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B.C. Reg. 106/2019, deposited May 21, 2019, under the LIQUOR CONTROL AND LICENSING ACT [section 85]. Order in Council 249/2019, approved and ordered May 21, 2019.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective June 5, 2019, the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is amended as set out in the attached Appendix.
— D. EBY, Attorney General; J. SIMS, Presiding Member of the Executive Council.
Appendix
1 Schedule 2 of the Liquor Control and Licensing Regulation, B.C. Reg. 241/2016, is repealed and the following substituted:
Schedule 2
Monetary Penalties and Licence Suspensions
Definitions
1 In this Schedule:
"licensee" includes a former licensee and a deemed licensee referred to in section 52 of the Act;
"permittee" includes a former permittee referred to in section 53 of the Act.
Contravention
2 (1) A contravention in respect of a licensee refers to a licensee’s contravention of a provision of the Act or this regulation, or a licensee’s failure to comply with a term or condition of the licence, that is set out under the heading "Contravention" in the table to this Schedule.
(2) A contravention in respect of a permittee refers to a permittee’s contravention of a provision of the Act or this regulation, or a permittee’s failure to comply with a term or condition of the permit, that is set out under the heading "Contravention" in the table to this Schedule.
Type of contravention
3 A contravention is of the same type as another contravention if each contravention falls within the same item in the table to this Schedule.
First, second and subsequent contraventions – licensee
4 (1) A contravention is a first contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment under the licensee’s licence or an event site under an authorization held by the licensee, and
(b) the licensee has not committed a contravention of the same type at or in respect of that establishment or any event site under an authorization held by the licensee within the 24-month period preceding the commission of the contravention.
(2) A contravention is a second contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment under the licensee’s licence or an event site under an authorization held by the licensee, and
(b) the licensee has committed one contravention of the same type at or in respect of that establishment or any event site under an authorization held by the licensee within the 24-month period preceding the commission of the contravention.
(3) A contravention is a subsequent contravention in respect of a licensee if
(a) the contravention was committed at or in respect of an establishment under the licensee’s licence or an event site under an authorization held by the licensee, and
(b) the licensee has committed a second contravention of the same type at or in respect of that establishment or any event site under an authorization held by the licensee within the 24-month period preceding the commission of the contravention.
(4) If the general manager is satisfied that imposing the monetary penalty or period of suspension for a second or subsequent contravention set out in the table to this Schedule would create undue hardship on a licensee, the general manager may impose a monetary penalty or period of suspension set out in the table to this Schedule for a first contravention.
Monetary penalty – permittee
5 The columns for second and subsequent contraventions under the heading "Monetary Penalty" in the table to this Schedule do not apply to a permittee and the monetary penalty to be imposed on a permittee is the one set out in the column for a first contravention under the heading "Monetary Penalty" even if the permittee has committed more than one contravention of the same type.
Table
| Item | Contravention | Monetary Penalty | Period of Suspension (Days) | ||||
|---|---|---|---|---|---|---|---|
| First Contra-vention | Second Contra-vention | Subse- quent Contra-ventions | First Contra-vention | Second Contra-vention | Subse-quent Contra-ventions | ||
| Unlawful Sale and Purchase of Liquor | |||||||
| 1 | Contravention of section 8 (2) (a) of the Act [unlawful sale of liquor] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 2 | Contravention of section 8 (2) (e) of the Act [unlawful purchase of liquor] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 3 | Contravention of section 8 (3) of the Act [selling or serving unauthorized liquor] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 4 | Contravention of section 140 of this regulation [selling or serving liquor purchased under another licence or permit] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Operating Outside of Licence Purpose | |||||||
| 5 | Contravention of section 18 (1) (a) of this regulation [service of food in service area under food primary licence not primary purpose of business] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 6 | Contravention of section 26 (a) or (b) of this regulation [preparation and service of food not primary purpose of caterer’s business or caterer not having equipment or personnel necessary to prepare and serve food] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Minors | |||||||
| 7 | Contravention of section 77 of the Act [supplying liquor to minors] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 8 | Contravention of section 79 of the Act [minors in establishment or liquor store] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| Allowing Disorderly or Unlawful Conduct | |||||||
| 9 | Contravention of section 61 (2) (b) (iii) of the Act [allowing violent, quarrelsome, riotous or disorderly conduct] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 10 | Contravention of section 61 (2) (b) (iv) of the Act [allowing unlawful activities or conduct] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Intoxicated Patrons | |||||||
| 11 | Contravention of section 61 (2) (a) of the Act [selling or serving liquor to intoxicated person] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 12 | Contravention of section 61 (2) (b) (i) of the Act [allowing person to become intoxicated] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 13 | Contravention of section 61 (2) (b) (ii) of the Act [allowing intoxicated person to enter or remain in service area] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| Weapons | |||||||
| 14 | Contravention of section 61 (2) (b) (v) of the Act [allowing person who has knife or weapon to enter establishment or event site] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| Disturbance of Persons | |||||||
| 15 | Failure to comply with term or condition that requires licensee or permittee to take reasonable measures to ensure that operation of establishment or event site does not disturb persons in vicinity | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Overcrowding | |||||||
| 16 | Contravention of section 78 (1) (a) or (2) (a) of this regulation [person or patron capacity in service area exceeded, but occupant load not exceeded] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 17 | Contravention of section 78 (1) or (2) of this regulation [person or patron capacity and occupant load in service area exceeded] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 18 | Contravention of section 97 (e) or (f) of this regulation [exceeding maximum attendance or occupant load at catered event] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 19 | Contravention of section 101 (b) or (c) of this regulation [exceeding maximum attendance or occupant load at event site under temporary use area authorization] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 20 | Contravention of section 117 (j) or (k) of this regulation [exceeding maximum attendance or occupant load in service area at special event] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| Liquor Service | |||||||
| 21 | Contravention of section 60 (1) of the Act [failure to complete training or recertification] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 22 | Contravention of section 89 (a) of this regulation [failure to clear patrons within 1/2 hour after liquor service ends] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 23 | Contravention of (a) section 26 (i) of this regulation [unused liquor at residential event not returned to caterer’s establishment], or (b) section 90 (1) of this regulation [failing to take liquor from patrons within 1/2 hour after liquor service ends] |
$3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 24 | Contravention of section 91 (1) of this regulation [allowing person to consume liquor beyond 1/2 hour after liquor service ends] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 25 | Contravention of section 142 (1) or (3) of this regulation [employees or staff consuming liquor while working] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 26 | Contravention of section 141 (2) of this regulation [permitting liquor not sold or served by licensee or permittee to be consumed] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 27 | Contravention of section 141 (4) of this regulation [allowing liquor to be taken from the service area] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 28 | Contravention of (a) section 82 (1) of this regulation [licensee providing unlimited or unspecified quantities of liquor for single price or using a sales strategy likely to promote or encourage intoxication], or (b) section 118 of this regulation [permittee providing unlimited or unspecified quantities of liquor for single price or using a sales strategy likely to promote or encourage intoxication] |
$3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| Production of Records | |||||||
| 29 | Contravention of section 43 (a) (iii) of the Act [failure to produce records, liquor or other things] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Advertising | |||||||
| 30 | Contravention of section 64 of the Act [advertising liquor] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| Entertainment | |||||||
| 31 | Failure to comply with term or condition dealing with adult entertainment | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 32 | Failure to comply with term or condition dealing with entertainment other than adult entertainment | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| U-Brew/U-Vin | |||||||
| 33 | Contravention of section 44 of this regulation [failing to ensure that customer performs listed tasks] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 34 | Contravention of any of the following sections of this regulation: (a) 43 [payment, acknowledgment and invoice requirements]; (b) 45 [unauthorized consumption]; (c) 46 (1) [storage requirements]; (d) 46 (2) [licensee removing customer’s product]; (e) 47 [removal of finished product required]; (f) 48 [labelling, removal and use]; (g) 50 [underage customers]; (h) 51 [record-keeping and reporting requirements]; (i) 172 [advertisements] |
$1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 35 | Contravention of section 49 of this regulation [failing to ensure that beer or wine is not sold at U-Brew or UVin] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Tied Houses and Inducements | |||||||
| 36 | Contravention of section 62 (1) or (2) of the Act [tied houses and inducements] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 37 | Failure to comply with term or condition to report to general manager information respecting tied house arrangements | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Default in Monetary Penalties | |||||||
| 38 | Contravention of section 51 (10) or 53.1 (12) of the Act [failure to pay monetary penalty within required time] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| Suspension, Cancellation and Obstruction | |||||||
| 39 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor while licence suspended] or failure to comply with a term or condition prohibiting consumption while licence suspended | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| 40 | Contravention of section 8 (2) (a) of the Act [selling liquor at event catered by licensee while licence under suspension, catering endorsement under suspension or catering authorization under suspension or cancelled] | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| 41 | Contravention of section 8 (2) (a) of the Act [licensed manufacturer selling or serving liquor at event while licence under suspension, manufacturer on-site store endorsement under suspension or market authorization under suspension or cancelled] | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| 42 | Contravention of section 8 (2) (a) of the Act [selling liquor at food or beverage festival while licensee retail store, wine store or special wine store licence under suspension, temporary off-site sale endorsement under suspension or temporary off-site sale authorization under suspension or cancelled] | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| 43 | Contravention of section 44 (6) of the Act [obstructing peace officer or refusing to allow peace officer entry] | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| 44 | Contravention of (a) section 43 (a) (i) and (ii) of the Act [not allowing general manager entry or not facilitating inspection], or (b) section 43 (b) of the Act [obstructing general manager] |
$15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | 15 – 90 | 15 – 90 | 15 – 90 |
| Miscellaneous Contraventions | |||||||
| 45 | Contravention of section 57 (1) (c) of the Act [providing false or misleading information] | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
| 46 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor at catered event without catering authorization] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 47 | Contravention of section 8 (2) (a) of the Act [manufacturer selling or serving liquor at market without market authorization] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 48 | Contravention of section 8 (2) (a) of the Act [selling liquor at food or beverage festival without temporary off-site sale authorization] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 49 | Contravention of section 8 (2) (a) of the Act [selling or serving liquor without temporary use area authorization] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| 50 | Contravention of section 79 (1) (a) or (2) of this regulation [making structural alteration or changing size or location of service area without amending licence] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 51 | Failure to comply with term or condition requiring compliance with agreement under section 5 of the Liquor Distribution Act | $15 000 – $25 000 | $15 000 – $25 000 | $15 000 – $25 000 | |||
| 52 | Contravention of section 80 (4) of this regulation [failing to keep register of liquor purchases] | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
| 53 | Contravention of section 144 (1) or (3) of this regulation [unlawful dilution or adulteration of liquor or refilling bottles] | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |
| General | |||||||
| 54 | Contravention of any provision of the Act or this regulation or failure to comply with a term or condition not specifically referred to in this Schedule | $1 000 – $3 000 | $3 000 – $7 000 | $7 000 – $11 000 | 1 – 3 | 3 – 7 | 7 – 11 |
2 Despite the repeal of Schedule 2 of the Liquor Control and Licensing Regulation by section 1 of this regulation, the repealed Schedule 2 continues to apply to a contravention of the Act or the regulations or a failure to comply with a term or condition imposed by the general manager that occurs before the date section 1 of this regulation comes into force.
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