Definition

1   In this regulation, "Act" means the Special Wine Store Licence Auction Act.

Number of special wine store licences

2   For the purposes of section 2 (2) of the Act, the prescribed number of special wine store licences is 18.

Grocery store

3   The following types of food and non-alcoholic beverages are specified for the purposes of the definition of "grocery store" in section 1 of the Act:

(a) canned, dry and frozen food;

(b) fresh fruits and vegetables;

(c) fresh and prepared meats, fish and poultry;

(d) dairy products;

(e) baked products;

(f) snack foods;

(g) juices, carbonated beverages and flavoured beverages.

Deposit

4   (1) For the purposes of section 4 (b) of the Act, the prescribed amount of the deposit is $25 000.

(2) For the purposes of section 4 (b) of the Act, the following are the prescribed additional forms of deposit:

(a) money order;

(b) cheque drawn on an account of a business;

(c) bank draft.

(3) The amount of the deposit submitted by a successful bidder is credited to the auction price to be paid by the successful bidder.

Fee for substituting grocery store on general manager's list

5   For the purposes of section 7 (3) (b) of the Act, the prescribed fee is $330.

Time for paying auction price and for submitting application and fees

6   (1) For the purposes of sections 9 and 10 (b) of the Act, the prescribed time for paying the auction price is 30 days.

(2) For the purposes of section 10 (a) of the Act, the prescribed time for submitting a complete application and fees is 60 days after the general manager sends an email notifying the successful bidder that the bidder has been added to the general manager's list.

Auction procedures

7   (1) For the purposes of section 4 (c) of the Act, the minimum bid is $125 000.

(2) The successful bid in a special wine store licence auction is the highest bid.

(3) The general manager must not accept a bid from a bidder unless the bidder has signed the terms and conditions for the auction.

(4) The terms and conditions for an auction must provide that, on the general manager accepting a bid at an auction, the bidder has no claim against the government arising from changes to law or government operations or policies that may affect the value of

(a) a grocery store in which a special wine store is located,

(b) a special wine store, or

(c) a special wine store licence.

(5) In subsection (4), "special wine store" means the location approved by the general manager within a grocery store from which BC wine may be sold under a special wine store licence.

Exception to forfeiture of deposit

8   For the purposes of section 12 of the Act, the deposit of a successful bidder is not forfeited if the bidder's application for a special wine store licence is refused under section 19 (4) of the Liquor Control and Licensing Act.

[en B.C. Reg. 291/2016, Sch. 2, s. 13.]