Definitions

1  (1)  In this regulation:

"Act" means the Liquor Control and Licensing Act;

"brewery" means the establishment

(a) at which a brewer who is licensed by the government of Canada may, in accordance with that licence, manufacture or keep malt liquor, and

(b) for which a licence referred to in section 57 (4) of the Act is issued;

"contravention" means a matter referred to in the "Contravention" column of Schedule 4;

"distillery" means the establishment

(a) at which a distiller who is licensed by the government of Canada may, in accordance with that licence, manufacture or keep liquor, and

(b) for which a licence referred to in section 57 (4) of the Act is issued;

"endorsement" in relation to a winery licence means a provision of that licence that authorizes the sale or service of wine for consumption in an area of the winery specified by the general manager;

"endorsement area" in relation to a winery licence means the area of the winery to which an endorsement applies;

"finding of contravention" means, in respect of an alleged contravention by a licensee,

(a) an agreement by the licensee under section 64 (3) that the contravention occurred, or

(b) a determination, made by the general manager under section 65, that the contravention occurred;

"Liquor Distribution Branch" means the Liquor Distribution Branch continued under the Liquor Distribution Act;

"lounge" in relation to a food primary licence means the area to which a lounge endorsement applies;

"lounge endorsement" in relation to a food primary licence means a provision of a food primary licence that authorizes a specified area of the licensed establishment to be operated as a lounge;

"manufacture" includes, in relation to liquor,

(a) the packaging or other enclosing of the liquor in containers in or from which the liquor is intended to be distributed to consumers,

(b) the blending of the liquor,

(c) the flavouring of the liquor, and

(d) the brewing, distilling or fermenting of the liquor;

"occupant load" means the least number of persons allowed in an establishment under

(a) the Provincial building regulations,

(b) the Fire Services Act and British Columbia Fire Code Regulation, and

(c) any other safety requirements enacted, made or established by the local government or first nation for the area in which the establishment is located;

"patron capacity", in relation to an establishment, means the maximum number of patrons allowed by the general manager in the area of the establishment designated by the general manager under section 12 (3) (b) of the Act as the area where liquor may be sold or served;

"person capacity", in relation to an establishment, means the maximum number of persons allowed by the general manager in the establishment;

"picnicking area" in relation to a winery licence means the area in a winery to which a picnicking endorsement applies;

"picnicking endorsement" in relation to a winery licence means a provision of a winery licence that authorizes the provision of wine for consumption at the winery in a specified outdoor area of the winery;

"private special occasion" means any of the following events for which a special occasion licence is issued:

(a) an event for the conduct of tastings to acquaint the public with the products of a winery, brewery or distillery, if

(i)  the licensee is the holder of an agent’s licence under section 52 of the Act or a licence for the winery, brewery or distillery,

(ii)  the event is organized and hosted by a person who holds an agent’s licence under section 52 of the Act or a licence for the winery, brewery or distillery, and

(iii)  attendance is limited to the licensee’s members or staff, to invited guests or to persons to whom tickets have been sold or provided before the event;

(b) an event of a social, cultural, recreational, religious, sporting or community nature, if

(i)  the licensee is an individual who is a member of and a representative for a genuine organization,

(ii)  the event is organized and hosted by the organization, and

(iii)  attendance is limited to the organization’s members or staff, to invited guests or to persons to whom tickets have been sold or provided before the event;

(c) a celebration of a family occasion including, without limiting this, a wedding, a christening, a bar mitzvah or other religious occasion, a birthday or a wedding anniversary, if

(i)  a member of the family or a close friend of the family is the licensee and host for the event,

(ii)  attendance at the event is by prior invitation only, and

(iii)  invitations are extended only to family members, friends of the family and those officiating at the event,

but does not include a pre-wedding party commonly known as a bachelor or bachelorette party;

"public special occasion" means an event for a community or public celebration or an event, open to the public, for the conduct of tastings to acquaint the public with products of a liquor manufacturer licensed under the Act or any comparable Act of any other jurisdiction, for which event,

(a) in the case of an event held on a reserve as defined in the Indian Act (Canada), support for the event has been expressed by

(i)  the council of the band that is entitled under that Act to the use of the reserve, or

(ii)  the police having jurisdiction in the reserve,

(b) in the case of an event held in an area under the jurisdiction of an aboriginal governing body, support for the event has been expressed by the aboriginal governing body or by police having jurisdiction in that area, or

(c) for any other event, support for the event has been expressed by the local government or police having jurisdiction in the area;

"special event area", in relation to a winery licence, means the indoor or outdoor areas of a winery to which a special event endorsement applies;

"special event endorsement", in relation to a winery licence, means a provision of that licence that authorizes the provision of wine for consumption at the winery in specified indoor or outdoor areas of the winery;

"tour area" in relation to a winery licence means the area in a winery to which a tour endorsement applies;

"tour endorsement" in relation to a winery licence means a provision of a winery licence that authorizes the provision of wine for consumption at the winery in a specified outdoor area of the winery;

"U-Brew or U-Vin" means an establishment described in section 12.1 of the Act;

"wine" means liquor obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar, including honey and milk;

"wine product" means a product made

(a) from wine, and

(b) by using a method that does not involve the fermentation of that product;

"winery" means the establishment in respect of which a winery licence is issued;

"winery licence" means a licence issued under section 12 of the Act to a person who produces or manufactures wine in British Columbia;

"winery lounge" means the area in a winery to which a winery lounge endorsement applies;

"winery lounge endorsement" means a provision of a winery licence that authorizes the provision of wine for consumption at the winery in a specified indoor area of the winery, or a specified patio area.

(2)  In the Act and in this regulation, "compliance history" means, in respect of a licensee, a record of

(a) the findings of contravention respecting the licensee,

(b) the offences under the Act, and the offences prescribed under section 20 (3) of the Act, of which the licensee has been convicted,

(c) any other matter referred to in section 20 (1) of the Act, and

(d) the enforcement actions to which the licensee was subject as a result of those findings of contravention, offences or matters.

(3)  For the purposes of this regulation, a contravention is committed when the act or omission that constitutes the contravention occurs.

[am. B.C. Reg. 205/2005, s. 1.]

Liquor licensing committee

2  The general manager may appoint a Liquor Licensing Committee consisting of the general manager and any other persons the general manager considers advisable.

Delegation by general manager

3  (1)  The general manager may delegate any of his or her powers, duties and functions under the Act and this regulation to one or more officers or persons or to the Liquor Licensing Committee appointed under section 2.

(2)  If the general manager delegates a power, duty or function to the Liquor Licensing Committee under subsection (1), that power, duty or function must be exercised or performed by a panel of the committee consisting of the general manager as chair of the committee or another member whom the general manager designates as chair and 2 other members of the committee.

Requirement that applicant own or lease establishment

4  (1)  A licence must not be issued or transferred to a person unless that person is

(a) the owner of the establishment to which the licence relates, or

(b) the lessee of the establishment under a lease that does not expire for at least 12 months after the date of issue or transfer of the licence.

(2)  A licence must not be renewed for an establishment unless the licensee is the owner of the establishment to which the licence relates or provides evidence satisfactory to the general manager that the licensee is the lessee of the establishment under a lease of a duration that is satisfactory to the general manager.

General manager may require local approval

5  Before issuing a licence for an establishment, the general manager may require evidence of local government or first nation approvals in relation to the establishment, including any applicable zoning approvals.

Capacity

6  (1)  Before the general manager

(a) approves the issuance of a licence,

(b) approves a structural alteration of or a change to the size of any area of a licensed establishment,

(c) approves a transfer of a licence under section 21 (3) of the Act, or

(d) approves an application for an increase in the person capacity of a licensed establishment,

the general manager must set the person capacity of the establishment, having regard to the public interest and the views of a local government or first nation if provided under section 10 or 53 of this regulation.

(2)  Once the general manager has set the person capacity of an establishment in accordance with subsection (1), the general manager must refuse to issue, amend or transfer a licence for that establishment if the occupant load of the establishment is not equal to the person capacity.

(3)  Despite subsection (2), if the occupant load of an establishment is less than the person capacity of the establishment set under subsection (1), the general manager may issue, amend or transfer the licence for that establishment after reducing the person capacity to equal the occupant load.

(4)  It is a term and condition of a licence that there must not be, in the licensed establishment at any one time, more persons than the person capacity set under subsection (1) or (3).

(5)  This section does not apply to a U-Brew, U-Vin, licensee retail store, distillery, brewery or a winery without a winery lounge endorsement.

Structural alterations

7  Structural alteration of or change to the size of any area of a licensed establishment, except for U-Brews and U-Vins, must not be made without the written authorization of the general manager.

Liquor primary licences and liquor primary club licences

8  (1)  A liquor primary licence in respect of an establishment may be issued, renewed or transferred if the primary purpose of the business carried on in the establishment is beverage service, entertainment or hospitality.

(2)  For the purposes of subsection (1), the primary purpose of the business carried on in the following establishments is not beverage service, entertainment or hospitality:

(a) a facility frequented predominantly by or directed at minors and other young persons;

(b) a theatre as defined in the Motion Picture Act;

(c) a restaurant;

(d) a take-away service;

(e) a motor vehicle;

(f) a video games arcade.

(3)  A liquor primary club licence may be issued, renewed or transferred only in respect of a club.

(4)  Neither a liquor primary licence nor a liquor primary club licence may be transferred from one establishment to another unless the new establishment is considered by the general manager to be

(a) located within a reasonably close distance from the existing establishment, and

(b) within the same community as the existing establishment.

[am. B.C. Reg. 406/2003, s. 1.]

Terms and conditions for liquor primary or liquor primary club licences

9  The following terms and conditions apply to liquor primary licences and liquor primary club licences:

(a) minors are not allowed in the licensed establishment unless

(i)  they are employed or retained as entertainers to entertain in the establishment,

(ii)  they are allowed to be in the establishment by the general manager in the public interest, or

(iii)  the establishment is a stadium, concert hall, convention centre, train, aircraft, motor vessel, airport or any other establishment the primary purpose of which is not the service of liquor and minors are allowed by the general manager to be in the establishment;

(b) subject to limitation by the general manager, hours of liquor service must start no earlier than 9:00 a.m. and end no later than 4:00 a.m. the next day;

(c) unless exempted by the general manager, food and non-alcoholic beverages must be available at reasonable prices to the patrons.

Application for liquor primary or liquor primary club licence

10  (1)  For the purposes of section 11.1 (1) of the Act, a liquor primary licence and a liquor primary club licence are prescribed categories of licences.

(2)  If a person applies for a liquor primary licence or a liquor primary club licence for an establishment, the general manager must give notice of the application to the local government or first nation for the area in which the establishment is located or proposed to be located unless the local government or first nation has indicated that it does not wish to receive notice.

(3)  In considering an application for which notice has been given under subsection (2), the local government or first nation must, in providing comments with respect to the licence application, take into account the following criteria:

(a) the location of the establishment;

(b) the proximity of the establishment to other social or recreational facilities and public buildings;

(c) the person capacity and hours of liquor service of the establishment;

(d) the number and market focus or clientele of liquor primary licence establishments within a reasonable distance of the proposed location;

(e) traffic, noise, parking and zoning;

(f) population, population density and population trends;

(g) relevant socio-economic information;

(h) the impact on the community if the application is approved.

(4)  If the operation of the establishment as a licensed establishment may affect nearby residents, the local government or first nation must gather the views of residents in accordance with section 11.1 (2) (c) of the Act.

(5)  If the local government or first nation wishes to provide comments to the general manager, it must provide the following in writing:

(a) its comments addressing the criteria in subsection (3) of this section;

(b) if it has gathered the views of residents under subsection (4),

(i)  the views of the residents,

(ii)  the method used to gather the views of the residents, and

(iii)  its comments and recommendations respecting the views of the residents;

(c) its recommendations with respect to whether the licence should be issued;

(d) the reasons for its recommendations.

(6)  The written comments referred to in subsection (5) must be provided to the general manager within 90 days after the local government or first nation receives notice under subsection (2), or any further period authorized by the general manager in writing.

Food primary licences

11  (1)  A food primary licence in respect of an establishment may be issued, renewed or transferred if the primary purpose of the business carried on in the establishment is the service of food during all hours of its operation.

(2)  The following terms and conditions apply to a food primary licence:

(a) minors are allowed in the establishment;

(b) liquor must not be served unless the establishment is open for service of a varied selection of food items, including both appetizers and main courses, or their equivalent;

(c) subject to limitation by the general manager, hours of liquor service must start no earlier than 9:00 a.m. and end no later than 4:00 a.m. the next day.

(3)  The general manager may consider, in determining whether the primary purpose of the business carried on in the establishment is or will be the service of food during all hours of its operation, any or all of the following:

(a) kitchen equipment;

(b) furnishings and lighting;

(c) menu;

(d) type and hours of entertainment and games offered by the licensee;

(e) advertising;

(f) hours of operation;

(g) financial records;

(h) the ratio of receipts from food sales to receipts from liquor sales in the establishment;

(i) any other relevant consideration that may assist in the determination.

Endorsement for lounge

12  (1)  A person who holds a food primary licence or who is applying for a food primary licence in respect of an establishment that has a person capacity of at least 50 may apply for a lounge endorsement.

(2)  The general manager must set the person capacity of any area in respect of which a lounge endorsement is sought at the lesser of

(a) 40 persons, and

(b) 20% of the person capacity of the interior of the principal area of the licensed establishment.

(3)  The general manager may approve 2 lounges for the same licensed establishment if the person capacity of each of the lounges does not exceed the person capacity in subsection (2) and one of the lounges is located on a patio.

(4)  If approval is given for 2 lounges under subsection (3) and both lounges are open for liquor service at the same time, the total at any one time of the number of persons in one of those lounges plus the number of persons in the other lounge must not exceed the number set by the general manager under subsection (2).

(5)  The following terms and conditions apply to a lounge endorsement:

(a) food service must be available in the lounge;

(b) the licensee must not serve liquor in the lounge if the primary dining area of the licensed establishment is not open for service of its full food menu and liquor service;

(c) the lounge must, in the opinion of the general manager, appear to be an area that is distinct from the primary dining area of the licensed establishment.

Dual licensing

13  (1)  Subject to subsection (2), a liquor primary licence and a food primary licence must not be issued in respect of the same establishment.

(2)  Subsection (1) does not apply to an establishment if

(a) the licensee for the establishment would, but for subsection (1) of this section, hold, in respect of the establishment, a liquor primary licence and a food primary licence, as a result of the operation of Part 8,

(b) the licences referred to in paragraph (a) remain in good standing, and

(c) all renewals of or amendments to the licences referred to in paragraph (a) are effected in accordance with this regulation.

Licensee retail stores

14  (1)  Subject to subsection (2), a licence may be issued, renewed or transferred in respect of a licensee retail store, and the following terms and conditions apply to a licensee retail store licence:

(a) all types of liquor may be sold, subject to limitation by the general manager in the licence;

(b) subject to limitation by the general manager in the licence, the hours of liquor service must start no earlier than 9 a.m. and end no later than 11 p.m.;

(c) minors accompanied by a parent or guardian are allowed in the establishment;

(d) packaged snacks, liquor related items and other items authorized by the general manager may be sold;

(e) Repealed. [B.C. Reg. 81/2003.]

(f) despite section 46, entertainment and games are not allowed;

(g) consumption of liquor within a licensee retail store is not allowed except as authorized by the general manager.

(2)  A licence must not be issued under subsection (1) unless an application for the licence was received by the general manager on or before 4:30 p.m. on November 29, 2002.

(2.1)  For the purposes of this section, a reference in subsection (2) to "an application for the licence" includes an application for the licence as that application was amended or transferred by an application made before, on or after November 29, 2002.

(3)  A licence in respect of a licensee retail store must not be issued, renewed or transferred unless

(a) the applicant for the licence or the licensee, as the case may be, is also the licensee of a liquor-primary establishment,

(b) the licence referred to in paragraph (a) for the liquor-primary establishment referred to in that paragraph

(i)  had been issued or applied for at the time that the application for the licensee retail store licence was made, and

(ii)  had been identified as the qualifying licence in the application for the licensee retail store licence or, if it was not so identified in the application, has been identified as the qualifying licence by the general manager,

(c) one of the following applies to the liquor-primary establishment in respect of which the qualifying licence was issued:

(i)  the area in which the liquor-primary establishment is located is under the jurisdiction of the same local government or first nation as is the area in which the licensee retail store is located;

(ii)  the liquor-primary establishment is within 5 km of the licensee retail store, and

(d) in the opinion of the general manager, the licensee retail store does not appear to be associated with another business in the near vicinity.

(4)  Subsection (5) applies to an application, made after the coming into force of this subsection, to

(a) amend an application referred to in subsection (2) by changing the establishment to which the proposed licensee retail store licence is to apply, or

(b) transfer a licensee retail store licence to a new establishment.

(5)  An application referred to in subsection (4) must not be approved unless

(a) the proposed new establishment is at least 0.5 km from

(i)  the site of any existing licensee retail store, and

(ii)  the site of any establishment to which an application referred to in subsection (2) relates, or

(b) the general manager otherwise approves.

[am. B.C. Regs. 81/2003; 406/2003, s. 2; 379/2004, s. 1; 20/2007.]

Special occasion licences

15  (1)  The general manager must determine how frequently special occasion licences may be issued to an applicant and the days and hours during which each special occasion licence will be in effect.

(2)  A person issuing a special occasion licence under section 7 of the Act must endorse on the licence the maximum retail prices at which liquor may be sold and, except in the case of charitable events, the maximum retail prices of drinks served are to be set so as to recover only the operating costs of the event.

(3)  For the purposes of section 35 (c) of the Act, minors may be in a licensed establishment when a special occasion licence is in effect.

(4)  The local police authority or a delegate of the general manager must approve the application for a special occasion licence before that licence is issued.

(5)  If the general manager delegates to a person other than a member of the local police authority the power to approve an application for a special occasion licence, the person issuing the special occasion licence must, if directed to do so by the general manager, inform the local police authority, before the event to which the licence relates, of the nature, time and place of the event.

(6)  All liquor that is sold or served under a special occasion licence must be sold or served and consumed in the licensed establishment.

(7)  Subject to subsection (8) of this section, a person must not in any advertisement or other promotion of an event indicate that liquor will be sold or served.

(8)  In the case of an event held under a public special occasion licence, at which a number of manufacturers of wine, beer or other liquor are conducting tastings at one location, the event organizer may advertise the name of the event followed by the names of the participating liquor manufacturers.

(9)  If an event for which a special occasion licence is to be issued is to be held on lands or premises owned or operated by a local government or first nation or by the Provincial or Federal Government, the applicant must, before issuance of the licence, produce written permission for the event signed by an authorized official of that government or first nation.

(10)  A licensed establishment in which liquor is sold or provided under a special occasion licence must be enclosed and all means of access to the establishment must be supervised to the satisfaction of the local police authority.

(11)  Promptly after a special occasion licence has been cancelled or suspended under section 7, 20 or 22 of the Act, the licensee must surrender the licence to the general manager or to a delegate of the general manager.

Conditions for issue or renewal of a winery licence

16  (1)  A person who applies for a winery licence, or for the renewal of a winery licence, must, in addition to complying with the requirements of section 4, own or lease, under a lease that does not expire for at least 12 months after the date of the issue or renewal of the winery licence, the following equipment and facilities:

(a) fermentation tanks or barrels;

(b) filtering equipment;

(c) a secure storage area.

(2)  The equipment and facilities required by subsection (1) must be adequate for the production of at least 4 500 litres of wine per year.

(3)  To be eligible for a winery licence, an applicant must demonstrate, to the satisfaction of the general manager, an intention to ferment in each year at least 4 500 litres of wine owned by the applicant.

(4)  To be eligible for the renewal of a winery licence, a licensee must have fermented in each year at least 4 500 litres of wine owned by the licensee.

(5)  Despite subsection (4), the general manager may, having regard for the public interest, renew a winery licence if a licensee is unable to produce at least 4 500 litres of wine per year because of

(a) crop failure,

(b) standard agricultural practices that result in the temporary loss of sufficient fruit to meet the winery's normal production volumes, or

(c) an event that, in the opinion of the general manager, is beyond the control of the licensee.

(6)  A licensee must not use the establishment in respect of which the licence was issued

(a) for any purpose other than that authorized under the licence, or

(b) for the manufacture of any liquor, other than

(i)  wine owned by the licensee,

(ii)  liquor owned by another person who is licensed under the Act, or

(iii)  wine that is owned by a winery in another jurisdiction.

(7)  An applicant or licensee who manufactures a wine product by a unique process, and who demonstrates the uniqueness of the process in a manner acceptable to the general manager, is exempt from the requirements of subsections (1) (a) and (b), (2), (3) and (4).

Record keeping and reporting requirements

17  (1)  For the purposes of administering and enforcing the Act and this regulation, a person who holds a winery licence must, in a manner acceptable to the general manager, maintain the following documents and records:

(a) source documents including, without limiting this, business structure documents, invoices, receipts and bank statements;

(b) records including, without limiting this, the general financial ledger, general production and inventory ledger and winemaker's journal.

(2)  In addition to the requirements under section 34, a person who holds a winery licence must make available for inspection, at the request of the general manager or his or her designate, records of the following information as applicable:

(a) records of tonnage of grapes or fruit harvested;

(b) purchase records for grapes or fruit purchased indicating the type, source and tonnage of the grapes or fruit;

(c) purchase records for juice or concentrate purchased indicating the type, source and volume of the juice or concentrate;

(d) purchase records for bulk and bottled wine purchased indicating the type, source and volume of the bulk and bottled wine;

(e) purchase records for additives to wine such as alcohol and sugar indicating the source and volume of the additives;

(f) production records for bulk and bottled wines;

(g) records of the movement and disposition of bulk and bottled wine that is transferred from one location to another for sale or export;

(h) records of the disposition of wine by spillage, sampling and tasting.

(3)  The information required by subsection (2) must be recorded on an ongoing basis.

Endorsement for winery lounge or special event area at winery

18  (1)  A licensee holding a winery licence or an applicant for a winery licence may apply for a winery lounge endorsement or a special event endorsement, and this section applies only to those endorsements and the applications and endorsement areas applicable to them.

(2)  An endorsement area must be

(a) owned by or leased to the licensee who was granted the endorsement, and

(b) except in the case of a special event area, located on or immediately adjacent to the primary manufacturing site of the winery in respect of which the winery licence is issued.

(3)  Subject to limitation by the general manager, hours of liquor service authorized by an endorsement must start no earlier than 9:00 a.m. and end no later than 4:00 a.m. the next day.

(4)  A minor is not allowed to be present in an endorsement area unless the minor is

(a) accompanied by a parent or guardian, or

(b) employed or retained as an entertainer to entertain in the licensed establishment.

(5)  The areas that constitute a special event area may be located indoors or outdoors and must be

(a) in a location approved by the general manager, and

(b) of a size and configuration approved by the general manager.

(6)  Unless otherwise authorized by the general manager, food and non-alcoholic beverages must be available at reasonable prices to customers in a winery lounge or special event area.

(7)  The sale or service of liquor in a winery lounge or special event area is restricted to wine manufactured and bottled in British Columbia.

(8)  If a licensee holding a winery licence or an applicant for a winery licence applies for an endorsement under subsection (1) in respect of the winery, the general manager must give notice of the application to the local government or first nation for the area in which the winery is located unless the local government or first nation has indicated that it does not wish to receive notice.

(9)  In considering an application for which notice has been given under subsection (8), the local government or first nation must, in providing comments with respect to the application, take into account the following criteria:

(a) the location of the winery lounge or special event area;

(b) the proximity of the winery lounge or special event area to other social or recreational facilities and public buildings;

(c) in the case of a winery lounge, the person capacity of that winery lounge;

(d) hours of liquor service of the winery lounge or special event area;

(e) traffic, noise, parking and zoning;

(f) the impact on the community if the application is approved.

(10)  If the operation of a winery lounge or special event area may affect nearby residents, the local government or first nation must gather the views of residents of an area determined by the local government or first nation.

(11)  If the local government or first nation wishes to provide comments to the general manager, it must provide the following in writing:

(a) its comments addressing the criteria in subsection (9);

(b) if it has gathered the views of residents under subsection (10),

(i)  the views of the residents,

(ii)  the method used to gather the views of the residents, and

(iii)  its comments and recommendations respecting the views of the residents;

(c) its recommendations with respect to whether the endorsement should be issued;

(d) the reasons for its recommendations.

(12)  The written comments referred to in subsection (11) must be provided to the general manager within 90 days after the local government or first nation receives notice under subsection (8), or any further period authorized by the general manager in writing.

(13)  If under subsection (11) (c), the local government or first nation recommends that an endorsement be issued, the general manager must take that recommendation into account in deciding whether to issue the endorsement.

(14)  Subject to subsection (15), the general manager must not approve an application that is not supported by the local government or first nation.

(15)  The general manager need not comply with subsection (14) if the general manager is satisfied that

(a) the local government or first nation did not comply with the requirements of this section, or

(b) the recommendation provided by the local government or first nation is contrary to the public interest.

(16)  If, after notice is provided to the local government or first nation under subsection (8), the local government or first nation informs the general manager that the local government or first nation will not provide input to the general manager in respect of the application or does not respond to the notice within the time allowed under subsection (12), the general manager may, in deciding whether or not to approve the application, take into account

(a) the criteria in subsection (9), and

(b) any other matters the general manager considers relevant.

(17)  In a case to which subsection (16) applies, the general manager must, before deciding whether or not to approve an application, provide an opportunity for residents of an area determined by the general manager to provide comments in respect of the application unless the general manager is satisfied that that opportunity has already been provided by the local government or first nation.

(18)  In order to provide an opportunity for residents to provide comments under subsection (17), the general manager may direct that, at the applicant’s expense,

(a) a public comment process be held in a manner required by the general manager, or

(b) the applicant post a public notice of the application at the locations, in the manner and form and with content that is satisfactory to the general manager.

(19)  After providing an opportunity for comments under subsections (17) and (18), the general manager

(a) may, if the general manager is of the opinion that the residents are not opposed to the application, approve the application, and

(b) must not approve the application if the general manager is of the opinion that the residents are not in favour of the application.

(20)  Despite subsection (19), if, under subsection (18), the general manager directs that a referendum be held for residents of an area specified by the general manager, the general manager must not approve the application unless 60% of the residents in the specified area who vote in the referendum favour approving the application as presented.

[am. B.C. Reg. 205/2005, ss. 2 and 3.]

Picnicking areas and tour areas

18.1  (1)  A licensee holding a winery licence or an applicant for a winery licence may apply for a picnicking endorsement or a tour endorsement, and this section applies only to those endorsements and to the applications and endorsement areas applicable to them.

(2)  An endorsement area must be owned by or leased to the licensee who was granted the endorsement.

(3)  Subject to subsection (4), wine may be consumed within a winery’s endorsement area.

(4)  Wine consumed in a winery’s endorsement area must be produced at a winery and must be

(a) purchased from the licensee, if that licensee is an agent within the meaning of the Liquor Distribution Act,

(b) purchased from an area of the winery to which a winery lounge endorsement or a special event endorsement applies, or

(c) provided by the licensee from the sampling room of the winery.

(5)  Minors are allowed to be present in an endorsement area unless otherwise restricted by the general manager.

(6)  A picnicking area must be

(a) located outdoors, in a location approved by the general manager,

(b) defined by a clearly identifiable boundary, and

(c) of a size and configuration approved by the general manager, but not larger than 1 000 square metres.

(7)  A tour area may be located indoors or outdoors and must be

(a) in a location approved by the general manager, and

(b) of a size and configuration approved by the general manager.

(8)  Hours of liquor consumption in an endorsement area must start no earlier than 9:00 a.m. and end no later than dusk unless otherwise authorized or limited by the general manager.

[en. B.C. Reg. 205/2005, s. 4.]

Repealed

19  Repealed. [B.C. Reg. 205/2005, s. 5.]

Maximum quantity of product samples

20  For the purposes of section 53 (1) of the Act, product samples may be offered free of charge in a sampling room designated by the general manager under that section, but the total volume of product samples that may be sold to a person during a day must be no more than

(a) 150 millilitres for a winery, and

(b) 375 millilitres for a brewery.

Definitions

21  In this Division:

"bottle" includes a can, keg, cask or other container or package into which beer, wine or cider is placed after it is removed from a carboy;

"carboy" means a container used for the aging or storage of beer, wine or cider;

"customer" means a person who pays a fee to produce or manufacture beer, wine or cider in a U-Brew or U-Vin;

"licensee" means a person holding a licence under section 12.1 of the Act to operate a U-Brew or U-Vin.

Payment, acknowledgment and invoice required

22  (1)  A licensee must ensure that a customer is not allowed to begin producing or manufacturing his or her beer, wine or cider in the U-Brew or U-Vin unless the customer first

(a) pays the licensee

(i)  for the ingredients to make the beer, wine or cider, or

(ii)  if the customer brings his or her own ingredients into the U-Brew or U-Vin, for the manufacturing facilities or services to be provided, and

(b) provides the licensee with an acknowledgment, signed by the customer, that the beer, wine or cider is being made by the customer for his or her own consumption or consumption at no charge by other persons.

(2)  When a customer pays for the ingredients, facilities or services referred to in subsection (1) (a), the licensee must ensure that the customer is provided with an invoice that sets out the following information:

(a) the name and telephone number of the customer;

(b) the type and quantity of beer, wine or cider to be made;

(c) the date and the amount of payment received from the customer;

(d) the name, address and telephone number of the licensee.

Role of the customer in the production process

23  (1)  Subject to subsections (2) and (3), a licensee must ensure that the customer performs the following tasks in producing or manufacturing beer, wine or cider in the U-Brew or U-Vin:

(a) combining or mixing ingredients with any of the following:

(i)  beer wort;

(ii)  fruit;

(iii)  wine or cider juice;

(iv)  concentrate;

(v)  fermentable liquids;

(b) if enzymes or yeast are required to begin the fermentation process, adding the enzymes or yeast to the materials referred to in paragraph (a) or to any other raw material of beer, wine or cider;

(c) removing or defacing commercial labels and sterilizing bottles in preparation for bottling;

(d) placing the beer, wine or cider in bottles;

(e) labelling, corking, capping or shrink wrapping the bottles of beer, wine or cider;

(f) removing the bottled beer, wine or cider from the U-Brew or U-Vin.

(2)  The customer may be accompanied by one or more persons to assist the customer in performing the tasks described in subsection (1) as long as those persons are not associated with the operation of the U-Brew or U-Vin.

(3)  The licensee or his or her employees may also assist the customer in performing the tasks described in subsection (1) but each of those tasks must be primarily performed by the customer unless the customer is physically incapable of performing that task alone.

Licensee or employee production

24  A licensee or any of his or her employees may produce or manufacture beer, wine or cider in the off-site U-Brew or U-Vin for their own off-site consumption or for off-site consumption by others at no charge, but the beer, wine or cider

(a) must be labelled as belonging to the licensee or employee,

(b) must not be stored in the licensed establishment after bottling, and

(c) must not be used for any purpose within the licensed establishment.

Storage requirements

25  (1)  A licensee must ensure that each carboy containing a customer's ingredients has a tag setting out the customer's name and the date any enzymes or yeast were added.

(2)  A licensee must not remove a customer's beer, wine or cider from the U-Brew or U-Vin for any purpose before bottling.

No consumption other than tasting

26  (1)  Subject to subsection (2), a licensee must not allow the consumption of beer, wine or cider at the U-Brew or U-Vin.

(2)  A licensee may allow a customer to taste no more than 2 samples of the customer's beer, wine or cider before completion of bottling but a sample must not exceed 100 millilitres.

Customer required to bottle own product

27  A licensee must not allow anyone other than the customer from whose ingredients beer, wine or cider was produced or manufactured or a person assisting that customer under section 23 (2) or (3) to place the finished product in bottles.

Removal of finished product required

28  (1)  A licensee must ensure that the customer removes his or her beer, wine or cider from the U-Brew or U-Vin immediately after bottling and must not allow the customer to store, for any purpose, the beer, wine or cider that has already been bottled at the U- Brew or U-Vin.

(2)  A licensee must not deliver a customer's beer, wine or cider.

Sales prohibited

29  A licensee must ensure that beer, wine or cider is not kept for sale, offered for sale, produced for sale or sold at the U-Brew or U-Vin.

Minors

30  (1)  A licensee must not employ a minor in the operation of the U-Brew or U-Vin unless the minor is under the direct and continual supervision of the licensee or an adult employee of the licensee.

(2)  A licensee must ensure that minors are not allowed to produce or manufacture beer, wine or cider at the U-Brew or U-Vin.

(3)  Minors accompanied by a parent or guardian are allowed to be present at the U-Brew or U-Vin.

Record keeping and reporting requirements

31  (1)  In addition to the requirements under section 34, a person who holds a U-Brew or U-Vin licence must make available for inspection, at the request of the general manager or his or her designate, records of the following information:

(a) purchase records for all of the ingredients used in the manufacture or production of beer, wine or cider in the U-Brew or U-Vin indicating the source and volume of the ingredients;

(b) copies of invoices provided to customers under section 22 (2);

(c) records of the type and quantity of beer, wine or cider produced or manufactured by the licensee or his or her employees under section 24;

(d) records detailing the disposition of any beer, wine or cider that is spoiled, spilled, unclaimed or returned to the licensee.

(2)  A licensee must maintain the records in subsection (1) for at least 3 years.

(3)  A licensee must submit to the general manager semi-annual reports in the form specified by the general manager outlining the volume of beer, wine and cider manufactured or produced in the U-Brew or U-Vin during the periods specified by the general manager.

Advertisements

32  (1)  A licensee may do only the following in any advertisement relating to the U-Brew or U-Vin:

(a) state that the U-Brew or U-Vin is licensed to provide goods, facilities or services for the production or manufacturing of beer, wine or cider by customers;

(b) state the name of the U-Brew or U-Vin and its address and phone number;

(c) provide a list of the goods, facilities and services available at the U-Brew and U-Vin and their prices;

(d) advertise the availability of specific types of ingredients for the production or manufacturing of beer, wine or cider at the U-Brew or U-Vin.

(2)  Any advertisement placed by or on behalf of a licensee must clearly state that the prices advertised represent the cost of producing or manufacturing the beer, wine or cider at the U-Brew or U-Vin and do not refer to the price of the finished product.

(3)  A licensee must not provide any person with a sample of beer, wine or cider that is, or may be available to be, produced or manufactured at the U-Brew or U-Vin.

Hours of operation

33  Subject to limitation by the general manager in the licence issued under section 12.1 of the Act, the hours of operation for a U-Brew or U-Vin must start no earlier than 9 a.m. and end no later than 11 p.m.

Production of records

34  For the purposes of section 73 (1) of the Act, the following documents are prescribed in relation to a licensee:

(a) liquor purchase records;

(b) liquor sales records;

(c) liquor disposal records;

(d) food sales records;

(e) sales records respecting other merchandise or services provided by the licensee that are incidental to the business of the licensed establishment;

(f) agreements and contracts between the licensee and a liquor manufacturer or its agent or representative;

(g) invoices and purchase receipts for all equipment and other inventory used in the operation of the licensed establishment;

(h) lease and management contracts related to the licensed establishment;

(i) employee records including names, addresses, salaries, primary job responsibilities, shift schedules and dates of employment;

(j) records of any incidents or events that occurred in or adjacent to the licensed establishment;

(k) records of court orders and judgments against a licensee respecting the sale, service or manufacture of liquor;

(l) records of the quantity and price of liquor servings.

Purchase of liquor

35  (1)  A licensee must not purchase liquor for the licensed establishment unless, at the time of the purchase, the licensee identifies himself or herself as a licensee and that purchase is made from

(a) a liquor store designated in writing by the general manager, or

(b) another person designated by the Liquor Distribution Branch.

(2)  Subsection (1) does not apply to a licensed manufacturer of wine in respect of purchases of wine by that licensee from another licensed manufacturer of wine.

(3)  A licensee must maintain a register of all liquor purchased and received by the licensee under a licence.

Sale of liquor purchased under licence

36  A licensee must not, under the authority of one licence, sell or provide liquor purchased under another licence, unless otherwise authorized by the general manager.

Posting floor plan and licence

37  A licensee must

(a) post his or her licence in a conspicuous place in the licensed establishment, and

(b) provide access to the approved floor plan of the licensed establishment on request of the general manager.

Adjoining areas and separation

38  (1)  A licensed establishment must be separated from an unlicensed area in a manner that is satisfactory to the general manager.

(2)  If one licensed establishment in respect of which one category of licence has been issued adjoins another licensed establishment in respect of which a different category of licence has been issued, the establishments must be separated in a manner that is satisfactory to the general manager.

Extension of hours for New Year's Eve

39  Despite any limits placed on the hours of liquor service of an establishment in respect of which a liquor primary licence, liquor primary club licence, winery licence or food primary licence has been issued, the general manager may extend the time stated on the licence for the hours of liquor service on December 31 to a time not later than 4:00 a.m. on January 1.

Dispensing liquor

40  (1)  Unless otherwise authorized by the general manager, all liquor served in a licensed establishment must be dispensed from the original container in which the liquor was purchased from the Liquor Distribution Branch.

(2)  A licensee must ensure that any automatic liquor-dispensing devices authorized by the general manager and used in the licensed establishment are used in accordance with the Act, this regulation and the terms and conditions of the licence.

(3)  The dispensing of liquor at a service bar, or the addition of any non-alcoholic liquid to liquor in the preparation of an alcoholic drink, must be done in full view of the patrons.

Liquor prices

41  (1)  A licensee must, at the beginning of each day, set the price at which liquor is to be sold during that day.

(2)  A licensee must not

(a) provide unlimited or unspecified quantities of liquor for a single price,

(b) use a sales strategy that is likely to promote or encourage intoxication, or

(c) except in the case of a licensee retail store, alter the price of liquor during a day after it has been set for that day under subsection (1).

(3)  A licensee must make available to patrons a list that shows, for all types of liquor sold in the licensed establishment, the quantities in which and prices at which the liquor is sold.

[am. B.C. Reg. 205/2005, s. 6.]

Consumption of liquor in licensed establishments

42  (1)  A person must not consume liquor in a licensed establishment unless that liquor has been purchased from or served by the licensee of that licensed establishment.

(2)  A licensee must not allow consumption in the licensed establishment of liquor that was not purchased from or served by the licensee.

(3)  A licensee, and the employees of the licensee, must not consume liquor while working in the licensed establishment.

(4)  All liquor sold or served in a licensed establishment must be consumed there, and the licensee must not allow liquor, other than the following, to be taken from the licensed establishment:

(a) a bottle of wine that is unfinished by a patron and sealed by the licensee before being taken by that patron from the licensed establishment;

(b) liquor that is sold for consumption off premises in accordance with the Act, this regulation and the terms and conditions of the licence.

(5)  A licensee who seals an unfinished bottle of wine in accordance with subsection (4) (a) must inform the patron of the requirements of section 44 of the Act.

(6)  This section does not apply to a U-Brew or U-Vin.

Beverage service training

43  (1)  For the purposes of this regulation and section 13 of the Act, "training program" means the training program entitled "Serving It Right: The Responsible Beverage Service Program", delivered under the auspices of a person or organization approved by the general manager.

(2)  For the purposes of section 13 (1) of the Act, the following licence categories are prescribed:

(a) winery licences containing an endorsement referred to in section 18 of this regulation;

(b) winery licences and brewer's licences issued to establishments that provide samples in a sampling room designated by the general manager under section 53 (1) of the Act;

(c) liquor primary licences, liquor primary club licences, food primary licences, licensee retail store licences and special occasion licences.

(3)  For the purposes of section 13 of the Act, the training program is prescribed.

(4)  Repealed. [B.C. Reg. 133/2007, s. (a).]

(5)  Successful completion of the training program by each person must be evidenced by a certificate of completion issued in the name of that person by an authority approved by the general manager.

(6)  Repealed. [B.C. Reg. 133/2007, s. (a).]

(7)  The following persons in the following situations are exempt from the requirement to complete the training program:

(a) an unpaid manager or unpaid server in a club that is operated under a liquor primary club licence;

(b) subject to any terms and conditions imposed under section 12 (2) and (3) of the Act, a server in a food primary establishment;

(c) an unpaid server in an establishment licensed under a private special occasion licence or a public special occasion licence;

(d) a person in whose name a private special occasion licence is issued, unless that person is acting on behalf of an organization, association or other organized group of persons.

(8)  Subject to subsection (7) of this section, before allowing a person to manage or serve liquor in a licensed establishment to which section 13 of the Act applies, the licensee must verify that the person has successfully completed the training program.

(9)  A person who claims to have successfully completed the training program must produce his or her certificate of completion when requested to do so by the general manager, an officer of the Liquor Control and Licensing Branch or a peace officer.

[am. B.C. Regs. 448/2004, s. (a); 133/2007, ss. (a) and (b).]

Time

44  (1)  Unless otherwise authorized by the general manager,

(a) liquor primary licensees and liquor primary club licensees must ensure that patrons are cleared from the licensed establishment within 1/2 hour after the time stated on the licence for the hours of liquor service, and

(b) food primary licensees must ensure that liquor is taken from patrons within 1/2 hour after the time stated on the licence for the hours of liquor service, unless the liquor is a bottle of wine that is sealed in accordance with section 42 (4) (a).

(2)  Unless otherwise authorized by the general manager, if a licensee has been issued a licence, other than a food primary licence, in respect of an establishment, the licensee must not allow patrons to enter the licensed establishment during the hours when liquor service is not allowed by the licence.

(3)  Unless otherwise authorized by the general manager, a licensee must not allow a person to consume liquor in the licensed establishment beyond 1/2 hour after the time stated on the licence for the hours of liquor service.

(4)  A person must not consume liquor in a licensed establishment beyond the time allowed for consumption under subsection (3) in that licensed establishment.

(5)  A reference to time in this regulation or in a licence is a reference to the local time observed at the place of the licensed establishment.

Minors

45  (1)  For the purposes of section 33 (5) of the Act, identification means both of the following:

(a) one of the following:

(i)  a passport;

(ii)  a driver's licence that displays a photograph and the date of birth of the holder;

(iii)  an identification card, issued by a government agency, that displays a photograph and the date of birth of the holder;

(b) one other piece of identification that displays

(i)  the person's name, and

(ii)  one or both of the person's signature and picture.

(2)  and (3) Repealed. [B.C. Reg. 19/2007, s. 1.]

(4)  A licensee must not allow a minor to have liquor in his or her possession in the licensed establishment unless the licence issued for that establishment is a food primary licence or a liquor primary licence for a stadium and the minor is working as a server in the establishment.

[am. B.C. Reg. 19/2007, s. 1.]

Entertainment and games

46  (1)  A licensee may provide entertainment and games that are authorized by the general manager.

(2)  Entertainment and games provided in an establishment in respect of which a food primary licence has been issued must not result in the operation of the establishment in a manner that is contrary to the primary purpose of the business being the service of food during all hours of the establishment's operation.

(3)  Despite subsections (1) and (2), a local government may, by bylaw, or a first nation may, by any lawful means provided under the Indian Act (Canada) or authorized by a treaty with the government of Canada and British Columbia, restrict or prohibit the type of entertainment or games allowed in a licensed establishment.

(4)  A licensee must not offer or condone entertainment or games activities that may jeopardize patron or public safety.

Off premises sales

47  (1)  The general manager may endorse a liquor primary licence and a liquor primary club licence for off premises sales if

(a) the licence results from a renewal, amendment or transfer of a licence already so endorsed,

(b) a written application for the endorsement was received by the general manager before June 5, 2000, or

(c) the establishment in respect of which the endorsement is sought is at least 30 kilometres from each of the following:

(i)  a liquor store;

(ii)  a licensee retail store;

(iii)  an establishment the licence for which has been endorsed for off premises sales.

(2)  If a licence is endorsed for off premises sales,

(a) subject to paragraph (b), off premises sales are allowed only during hours of liquor service allowed on the licensee's licence,

(b) no off premises sales may be made after 11 p.m.,

(c) no liquor, other than coolers, beer, cider and wine, may be sold for off premises consumption, and

(d) off premises sales must be made from the primary service bar area of the licensed establishment.

(3)  Despite subsection (2) (d), a licensee may offer off premises sales from an area of the licensed establishment other than the primary service bar area if the first mentioned area was approved for off premises sales by the general manager before June 5, 2000.

Room service

48  (1)  A licensed establishment offering overnight accommodation to registered guests may sell and serve liquor to registered guests in their rooms if

(a) that sale and service is done only during the hours of liquor service allowed on the licensee's licence,

(b) the types of liquor sold and served in this way are allowed for sale and service by the terms and conditions of the licence, and

(c) the establishment offers room service meals to registered guests.

(2)  A licensed establishment referred to in subsection (1) may, unless restricted from doing so by the terms and conditions of its licence, provide a minibar service through which liquor may be purchased at any time in guest rooms.

Stadiums

49  If a liquor primary licence is issued in respect of a stadium, the following terms and conditions apply:

(a) beverages must be served in plastic, paper or other disposable containers, unless otherwise authorized by the general manager;

(b) liquor must not be sold at an activity or event without the written consent of the organizer or promoter sponsoring the activity or event;

(c) the licensee must designate areas of the stadium's tiered seating area as areas where the possession and consumption of liquor is not allowed and must, unless otherwise authorized by the general manager, ensure that those areas

(i)  consist of a reasonable choice of seats within the range of ticket prices offered at the stadium, and

(ii)  are each of a size appropriate to the level of demand for seats in those areas of the stadium.

Exemptions for arrangements between licensees and manufacturers

50  (1)  In this section:

"arrangement" includes

(a) an agreement, arrangement, concession, obligation, undertaking or interest referred to in section 18 of the Act, and

(b) an act or agreement referred to in section 45 of the Act;

"designated category of liquor" means any of the following:

(a) draught beer;

(b) bottled beer;

(c) cider and coolers;

(d) wine;

(e) spirits;

"take-away bar" means a liquor dispensing site or concession, including a site or concession where both liquor and products other than liquor are sold.

(2)  The following classes of persons are eligible for exemptions under sections 18 (4) and 45 (4) of the Act:

(a) those licensees who individually hold a liquor primary licence, if the liquor primary licence is held for a stadium or concert hall that

(i)  is of sufficient size and has adequate facilities to host provincial, national or international events involving adult or professional performers,

(ii)  is used primarily for the purposes referred to in subparagraph (i), and

(iii)  has

(A)  in the case of a stadium, at least 5 000 tiered seats or such lesser number as may be approved by the general manager, and

(B)  in the case of a concert hall, at least 1 500 permanent seats;

(b) those licensees who individually hold a food primary licence, if

(i)  the establishment in respect of which the licence is held is located within a stadium or concert hall, and

(ii)  the licensee holding the licence has been granted an exemption in respect of the establishment under paragraph (a);

(c) those persons who individually enter or propose to enter into an arrangement with a licensee who is being granted an exemption under paragraph (a) or (b).

(3)  When granting an exemption under section 18 (4) or 45 (4) of the Act, the general manager must impose the following terms and conditions:

(a) if a designated category of liquor is sold by a licensee in the stadium or concert hall under an arrangement made between the licensee and a person referred to in subsection (2) (c) of this section who is granted an exemption under section 18 (4) or 45 (4) of the Act,

(i)  the licensee must make available to patrons at least one other product that

(A)  belongs to that category,

(B)  is reasonably priced,

(C)  is not connected with the person granted an exemption under subsection (2) (c) of this section,

(D)  is made known to patrons in the manner, at the locations within the stadium or concert hall, in the form and with the content satisfactory to the general manager,

(E)  is available from a reasonable number of take-away bars throughout the stadium or concert hall, and

(F)  is not manufactured by a person to whom an exemption in respect of that category has been given under subsection (2) in relation to the stadium or concert hall, and

(ii)  the licensee must ensure that at least 10% of the sales of the designated category of liquor are of the other product described in subparagraph (i);

(b) the licensee must, at locations satisfactory to the general manager within the stadium or concert hall, display messaging, in form and content satisfactory to the general manager, intended to promote the responsible consumption of liquor.

(4)  When granting an exemption under section 18 (4) or 45 (4) of the Act, the general manager may impose any additional terms and conditions the general manager considers advisable.

Promotional activity

50.1  (1)  In this section:

"agent" means a person licensed to act as an agent under section 52 of the Act;

"buy-sell agreement" means a buy-sell agreement referred to in subsection (3) (d);

"promotional activity" means any activity that is prohibited or restricted under section 45 (1) or (2) of the Act and includes the provision of goods and services related to the operation of a licensed establishment, but does not include the provision of cash, credit or any other form of financial assistance;

"promotional item" means any item provided to a licensee as part of a promotional activity;

"trade practices terms and conditions" means the terms and conditions established by the general manager under subsection (2) (b).

(2)  Subject to subsection (3), the general manager may

(a) exempt any liquor manufacturer, agent or licensee from one or more prohibitions and restrictions under section 45 (1) and (2) of the Act, and

(b) establish a set of terms and conditions respecting promotional activities that are to apply to the licence of any liquor manufacturer, agent or licensee for whom an exemption is granted under paragraph (a).

(3)  If an exemption is granted under subsection (2) (a) in respect of promotional activities,

(a) the trade practices terms and conditions are added to and form part of the terms and conditions of the licence of the liquor manufacturer, agent or licensee to whom the exemption is granted,

(b) any promotional activity undertaken in reliance on the exemption must be consistent with

(i)  the trade practices terms and conditions, and

(ii)  all other terms and conditions imposed on the licence by the general manager under section 45 (4) of the Act,

(c) unless the terms and conditions to which the licence is subject under paragraph (b) of this subsection provide otherwise,

(i)  any promotional item provided to a licensee must be provided to, or be for the principal benefit of, patrons of the licensee’s licensed establishments, and

(ii)  liquor must not be provided as a promotional item,

(d) except for the provision of promotional items identified in the trade practices terms and conditions as being of nominal value, all promotional activity between a liquor manufacturer or agent and a licensee must be documented in a buy-sell agreement, in the form and with the content set out in the trade practices terms and conditions,

(e) a buy-sell agreement must not exclude, restrict or otherwise prohibit a licensee from carrying or selling the products of a competitor of a liquor manufacturer or agent,

(f) a licensee who has entered into a buy-sell agreement must

(i)  subject to paragraph (h), retain a true copy of that agreement in the establishment to which the buy-sell agreement relates from the date the agreement is signed to the second anniversary of the date on which the agreement terminates, and

(ii)  produce that agreement to the general manager immediately on request,

(g) a liquor manufacturer or agent who has entered into a buy-sell agreement must

(i)  subject to paragraph (h), retain a true copy of that agreement from the date the agreement is signed to the second anniversary of the date on which the agreement terminates, and

(ii)  produce that agreement to the general manager immediately on request,

(h) if a licensee who has entered into a buy-sell agreement with a liquor manufacturer or agent has more than one licensed establishment, a true copy of that buy-sell agreement must,

(i)  for the purposes of paragraph (f) (i), be retained by the licensee at each of those licensed establishments for the period referred to in that paragraph, and

(ii)  for the purposes of paragraph (g) (i), be retained by the liquor manufacturer or agent in the provincial office of the liquor manufacturer or agent for the period referred to in that paragraph, and

(i) despite any provision in a buy-sell agreement to the contrary, the parties to a buy-sell agreement must not engage in promotional activity that is not, or that ceases to be, authorized under one or more of

(i)  the Act,

(ii)  this regulation, and

(iii)  the terms and conditions to which one or more of the licences of the parties are subject under paragraph (b).

[en. B.C. Reg. 437/2003, s. 1.]

List of officers of club