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Volume 64, No. 6
76/2021
The British Columbia Gazette, Part II
March 23, 2021

B.C. Reg. 76/2021, deposited March 12, 2021, under the LIQUOR CONTROL AND LICENSING ACT [sections 80 and 82]. Order in Council 151/2021, approved and ordered March 12, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is amended as set out in the attached Appendix.

— M. FARNWORTH, Minister of Public Safety and Solicitor General; M. RANKIN, Presiding Member of the Executive Council.

Appendix

1 Section 9.1 of the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is repealed and the following substituted:

Authority to sell liquor – delivery and take-out

9.1 (1) In addition to the activities authorized by section 9, but subject to subsection (2) of this section, a liquor primary licence authorizes

(a) a licensee to deliver and sell liquor in unopened containers to patrons outside the establishment under the licence,

(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, and

(c) a patron who has taken possession of the liquor in the service area to remove it from the establishment.

(2) A sale of liquor referred to in subsection (1) must occur in conjunction with the sale of a meal for consumption outside the establishment.

2 Section 16.1 is repealed and the following substituted:

Authority to sell liquor – delivery and take-out

16.1 (1) In addition to the activities authorized by section 16, but subject to subsections (2) and (3) of this section, a food primary licence authorizes

(a) a licensee to deliver and sell liquor in unopened containers to patrons outside the establishment under the licence,

(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, and

(c) a patron who has taken possession of the liquor in the service area to remove it from the establishment.

(2) A sale of liquor referred to in subsection (1) must occur in conjunction with the sale of a meal for consumption outside the establishment.

(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.

3 Section 146 is amended

(a) in the definition of "former Act" by striking out "R.S.B.C. 1996. c. 267" and substituting "R.S.B.C. 1996, c. 267,", and

(b) in the definition of "former regulation" by striking out "B.C. Reg. 244/2002" and substituting "B.C. Reg. 244/2002,".

4 Section 193 (1) is amended

(a) in paragraph (c) by striking out "the auction" and substituting "the auction:",

(b) in paragraph (c) (i) by striking out "spirits," and substituting "spirits;", and

(c) in paragraph (c) (ii) by striking out "cider, and" and substituting "cider;".


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