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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"agency store" means a liquor store operated by an agent appointed under section 8 (5) of the Liquor Distribution Act;
"agent" means
(a) an agent of a liquor manufacturer,
(b) an agent of a liquor importer, or
(c) an importer;
"appeal board" means the Liquor Appeal Board established under section 30.1;
"branch" means the Liquor Control and Licensing Branch established under section 2;
"charitable purpose" means the relief of poverty, the advancement of education, the advancement of religion and other purposes beneficial to the community, and includes the advancement of
(a) recreation;
(b) sports or athletics;
(c) aid to the disabled and handicapped;
(d) culture; and
(e) youth or senior citizens;
"club" means a corporation incorporated under the laws of the Province
(a) which has been in continuous operation as a club for at least one year immediately prior to the date of its application for a licence under this Act;
(b) having not less than 50 members;
(c) whose members pay an annual membership fee of not less than $10;
(d) having prime objects or purposes of a social, athletic, recreational, fraternal, benevolent or patriotic nature;
(e) having its own facilities;
(f) which is not operated primarily for pecuniary gain; and
(g) which does not sublet its catering or the sale of liquor,
and includes a veterans' club;
"commission" means the commission established under the Commercial Appeals Commission Act;
"consume", with respect to liquor, includes putting liquor to any use, by drinking or otherwise;
"establishment" means a place or premises that may comply with the requirements of this Act and regulations prescribing the qualifications of a place or premises for which licences may be issued;
"general manager" means the general manager of the Liquor Control and Licensing Branch appointed under section 3;
"licence" or "permit" means a licence or permit issued under this Act or regulations;
"licensed establishment" means an establishment licensed under this Act;
"licensee" means a person licensed under this Act to sell liquor and includes
(a) a person carrying on the business of a brewery, winery or distillery, and
(b) a person holding a special occasion licence;
"liquor" means
(a) fermented, spirituous and malt liquors;
(b) combinations of liquors; and
(c) drinks and drinkable liquids that are intoxicating;
and a liquor that contains more than 1% alcohol by volume shall be conclusively deemed to be intoxicating; and "liquor" includes beer, or a substance which, by being dissolved or diluted is capable of being made a drinkable liquid that is intoxicating and which substance is declared by order of the Lieutenant Governor in Council to be liquor;
"liquor store" means a government liquor store, government beer store or government wine store or an agency established by the general manager under the Liquor Distribution Act;
"listing committee" means the listing committee appointed under the Liquor Distribution Act;
"minor" means a person under the age of majority established by the Age of Majority Act;
"officer" means an officer of the branch appointed under section 4;
"off premises sale" means sale of packaged liquor to be consumed in a place other than the premises where it was sold;
"products" means goods or articles other than liquor;
"public place" includes
(a) a place, building, passenger conveyance, boat or land to which the public resort or are permitted access; and
(b) a motor vehicle located on land to which the public resort or are permitted access;
"pure grain alcohol" means absolute alcohol manufactured from grain;
"residence" means
(a) a building or part of it, or a trailer, camper, manufactured home, tent or vessel that is bona fide and actually occupied and used by the owner, lessee or tenant solely as a
(i) private dwelling;
(ii) private guest room in a hotel, motel, auto court, lodging house, boarding house or club; or
(iii) private summer dwelling, or a private dwelling or living place used during vacation periods or private lodge; or
(b) a building or part of it for the time being designated by the general manager in a permit or other document as a private dwelling,
together with the land appurtenant to it that is essential or appropriate for the convenient use, occupation and enjoyment of a private dwelling or private summer dwelling;
"sale" includes
(a) exchange, barter and traffic;
(b) selling, supplying or distributing liquor by any means; and
(c) a sale or selling in the Province to a foreign consignee or his agent in the Province;
"store manager" has the meaning assigned to it in the Liquor Distribution Act;
"veterans' club" means
(a) The Royal Canadian Legion;
(b) Army, Navy, and Air Force Veterans in Canada;
(c) War Amputations of Canada;
(d) The Royal Canadian Air Force Association;
(e) a chartered branch of an organization listed in paragraph (a), (b), (c) or (d) which is in good standing with the central organization;
(f) British Ex-Servicemen's Association of Vancouver; or
(g) The Royal Canadian Naval Association;
"weapon" means anything used or intended for use
(a) in causing death or injury to persons whether designed for that purpose or not, or
(b) for the purpose of threatening or intimidating any person.
Historical Note(s): 1975-38-1; 1977-39-1; 1980-23-1; 1980-50-51, effective May 17, 1980; 1982-68-35, proclaimed effective December 1, 1982; 1986-5-9, effective July 25, 1986 (B.C. Reg. 178/86); 1988-43-1; 1990-53-12.
2. (1) The Liquor Control and Licensing Branch, as established in the ministry of the minister, is continued.
(2) The branch may grant licences and permits to purchase liquor from the Liquor Distribution Branch for resale and reuse in accordance with this Act and the Liquor Distribution Act.
Historical Note(s): 1975-38-2; 1977-75-1; 1988-43-2.
3. (1) The minister, pursuant to the Public Service Act, shall appoint a general manager of the branch and fix his remuneration.
(2) The general manager shall administer this Act and supervise all licensed establishments and manufactories of liquor, subject to the orders, directions and supervision of the minister.
Historical Note(s): 1975-38-3.
4. (1) Officers and other employees required for the purposes of this Act may be appointed pursuant to the Public Service Act.
(2) The general manager shall issue written directives to the officers, and a directive affecting the public shall be made available for public inspection at the offices of the branch.
Historical Note(s): 1975-38-4.
4.1 No person who is or has been
(a) an employee of the branch, or
(b) engaged in the administration of this Act or the regulations
shall be compelled to disclose any information contained in records of the branch, respecting a licensee or an applicant for a licence, except
(c) where the disclosure is necessary to administer this Act or the business of the branch,
(d) where the disclosure is made with the consent of the licensee or applicant to whom the record relates,
(e) in court proceedings, or
(f) where the general manager authorizes disclosure.
Historical Note(s): 1980-23-2.
5. The general manager shall, subject to this Act and regulations,
(a) issue, renew, amend, transfer, suspend or cancel licences as provided by this Act and regulations;
(b) specify which regulations apply to a licence so granted;
(c) supervise the conduct and operation of licensed establishments;
(d) grant licences to all breweries, wineries and distilleries manufacturing in the Province;
(e) appoint or designate any person he considers advisable as an analyst for the purposes of this Act;
(f) authorize officials to issue licences and permits under this Act; and
(g) perform all other acts required to properly and efficiently administer his responsibilities as defined by the minister and under this Act and regulations.
Historical Note(s): 1975-38-5; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1988-43-3.
6. (1) On application in the prescribed form, a store manager or an officer authorized by the general manager to issue a special occasion licence for selling or serving liquor at designated establishments for special occasions as provided by the regulations shall, on payment of the prescribed fee by the applicant, issue a licence entitling him to sell or serve liquor for the purpose named in the licence and in accordance with its terms and this Act and regulations.
(2) No licence shall be issued for the prime purpose of making a profit, unless the general manager is satisfied that the purpose of the special occasion is to raise funds for a bona fide charitable purpose, and the general manager may delegate to a store manager or other employee authority to decide, subject to the directions of the general manager, whether or not a fund raising organization and its charitable purposes are bona fide.
(3) Where, in the general manager's opinion or in the opinion of a peace officer, there is a breach of this Act or regulations, or of a federal, Provincial or municipal enactment relating to the sale, purchase or consumption of liquor, the general manager or the peace officer may cancel a licence issued under this section.
(4) The store manager shall send a copy of every licence issued under this section to the chief constable in the jurisdiction where the designated establishment is located.
Historical Note(s): 1975-38-6; 1988-43-4.
7. No person shall purchase pure grain alcohol except
(a) a pharmacist, who may purchase and have in his possession the prescribed amount purchased by him for use solely in connection with his pharmacy business in compounding medicines or as a solvent or preservative, or for sale to physicians and hospitals as a sterilizing agent;
(b) a body referred to in section 8 (3) of the Liquor Distribution Act; or
(c) a person referred to in section 8.
Historical Note(s): 1975-38-7; 1988-43-5.
8. On application, the general manager may issue
(a) a person engaged in the Province in a mechanical or manufacturing business or scientific pursuit requiring the use of pure grain alcohol; or
(b) a person who proposes to use pure grain alcohol for a purpose that is, in the opinion of the general manager, not contrary to the public interest,
a permit to purchase pure grain alcohol which shall stipulate the maximum quantity that may be purchased or kept in possession.
Historical Note(s): 1975-38-8; 1988-43-6.
9. (1) A person in charge of a hospital within the meaning of the Hospital Act, or a community care facility within the meaning of the Community Care Facility Act, may administer liquor to a patient or resident in the institution either as a beverage or otherwise and may charge for the liquor so administered, but no liquor shall be administered under this section except to actual patients or residents of the institution of which he is in charge.
(2) A person who administers liquor in violation of this section commits an offence.
Historical Note(s): 1975-38-9.
10. (1) For the purposes of this Act, the Province is one licensing area.
(2) A licence shall not be issued for an establishment unless, where the general manager requires it,
(a) the applicant has given, in a form and manner approved by the general manager, reasonable notice of the application and the nature of the licence sought to residents of an area specified by the general manager; and
(b) the general manager has considered the views of those residents which may be in the form of
(i) a resolution of a municipal council or regional district board;
(ii) public response to the notice under paragraph (a);
(iii) a petition signed by those residents; or
(iv) a referendum of the opinion of those residents
or a combination of these that the general manager directs.
(3) Where, under subsection (2), the general manager has directed that
(a) a petition be circulated; or
(b) a referendum be held;
he shall not further consider the application unless 60% of the residents in the specified area who vote or sign the petition favour granting the licence.
(3.1) A referendum may be carried out in a manner required by the general manager.
(4) No proceedings shall be taken by an applicant under subsection (2) unless
(a) he has notified the general manager in writing of the category and location of the proposed establishment; and
(b) the general manager approves in writing the location for that category of establishment.
(5) An approval under subsection (4) (b) is personal to the applicant, and no other applicant may proceed on the basis of it without the approval of the general manager.
Historical Note(s): 1975-38-10; 1977-39-2; 1980-23-3; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
11. (1) The general manager, having regard for the public interest, may, on application, issue a licence for the sale of liquor.
(2) The general manager may, in respect of any licence that has been issued, impose, in the public interest, terms and conditions
(a) that vary the terms and conditions to which the licence is subject under the regulations, or
(b) that are in addition to those referred to in paragraph (a),
and, without limiting the generality of that, the terms and conditions may
(c) limit the type of liquor to be offered for sale,
(d) designate the areas of an establishment, both indoor and outdoor, where liquor may be sold and served,
(e) limit the days and hours that an establishment is permitted to be open for the sale of liquor,
(f) designate the areas within an establishment where minors are permitted,
(g) approve, prohibit or restrict games and entertainment in an establishment,
(h) exempt a class of licensee from requirements with respect to serving food and non-alcoholic beverages in an establishment,
(i) vary seating requirements in the dining area of an establishment,
(j) vary requirements with respect to the location of an establishment, and
(k) exempt a class of licensee from requirements with respect to marine facilities where liquor is sold.
(3) A licence expires on the date specified on it as the expiry date.
(4) The general manager may, on application by a licensee, amend the terms of, renew or transfer a licence.
(5) Where the general manager, following application, refuses to issue, amend the terms of, renew or transfer a licence, he shall give to the applicant or licensee written reasons for his decision.
Historical Note(s): 1988-43-7.
11.1 (1) The general manager shall not issue, transfer or renew a licence in a prescribed category unless the applicant or licensee to whom the licence will be issued, transferred or renewed satisfies the general manager that he has successfully completed a prescribed training program.
(2) Where the applicant or licensee is a corporation, the condition set out in subsection (1) is met if the prescribed training program is successfully completed by a director, officer or employee of the corporation who will have responsibility for controlling the sale of liquor.
(3) A person shall not manage a licensed establishment unless he has successfully completed a prescribed training program.
(4) A person shall not serve liquor in a licensed establishment unless he has successfully completed a prescribed training program.
Historical Note(s): 1988-43-8.
14. Subject to the regulations, a licensee may apply to the general manager for the privilege of off premises sale of liquor, and if satisfied that public need and convenience would be served, the general manager may so endorse the licence.
Historical Note(s): 1975-38-14.
15. (1) An application for a new licence or a renewal, transfer or amendment of a licence shall be in the prescribed form, accompanied by the prescribed fee.
(2) A person applying for the issue, renewal, transfer or amendment of a licence, who fails to disclose a material fact required by the form of application or makes a false or misleading statement in the form of application, commits an offence.
Historical Note(s): 1975-38-15; 1980-23-6; 1988-43-10.
16. (1) A licence shall not be issued, renewed or transferred to a person who
(a) in the general manager's opinion is not a fit and proper person, or is not the owner of the business carried on at the establishment for which the licence is sought, and, in deciding if a person is fit and proper, consideration shall be given to convictions in the preceding 3 years under the laws of Canada or any province or the bylaws of a municipality or regional district in the Province; or
(b) is disqualified under this Act or regulations or has not complied with their requirements.
(2) A licence shall not be issued, renewed or transferred where, in the general manager's opinion, it would be contrary to the public interest; and, without limiting the generality of the foregoing, the general manager shall consider whether
(a) the applicant is the holder of, has an interest in or is applying for another licence under this Act; or
(b) the applicant is qualified under this Act or regulations or has complied with their requirements.
(3) A licence shall not be issued, renewed or transferred except to
(a) a person who is a resident, normally resides in the Province and is not a minor;
(b) a partnership, of which each member is a resident, normally resides in the Province and is not a minor; or
(c) a corporation whose agent or manager selected by the corporation to carry on its business in the licensed establishment is a resident, normally resides in the Province and is not a minor.
Historical Note(s): 1975-38-16; 1977-39-5.
17. (1) A licensee shall not allow another person to use his licence without having first obtained the written approval of the general manager.
(2) The general manager may grant the approval under subsection (1) subject to any conditions that he considers necessary or advisable, and he may amend or cancel those conditions at any time.
Historical Note(s): 1988-43-11.
18. (1) A licence shall not be issued, renewed or transferred
(a) to a person who has agreed or arranged with another to sell the liquor of a manufacturer to the exclusion of the liquor of another manufacturer; or
(b) to a liquor manufacturer or his agent, or a person who is so associated with, connected with or financially interested in them, that it is likely to promote the sale of liquor for that manufacturer or person.
(2) Where either of the conditions referred to in subsection (1), whether or not it existed at the time of the issue of the licence or arises after, is not disclosed to the general manager, the failure to disclose is an offence; and no action or other proceeding shall be brought or commenced in a court in the Province in respect of an agreement, arrangement, concession, obligation, undertaking or interest referred to in subsection (1).
(2.1) Subsections (1) and (2) do not apply to a person who operates, in accordance with the regulations, a brew pub or an establishment licensed under section 11 operated in conjunction with a brew pub with respect to beer and malt liquor manufactured on the premises.
(3) [Repealed 1980-23-7.]
Historical Note(s): 1975-38-18; 1977-39-6; 1980-23-7; 1989-53-8.
19. (1) The directors, officers or employees of a corporation that applies for the issue, renewal or transfer to it of a licence shall, at the time of making the application or at other times during the term of the licence, when ordered by the general manager, produce particulars of the officers and shareholders of the corporation as the general manager requires.
(2) The general manager may require a corporation that holds a licence to submit to the general manager for approval a transfer of shares of its capital stock. No transfer of shares shall be completed before the approval has been given, and any transfer made without approval is void.
Historical Note(s): 1975-38-19; 1977-39-7; 1988-43-12.
20. (1) Notwithstanding this Act, the general manager may, with or without a hearing, restrict the scope and effect of a licence by imposing conditions on a licence or by suspending or cancelling all or part of a licence for
(a) the licensee's failure to comply with the requirements of this Act or regulations;
(b) conviction of the licensee of an offence under the laws of Canada or the Province or the bylaws of a municipality or regional district, where the offence relates to the licensed establishment or the conduct of it;
(c) persistent failure to keep the licensed establishment in a clean and orderly fashion;
(d) the existence of a circumstance which, under section 16, would prevent the issue of a licence; or
(e) suspension or cancellation of a licence, permit or certificate necessary for the operation of the licensed establishment by a municipal, regional or Provincial authority.
(2) The general manager may suspend a licence at any time, but, if a suspension is for more than 3 business days, it shall not take effect until after the prescribed appeal period has expired and no appeal has been filed or the appeal is disposed of, whichever is later.
(3) The general manager shall suspend or cancel a licence held by a person who has been convicted of an offence against those of the laws of Canada or the Province prescribed by regulation or who has been convicted of an offence against this Act where he committed the offence within 3 years after being convicted of a previous offence against this Act.
Historical Note(s): 1975-38-20; 1977-39-8; 1988-43-13.
21. On application to the general manager by a person residing in a municipality or regional district in which a licensed establishment is situated for the cancellation or suspension of a licence, the general manager may, if he is satisfied that a prima facie case for cancellation or suspension has been made out, require the licensee to show the general manager why the licence should not be cancelled or suspended.
Historical Note(s): 1975-38-21.
22. (1) On consideration of an application for suspension or cancellation under section 21, the general manager may dismiss the application or make an order he considers proper, which may
(a) suspend the licence for a definite or indefinite period;
(b) cancel the licence;
(c) disqualify the person from holding a licence;
(d) disqualify an establishment of the licensee from being a licensed establishment; or
(e) impose conditions on the licensee the general manager considers appropriate.
(2) Where the general manager
(a) refuses to issue a licence;
(b) restricts a licence;
(c) refuses to transfer a licence;
(d) suspends a licence; or
(e) cancels a licence,
he shall, at the request of the applicant or licensee, give written reasons for the decision.
Historical Note(s): 1975-38-22.
23. (1) A licence shall not be transferred or otherwise dealt in or disposed of without written consent of the general manager.
(2) Where a licensee dies or becomes bankrupt, the heirs, executors, administrators or successors have the powers and obligations of the licensee until the licence expires, and the general manager may renew the licence for one year in the name of the heir, executor, administrator or successor.
(3) A licence is not transferable from one establishment to another or from one area in an establishment to another without written consent of the general manager.
Historical Note(s): 1975-38-23.
24. (1) Where in a licensed establishment the conduct of the licensee's patrons or employees is of a riotous, boisterous, drunken or disorderly nature, the general manager may without a hearing suspend the licence and order the immediate removal of patrons and closure of the premises for a period not exceeding 24 hours.
(2) The general manager may delegate to specified officers and peace officers authority to exercise the powers under subsection (1).
Historical Note(s): 1975-38-24.
25. A licence issued to a club is void if the club ceases to exist, and the general manager may determine whether a club has ceased to exist for the purposes of this Act.
Historical Note(s): 1975-38-25.
26. A club holding a licence shall sell liquor only to an actual member of or an actual guest of a member of the club.
Historical Note(s): 1975-38-26.
27. (1) A club holding a licence shall keep a visitors' register, as prescribed, in which shall be entered the name and address of each guest entering the club establishment, the name of the member introducing the guest and the date.
(2) A person who is not
(a) a member or employee of the club; or
(b) a guest of a member whose name as guest is registered in the visitors' register,
shall not be permitted to be or remain in a part of the club where liquor is being sold, served or consumed.
Historical Note(s): 1975-38-27.
28. Where a club, recreational centre, community centre or municipal or Provincial cultural centre is a licence holder
(a) the general manager may direct that the licence shall entitle the members of the club to keep on the club establishment a reasonable quantity of liquor for personal consumption on the club establishment; and
(b) the general manager may authorize the sale of liquor for consumption by members and their guests
(i) on the premises elsewhere than in that portion of the establishment covered by the licence; or
(ii) off the premises.
Historical Note(s): 1975-38-28; 1977-39-9.
29. On suspension or cancellation by the central organization of a veterans' club of the charter of a branch of that veterans' club holding a licence, the licence held by that branch is void.
Historical Note(s): 1975-38-29.
30. A chartered branch of a veterans' club is not entitled to apply for, obtain or hold a licence while not in good standing with the central organization.
Historical Note(s): 1975-38-30.
30.1 (1) A Liquor Appeal Board is established consisting of a chairman and other members the Lieutenant Governor in Council may appoint.
(2) The chairman and the members of the appeal board shall
(a) serve at the pleasure of the Lieutenant Governor in Council,
(b) receive the remuneration fixed by the Lieutenant Governor in Council, and
(c) be paid reasonable expenses incurred in carrying out their duties as members of the appeal board.
(3) The chairman of the appeal board may designate one member as vice chairman.
(4) The appeal board shall hear and determine any matter appealed under section 31.
(5) The chairman of the appeal board may establish one or more panels of the appeal board, each consisting of one or 3 members of the appeal board, as the chairman considers advisable, to hear any matter that is before the appeal board, and where a panel is established,
(a) the chairman shall appoint one of the members of the panel to preside at meetings of the panel, and
(b) the panel has the jurisdiction of the appeal board with respect to matters under this Act that come before the appeal board.
(6) The appeal board and each member of it has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(7) The appeal board or a panel of it
(a) shall send written decisions and written reasons for its decisions to all parties to the appeal, and
(b) has the power to assess the costs of a proceeding under section 31 and may order any party to the proceeding to pay to the appeal board all or a portion of those costs.
(8) Costs ordered under subsection (7) (b) may be recovered as a debt owing to the appeal board and, when collected, are payable into the consolidated revenue fund.
(9) An appeal from a decision or order of the appeal board lies to the Court of Appeal with leave of a justice of the Court of Appeal.
(10) The appeal board may establish rules, practices and procedures, not inconsistent with any regulations made under section 84 (2) (l), to be followed by the appeal board in performing its duties and functions and exercising its powers.
Historical Note(s): 1988-43-14; 1989-53-9.
31. (1) Except as provided in subsection (2) or (2.1), or in another provision of this Act or the Liquor Distribution Act, the action, order or decision of the general manager or any of his officers or employees as to a matter in respect of which a power, authority or discretion is conferred on him under this Act or the regulations is final, and shall not be questioned, reviewed or restrained by a proceeding under the Judicial Review Procedure Act.
(2) An applicant for a licence or a licensee aggrieved by an action, order or decision of the general manager
(a) to refuse to issue, renew, amend or transfer a licence,
(b) to impose restrictions on a licence,
(c) to suspend or cancel a licence, or
(d) not to return seized liquor under section 69 (3),
may appeal to the appeal board.
(2.1) A person having a relevant interest in and being aggrieved by an action, order or decision of the general manager may appeal to the appeal board.
(2.2) An appeal under subsection (2) or (2.1) shall be brought by delivering written notice of appeal to the appeal board within 30 days after the date of the action, order or decision of the general manager.
(2.3) [Repealed 1990-58-14.]
(3) If the general manager fails to take an action or make an order or decision requested by a person and authorized under this Act or regulations,
(a) that person may request in writing that the general manager take the action or make the order or decision;
(b) if no action is taken or order or decision made within 14 days after the request is mailed or delivered, the person shall, for the purpose of an appeal, be deemed to be a person aggrieved by an action, order or decision; and
(c) the date of the action, order or decision shall be deemed to be the 14th day after the request is mailed or delivered.
(4) [Repealed 1988-43-15.]
(5) to (10) [Repealed 1982-68-36, proclaimed effective December 1, 1982.]
Historical Note(s): 1975-38-36(1 to 9); 1977-39-11 to 13; 1982-68-36, proclaimed effective December 1, 1982; 1988-43-15; 1990-58-14.
33. (1) A general manager or other officer or employee of the branch shall not solicit or receive, directly or indirectly, a commission, remuneration or gift from a person who has sold, is selling or is offering for sale liquor or other products or services offered for purchase, or purchased, by the branch.
(2) A person selling or offering for sale liquor or other products or services to, or purchasing liquor or other products or services for resale or reuse from, the Liquor Distribution Branch or the general manager shall not, either directly or indirectly, offer to pay a commission, profit or remuneration or make a gift to the general manager or an officer or employee of the branch.
Historical Note(s): 1975-38-38; 1977-39-15; 1986-5-10, effective July 25, 1986 (B.C. Reg. 178/86).
35. (1) No person shall
(a) sell, give or otherwise supply liquor to a minor,
(b) have liquor in his possession for the purpose of selling, giving or otherwise supplying it to a minor, or
(c) in or at a place under his control, permit a minor to consume liquor.
(2) Subsection (1) does not apply where liquor is
(a) given to a minor by his parent, spouse or guardian in a residence for consumption in the residence,
(b) administered to a minor by or under the authority of a medical practitioner or dentist for medicinal purposes, or
(c) given or otherwise supplied to a minor in accordance with the regulations.
(3) A person has liquor in his possession when he has it in his personal possession or knowingly
(a) has it in the actual possession or custody of another person, or
(b) has it in or at a place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or another person.
(4) Where one of 2 or more persons, with the knowledge and consent of the rest, has liquor in his possession, it shall be deemed to be in the possession of each of them.
(4.1) It is a defence to a charge under this section if the defendant satisfies the court that, in reaching the conclusion that the person was not a minor, the defendant
(a) required that the person produce identification, and
(b) examined and acted on the authenticity of the identification.
(5) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than $500.
Historical Note(s): 1981-21-32, proclaimed effective August 21, 1981; 1988-43-17.
36. (1) A minor who purchases or consumes liquor on a licensed establishment, except as provided by this Act and regulations or the Liquor Distribution Act, commits an offence and is liable on conviction to a fine of not less than $100.
(2) A minor who, without lawful reason or excuse, enters or is found in a liquor store, or in that part of a licensed establishment where he is not permitted by the regulations, commits an offence and is liable on conviction to a fine of not less than $100.
(3) A minor who, without lawful reason or excuse, has liquor in his possession commits an offence.
Historical Note(s): 1975-38-41.
37. No person who holds a licence under this Act or who sells liquor under the Liquor Distribution Act, or his employee, shall authorize or permit a minor to enter on or to be on premises where liquor is sold or kept for sale except
(a) where the minor is accompanied by a parent or guardian on premises where liquor is sold exclusively for consumption off the premises,
(b) with lawful excuse, or
(c) in prescribed circumstances.
Historical Note(s): 1988-43-18.
38. (1) A person holding a licence or his employee shall not authorize or permit in the licensed establishment
(a) gambling, drunkenness or violent, quarrelsome, riotous or disorderly conduct;
(b) a person of notoriously bad character to remain; or
(c) a device used for gambling to be placed, kept or maintained.
(2) In this section "gambling" does not include anything done under the authority of
(a) a licence issued pursuant to section 190 (1) (b) or (f) of the Criminal Code, or
(b) an enactment referred to in section 190 (1) (a) of the Criminal Code.
(3) An activity permitted under the authority referred to in subsection (2) may be restricted, cancelled or prohibited in a licensed establishment by order of the general manager.
Historical Note(s): 1975-38-43; 1986-5-11, effective August 15, 1986 (B.C. Reg. 189/86); 1988-43-19.
39. A licensee who installs a breathalizer machine is not liable if the machine malfunctions or is misinterpreted, provided he does not aid in its operation or interpret its results.
Historical Note(s): 1975-38-44.
40. (1) Except as provided in this Act, the Liquor Distribution Act or the regulations under them, no person shall, by himself, his clerk, employee or agent, keep for sale, sell or in consideration of the purchase or transfer of property for other consideration give liquor to another person.
(2) Notwithstanding subsection (1), a delivery service may purchase liquor on behalf of a customer during the days and hours for sale of liquor prescribed in that area and deliver the liquor to the customer, if the charge for the liquor is no more than the liquor store price plus the delivery service charge.
(3) No licensee shall sell liquor except
(a) liquor purchased from the Liquor Distribution Branch; and
(b) in accordance with this Act, the regulations and the terms and conditions of the licence.
Historical Note(s): 1975-38-45; 1977-39-15A,16.
41. Except as provided in this Act, the Liquor Distribution Act or the regulations under them, no person shall, by himself, his clerk, employee or agent, purchase or in consideration of the sale or transfer of any property or for other consideration take liquor from another person.
Historical Note(s): 1975-38-46.
42. (1) Except for liquor purchased and consumed in accordance with a licence permitting consumption in a public place, no person shall consume liquor in a public place.
(2) Notwithstanding subsection (1), but subject to terms and conditions approved by the general manager not inconsistent with this Act and regulations, a public beach, public park or public campground, or part of it, may be designated by
(a) an order of the government of Canada or of the Province, or
(b) a bylaw of a municipality or regional district
having jurisdiction over it as a place where liquor may be consumed.
(3) Where a place is designated under subsection (2), subsection (1) does not apply to it.
(4) This section does not affect section 43, and subsection (2) does not apply to an offence under section 43.
Historical Note(s): 1975-38-47; 1977-39-17; B.C. Reg. 92/79; 1988-43-20.
43. (1) A person who is intoxicated shall not be or remain in a public place; and a person who contravenes this section commits an offence.
(2) A peace officer may arrest, without a warrant, a person so found.
Historical Note(s): 1975-38-48.
44. A person shall not consume liquor in a liquor warehouse, distillery, winery, brewery, liquor store or agency store, except as this Act provides, or as authorized by the general manager of the Liquor Distribution Branch.
Historical Note(s): 1975-38-49; 1986-5-12, effective July 25, 1986 (B.C. Reg. 178/86).
45. (1) A person shall not sell or give liquor to an intoxicated person or a person apparently under the influence of liquor.
(2) A licensee or his employee shall not permit
(a) a person to become intoxicated, or
(b) an intoxicated person to remain in that part of a licensed establishment where liquor is sold, served or otherwise supplied.
Historical Note(s): 1975-38-50; 1977-39-18; 1988-43-21.
45.1 (1) In this section
"motor vehicle" has the meaning assigned to it in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act;
"motor home" has the meaning assigned to it in the Motor Vehicle Act.
(2) Subject to subsection (3), no person shall 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.
(3) Subsection (2) does not apply
(a) where the liquor is in a container that is unopened and has an unbroken seal,
(b) where the liquor is being transported or used in accordance with a licence issued under this Act, or
(c) in any other case, where
(i) the motor vehicle is a motor home and the liquor is kept in a cabinet away from the driver's area,
(ii) the motor vehicle is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,
(iii) the motor vehicle is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,
(iv) the motor vehicle is a motorcycle and the liquor is not readily accessible to the operator, or
(v) the motor vehicle is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.
Historical Note(s): 1992-32-18.
46. (1) A person shall not offer or give or agree to offer or give and a licensee or his employee shall not demand, accept or receive or agree to accept or receive money, gifts, reward or remuneration, directly or indirectly, for promoting, inducing or furthering the sale of a particular kind, class or brand of liquor.
(2) A licensee or his employee shall not induce, further or promote the sale of a particular kind, class or brand of liquor.
Historical Note(s): 1975-38-51; 1988-43-22.
47. (1) A licensee or his employee may
(a) request a person to leave; or
(b) forbid a person to enter
a licensed establishment if for any reason he believes the presence of that person in the licensed establishment is undesirable or that person is intoxicated; but in reaching that opinion, he shall not contravene the Human Rights Act.
(2) A person shall not
(a) remain in a licensed establishment after he is requested to leave by the licensee or his employee;
(b) enter a licensed establishment within 24 hours after the time he was requested to leave the licensed establishment by the licensee or his employee; or
(c) without lawful excuse, the proof of which lies on him, possess a knife, firearm or weapon in a licensed establishment.
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine of not less than $500.
(4) A peace officer may arrest, without warrant, a person contravening or suspected of contravening subsection (2).
Historical Note(s): 1975-38-52; 1977-39-19; 1980-23-9; 1983-20-33, effective December 23, 1986 (B.C. Reg. 295/86); 1988-43-23.
47.1 (1) A licensee or his employee shall not permit a person to enter, or if he has already entered, to remain in, a licensed establishment where the licensee or his employee knows that the person has, without lawful excuse, a knife, firearm or weapon in his possession.
(2) In this section and in section 47 (2) (c),
(a) lawful excuse does not include possession for self protection, and
(b) knife does not include cutlery provided by a licensee or his employee for the purpose of food services.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than $500.
Historical Note(s): 1988-43-24.
48. (1) A person who contravenes a provision of this Act or regulations commits an offence.
(2) If the person convicted of an offence is a corporation, it is, for a first offence, liable to a fine of not less than $1,000 and not more than $2,000, and, for a second or subsequent offence, to a fine of not less than $2,000 and not more than $10,000.
(3) A person who is convicted of an offence under section 40 (1) is, for a first offence, liable to a fine of not less than $1 000 and not more than $2 000 and, for a second or subsequent offence, to a fine of not less than $2 000 and not more than $10 000.
(4) Subject to the minimum and maximum fines referred to in subsection (3), section 4 of the Offence Act continues to apply to a person who is convicted of an offence under section 40 (1) of this Act.
Historical Note(s): 1975-38-53; 1989-53-10.
49. (1) Except as permitted by regulation, a sign shall not be erected on or in a building or land, and an owner or occupier of a building or land shall not permit a sign to be erected, advertising liquor, a brand of liquor or the name of the manufacturer of liquor; but a brewer, distiller or operator of a winery may maintain a sign on a brewery, distillery, winery or liquor warehouse owned or leased by him, to advertise his business.
(2) The holder of a licence may maintain in or on the outside of the establishment specified in the licence a sign displaying the name of the establishment and the fact that the establishment is licensed under this Act, provided the sign complies with municipal bylaws and is approved by the general manager, and no other signs shall be displayed inside or outside the establishment unless they are approved by the general manager.
(3) A licensed establishment offering entertainment shall at the entrance to the licensed establishment post a notice in the form approved by the general manager as to the type of entertainment being performed in it, to inform the public of the nature of the entertainment.
Historical Note(s): 1975-38-54; 1988-43-25.
50. (1) Where entertainment is permitted under the regulations or the terms and conditions of a licence, a municipality or regional district may restrict or prohibit any or all of the types of entertainment permitted.
(2) Without limiting the generality of section 11 the general manager may, at the time of the issue of a licence or at any time during its currency, impose as a condition of it the restrictions and limitations that he considers necessary on any type or form of entertainment performed or carried on in the establishment for which the licence is issued.
Historical Note(s): 1977-39-20; 1988-43-26.
51. (1) A person shall not canvass for, solicit, receive or take orders for the purchase or sale of liquor, or act as agent for its purchase or sale, except as provided by this Act and regulations.
(2) Except as provided in the regulations, a person shall not
(a) exhibit or display; or
(b) permit to be exhibited or displayed;
an advertisement or notice respecting liquor
(c) by an electric, illuminated or other sign, contrivance or device; or
(d) on a building, hoarding, signboard, billboard, vehicle or other place in public view.
(3) A person shall not publish, broadcast, distribute or display a sign, advertisement, notice, circular, letter, poster, handbill, card or price list
(a) naming, representing, describing or referring to liquor, or to the qualities or quantities of a liquor;
(b) giving the name or address of a person manufacturing or dealing in liquor; or
(c) stating or indicating where liquor may be obtained or purchased,
except as provided by the regulations.
(4) This section does not apply to
(a) agents dealing in liquor with this branch or the Liquor Distribution Branch;
(b) the receipt or transmission of a telegram or letter by a telecommunication agent or post office employee in the ordinary course of his employment as an agent or employee; or
(c) advertising liquor in a bona fide newspaper or periodical in the Province by a person who sells liquor to the Liquor Distribution Branch; but no person shall print, publish, sell, distribute or circulate advertising under this subsection unless it has been approved by the general manager.
(5) The general manager may approve brochures, business cards, letterheads and other material he considers informational or educational, but not promotional.
(6) This section ceases to operate to the extent that it conflicts with or is inconsistent with legislation enacted by the Parliament of Canada for the control and regulation of liquor advertising.
Historical Note(s): 1975-38-55.
52. (1) A person shall not act as an agent unless he holds a valid and subsisting agent's licence.
(2) An agent's licence may be obtained from the general manager on payment of the prescribed fee.
(3) A liquor manufacturer or agent shall not give liquor to a person, except as provided in this Act and regulations.
(4) An agent licensed under this Act shall record all liquor coming into his possession and its disposal, as specified by the general manager, and shall make the record available for inspection on request of the general manager.
(5) An agent may deliver samples of the product of the manufacturer or importer he represents to potential customers, but an agent shall not give a person more than the prescribed amount.
(6) An agent who contravenes this section commits an offence and, if convicted, shall have his licence suspended by the general manager for a period not exceeding one year.
Historical Note(s): 1975-38-56; 1977-39-21,22; 1988-43-27.
53. (1) A brewery, winery or distillery may open its premises to the public for informational tours, and may apply to the general manager to designate an area as a sampling room in which it may present to the public samples of its products to taste, without charge.
(2) A brewery, winery or distillery licensed under this Act may apply to the general manager for permission to conduct tasting to acquaint the public with its products and, where the place and circumstances of the proposed tasting appear reasonable to the general manager, he may grant permission by issuing a licence under section 6.
Historical Note(s): 1975-38-57; 1988-43-28.
54. A manufacturer or distributor of liquor may, subject to the approval of the general manager and to the conditions he imposes, sponsor under its name
(a) a sports event or competition;
(b) a cultural contest or event;
(c) programs for disabled or handicapped persons; or
(d) detoxification centres and research and education projects relating to moderation in the use of, or the abuse of, liquor.
Historical Note(s): 1975-38-58.
55. (1) A person shall not manufacture liquor in the Province, except in accordance with this Act and regulations.
(2) This section does not apply to a person producing or manufacturing wine, beer or cider for his own consumption.
Historical Note(s): 1975-38-59.
56. This Act does not prevent a brewer, distiller or other person licensed by the government of Canada for the manufacture of liquor from
(a) having or keeping liquor in a place and manner authorized under an Act of Canada; or
(b) selling to a manufacturer in bond, duly licensed by the government of Canada, liquor required by the manufacturer for the manufacture of products permitted under his licence,
where the general manager has consented in writing to the issue of the licence to the manufacturer in bond, and the liquor sold to him does not contain less than 85.59% by volume of absolute alcohol.
Historical Note(s): 1975-38-60.
57. (1) A distiller in the Province licensed by the government of Canada to manufacture or keep liquor in a place and manner authorized under an Act of Canada shall apply each year to the general manager for a separate licence authorizing the sale of liquor to the Liquor Distribution Branch, and shall pay the general manager a prescribed annual fee for the licence.
(2) A brewer in the Province licensed by the government of Canada to manufacture or keep malt liquor in a place and manner authorized under an Act of Canada shall apply each year to the general manager for a separate licence authorizing the sale of malt liquor to the Liquor Distribution Branch, and shall pay the general manager a prescribed annual fee for the licence.
(3) The applicant for a distiller's or brewer's licence must apply in the prescribed form and file it with the general manager, with the prescribed licence fee.
(4) On receipt of the application for a distiller's licence or brewer's licence, and the prescribed licence fee, the general manager shall issue a licence expiring on the date specified on it as the expiry date.
(5) A person engaged in or carrying on a business mentioned in subsection (1) or (2) who
(a) fails to apply for a licence under this section; or
(b) fails to pay the licence fee prescribed by this section for each distillery or brewery in the Province owned, occupied or used by him for his business
commits an offence and is liable on conviction to a fine of not less than the amount of the unpaid licence fees payable by him under this section, and a fine of $150 for every day that the default continues.
(6) All distillery and brewery premises shall at all reasonable times be open to inspection by an officer or peace officer to ascertain whether a contravention of this Act or regulations has taken place or is taking place in them.
(7) An officer may at all reasonable times examine the books of a distiller or brewer required to make returns by or under this Act, and may otherwise verify those returns.
(8) A person commits an offence who, being in or having charge of a distillery or brewery premises,
(a) refuses or fails to admit an officer or peace officer demanding to enter in the execution of his duty under this section;
(b) obstructs or attempts to obstruct the entry of an officer or peace officer;
(c) refuses to allow an officer to examine the books of the distillery or brewery; or
(d) refuses or neglects to make a return required by this Act or regulations.
Historical Note(s): 1975-38-61; 1977-39-23; RS1979-237-88, proclaimed effective August 21, 1980; 1988-43-30.
58. (1) Except as provided in section 55, a person who intends to produce or manufacture wine in the Province shall, before doing so, notify the general manager in writing, giving full particulars of
(a) the locality in which the wine is to be produced or manufactured;
(b) the kind of wine and the quantity to be produced or manufactured;
(c) the place the wine is to be stored or kept after production or manufacture; and
(d) the purpose for which the wine is intended;
and shall apply for a licence under this section in the form and manner prescribed by the regulations.
(2) On receipt of the notice and application and payment of a prescribed annual fee, the general manager may grant a licence for each winery, warehouse or place of business, authorizing the applicant to
(a) produce or manufacture the kind and quantity of wine set out in the licence;
(b) store and keep the wine in specified warehouses or storage places; and
(c) use the wine for the purposes set out in the licence; or
(d) sell the wine to a wine corporation in the Province engaged in the manufacture or production of wine that is approved by the general manager, which may purchase the wine.
(3) A licence granted under this section expires on the date specified on it as the expiry date.
(4) Wine manufactured, produced or purchased by a wine corporation approved by the general manager may be kept and stored in the warehouse of the wine corporation for sale to the Liquor Distribution Branch or for export from the Province.
Historical Note(s): 1975-38-62; 1977-39-24; 1988-43-31.
59. (1) This Act does not prevent a person from having or keeping liquor for export in his liquor warehouse or place of business, engaging in or carrying on the business of importing liquor from a place outside the Province or exporting liquor to a place outside the Province.
(2) A liquor warehouse or place of business in the Province occupied or used by a person for the purposes in subsection (1) shall be constructed and equipped in accordance with this Act and regulations and the Excise Act (Canada).
Historical Note(s): 1975-38-63; 1977-39-25.
60. (1) This Act does not apply to or prevent the sale, purchase or consumption of
(a) a pharmaceutical preparation containing liquor prepared by a pharmacist according to the formula of the British Pharmacopoeia, The British Pharmaceutical Codex, the Pharmacopoeia of the United States, the Dispensatory of the United States of America or Martindale's Extra Pharmacopoeia;
(b) a proprietary medicine under the Food and Drugs Act (Canada); or
(c) wood alcohol or denatured alcohol, unless the sale, purchase or consumption of wood alcohol or denatured alcohol is for beverage purposes, either alone or combined with another liquid or substance.
(2) This Act does not apply to or prevent the manufacture, sale, purchase or consumption of vinegar.
Historical Note(s): 1975-38-64.
61. This Act does not prevent a manufacturer in bond, licensed by the government of Canada, from purchasing in bond, direct from a distillery licensed by the government of Canada, liquor required by him for the manufacture of those preparations permitted under his licence, if the written consent of the general manager has been given to the issue of the licence to the manufacturer in bond, and the liquor so purchased does not contain less than 85.59% by volume of absolute alcohol.
Historical Note(s): 1975-38-65.
62. (1) Where a medicinal preparation contains liquor as one of its necessary ingredients, and also contains sufficient ingredient or medication to prevent its use as an alcoholic beverage, this Act does not apply to or prevent
(a) the compounding or sale of the medicinal preparation by a pharmacist if it is compounded from liquor purchased by the pharmacist under section 7 or pursuant to a permit held by him; or
(b) the purchase or consumption of the medicinal preparation by a person for strictly medicinal purposes.
(2) Notwithstanding subsection (1), and subject to the Pharmacists Act and the regulations under it, the general manager may direct the manner in which a medicinal preparation containing liquor sufficient to be used as an alcoholic beverage shall be sold, distributed and kept for sale.
(3) Where a toilet, confectionery, culinary, cleaning or disinfecting preparation contains liquor and also contains sufficient other ingredients or medication to prevent its use as an alcoholic beverage, this Act does not apply to or prevent the sale of that preparation to a person who purchases it for use as a toilet, confectionery, culinary, cleaning or disinfecting preparation or for resale for a similar purpose.
(4) To determine whether a medicinal, toilet, confectionery, culinary, cleaning or disinfecting preparation referred to in this section contains sufficient ingredients or medication to prevent its use as an alcoholic beverage, the general manager may cause a sample of the preparation purchased or obtained from a person to be analysed by an analyst appointed or designated by the minister for the purposes of this Act.
(5) Where a certificate purporting to be signed by the analyst referred to in subsection (4) shows that he finds the sample analysed by him does not contain sufficient ingredients or medication to prevent its use as an alcoholic beverage, that certificate is conclusive proof that the preparation is not a preparation the sale or purchase of which is permitted by this section, without proof of the signature or official position of the analyst by whom the certificate is made.
(6) A person who purchases or sells a preparation which is not a preparation permitted by this section to be purchased or sold commits an offence and, without limiting the liability of corporations under section 48, in the case of a purchase or sale by a natural person the liability on conviction shall be a fine of not less than $500.
Historical Note(s): 1975-38-66; 1977-39-26; 1988-43-32.
63. This Act does not affect the right of
(a) a minister of religion to import from outside the Province wine for consumption in the Province for sacramental purposes; or
(b) 2 or more ministers of religion to import jointly from outside the Province wine for consumption in the Province, to be kept in common stock, used, divided and distributed among them for sacramental purposes.
Historical Note(s): 1977-39-27.
64. Every provision of this Act that may affect transactions in liquor between a person in the Province and a person in another province or in another country or state shall be construed to affect those transactions so far only as the Legislature has power to make laws in relation to them.
Historical Note(s): 1975-38-68.
65. (1) Except in the case of
(a) liquor in the possession of or kept by a person in a place and manner referred to in section 56;
(b) liquor in the possession of or kept by a manufacturer in bond which he has purchased for the purposes and pursuant to section 61; or
(c) wine, beer or cider produced or manufactured by a person for his own consumption pursuant to section 55,
a person who keeps or has in his possession or under his control liquor not purchased from the Liquor Distribution Branch shall immediately report the liquor to the general manager in the prescribed form.
(2) The person referred to in subsection (1) shall pay the general manager an amount to be fixed by the general manager either by general order or by special order in a particular case, at the rates as will, in the opinion of the general manager, represent the amount of profit that would have accrued to the Crown from the liquor if it had been purchased from a liquor store, plus 10% of that amount.
(3) A person keeping or having in his possession or under his control liquor for which an amount is payable by him under subsection (2) who does not report it and pay the amount fixed by the general manager commits an offence; but nothing in this subsection or the enforcement of a penalty under it suspends or affects a remedy for the recovery of the amount imposed and payable under subsection (2).
Historical Note(s): 1975-38-69.
66. The amount imposed for licence fee under sections 57 and 58 and an amount fixed under section 65 are respectively in addition to all other taxes, for licence fees or otherwise, imposed under another Act and may be recovered by action in a court as for a debt due to the Crown.
Historical Note(s): 1975-38-70.
67. (1) A peace officer who, on reasonable and probable grounds, believes that liquor is, anywhere or on anyone, unlawfully possessed or kept, or possessed or kept for unlawful purposes may, subject to subsection (2), enter or search, or both, for the liquor where he suspects it to be, and may seize and remove liquor found and the packages in which it is kept.
(2) For the purposes of this section, a peace officer may without a warrant
(a) search any person, and
(b) enter or search, or both, anywhere except a residence.
(3) A person commits an offence who
(a) obstructs or attempts to obstruct an entry or search by a peace officer under this section, or
(b) refuses or fails to admit immediately a peace officer demanding entry anywhere pursuant to this section.
Historical Note(s): 1980-23-10.
67.1 (1) 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 residence liquor in respect of which an offence under section 35 (1) has been or is being committed may at any time issue a warrant under his signature authorizing a person named in it or a peace officer to enter and search the residence for the liquor, and to seize and remove liquor found and the packages in which it is kept.
(2) A search warrant issued under this section may be in the prescribed form.
Historical Note(s): 1981-21-33, proclaimed effective August 21, 1981.
68. (1) Where the officer or peace officer, in making or attempting to make a search under section 67 or 67.1 finds liquor that in his opinion is unlawfully possessed or kept, or possessed or kept for unlawful purposes, contrary to this Act or regulations, he may immediately seize and remove
(a) the liquor and the packages in which it is kept; and
(b) books or papers found in his search under section 67 or 67.1 which, in his opinion, will provide evidence of an offence against this Act.
(2) On conviction of a person under section 35 or of the owner or person in possession of the land or the occupant or person in charge of the vehicle, motor vehicle, vessel, boat, canoe or conveyance for a contravention of this Act or regulations, the liquor and the packages containing it are forfeited to the Crown in right of the Province.
Historical Note(s): 1975-38-73; 1977-39-29; 1981-21-34, proclaimed effective August 21, 1981.
69. (1) Where liquor is found by an officer or peace officer under circumstances that satisfy the officer or peace officer it is being possessed or kept contrary to this Act or regulations, the officer or peace officer may immediately seize and remove the liquor and the packages containing it, and shall retain the liquor and the packages to be dealt with under this Act.
(2) If within 30 days after the date of the seizure under subsection (1) no person by notice in writing filed with the general manager claims to be the owner of the liquor, the liquor and the packages containing it are forfeited to the Crown in right of the Province, and shall be
(a) destroyed or otherwise disposed of as the minister may direct; or
(b) delivered without delay to the general manager of the Liquor Distribution Branch.
(3) If, within the 30 days referred to in subsection (2), a person applies to the general manager claiming to be the owner of the liquor, the general manager may, within 30 days after receiving notice of the claim, on being satisfied of the person's claim, return the seized liquor to the owner.
(4) and (5) [Repealed 1980-23-11.]
Historical Note(s): 1975-38-74; 1977-39-30; 1980-23-11.
70. (1) Where a justice makes an order for forfeiture of liquor under this Act, or a claimant to liquor under section 69 fails to establish his claim and right to possession of liquor, the liquor and the packages containing it shall be
(a) destroyed or otherwise disposed of as the minister directs; or
(b) delivered without delay to the general manager of the Liquor Distribution Branch.
(2) Where, pursuant to subsection (1) or section 69 (2) (b), liquor is delivered to the general manager of the Liquor Distribution Branch that he finds suitable for sale in the liquor stores, he shall advise the minister of its value and it shall be taken into stock by the general manager of the Liquor Distribution Branch and sold under this Act, and the proceeds after deducting the amount required to reimburse the general manager for expenses necessarily incurred for transporting the liquor to the government liquor warehouse shall be paid to the Minister of Finance.
(3) Liquor delivered to the general manager of the Liquor Distribution Branch pursuant to subsection (1) or section 69 (2) (b) that he finds to be unsuitable for sale in liquor stores shall be destroyed under competent supervision and as directed by the minister.
Historical Note(s): 1975-38-75.
71. Where liquor is seized by a peace officer, his chief constable or the officer in charge of his detachment shall immediately report in writing to the general manager the particulars of the seizure.
Historical Note(s): 1975-38-76.
72. (1) To obtain information respecting the administration or enforcement of this Act or regulations, the general manager or a person designated by him may inspect
(a) records in the possession of any person that may contain information relating to goods shipped, carried or consigned or received for shipment or carriage in the Province, and
(b) premises of any person set apart or used as a warehouse for the storage of liquor.
(2) A person who, on a request made under subsection (1), neglects or refuses
(a) to produce and submit a record for inspection, or
(b) to allow premises to be inspected under this section
commits an offence.
Historical Note(s): 1980-23-12.
73. (1) In a proceeding under this Act or regulations, proof of one unlawful sale of liquor is sufficient to establish the intent or purpose of unlawfully keeping liquor for sale in contravention of this Act or regulations.
(2) On hearing a charge of selling, purchasing, possessing, giving, taking, supplying or keeping liquor contrary to this Act or regulations, the court may find that the accused has sold, purchased, possessed, given, taken, supplied or kept liquor
(a) from the kind and quantity of liquor found in the possession of the person accused, or in any residence, place, premises, vehicle, vessel or craft that he controls or occupies, from the frequency with which liquor is received from, in, on or at them or any of them, or is removed from them or any of them, or
(b) from the circumstances under which it is kept or dealt with.
(3) The burden of proving the right to sell, purchase, possess, give, take, supply, keep or consume liquor is on the person accused of improperly or unlawfully selling, purchasing, possessing, giving, taking, supplying, keeping or consuming it.
Historical Note(s): 1975-38-78; 1980-23-13.
74. (1) A certificate of an analyst, designated in writing by the minister or general manager for the purposes of this Act or regulations, stating that he has made a chemical analysis of a sample of a substance and stating the percentage of alcohol contained in that substance, is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.
(2) In a proceeding in respect of an offence committed contrary to this Act or regulations, a court may, in the absence of proof to the contrary, find that the substance is intoxicating from the fact that a witness describes it as intoxicating or by a name commonly applied to an intoxicating liquor.
Historical Note(s): 1975-38-79; 1977-39-31; 1980-23-14.
75. (1) In a prosecution, action or proceeding under this Act or regulations against a corporation, a summons, warrant, order, writ or other proceeding may, in addition to another manner of service that may be provided or authorized by law, be served on the corporation in accordance with the Company Act.
(2) In a prosecution, action or proceeding under this Act or regulations in which it is alleged that a corporation is or has been guilty of an offence, the fact of the incorporation of that corporation is presumed unless the contrary is proven.
Historical Note(s): 1975-38-80.
76. Where an offence under this Act or regulations is committed by a corporation, the officer or agent of the corporation in charge of the establishment in which the offence is committed shall be deemed to be a party to the offence and is personally liable to the penalties prescribed for the offence as a principal offender; but nothing in this section relieves the corporation or the person actually committing the offence from liability for it.
Historical Note(s): 1975-38-81.
77. On proof that an offence under this Act or regulations has been committed by
(a) a person employed by the occupant of a house, shop, restaurant, room or other establishment in which the offence is committed; or
(b) a person permitted by the occupant to be or remain in or on that house, shop, restaurant, room or establishment, or to act in any way for the occupant,
the occupant shall be deemed to be a party to the offence and is liable as a principal offender to the penalties prescribed for the offence, notwithstanding the fact that the offence was committed by a person who is not proved to have committed it under or by the direction of the occupant; but nothing in this section relieves the person actually committing the offence from liability for it.
Historical Note(s): 1975-38-82.
78. A conviction or order made in a matter arising under this Act or regulations, either originally or on appeal, shall not be quashed for want of form. No information, summons, conviction, order or other proceeding shall be held to be bad or quashed for charging 2 or more offences or charging an offence disjunctively or in the alternative.
Historical Note(s): 1975-38-83.
79. A certified copy of a licence, floor plan or order of the general manager purporting to be signed by the general manager shall be received in every court in the Province as proof of the original licence, floor plan or order of which it purports to be a copy.
Historical Note(s): 1975-38-84; 1977-39-32.
80. (1) The general manager shall report to the minister as to the administration or enforcement of this Act as the minister requires, and shall prepare and forward to the minister annually a report for the 12 month period ending on March 31 of the year in which the report is made. The annual report shall contain
(a) the number of subsisting licences and of licences issued, renewed, transferred, cancelled or suspended;
(b) [Repealed 1988-43-33.]
(c) a report of the operation of the branch for that period;
(d) a financial statement of the branch for that period; and
(e) other information requested by the minister.
(2) The minister shall lay the report before the Legislative Assembly if it is then sitting, and, if it is not sitting, within 15 days after the commencement of the first session in the following calendar year.
Historical Note(s): 1975-38-85; 1988-43-33.
81. (1) Money required for the administration of this Act shall be paid out of appropriations made by the Legislature for the purpose.
(2) The Lieutenant Governor in Council may make regulations that provide for
(a) the recovery of some or all of the money expended by the imposition of prescribed fees and charges payable by applicants for licences, licensees and other persons who obtain or require the benefits or services of the branch under this Act, and
(b) the imposition and fixing of penalties for non-payment of fees and charges on the dates that the fees and charges are due.
(3) Regulations made under subsection (2) may make provision for the recovery of fees for benefits given or services performed on and after April 1, 1988, and regulations so made are retroactive to the extent necessary to give them effect on and after that date.
Historical Note(s): 1988-43-34.
84. (1) The Lieutenant Governor in Council may make regulations.
(2) The Lieutenant Governor in Council may make regulations
(a) fixing expiry dates for licences, with power to prescribe different dates for different licences and different classes of licences,
(b) respecting special occasion licences and providing mechanisms for consultation by the general manager with public authorities and police before issuing those licences,
(c) fixing the fees and charges contemplated by section 81, with power to impose different fees for different types of service or benefits and on different classes of establishments and licensees,
(d) defining a word or expression used but not defined in this Act,
(e) respecting any matter for which regulations are contemplated by this Act,
(f) controlling advertisements and signs used in or for licensed establishments and manufacturers of liquor,
(g) without limiting the powers of the general manager to impose conditions and restrictions on licences and on establishments, providing for types of entertainment and other activities that may be carried on in licensed establishments, and setting criteria by which the general manager may implement his powers under section 50 (2),
(h) respecting the issue of licences,
(i) respecting training programs referred to in section 11.1, with power
(i) to set different programs for licensees, managers and servers of liquor,
(ii) in prescribed situations to exempt persons or classes of persons from the requirement to complete training programs,
(iii) to fix fees for attendance at training programs, and
(iv) to prescribe establishments or classes of establishments for which a training program is necessary,
(j) fixing fees for filing appeals and providing for refunds in prescribed circumstances,
(k) conferring additional powers, duties or functions on the general manager,
(k.1) providing for the delegation by the general manager of any or all of his powers, duties or functions, including without restriction, powers, duties and functions relating to licensing or enforcement, to officers or other persons or to a committee, which may include the general manager or officers or both,
(l) prescribing the rules, practices and procedures to be followed by the appeal board in performing its duties and functions and exercising its powers,
(m) defining what constitutes a relevant interest for the purpose of section 31, and
(n) providing for licensing and controlling the manufacture of wine, beer and cider under section 55 (3).
(2.1) Regulations made under subsection (2) (h) may fix terms and conditions respecting all matters relating to the sale of liquor in establishments to be licensed and, without limiting the generality of that, the terms and conditions may
(a) provide for the issue of different classes of licences for different classes of establishments,
(b) specify the types of liquor that may be sold and consumed in an establishment,
(c) provide for and regulate the sale of liquor for off premises consumption,
(d) provide for and regulate the presence of minors in establishments in specific circumstances,
(e) fix the hours of operation of an establishment,
(f) prohibit or restrict entertainment in an establishment in circumstances specified by the regulations,
(g) specify the allowable seating for different classes of establishments,
(h) specify requirements respecting the availability of foods and non-alcoholic beverages in an establishment,
(i) specify the manner and circumstances for the serving of liquor in dining and holding areas of an establishment, and
(j) specify requirements respecting the location of different classes of establishments.
(2.2) The terms and conditions under subsection (2.1) may be different for different classes of licences prescribed in the regulations.
(3) [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]
Historical Note(s): 1975-38-89; 1977-39-33; 1982-68-38, proclaimed effective December 1, 1982; 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83); 1988-43-35; 1989-72-17.
85. The general manager, every store manager and every official authorized by the general manager to issue permits and licences under this Act or the Liquor Distribution Act may administer an oath and take and receive an affidavit or declaration required under this Act or the regulations.
Historical Note(s): 1975-38-90.
87. (1) A person, other than the general manager, who on December 31, 1976, holds an appointment as a store manager or other employee under the Government Liquor Act is continued as a store manager or employee, as the case may be, under this Act until his appointment is terminated under this Act or the Liquor Distribution Act.
(2) Notwithstanding this Act, every licence, permit or order made or issued under the Government Liquor Act prior to the coming into force of the Liquor Distribution Act and valid and subsisting immediately prior to that date remains in full force and effect unless or until it expires or is suspended or cancelled under this Act or the Liquor Distribution Act or the regulations under those Acts.
(3) An appeal that was being heard on the coming into force of this subsection shall continue to be determined by the commission or by the minister, as the case may be, in the manner provided for in the enactment under which the appeal was commenced.
Historical Note(s): 1975-38-92; 1988-43-37.
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