1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 12th day of July, 1999
Ian D. Izard, Law Clerk


HONOURABLE JOY K. MacPHAIL
MINISTER OF FINANCE AND CORPORATE RELATIONS


BILL 80 -- 1999

LIQUOR STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Liquor Control and Licensing Act

1 Section 1 (1) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended

(a) in the definition of "agent" by striking out "means" and substituting "means, for the purposes of section 52,",

(b) by repealing the definition of "licensee" and substituting the following:

"licensee" means

(a) a person licensed under this Act to sell liquor, including

(i) a person carrying on the business of a brewery, winery or distillery, and

(ii) a person holding a special occasion licence, or

(b) a person holding a licence under section 12.1; ,

(c) by repealing the definition of "products", and

(d) by adding the following definitions:

"advertise" means, in respect of liquor or the availability of liquor,

(a) to exhibit or display, or permit to be exhibited or displayed, a notice respecting liquor

(i) by an electric, illuminated or other sign, contrivance or device, or

(ii) on a building, signboard, billboard, vehicle or other place in public view, or

(b) to publish, broadcast, distribute or display a sign, notice, circular, letter, poster, handbill, card, price list or information in any format that

(i) names, represents, describes or refers to liquor, or to the qualities or quantities of a liquor,

(ii) gives the name or address of a person manufacturing or dealing in liquor, or

(iii) states or indicates where liquor may be obtained or purchased;

"fine" means a fine imposed as a result of a conviction for an offence under this Act;

"first nation" means

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

(b) in relation to an area under its jurisdiction, any prescribed aboriginal governing body;

"local government" means,

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

(b) in relation to a municipality, the council of the municipality, and

(c) in relation to a local trust area under the Islands Trust Act, the local trust committee or the executive committee acting as local trust committee for that area;

"monetary penalty" means a monetary penalty imposed under section 20 (2) (c); .

2 Section 6 is amended

(a) by adding the following paragraph:

(c.1) inform local government, first nations and local law enforcement agencies of enforcement action taken by the general manager under sections 20, 22 and 23, , and

(b) by repealing paragraph (d).

3 Section 10 (3) is repealed.

4 Section 11 is repealed and the following substituted:

Licensing area

11 For the purposes of this Act, British Columbia is one licensing area.

Recommendations of local government or first nation on issuance of licence

11.1 (1) A licence of a prescribed class or category must not be issued for an establishment under section 12 unless, in the prescribed circumstances, the general manager has given the local government or first nation for the area in which the establishment is proposed to be located notice of the licence application in accordance with the regulations.

(2) A local government or first nation that receives notice under subsection (1) must, if it wishes to provide comments and recommendations under this section with respect to the licence application,

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

(b) provide the comments and recommendations to the general manager

(i) in the prescribed manner, and

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

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

(i) receiving written comments in response to a public notice of the licence application,

(ii) conducting a public hearing in respect of the licence application,

(iii) holding a referendum, or

(iv) any other similar method determined by the local government or first nation.

(3) Subject to section 11.2, if the local government or first nation recommends that the licence applied for not be issued, the general manager must not issue the licence.

(4) Subject to section 11.2, if the local government or first nation recommends that the licence applied for be issued, the general manager must take that recommendation into account in deciding whether to issue the licence under section 12.

(5) An applicant for a licence under section 12 must not obtain or attempt to obtain the comments or recommendations of the local government or first nation for the area in which the establishment is proposed to be located regarding the licence application until

(a) the completed application is received by the general manager under section 15, and

(b) the general manager has given notice to the local government or first nation under subsection (1) of this section.

General manager's role

11.2 (1) Despite section 11.1, if the general manager is satisfied that

(a) the local government or first nation that provided comments and recommendations under section 11.1 (2) failed to comply with that section, or

(b) the recommendation of the local government or first nation under section 11.1 (3) or (4) is not in the public interest

the general manager, before deciding whether or not to issue the licence under section 12, must provide an opportunity for residents of an area determined by the general manager to provide comments in respect of the licence application.

(2) In order to afford an opportunity for residents to provide comments under subsection (1), the general manager may direct that a public hearing or a referendum be held

(a) in a manner required by the general manager, and

(b) at the applicant's expense.

(3) After providing an opportunity for comments under subsections (1) and (2), if the general manager is of the opinion that

(a) a majority of the residents are in favour of the licence application, the general manager may, subject to subsection (4), issue the licence under section 12, or

(b) a majority of the residents are not in favour of the licence application, the general manager must not issue the licence under section 12.

(4) Despite subsection (3) (a), if a referendum is held under subsection (2), the general manager must not further consider the licence application unless 60% of the residents in the area referred to in subsection (1) who vote, favour the issuing of the licence.

(5) If notice is provided under section 11.1 (1) and the general manager does not receive comments and recommendations from the local government or first nation in respect of the licence application, the general manager must, in deciding whether or not to issue the licence under section 12, take into account

(a) the prescribed criteria referred to in section 11.1 (2) (a), and

(b) in the prescribed circumstances, the views of residents of an area determined by the general manager gathered in any manner in which the local government or first nation may gather them.

Comments of local government or first nation on amendment or renewal of licence

11.3 (1) A licence of a prescribed class or category issued under section 12 must not be amended or renewed under that section unless, in the prescribed circumstances, the general manager has given the local government or first nation for the area in which the licensed establishment is located notice of the proposed amendment or renewal in accordance with the regulations.

(2) A local government or first nation that receives notice under subsection (1) must, if it wishes to provide comments under this section with respect to the proposed amendment or renewal,

(a) take into account the prescribed criteria before providing the comments,

(b) provide the comments to the general manager

(i) in the prescribed manner, and

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

(c) in the prescribed circumstances, gather the views of residents of an area determined by the local government or first nation in respect of the proposed amendment or renewal by any of the methods set out in section 11.1 (2) (c).

(3) If the local government or first nation provides comments, or provides the views of residents, on the proposed amendment or renewal, the general manager must take those comments or views into account in deciding whether or not to amend or renew the licence under section 12.

Local government or first nation may impose fees

11.4 (1) A local government may, by bylaw, impose fees on applicants for the issue, amendment or renewal of a licence under section 12 in order to recover the costs incurred by the local government in

(a) the assessment of licence applications under section 11.1, or

(b) the assessment of proposed amendments and renewals under section 11.3.

(2) A first nation may, by any authorized method, impose the fees described in subsection (1) in order to recover the costs it incurs in conducting the assessments referred to in that subsection.

(3) Fees imposed under subsection (1) or (2) may be different for

(a) different classes or categories of licence applications, amendments or renewals, and

(b) different methods used to conduct the assessments referred to in subsection (1).

Moratorium on licence applications

11.5 (1) A local government or first nation may, by resolution and the operation of subsection (7), create a moratorium on applications under section 15 for the issue of prescribed classes or categories of licences under section 12 that are specified in the resolution.

(2) A resolution adopted under subsection (1) may apply to all or any part of the area over which the local government or first nation has jurisdiction.

(3) A resolution adopted under subsection (1) must specify the effective date of the moratorium.

(4) A resolution adopted under subsection (1) may not apply to a period longer than one year and may only be renewed by resolution for further periods of one year if the local government or first nation

(a) holds a public hearing with respect to the proposed extension, and

(b) is satisfied that a majority of residents in the area to which the resolution applies are in favour of the extension.

(5) Division 4 of Part 26 of the Municipal Act applies to a public hearing held under subsection (4).

(6) A copy of a resolution adopted under subsection (1) must be deposited with the general manager at least 60 days before the effective date of the moratorium in order to be effective on that date.

(7) If the general manager receives a copy of a resolution under subsection (6) and while that resolution is in effect, the general manager must not accept an application under section 15 for a licence

(a) for an establishment proposed to be located in the area to which the resolution applies, and

(b) of the class or category specified in the resolution.

(8) A moratorium created under this section does not apply to those completed applications received by the general manager under section 15 before the effective date of the moratorium.

5 Section 12 (3) is amended

(a) in paragraph (f) by striking out "class of licensee" and substituting "class or category of licensee", and

(b) by striking out "and" at the end of paragraph (h) and by adding the following paragraphs:

(j) specify the manner in which sponsorship by a liquor manufacturer or an agent under section 52 may be conducted and place restrictions on the types of events, activities or organizations that may be sponsored,

(k) specify requirements for reporting and record keeping, and

(l) control signs used in or for an establishment.

6 The following section is added:

Licences for U-Brew or U-Vin establishments

12.1 (1) A person must not, without a licence issued under this section, operate an establishment that provides goods, facilities or services to persons producing or manufacturing wine, beer or cider in the establishment for their own consumption or consumption at no charge by others.

(2) The general manager, having regard for the public interest, may, on application, issue a licence for the operation of an establishment described in subsection (1).

(3) The general manager may, in respect of any licence that is being or has been issued under subsection (1), 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).

(4) Without limiting subsection (3), the terms and conditions referred to in that subsection may

(a) specify requirements relating to the respective roles of the licensee and the person producing or manufacturing in regard to the production or manufacturing process,

(b) limit the days and hours that an establishment is permitted to be open,

(c) place limitations on the consumption of liquor in the establishment,

(d) establish rules regarding advertising by the licensee in respect of the goods, facilities or services offered by the establishment, and

(e) specify requirements relating to the storage of beer, wine or cider in the establishment.

(5) Nothing in subsection (3) or (4) authorizes the general manager to impose terms and conditions that are inconsistent with this Act or the regulations.

(6) A licence issued under this section expires on the date specified on it as the expiry date.

(7) The general manager may, on application by a licensee, amend the terms of, renew or transfer a licence issued under this section.

(8) If the general manager, following application, refuses to issue, amend the terms of, renew or transfer a licence under this section, the general manager must give to the applicant or licensee written reasons for the decision.

7 Section 13 is amended by adding the following subsection:

(3.1) A licensee must be able to demonstrate to the satisfaction of the general manager that the licensee actively supports, through the management of the licensed establishment, the principles of the training programs referred to in subsections (1) and (3).

8 Section 15 (1) is amended by striking out "in the prescribed form" and substituting "in the form approved by the general manager".

9 Section 16 is amended

(a) by repealing subsection (1) and substituting the following subsections:

(1) A licence must not be issued, renewed or transferred if, in the general manager's opinion, the applicant

(a) is not a fit and proper person,

(b) is not the owner of the business carried on at the establishment or the portion of the establishment to be licensed,

(c) is not the owner or lessee of the establishment or the portion of the establishment to be licensed, or

(d) is disqualified under this Act or the regulations or has not complied with the requirements of this Act or the regulations.

(1.1) A licence must not be issued, renewed or transferred if, in the general manager's opinion, the primary purpose of the business carried on at the establishment is not food or beverage service, entertainment or hospitality. ,

(b) in subsection (2) by striking out "subsection (1) (a) (i)" and substituting "subsection (1) (a)", and

(c) by repealing subsection (7).

10 The following section is added:

Refusal to renew or transfer licence for unpaid penalties

16.1 The general manager may refuse to renew or transfer a licence in respect of which a fine, monetary penalty or suspension has been imposed under this Act if, at the date that the renewal or transfer is to take effect,

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

(b) in the case of a monetary penalty,

(i) the monetary penalty has become payable,

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

(iii) the monetary penalty has not been fully paid, or

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

11 Section 18 is amended

(a) in subsection (1) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(c) to a person applying for or holding a licence under section 12.1 who is associated with, connected with or financially interested in a person holding a licence under section 12 or 52, or

(d) to a person applying for or holding a licence under section 12 or 52 who is associated with, connected with or financially interested in a person holding a licence under section 12.1. ,

(b) by repealing subsection (2) and substituting the following subsections:

(2) If any of the conditions referred to in subsection (1) applies to a person who is applying for a licence under this Act, the applicant must disclose the condition to the general manager.

(2.1) If any of the conditions referred to in subsection (1) applies to a licensee after the licence is issued, the licensee must disclose the condition to the general manager.

(2.2) An action or other proceeding must not be brought or commenced in a court in British Columbia in respect of an agreement, arrangement, concession, obligation, undertaking or interest referred to in subsection (1). , and

(c) in subsection (3) by striking out "Subsections (1) and (2) do not apply" and substituting "This section does not apply".

12 Section 20 (1) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) the licensee's contravention of this Act or the regulations or the licensee's failure to comply with a term or condition of the licence; , and

(b) by adding the following paragraph:

(c.1) a failure by the licensee to take reasonable measures to ensure that the operation of the establishment is not contrary to the public interest and does not disturb persons in the vicinity of the establishment; .

13 Section 20 (2) is amended

(a) by repealing paragraph (a), and

(b) by repealing paragraphs (c) and (d) and substituting the following:

(c) impose a monetary penalty on the licensee in accordance with the prescribed schedule of penalties;

(d) suspend all or any part of the licensee's licence in accordance with the prescribed schedule of licence suspensions;

(e) cancel all or any part of the licensee's licence;

(f) order the licensee to transfer the licence, within the prescribed period, to a person who is at arm's length from the licensee.

14 Section 20 is amended

(a) by adding the following subsections:

(2.1) The general manager may, if he or she is satisfied that it is in the public interest to do so,

(a) impose a monetary penalty under subsection (2) (c) that is greater than the amount provided for in the prescribed schedule of penalties, or

(b) suspend a licensee's licence under subsection (2) (d) for a period longer than that provided for in the prescribed schedule of suspensions.

(2.2) The general manager must, in taking action against a licensee under subsection (2.1), take into account

(a) the licensee's entire compliance history in respect of the matters referred to in subsection (1), and

(b) the particular circumstances giving rise to the taking of action by the general manager.

(2.3) The general manager may not impose a monetary penalty referred to in subsection (2.1) (a) that is greater than the following amounts:

(a) $50 000 for a contravention of section 38 (1), and

(b) $25 000 for any other reason referred to in subsection (1) of this section for taking action against the licensee.

(2.4) If a corporation is liable to a monetary penalty imposed under this section in respect of a contravention of this Act or the regulations, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the contravention is also liable to the penalty.

(2.5) A person on whom a monetary penalty has been imposed under this section must pay the penalty whether or not the person

(a) has been convicted of an offence under this Act or the regulations, or

(b) is also liable to a fine for an offence under this Act or the regulations.

(2.6) A monetary penalty imposed under this section must be paid within 30 days after the date on which the notice referred to in subsection (4) (a) is provided to the licensee or within any longer period specified by the general manager.

(2.7) All monetary penalties received by the general manager under this section must be paid into the consolidated revenue fund. ,

(b) by repealing subsection (3) and substituting the following:

(3) Despite subsection (2) (d), (e) and (f), the general manager must suspend, cancel or order the transfer of a licence held by a person who has been convicted of a prescribed number of prescribed offences under the laws of Canada or British Columbia. ,

(c) by repealing subsection (4) and substituting the following:

(4) On taking action against a licensee under subsection (2), the general manager must

(a) provide the licensee with written notice of the action in accordance with the regulations,

(b) set out in the notice the reasons for taking the action,

(c) set out in the notice the details of the action including

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

(ii) if a suspension is imposed, the period of the suspension and the dates on which the suspension must be served, and

(d) include in the notice the time limit and the process for appealing the taking of action to the appeal board. , and

(d) by repealing subsection (5).

15 Section 22 (2) is repealed.

16 Sections 23 (2) is repealed.

17 Sections 24, 25 and 26 are repealed.

18 Section 27 (a) and (b) is amended by striking out "the general manager may" and substituting "the general manager may, in accordance with the regulations,".

19 Sections 28 and 29 are repealed.

20 Section 30 is amended

(a) by repealing subsection (6) and substituting the following:

(6) The appeal board and each member of it has the protection and privileges of a commissioner under section 12 of the Inquiry Act. ,

(b) by repealing subsection (9), and

(c) by adding the following subsection:

(11) A member of the appeal board who resigns or whose appointment to the appeal board terminates may continue to act as a member in relation to an appeal commenced during the member's term of appointment until the appeal is disposed of under section 31 (8).

21 Section 31 is amended

(a) by repealing subsection (2),

(b) in subsection (3) (c) by striking out "under section 12," and substituting "under section 12 or 12.1,",

(c) by adding the following subsections:

(5.1) An appeal brought under subsection (3) does not operate as a stay or suspend the operation of the action, order or decision being appealed.

(5.2) Despite subsection (5.1), the appeal board may grant a stay of any action of the general manager taken under section 20 (2) or (3) until the appeal is disposed of. ,

(d) in subsections (6), (7) and (8) by striking out "subsection (3) (a), (b) or (c)" and substituting "subsection (3)", and

(e) by repealing subsection (9).

22 Section 40 (4) is amended by striking out "an offence under section 41" and substituting "an offence under section 48 (1) in respect of a contravention of section 41".

23 Section 41 (1) is repealed and the following substituted:

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

24 The following section is added:

Public safety programs

45.1 A licensee must

(a) establish, maintain and promote a designated driver program for the licensed establishment in accordance with the regulations, and

(b) provide non-alcoholic beverages, at a reasonable price, to

(i) patrons who have identified themselves as designated drivers, or

(ii) patrons remaining in the establishment after the expiry of the period during which liquor is permitted to be served.

25 Section 48 is repealed and the following substituted:

Offences and penalties

48 (1) A person who contravenes this Act or the regulations commits an offence.

(2) If the person convicted of an offence is an individual, the individual is liable,

(a) if convicted of an offence under this section in respect of a contravention of section 38 (1), to a fine of not more than $50 000 or to imprisonment for not more than 12 months, or to both, or

(b) if convicted of any other offence, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(3) If the person convicted of an offence is a corporation, the corporation is liable,

(a) if convicted of an offence under this section in respect of a contravention of section 38 (1), to a fine of not more than $100 000, or

(b) if convicted of any other offence, to a fine of not more than $50 000.

(4) Subject to the maximum fine referred to in subsection (2) (a), section 4 of the Offence Act continues to apply to a person convicted of an offence under this section in respect of a contravention of section 38 (1) of this Act.

26 Section 49 is amended

(a) by repealing subsections (1) and (2),

(b) in subsection (3) by striking out "municipal" and substituting "local government", and

(c) by repealing subsection (4) and substituting the following:

(4) A licensed establishment that offers adult entertainment must, at the entrance to the licensed establishment, post a notice to inform the public of the nature of the entertainment.

27 Section 51 is repealed and the following is substituted:

Soliciting orders for liquor

51 A person must 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 the regulations.

Advertising liquor

51.1 (1) Except as provided in the regulations, a person must not advertise liquor or the availability of liquor.

(2) Subsection (1) 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.

28 Section 53 (1) is amended by striking out everything after "products" and substituting "to taste, as provided in the regulations."

29 Section 54 is repealed and the following substituted:

Sponsorship

54 A liquor manufacturer or agent under section 52 may, subject to the regulations and the terms and conditions imposed on the licence of the manufacturer or agent by the general manager, sponsor an event, activity or organization under the corporate name of the manufacturer or agent or under the brand name of the product sold by the manufacturer or agent.

30 Section 55 (2) is repealed and the following substituted:

(2) This section does not apply to a person producing or manufacturing wine, beer or cider

(a) in a residence, or

(b) in an establishment licensed under section 12.1

for the person's own consumption or consumption at no charge by other persons.

31 Section 57 (4) is amended by striking out "must" and substituting "may".

32 Section 58 (2) to (5) is repealed and the following substituted:

(2) The person referred to in subsection (1) must, under section 15, apply for a licence.

(3) On receiving the notice under subsection (1), the application and fee under section 15 and payment of the prescribed annual fee, the general manager may, under section 12, issue a licence for the winery, authorizing the licensee to do one or more of the following:

(a) produce or manufacture wine in accordance with the regulations;

(b) store and keep the wine in specified warehouses or storage places;

(c) use the wine for prescribed purposes;

(d) sell the wine to another winery licensed under section 12;

(e) purchase wine from another winery licensed under section 12;

(f) sell the wine and wine produced by other wineries licensed under section 12, in accordance with the regulations, for consumption at the winery.

33 Section 62 is amended by adding the following subsections:

(3.1) Despite subsection (3), the general manager may, in accordance with the regulations, direct the manner in which a toilet, confectionery, culinary, cleaning or disinfecting preparation containing liquor sufficient to be used as an alcoholic beverage must be sold, distributed and kept for sale.

(7) A person must not sell a preparation described in subsection (1), (2), (3) or (3.1) without taking reasonable measures to ensure that the preparation is being purchased for the intended purpose and is not being purchased for use as an alcoholic beverage.

34 Section 70 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) If liquor is found by an officer or peace officer under circumstances that satisfy the officer or peace officer that it is being possessed or kept contrary to this Act or the regulations, the officer or peace officer may immediately seize and remove the liquor and packages containing it and

(a) may retain the liquor and packages to be dealt with under this Act, or

(b) may immediately destroy the liquor and packages.

(2) If liquor is seized under subsection (1) but is not destroyed under subsection (1) (b), and no person by notice in writing filed with the general manager within 30 days of the date of the seizure claims to be the owner of the liquor, the liquor and the packages containing it are forfeited to the government. , and

(b) by repealing subsection (4) and substituting the following:

(4) Only if within 30 days of the date of the seizure of liquor under subsection (1) a person applies to the general manager claiming to be the owner of the liquor, the general manager may, as soon as practicable after receiving notice of the claim, on being satisfied of the person's claim,

(a) in respect of liquor that is still in the custody of an officer or a peace officer, order that the liquor be returned to the owner,

(b) in respect of liquor that has been destroyed by a peace officer under subsection (1) (b), require the police force of which the peace officer who seized the liquor is a member to provide compensation to the owner, or

(c) in respect of liquor that has been destroyed by an officer under subsection (1) (b), provide for compensation to the owner by the branch.

(5) For the purposes of subsection (4) (b) and (c) compensation is limited

(a) if the liquor is or was listed for sale under the Liquor Distribution Act, to the retail price under that Act of the destroyed liquor, or

(b) if the liquor has never been listed for sale under the Liquor Distribution Act, to the replacement value of the liquor as determined as if the liquor were available for purchase through the Liquor Distribution Branch.

35 Section 73 is amended

(a) by repealing subsections (1), (1.1) and (1.2) and substituting the following:

(1) To obtain information respecting the administration or enforcement of this Act or the regulations, the general manager or a person designated by the general manager may

(a) require the licensee to produce any prescribed document relating to the operation of the business licensed under this Act, and

(b) inspect any of the following:

(i) 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 British Columbia,

(ii) premises of any person set apart or used as a warehouse for the storage of liquor, and

(iii) establishments licensed under this Act and records, liquor and other things associated with the operation of the establishment.

(1.1) A person requiring the production of documents or carrying out an inspection under subsection (1) may

(a) retain the documents produced or remove records or things relevant to the inspection for the purpose of making copies or extracts, and

(b) take reasonable samples of liquor for testing and analysis.

(1.2) A person who retains the documents produced, removes records or things or takes a sample must

(a) give a receipt for the documents retained, records or things removed or the sample taken, and

(b) make any copy or extract, and return the documents, records or things retained or removed, within a reasonable time. , and

(b) by repealing subsection (2) and substituting the following:

(2) A person commits an offence if the person neglects or refuses to do any of the following under this section:

(a) produce a document required to be produced;

(b) produce and submit a record or thing for inspection or a sample of liquor;

(c) allow premises to be inspected.

36 Section 76 is amended by adding the following subsection:

(3) If an offence under this Act is alleged to have been committed by a corporation, a violation ticket required to be served under the Offence Act is deemed to have been served on the corporation if it has been served on the officer or agent of the corporation in charge of the establishment in which the offence is alleged to have been committed.

37 Section 82 (1) is amended by adding "or" after paragraph (a) and by repealing paragraph (b).

38 Section 84 (2) is amended

(a) in paragraph (a) by striking out "classes of licences;" and substituting "classes or categories of licences;",

(b) in paragraph (c) by striking out "classes of persons and establishments;" and substituting "classes or categories of persons and establishments;",

(c) by repealing paragraph (g) and substituting the following:

(g) controlling signs used in, for or by agency stores, licensed establishments, liquor manufacturers and agents under section 52;

(g.1) respecting the advertising of liquor or the availability of liquor; ,

(d) by repealing paragraph (i) and substituting the following:

(i) respecting the issue, renewal, transfer and amendment of licences; ,

(e) in paragraph (j) (iv) by striking out "classes of establishments" and substituting "classes or categories of establishments",

(f) by repealing paragraph (o), and

(g) by adding the following paragraphs:

(s) prescribing a schedule of monetary penalties for the purposes of section 20 (2) (c);

(t) prescribing a schedule of licence suspensions for the purposes of section 20 (2) (d);

(u) respecting the purposes for which establishments may be used during any period when the sale of liquor is not permitted;

(v) prescribing the practices and procedures to be followed by the general manager in conducting hearings in respect of enforcement action taken under section 20;

(w) imposing terms and conditions on licences issued under section 52;

(x) respecting public tasting of product samples for the purposes of section 53 (1) and specifying any amounts, or the formula for calculating the amounts, to be charged for the samples;

(y) specifying the manner in which sponsorship by a liquor manufacturer or an agent under section 52 may be conducted and placing restrictions on the types of events, activities or organizations that may be sponsored;

(z) respecting liquor pricing in licensed establishments;

(z.1) respecting the size of portions of liquor served in licensed establishments.

39 Section 84 is amended by adding the following subsections:

(2.1) Regulations made under subsection (2) (g.1) may adopt by reference a code, standard or rule enacted as or under a law of Canada, as amended from time to time.

(2.2) Without limiting subsection (2) (i), the Lieutenant Governor in Council may make regulations providing for the conversion of licences from one class or category to another class or category and the regulations may be different

(a) for different classes or categories of licences, or

(b) for licences of the same class or category that are issued at different times.

(2.3) Regulations made under subsection (2) (s) or (t) may provide for different monetary penalties or licence suspensions according to

(a) the class or category of licence held,

(b) the nature of the circumstances referred to in section 20 (1) on which the monetary penalty or licence suspension is based, including the type or category of contravention of this Act or the regulations involved, or

(c) the number of occurrences of the circumstances referred to in paragraph (b).

40 Section 84 (3) is repealed and the following substituted:

(3) Regulations made under subsection (2) (i) may

(a) in the case of licences under section 12, set terms and conditions respecting all matters relating to the sale of liquor in establishments and all matters relating to the operation of establishments, and

(b) in the case of licences under section 12.1, set terms and conditions respecting all matters relating to the operation of establishments.

41 Section 84 (4) is amended

(a) by striking out "Without limiting subsection (3)," and substituting "Without limiting subsection (3) (a),",

(b) by repealing paragraph (a) and substituting the following:

(a) provide for the issue of different classes or categories of licences for different classes or categories of establishments, ,

(c) by adding the following paragraph:

(d.1) provide for and regulate, in respect of a licence issued to a club, the presence of persons other than club members in the licensed establishment; ,

(d) by repealing paragraph (g) and substituting the following:

(g) specify the allowable seating and patron capacity for different classes or categories of establishments, ,

(e) by repealing paragraph (h) and substituting the following:

(h) specify requirements respecting the availability, service and ordering of foods and non-alcoholic beverages in an establishment, , and

(f) in paragraph (j) by striking out "different classes of establishments." and substituting "different classes or categories of establishments."

42 Section 84 is amended by adding the following subsection:

(4.1) Without limiting subsection (3) (b), the terms and conditions referred to in that subsection may

(a) specify requirements for record keeping and reporting,

(b) specify requirements relating to the respective roles of the licensee and the person producing or manufacturing in regard to the production or manufacturing process,

(c) limit the days and hours that an establishment is permitted to be open,

(d) place limitations on the consumption of liquor in the establishment,

(e) establish rules regarding advertising by the licensee in respect of the goods, facilities or services offered by the establishment, and

(f) specify requirements relating to the storage of beer, wine or cider in the establishment.

43 Section 84 (5) is repealed and the following substituted:

(5) The terms and conditions under subsections (3) (a) and (4) may be different

(a) for different classes or categories of licences prescribed, or

(b) for licences of the same class or category that are issued at different times.

44 Section 5 of the Supplement is repealed.


Liquor Distribution Act

45 The definition of "unlicensed manufacturer" in section 1 (1) of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended by striking out "under section 57 or 58" and substituting "under section 12 or 57".

46 Section 3 is amended by adding the following paragraph:

(h) wine, beer or cider in an establishment licensed under section 12.1 of the Liquor Control and Licensing Act.

47 Section 4 (1) is amended by adding the following paragraph:

(a.1) the person is in possession of the liquor pursuant to a licence issued under section 12.1 of the Liquor Control and Licensing Act; .

48 Section 25 (2) (a) is amended by striking out "in cash".

49 Section 28 is repealed and the following substituted:

Opening of liquor stores

28 The general manager must, by order, specify for each liquor store or agency store the days and hours that store must remain open for the sale of liquor.

Commencement

50 This Act comes into force by regulation of the Lieutenant Governor in Council.


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