforcing this Act and the regulations.

Staff

Employees required for the purposes of this Act may be appointed under the Public Service Act .

Delegation by general manager

The general manager may delegate, with or without conditions, one or more of the general manager's powers and duties under this Act, except the power under this

section to delegate, to

an employee or other person, or

a class of employees or other persons.

Confidentiality

A person who is engaged in the administration or enforcement of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to another person except

for the purposes of the administration or enforcement of this Act, the Liquor Distribution Act , the Cannabis Control and Licensing Act or the Cannabis Distribution Act or the regulations under those Acts,

with the consent of the person to whom the information or record relates,

in a proceeding before a court or a judicial or quasi-judicial tribunal,

if an enactment of British Columbia or Canada requires the disclosure,

to the person's counsel, or

to a law enforcement agency.

General manager and employees prohibited from inducements

The general manager or an employee must not solicit or receive, directly or indirectly, a commission, remuneration or gift from a licensee, a permittee or a person who makes an application under this Act.

A licensee, a permittee or a person who makes an application under this Act must not, either directly or indirectly, offer to pay a commission, a profit or remuneration, or make a gift to the general manager or an employee.

Sale and Purchase of Liquor

Unlawful sale and purchase of liquor

In subsection (2), liquor includes ethyl alcohol.

Except as provided under this Act or the Liquor Distribution Act , a person must not, personally or otherwise,

keep liquor for sale or sell liquor,

solicit, receive or take orders for the sale or purchase of liquor, or act as agent for its sale or purchase,

manufacture liquor,

operate a facility that provides goods or services to a person manufacturing wine or beer in the facility for consumption by the person or for consumption at no charge by other persons, or

purchase or, in consideration of the sale or transfer of property or for other consideration, take liquor from another person.

A licensee or permittee must not sell or serve liquor except

liquor purchased by the licensee or permittee from the Liquor Distribution Branch,

liquor purchased or acquired by the licensee or permittee in prescribed circumstances or on prescribed conditions, or

Use, Sale, Supply or Purchase of Liquor Without a Licence or Permit

Care facilities may provide liquor

In this section:

assisted living residence has the same meaning as in the Community Care and Assisted Living Act ;

community care facility has the same meaning as in the Community Care and Assisted Living Act ;

hospital means a hospital as defined in

section 1 of the Hospital Act or a licensed hospital as defined in

section 5 (1) of that Act.

allow liquor to be provided to a patient or resident of that institution or to a guest of the patient or resident, and

charge for the liquor provided under paragraph (a).

The general manager may prohibit a specified assisted living residence, community care facility, hospital or prescribed facility from doing a thing referred to in subsection (2).

Preparations containing liquor

If a substance contains liquor and also contains ingredients that make the substance unsuitable for use as a beverage, a person may, subject to this section, sell, supply, purchase or use the substance for its intended purpose without a licence or permit.

Subsection (1) does not apply to a substance referred to in that subsection that is prescribed by regulation.

A person must not sell or supply to another person, for use as an intoxicant, a substance referred to in subsection (1).

The general manager may, in accordance with the regulations, direct the manner in which a class of substance referred to in subsection (1) must be sold, distributed or kept for sale.

To determine whether a substance referred to in subsection (1) contains ingredients that make the substance unsuitable for use as a beverage, the general manager may require that a certificate of an analysis under

section 70 be prepared respecting a sample of the substance.

A person must comply with a direction of the general manager under subsection (4).

Regulations

The Lieutenant Governor in Council may make regulations allowing

the consumption, use, sale, service, purchase or manufacture of liquor without a licence or permit, by prescribed persons or entities for prescribed purposes, in prescribed circumstances, on prescribed conditions or in or at prescribed places, including, without limitation, public places, or

the use, sale, purchase or manufacture of ethyl alcohol without a licence or permit, by prescribed persons or entities, in prescribed circumstances, on prescribed conditions or for prescribed purposes.

Licences, Authorizations and Permits

General

Application requirements

An application made under this Part to the general manager must

be in the form the general manager establishes for that class of application,

include the information and records prescribed in relation to that class of application, and

include other information or records that the general manager considers relevant to the application or that class of application.

Fit and proper determination powers

If the general manager has a power under this Act to determine whether a person is fit and proper, the general manager may, in respect of that person, make that determination at any time the general manager considers it necessary or desirable.

Without limiting another power of the general manager under this Act to make inquiries and conduct investigations, the general manager may make inquiries and conduct investigations, including, without limitation, background investigations and criminal record checks, that the general manager considers are or may be necessary for the purposes of exercising the general manager's powers or duties under

subsection (1) and sections 18 (2), 19 (4), 24 (2) and 35 (3), and

sections 18 (2), 19 (4), 24 (2) and 35 (3) in relation to an associate of a person referred to in those sections.

Licences

Issue and endorsement of licence

The general manager may, on application by a person,

issue a licence of a class of licences established by the regulations, and

endorse a licence referred to in paragraph (

a) with a class of endorsement established by the regulations.

The general manager may, in prescribed circumstances, refuse to accept an application for a licence or an endorsement.

If the general manager refuses to accept an application for a licence or an endorsement, or to issue a licence or issue a licence with the endorsement applied for, the general manager must give to the applicant written reasons for the decision.

Subject to this Act and the regulations, the general manager may, in the public interest,

the days and hours that a service area is allowed to be open for the sale, service or consumption of liquor;

minors entering and being in an establishment or a service area and the employment of minors in an establishment or a service area;

games and entertainment allowed in an establishment or a service area;

reporting and record-keeping requirements of a licensee;

advertising and signs used by a licensee in relation to an establishment;

posting of signs in an establishment;

reasonable measures to ensure that the operation of an establishment does not disturb persons in the vicinity of the establishment;

the safety of employees, patrons, employees of the licensee, and the public;

the type of liquor that may be offered for sale or service;

the minimum price of liquor offered for sale or service;

liquor serving sizes;

requirements for the service of food and non-alcoholic beverages in a service area;

liquor storage;

the area in an establishment where the manufacture of liquor is allowed;

equipment;

use of an establishment during a period when the sale or service of liquor is not allowed or liquor is not being sold or served.

The general manager may

Amendment of licence

amend a licence, including, without limitation, amend the licence by endorsing the licence with a class of endorsement established by the regulations, or

Relocation relating to licence

A licensee must not use a licence at a location other than the establishment named on the licence unless the licensee has first applied for and been granted an amendment to the licence to reflect the new location.

Use of licence by other person

A licensee must not allow another person to use the licensee's licence unless the licensee has first applied for and been granted an amendment to the licence to allow the use of the licence by the other person.

The general manager may determine whether the other person referred to in subsection (1) or an affiliate of the other person, or a prescribed person, is fit and proper, and, in that event, the general manager must not grant the amendment or must rescind the amendment if, in the general manager's opinion, the other person or affiliate, or the prescribed person, is not fit and proper.

If the general manager rescinds an amendment under subsection (2), the general manager must give to the applicant written reasons for the decision.

Issue, renewal, transfer or amendment of licence prohibited

The general manager must not issue, renew, transfer or amend a licence if, in the general manager's opinion, it would be contrary to the public interest.

Without limiting subsection (1), the general manager must not issue, renew, transfer or amend a licence if one or more of the following apply:

the applicant or an affiliate of the applicant is a minor;

if the application relates to a licence other than a licence of a prescribed class of licences, the applicant does not own the business in respect of which the licence has been or is proposed to be issued;

subject to the regulations exempting a class of licence from this paragraph, the applicant does not meet the ownership or control requirements set out in subsection (3) for the place or premises in respect of which the licence has been or is proposed to be issued;

the place, premises, equipment or facilities in respect of which the licence has been or is proposed to be issued does not comply with this Act, the regulations or the terms or conditions of the licence;

the applicant does not meet prescribed criteria.

For the purposes of subsection (2) (c), the applicant must

be the owner of the place or premises in respect of which the licence has been or is proposed to be issued, or

have an arrangement that the general manager determines

is of a satisfactory duration.

For the purposes of issuing, renewing, transferring or amending a licence, the general manager may determine whether an applicant, a licensee or an affiliate of the applicant or licensee, or a prescribed person, is fit and proper, and, in that event, without limiting subsection (1), the general manager must not issue, renew, transfer or amend the licence if, in the general manager's opinion, the applicant, licensee or affiliate, or the prescribed person, is not fit and proper.

Without limiting subsection (1) but subject to subsection (6), the general manager must not issue, renew, transfer or amend a licence, other than a licence of a prescribed class of licences, to or for

a person who has arranged, or agreed to arrange, with another person to sell the liquor of a manufacturer to the exclusion of the liquor of another manufacturer, or

a liquor manufacturer or the liquor manufacturer's agent, or to or for a person who is so associated with, connected with or financially interested in either of them, that the manufacturer, agent or person is likely to promote the sale of liquor of the manufacturer or for the person.

Subsection (5) does not apply in respect of a person, liquor manufacturer or liquor manufacturer's agent who is exempted under

section 62 (3).

Issue, renewal, transfer or amendment of licence may be refused

The general manager may refuse to issue, renew, transfer or amend a licence if the applicant fails to disclose a material fact required by the application or makes a false or misleading statement in the application.

The general manager may refuse to renew, transfer or amend a licence in respect of which

a fine, monetary penalty or suspension has been imposed under this Act if, at the date that the amendment, renewal or transfer is to take effect,

in the case of a fine, the fine has become payable under the Offence Act and has not been fully paid,

in the case of a monetary penalty,

the monetary penalty has become payable,

the time period for payment of the monetary penalty has expired, and

the monetary penalty has not been fully paid, or

iii

in the case of a suspension, the suspension has taken effect and has not been fully served, or

a prescribed circumstance has occurred in respect of the licence or licensee.

Transfer of licence

The general manager may, on application by a person, transfer a licence.

A licensee must not purport to transfer or otherwise deal in a licence before the general manager transfers the licence.

If the general manager refuses to transfer a licence, the general manager must give to the applicant written reasons for the decision.

Use of licence by proposed transferee

In this section, notice date means the date on which the general manager receives an application to transfer a licence.

a licence is the subject of an application to the general manager for transfer under

section 21 (1), and

the general manager has not completed the determinations under

section 19,

the proposed transferee may, despite sections 18 (1) and 21 (2), use the licence pending the general manager's determinations under

section 19.

The proposed transferee referred to in subsection (2) is conclusively deemed, for all purposes under this Act, to be the licensee under the licence that is the subject of the transfer application, from the notice date until, subject to subsection (5), the date on which the general manager

transfers the licence, or

refuses to transfer the licence.

If, after completing the determinations under

section 19 or for another reason, the general manager refuses to transfer the licence, the general manager may do one or more of the following:

suspend the licence for the period the general manager considers appropriate;

authorize a transfer of the licence, within the period the general manager specifies, to a person who is at arm's length from the proposed transferee;

cancel the licence.

If the general manager authorizes a transfer of the licence under subsection (4) (

b) by the proposed transferee, the proposed transferee is conclusively deemed, for the purpose of effecting the transfer authorized by the general manager, to be the licensee under the licence that was the subject of the transfer application.

Expiry and renewal of licence

A licence issued under this Act expires on the date specified on the licence as the expiry date.

The general manager may, on application by a licensee, renew a licence, including a licence that has expired, provided that the renewal is within one year after the expiry date of the licence.

If the general manager refuses to renew a licence, the general manager must give to the licensee written reasons for the decision.

Death or bankruptcy of licensee

If a licensee dies or becomes bankrupt, the executor, administrator, trustee in bankruptcy or successor has the powers and obligations of the licensee.

The general manager may determine whether an executor, administrator, trustee in bankruptcy or successor, or an affiliate of any of them, is fit and proper.

Authorizations

Issue of authorization

The general manager may, on application by the licensee, issue to a licensee who holds a licence of a prescribed class of licences, or a licence with an endorsement of a prescribed class of endorsements, an authorization of a class of authorizations established by the regulations to sell or serve liquor in a service area or at an event site.

A caterer may, without an authorization, sell or serve liquor at a residential event, provided that the liquor is sold or served in accordance with

the requirements of this Act and the regulations, and

Subject to the regulations, the general manager may determine

the circumstances in which it is appropriate, if at all, to issue an authorization in relation to specified events, places or premises, or classes of events, places or premises, and, if so, how frequently an authorization may be issued for the events, places or premises or for the classes of events, places or premises, and

how frequently an authorization may be issued to a licensee.

Subject to this Act and the regulations, the general manager may, in the public interest,

the days and hours that a service area is allowed to be open for the sale, service or consumption of liquor;

minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area;

games and entertainment allowed at an event site or in a service area;

reporting and record-keeping requirements of a licensee;

advertising and signs used by a licensee for an event;

posting of signs at an event site;

reasonable measures to ensure that the operation of an event site does not disturb persons in the vicinity of the event site;

the safety of employees, patrons, employees of the licensee, and the public;

the type of liquor that may be offered for sale or service;

the minimum price of liquor offered for sale or service;

liquor serving sizes;

requirements for the service of food and non-alcoholic beverages at an event site or in a service area;

liquor storage;

limits on the ability to sell or serve liquor if the number of persons in a service area or at an event site exceeds a specified number.

The general manager may

Requirement to send authorization

The general manager may send, or require a licensee to whom an authorization is issued to send, to a person the general manager considers appropriate, a copy of one or more of the following:

the authorization;

the authorization application;

other records related to the authorization application the general manager specifies.

Amendment of authorization

an authorization, or

Expiry of authorization

An authorization is valid for the period specified on the authorization.

Permits

Issue of permit

The general manager may, on application by a person, issue a permit of a class of permits established by the regulations.

If the general manager refuses to issue a permit, the general manager must give to the applicant written reasons for the decision.

Subject to the regulations, the general manager may determine

the circumstances in which it is appropriate, if at all, to issue permits in relation to specified events, places or premises, or classes of events, places or premises, and, if so, how frequently a permit may be issued for the events, places or premises or for the classes of events, places or premises, and

how frequently a permit may be issued to a person.

Subject to this Act and the regulations, the general manager may, in the public interest,

the days and hours that a service area is allowed to be open for the sale or service of liquor;

minors entering and being at an event site or in a service area and the employment of minors at an event site or in a service area;

games and entertainment allowed at an event site or in a service area;

reporting and record-keeping requirements of a permittee;

advertising and signs used by a permittee for an event;

posting of signs at an event site;

reasonable measures to ensure that the operation of an event site does not disturb persons in the vicinity of the event site;

the safety of employees, patrons, employees of the licensee, and the public;

the type of liquor that may be offered for sale or service;

the minimum price of liquor offered for sale or service;

liquor serving sizes;

the amount of liquor that may be sold or served;

requirements for the service of food and non-alcoholic beverages at an event site or in a service area;

liquor storage and disposal of unused liquor;

limits on the ability to sell or serve liquor if the number of persons in a service area or at an event site exceeds a specified number.

Requirement to send permit

The general manager may send, or require a permittee to send, to a person the general manager considers appropriate, a copy of one or more of the following:

the permit;

the permit application;

other records related to the permit application that the general manager specifies.

Authorization to Nisg̱a'a Government or treaty first nation

In this section, Nisg̱a'a designate means a person designated under paragraph 114 of the Nisg̱a'a Government

Chapter of the Nisg̱a'a Final Agreement.

For the purposes of paragraph 114 of the Nisg̱a'a Government

Chapter of the Nisg̱a'a Final Agreement, the general manager has the responsibility for authorizing a Nisg̱a'a designate to issue permits of a prescribed class of permits in accordance with this Act and the regulations.

If the final agreement of a treaty first nation requires that British Columbia authorize persons designated by the treaty first nation to approve or deny applications for permits of a prescribed class of permits, the general manager has the responsibility for authorizing the persons designated by that treaty first nation for that purpose to issue permits of that class of permits in accordance with this Act and the regulations.

A person authorized by the general manager under subsection (2) or (3) to issue permits of a prescribed class of permits may send, or require a permittee to send, to a person the designate considers appropriate, a copy of one or more of the following:

the permit;

the permit application;

other records related to the permit application that the designate specifies.

Amendment of permit

a permit, or

Issue, renewal, transfer or amendment of permit prohibited

The general manager must not issue or amend a permit if, in the general manager's opinion, it would be contrary to the public interest.

Without limiting subsection (1), the general manager must not issue or amend a permit if one or both of the following apply:

the applicant is

an individual who is a minor, or

a company, partnership, society or other organization and the person who will be responsible for the sale or service of liquor under the permit is a minor;

the applicant does not meet prescribed criteria.

The general manager may determine whether an applicant or an affiliate of the applicant, or a prescribed person, is fit and proper, and, in that event, without limiting subsection (1), the general manager must not issue or amend a permit if, in the general manager's opinion, the applicant or affiliate, or the prescribed person, is not fit and proper.

The general manager must not transfer or renew a permit.

Issue or amendment of permit may be refused

The general manager may refuse to issue or amend a permit if the applicant fails to disclose a material fact required by the application or makes a false or misleading statement in the application.

The general manager may refuse to issue or amend a permit if, at the date of the application, a fine, monetary penalty or suspension has been imposed under this Act on the applicant and,

in the case of a fine, the fine has become payable under the Offence Act and has not been fully paid,

in the case of a monetary penalty,

the monetary penalty has become payable,

the time period for payment of the monetary penalty has expired, and

iii

the monetary penalty has not been fully paid, or

in the case of a suspension, the suspension has taken effect and has not been fully served.

Expiry of permit

A permit is valid

for the period specified on the permit, or

until the expiry date specified on the permit.

Local Government and First Nations

Recommendations of local government or first nation on issue and amendment of licence

Subject to subsection (2), a licence of a prescribed class of licences must not be issued or amended unless, in the prescribed circumstances, the applicant has given the local government or first nation for the area in which the establishment is proposed to be located or is located notice of the application in accordance with the regulations.

A local government or first nation may indicate in writing to the general manager that it does not wish to receive notice under subsection (1) of applications or a class of applications.

A local government or first nation that receives notice under subsection (1) must, if it wishes to provide comments and recommendations under this

section with respect to the application,

take into account the prescribed criteria before providing the comments and recommendations,

provide the comments and recommendations to the general manager

in accordance with the regulations, and

within the prescribed time period, or any further period authorized by the general manager, and

in the prescribed circumstances, gather the views of residents of an area determined by the local government or first nation in respect of the application by

receiving written comments in response to a public notice of the application,

conducting a public hearing in respect of the application,

iii

holding a referendum, or

using another method the local government or first nation considers appropriate.

Subject to

section 39, if the local government or first nation recommends that the licence not be issued or amended, the general manager must not issue or amend the licence.

Subject to

section 39, if the local government or first nation recommends that the licence be issued or amended, the general manager must take that recommendation into account in deciding whether or not to issue or amend the licence.

General manager's role

Despite

section 38, if

the general manager is satisfied that

the local government or first nation failed to comply with

section 38 (3), or

the recommendation of the local government or first nation is not in the public interest,

the local government or first nation indicates under

section 38 (2) that it does not wish to receive notice of the application, or

the applicant for the licence or amendment is the local government or the first nation for the area in which the establishment is proposed to be located or is located,

the general manager must, in deciding whether or not to issue or amend the licence, take into account

the prescribed criteria referred to in

section 38 (3) (a), and

in the prescribed circumstances, the views of residents of an area determined by the general manager gathered in a manner referred to in subsection (2) of this section.

In order to afford an opportunity for residents to provide their views under subsection (1), the general manager may gather the views of the residents in respect of the application by

requesting written comments in response to a public notice of the application,

conducting a public hearing in respect of the application in a manner required by the general manager, or

using another method the general manager considers appropriate.

If the general manager provides an opportunity for residents to provide their views in respect of an application, the general manager may direct that the costs incurred be paid by the applicant.

After providing an opportunity for residents to provide their views, if the general manager is of the opinion that a majority of the residents are not in favour of the application, the general manager must not issue or amend the licence.

Delegation by local government regarding comments and recommendations

Despite

section 154 (2) (

c) of the Community Charter , a council as defined in that Act may delegate its powers and duties under

section 38 (2) or (3) of this Act.

If a council referred to in subsection (1) delegates its powers and duties under

section 38 (3) of this Act, an applicant whose application is the subject of delegated comments and recommendations under that

section has the right to have the delegated comments and recommendations reconsidered by the council, and

section 156 of the Community Charter applies as if the council had delegated a power to make a decision.

3) and (4

[Repealed 2018-29-147.]

Despite

section 229 (2) (

e) of the Local Government Act , a board as defined in that Act may delegate its powers and duties under

section 38 (2) or (3) of this Act.

If a board referred to in subsection (5) delegates its powers and duties under

section 38 (3), an applicant whose application is the subject of delegated comments and recommendations under that

section has the right to have the delegated comments and recommendations reconsidered by the board, and

section 232 of the Local Government Act applies as if the board had delegated a power to make a decision.

If the Council as defined in the Vancouver Charter delegates its powers and duties under

section 38 (3) of this Act to make comments and recommendations,

the Council must, by bylaw, establish procedures for a reconsideration of delegated comments and recommendations, including how a person may apply for a reconsideration,

in undertaking a reconsideration referred to in paragraph (

a) of this subsection, the Council has the same authority as that conferred on the delegate, and

the delegate must advise the applicant whose application is the subject of the delegated comments and recommendations of the applicant's right of reconsideration.

Imposition of fees by local government

A local government that provides comments and recommendations on an application for the issue or amendment of a licence under this Act may, by bylaw, impose fees on the applicant in order to recover the costs incurred by the local government in assessing the application.

Fees imposed under subsection (1) may be different for

different classes of applications, and

different methods used to conduct the assessment referred to in that subsection.

Compliance and Enforcement

Inspection, Search and Seizure

Inspections

For the purposes of the administration or enforcement of this Act or the regulations, the general manager may

require a person to produce records that may contain information relating to goods or liquor transported or received for transport in British Columbia,

inspect one or more of the following:

records referred to in paragraphs (

a) and (b);

an establishment or event site and the operations carried on there;

iii

a person's premises that are used for the storage of liquor or ethyl alcohol and the operations carried on there;

records found in an establishment, at an event site or on the premises referred to in subparagraph (iii), which records are associated with the operation of the establishment, event site or premises or are otherwise related to the inspection,

require a licensee or permittee to provide information relating to the inspection, and

require an employee or patron of, or a person retained by, a licensee or permittee to produce identification.

The general manager may remove the records referred to in subsection (1) for the purposes of inspection or making copies or extracts.

In conducting an inspection under subsection (1), the general manager

may

take samples of liquor for testing or analysis, or

inspect and remove for inspection, or for the purposes of testing and analysis, other things found in an establishment, at an event site or on the premises referred to in subsection (1) (c) (iii), which other things are associated with the operation of the establishment, event site or premises or are otherwise related to the inspection,

must carry, and present on request, identification in a form the general manager establishes, and

may request and receive the assistance of a peace officer.

If the general manager retains records, removes records or things or takes a liquor sample, the general manager must

give a receipt for the records or things removed or the liquor samples taken, and

return the records or things removed within a reasonable time.

Licensee or permittee must cooperate

For the purposes of

section 42, a licensee or permittee

must cooperate with the general manager by

allowing the general manager to immediately enter and inspect an establishment or event site,

facilitating the inspection of a premises referred to in

section 42 (1) (c) (iii), and

iii

promptly producing and allowing inspection and removal of the records, liquor samples and things the general manager is entitled to inspect or remove under

section 42, and

must not obstruct the general manager or withhold, destroy, conceal or refuse to provide information or produce a record, liquor sample or other thing that is required by the general manager or is otherwise related to the inspection.

In this section, justice has the same meaning as in the Offence Act .

A justice who is satisfied by information on oath in the prescribed form that there are reasonable grounds to believe that there is in a vehicle, a place or premises, including premises or a part of premises occupied solely as a private dwelling,

any thing on or in respect of which an offence under this Act has been or is suspected to have been committed, or

any thing that there is reasonable grounds to believe may provide evidence of the commission of the offence

may issue a warrant authorizing a person named in the warrant or a peace officer to search the vehicle, place or premises for that thing, and to seize and remove that thing.

A search warrant issued under subsection (2) may be in the prescribed form.

If a licensee, permittee or person referred to in

section 42 refuses to produce a record referred to in that section, a justice, on being satisfied that an inspection of the record is necessary for the administration or enforcement of this Act or the regulations, may issue a warrant authorizing a person named in the warrant or a peace officer to enter the premises specified in the warrant and to seize the record.

Despite subsection (2), if the conditions for obtaining a warrant exist and a peace officer has a reasonable belief that the delay necessary to obtain the warrant would result in the loss or destruction of evidence, the peace officer may, without a warrant,

enter and search a vehicle, place or premises, other than a private dwelling, and

seize and remove any thing that the peace officer has reasonable grounds to believe may provide evidence of the commission of an offence under this Act.

A person must not

obstruct or attempt to obstruct an entry or search by a peace officer under subsection (5), or

refuse or fail to admit immediately a peace officer demanding entry under subsection (5).

Liquor kept contrary to Act

If the general manager or a peace officer finds liquor that, in the general manager's or peace officer's opinion, is possessed or kept contrary to this Act, the Liquor Distribution Act or the regulations under either of those Acts, the general manager or peace officer may immediately seize and remove

the liquor and the packages containing it, and

records related to the liquor.

No interference with seizure notice

Without the permission of the person who made the seizure, a person must not remove, alter, destroy or deface a notice posted for the purpose of notifying the public of a seizure under

section 44 or 45.

Forfeiture

Forfeiture of liquor

Liquor and the packages containing it seized under

section 44 or 45 may be

retained to be dealt with under this section, or

destroyed.

A person may, within 30 days after the date of the seizure of liquor under

section 44 or 45, give notice to the general manager to claim that the liquor seized was not possessed or kept by the person contrary to this Act, the Liquor Distribution Act or the regulations under either of those Acts.

If the general manager is satisfied of a claim under subsection (2), the general manager must, as soon as practicable after receiving notice of the claim,

in respect of liquor that is still in the custody of the general manager or a peace officer, order that the liquor be returned to the person,

in respect of liquor that has been destroyed under subsection (1) (

b) by a peace officer, require the police service of which the peace officer who seized the liquor is a member to compensate the person, or

in respect of liquor that has been destroyed under subsection (1) (

b) by the general manager, compensate the person.

For the purposes of subsection (3) (

b) and (c), the amount of compensation is limited as follows:

if there is a retail price set for the destroyed liquor under the Liquor Distribution Act , to the lower of

the retail price, and

if known, the actual price paid for the liquor;

if there is no retail price set for the destroyed liquor under the Liquor Distribution Act , to the lower of

the replacement value of the liquor as determined as if the liquor were available for purchase through the Liquor Distribution Branch, and

if known, the actual price paid for the liquor;

in the case of liquor manufactured or being manufactured in prescribed circumstances, to the amount established by the regulations.

Liquor and the packages containing it are forfeited to the government if

the liquor is seized under

section 44 or 45 but not destroyed under subsection (1) (

b) of this section, and

one of the following applies:

no person gives the notice referred to in subsection (2) of this section;

a person who gives the notice referred to in subsection (2) of this

section fails to establish the person's claim and right to possession of the liquor.

The liquor and packages forfeited to the government under subsection (5) must be destroyed or otherwise disposed of as the general manager may direct.

Administrative Actions

Temporary suspension or conditions — public safety or interest

The general manager may, without a hearing, suspend all or part of a licence, an authorization or a permit for a period not exceeding 24 hours or cancel all or part of a permit or an authorization if

in the establishment the conduct of the licensee's patrons or employees is of a riotous, violent, drunken or disorderly nature,

at the event site the conduct of the persons attending the event or of the employees of the licensee or permittee is of a riotous, violent, drunken or disorderly nature, or

the safety of one or more persons in the establishment or at the event site is threatened.

for a period not exceeding 24 hours, if, in the general manager's opinion, it is in the public interest to do so, or

for a period not exceeding 14 days, if the general manager has reasonable grounds to believe that it is in the public interest to do so as a result of extraordinary circumstances associated with the operation of the establishment or event site.

If the general manager takes an action under subsection (1) or (2), the general manager may order

immediate removal of all persons attending the event or the licensee's employees from all or part of the event site,

and the licensee or permittee must take all reasonable steps to ensure that the establishment or event site, or part of it, is immediately vacated.

set out in the notice the reasons for taking the action, and

set out in the notice the details of the action, including, if a suspension is imposed, the period of the suspension.

Cancellation, suspension or order for transfer of licence

In the following circumstances, the general manager may, on written notice to the licensee, cancel the licensee's licence, suspend the licensee's licence for a period the general manager considers appropriate or order a transfer of the licence, within the period the general manager specifies, to a person who is at arm's length from the licensee:

a circumstance that would prevent the issue of a licence;

the licensee fails to disclose a material fact required by an application under this Act or makes a false or misleading statement in an application under this Act;

the licensee is convicted of an offence under the laws of Canada, British Columbia, a treaty first nation or the Nisg̱a'a Nation or under the bylaws of a municipality, regional district or first nation, if the offence relates to the establishment or an event in respect of an event site or to the operation of the establishment or an event site;

the licensee fails to apply for, as required, and be granted an amendment to the licensee's licence

for the use of the licence by another person, or

to change the location of the establishment.

suspend all or part of the licensee's licence until the information or record is provided or reported or the fees are paid, or

cancel the licensee's licence.

If the Liquor Distribution Branch suspends or terminates an agreement with a licensee under

section 5 of the Liquor Distribution Act , the general manager may, on written notice to the licensee,

suspend all or part of the licensee's licence until the agreement is reinstated, or

cancel the licensee's licence.

If a municipal, regional, provincial or federal licence, permit, registration or certificate, or a licence, permit, registration or certificate issuable by a first nation, treaty first nation or the Nisg̱a'a Nation, that a licensee is required to hold in order to operate the establishment or an event site is not issued or is suspended, is cancelled or expires without being renewed, the general manager may, on written notice to the licensee,

suspend all or part of the licensee's licence until the other licence, permit, registration or certificate is issued, reinstated, reissued or renewed, or

cancel the licensee's licence.

If, in the general manager's opinion, a licence is dormant because a licensee has not, for a prescribed period, operated the establishment that is the subject of the licensee's licence, the general manager must, except in the prescribed circumstances, cancel the licence.

Cancellation of permit or authorization

The general manager may cancel a permit or an authorization if, in the general manager's opinion,

a circumstance exists that would prevent the issue of a permit or an authorization,

the circumstances on the basis of which the permit or authorization was issued have changed so that the circumstances no longer meet the requirements under this Act for issue of a permit or authorization,

the permittee or licensee fails to disclose a material fact required by the application for the permit or authorization or makes a false or misleading statement in the application,

the permit or authorization was issued in error, or

the event authorized by the permit or authorization could pose a threat to public safety.

The general manager may cancel a permit

if, in the general manager's opinion,

the permittee has contravened this Act or the regulations,

the permittee has contravened a law, relating to liquor, of Canada, British Columbia, a treaty first nation or the Nisg̱a'a Nation or a bylaw, relating to liquor, of a municipality, regional district or first nation, or

iii

the permittee has failed to comply with a term or condition of the permit,

if the permittee has been convicted of an offence under a law of Canada, British Columbia, a treaty first nation or the Nisg̱a'a Nation or under a bylaw of a municipality, regional district or first nation, if the offence relates to an event in respect of an event site or to the operation of an event site, or

if a municipal, regional, provincial or federal licence, permit, registration or certificate, or a licence, permit, registration or certificate issuable by a first nation, treaty first nation or the Nisg̱a'a Nation, that a permittee is required to hold in order to operate an event site is not issued or is suspended, is cancelled or expires without being renewed.

Action against licensee

In addition to other powers the general manager has under this Act, the general manager may take action against a licensee for one or more of the following reasons:

the licensee's contravention of this Act;

the licensee's contravention of the regulations;

the licensee's failure to comply with a term or condition imposed by the general manager.

If the general manager has the right under subsection (1) to take action against a licensee, the general manager may take one or more of the following actions:

subject to subsection (4), impose a monetary penalty on the licensee in accordance with the prescribed

schedule of monetary penalties;

subject to subsection (4), suspend all or part of the licensee's licence in accordance with the prescribed

schedule of licence suspensions;

cancel all or part of the licensee's licence;

order a transfer of the licensee's licence, within the period the general manager specifies, to a person who is at arm's length from the licensee.

The general manager must, in taking action against a licensee under subsection (2), take into account

the licensee's compliance history,

the matters prescribed by regulation, and

other matters that the general manager considers relevant.

The general manager may, if the general manager is satisfied that it is in the public interest to do so,

subject to subsection (5), impose a monetary penalty under subsection (2) (

b) that is greater than the amount provided for in the prescribed

schedule of monetary penalties, or

suspend a licensee's licence under subsection (2) (

c) for a period longer than that provided for in the prescribed

schedule of licence suspensions.

The general manager may not impose a monetary penalty that is greater than the following amounts:

$50 000 for a contravention of

section 8 (2) (a), (b), (

c) or (

d) or (3);

$25 000 for another reason referred to in subsection (1) of this

section for which the general manager may take action against the licensee.

If a corporation is liable to a monetary penalty imposed under this

section in respect of a contravention of this Act or the regulations or a failure to comply with a term or condition the general manager imposes, an officer, director or agent of the corporation who authorizes, allows or acquiesces in the contravention is also liable to the penalty.

If the general manager proposes to take action under subsection (1), the general manager must provide written notice to the licensee

specifying the reason under subsection (1) for which the general manager proposes to take action,

respecting the action the general manager proposes to take against the licensee, and

notifying the licensee that the licensee may, in accordance with subsection (8), waive the opportunity for a hearing.

A licensee may provide to the general manager a signed waiver, in form and content satisfactory to the general manager and within such period as the general manager considers appropriate, in which the licensee expressly and irrevocably

admits to the allegation referred to in subsection (7) (a),

accepts the action, specified in the waiver, to be taken by the general manager, which action may, but need not, be that proposed under subsection (7) (b),

waives the opportunity for a hearing, and

agrees that the action of the general manager and the reasons for taking that action, set out in an order under subsection (9), will form part of the compliance history of the licensee.

If the general manager makes a determination against a licensee, the general manager must, in an order given to the licensee,

specify the action being taken under subsection (2), which action may, but need not, be that proposed under subsection (7) (b),

set out the reasons for taking the action, and

set out the details of the action, including,

if a monetary penalty is imposed, the amount of the penalty and the date by which the penalty must be paid, and

if a licence suspension is imposed, the period of the suspension and the dates on which the suspension must be served.

A monetary penalty imposed by an order under subsection (9) must be paid within 30 days after the date on which the licensee receives the order or within a longer period that the general manager specifies in the order.

Action against former or deemed licensee

In this section, deemed licensee means a person who was conclusively deemed to be a licensee under

section 22 (3) until the date on which the general manager refused to transfer the licence.

Without limiting

section 51, that section, except subsection (2) (

a) and (

c) to (

e) of that section, and regulations under

section 85 (1) (

d) apply to a former licensee and a deemed licensee, in relation to matters that occurred while the person was a licensee or was deemed under

section 22 (3) to be a licensee, provided that,

in the case of a former licensee, the general manager commences action within 6 months after the former licensee ceases to be the licensee under the licence in respect of which the action is being taken, or

in the case of a deemed licensee, the general manager commences action within 6 months after the person ceases to be deemed under

section 22 (3) to be a licensee under the licence in respect of which the action is being taken,

and, for those purposes, a reference in

section 51 or 85 (1) (

d) to a licensee must be read to include a former licensee and a deemed licensee.

Nothing in this

section limits the application of

section 51 or regulations under

section 85 (1) (

d) to a licensee who was deemed under

section 22 (3) to be a licensee and to whom the general manager transferred the licence.

Action against permittee

Section 51, except subsection (2) (

a) and (

c) to (

e) of that section, and regulations under

section 85 (1) (

d) apply to

a permittee, and

a former permittee following the expiry of the permit, provided that the general manager commences action against the person within 6 months after the expiry of the permit,

and, for those purposes, a reference in

section 51 to

a licence must be read as a reference to a permit, and

a licensee must be read as a reference to a permittee or former permittee.

Reconsiderations

53.1

In this section:

applicant means a person who applies under subsection (2) for a reconsideration of a

section 51 order;

reconsideration order means an order of the general manager under subsection (9);

section 51 order means an order of the general manager under

section 51 (9) other than an order based on a signed waiver referred to in

section 51 (8).

The following persons who receive a

section 51 order may apply to the general manager for a reconsideration of the order:

a licensee referred to in

section 51;

a former licensee or deemed licensee referred to in

section 52;

a permittee or former permittee referred to in

section 53.

A reconsideration is, subject to subsection (4), a review on the record and may be based on only one or more of the prescribed grounds.

The general manager may, in a reconsideration of a

section 51 order, consider new evidence only if the general manager is satisfied that the new evidence

is substantial and material to the reconsideration, and

did not exist when the

section 51 order was given or did exist at that time but was not discovered and could not, through the exercise of reasonable diligence, have been discovered.

The general manager must not accept an application for a reconsideration of a

section 51 order unless the following requirements are met:

the application is in the form the general manager establishes;

the application identifies one or more of the prescribed grounds on which the application is based;

the application includes a submission setting out the applicant's argument with respect to the prescribed grounds identified under paragraph (b);

subject to subsection (6), the general manager receives the application within 30 days after the date on which the applicant receives the

section 51 order.

The general manager may extend the deadline in subsection (5) (

d) if the general manager is satisfied that

special circumstances existed that prevented the applicant from meeting the deadline, and

an injustice would result if no extension were granted.

Despite

section 51, if the general manager accepts an application for a reconsideration of a

section 51 order, the actions specified in the order are stayed until the general manager makes a reconsideration order with respect to the

section 51 order.

The general manager must give written notice to the applicant that the application has been accepted or rejected.

The general manager may, in a reconsideration order, confirm, vary or rescind the

section 51 order that is the subject of the reconsideration, and a reconsideration order that confirms or varies a

section 51 order replaces the

section 51 order.

Section 51 (1) to (6) applies to a reconsideration of a

section 51 order.

The general manager must, in a reconsideration order given to the applicant,

set out the reasons for making the order, and

when the order confirms or varies the actions of the

section 51 order that is the subject of the reconsideration, set out the details of the action under the reconsideration order, including,

if a monetary penalty is imposed, the amount of the penalty and the date by which the penalty must be paid, and

if a licence suspension is imposed, the period of the suspension and the dates on which the suspension must be served.

A monetary penalty confirmed, varied or imposed by a reconsideration order must be paid within 30 days after the date on which the applicant receives the order or within a longer period that the general manager specifies in the order.

If the requirement to pay a monetary penalty under a

section 51 order is rescinded by a reconsideration order and the monetary penalty under the

section 51 order has been paid, the penalty must be refunded.

If the amount of a monetary penalty imposed under a

section 51 order is reduced by a reconsideration order and the monetary penalty under the

section 51 order has been paid, the amount of the reduction must be refunded.

Debt due to government

If a person on whom the general manager imposes a monetary penalty does not pay the full amount of the monetary penalty within the time specified under or in accordance with

section 51 (10) or 53.1 (12), the general manager may issue a certificate setting out the unpaid amount of the monetary penalty and, if issued,

the certificate is conclusive as to the unpaid amount of the monetary penalty,

that amount is a debt due to the government, and

the general manager may file the certificate with a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

Limitation on proceedings

If the general manager imposes a monetary penalty under

section 51 (2) (

b) or 53.1 or suspends all or part of a licensee's licence under

section 51 (2) (

c) or 53.1, a prosecution for an offence for contravention of the same provision of this Act or the regulations in respect of the circumstances that gave rise to the penalty or suspension may not be brought against the person.

A person who has been charged with an offence under this Act may not be subject to an action under

section 51 (2) (

b) or (

c) for contravention of the same provision of this Act or the regulations in respect of the circumstances that gave rise to the charge.

Refunds

55.1

The following refunds must be paid out of the consolidated revenue fund:

a refund of a monetary penalty under

section 53.1 (13) or (14);

a refund required by a regulation under

section 83 (d).

Offences

Section 5 of Offence Act does not apply

Section 5 of the Offence Act does not apply to this Act or the regulations.

Offences and penalties

A person commits an offence under this Act if the person

contravenes

section 7 (1) or (2), 8 (2) or (3), 10 (3) or (6), 44 (6), 46, 60 (1), (2) or (3), 61 (2) or (4), 64 (1), 73 (1), 74 (1), 75, 76 (2), 77 (1), 78 (1), (2) or (3) or 79 (1),

contravenes

section 62 (1) or (2) when not exempted under

section 62 (3),

provides false or misleading information in the following circumstances:

when making an application referred to in

section 12;

when making a report or when required and as specified by the general manager under

section 59, or

contravenes a provision of the regulations, the contravention of which is prescribed to be an offence.

A person who commits an offence under this Act in respect of

section 8 (2) (a), (b), (

c) or (

d) or (3) is liable,

in the case of a corporation, to a fine of not more than $100 000,

in the case of an individual who is a licensee, to a fine of not more than $100 000 or to imprisonment for not more than 12 months, or to both, and

in the case of an individual who is not a licensee, to a fine of not more than $50 000 or to imprisonment for not more than 12 months, or to both.

A person who commits an offence under this Act, other than in respect of

section 8 (2) (a), (b), (

c) or (

d) or (3), is liable,

in the case of a corporation, to a fine of not more than $50 000,

in the case of an individual who is a licensee, to a fine of not more than $50 000 or to imprisonment for not more than 6 months, or to both, and

in the case of an individual who is not a licensee, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

Offence by officer, director or agent

If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorizes, allows or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

General

Miscellaneous

Reporting requirements

A licensee must, in the form established and within the time specified by the general manager, report the following:

a prescribed change respecting the licensee or the licence;

a prescribed circumstance respecting the licensee or the licence.

When required and as specified by the general manager during the term of a licence,

a licensee must provide information relating to the licensee or the licence,

the directors, officers or employees of a corporation that is a licensee must provide the names of and contact information for the directors, officers and shareholders of the corporation, and

a licensee whose licence is used by a corporation in accordance with

section 18 must provide the names of and contact information for the directors, officers and shareholders of the corporation using the licence.

When required and as specified by the general manager,

a person who is or was a permittee must provide information relating to the permittee or the permit, and

the directors, officers or employees of a corporation that is or was a permittee must provide

information relating to the permit, and

the names of and contact information for the directors, officers and shareholders of the corporation.

Training and recertification

A licensee or permittee with a licence or permit of a prescribed class of licences or permits, or a person who, in accordance with

section 18, uses a licence of a prescribed class of licences, must not operate an establishment or event site without first having successfully completed a prescribed training program or recertification as required by the regulations.

Unless a person has successfully completed a prescribed training program or recertification as required by the regulations, the person must not

sell or serve liquor in a service area or at a liquor store or residential event, or

supervise the sale or service of liquor in a service area or at a liquor store or residential event.

A prescribed person must successfully complete a prescribed training program or recertification as required by the regulations.

If a licensee, a permittee or a person referred to in subsection (1) or (3) is not an individual, the requirement in subsection (1) or (3) is met if the prescribed training program or recertification is successfully completed as required by the regulations by,

in the case of a licensee or of a person using the licence, an affiliate of the licensee or person or another person satisfactory to the general manager,

in the case of a permittee, the person who will be responsible for the sale or service of liquor under the permit, or

in the case of a person referred to in subsection (3), an affiliate of the person or another person satisfactory to the general manager.

Conduct at event site or in establishment, service area or liquor store

In this section:

knife does not include cutlery provided, for the purpose of food services, by a licensee or permittee or an employee of either;

lawful excuse does not include possession for self-protection;

store manager has the same meaning as in the Liquor Distribution Act ;

weapon means anything used or intended for use

in causing death or injury to persons, whether designed for that purpose or not, or

for the purpose of threatening or intimidating a person.

A licensee or permittee or an employee of either must not

sell or serve liquor to an intoxicated person or a person showing signs of intoxication, or

allow

a person in a service area to become intoxicated,

an intoxicated person to enter or remain in a service area,

iii

violent, quarrelsome, riotous or disorderly conduct in an establishment or at an event site,

unlawful activities or conduct in an establishment or at an event site, or

a person to enter an establishment or an event site or to remain in an establishment or at an event site, if the licensee, permittee or employee knows that the person has, without lawful excuse, a knife or weapon in the person's possession.

A licensee or permittee or an employee of either may,

if the licensee, permittee or employee believes a person is intoxicated,

request that the person leave a service area, or

forbid the person from entering a service area, and

if the licensee, permittee or employee believes the presence of a person in an establishment or at an event site is undesirable or that the person has, without lawful excuse, a knife or weapon in the person's possession,

request that the person leave the establishment or event site, or

forbid the person from entering the establishment or event site.

A person must not

remain in a service area, in an establishment or at an event site after the person is requested to leave in accordance with subsection (3),

enter a service area, an establishment or an event site within 24 hours after the time the person was requested to leave the service area, establishment or event site in accordance with subsection (3), or

without lawful excuse, the proof of which lies on the person, possess a knife or weapon in a service area, in an establishment or at an event site.

Subsections (2) to (4) apply in respect of liquor stores, and, for those purposes, a reference in those subsections to

a licensee or permittee must be read as a reference to a store manager,

an employee of either must be read as a reference to an employee of the Liquor Distribution Branch, and

an establishment must be read as a reference to a liquor store.

A peace officer may arrest, without a warrant, a person whom the peace officer believes on reasonable grounds is contravening subsection (4).

Tied houses and inducements

A person must not arrange, or agree to arrange, with another person to sell the liquor of a manufacturer to the exclusion of the liquor of another manufacturer.

A person must not offer, give or agree to offer or give to a licensee, a permittee or an employee of either, and a licensee or permittee or an employee of either must not demand or accept or agree to accept, money, gifts, reward or remuneration, directly or indirectly, for promoting, inducing or furthering the sale of a particular kind, class or brand of liquor.

A person may be exempted from subsection (1) or (2), and a liquor manufacturer, a liquor manufacturer's agent or a person referred to in

section 19 (5) may be exempted for the purposes of

section 19 (5),

subject to the regulations, by the general manager, who may impose conditions on the exemption, or

by the regulations, with or without conditions.

Public education material

The general manager may require that educational information or material respecting liquor, the responsible consumption of liquor and liquor-related issues be provided

by licensees or permittees to their patrons and employees, and

by liquor stores to their patrons and employees.

The general manager may, in making a requirement under subsection (1),

specify the information or material referred to in that subsection,

specify the manner in which the information or material referred to in that subsection must be provided, and

establish classes of liquor stores, licensees and permittees and specify different material and different manners of provision of the material for different classes of liquor stores, licensees or permittees.

A licensee or permittee must comply with a requirement under this section.

Advertising liquor

A person must not advertise liquor or the availability of liquor except in accordance with the regulations.

Regulations referred to in subsection (1) may adopt by reference a code, standard or rule enacted as or under a law of Canada, as amended from time to time.

Proceedings

Practice and procedure

The general manager may make rules respecting the practices and procedures to be followed in the conduct of hearings under this Act.

Stay

The general manager may, if the general manager considers it appropriate, grant a stay of an order made by the general manager for the period and on the conditions the general manager considers appropriate.

Witnesses

For the purposes of a hearing, the general manager may, by summons, require a person

to attend as a witness, at a place and time set out in the summons, which time must be a reasonable time from the date of the summons, and

to bring and produce for the general manager all records or other things in the person's possession or control that are relevant to the subject matter of the hearing.

A person named in and served with a summons referred to in subsection (1) must

attend, in accordance with the summons, before the general manager and give evidence on oath or affirmation, or in another manner the general manager authorizes, that is relevant to the subject matter of the hearing, and

produce all records or other things in accordance with the summons.

When the general manager exercises a power under subsection (1), a person who fails or refuses to comply with subsection (2) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Service and receipt of documents

Documents that are required or allowed under this Act to be given or served on a person must be given or served in accordance with the regulations.

A document given or served in accordance with subsection (1) is conclusively deemed to be received, in relation to a specified method of service, as provided in the regulations.

Certified copies of documents as evidence

If the general manager certifies as a true copy a copy of a licence, a permit, an authorization, a floor plan, an order of the general manager, an extract from a record inspected under

section 42 or another document, the certified true copy is admissible in evidence to the same extent as, and has the same evidentiary value as, the original of which it is a copy, without proof of the signature of the general manager.

Certificate of analysis

A certificate of an analysis completed and signed by one of the following, stating the composition of a sample of a substance, is evidence of the statement contained in the certificate without proof of the appointment or signature of the person:

a representative or an employee of a laboratory accredited under the Standards Council of Canada Act by the Standards Council of Canada for a purpose contemplated by this Act or the regulations;

a person or an employee or representative of an organization, agency or other entity that is satisfactory to the general manager for this purpose.

Absence of proof — liquor

In a proceeding under

section 51 or 53.1 or in respect of an offence committed under this Act, the general manager or a court may, in the absence of proof to the contrary, find that a substance is liquor from the fact that a witness describes it as intoxicating or by a name commonly applied to a liquor.

Time limit for judicial review

An application for judicial review of a decision of the general manager must be commenced within 30 days after the date the applicant receives written notice of the decision.

Possession and Consumption of Liquor

Unlawful possession or consumption of liquor

A person must not consume liquor, or possess liquor in an open container, in a place other than

a residence,

a private place,

a service area in respect of which a licence, authorization or permit allows consumption,

as provided under

section 11,

as provided under subsections (2) to (4) of this section,

an assisted living residence, community care facility, hospital or other prescribed facility as provided in

section 9, or

in a liquor store as allowed under the Liquor Distribution Act .

Subject to subsection (3) and the regulations, a municipality, a regional district or the Park Board, established under

section 485 of the Vancouver Charter , may, by bylaw, designate a public place over which it has jurisdiction, or part of such a place, as a place where liquor may be consumed.

A bylaw under subsection (2) must contain the hours during which liquor may be consumed.

Without limiting subsection (2), regulations under that subsection may provide that a bylaw referred to in that subsection may not designate

a specified public place, or

a specified public place for a specified period of time.

Intoxication in public place

A person who is intoxicated must not be or remain in a public place.

A peace officer may arrest, without a warrant, a person whom the peace officer believes on reasonable grounds is contravening subsection (1).

Giving liquor to intoxicated person

A person must not sell, serve or give liquor to an intoxicated person or a person showing signs of intoxication.

Liquor in motor vehicle

In this section, motor vehicle has the same meaning as in the Motor Vehicle Act , and includes an off-road vehicle within the meaning of the Off-Road Vehicle Act .

Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

Subsection (2) does not apply

if the liquor is in a container that is unopened and has an unbroken seal,

in any other case, if the liquor is not readily accessible by the driver and passengers.

Minors

Supplying liquor to minors

Subject to the regulations, a person must not

sell, give or otherwise supply liquor to a minor,

possess liquor for the purposes of selling, giving or otherwise supplying the liquor to a minor, or

allow a minor to consume or possess liquor in or at a place under the person's control.

For the purposes of subsection (1) (b), possession includes a circumstance where the person knowingly has the liquor

in the possession of another person, or

in or at a place, whether or not that place belongs to or is occupied by the person.

A person does not contravene this

section if the person, in reaching the conclusion that another person is not a minor,

requires that the other person produce prescribed identification, and

examines the identification and has reason to believe it is authentic.

Prohibitions with respect to minors

A minor must not, except as provided under this Act or unless the minor does so with other lawful excuse,

purchase liquor,

consume liquor, or

possess liquor.

A minor must not, for the purposes of purchasing liquor or of gaining access to a service area, present identification or another record to establish the minor's age or identity if that identification or other record

has been altered to misrepresent the age or identity of the minor,

was issued by the issuing agency to another person, or

is forged or fraudulently made.

This section, except as subsection (1) applies to the consumption of liquor, does not apply to a minor

who is employed or contracted by a municipal police board, the provincial police service or the general manager to test the compliance of a licensee, permittee or liquor store with the requirements under this Act respecting minors, and

while the minor is engaged in that employment or under that contract and accompanied or supervised by a peace officer or an employee.

Minors in establishment, event site, service area or liquor store

A licensee or permittee, an employee of a licensee or permittee, or a person who sells liquor in a liquor store must not allow a minor to enter or be in or at an establishment, service area, event site or liquor store if it is prohibited

by the regulations.

A licensee or permittee must not employ a minor in or at an establishment, service area or event site except as provided

by the regulations.

A person does not contravene subsection (1) or (2) if the person, in reaching the conclusion that another person is not a minor,

requires that the other person produce prescribed identification, and

examines the identification and has reason to believe it is authentic.

Regulations

Regulations — general

The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

The authority under another provision of this Act to make regulations does not limit subsection (1) or (2).

The Lieutenant Governor in Council may make regulations as follows:

defining a word or expression used but not defined in this Act;

exempting, with or without restrictions or conditions, a person, licensee or permittee from one or more provisions of the regulations;

respecting a matter for which regulations are contemplated by this Act.

A regulation under this Act may establish and provide differently for different classes of prescribed matters, including, without limitation, different classes of licences, permits, endorsements, authorizations, persons, licensees, permittees, liquors, actions, contraventions, establishments, event sites, service areas, services, training programs, recertification requirements, entities, circumstances, things or transactions or other matters for which regulations are contemplated by this Act.

Regulations — general manager's role

The Lieutenant Governor in Council may make regulations as follows:

conferring additional powers and duties on the general manager;

without limiting paragraph (a), conferring a discretion on, or delegating a matter to, the general manager or the general manager appointed under the Liquor Distribution Act .

Without limiting subsection (1) (

a) or (b), a regulation under this Act may allow the general manager,

with or without restrictions or conditions, to

exempt licensees or permittees from one or more provisions of the regulations, and

set restrictions or conditions on the exemption.

Regulations — licences, permits, authorizations and endorsements

The Lieutenant Governor in Council may make regulations as follows:

respecting the

issue, renewal, transfer, amendment, suspension and cancellation of licences,

issue, amendment, suspension and cancellation of permits, and

iii

issue, amendment, suspension and cancellation of authorizations;

respecting endorsements, including, without limitation, the licences to which an endorsement may be added and the criteria that must be met before an endorsement may be added;

specifying licences or endorsements in respect of which an authorization may be issued and the criteria that must be met before an authorization may be issued;

without limiting paragraph (a), providing for the conversion of

a class of licence to a class of endorsement or another class of licence,

a class of licence to a class of permit,

iii

a class of endorsement to a class of licence or another class of endorsement,

a class of authorization to another class of authorization,

a class of permit to another class of permit, and

a class of application to another class of application;

establishing requirements respecting the location of establishments or event sites;

establishing eligibility criteria for an establishment or event site;

establishing, in addition to requirements under this Act or in a licence, a permit or an authorization, requirements that must be met by a licensee or permittee;

establishing requirements of and rules relating to a licence, a permit or an authorization;

respecting consultation by the general manager or by another person with, or notice by the general manager or another person to, public authorities, including, without limitation, local governments, first nations or police, before the issue of a permit or an authorization.

Regulations — fees

The Lieutenant Governor in Council may make regulations as follows:

respecting fees and charges payable under this Act, including, without limitation, fees payable

by licensees and applicants for licences,

by permittees and applicants for permits,

ii.1

by applicants who apply under

section 53.1 (2) for a reconsideration of an order under

section 51,

iii

for training programs and recertification referred to in

section 60, and

for another service or benefit obtained or required by a person;

allowing all or a portion of the fees referred to in paragraph (a) (iii) to be collected and, despite

section 14 (1) of the Financial Administration Act , retained by a person who provides a training or recertification program as remuneration for the provision of the training or recertification program;

specifying when a fee or charge payable under this Act must be paid;

respecting the circumstances in which fees paid by an applicant who applies under

section 53.1 (2) for a reconsideration of an order under

section 51 must be refunded.

Regulations — miscellaneous

The Lieutenant Governor in Council may make regulations as follows:

respecting the maximum number of persons allowed in an establishment, in a service area or at an event site;

respecting the consumption or possession of liquor in an establishment or at an event site;

respecting the consumption or possession of liquor by minors;

respecting training programs and recertification referred to in

section 60, with power to

set training programs and recertification requirements for licensees, permittees, supervisors, servers or sellers of liquor and other prescribed persons, and

exempt persons referred to in subparagraph (

i) of this paragraph from the requirement to complete training programs or recertification;

respecting the use of establishments or service areas during a period when the service or sale of liquor is not allowed or liquor is not being served or sold;

respecting sponsorship by licensees or permittees;

respecting the holding and use of funds raised by a permittee for charitable purposes.

Regulations — administrative actions and penalties

The Lieutenant Governor in Council may make regulations as follows:

respecting actions under

section 51 or 53.1, including, without limitation, establishing rules respecting suspensions and monetary penalties;

prescribing a

schedule of monetary penalties for the purposes of

section 51 (2) (

b) or 53.1;

prescribing a

schedule of licence suspensions for the purposes of

section 51 (2) (

c) or 53.1;

c.1

respecting the grounds on which an application under

section 53.1 (2) may be based;

authorizing the general manager to publish information, respecting a licensee or permittee, in relation to

actions taken under

section 51 or 53.1 against the licensee or permittee by the general manager, including the reasons for the action and the sanction imposed by the general manager, and

convictions of the licensee or permittee for offences under this Act, including specifying the offence and the penalty imposed;

governing the use and posting of signs to indicate that a licensee is the subject of a suspension or monetary penalty.

A regulation under subsection (1) (

b) or (c), if repealing and replacing

a

schedule of monetary penalties or licence suspensions, may provide that, despite its repeal, the repealed

schedule of monetary penalties or licence suspensions continues to apply to a contravention of the Act or the regulations or a failure to comply with a term or condition imposed by the general manager that occurs before the date the

schedule is repealed, or

a provision of a

schedule of monetary penalties or licence suspensions, may provide that, despite its repeal, the repealed provision of the

schedule of monetary penalties or licence suspensions continues to apply to a contravention of the Act or the regulations or a failure to comply with a term or condition imposed by the general manager that occurs before the date the provision is repealed.

Transitional and Validation Provisions, Repeal and Consequential Amendments

Transitional and Validation Provisions

Transition — conversion

In this section:

former Act means the Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267, as it read immediately before the date this

section comes into force;

instrument means a licence, an endorsement, an authorization or a permit.

The Lieutenant Governor in Council may make regulations providing for the conversion, on the coming into force of this section, of a class or category of instrument issued under the former Act to a class of instrument established under this Act.

are those imposed by the general manager under the general manager's authority under this Act on the coming into force of this

section in respect of the class of instrument into which the instrument under the former Act is converted,

are, despite this Act and the regulations under this Act, those imposed immediately before the coming into force of this

section under the former Act or by the general manager under the general manager's authority under the former Act in respect of the converted class or category of instrument, or

Without limiting subsection (2), the Lieutenant Governor in Council may make regulations as follows:

providing for conversion, on the coming into force of this section, of an application for a class or category of instrument under the former Act to an application for a class of instrument established under this Act, if the application is

received by the general manager before this

section comes into force, and

outstanding on the date this

section comes into force;

allowing an application for a class or category of instrument under the former Act that is

received by the general manager before this

section comes into force, and

outstanding on the date this

section comes into force

to continue as if the former Act and the regulations under the former Act were not repealed, until the general manager has completed the general manager's review of the application.

Without limiting another power in this Act for regulations to establish and provide differently for different classes of prescribed matters, regulations under this

section may provide differently for

different classes or categories of instruments issued under the former Act, and

instruments of the same class or category issued at different times under the former Act.

Transition — penalties and suspensions

In this section, former Act means the Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267, as it read immediately before the date this

section comes into force.

The

schedule of monetary penalties prescribed under

section 84 (2) (

s) of the former Act and the

schedule of licence suspensions prescribed under

section 84 (2) (

t) of the former Act, as those schedules read immediately before the former Act's repeal by this Act, apply for the purposes of an action taken by the general manager in respect of a matter referred to in

section 20 (1) of the former Act that occurred before the repeal of

section 20 (1) of the former Act.

Transition — time limit for judicial review

If the general manager has given written notice of a decision before the date this

section comes into force, an application for judicial review of the decision must be commenced within 30 days after the date this

section comes into force.

Transition — regulations

1) to (3

[Repealed 2015-19-89.]

Subsections (1) to (3) are repealed 3 years after the date this

section comes into force.

Transition — duty free liquor stores under Liquor Distribution Act

In this section:

agreement means a duty free shop agreement or duty free store agreement entered into by Her Majesty the Queen in Right of the Province of British Columbia as represented by the Liquor Distribution Branch continued under

section 2 of the Liquor Distribution Act , setting out how the operator of a duty free liquor store in British Columbia may buy and sell liquor products;

duty free liquor store means a duty free liquor store established under

section 21 (1) of the Liquor Distribution Act , as that

section read immediately before its amendment by

section 42 of the Liquor Control and Licensing Amendment Act, 2014 , S.B.C. 2014, c. 13, and under the terms of an agreement;

party to an agreement means the operator of a duty free liquor store who has entered into an agreement that is not, on the date prescribed under subsection (2), suspended, terminated or the subject of a written notice to terminate.

The Lieutenant Governor in Council may make regulations conclusively deeming, on a prescribed date, the following:

a party to an agreement to be a licensee who holds a licence of a specified class of licences;

despite anything in an agreement that is required to terminate the agreement, the agreement to be terminated;

an application for an agreement to be an application for a licence of a class of licences specified under paragraph (a).

specify that a term or condition of an agreement terminated under subsection (2) (

b) is a term or condition of the class of licence referred to in subsection (2) (a);

allow the general manager to do one or more of the things referred to in paragraphs (

a) to (

c) of this subsection in a specific case or class of cases as determined by the general manager.

Validation — refunds

Despite

section 1 of

Schedule 1 to the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, as that

section read immediately before its repeal by this Act, application and licence fees that are refunded by the Liquor Control and Licensing Branch prior to the date that

section is repealed by this Act, are conclusively deemed to have been validly refunded.

This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Repeal

[Note: See Table of Legislative Changes for the status of sections 92 to 120.]

Section(

s) Affected Act

Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267

Consequential Amendments

93-118

Section(

s) Affected Act

Liquor Control and Licensing Act , R.S.B.C. 1996, c. 267

94-99

Liquor Control and Licensing Amendment Act, 2014

Liquor Control and Licensing Regulation

101-109

Liquor Distribution Act

110-111

Miscellaneous Statutes Amendment Act (No. 3), 2010

Miscellaneous Statutes Amendment Act (No. 2), 2012

113-116

Provincial Sales Tax Act

Vancouver Charter

Wills, Estates and Succession Act

Amendments to this Act

119-120

Section(

s) Affected Act

119-120

Liquor Control and Licensing Act

, S.B.C. 2015, c. 19

Not in force

[Not in force.]

Commencement

The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1 Provisions of Act

Column 2 Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 90

By regulation of the Lieutenant Governor in Council

Sections 92 to 99

By regulation of the Lieutenant Governor in Council

Sections 101 to 108

By regulation of the Lieutenant Governor in Council

Sections 110 to 121

By regulation of the Lieutenant Governor in Council