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

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

(a) in subsection (1) by repealing the definition of "agency store",

(b) in subsection (1) by repealing the definitions of "catering endorsement" and "catering licence",

(c) in subsection (1) in the definition of "establishment" by striking out ", stored",

(d) in subsection (1) by adding the following definition:

"event site" means,

(a) subject to paragraph (b), the place or premises identified in the application submitted under section 89 for an authorization in relation to the event, or

(b) if the authorization, if any, issued in relation to the event describes a site different than that referred to in paragraph (a), the place or premises described in the authorization; ,

(e) in subsection (1) by repealing the definition of "liquor" and substituting the following:

"liquor" means, subject to the regulations, beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume; ,

(f) in subsection (1) by repealing the definition of "liquor store" and substituting the following:

"liquor store" means a government liquor store, government beer store or government wine store established under the Liquor Distribution Act; ,

(g) in subsection (1) in the definition of "monetary penalty" by striking out "section 20 (2) (c);" and substituting "section 20 (2) (b);",

(h) in subsection (1) by adding the following definition:

"peace officer" means

(a) an officer within the meaning of the Police Act, or

(b) a member of the Royal Canadian Mounted Police who is deemed to be a provincial constable under section 14 (2) (b) of the Police Act; ,

(i) in subsection (1) by repealing the definition of "pure grain alcohol" and substituting the following:

"ethyl alcohol" means alcohol that contains more than 95% ethyl alcohol by volume; ,

(j) in subsection (1) by repealing the definitions of "site" and "store manager", and

(k) by repealing subsection (2).

2 Section 2 (2) is repealed.

3 The following section is added:

Delegation by general manager

6.1  The general manager may delegate, with or without conditions, to

(a) an employee or other person, or

(b) a class of employees or other persons

any of the general manager's powers and duties under this Act, except the power under this section to delegate, including, without limitation, powers and duties relating to licensing and enforcement.

4 Section 7 is amended

(a) in subsection (1) by striking out ", a store manager or a licensee who holds a prescribed class or category of licence",

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

(2) A licence must not be issued for the primary purpose of making a profit, unless the general manager is satisfied that

(a) the purpose of the special occasion is to raise funds for a charitable purpose, and

(b) the recipient of the funds and its purposes are charitable. ,

(c) by repealing subsections (3), (3.4) and (7),

(d) in subsection (4.1) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) the occasion in relation to which the special occasion licence was issued could pose a threat to public safety. ,

(e) by repealing subsection (5) and substituting the following:

(5) The general manager may send, or require a person to whom a licence is issued under this section to send, to any person the general manager considers appropriate a copy of one or more of the following:

(a) the licence;

(b) the licence application;

(c) any record related to the licence application the general manager specifies. ,

(f) in subsection (6) (b) by striking out "subsection (3)" and substituting "subsection (2)",

(g) in subsection (9) by striking out "Section 20, except section 20 (1) (c) and (d) and (2) (f), applies to" and substituting "Section 20, except section 20 (1) (b) and (2) (e), and regulations under section 84 (2) (t.2) apply to",

(h) in subsection (9) (b) by striking out "enforcement", and

(i) in subsection (9) (c) by striking out "a reference in section 20 to "licensee"" and substituting "a reference in section 20 or 84 (2) (t.2) to "licensee"".

5 Section 7.1 is amended

(a) in subsection (1) (b) by striking out "section 7 (3)." and substituting "section 7 (2).", and

(b) by repealing subsection (2).

6 Section 8 is repealed and the following substituted:

Ethyl alcohol

8  A person must not purchase ethyl alcohol unless the person is

(a) a pharmacist, and the ethyl alcohol is for use solely in connection with his or her pharmacy business in compounding medicines or as a solvent or preservative, or for sale to medical practitioners and hospitals as a sterilizing agent,

(b) a dentist, medical practitioner, nurse practitioner, registrant of the College of Naturopathic Physicians of British Columbia or veterinarian, and the ethyl alcohol is for use solely in connection with his or her practice,

(c) one of the following bodies:

(i) a hospital as defined in section 1 of the Hospital Act or a licensed hospital as defined in section 5 (1) of that Act, and the ethyl alcohol is for use only in the hospital;

(ii) a university, and the ethyl alcohol is for use for scientific purposes;

(iii) a branch, ministry, department or institution of the government or Canada,

(d) a person who holds a prescription, as defined in section 1 of the Pharmacy Operations and Drug Scheduling Act, for ethyl alcohol, or

(e) a person referred to in section 9.

7 Section 8 (c) (i) and the definition of "hospital" in section 10 (1) are amended by striking out "or a licensed hospital as defined in section 5 (1) of that Act".

8 Section 9 is amended by striking out "pure grain alcohol" wherever it appears and substituting "ethyl alcohol".

9 Section 10 (1) is amended by repealing the definition of "hospital" and substituting the following:

"hospital" means a hospital as defined in section 1 of the Hospital Act or a licensed hospital as defined in section 5 (1) of that Act.

10 Section 12 (3) is amended

(a) by repealing paragraphs (h) to (j), and

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

(m) specify where liquor may be stored, and

(n) require a licensee to take reasonable measures to ensure that the operation of the establishment does not disturb persons in the vicinity of the establishment.

11 Section 13 is amended

(a) in subsection (1) by striking out "prescribed category" and substituting "prescribed class or category" and by adding "or recertification as required by the regulations" after "a prescribed training program", and

(b) by repealing subsections (3) to (5) and substituting the following:

(3) A person must not

(a) supervise the sale or service of liquor in a licensed establishment, at an event site or at a residential event,

(b) sell or serve liquor in a licensed establishment, at an event site or at a residential event, or

(c) supervise the sale or service of, or sell or serve, liquor in a liquor store

unless the person has successfully completed a prescribed training program or recertification as required by the regulations.

(4) A person, other than a person referred to in subsections (1) to (3), must successfully complete a prescribed training program or recertification as required by the regulations.

12 The following section is added:

Use of licence by proposed transferee

17.1  (1) In this section, "application date" means the date on which the general manager receives written notice, in a form established by the general manager, of an agreement to transfer a licence.

(2) If

(a) a licence is the subject of an application to the general manager for transfer under section 21 (1), and

(b) the general manager has not completed the determinations under sections 16 and 18,

the proposed transferee may, despite sections 17 (1) and 21 (1), use the licence pending the general manager's determinations under sections 16 and 18.

(3) The proposed transferee referred to in subsection (2) is, for all purposes under this Act, deemed to be the licensee under the licence that is the subject of the transfer application, from the application date until, subject to subsection (5), the date on which, under section 21 (1), the general manager

(a) gives written consent to the transfer, or

(b) refuses to give written consent to the transfer.

(4) If, after completing the determinations under sections 16 and 18 or for another reason, the general manager refuses to give written consent to the transfer under section 21 (1), the general manager may do one or more of the following:

(a) suspend the licence in the circumstances and for the period the general manager considers appropriate;

(b) order that the licence be transferred by the proposed transferee, within the period the general manager specifies, to a person who is at arm's length from the proposed transferee;

(c) cancel the licence.

(5) If the general manager makes an order for transfer of a licence under subsection (4) (b), the proposed transferee is deemed to be the licensee under the licence that was the subject of the transfer application for the purpose of effecting the transfer ordered by the general manager.

13 Section 18 is amended

(a) by repealing subsections (1.1), (1.2) and (1.3), and

(b) in subsections (2), (2.1) and (2.2) by striking out "subsection (1), (1.1) or (1.2)" and substituting "subsection (1)".

14 Section 20 is repealed and the following substituted:

Action against a licensee

20  (1) In addition to any other powers the general manager has under this Act, the general manager may, on the general manager's own motion or on receiving a complaint, take action against a licensee for any of the following reasons:

(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;

(b) the existence of a circumstance that would prevent the issue of a licence;

(c) the conviction of the licensee for an offence under the laws of Canada, British Columbia, a treaty first nation or the Nisga'a Nation or under the bylaws of a municipality or regional district, if the offence relates to the licensed establishment or the conduct of it.

(2) If the general manager has the right under subsection (1) to take action against a licensee, the general manager may do one or more of the following, with or without a hearing:

(a) impose terms and conditions on the licensee's licence or rescind or amend existing terms and conditions on the licence;

(b) subject to subsection (4), impose a monetary penalty on the licensee in accordance with the prescribed schedule of monetary penalties;

(c) subject to subsection (4), suspend all or any part of the licensee's licence in accordance with the prescribed schedule of licence suspensions;

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

(e) order the licensee to transfer the licence, within the period the general manager specifies, to a person who is at arm's length from the licensee.

(3) The general manager must, in taking action against a licensee under subsection (2), take into account

(a) the licensee's compliance history,

(b) the matters, if any, prescribed by regulation, and

(c) any other matter that the general manager considers relevant.

(4) The general manager may, if the general manager is satisfied that it is in the public interest to do so,

(a) subject to subsection (5), impose a monetary penalty under subsection (2) (b) that is greater than the amount provided for in the prescribed schedule of monetary penalties, or

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

(5) The general manager may not impose a monetary penalty that is greater than the following amounts:

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

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

(6) 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 officer, director or agent of the corporation who authorizes, permits or acquiesces in the contravention is also liable to the penalty.

(7) If the general manager proposes under subsection (2) to hold a hearing, the general manager must provide written notice to the licensee

(a) specifying the alleged contravention or other reason under subsection (1) for which the general manager is taking action,

(b) specifying the actions the general manager proposes to take against and impose on the licensee, and

(c) notifying the licensee that the licensee may waive the opportunity for a hearing in accordance with subsection (8).

(8) A licensee may provide to the general manager a waiver, in form and content satisfactory to the general manager and within such period as the general manager considers appropriate, in which the licensee expressly and irrevocably

(a) admits to the allegation referred to in subsection (7) (a),

(b) accepts imposition by the general manager of the actions proposed by the general manager,

(c) waives the opportunity for a hearing, and

(d) agrees that the finding and the actions of the general manager will form part of the compliance history of the licensee.

(9) If the general manager makes a determination against a licensee, the general manager must, in writing to the licensee,

(a) specify the action being taken under subsection (2), which action may, but need not, be that proposed, if any, under subsection (7) (b),

(b) set out the reasons for taking the action, and

(c) set out 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 licence suspension is imposed, the period of the suspension and the dates on which the suspension must be served.

(10) A monetary penalty imposed under this section must be paid as follows:

(a) within 30 days after the date on which the general manager gives written notice of the amount of monetary penalty under subsection (9) (c) (i) or within any longer period specified by the general manager in that notice;

(b) within 30 days after the date on which a licensee signs a waiver under subsection (8).

Consolidated revenue fund

20.01  All monetary penalties received under sections 20 and 20.05 must be paid into the consolidated revenue fund.

Action against former and deemed licensees

20.02  (1) In this section, "former licensee" does not include a person to whom section 7 (9) applies.

(2) Section 20, except section 20 (1) (b) and (2) (a), (c), (d) and (e), and regulations under section 84 (2) (t.2) apply to a former licensee and a person who was deemed to be a licensee under section 17.1 (3), in relation to matters that occurred while the person was a licensee or deemed to be a licensee, as the case may be, provided that,

(a) in the case of a former licensee, the general manager commences action within 6 months after the former licensee ceased to be the licensee under the licence in relation to which the action is being taken, or

(b) in the case of a person who was deemed to be a licensee under section 17.1 (3), the general manager commences enforcement action within 6 months after the person has ceased to be a deemed licensee under that section,

and, for that purpose, a reference in section 20 or 84 (2) (t.2) to "licensee" must be read to include a former licensee and a person who was deemed to be a licensee under section 17.1 (3).

(3) Nothing in subsection (2) limits the application of section 20 or regulations under section 84 (2) (t.2) to a licensee who was previously but is no longer a deemed licensee under section 17.1 (3).

Witnesses

20.03  (1) For the purposes of any hearing, the general manager may, by summons, require a person

(a) to attend as a witness, at a place and time mentioned in the summons, which time must be a reasonable time from the date of the summons, and

(b) to bring and produce for the general manager all records or other things in the person's possession or control that are relevant to the subject matter of the hearing.

(2) A person named in and served with a summons referred to in subsection (1) must attend before the general manager and give evidence on oath or affirmation, or in any other manner the general manager directs, that is relevant to the subject matter of the hearing, and produce all records or other things in accordance with the summons.

(3) When the general manager exercises a power under subsection (1), a person who fails or refuses to comply with subsection (2) is liable, on application to the Supreme Court, to be committed for contempt as if the person were in breach of an order or judgment of the Supreme Court.

Suspension on loss of other authority

20.04  Without limiting section 20, if a municipally, regionally, provincially or federally granted licence, permit, registration or certificate, or a licence, permit, registration or certificate granted by a treaty first nation or the Nisga'a Nation, that a licensee is required to hold in order to operate the licensed establishment is suspended or cancelled or expires without being renewed, the general manager may, on written notice to the licensee,

(a) suspend the licensee's licence under this Act until the other licence, permit, registration or certificate is reinstated, reissued or renewed, or

(b) cancel the licensee's licence.

Debt due to government

20.05  If a person on whom the general manager imposes a monetary penalty does not pay the full amount of the monetary penalty within the time specified under section 20 (9) (c) (i) or (10) (b), the general manager may issue a certificate setting out the unpaid amount of the monetary penalty and, if issued,

(a) the certificate is conclusive as to the unpaid amount of the monetary penalty,

(b) that amount is a debt due to the government, and

(c) the general manager may file the certificate with a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

Limitation on proceedings

20.06  (1) If the general manager takes action against a person under section 20 (2) (b) or (c), a prosecution for an offence under this Act for the same contravention may not be brought against the person.

(2) A person who has been charged with an offence under this Act may not be subject to an action under section 20 (2) (b) or (c) in respect of the circumstances that gave rise to the charge.

15 Section 21 (3) is repealed.

16 The following section is added:

Relocation relating to licence

21.1  Subject to and in accordance with the regulations, a licence issued in respect of one location may not be used in respect of another location without the written consent of the general manager.

17 Section 22 is amended

(a) by repealing subsection (1.1) and substituting the following:

(1.1) If, at an event site, the conduct of persons attending the event or of the authorization holder's employees is of a riotous, violent, drunken or disorderly nature, or the safety of one or more persons at the event site is threatened, the general manager may, without a hearing, suspend or cancel the authorization and order the immediate removal of patrons. , and

(b) by repealing subsection (3).

18 Section 23 is amended

(a) in subsections (1), (2.1), (2.2) and (3) by striking out "licence or catering authorization" wherever it appears and substituting "licence or authorization", and

(b) in subsection (2.1) by striking out "catered event" in both places and substituting "event".

19 Section 38 is amended

(a) in subsection (1) by striking out "give liquor to another person." and substituting "give liquor or ethyl alcohol to another person.",

(b) by repealing subsections (2.1) and (4),

(c) in subsection (3) by striking out "must not sell liquor" and substituting "must not sell or serve liquor" and by repealing paragraph (a) and substituting the following:

(a) liquor purchased by the licensee from the Liquor Distribution Branch, liquor purchased or acquired in prescribed circumstances by the licensee or liquor purchased by the licensee as authorized by the general manager, and , and

(d) by adding the following subsection:

(3.1) A person to whom a permit has been issued under section 7.2 or a person who sells liquor by auction under section 7.3 must not sell liquor except liquor purchased or acquired in prescribed circumstances by the person.

20 Section 42 is amended by striking out ", liquor store or agency store," and substituting "or liquor store,".

21 The following section is added:

Public education material

49.1  (1) The general manager may require that educational information or material about liquor, the responsible consumption of liquor and liquor-related issues be provided

(a) by licensees to their patrons and employees, and

(b) by liquor stores to their patrons and employees.

(2) The general manager may

(a) specify the information or material referred to in subsection (1),

(b) specify the manner in which the information or material referred to in subsection (1) is provided, and

(c) specify different material and manners of provision of the material for liquor stores and different classes of licensees.

(3) A licensee must comply with a requirement under this section.

22 Section 50 (3) is repealed and the following substituted:

(3) Without limiting subsection (2) or section 91, the general manager may, at the time of the issue of an authorization for an event or at any time during the event, impose as a condition of the authorization the restrictions and limitations that the general manager considers necessary on any type or form of entertainment performed at the event site.

23 Section 53 is repealed and the following substituted:

Manufacturers' promotion

53  (1) A brewery, winery or distillery may, in its establishment,

(a) sell, serve and offer samples of its products, and

(b) sell and serve other liquor,

subject to and in accordance with the regulations.

(2) An agent, brewery, winery or distillery may apply to the general manager for permission to conduct sampling to acquaint the public with its products and the general manager, subject to and in accordance with the regulations, may grant permission by issuing a special occasion licence under section 7.

(3) Nothing in this section prohibits a brewery, winery or distillery from selling, serving or offering samples of its products in accordance with section 86 if authorized under that section.

24 Section 58 (3) (f) is repealed and the following substituted:

(f) sell or serve liquor, subject to and in accordance with the regulations.

25 Section 60 is repealed.

26 Section 73 is amended

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

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

(a) require a licensee to produce records the licensee is required to keep under this Act,

(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 a person that are used as a warehouse or set apart for the storage of liquor;

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

(c) require an employee or patron of a licensee to produce identification. ,

(b) in subsection (1.1) by striking out "A person requiring the production of documents or carrying out an inspection under subsection (1) may" and substituting "In requiring the production of documents or carrying out an inspection under subsection (1), the general manager may",

(c) in subsection (1.2) by striking out "A person who retains the documents produced, removes records or things or takes a sample must" and substituting "If the general manager retains the documents produced, removes records or things or takes a sample, the general manager must",

(d) in subsection (1.3) by striking out "certified by the person carrying out the inspection" and substituting "certified by the general manager",

(e) by repealing subsection (1.4) and substituting the following:

(1.4) The general manager must carry identification in the form established by the general manager and present it on request to the owner or occupant of the premises or establishment referred to in subsection (1). ,

(f) in subsection (1.5) by striking out "A person when acting under the authority of this section" and substituting "The general manager, when acting under the authority of this section,", and

(g) in subsection (2) (a) and (b) by striking out "a person acting under the authority of this section," and substituting "the general manager,".

27 The following sections are added:

Time limit for judicial review

75.1  An application for judicial review of a decision of the general manager must be commenced within 30 days of the date the general manager gives written notice of the decision.

Service and receipt of documents

75.2  (1) Documents that are required or permitted under this Act to be given or served on a person must be given or served in accordance with the regulations.

(2) A document given or served in accordance with subsection (1) is deemed to be received, in relation to a specified method of service, as provided in the regulations.

28 Section 76 (1) is repealed.

29 Section 77 (2) is amended by striking out "a catered event," and substituting "an event that is the subject of an authorization under section 91,".

30 Section 84 is amended

(a) by renumbering subsection (6), as enacted by section 15 of the Miscellaneous Statutes Amendment Act, 2013, S.B.C. 2013, c. 12, as subsection (8),

(b) by renumbering subsection (7), as enacted by section 15 of the Miscellaneous Statutes Amendment Act, 2013, S.B.C. 2013, c. 12, as subsection (9),

(c) by renumbering subsection (8), as enacted by section 15 of the Miscellaneous Statutes Amendment Act, 2013, S.B.C. 2013, c. 12, as subsection (10), and

(d) in subsection (10) by striking out "subsections (2) (b.6) and (7)" and substituting "subsections (2) (b.6) and (9)".

31 Section 84 is amended

(a) by repealing subsection (2) (b.2) and (b.4) and substituting the following:

(b.2) respecting authorizations and classes of authorizations and providing mechanisms for consultation, by an applicant for an authorization, with public authorities, including, without limitation, local governments, first nations and police;

(b.4) respecting endorsements and classes of endorsements under section 88, including, without limitation, the classes or categories of licences to which an endorsement or class of endorsement under that section may be added, the criteria that must be met before an endorsement or class of endorsement may be added and terms and conditions that apply to an endorsement or class of endorsement; ,

(b) in subsection (2) (g) by striking out "agency stores,",

(c) by repealing subsection (2) (j) and substituting the following:

(j) respecting training programs referred to in section 13, with power

(i) to set different training programs and recertification requirements for different classes of licensees, supervisors, servers or sellers of liquor and other prescribed classes of persons,

(ii) in prescribed circumstances, to exempt persons or classes of persons from the requirement to complete training programs, and

(iii) to set fees for training programs and recertification, which fees may be different for different classes of programs, licensees, supervisors, servers and sellers of liquor or other persons; ,

(d) in subsection (2) by adding the following paragraphs:

(l.1) without limiting paragraph (l) or any power of the general manager under this Act, conferring a discretion on, or delegating a matter to, the general manager;

(r.1) respecting actions under section 20, including, without limitation, establishing rules about licence suspensions and monetary penalties;

(t.1) setting out circumstances in which the general manager must cancel a licence; ,

(e) in subsection (2) by adding the following paragraphs:

(t.2) authorizing the general manager to publish information respecting a licensee in relation to

(i) actions taken against the licensee by the general manager under section 20, including the reasons for the action, and

(ii) convictions of the licensee for offences under this Act, including specifying the offence and the penalty imposed;

(t.3) governing the use and posting of signs to indicate that a licensee is the subject of a licence suspension or monetary penalty; ,

(f) by repealing subsection (2) (m),

(g) in subsection (2) (s) by striking out "section 20 (2) (c);" and substituting "section 20 (2) (b);",

(h) in subsection (2) (t) by striking out "section 20 (2) (d);" and substituting "section 20 (2) (c);",

(i) by repealing subsection (2) (x) and substituting the following:

(x) respecting the sale, service and sampling of the products of a brewery, winery or distillery and the sale and service of liquor at the establishment of the brewery, winery or distillery for the purposes of section 53 (1), including, without limitation, circumstances in which a licence amendment is required, and with power to provide differently for breweries, wineries and distilleries;

(x.1) specifying the amounts, or the formula for calculating the amounts, to be charged for the samples referred to in paragraph (x); ,

(j) by repealing subsection (2) (z) and (z.1) and substituting the following:

(z) respecting liquor pricing and liquor serving sizes in licensed establishments, with power to provide differently for different liquors or licences, different classes of liquors or different classes or categories of licences; ,

(k) in subsection (2) by adding the following paragraph:

(z.3) prescribing the qualifications of, or requirements that must be met by, a place or premises for which licences may be issued or a proposed event site, with power to prescribe or set different qualifications or requirements for different classes of places or premises or of proposed event sites. ,

(l) in subsection (4) by striking out "and" at the end of paragraph (i), by adding ", and" at the end of paragraph (j) and by adding the following paragraph:

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

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

(6) Without limiting the application of subsections (3) (a), (4) and (5), those subsections apply to regulations under subsection (2) (b.2) or (b.4) as if a reference in subsection (3) (a) to licences under section 12, and a reference in subsection (4) or (5) to licences, were a reference to authorizations. , and

(n) by repealing subsection (7) and substituting the following:

(7) The Lieutenant Governor in Council may make regulations for meeting or removing any difficulty arising out of the inclusion in this Act of provisions relating to endorsements under section 88 and authorizations under section 91 and, for that purpose, without limitation, disapplying or varying any provision of this Act or the regulations.

32 Section 85 is repealed.

33 Sections 86 to 88 are repealed and the following substituted:

Authorization to sell or serve liquor

86  (1) A licensee who holds a prescribed class or category of licence or a licence with a prescribed class of endorsement may, on being granted an authorization to do so by the general manager, sell or serve liquor at an event site, provided that the liquor is sold or served in accordance with

(a) the terms and conditions contained in the authorization,

(b) the requirements of this Act and the regulations, and

(c) the terms and conditions of the licence that are not in conflict with the terms and conditions of the authorization.

(2) Despite subsection (1), a caterer may sell or serve liquor at a residential event without an authorization, provided that the liquor is sold or served in accordance with

(a) the requirements of this Act and the regulations, and

(b) the terms and conditions of the caterer's licence.

Event site constitutes establishment

87  (1) Subject to subsection (2), an event site is, for the purposes of this Act and the regulations, both an establishment and a licensed establishment for the period approved for the event in the authorization.

(2) Regulations may provide that a reference to "establishment" or "licensed establishment" in prescribed provisions of this Act or the regulations does not include an event site.

(3) A regulation under subsection (2) may provide differently for different classes of authorizations or event sites.

Endorsement for events

88  Subject to and in accordance with the regulations, a licensee may apply to the general manager for the privilege of selling or serving liquor at one or more events, whether or not the event sites are in the establishment in relation to which the licensee's licence was issued, and the general manager may, on any terms and conditions the general manager considers appropriate, so endorse the licence.

34 Section 89 (1) is repealed and the following substituted:

(1) A licensee who holds a prescribed class or category of licence or a licence with a prescribed class of endorsement may apply for an authorization for an event.

35 Sections 91 and 92 are repealed and the following substituted:

Terms and conditions on authorization

91  (1) The general manager may, in respect of the authorization, impose terms and conditions that vary or are in addition to the terms and conditions to which the authorization is subject under the regulations.

(2) The terms and conditions that may be imposed under subsection (1) by the general manager include, but are not limited to, terms and conditions that

(a) limit the type of liquor to be offered for sale,

(b) establish the event site, both indoor and outdoor, where liquor may be sold and served,

(c) limit the days and hours during which the event site is permitted to be open for the sale of liquor,

(d) establish the areas within the event site where minors are permitted,

(e) approve, prohibit or restrict games and entertainment at the event site,

(f) specify requirements for reporting and record keeping,

(g) control signs used in or for the event site,

(h) specify requirements for service of food and non-alcoholic beverages,

(i) limit the ability to sell or serve liquor at the event if the number of persons in attendance at the event exceeds a specified number, and

(j) require a licensee to take measures to ensure that the operation of the event site does not disturb persons in the vicinity of the event site.

(3) Nothing in subsection (1) or (2) authorizes the general manager to impose terms and conditions that are inconsistent with this Act or the regulations.

(4) The general manager may send, or require a licensee to whom an authorization is issued to send, to any person the general manager considers appropriate a copy of one or more of the following:

(a) the authorization;

(b) the authorization application;

(c) any record related to the authorization application the general manager specifies.

(5) The general manager may determine

(a) the circumstances in which, if at all, it is appropriate to issue authorizations in relation to specified events, places or premises, or classes of events, places or premises, and if so, how frequently authorizations should be issued for them, and

(b) how frequently an authorization may be issued to a licensee.

Cancellation of authorization

92  The general manager may, by written notice to a licensee to whom an authorization was issued, cancel the authorization if, in the general manager's opinion,

(a) the circumstances on the basis of which the authorization was applied for and issued have changed so that they no longer meet the requirements of this Act or the regulations for issue of the authorization,

(b) the circumstances on the basis of which the authorization was issued did not exist at the time the authorization was issued,

(c) the authorization was issued in error, or

(d) the event in relation to which the authorization was issued could pose a threat to public safety.

Transitional Provisions and Consequential Amendments

Transition — duty free stores under Liquor Distribution Act

36  (1) In this section:

"agreement" means a duty free store agreement entered into by Her Majesty the Queen in right of the Province of British Columbia as represented by the Liquor Distribution Branch continued under section 2 of the Liquor Distribution Act;

"duty free store" means a duty free liquor store established under section 21 (1) of the Liquor Distribution Act, as that section read immediately before the date section 42 (a) of this Act comes into force, under the terms of an agreement;

"licence" means a licence under the Liquor Control and Licensing Act.

(2) The Lieutenant Governor in Council may make regulations as follows:

(a) providing for the conversion on a prescribed date of duty free stores to a class or category of licence;

(b) providing for the conversion on a prescribed date of an application for a duty free store to an application for a class or category of licence.

(3) A regulation under this section may do one or more of the following:

(a) despite anything in the Liquor Control and Licensing Act or the regulations under that Act, specify that a term or condition of an agreement is a term or condition of the class or category of licence to which duty free stores are converted;

(b) set terms and conditions of the class or category of licence to which duty free stores are converted;

(c) apply one or more of the terms and conditions of an existing class or category of licence to a class or category of licence to which duty free stores are converted;

(d) vary the terms and conditions of duty free stores on their conversion to a class or category of licence;

(e) permit the general manager to do one or more of the things referred to in paragraphs (a) to (d) in a specific case or class of cases as determined by the general manager.

Liquor Distribution Act

37 Section 1 of the Liquor Distribution Act, R.S.B.C. 1996, c. 268, is amended

(a) in subsection (1) by repealing the definitions of "agency store" and "agent",

(b) in subsection (1) by repealing the definition of "alcohol",

(c) in subsection (1) by repealing paragraph (b) of the definition of "authorized vendor",

(d) in subsection (1) by repealing paragraph (c) of the definition of "authorized vendor" and substituting the following:

(c) a person to whom a licence is issued under section 7 or 12 of the Liquor Control and Licensing Act other than, subject to paragraph (c.01) of this definition, a manufacturer,

(c.01) a manufacturer for the purposes of selling liquor under section 53 (1) (b) of the Liquor Control and Licensing Act, ,

(e) in subsection (1) in paragraph (d) of the definition of "authorized vendor" by striking out "a duty free liquor store, including",

(f) in subsection (1) by adding the following definition:

"ethyl alcohol" has the same meaning as in section 1 (1) of the Liquor Control and Licensing Act; ,

(g) in subsection (1) by repealing the definition of "grain alcohol",

(h) in subsection (1) by repealing the definition of "liquor" and substituting the following:

"liquor" has the same meaning as in section 1 (1) of the Liquor Control and Licensing Act; ,

(i) in subsection (1) in the definition of "liquor store" by striking out ", or an agency established by the general manager under this Act", and

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

(2) For the purposes of this Act and the Importation of Intoxicating Liquors Act (Canada), liquor is conclusively deemed to be intoxicating.

38 Section 3 (a), (c) and (d) is repealed.

39 Section 6 (5) (d) (ii) is amended by striking out "paragraphs (c) or (d)" and substituting "paragraph (c), (c.01) or (d)".

40 Section 18 (3) is repealed and the following substituted:

(3) The general manager may set a price at which ethyl alcohol may be sold to a person referred to in section 8 of the Liquor Control and Licensing Act.

41 Section 18 (5) is repealed.

42 Section 21 is amended

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

(1) The general manager may establish ship chandlers in British Columbia to sell liquor solely to persons leaving Canada. , and

(b) in subsection (2) by striking out "in those stores" and substituting "by ship chandlers".

43 Section 22 is repealed.

44 Section 26 is amended by striking out ", liquor store or agency store," and substituting "or liquor store,".

45 Section 27 is amended

(a) in subsection (1) by striking out "or agent for an establishment", and

(b) in subsection (2) by striking out "or agent" in both places.

46 Section 28 is amended by striking out "or agency store".

Miscellaneous Statutes Amendment Act (No. 3), 2010

47 The Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, is amended by repealing

(a) sections 113 (a) and (d), 114, 121 (a), 125, 133 (b), 136, 137, 141 (b), 150 (c) to (e) and 152 to 156, and

(b) section 150 (b), as it enacts section 84 (2) (z.3) of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267.

Commencement

48  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: