Section 1 definition of "club" BEFORE repealed by BC Reg 291/2015, effective December 7, 2016.
"club" means a society as defined in section 1 of the Societies Act that has at least 50 members who pay an annual membership fee;
Section 1 definition of "rural licensee retail store" was added by BC Reg 18/2021, effective February 26, 2021.
Section 1 definition of "non-profit corporation", paragraph (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) has no director who is remunerated, other than the reimbursement of actual expenses that are directly related to his or her duties as a director;
Section 1 definition of "non-profit organization", paragraph (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) has no member who is remunerated, other than the reimbursement of actual expenses that are directly related to his or her duties as a member;
Section 3 (1) definition of "issued under this Act" BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
"issued under this Act" includes converted under Part 8 of this regulation.
Section 4 (2) (c) BEFORE amended by BC Reg 137/2017, effective April 7, 2017.
(c) a ship to which the public does not have access that is equipped with permanent sleeping accommodations, cooking facilities and a toilet.
Section 4 (a) BEFORE amended by BC Reg 172/2017, September 18, 2017.
(a) a part of a building during the period when the public does not have access to the part of the building, but does not include a residence or the part of a building that may be rented by the public;
Section 4 (b) (iii) BEFORE amended by BC Reg 172/2017, September 18, 2017.
Section 4 (2) (a) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(a) a part of a building during the period when the public does not have access to the part of the building, but does not include a residence or the part of a building that may be rented by the public,
Section 9.1 (2) and (3) BEFORE amended by BC Reg 179/2020, effective July 13, 2020.
(2) A sale of liquor referred to in subsection (1) (a) must occur in conjunction with the sale of a meal.
Section 9.1 BEFORE re-enacted by BC Reg 76/2021, effective March 12, 2021.
Temporary authority to sell liquor
9.1 (1) In addition to the activities authorized by section 9, a liquor primary licence authorizes
(a) subject to subsection (2), a licensee to sell liquor in unopened containers to patrons in the service area under the licence, and
(b) a patron to consume the liquor outside the service area but, for certainty, in accordance with section 73 (1) of the Act.
(2) A sale of liquor referred to in subsection (1) (a) must occur in conjunction with the sale of a meal for consumption outside the service area.
(3) This section is repealed on March 31, 2021.
[en. B.C. Reg. 62/2020, s. 1; am. B.C. Regs. 179/2020; 235/2020.]
Section 9.1 (1) (b.1) was added by BC Reg 105/2021, effective April 7, 2021.
Section 9.1 (1) (c) BEFORE amended by BC Reg 105/2021, effective April 7, 2021.
(c) a patron who has taken possession of the liquor in the service area to remove it from the establishment.
Section 9.1 (3) was added by BC Reg 105/2021, effective April 7, 2021.
Section 9.1 (1) (b) BEFORE amended by BC Reg 105/2021, effective June 6, 2021.
(b) a licensee to sell liquor in unopened containers to patrons and, in the service area under the licence, to transfer possession of the liquor to those patrons for the purpose of removing the liquor from the establishment,
Section 9.1 (1) (b.1) and (3) BEFORE self-repealed by BC Reg 105/2021, effective June 6, 2021.
(b.1) a licensee to enclose draught beer in a container and
(i) deliver and sell the beer in the container in accordance with paragraph (a), or
(ii) sell and transfer possession of the beer in the container in accordance with paragraph (b), and
(3) Subsection (1) (b.1) and this subsection are repealed 60 days after the date on which this subsection comes into force.
Section 9.1 (1) (b.2) BEFORE amended by BC Reg 271/2021, effective October 29, 2021.
(b.2) a licensee to enclose in a container a mixed drink containing liquor and non-liquor ingredients and
(i) deliver and sell the mixed drink in the container in accordance with paragraph (a), or
(ii) sell and transfer possession of the mixed drink in the container in accordance with paragraph (b), and
Section 11 (1) and (2) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(1) Only clubs are eligible to hold a liquor primary club licence.
(2) Subject to the approval of the general manager, in addition to the activities authorized by section 9, a liquor primary club licence authorizes
(a) the licensee to sell to a member of the club liquor in unopened containers in the service area for the purpose of it being removed from the service area, and
(b) a member who has purchased the liquor to remove the liquor, whether it is in an opened or unopened container, from the service area and to possess the liquor while taking it to another service area in the club.
Section 11 (4) (a) and (c) (part) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(a) the sale of liquor under the licence is restricted to members of the club and their registered guests;
(c) the club must keep a guest register that contains the following information:
Section 15 (2) and (3) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(2) No new off-premises sales endorsements may be issued unless
(a) the establishment in respect of which the endorsement is sought is at least 30 km from each of the following:
(iii) an establishment under a licence endorsed with an off-premises sales endorsement, or
(b) the applicant holds a brewery licence and the establishment under the applicant's liquor primary licence is adjacent to the manufacturing facilities of the establishment under the brewery licence.
(3) A liquor primary licence endorsed with an off-premises sales endorsement that was issued under subsection (2) (a) may not be relocated with that endorsement unless the proposed establishment is at least 30 km from each of the following:
(c) an establishment under the licence endorsed with an off-premises sales endorsement.
Section 15 (4) (c) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(c) despite paragraph (b) of this subsection, in the case of an endorsement referred to in subsection (2) (b), only beer manufactured under the brewery licence may be sold for off-premises consumption;
Section 15 (0.1) and (3.1) were added by BC Reg 231/2017, effective December 12, 2017.
Section 16.1 (2) and (3) BEFORE amended by BC Reg 179/2020, effective July 13, 2020.
(2) A sale of liquor referred to in subsection (1) (a) must occur in conjunction with the sale of a meal.
Section 16.1 BEFORE re-enacted by BC Reg 76/2021, effective March 12, 2021.
Temporary authority to sell liquor
16.1 (1) In addition to the activities authorized by section 16, a food primary licence authorizes
(a) subject to subsection (2), a licensee to sell liquor in unopened containers to patrons in the service area under the licence when the primary purpose of the business carried on in the service area is the service of food, and
(b) a patron to consume the liquor outside the service area but, for certainty, in accordance with section 73 (1) of the Act.
(2) A sale of liquor referred to in subsection (1) (a) must occur in conjunction with the sale of a meal for consumption outside the service area.
(3) This section is repealed on March 31, 2021.
[en. B.C. Reg. 62/2020, s. 2; am. B.C. Regs. 179/2020; 235/2020.]
Section 16.1 (1) (b.1) was added by BC Reg 105/2021, effective April 7, 2021.
Section 16.1 (1) (c) BEFORE amended by BC Reg 105/2021, effective April 7, 2021.
(c) a patron who has taken possession of the liquor in the service area to remove it from the establishment.
Section 16.1 (4) was added by BC Reg 105/2021, effective April 7, 2021.
Section 16.1 (1) (b) BEFORE amended by BC Reg 105/2021, effective June 6, 2021.
(b) a licensee to sell liquor in unopened containers to patrons and, in the service area under the licence, to transfer possession of the liquor to those patrons for the purpose of removing the liquor from the establishment,
Section 16.1 (1) (b.1) and (4) BEFORE self-repealed by BC Reg 105/2021, effective June 6, 2021.
(b.1) a licensee to enclose draught beer in a container and
(i) deliver and sell the beer in the container in accordance with paragraph (a) and subsection (3), or
(ii) sell and transfer possession of the beer in the container in accordance with paragraph (b) and subsection (3), and
(4) Subsection (1) (b.1) and this subsection are repealed 60 days after the date on which this subsection comes into force.
Section 16.1 (1) (b.2) was added by BC Reg 180/2021, effective July 8, 2021.
Section 16.1 (3) BEFORE amended by BC Reg 180/2021, effective July 8, 2021.
(3) The activities set out in subsection (1) (a) and (b) are authorized when the primary purpose of the business carried on in the service area under the licence is the service of food.
Section 16.1 (1) (b.2) BEFORE amended by BC Reg 271/2021, effective October 29, 2021.
(b.2) a licensee to enclose in a container a mixed drink containing liquor and non-liquor ingredients and
(i) deliver and sell the mixed drink in the container in accordance with paragraph (a), or
(ii) sell and transfer possession of the mixed drink in the container in accordance with paragraph (b), and
Section 21 (1) (part) BEFORE amended by BC Reg 105/2021, effective June 6, 2021.
(1) The general manager must not endorse a food primary licence with a catering endorsement unless the general manger is satisfied that
Section 26 (c) (part) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(c) the licensee must not host, promote, or invite people to, an event catered by the licensee unless
Section 36 (a) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(a) possess liquor, in an open container, they have purchased or received as a sample in a service area in the establishment, and
Section 36 (a) BEFORE amended by BC Reg 169/2021, effective June 30, 2021.
(a) subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.;
Section 37 BEFORE repealed by BC Reg 231/2017, effective December 12, 2017.
Guided tours
37 (1) This section applies when a licensed manufacturer conducts a guided tour of the establishment.
(2) Patrons while on a guided tour may, during the hours of 9 a.m. to 11 p.m.,
(a) possess liquor, in an open container, they have purchased or received as a sample from a service area in the establishment, and
Section 38 (2) (b) (ii) BEFORE repealed by BC Reg 231/2017, effective December 12, 2017.
(ii) a guided tour referred to in section 37 of the establishment under the manufacturer licence;
Section 40 (a) (part) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(a) the agent must keep, in a form approved by the general manager, a record of the following for a period of at least 6 years from the creation of the records:
Section 43 (1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) provides the licensee with an acknowledgment, signed by the customer, that the beer or wine is being made by the customer for his or her own consumption or for consumption at no charge by other persons.
Section 47 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) A licensee must ensure that the customer removes his or her beer or wine from the establishment immediately after bottling.
Section 53 definition of "government liquor store" BEFORE repealed by BC Reg 305/2021, effective November 29, 2021.
"government liquor store" means a liquor store as defined in section 1 of the Act, other than an agency store as defined in section 1 (1) of the Liquor Distribution Act;
Section 53 definition of "proposed location of another store", paragraph (c), BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(c) the proposed location of a government liquor store about which the LDB general manager notifies the general manager;
Section 54 (3) (a) (i) and (ii) BEFORE amended by BC Reg 155/2019, effective July 8, 2019.
(i) to sell BC wine in unopened containers in the service area under the licence to patrons, and
(ii) to sell or serve samples of BC wine in the service area under the licence to patrons, and
Section 55 (2) and (4) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(2) If a government liquor store is located in a grocery store, no licensee retail store, wine store or special wine store may be located in the grocery store.
(4) If the LDB general manager notifies the general manager of a proposed location of a government liquor store in a grocery store before the general manager receives an application to issue a store licence in respect of the same grocery store or to relocate a licensee retail store, wine store or special wine store to the same grocery store, the proposed government liquor store has priority.
Section 59 (a) BEFORE amended by BC Reg 169/2021, effective June 30, 2021.
(a) subject to limitation by the general manager, the hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.;
Section 60 (1) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(1) Subject to subsection (2), an application to amend a licence in respect of a licensee retail store to relocate the store must not be approved unless the new location of the licensee retail store is at least 1 km from any other licensee retail store or government liquor store or any proposed location of another store.
Section 60 (2) (b) and (c) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(b) the proposed new location is not closer to the licensee retail store or government liquor store or proposed location of another store than the current location;
(c) the shortest travelling distance by road between the proposed new location and the licensee retail store or government liquor store or proposed location of another store is 1 km or more because of a watercourse or body of water;
Section 63 (3) BEFORE amended by BC Reg 168/2018, effective July 27, 2018.
(3) For the purposes of section 19 (2) (b) and (c) of the Act, a converted wine store licence that at the time the licence was converted authorized the sale of only BC VQA wine, as defined in section 1 of the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, is a prescribed class of licence and remains a prescribed class of licence even if the type of wine authorized to be sold under the converted wine store licence changes.
Section 63 (2) (a) BEFORE amended by BC Reg 155/2019, effective July 8, 2019.
(a) the exemption is only with respect to any non-compliance with the requirements set out in section 14.1 (12) of the former regulation that existed when that section came into force;
Section 64 (1) (a) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(a) subject to limitation by the general manager, hours of service must start no earlier than 9 a.m. and end no later than 11 p.m.;
Section 64 (1) (a) BEFORE amended by BC Reg 169/2021, effective June 30, 2021.
(a) subject to limitation by the general manager, hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.;
Section 65 (2) (part) and (3) BEFORE amended by BC Reg 155/2019, effective July 8, 2019.
(2) The proposed wine store under subsection (1) must be physically separated from the rest of the grocery store in a manner satisfactory to the general manager unless the licensee applying to amend the winery licence
(3) A wine store licence that permits the licensee to sell all types of wine, other than wine for sacramental purposes, may be amended to relocate the wine store from the location named on the licence to a new location that is in a grocery store if the proposed wine store will be physically separated from the rest of the grocery store in a manner satisfactory to the general manager.
Section 65 (4) was added by BC Reg 155/2019, effective July 8, 2019.
Section 66 (1) BEFORE amended by BC Reg 155/2019, effective July 8, 2019.
(1) A licensee who holds a wine store licence that permits the licensee to sell all types of wine, other than wine for sacramental purposes, may, until 4:30 p.m. on March 31, 2025, apply to the general manager for conversion of the wine store licence to a licensee retail store licence.
Section 66 (1.1) was added by BC Reg 155/2019, effective July 8, 2019.
Section 66 (3) BEFORE amended by BC Reg 166/2020, effective June 29, 2020.
(3) If an application referred to in subsection (1) does not comply with subsection (2), the general manager may approve the application if the shortest travelling distance by road between the proposed licensee retail store and any other licensee retail store or government liquor store or proposed location of another store is 1 km or more because of a watercourse or body of water.
Section 66 (3) (b) BEFORE amended by BC Reg 283/2020, effective December 17, 2020.
(b) the location of the proposed licensee retail store is the current location of the wine store under the applicant's wine store licence.
Section 66 (2) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(2) Subject to subsection (3), an application referred to in subsection (1) must not be approved unless the location of the proposed licensee retail store is at least 1 km from any other licensee retail store or government liquor store or any proposed location of another store.
Section 66 (3) (a) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(a) the shortest travelling distance by road between the proposed licensee retail store and any other licensee retail store or government liquor store or any proposed location of another store is 1 km or more because of a watercourse or body of water;
Section 68 (c) BEFORE amended by BC Reg 169/2021, effective June 30, 2021.
(c) subject to limitation by the general manager, the hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.
Section 70.2 (2) and (4) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(2) Subject to the approval of the general manager, a rural licensee retail store licence also authorizes a licensee to sell liquor in unopened containers to other licensees and to special event permittees.
(4) A licensee and a special event permittee are authorized to purchase liquor in unopened containers that is sold under subsection (2) to the licensee or the permittee.
Section 70.4 (1) (a) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(a) the proposed rural licensee retail store will be located in a rural community or tourist destination resort with no other rural licensee retail store,
Section 70.4 (1) (a.1) was added by BC Reg 305/2021, effective November 29, 2021.
Section 70.4 (1) (b) and (c) BEFORE repealed by BC Reg 305/2021, effective November 29, 2021.
(b) if the proposed rural licensee retail store will be located in a rural community, the area that the store will serve has enough residents for the store to be a viable business without non-resident customers, and
(c) the general store in which the proposed rural licensee retail store will be located would be a viable business without the licence.
Section 70.4 (2) BEFORE repealed by BC Reg 305/2021, effective November 29, 2021.
(2) An application to amend a licence in respect of a rural licensee retail store to relocate the store must not be approved unless the general manager is satisfied that the new location of the rural licensee retail store meets the requirements set out in subsection (1) (a) to (c).
Section 70.5 (a) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(a) in a store that is, in the opinion of the general manager, a general store, and
Section 70.5 (b) (ii) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(ii) a licensee retail store or government liquor store that was established before the rural licensee retail store.
Part 2, Division 8.1, sections 70.1 to 70.8, was enacted by BC Reg 18/2021, effective February 26, 2021.
Section 71 (1) (d) was added by BC Reg 18/2021, effective February 26, 2021.
Section 71 (5.1) was added by BC Reg 18/2021, effective February 26, 2021.
Section 71 (9) (b) (i) BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
(i) the impact of noise on the community in the immediate vicinity of the establishment unless subparagraph (ii) or (iii) apply,
Section 74 (1) BEFORE repealed by BC Reg 137/2017, effective April 7, 2017.
(1) In this section, "vessel" means a vessel as defined in section 2 of the Canada Shipping Act, 2001.
Section 75 BEFORE renumbered and (2) was added by BC Reg 231/2017, effective December 12, 2017.
Right to refuse reapplications
75 For the purposes of sections 14 (2) and 16 (2) of the Act, the general manager may refuse to accept an application for a licence or an endorsement or an application to amend a licence or the terms and conditions of a licence if
(a) the applicant submitted a previous application for the same licence, endorsement or amendment in respect of the same establishment,
(b) the general manager refused to issue the licence, add the endorsement or amend the licence or terms and conditions,
(c) in respect of a refusal based on a recommendation of a local government or first nation under section 38 of the Act or on the basis of a decision by the general manager under section 39 of the Act, less than 2 years has passed since the refusal, and
(d) in respect of a refusal based on other reasons, the general manager is satisfied that the reasons on which the general manager based the refusal are not addressed by
(i) changes to the Act, this regulation or terms and conditions, or
Section 80 (2) (e) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(e) sales records respecting other merchandise or services provided by the licensee that are incidental to the business of the establishment;
Section 92 BEFORE re-enacted by BC Reg 271/2018, effective December 10, 2018.
Dormant licences
92 (1) The prescribed period for the purposes of section 49 (5) of the Act is 2 years.
(2) The prescribed circumstances for the purposes of section 49 (5) of the Act are that the licensee has satisfied the general manager that
(a) the establishment ceased operations during the period prescribed under subsection (1) because the establishment was substantially damaged by fire, flood or other event beyond the licensee's control,
(b) the establishment required extensive renovations as a result of the event, those renovations were started within the prescribed period and work on the renovations continues to the end of the prescribed period, and
(c) after the prescribed period, work on the renovations is continuous to the restart of operations in the establishment.
Section 92.1 (2) BEFORE amended by BC Reg 165/2020, effective June 29, 2020.
(2) Subsections (3) to (6) set out the prescribed circumstances for the purposes of section 49 (5) of the Act.
Section 92.1 (8) was added by BC Reg 165/2020, effective June 29, 2020.
Section 92.1 (7) (part) BEFORE amended by BC Reg 105/2021, effective June 6, 2021.
(7) For the purposes of subsections (3) (c), (4) (c) and (d) and (5) (c) and (d), construction is considered to be started or to be continuous if the general manger is satisfied that
Section 113 (1) (part) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(1) A special event permit must not be issued for a private special event described paragraph (a) [tastings] or paragraph (b) [social] of the definition of "private special event" in section 111 unless the following conditions are met:
Section 113 (3) (b) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(b) attendance at the event will be limited to the applicant and the applicant's staff or members of the non-profit organization, to invited guests or to persons who been given tickets before the event;
Section 113 (1) (a) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(a) the applicant is a corporation, partnership or sole proprietorship or a representative of a unincorporated organization;
Section 114 (2) BEFORE amended by BC Reg 137/2017, effective April 7, 2017.
(2) If the price that a permittee intends to charge for a drink containing liquor that will be sold under the permit exceeds the price for that drink set out on the general manager's cost recovery list, the general manager must not issue the permit unless the general manager is satisfied that the purpose of the event is to raise funds for a charitable purpose and
(a) the permittee is a non-profit corporation or a representative of a non-profit organization who will use the profit made at the special event for charitable purposes, or
(b) the permittee will donate the profit to a non-profit corporation or non-profit organization whose primary function is to carry out charitable purposes.
Section 116 (h) BEFORE repealed by BC Reg 137/2017, effective April 7, 2017.
(h) if the prices that will be charged for drinks containing liquor exceed the general manager's cost recovery price list, the name of the non-profit corporation or non-profit organization that will receive the profit made at the special event and description of the corporation's or organization's charitable purposes.
Section 122 (1) BEFORE amended by BC Reg 137/2017, effective April 7, 2017.
(1) This section applies when a permittee who holds a special event permit sells one or more drinks containing liquor for a price that exceeds the price set out on the general manager's cost recovery list.
Section 122 (2) (b) BEFORE amended by BC Reg 137/2017, effective April 7, 2017.
(b) sets out the name of the non-profit corporation or non-profit organization who will receive the profit made at the special event and description of the corporation's or organization's charitable purposes.
Section 127 BEFORE repealed by BC Reg 172/2017, effective September 18, 2017.
Frequent auctions prohibited
127 The general manager may not issue a charitable auction permit to a non-profit corporation or a representative of a non-profit organization to sell liquor by auction on a date that is less than 31 days after the latest date on which the non-profit corporation or any representative of the non-profit organization sold liquor by auction.
Section 146 definition of "former Act" BEFORE amended by BC Reg 172/2017, effective September 18, 2017.
"former Act" means the Liquor Control and Licensing Act, R.S.B.C, 1996. c. 267 and it predecessors;
Section 146 definitions of "former Act" and "former regulation" BEFORE amended by BC Reg 76/2021, effective March 12, 2021.
"former Act" means the Liquor Control and Licensing Act, R.S.B.C. 1996. c. 267 and its predecessors;
"former regulation" means the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002 and its predecessors;
Section 157 (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) given to a minor by his or her parent, spouse or guardian in a residence for consumption in the residence,
Section 160 (1) BEFORE repealed by BC Reg 305/2021, effective November 29, 2021.
(1) In this section, "agency store" means an agency store as defined in the Liquor Distribution Act.
Section 160 (3) to (5) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(3) A minor may enter and be in an agency store or a duty free store.
(4) A minor may enter and be in a liquor store that is not an agency store or duty free store if the minor is accompanied by a parent or guardian.
(5) A person who sells liquor in a liquor store that is not an agency store or duty free store is prohibited from allowing a minor to enter or to be in the liquor store unless the minor is accompanied by a parent or guardian.
Section 163 (1) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(1) Subject to subsection (2), a minor may be employed in the establishment under a liquor primary licence during the period that minors are allowed to enter and be in the service area for any employment purpose other than the selling or serving of liquor.
Section 170 (1) (b) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(b) the Liquor Distribution Branch, an LDB agent or an operator of a duty free store;
Section 171 (1) (b) BEFORE amended by BC Reg 305/2021, effective November 29, 2021.
(b) the Liquor Distribution Branch, an LDB agent and an operator of a duty free store.
Section 171 (2) (a) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(a) that liquor that may be sold under the person's licence, other than an agent's licence, or, if the advertisement is in respect of a liquor store, that liquor may be sold in the liquor store;
Section 179 (b) BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
(b) a licensee who applies to renew, transfer or amend a licensee retail store licence if
(i) the licensee also holds a manufacturer licence, and
(ii) the licensee retail store is adjacent to the manufacturing facilities of the establishment under the manufacturer licence;
Section 180 (1) definition of "off-site applicant", subparagraph (a) (i) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(i) is applying for or holds a liquor primary, food primary, caterer or special wine store licence in which the proposed or existing establishment is an off-site establishment, or
Section 180 (1) definition of "off-site applicant", paragraph (a) (ii), BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
(ii) holds a licensee retail store or wine store licence in which the establishment is an off-site establishment, and
Section 182 (1) (b) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(b) persons exempted from section 19 (5) and 62 (1) of the Act by section 178 of this regulation;
Section 184 (4) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(4) The certificate of completion given to a person under subsection (3) expires 5 years after the person successfully completes the program and the certificate must show the expiry date.
Section 192 (4) BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
(4) A person who sells ethyl alcohol to a person who holds an ethyl alcohol purchase permit may not sell to the permittee a quantity of ethyl alcohol that exceeds the quantity authorized by the permit.
Section 192 (6) (a) (part) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) a pharmacist, if the ethyl alcohol is for use only in connection with his or her pharmacy business
(b) a dentist, medical practitioner, nurse practitioner, registrant of the College of Naturopathic Physicians of British Columbia or veterinarian, if the ethyl alcohol is for use only in connection with his or her practice;
Section 192 (1) definition of "dentist" BEFORE amended by BC Reg 208/2022, effective October 24, 2022.
"dentist" means a dentist registered with the College of Dental Surgeons of British Columbia continued under the Health Professions Act;
Section 193 (1) (c) BEFORE amended by BC Reg 76/2021, effective March 12, 2021.
(c) the person offers no more than the following quantities of liquor for sale at the auction
(ii) 18 litres of wine, other than cider, and
(iii) 51.2 litres of one or more of beer, cider or coolers made from wine or spirits.
Section 194 (2) (part) BEFORE amended by BC Reg 291/2015, effective December 7, 2016.
(2) An owner of or person who works for a delivery service may do the following subject to the conditions set out in subsection (3):
Section 204 (1) BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
(1) This section applies to the calculation of the renewal fee for liquor primary, food primary, catering, licensee retail store, wine store and special wine store licences set out in item 19 of Schedule 1.
Section 206.1 (4) BEFORE self-repealed by BC Reg 241/2016, effective April 30, 2022.
(4) Section 70.5 (a) [location in general store] does not apply to a licence that is converted under this section from an appointment.
Section 206.1 (8) BEFORE self-repealed by BC Reg 241/2016, effective April 30, 2022.
(8) Subsection (4) and this subsection are repealed on April 30, 2022.
Section 212 BEFORE self-repealed by BC Reg 241/2016, effective January 23, 2018.
Fees for food primary licences
212 (1) The fees for the first year of the food primary licence that is applied for under an application converted under section 211 may be paid, despite section 202, after the application is submitted, but must be paid before the licence is issued.
(2) This section is repealed on January 23, 2018.
[en. B.C. Reg. 291/2016, Sch. 1, s. 16.]
Section 214 BEFORE self-repealed by BC Reg 241/2016, effective January 23, 2020.
Record-keeping — converted U-Brew and U-Vin licences
214 (1) If a licensee referred to in section 51 (1) holds a converted U-Brew and U-Vin licence, the requirement under section 51 (1) to keep records and copies for a period of at least 6 years from the creation of the records or copies applies to records and copies created on or after January 23, 2014.
(2) This section is repealed on January 23, 2020.
[en. B.C. Reg. 291/2016, Sch. 1, s. 16.]
Section 215 BEFORE self-repealed by BC Reg 241/2016, effective January 23, 2020.
Dormant licences
215 (1) If, in the general manager's opinion, a former licence is dormant on January 22, 2017, the prescribed period under section 49 (5) of the Act in respect of the related converted licence does not start until January 23, 2017.
(2) This section is repealed on January 23, 2020.
[en. B.C. Reg. 291/2016, Sch. 1, s. 16.]
Section 221 BEFORE self-repealed by BC Reg 241/2016, effective January 23, 2020.
Law that applies to special event (former Act) permits
221 (1) The former Act and the former regulation continue to apply to all matters in respect of a special event (former Act) permit as though the permit were a special occasion licence.
(2) The provisions of the Liquor Control and Licensing Act, S.B.C. 2015, c. 19, and Parts 1 to 7 of this regulation relating to special event permits do not apply to a special event (former Act) permit except to the extent necessary to give effect to subsection (1).
(3) This section is repealed on January 23, 2020.
[en. B.C. Reg. 291/2016, Sch. 1, s. 16.]
Schedule 1, item 14 BEFORE amended by BC Reg 231/2017, effective December 12, 2017.
| 14 | Manufacturer with manufacturer on-site store endorsement, special event area endorsement or lounge endorsement | for brewery or distillery, fee in item 11, or, for winery, fee in item 12, plus: for manufacturer on-site store endorsement or special event area endorsement: 110 for lounge endorsement: 330 |
Schedule 1, items 8.1 and 18.1 were added by BC Reg 18/2021, effective February 26, 2021.
Schedule 1, item 19 description BEFORE amended by BC Reg 18/2021, effective February 26, 2021.
| 19 | Liquor primary, food primary, catering, licensee retail store, wine store or special wine store: if the amount of liquor purchases or sales calculated under section 204 of this regulation is |
Schedule 1, item 43 (e) was added by BC Reg 18/2021, effective February 26, 2021.
Schedule 2, item 2 BEFORE amended by BC Reg 137/2017, effective April 7, 2017.
| 2 | Contravention of section 26 (1) (a) or (b) of this regulation [preparation and service of food is not the primary purpose of the business of caterer or caterer not having equipment or personnel necessary to prepare and serve food] | 10-15 | 20-30 | 30-60 | $7 500 - $10 000 |
Schedule 2 BEFORE re-enacted by BC Reg 106/2019, effective June 5, 2019.
Schedule 2
Monetary Penalties and Licence Suspensions
[am. B.C. Reg. 137/2017, s. 7.]
Definitions
1 In this Schedule:
"licensee" includes a former licensee and a deemed licensee referred to in section 52 of the Act;
"permittee" includes a former permittee referred to in section 53 of the Act.
Contravention
2 (1) A contravention in respect of a licensee refers to a licensee's contravention of the Act or this regulation or a licensee's failure to comply with a term or condition imposed by the general manager, that is set out under the heading "Contravention" in the table to this Schedule.
(2) A contravention in respect of a permittee refers to a permittee's contravention of the Act or this regulation or a permittee's failure to comply with a term or condition imposed by the general manager, that is set out under the heading "Contravention" in the table to this Schedule.
Type of contravention
3 A contravention is of the same type as another contravention if each contravention falls within the same item in the table to this Schedule.
First, second and subsequent contraventions
4 (1) A contravention is a first contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment or event site under an authorization held by the licensee, and
(b) the licensee has not committed a contravention of the same type at or in respect of that establishment or any event site within the 12-month period preceding the commission of the contravention.
(2) A contravention is a second contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment or an event site under an authorization held by the licensee, and
(b) the licensee has committed one contravention of the same type at or in respect of that establishment or any event site within the 12-month period preceding the commission of the contravention.
(3) A contravention is a subsequent contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment or an event site under an authorization held by the licensee, and
(b) the licensee has committed a second contravention of the same type at or in respect of that establishment or any event site within the 12-month period preceding the commission of the contravention.
(4) If the general manager is satisfied that imposing the period of suspension for a second contravention or subsequent contravention set out in the table to this Schedule would create undue hardship on a licensee, the general manager may impose a period of suspension that falls within the range of suspension for a first contravention.
Table
| Item | Contravention | Period of Suspension (Days) | Monetary Penalty | ||
| First Contravention | Second Contravention | Subsequent Contraventions | |||
| Operating Outside of Licence Purpose | |||||
| 1 | Contravention of section 18 (1) (a) of this regulation [service of food in the service area under a food primary licence not the primary purpose of the business] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 2 | Contravention of section 26 (a) or (b) of this regulation [preparation and service of food is not the primary purpose of the business of caterer or caterer not having equipment or personnel necessary to prepare and serve food] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Minors | |||||
| 3 | Contravention of section 77 of the Act [supplying liquor to minors] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 4 | Contravention of section 79 of the Act [minors in establishment or liquor store] | 4–7 | 10–14 | 18–20 | $5 000–$7 500 |
| Allowing Disorderly or Unlawful Conduct | |||||
| 5 | Contravention of section 61 (2) (b) (iii) of the Act [allowing violent, quarrelsome, riotous or disorderly conduct] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 6 | Contravention of section 61 (2) (b) (iv) of the Act [allowing unlawful activities or conduct] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Intoxicated Patrons | |||||
| 7 | Contravention of section 61 (2) (a) of the Act [selling or serving liquor to an intoxicated person] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 8 | Contravention of section 61 (2) (b) (i) of the Act [allowing a person to become intoxicated] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 9 | Contravention of section 61 (2) (b) (ii) of the Act [allowing an intoxicated person to enter or remain in a service area] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| Weapons | |||||
| 10 | Contravention of section 61 (2) (b) (v) of the Act [allowing a person who has a knife or weapon to enter an establishment or event site] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| Disturbance of Persons | |||||
| 11 | Failure to comply with term or condition that requires licensee or permittee to take reasonable measures to ensure that the operation of the establishment or event site does not disturb persons in the vicinity | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Overcrowding | |||||
| 12 | Contravention of section 78 (1) (a) or (2) (a) of this regulation [person or patron capacity in service area exceeded, but occupant load not exceeded] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 13 | Contravention of section 78 (1) or (2) of this regulation [person or patron capacity and occupant load in service area exceeded] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 14 | Contravention of section 97 (e) or (f) of this regulation [exceeding maximum attendance or occupant load at catered event] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 15 | Contravention of section 101 (b) or (c) of this regulation [exceeding maximum attendance or occupant load at event site under a temporary use area authorization] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 16 | Contravention of section 117 (j) or (k) of this regulation [exceeding maximum attendance or occupant load in service area at special event] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| Unlawful Sale and Purchase of Liquor | |||||
| 17 | Contravention of section 8 (2) (a) of the Act [unlawful sale of liquor] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 18 | Contravention of section 8 (2) (e) of the Act [unlawful purchase of liquor] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 19 | Contravention of section 8 (3) of the Act [selling or serving unauthorized liquor] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 20 | Contravention of section 140 of this regulation [selling or serving liquor purchased under another licence or permit] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Liquor Service | |||||
| 21 | Contravention of section 60 (1) of the Act [failure to complete training or recertification] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 22 | Contravention of section 89 (a) of this regulation [failure to clear patrons within 1/2 hour after liquor service has ended] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 23 | Contravention of (a) section 26 (i) of this regulation [unused liquor at residential event not returned to the caterer's establishment], or (b) section 90 (1) of this regulation [failing to take liquor from patrons within 1/2 hour after liquor service has ended] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 24 | Contravention of section 91 (1) of this regulation [allowing a person to consume liquor beyond 1/2 hour after liquor service has ended] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 25 | Contravention of section 142 (1) or (3) of this regulation [employees or staff consuming liquor while working] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 26 | Contravention of section 141 (2) of this regulation [permitting liquor not sold or served by licensee or permittee to be consumed] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 27 | Contravention of section 141 (4) of this regulation [allowing liquor to be taken from the service area] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 28 | Contravention of (a) section 82 (1) of this regulation [licensee providing unlimited or unspecified quantities of liquor for a single price or using a sales strategy that is likely to promote or encourage intoxication], or (b) section 118 of this regulation [permittee providing unlimited or unspecified quantities of liquor for a single price or using a sales strategy that is likely to promote or encourage intoxication] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| Production of Records | |||||
| 29 | Contravention of section 43 (a) (iii) of the Act [failure to produce records, liquor or other things] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Advertising | |||||
| 30 | Contravention of section 64 of the Act [advertising liquor] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| Entertainment | |||||
| 31 | Failure to comply with term or condition dealing with adult entertainment | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 32 | Failure to comply with term or condition dealing with entertainment other than adult entertainment | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| Miscellaneous Contraventions | |||||
| 33 | Contravention of section 57 (1) (c) of the Act [providing false or misleading information] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 34 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor at a catered event without a catering authorization] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 35 | Contravention of section 8 (2) (a) of the Act [manufacturer selling or serving liquor at a market without a market authorization] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 36 | Contravention of section 8 (2) (a) of the Act [selling liquor at a food or beverage festival without a temporary off-site sale authorization] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 37 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor without a temporary use area authorization] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 38 | Contravention of section 79 (1) (a) or (2) of this regulation [making structural alteration or changing size or location of service area without amending licence] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 39 | Failure to comply with term or condition requiring compliance with an agreement under section 5 of the Liquor Distribution Act | up to $25 000 | |||
| 40 | Contravention of section 80 (4) of this regulation [failing to keep a register of liquor purchases] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 41 | Contravention of section 144 (1) or (3) of this regulation [unlawful dilution or adulteration of liquor or refilling bottles] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| Tied Houses and Inducements | |||||
| 42 | Contravention of section 62 (1) or (2) of the Act [tied houses and inducements] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| 43 | Failure to comply with term or condition to report to general manager information respecting tied house arrangements | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| U-Brew/U-Vin | |||||
| 44 | Contravention of section 44 of this regulation [failing to ensure that the customer performs the listed tasks] | 4–7 | 10–14 | 18–20 | $5 000–$7 000 |
| 45 | Contravention of any of the following sections of this regulation: (a) 43 [payment, acknowledgment and invoice requirements]; (b) 45 [unauthorized consumption]; (c) 46 (1) [storage requirements]; (d) 46 (2) [licensee removing customer's product]; (e) 47 [removal of finished product required]; (f) 48 [labelling, removal and use]; (g) 50 [underage customers]; (h) 51 [record keeping and reporting requirements]; (i) 172 [advertisements] | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |
| 46 | Contravention of section 49 of this regulation [failing to ensure that beer or wine is not sold at a U-Brew or U-Vin] | 10–15 | 20–30 | 30–60 | $7 500–$10 000 |
| Default in Monetary Penalties | |||||
| 47 | Contravention of section 51 (10) or 53.1 (12) of the Act [failure to pay monetary penalty within required time] | 10–15 | 20–30 | 30–60 | |
| Suspension, Cancellation and Obstruction | |||||
| 48 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor while licence is suspended] or failure to comply with a term or condition prohibiting consumption while licence is suspended | 15–90 | 15–90 | 15–90 | |
| 49 | Contravention of section 8 (2) (a) of the Act [selling liquor at an event catered by the licensee while the licence is under suspension, the catering endorsement is under suspension or the catering authorization is under suspension or cancelled] | 15–90 | 15–90 | 15–90 | |
| 50 | Contravention of section 8 (2) (a) of the Act [licensed manufacturer selling or serving liquor at an event while the licence is under suspension, the manufacturer on-site store endorsement is under suspension or the market authorization is under suspension or cancelled] | 15–90 | 15–90 | 15–90 | |
| 51 | Contravention of section 8 (2) (a) of the Act [selling liquor at a food or beverage festival while the licensee retail store, wine store or special wine store licence is under suspension, the temporary off-site sale endorsement is under suspension or the temporary off-site sale authorization is under suspension or cancelled] | 15–90 | 15–90 | 15–90 | |
| 52 | Contravention of section 44 (6) of the Act [obstructing peace officer or refusing to allow peace officer entry] | 15–90 | 15–90 | 15–90 | |
| 53 | Contravention of (a) section 43 (a) (i) and (ii) of the Act [not allowing general manager entry or not facilitating inspection], or (b) section 43 (b) of the Act [obstructing general manager] | 15–90 | 15–90 | 15–90 | |
| General | |||||
| 54 | Contravention of any provision of the Act or this regulation or failure to comply with a term or condition not specifically referred to in this Schedule | 1–3 | 3–6 | 6–9 | $1 000–$3 000 |