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“Point in Time” Act Content

LIQUOR CONTROL AND LICENSING ACT

[SBC 2015] CHAPTER 19

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1October 1, 2018
6October 1, 2018
15May 31, 2018
19October 1, 2018
 October 1, 2018
26May 31, 2018
31May 31, 2018
40October 1, 2018
49May 31, 2018
53.1October 1, 2018
 October 1, 2018
55May 31, 2018
55.1October 1, 2018
57October 1, 2018
 October 1, 2018
61October 1, 2018
74October 1, 2018
79May 31, 2018
83October 1, 2018
 October 1, 2018
122November 17, 2015

  Section 1 definition of "local government", paragraph (c) BEFORE amended by 2018-29-144, effective October 1, 2018 (BC Reg 186/2018).

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

  Section 6 (part) and (a) BEFORE amended by 2018-29-145, effective October 1, 2018 (BC Reg 186/2018).

6   A person who is engaged in the administration of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to another person except

(a) if the disclosure is for the purposes of the administration of this Act,

  Section 15 (2) (b) BEFORE amended by 2018-23-3, effective May 31, 2018 (Royal Assent).

(b) the areas in an establishment or a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;

  Section 19 (2) (c) BEFORE amended by 2018-29-146(a), effective October 1, 2018 (BC Reg 186/2018).

(c) if the application relates to a licence other than a licence of a prescribed class of licences, the applicant is not the owner or, subject to subsection (3), the lessee of the place or premises in respect of which the licence has been or is proposed to be issued;

  Section 19 (3) BEFORE amended by 2018-29-146(b), effective October 1, 2018 (BC Reg 186/2018).

(3) The general manager must not issue or transfer a licence to a person or renew or amend a licensee's licence if the person or the licensee is a lessee of the place or premises under a lease that is not of a duration that is satisfactory to the general manager.

  Section 26 (2) (b) BEFORE amended by 2018-23-4, effective May 31, 2018 (Royal Assent).

(b) the areas at an event site or in a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;

  Section 31 (2) (b) BEFORE amended by 2018-23-5, effective May 31, 2018 (Royal Assent).

(b) the areas at an event site or in a service area where minors are allowed, and the circumstances under which minors are allowed to be in those areas;

  Section 40 (3) and (4) BEFORE repealed by 2018-29-147, effective October 1, 2018 (BC Reg 186/2018).

(3) Despite section 10 of the Islands Trust Act, the trust council as defined in that Act may delegate its powers and duties under section 38 (2) or (3) of this Act.

(4) If the trust council referred to in subsection (3) delegates its powers and duties under section 38 (3),

(a) the trust council must, by bylaw, establish procedures for a reconsideration of delegated comments and recommendations, including how a person may apply for a reconsideration,

(b) in undertaking a reconsideration referred to in paragraph (a) of this subsection, the trust council has the same authority as that conferred on the delegate, and

(c) the delegate must advise the applicant whose application is the subject of the delegated comments and recommendations of the applicant's right of reconsideration.

  Section 49 (2) BEFORE amended by 2018-23-6, effective May 31, 2018 (Royal Assent).

(2) If a licensee fails to report information as required by section 59 or pay a fee required to maintain the licensee's licence, the general manager may, on written notice to the licensee, suspend all or part of the licensee's licence until the report is made or the fees are paid, or cancel the licence.

  Section 53.1 (13) BEFORE amended by 2018-29-148, effective October 1, 2018 (BC Reg 186/2018).

(13) A monetary penalty paid in accordance with a section 51 order must be refunded if the requirement to pay the penalty has been rescinded by a reconsideration order.

  Section 53.1 (14) was added by 2018-29-148, effective October 1, 2018 (BC Reg 186/2018).

  Section 55 (1) BEFORE amended by 2018-23-7, effective May 31, 2018 (Royal Assent).

(1) If the general manager imposes a monetary penalty under section 51 (2) (b) or 53.1 or suspends all or part of a licensee's licence or permittee's permit under section 51 (2) (c) or 53.1, a prosecution for an offence for contravention of the same provision of this Act or the regulations in respect of the circumstances that gave rise to the penalty or suspension may not be brought against the person.

  Section 55.1 (a) BEFORE amended by 2018-29-149, effective October 1, 2018 (BC Reg 186/2018).

(a) a refund of a monetary penalty under section 53.1 (13);

  Section 57 (1) and (2) (part) BEFORE amended by 2018-29-150, effective October 1, 2018 (BC Reg 186/2018).

57   (1) A person commits an offence if the person

(a) contravenes section 7 (1) or (2), 8 (2) or (3), 10 (3) or (6), 44 (6), 46, 60 (1), (2) or (3), 61 (2) or (4), 64 (1), 73 (1), 74 (1), 75, 76 (2), 77 (1), 78 (1), (2) or (3) or 79 (1),

(b) contravenes section 62 (1) or (2) when not exempted under section 62 (3), or

(c) provides false or misleading information in the following circumstances:

(i) when making an application referred to in section 12;

(ii) when making a report or when required and as specified by the general manager under section 59.

(2) A person who commits an offence under subsection (1) in respect of section 8 (2) (a), (b), (c) or (d) or (3) is liable,

  Section 57 (1) (d) was added by 2018-29-150(b), effective October 1, 2018 (BC Reg 186/2018).

  Section 61 (6) BEFORE amended by 2018-29-151, effective October 1, 2018 (BC Reg 186/2018).

(6) A peace officer may arrest, without warrant, a person contravening or suspected of contravening subsection (4).

  Section 74 (2) BEFORE amended by 2018-29-152, effective October 1, 2018 (BC Reg 186/2018).

(2) A peace officer may arrest, without a warrant, a person who is intoxicated in a public place.

  Section 79 BEFORE re-enacted by 2018-23-8, effective May 31, 2018 (Royal Assent).

Minors in establishment, event site or liquor store

79   (1) A licensee or permittee, or an employee of either of them, or a person who sells liquor in a liquor store must not allow a minor to enter or to be in the service area or liquor store if it is prohibited by the terms or conditions of the licence, authorization or permit or by the regulations.

(2) A licensee or permittee must not employ a minor in an establishment or at an event site except as provided in the regulations.

  Section 83 (b) was brought into force by 2015-19-83(b), effective October 1, 2018 (BC Reg 186/2018).

2015-19-83(b) was amended before being brought into force by 2018-29-153.

  Section 83 (b) BEFORE amended by 2018-29-153, effective October 1, 2018 (BC Reg 186/2018).

(b) allowing all or a portion of the fees referred to in paragraph (a) (iii) to be collected and retained by a person who provides a training or recertification program as remuneration for the provision of the training or recertification program;

  Section 122 second item 4 renumbered to item 5 by 2015-41-27, effective November 17, 2015 (Royal Assent).