HomeMy WebLinkAbout2015-09-15 Public Hearing Meeting Agenda and Reports.pdf
City of Maple Ridge
PUBLIC
HEARING
September 15, 2015
CITY OF MAPLE RIDGE
NOTICE OF PUBLIC HEARING
TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall,
11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, September
15, 2015 to consider the following bylaws:
1)2014-014-RZ
MAPLE RIDGE ZONE AMENDING BYLAW NO. 7071-2014
LEGAL: Lot 3, Section 28, Township 12, New Westminster District, Plan 3007
Except: Reference Plan 15218, Plans 66891, LMP46668, LMP47584,
BCP10664, BCP42355, EPP9001 and EPP23139
LOCATION 13316 235 Street
FROM: RS-3 (One Family rural Residential)
TO: R-1 (Residential District) and
RS-1b (One Family Urban (Medium Density) Residential)
PURPOSE To permit a subdivision into 13 lots.
2) 2015-212-RZ
MAPLE RIDGE ZONE AMENDING BYLAW NO. 7161-2015
PURPOSE: To amend the Maple Ridge Zoning bylaw to prohibit the sale of liquor and
wine in grocery stores by adding the following under Part 4, GENERAL
REGULATIONS, Section 401(3);
g) The sale in or from a grocery store, or in or from a store located in a
grocery store, of beer, cider, wine or spirits, or any other product intended for
human consumption, that contains more than 1% alcohol by volume, except
a product produced primarily for cooking purposes
AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other
information considered by Council relevant to the matters contained in the bylaws will also be
available for public inspection at the Municipal Hall, Planning Department counter, between 8:00
a.m. and 4:00 p.m. from September 3, 2015 to September 15, 2015, Saturdays, Sundays and
Statutory Holidays excepted. Some of this information will also be posted on the City website
www.mapleridge.ca on the Your Government /Meet Your Council/Council Meetings page.
ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable
opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws
or by making a written submission to the attention of the Manager of Legislative Services or by
sending an e-mail to the Clerk’s Department at clerks@mapleridge.ca, by 4:00 p.m., September 15,
2015. Please note that all written submissions provided in response to this consultation will become
part of the public record which includes the submissions being made available for public inspection.
Dated this 3rd day of September, 2015.
Ceri Marlo
Manager of Legislative Services
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2014-014-RZ
File Manager: Therese Melser
Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED
1.A completed Application Form
(Schedule “A” – Development Procedures Bylaw No. 5879-1999)
2.An application fee, payable to the District of Maple Ridge, in
accordance with Development Application Fee Bylaw no. 5949-2001.
3.A Certificate of Title and Consent Form if the applicant is different
from the owner shown on the Certificate of Title.
4. A legal survey of the property(ies)
5. Subdivision plan layout
6. Neighbourhood context plan
7. Lot grading plan
8. Landscape plan*+
9.Preliminary architectural plans including site plan,
building elevations, accessory off-street parking and
general bylaw compliance reconciliation*+.
*These items may not be required for single-family residential applications
+ These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01
Additional reports provided:
Geotechnical Report – Valley Geotechnical
Environmental Assessment – Envirowest Consultants
Storm Water Management Plan – Don Bowins
WildFire Development Permit Assessment Report – Diamond Head Consulting
1.
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: July 6, 2015
and Members of Council FILE NO: 2014-014-RZ
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Second Reading
Zone Amending Bylaw No. 7071-2014
13316 235 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS-3 (One Family Rural
Residential) to R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential),
to permit a subdivision into 13 lots; 8 R-1 (Residential District) bare land strata lots and 5 RS-1b
(One Family Urban (medium Density) Residential lots. Council granted first reading to Zone
Amending Bylaw No. 7071-2014 on April 14, 2014. This application is in compliance with the
Official Community Plan (OCP).
As there is no land on the subject property identified for park land in either the Official Community
Plan or the Parks Master Plan in accordance with Section 941 of the Local Government Act,, it is
recommended that Council require the developer to pay to the City an amount that equals 5% of the
market value of the land, as determined by an independent appraisal.
RECOMMENDATIONS:
1)That Maple Ridge Zone Amending Bylaw No. 7071-2014 be given second reading, and be
forwarded to Public Hearing;
2)That Council require, as a condition of subdivision approval, the developer to pay to the City an
amount that equals 5% of the market value of the land, as determined by an independent
appraisal, in lieu of parkland dedication in accordance with Section 941 of the Local Government
Act; and,
3)That the following terms and conditions be met prior to final reading:
i)Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of
the deposit of a security, as outlined in the Agreement;
ii)Road dedication on Larch Avenue as required;
iii)Registration of a Restrictive Covenant for the geotechnical report, which addresses the
suitability of the subject property for the proposed development;
iv)In addition to the Site Profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site.
- 2 -
DISCUSSION:
1)Background Context:
Applicant: Ed Brett and Paul Hayes
Owner: Landmark Enterprises Ltd.
Legal Description: Lot 3, Section 28, Township 12, NWD Plan 3007
OCP:
Existing: Med-High Density Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: R-1 (Residential District) and RS-1b (One Family Urban (Medium
Density) Residential)
Surrounding Uses:
North: Use: Single Family and Duplex Residential
Zone: RT-1 (Two Family Urban Residential), RS-3 (One Family Rural
Residential), and RS-1b (One Family Urban (Medium Density)
Residential)
Designation: Medium Density Residential
South: Use: Single Family and Larch Avenue
Zone: RS-3 (One Family Rural Residential), and RS-1b (One Family
Urban (Medium Density) Residential)
Designation: Medium-High Density Residential, Neighbourhood Park, and
Conservation
East: Use: Single Family and Street Townhouses (new development under
construction)
Zone: R-1 (Residential District) and RST-SV (Street Townhouse)
Designation: Medium-High Density Residential
West: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential)
Designation: Medium Density Residential
Existing Use of Property: Vacant
Proposed Use of Property: Single Family Residential
Site Area: 0.770 Hectares (1.90 acres)
Access: 235 Street and Larch Avenue
Servicing requirement: Urban Standard
- 3 -
2) Project Description:
This subject property (Appendix A) is a remnant parcel and is the last parcel or undeveloped land
north of Larch Avenue and west of 235th Street. There is an existing 3.0 metre wide statutory right-
of-way for drainage along the northern property boundary serving land to the north, which is to be
retained.
The preliminary subdivision plan (Appendix C) shows a total of 13 single family residential lots, of
which 5 lots are proposed to be zoned RS-1b (One Family Urban (Medium Density) Residential),
ranging in size from 557 m² to 635 m² and accessed off of 235th Street. The remainder lot will be
part of a bare land strata subdivision into eight (8) lots, ranging in size from 373 m² to 392 m²,
accessed off of Larch Avenue.
The topography of the subject property is challenging with some areas showing 15-25% slopes. The
proposed RS-1b (One Family Urban (Medium Density) Residential) lots facing 235 Street follow the
existing lot pattern to the north and west of the subject property. This will leave an inaccessible,
deeper remainder lot on the eastern portion, which can only be accessed off of Larch Avenue.
Further subdivision of this remainder lot is not possible due to the lack of possible fronting public
road. Therefore, a subdivision is required utilizing a private road to create the remaining 8 lots.
(Appendix C)
The proposed R-1 (Residential District) lot sizes within the bare land subdivision arrangement are
compatible with lots to the east of the subject property (RZ/075/09). The RS-1b (One Family Urban
(Medium Density) Residential) lots facing 235 Street will not have access off the private bare land
strata lane. All the off-site upgrades to roads and servicing will be required as a condition of final
reading.
3) Planning Analysis:
i) Official Community Plan:
The subject property is designated Medium-High Density Residential, and is located within the Silver
Valley Area Plan between the Forest Hamlet and the River Village. The proposed RS-1b One Family
Urban (Medium Density) Residential lots and R-1 (Residential District) zones align with the OCP
designation.
In February 2012, Council approved a development proposal (RZ/075/09), east of the subject
property for 13 single family lots zoned R-1 (Residential District) and 17 street townhouses zoned
RST-SV (Street Townhouse – Silver Valley). That application RZ/075/09 included the construction of
the new Larch Avenue. The proposal fits with the existing neighborhood context. The proposed zones
follow the neighborhood’s pattern and align with the existing OCP designation. An OCP amendment is
not required.
ii) Zoning Bylaw:
The application proposes to rezone the property located at 13316 235 Street to R-1 (Residential
District) and RS-1b (One Family Urban (Medium Density) Residential) to permit a subdivsion of 13
lots; 5 R-1 (Residential District) residential lots and 8 bare land strata lots zoned RS-1b (One Family
Urban (Medium Density) Residential).
The proposed R-1 (Residential District) zone requires a minimum lot size of 371 m2; a minimum lot
width of 12 metres and a minimum lot depth of 24 metres. The proposed lots meet the minimum
zoning provisions and it is anticipated no Development Variance Permit will be required. The
proposed RS-1b (One Family Urban (Medium Density) Residential) zone requires a minimum lot area
of 557 m2; a minimum lot width of 15 metres and a minimum lot depth of 27 metres. The maximum
- 4 -
height permitted in the RS-1b (One Family Urban (Medium Density) Residential - Medium Density)
zone is 9.5 metres, and in the R-1 (Residential District) zone is 9.0 metres. The developer may seek
in the future a variance for building heights to 11.0 metres as is common in the immediate vicinity.
iii)Development Permits:
Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is
required for all development and subdivision activity or building permits for all lands with an
average natural slope of greater than 15 percent;
Pursuant to Section 8.12 of the OCP, a Wildfire Development Permit application is required for all
development and subdivision activity identified in wildfire risk areas.
iv)Parkland Requirement:
As there are more than two additional lots proposed to be created, the developer will be required to
comply with the park dedication requirements of Section 941 of the Local Government Act prior to
subdivision approval.
No parkland is identified by the OCP or the Parks Master Plan on this site. Therefore Council will
require the developer to to pay to the City an amount that equals the market value of 5% of the land
required for parkland purposes. The amount payable to the City in lieu of park dedication must be
derived by an independent appraisal at the developer’s expense. Council consideration of the cash-
in-lieu amount will be the subject of a future Council report.
4)Interdepartmental Implications:
i)Fire Department:
The application is within the Wildfire Development Permit Area, and the Fire Department has
reviewed the development application to start discussion on the wildfire mitigation requirements. An
assessment report will be required. Since the property is not against the forest edge, the focus for
this property will be on appropriate fire smart construction materials and appropriate landscaping
features as prescribed in the fire smart BMP guide.
ii)Engineering Department:
The Engineering Department has reviewed the development application and has advised that all
required off-site services do not exist; therefore, a Rezoning Servicing Agreement is necessary prior
to final reading. The Engineering Department will also require a small amount of road dedication on
Larch Avenue, in line with the development to the east.
iii)Building Department:
The Building Department has reviewed the application and commented on the Stormwater
Management Plan/Geotech report and Comprehensive Lot Grading Plan. The comments were
communicated back to the applicant; the comments that needed to be dealt with immediately are
now solved. Restrictive covenants are required for registration of the Stormwater Management Plan
and GeoTech report. No-Build/No-Disturb covenant is required for future maintenance of the
drainage behind the wall. No part of the proposed retaining wall can encroach the Sewer Right-Of-
Way.
5)School District No. 42 Comments:
Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is
required at the time of preparing or amending the OCP. A referral was sent to School District No. 42
on March 5, 2015 and comments have not been received at this point.
- 5 -
CONCLUSION:
It is recommended that second reading be given to Maple Ridge Zone Amending Bylaw No. 7071-
2014, and that application 2014-014-RZ be forwarded to Public Hearing.
It is further recommended that Council require, as a condition of subdivision approval, the developer
to pay to the City an amount that equals 5% of the market value of the land, as determined by an
independent appraisal, in lieu of parkland dedication.
*Originally signed by Therese Melser
_______________________________________________
Prepared by: Therese Melser
Planning Technician
*Originally signed by Christine Carter
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
*Originally signed by Frank Quinn
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
*Originally signed by Frank Quinn
_______________________________________________
Concurrence: Frank Quinn, MBA, P.Eng
Acting Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Maple Ridge Zone Amending Bylaw No. 7071-2014
Appendix C – Subdivision Plan
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Feb 24, 2014 FILE: 2014-014-RZ BY: PC
CORPORATION OFTHE DISTRICT OFMAPLE RIDGE
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:2,000
ROLL #73884-0000-X(LARCH AVENUE)
APPENDIX A
CITY OF MAPLE RIDGE
BYLAW NO. 7071-2014
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 - 1985 as amended
___________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows:
1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7071-2014."
2.That parcel or tract of land and premises known and described as:
Lot 3 Section 28 Township 12 New Westminster District Plan 3007
Except: Reference Plan 15218, Plans 66891, LMP46668, LMP47584, BCP10664,
BCP42355, EPP9001, AND EPP23139.
and outlined in heavy black line on Map No. 1615 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District), and
RS-1b (One Family Urban (Medium Density) Residential).
3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 22nd day of April, 2014.
READ a second time the 14th day of July, 2015.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX B
1332213243234122345
5234102340723415
23444
2346223417
2348023476
13406
2
3
5
7
5
13350
13366
2
3
5
8
1 2359713343
13371
13340
236052361113376
23658234062341323486
13319
13375
13395
2351313412
13312
2358913319
13339
13367
236292363023638
2340813408
13285
234
4
7
23
4
3
023414 2341113301
13305
13335 13336/40
13370
2355013327
13373
23557
23570235742358223
5
8
5
13359
13363
13326
13260
13382
2362313332
13202
13210
23465
23480
2347913360
13400
2354513321
13339
13363
13332
13360
13245
13346
1335623605 2363923635233752341623456
2
3
4
2
0
23430
234212346913365
13357
2355113305
13318
13283
13351
23613236212361723629236502364523646
13291
23468
13313
13325
2350013409
13418
13390
13313
13317
13345
13349
13346
13356
13227
13277
132952359313315
13331
13375
13312
13350
23
4
2
523405 23450
23426
2349213309
13355
13380
13309
13331
13353
2
3
5
6
3
13322
13328
13289
13325
13355
13380
236462364023637234182346113345
13385
13350
13335
13341
13367
13336
13340
13215
13335
13347
13379
13320
13332
13336 23643B
A
L
S
A
M
S
T
.
CROSS RD.
LARCH AVE.BALSAM ST.236 ST.133 AVE.LARCH AVE.
133A AVE.235A ST.235 ST.236 ST.42
26
38
33
32
37
3
6
2
18
25
22
13
15
6
8EPP 2313911
EPP 12189LMP 4340521
17
5
1219
16
P 13167
28
Rem A
4
5
32
9EPP 2313911
23
22
EPP 1248114
4EPP 90017
13
10
4
20
1
36
45 37
24 BCP 10664
34
29
PARK
LMP 52145LMP 521454
RP 15218
8
LMP 50571*6
7
14
2
6
4
24
19
26
17
11 EPP 231399
27
21
16
7
6
LMP
5
2
3
3
7
15
23
BCP 315540
1
25
31
27
2
1
31
4
*PP159
Rem 3
33
1
5
35
2928
20
12
5
8
18 17
13
9
22
24
2
30
31
9
BCP 42355
30
8 7 LMP 47584*2
16 9
24
21
3
10
P 47603
4
19
18
14
23
24
PARK
35
10BCP 10664PARK
3
7
PP X4138
38
4
7
1
8
7
P 3742220
2
12
23
15
LMP 50153
BCP 10664
27 28
P 13167
39
26
29
PARK
P 24142
6
17
BCS 577
P 3007
1
3
5
15
P 40978
EPP 12481
6
10
3
3
39
26 30
21EPP 1248116 EPP 1218920 15
5
6 14
41
22
3
P 40978
LMP 52145
LMP 50153
30
P 37422
5
2
4
5
10
8
25
19
1
1 2
22
P 47603
3
16
14
11
EPP 23135EPP 12482EPP 9002RW 66892EPP 23135
EPP 12484EPP 12484EPP 12484
EPP 12484EPP 12483BCP 52028
EPP 9002
EPP 12484 LMP 35465LMP50241
EPP 23135
LMP 35465LMP 52146
EPP 9002
BCP 29630EPP 12483EPP 1248
2
EPP 12482
LM
P
5
2
3
3
9
BCP44421
EPP 1248
2
E
P
P
1
2
1
9
0
BCP 29631
LMP 52146EPP 33955´
SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
R-1 (Residential District)RS-1b (One Family Urban (Medium Density) Residential)
7071-20141615
APPENDIX C
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2015-212-RZ
File Manager: Adrian Kopystynski
Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED
1.A completed Application Form
(Schedule “A” – Development Procedures Bylaw No. 5879-1999)
2.An application fee, payable to the District of Maple Ridge, in
accordance with Development Application Fee Bylaw no. 5949-2001.
3.A Certificate of Title and Consent Form if the applicant is different
from the owner shown on the Certificate of Title.
4. A legal survey of the property(ies)
5. Subdivision plan layout
6. Neighbourhood context plan
7. Lot grading plan
8. Landscape plan*+
9.Preliminary architectural plans including site plan,
building elevations, accessory off-street parking and
general bylaw compliance reconciliation*+.
*These items may not be required for single-family residential applications
+ These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01
Additional reports provided:
2.
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: August 31, 2015
and Members of Council FILE NO: 2015-212-RZ
FROM: Chief Administrative Officer MEETING: Workshop
SUBJECT: First and Second Reading
Maple Ridge Zone Amending Bylaw No. 7162-2015
Zoning Bylaw Text Amendment for a “1 km rule” OR to require site specific text
amendments for Wine Stores in Grocery Stores.
EXECUTIVE SUMMARY:
At a Council Meeting held on July 28, 2015, Council directed staff to prepare a report implementing
a minimum 1 kilometre distance rule (the 1-km Rule) through a Zoning Bylaw amendment for all
future alcohol beverage retailers in Maple Ridge. Council passed the following resolution:
That staff be directed to prepare a report on options for the implementation of a minimum
one km distance rule for all future beverage alcohol retailers in Maple Ridge.
Through the Council discussion, it was acknowledged that the report would also include the actual
bylaw amendments. The report provides for two alternative approaches to achieving the 1 kilometre
distance rule. The first prohibits alcohol and wine sales in grocery stores (Appendix G) and the
second is a general regulation to establish a 1 kilometre distance rule for all future alcohol beverage
retailers in Maple Ridge (Appendix H), along with the rationale for the proposed amendments.
A third option (status quo) is also included in the report.
RECOMMENDATION:
1.That Council proceed with one of the following:
(a) Make no changes and maintain the “status quo” with the Liquor Control
Licencing Branch regulating the licensing of liquor sales in grocery stores
through their regulations and directives; or
(b) Amend the Zoning Bylaw to prohibit liquor sales in all grocery stores, such that a
site specific Zoning Bylaw amendment would be required for any grocery store
wishing to sell wine or other liquor; or
(c) Amend the Zoning Bylaw to prohibit the sale of liquor in grocery stores that are
located within 1 kilometre of an existing liquor store.
and
2.In conjunction with options (b) or (c), if selected, Council grant version 1 or 2 of Maple
Ridge Zone Amending Bylaw No. 7162-2015 first and second reading, and forward the
bylaw to the September 15, 2015 Public Hearing.
2
DISCUSSION
1.Background Context
Council received a letter dated June 18, 2015 from the Alliance of Beverage Licensees (ABLE BC)
(see Appendix A) regarding Bill 22, the new Special Wine Store Licence Auction Act (see Appendix B).
The Alliance expressed concern about the impact of wine sales in grocery stores on private liquor
stores (referred to as “licensee retail stores” under the Liquor Control and Licensing Act and the
Liquor Control and Licensing Regulation). The Alliance noted that licences issued under the new Act
“are not subject to the 1 kilometre distance rule” and requested that the City “implement a
minimum 1 kilometre distance rule for all future beverage alcohol retailers in Maple Ridge.”
In reading this report, these terms are included and are described for convenience as follows:
Liquor (Licensee) Retail Store (LRS) otherwise known as a Private Liquor Store. At this time,
no more of these licences are being issued.
BC Liquor Store (BCLS) otherwise known as a Government Liquor Store.
Wine Store (WS) licences are for wine stores including winery-operated stores, independent
wine stores (IWS), VQA stores and tourist wine stores. At this time, no more of these licences
are being issued.
VQA Store is a wine store owned and operated by the BC Wine Institute.
Special Wine Store licences will be issued through an auction process once Bill 22 Special
Wine Store Licence Auction Act is enacted.
Also, there are essentially two key points around which much of this report revolves. The first key
point is that there are two different legislative changes: (a) the changes to the Liquor Control and
Licensing Regulation made by BC Reg 42/2015 on April 1, 2015; and (b) the changes that will be
made by the new Act, the Special Wine Store Licence Auction Act, once that Act is brought into force.
Both of these legislative changes will allow for liquor sales in grocery stores. The amendments to
the Regulation do this by allowing existing wine store licences or licensee retail licences to be
changed and to be relocated to within a grocery store. The Special Wine Store Licence Auction Act
will also allow wine sales in grocery stores (once it is enacted) by providing for the issuance of a
number of new special wine store licences to sell wine in grocery stores. The second key point is that
neither of the legislative changes alters the 1 kilometre rule which was, and will continue to be,
applicable to licensee retail stores but which was not, and will continue not to be, applicable to wine
stores.
There are several elements of the ABLE BC letter that may require some clarification. First, as noted
above, Bill 22 (the Special Wine Store Licence Auction Act) was enacted on May 14, 2015, but is not
yet in force. It is unknown at this time when that Act will be brought into force. Second, while the
Special Wine Store Licence Auction Act provides a mechanism by which a limited number of new
wine store licences to sell wine in grocery stores will be available through an auction, that Act when
enacted will not establish any distance separation rules. Even before the current amendments,
wine stores were not subject to a rule requiring them to be located at least 1 kilometre from licensee
retail stores. In other words, a wine store could locate next door to a licensee retail store even
3
before Bill 22 was drafted. By contrast, licensee retail stores are subject to a the 1 kilometre
separation rule from another licensee retail store and they will remain subject to that rule after the
Special Wine Store Licence Auction Act is brought into force. The third thing to note about the ABLE
letter is that it does not mention the changes that were made to the Liquor Control and Licensing
Regulation by Bill 27 on April 1, 2015. Unlike Bill 22, those regulatory changes are in force, thereby
permitting the relocation of existing licensed Wine Stores into grocery stores. In other words, there is
no 1-kilometre rule before or after the regulations changed and no provision in Bill 22 once enacted
to have a 1-kilometre rule for wine store or special wine store licensees.
While the ABLE BC letter does not mention the April 1, 2015 amendments of the Liquor Control and
Licensing Regulation, staff assumes that ABLE BC wishes Council to implement a 1 kilometre rule in
relation to the relocation of existing wine stores to grocery stores pursuant to those amendments in
addition to implementing such a rule in relation to special wine store licences to sell wine in grocery
stores under the Special Wine Store Licence Auction Act, once that Act is brought into force. In any
event, Council’s resolution of July 28, 2015 directed staff to report on options for implementing a
minimum 1 kilometre distance rule that would apply to “all future beverage alcohol retailers in
Maple Ridge” This would introduce a restriction that would apply to (a) existing wine stores that
wish to relocate to a new location under the Liquor Control and Licensing Regulation; (b) licensee
retail stores that wish to relocate to a new location under the Liquor Control and Licensing
Regulation; and (c) special wine stores for which new licences are issued once the new Special Wine
Store Licence Auction Act is brought into force.
The following is further explanation of the regulatory changes that have been made as of April 1,
2015 and of the changes that will be effected by the new Special Wine Store Licence Auction Act
once it is brought into force.
(a) Old Provincial Regulations
Prior to April 1, 2015, the following rules were in place under the Liquor Control and Licensing
Regulation:
1.No new licences could be issued for wine stores or licensee retail stores, but existing
licences could be amended including for the purpose of allowing the licensee to operate
from a different location.
2.Wine store licences could be amended (with approval of the General Manager) to allow
relocation of the store to a new location, no matter what distance the new wine store was
from another wine store or from a licensee retail store or a government liquor store.
3.Licensee retail store licences could be amended (with approval of the General Manager) to
allow relocation of the store to a new location so long as (a) the new location was not within
1 km of another licensee retail store and (b) the new location was not less than 5 km from
the location of the old store (if the old store was in another local government’s territorial
jurisdiction).
4
4.Wine stores and licensee retail stores could not be located within a building containing
another business unless the wine store or licensee retail store had a separate entrance and
was separated from other businesses within the building by floor to ceiling walls.
5.Wine stores and licensee retail stores could not appear to be associated with another
business.
Under the old provincial regulations, existing wine stores could be relocated to any location (no
distance separations rules), including locations next to grocery stores or next to licensee retail
stores, but could not be located within a grocery store (or within any other store for that matter).
Rules 4 and 5 effectively prevented any liquor outlet (whether a wine store or licensee retail store)
from locating within another store.
Existing licensee retail stores could also be relocated to any location, including locations next to
grocery stores or wine stores, subject to the requirement (not applicable to wine store relocations)
that the new location was not within 1 kilometre of an existing licensee retail store. Under the old
provincial regulations, licensee retail stores (like wine stores) were prevented from being relocated
to within any other store, including a grocery store.
(b) New Provincial Regulations
(i) BC Reg 42/2015 (April 1, 2015)
On April 1, 2015, the Province amended the Liquor Control and Licensing Regulation to relax the
rules regarding the relocation of existing wine stores and licensee retail stores to allow relocation to
within grocery stores. The amendments accomplish this by changing rules 4 and 5 above for grocery
stores only. As of April 1, 2015, a wine store licence or a licensee retail store licence can be
amended to allow wine stores or licensee retail stores to be located within grocery stores as “stores
in stores” or, in the case of certain types of wine store licences, to a “wine on shelf” model. This will
be discussed further below. Grocery stores are the only type of store in relation to which the
structural and associational rules (rules 4 and 5) of the old provincial regulations have been relaxed
by the April 1 amendments. A licensee retail store or a wine store still cannot be located within any
other type of store. The relaxation (in relation to grocery stores) of the structural separation rule and
the rule prohibiting licensee retail stores or wine stores from appearing to be associated with
another store is the main change made by the April 1, 2015 amendments.
The April 1, 2015 amendments do not allow the issuance of any new licences: they deal only with
licence amendments to allow existing licences to be relocated to new establishments, except to
extend the rule so that licensee retail stores are now unable to relocate to within 1 kilometre of
another licensee retail store or a government liquor store. The April 1, 2015 amendments also did
not change the 1 kilometre distance separation rule. It remains the case that licensee retail store
licences cannot be amended to allow relocation to a new location that is within 1 kilometre of
another licensee retail store. That remains the case even if the new location is a grocery store. It
also remains the case that wine store licences can be amended to allow the wine store to relocate
to a new location whether or not that location is within 1 kilometre of another wine store or a
licensee retail store.
5
The 5 kilometre rule for the relocation of licensee retail stores was removed by the April 1, 2015
amendments. It is now the case that a licence can be amended to allow a licensee retail store to
relocate to another location even if the location of the old store is in another local government
jurisdiction and is more than 5 kilometres from the new location.
It should be noted that while the 1 kilometre rule for licensee retail stores was not changed by the
April 1, 2015 amendments, that rule is not absolute. The General Manager is authorized to grant
relief from it under section 14(6) of the Liquor Control and Licensing Regulation. That subsection is
as follows:
(6) If an application to amend a licence in respect of a licensee retail store to relocate the store
does not comply with subsection (5) (a), the general manager may approve that application
in one of the following circumstances only:
(a) if a licensee proposes to relocate its licensee retail store to a new location that has the
same parcel identifier number as the current location, even if the new location is within 1.0
km of another licensee retail store or liquor store or the proposed location of another store;
(b) if a licensee proposes to relocate its licensee retail store that is currently within 1.0 km of
another licensee retail store or liquor store or the proposed location of another store, and
the new location is not closer to the licensee retail store or liquor store or proposed location
of another store than the licensee retail store's current location;
(c) if a licensee proposes to relocate its licensee retail store and the shortest travelling
distance by road between the new location and another licensee retail store or liquor store
or the proposed location of another store is 1.0 km or more because of a natural barrier
between the new location and the licensee retail store or liquor store or proposed location of
another store;
(d) if a licensee proposes to relocate its licensee retail store because the licensee retail store
was substantially damaged by fire or natural disaster, even if the new location is within 1.0
km of another licensee retail store or liquor store or the proposed location of another store.
Section 14(6)(c) has relevance in Maple Ridge, because the Specialty Liquor Store at 160 – 20398
Dewdney Trunk Road could conceivably relocate to within the Safeway at 20201 Lougheed Highway
if Council decides not to proceed with a zoning amendment. Specialty Liquor Store at 160 – 20398
Dewdney Trunk Road is currently within 1 kilometre of several other licensee retail stores. If it was
relocated to Safeway at 20201 Lougheed Highway, it would be moving to a location that is also
within 1 kilometre of those licensee retail stores, but it would be moving further away from them
than it was before the move. In those circumstances, the General Manager is authorized to approve
the move under s.14(6)(c) despite the new location being within 1 kilometre of a licensee retail
store.
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Following the 2014 Liquor Policy Review undertaken by the Province, the Province published Policy
Directive 15-01 (attached as Appendix C) to explain the (then pending) April 1, 2015 regulatory
amendments. The Policy Directive describes in the introduction the general key policies reflected in
the amendments:
The implementation of the Liquor Policy Review (LPR) report recommendations will permit the
implementation of liquor sales in grocery stores, effective April 1, 2015. This directive describes
the following key policies that will allow liquor and wine sales in grocery stores effective April 1,
2015:
Grocery store eligibility has been defined
Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on the
shelf, but not both at the same location
Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within-
a-store grocery store, subject to distance restrictions
The 1 km distance criteria separating LRS’s has been retained and extended to include
BCLS’s
The regulation restricting LRS relocation outside its local government/First Nation
jurisdiction (i.e. the 5 km rule) has been repealed
The LRS moratorium has been maintained
Wine stores, other than winery-owned and sacramental wine stores, may relocate to
grocery stores in either a store-within-a-store model or for the sale of 100% BC wine off
store shelves
LRS’s and wine stores owned by or located within eligible grocery stores may cobrand.
The Policy Directive describes eligible grocery stores as follows:
Eligibility to be eligible for liquor sales, a grocery store must have a minimum of 10,000 square
feet of space, including storage space, and must be primarily engaged in retailing a general line
of foods including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared
meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor
beverages. To maintain eligibility, these conditions must continue to be met, along with the
following additional requirements: that the sales revenue from food and non-liquor beverages:
totals at least 70% of non-liquor sales, and
totals at least 50% of all sales, including liquor sales from a retailer located in the
grocery store.
Convenience stores and multipurpose stores are not eligible.
Separate sections are included in the Policy Directive explaining the rules applicable to licensee
retail store licensees wishing to relocate to a grocery store and to wine store licensees wishing
relocate to a grocery store, in the latter case with an outline of the rules for both the “store in store”
model and the “wine on shelf” model.
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Those sections of the Policy Directive are set out here:
Liquor stores within grocery stores
The liquor store within the grocery store must be at least 1 km away from any other LRS or BC
Liquor Store. Distance is measured from the front door of the other liquor store to the front door
of the store within the grocery store, as the crow flies.
Liquor stores within grocery stores must be physically separated from the rest of the grocery
store with controlled access and separate cash tills within the liquor store. The same shopping
cart will be permitted to move between the grocery and liquor stores.
The entire perimeter of the licensed area must be identifiable. The majority of the perimeter of
the licensed area must be bounded by a fixed and immoveable barrier. For the portion of the
perimeter that is not fixed and immovable, the barrier must be sufficient to:
monitor and control entrance to the licensed area,
prevent unaccompanied minors from accessing the area,
secure the retail area when required (i.e. when operating hours for the liquor retail area do
not align with grocery store hours), and
identify the main entrance (including what is considered to be the front door) to the licensed
area.
An eligible grocery store will be able to co-brand with an LRS that is located within the grocery
store or with any stand-alone LRS that the eligible grocery store owns, regardless of its location.
The grocery store and the associated LRS must be legally affiliated and either the same legal
entity or wholly owned subsidiaries of the same legal entity for stand-alone stores.
Wine in Store
Effective April 1, 2015, wine store licences, other than winery-owned or sacramental wine
stores, may be relocated to a grocery store.
A wine store licence can relocate within a grocery store, either in a separate store or on shelf.
There is no distance restriction between other liquor retail or wine store outlets that prohibits the
relocation of a wine store.
Wine stores within grocery stores must be physically separated from the rest of the grocery store
in the same manner as a liquor store within a grocery store, as described above.
The wine store-within-a-store may sell any type of wine that is permitted under the terms and
conditions of their licence. For example, an independent wine store can sell any imported or
domestic product. A BC VQA store can only sell BC VQA wine.
8
An eligible grocery store will be able to co-brand with a wine store that is located within the
grocery store or with any stand-alone wine store that the grocery store owns. The owner of the
grocery store and the wine store must be the same legal entity for standalone stores.
Wine on Shelf
A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015.
The wine store licensee must transfer the wine store licence to the grocery store owner. The
exception is for BC VQA stores whose licences are held by the BC Wine Institute (BCWI). In that
case, the BCWI will continue to hold the licence but must apply to appoint the grocery store as
the third party operator. The types of products that may be sold off the shelf will be determined
by the type of wine store licence as described below.
If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines can be
sold off the shelf.
If the wine store licence allows wine to be sold that is made from 100% BC agricultural products,
all types of BC wine, including cider, mead and sake, can be sold off the shelf. If the wine store
licence allows all types of wine (imported and domestic) to be sold, only 100% BC produced
wine (including cider, mead and sake) may be sold off the shelf, and the terms and conditions of
the wine store licence will be amended to reflect this restriction.
Wine that is sold off the shelf may be purchased at designated tills or regular tills. Regardless of
the type of till, the staff making the sale must have Serving it Right certification and be at least
19 years of age.
The Policy Directive deals exclusively with the rules applicable to the relocation of existing licences.
It does not deal with the new Special Wine Store Licence Auction Act.
(ii) Bill 22 (Special Wine Store Licence Auction Act)
On May 14, 2015, the Province enacted the Special Wine Store Licence Auction Act. The Act is not
yet in force and it is not known when it will be brought into force. When it is brought into force, the
Special Wine Store Licence Auction Act (and the yet to be enacted regulations to be made under it)
will provide for an auction system by which a limited number of successful bidders will be sold the
right to acquire new “special wine store licences” under the Liquor Control and Licensing Act. It is
not known how many new licences the Province intends to distribute under this Act. The new
licences issued under the Act will allow wine, cider and sake produced from British Columbia
products to be sold from approved locations within grocery stores. Like existing wine store licensees
who relocate to grocery stores (or to any other location), persons who acquire special wine store
licences under the Special Wine Store Licence Auction Act will not be subject to the requirement
that the grocery store within which wine, cider and sake is to be sold be located at least 1 kilometre
from an existing licensee retail store.
9
Under the Act, “grocery store” is defined as follows:
"grocery store" means a store that
(a) is primarily engaged in retailing food and non-alcoholic beverages that are
specified in the regulations, and
(b) has an area of at least 929 square metres;
2.Planning Analysis
Location of Existing Liquor Stores and Eligible Grocery Stores:
Appendix D shows the locations of existing grocery stores in Maple Ridge that meet the eligibility
criteria under the Provincial regulations. It also shows the location of private and government liquor
stores (see Appendix E for LCLB category and City Zoning). The proximity of those stores to the
eligible grocery stores is shown by a 1 kilometre circle around each grocery store. The following is a
list of the eligible grocery stores in Maple Ridge and the private and government liquor stores:
Grocery Stores
1.Safeway, located at 20201 Lougheed Highway (Zoned CD-2-98)
2.Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway (C-2)
3.Langley Farmers Market, located at 11935 207 Street (C-2)
4.Extra Foods, located at 22427 Dewdney Trunk Road (C-3)
5.Thrifty Foods, located at 11900 Haney Place (C-3)
6.Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway (C-3)
7.Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road (C-2)
Liquor Stores (Private and Government)
A. Specialty Liquor Store, located at 160 20398 - Dewdney Trunk Road (Westgate Mall)
B. Maple Ridge Liquor Store, located at 20690 Lougheed Highway (former Buffalo Club)
C. Dartford’s Liquor Store, located at 11232 Dartford Street
D. The Office Liquor Store, located at 21525 Dewdney Trunk Road
E. Firefly Fine Wines and Ales (Maple Ridge) , located at 21755 Lougheed Highway
F. Haney Motor Hotel, located at 22222 Lougheed Highway
G. Witch of Endor LRS, located at 22648 Dewdney Trunk Road
H. Haney (Government Liquor Store #065), located at 300-22709 Lougheed Highway
I. Black Sheep Pub Liquor Store, located at 12968 232 Street
J. Outpost Liquor Store (The) , located at 23988 Dewdney Trunk Road
K. Shake & Shingle Liquor Store, located at 9610 287 Street
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Zoning Bylaw:
Maple Ridge Zoning Bylaw No. 3510-1995 defines the terms “Retail” and “Licensee Retail Store” as
follows:
RETAIL means a use providing for the sale for final consumption, in contrast to a sale for
further sale or processing, and includes accessory manufacturing or assembly of the articles
for sale, and excluding adult entertainment and pawnshop use.
LICENSEE RETAIL STORE means an establishment with a valid Licensee Retail Store
License provided by the Liquor Control and Licensing Branch that is permitted to sell all
types of packaged liquor for consumption off the premise.
Wine stores engage in retail use falling within the definition of “retail” in the bylaw. Wine stores do
not fall within the definition “licensee retail store,” because they are permitted under their licence to
sell limited types of packaged liquor. Wine stores are thus currently permitted only in zones in which
the use “retail” is allowed.
Private liquor stores operate under the provincial regulations pursuant to a licensee retail store
licence, a type of licence which is described under the regulations as allowing the sale of all types of
packaged liquor (subject to case specific licence limitations). They therefore fit within the definition
of “licensee retail store” in the Zoning Bylaw. Accordingly, private liquor stores are currently
permitted in those zones in which “licensee retail store” is permitted.
The seven eligible grocery stores identified in a previous section are all zoned either
COMPREHENSIVE DEVELOPMENT CD-2-98 (permits a grocery store), COMMUNITY COMMERCIAL C-2
and TOWN CENTRE COMMERCIAL: C-3. Are zones in which both “retail” and “licensee retail store”
are permitted uses. Other zones where both “retail” and “licensee retail store” are permitted uses
include: VILLAGE CENTRE COMMERCIAL C-5, HERITAGE COMMERCIAL H-1, CD-2-85, CD-1-86, CD-1-
87, CD-5-88, CD-6-88, CD-3-92 (permits a grocery store) and the proposed CD-1-13 (located at
Brown Avenue and Edge Street currently at 3rd reading). Under the current zoning wine stores or
licensee retail stores could both be located within any of the seven grocery stores listed in the
previous section.
Possible Outcomes if No Zoning Amendment:
Wine in Grocery Stores
Based on the definition of “eligible grocery store” in the Liquor Control and Licensing Regulation and
of “grocery store” in the Special Wine Store Licence Auction Act, certain grocery stores in Maple
Ridge would be eligible to have a wine store licence relocated to the store under the Liquor Control
and Licensing Regulation as of April 1, 2015 or to have a wine, cider and sake sold in the store
pursuant to a special wine store licence issued in respect of its location once the Special Wine Store
Licence Auction Act is in force.
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These grocery stores are as follows:
1.Safeway, located at 20201 Lougheed Highway
2.Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway
3.Langley Farmers Market, located at 11935 207 Street
4.Extra Foods, located at 22427 Dewdney Trunk Road
5.Thrifty Foods, located at 11900 Haney Place
6.Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway
7.Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road
Liquor stores in grocery stores
The Liquor Control and Licensing Regulation would prevent any licensee retail store from outside
Maple Ridge relocating to any grocery store in Maple Ridge, because the eligible grocery stores are
all within 1 kilometre of an existing licensee retail store. However, there appear to be two licensee
retail stores in Maple Ridge that could possibly relocate to a Maple Ridge grocery store. The
Specialty Liquor Store (Westgate Mall) at 160 – 20398 Dewdney Trunk Road could possibly relocate
to Safeway store because it would be moving further away from the other licensee retail stores that
are currently within a kilometre from it. The General Manager would have discretion under section
14(6)(c) of the Liquor Control and Licensing Act to approve the move. Second, the General Manager
could approve a move by the Outback Liquor Store from its current location at 240th, to Save-on-
Foods (former Cooper’s Foods) at 240th Street, because it would not be moving to within a kilometre
of another licensee retail store.
The Policy Directive augments one aspect of the distance separation rule. Previously exempt,
Government liquor stores became subject to the I kilometre separation rule. The following is quoted
from the Directive:
Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within-
a-store grocery store, subject to distance restrictions
The 1 km distance criteria separating LRS’s has been retained and extended to include
BCLS’s
The Policy Directive sets out the following:
BC Liquor Store Relocations
Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores, prohibiting
them from locating within one kilometre of a LRS and vice versa. There is an exception for
BC Liquor Stores that already have store relocations in process. If a BCLS can demonstrate
they had valid interest the new location prior to February 27, 2015, they will be exempt from
the one kilometre rule. The same exception was applied previously to LRS’s when the
distance restriction was implemented.
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Other Municipalities:
LCLB staff has indicated a number of municipalities have been prompted by ABLE BC or generally
about the absence of a geographic criteria for the licensing of wine sales in grocery stores. The
following are some examples or practices in place in other municipalities:
Kamloops
A bylaw was taken forward to Public Hearing in Kamloops on July 28, 2015, to amend the General
Regulations by adding the following provision:
“No retail liquor sales may occur within 1 km of another retail liquor sales use (as measured
in a straight line form the primary retail entrance to the primary retail entrance).“
Following the Public Hearing, the amendment was defeated on a tie vote. However, there was a
more recent motion to bring the matter back for reconsideration and the decision was made to
proceed with the bylaw.
Vancouver:
The City of Vancouver’s Zoning and Development Bylaw defines a “liquor store” and excludes it from
“retail” and “commercial” uses. They also have Liquor Store Guidelines, which limit the number of
liquor stores within a Local Shopping Area. The City is currently holding all of their “wine-on-the-
shelf” applications until they conduct a formal review of their bylaws later this year or in 2016.
Pitt Meadows:
Staff was directed by Council to contact the City of Pitt Meadows to determine if they intend to apply
the 1 km distance restriction on their alcohol retailers, as Council was concerned about the impact
of this on the grocery stores located on the west side of Maple Ridge. Their Staff responded on July
29, 2015, that they are looking into the implications of the new regulations. They have forwarded
some questions to the LCLB and are awaiting a response before determining their course of action.
Staff will inform Maple Ridge of their correspondence moving forward.
Burnaby:
The City of Burnaby has broader restrictions in place. Their Zoning Bylaw has restricted private and
government stores for a number of years. LRS and BCLS are defined and each is allowed in its own
separate zone. For example, their General Commercial District (C3) zone permits a wide range of
uses, but not a LRS or BCLS. The C3a zone includes all C3 Zone uses plus a BCLS; the C3h zone
allows all C3 zone uses plus a LRS.
Therefore, any new or an existing liquor and wine store being transferred to a property not allowing
these uses is assessed through rezoning on its own merits. Therefore, the recent change in
legislation with the absence of the “1-km Rule” does not change the process and wine stores in
grocery stores would require rezoning.
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Coquitlam:
Coquitlam’s Zoning Bylaw prohibits liquor sales in grocery or convenience stores and requires stores
permitted to sell liquor to be located a minimum of 300 metres (984 feet) from each other and from
schools, parks and places of worship. Coquitlam Council is considering these options for retail sales
of wine in grocery stores:
•Maintain the current prohibition;
•Amend to permit BC wines on the sales by grocery stores; or
•Amend to permit BC wines on the sales by grocery stores, but apply the 300 metre (983 foot)
or some other separation distance requirement.
Surrey:
The South Point Save-On-Foods in Surrey become the first grocery store in BC where wine is sold in a
grocery store. It is a wine on a shelf model. In this location, a BC Wine Institute VQA Wine licence
was transferred to establish a “wine-on-shelf” section in the existing store. The front portion of
about three food aisles, closest to the check out and customer service desk, have wines on shelve
for sale (Appendix F for photos). City of Surrey staff advised that no regulations to limit wine sales in
grocery stores are being contemplated at present.
Options:
Keep the status quo
There are no wine store licences in Maple Ridge at present. If a person wished to relocate a wine
store to any location in Maple Ridge before the recent amendments to the provincial regulations,
they could have done so as long as the site was zoned for “retail” use and so long as the store
operated in accordance with the old provincial regulations. Those regulations did not impose a
distance separation rule for wine stores, but until the April 1, 2015 amendments they did effectively
prohibit liquor from being sold in grocery stores, because they required all liquor retail outlets to be
separated from, and not associated with other stores.
Recognizing that the 1 kilometre separation rule that is applicable to licensee retail stores was not
applicable to wine stores even under the old provincial regulations, one option for Council is to keep
the status quo. This would result in the possibility of wine store licences being relocated to any of
the seven eligible grocery stores in Maple Ridge.
Implement a rule that would prevent liquor sales in any grocery store that is within 1 kilometre of an
existing licensee retail store
Staff has identified two options if Council wishes to proceed with a bylaw amendment:
(a) Outright prohibition of the sale of liquor in grocery stores.
Since all of the grocery stores in Maple Ridge that are eligible for liquor sales under the provincial
regime are located within 1 kilometre of an existing liquor store, one option is to simply prohibit
liquor sales in grocery stores altogether. This option would extend the prohibition to include future
grocery stores that may be located more than 1 kilometre from any liquor store, but if such a grocery
store is constructed and an application made to locate a wine store or liquor store in it, Council
14
could deal with such a request by considering a site-specific zoning amendment at that time. The
amending bylaw to implement this option is attached as Appendix G.
(b) 1 kilometre rule
This option would involve prohibiting the sale of liquor in any grocery store that is located within 1
kilometre of any existing liquor store. A bylaw to implement this option is attached as Appendix H.
Recommendation regarding bylaw amendment options:
If Council wishes to proceed with a zoning amendment, staff recommends option (a), the outright
prohibition of liquor sales in grocery stores. That option would achieve the same result as a 1
kilometre rule given that all of the existing eligible grocery stores in Maple Ridge are located within a
kilometre of an existing liquor store. It also eliminates the need for owners to look beyond the bylaw
(to calculate distances) in order to determine the application of the bylaw in a particular case.
CONCLUSION
ABLE BC wrote to Council about the potential impact of the “1 km Rule” being absent from the
requirements considered by the LCLB in the policy to transfer licenses for wine stores to grocery
stores. To apply this rule, Council asked for this report to bring forward options to amend the Zoning
Bylaw.
Given the “1-km Rule” has not applied to wine store licences in the past, one of the options
available to Council is to keep the “status quo” and not proceed with a zoning bylaw amendment.
The other option is to proceed with a zoning amendment either (a) to prohibit liquor sales in all
grocery stores or (b) to prohibit liquor sales in grocery stores that are within 1 kilometre of a liquor
store. Zone amending bylaws for both options are attached for Council’s consideration.
15
If Council wishes to proceed with one of the zoning amendment bylaw options, it may give first and
second reading of the applicable bylaw at Workshop and direct staff to forward the bylaw to the
September Public Hearing.
“Original signed by Adrian Kopystynski”
____________________________________________
Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP
Planner
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng.
GM: Public Works & Development Services
“Original signed by Kelly Swift” for
_______________________________________________
Concurrence: Paul Gill,
Acting Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Letter from Alliance of Beverage Licensees (ABLE BC)
Appendix B – Bill 22
Appendix C Policy Directive 15-01
Appendix D – Map of Liquor Stores and Eligible Grocery Stores
Appendix E – LCLB issued licences Private Liquor Store & BC Liquor Store Locations in Maple Ridge
Appendix F – South Surrey Save-on-Foods “Wine on Selves”
Appendix G – Zone Amending Bylaw No. 7162-2015 for prohibiting liquor sales in all grocery stores
Appendix H – Zone Amending Bylaw No. 7162-2015 for establishing 1 kilometre prohibition
APPENDIX A
APPENDIX B
Liquor Control and Licensing Branch
POLICY DIRECTIVE
No: 15 - 01
February 26, 2015
To: All LCLB staff
All Industry Associations
All Local Government, First Nations, and Police Agencies
Re: Liquor Policy Review Recommendations #19 and 20: Phased-in
Implementation of Liquor in Grocery stores
Introduction
The implementation of the Liquor Policy Review (LPR) report recommendations will
permit the implementation of liquor sales in grocery stores, effective April 1, 2015.
This directive describes the following key policies that will allow liquor and wine sales in
grocery stores effective April 1, 2015:
Grocery store eligibility has been defined
Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on
the shelf, but not both at the same location
Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store-
within-a-store grocery store, subject to distance restrictions
The 1 km distance criteria separating LRS’s has been retained and extended to
include BCLS’s
The regulation restricting LRS relocation outside its local government/First Nation
jurisdiction (i.e. the 5 km rule) has been repealed
The LRS moratorium has been maintained
Wine stores, other than winery-owned and sacramental wine stores, may relocate to
grocery stores in either a store-within-a-store model or for the sale of 100% BC wine
off store shelves
LRS’s and wine stores owned by or located within eligible grocery stores may co-
brand
Statutory Authority and Policy Rationale
Government has approved regulations setting out an application lottery procedure for
the initial relocation applications. Sections 14.01, 14.02 and 14.03 have been added to
the regulations. The new sections of the regulations have been posted to the LCLB
website at www.pssg.gov.bc.ca/lclb.
Government intends to bring into force the necessary regulations prior to the April 1,
2015 implementation date to allow the movement of liquor and wine into grocery stores.
The policy outcomes of these additional regulations are reflected below.
APPENDIX C
The following summarizes changes to the policies and regulations and describes the
eligibility criteria, application period, application process, and related procedures.
Grocery stores
Eligibility
To be eligible for liquor sales, a grocery store must have a minimum of 10,000 square
feet of space, including storage space, and must be primarily engaged in retailing a
general line of foods including canned, dry and frozen food, fresh fruits and vegetables,
fresh and prepared meats, fish and poultry, dairy products, baked products and snack
foods, and non-liquor beverages.
To maintain eligibility, these conditions must continue to be met, along with the following
additional requirements: that the sales revenue from food and non-liquor beverages:
totals at least 70% of non-liquor sales, and
totals at least 50% of all sales, including liquor sales from a retailer located in the
grocery store.1
Convenience stores and multipurpose stores are not eligible.
Liquor stores within grocery stores
The liquor store within the grocery store must be at least 1 km away from any other LRS
or BC Liquor Store. Distance is measured from the front door of the other liquor store to
the front door of the store within the grocery store, as the crow flies.
Liquor stores within grocery stores must be physically separated from the rest of the
grocery store with controlled access and separate cash tills within the liquor store. The
same shopping cart will be permitted to move between the grocery and liquor stores.
The entire perimeter of the licensed area must be identifiable. The majority of the
perimeter of the licensed area must be bounded by a fixed and immoveable barrier. For
the portion of the perimeter that is not fixed and immovable, the barrier must be
sufficient to:
monitor and control entrance to the licensed area,
prevent unaccompanied minors from accessing the area,
secure the retail area when required (i.e. when operating hours for the liquor
retail area do not align with grocery store hours), and
identify the main entrance (including what is considered to be the front door) to
the licensed area.
An eligible grocery store will be able to co-brand with an LRS that is located within the
grocery store or with any stand-alone LRS that the eligible grocery store owns,
regardless of its location. The grocery store and the associated LRS must be legally
affiliated and either the same legal entity or wholly owned subsidiaries of the same legal
1 Original wording was revised on March 17th, 2015 to clarify the eligibility requirements for grocery stores.
entity for stand-alone stores.2
Wine in Store
Effective April 1, 2015, wine store licences, other than winery-owned or sacramental
wine stores, may be relocated to a grocery store.
A wine store licence can relocate within a grocery store, either in a separate store or on
shelf.
There is no distance restriction between other liquor retail or wine store outlets that
prohibits the relocation of a wine store.
Wine stores within grocery stores must be physically separated from the rest of the
grocery store in the same manner as a liquor store within a grocery store, as described
above.
The wine store-within-a-store may sell any type of wine that is permitted under the
terms and conditions of their licence. For example, an independent wine store can sell
any imported or domestic product. A BC VQA store can only sell BC VQA wine.
An eligible grocery store will be able to co-brand with a wine store that is located within
the grocery store or with any stand-alone wine store that the grocery store owns. The
owner of the grocery store and the wine store must be the same legal entity for stand-
alone stores.
Wine on Shelf
A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015.
The wine store licensee must transfer the wine store licence to the grocery store owner.
The exception is for BC VQA stores whose licences are held by the BC Wine Institute
(BCWI). In that case, the BCWI will continue to hold the licence but must apply to
appoint the grocery store as the third party operator.
The types of products that may be sold off the shelf will be determined by the type of
wine store licence as described below.
If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines
can be sold off the shelf.
If the wine store licence allows wine to be sold that is made from 100% BC agricultural
products, all types of BC wine, including cider, mead and sake, can be sold off the shelf.
If the wine store licence allows all types of wine (imported and domestic) to be sold, only
100% BC produced wine (including cider, mead and sake) may be sold off the shelf,
and the terms and conditions of the wine store licence will be amended to reflect this
restriction.
2 Original wording was revised on May 13, 2015 to clarify the corporate relationship requirement for eligible grocery
store to co-brand with stand-alone stores.
Wine that is sold off the shelf may be purchased at designated tills or regular tills.
Regardless of the type of till, the staff making the sale must have Serving it Right
certification and be at least 19 years of age.
Floor plans/separation requirements for wine on the shelf
The licensee is responsible for determining their product display area and the tasting
area, if tastings are offered. The product display area does not need to be bounded and
may encompass a variety of shelf configurations such as a small corner of the store, a
kiosk, multiple shelves on one or both sides of an aisle, etc. as long as the following
conditions are met:
All product to which the public has access must be within one contiguous
product display area within the grocery store; separate “wine sections” are not
permitted.
The liquor must be able to be secured and inaccessible to the public during
the hours that liquor is not available for sale (e.g. when licensed hours do not
align with the grocery store’s hours of operation)
The licensee may move the product display area within the grocery store without
notifying the Branch, as long as it continues to meet the above-noted conditions.
Liquor inventory may be securely stored within the non-public areas of the store (i.e.
stockroom) or in an approved off-site storage using the form found here:
http://www.pssg.gov.bc.ca/lclb/docs-forms/LCLB027.pdf).
The licensee must submit a security plan to the LCLB indicating how they will guard
against shop-lifting and ensure minors do not access the product on the shelf.
One tasting area is permitted. It must be immediately adjacent to the product display
area and must be defined by a physical barrier (e.g. ropes and stanchions). Only
product sold off the shelves may be offered for tasting. For additional information about
tastings, please refer to the guidebook for wine store licensees at
http://www.pssg.gov.bc.ca/lclb/docs-forms/guide-winestore.pdf.
Liquor Retail Stores
LRS distance and relocation criteria
Effective April 1, 2015 the restriction that limited LRS relocation to its own local
government/First Nation jurisdiction or up to five kilometers if moving outside the
jurisdiction will be eliminated. LRS’s can now apply to relocate anywhere in the
province.
The regulation prohibiting the relocation of a LRS to within one kilometre of another LRS
has been maintained.
BC Liquor Store Relocations
Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores,
prohibiting them from locating within one kilometre of a LRS and vice versa. There is an
exception for BC Liquor Stores that already have store relocations in process. If a
BCLS can demonstrate they had valid interest the new location prior to February 27,
2015, they will be exempt from the one kilometre rule. The same exception was applied
previously to LRS’s when the distance restriction was implemented.
Application Process to relocate liquor stores from February 27 to March 27, 2015
The elimination of the 5 kilometre restriction may create an initial surge of LRS
relocation applications. Due to the 1 km rule, it is critical to determine the order of
applications. This is because applications assessed first may negatively affect
applications assessed later if the proposed sites are within close proximity.
To ensure a fair process, Sections 14.01, 14.02 and 14.03 have been added to the
regulations. These sections establish a lottery system to determine the order of
applications.
Relocation Lottery
LRS licensees and BC Liquor Stores will have a four week window from February 27 to
March 27, 2015 to apply to relocate. All complete applications received during this
window will be placed in the lottery with the order of applications determined on April 1,
2015 and then communicated to applicants. Incomplete applications will not be entered
into the lottery and will be dealt with after the lottery applications are processed.
On Friday 27 February 2015, the Liquor Control and Licensing Branch (LCLB) will no
longer accept applications for consideration under the previous rules and procedures.
From Friday 27 February until 4:30pm on Friday 27 March 2015, all LRS and BCLS
relocation applications received by the LCLB will be set aside to determine eligibility for
the lottery. Applicants wishing to be included in the lottery process must download an
updated application form package which lays out instructions and criteria for submitting
a complete application. Other than for processing payments, the LCLB will not
be contacting applicants until after the lottery takes place on April 1, 2015.
Only one application may be submitted per LRS licence number or BCLS store
number. Once the application package has been submitted, the LCLB will not accept
amendments to the application. Applicants have the option of contacting the LCLB to
terminate their application if they wish to withdraw and submit a new application
package during the lottery window; application fees will not be refunded. If an applicant
submits a second application without cancelling the first one, the second application will
be returned to the applicant.
Any applications received by the LCLB after 4:30pm on Friday 27 March 2015, will be
reviewed and considered in the order they are received, but only following all the
applications received during the lottery intake period.
LCLB staff will determine the applications that are eligible to be placed into the
lottery. Eligible and ineligible applicants will be notified regarding their status and any
options for going forward, but not prior to the lottery being completed. Eligible
applications will have their LRS licence number or BCLS store number entered into the
lottery.
On April 1, 2015, the LCLB will conduct the lottery to determine the order in which
eligible applications will be reviewed and considered for relocation. The procedures for
the lottery draw are attached as Appendix A.
If an application is unsuccessful because it is within 1 km of another application drawn
earlier in the lottery, the application fee will be returned to the unsuccessful applicant.
The application fee will not be refundable if the proposed location is within 1 km of a
LRS or BCLS whose address was posted on the LCLB website prior to February 27,
2015.
Complete Applications
Only complete applications will be eligible to be entered into the lottery. To be
complete, the application must include:
1. The application form, with all fields completed
2. The application fee of $330
3. Proof of valid interest for the proposed LRS or BC Liquor Store location
4. Scaled site plan of the proposed liquor store site showing all the buildings and
entrances of those buildings, including any street names. The location for the
front entrance door of the proposed LRS establishment must be identified on the
site plan.
5. Photographs showing the proposed site
6. Grocery Store Declaration if the proposed liquor store site is located within a
grocery store.
Applicants will not be advised if their application is incomplete until after the lottery has
been concluded.
The application form, application guide, application checklist, grocery store declaration
can be found at http://www.pssg.gov.bc.ca/lclb/policy/relocation.htm. The onus is on the
applicant to ensure that all requirements set out in the application materials are
complete and received at the Liquor Control and Licensing Branch no later than 4.30
p.m. on March 27, 2015. Any application received after that time will not be eligible to
be entered into the lottery regardless of the reason.
Failure to provide the above documentation will result in an incomplete application with
the following consequences:
Incomplete applications will not be reviewed for compliance with the 1 km
distance criteria
Incomplete applications will not secure your proposed site or the 1 km radius
surrounding it
Incomplete applications will not be put into lottery
Structural changes and relocations
Structural changes are changes to existing construction, and are defined in detail in
section 6.2.1 of the Liquor Licensing Policy Manual.
Where an LRS proposes to move to an address at the same site and within the existing
building (with the same parcel identifier number) or to a location that is attached to or
abutting the existing building, this is considered a structural change application.
A structural alteration that meets this criteria is not considered a relocation and is not
subject to the 1 km distance restriction.
If a LRS or BCLS is attached to or abutting an eligible grocery store, they can apply for
a structural alteration to remove the wall to create a store-in-store liquor store. The LRS
or BCLC can submit an application for structural change as of February 27, 2015,
together with the Grocery Store Declaration. The licensee cannot begin structural
alterations until they have received approval in principle from LCLB. The final approval
to complete the licensing of the store-within-a store cannot be concluded prior to April 1,
2015 when the prohibition against a LRS co-branding with an eligible grocery store is
eliminated.
LRS Applications after March 27, 2015
All LRS relocation applications received after 4.30 p.m. on March 27, 2015 will be
reviewed in the date order they are received and only after the applications received
during the lottery intake period.
Further Information
Further information regarding liquor control and licensing in British Columbia is available
on the Liquor Control and Licensing Branch website at http://www.pssg.govbc.ca/lclb. If
you have any questions regarding these changes, please contact the Liquor Control and
Licensing Branch toll free in Canada at 1-866-209-2111 or 250 952-5787 if calling within
the Victoria area.
Original signed by:
Douglas Scott
Assistant Deputy Minister and General Manager
DATE: Aug 10, 2015FILE: GroceryLiquorStores.mxdGrocery and Liquor StoresCity of PittMeadowsDistrict ofLangleyDistrict of MissionFRASER R.^PLANNING DEPARTMENT´KanakaCreekKanakaCreekWhonnockLakeWhonnockCrWhonnockCrNorAlouetteRivAlouette Riv erNorthAlouetteRiver Fraser RiverFraser RiverFraser RiverA louetteRiver203 ST 216 ST124 AVELAITY ST123 AVE224 ST132 AVE128 AVEFERN256 ST248 ST284 ST104 AVE272 ST272 ST112 AVE264 ST100 AVE256 ST240 ST112 AVE232 ST128 AVEGOLDENWAYEARS132 AVEHANEY BYPASS207 ST 210 ST232 ST232 ST228 ST240 ST248 ST104 AVE102 AVE280 ST264 STLOUGHEED HWYDEWDNEY TRUNK RDDEWDNEY TRUNK RDLOUGHEED HWYLOUGHEED HWYGOLDEN EARS
W
A
YCity of Maple RidgeCity of Maple RidgeCity of Pitt MeadowsDistrict of Mission!(!(!(!(!(!(")")")")")")")")")")")!(CKID3AJEBHFG746215The City of Maple Ridge makes no guaranteeregarding the accuracy or present status ofthe information shown on this map.Scale: 1:45,000BY: DTLegend!(Grocery Store and 1 Km Radius")Liquor StoreA - Specialty Liquor Store 160- 20398 DEWDNEY TRUNK RDB - Maple Ridge Liquor Store 20690 LOUGHEED HWYC - Dartford’s Liquor Store 11232 DARTFORD STD - The Office Liquor Store 21525 DEWDNEY TRUNK RDE - Firefly Fine Wines and Ales (Maple Ridge) 21755 LOUGHEED HWYF - Haney Motor Hotel 22222 LOUGHEED HWYG - Witch of Endor LRS 22648 DEWDNEY TRUNK RDH - #065 BC Liqour Store 300-22709 LOUGHEED HWYI - Black Sheep Pub Liquor Store 12968 232 STREETJ - Outpost Liquor Store (The) 23988 DEWDNEY TRUNK ROADK - Shake & Shingle Liquor Store 9610 287 STLiquor StoresGrocery Stores1 - Safeway located at 20201 Lougheed Highway2 - Overwaitea Foods (Save-on-Foods) located at 20395 Lougheed Highway3 - Langley Farmers Market located at 11935 207 Street4 - Extra Foods located at 22427 Dewdney Trunk Road5 - Thrifty Foods located at 11900 Haney Place6 - Overwaitea Foods (Save-on-Foods) located at 22703 Lougheed Highway7 - Save-on-Foods (former Cooper’s Foods) located at 23981 Dewdney Trunk RoadAPPENDIX D
16
APPENDIX E: Private Liquor Store and BC Liquor Store Locations
MAP
LOCATION
NAME ADDRESS CATEGORY ZONING
A SPECIALTY
LIQUOR STORE
160- 20398
DEWDNEY TRUNK RD
Private Liquor
Store
C-2
B MAPLE RIDGE
LIQUOR STORE
20690 LOUGHEED
HWY
Private Liquor
Store
C-2
C DARTFORDS
LIQUOR STORE
11232 DARTFORD ST Private Liquor
Store
C-4
D THE OFFICE
LIQUOR STORE
21525 DEWDNEY
TRUNK RD
Private Liquor
Store
C-4
E FIREFLY FINE
WINES AND ALES
(MAPLE RIDGE)
21755 LOUGHEED
HWY
Private Liquor
Store
C-2
F HANEY MOTOR
HOTEL
22222 LOUGHEED
HWY
Private Liquor
Store
C-3
G WITCH OF ENDOR
LRS
22648 DEWDNEY
TRUNK RD
Private Liquor
Store
C-3
H HANEY GLS 065 300 - 22709
LOUGHEED HWY
BC Liquor Store C-3
I BLACK SHEEP
PUB LIQUOR
STORE
12968 232 STREET Private Liquor
Store
CS-1
J OUTPOST LIQUOR
STORE (THE)
23988 DEWDNEY
TRUNK ROAD
Private Liquor
Store
CS-1
K SHAKE & SHINGLE
LIQUOR STORE
9610 287 ST Private Liquor
Store
C-4
Source: Liquor Control and Licensing Branch (August 4, 2015)
http://www.pssg.gov.bc.ca/lclb/licensed/liquor_retail_location.htm
APPENDIX E
17
Appendix F
South Surrey Save-on-Foods “Wine-on-Shelves” section
APPENDIX F
CITY OF MAPLE RIDGE
BYLAW NO. 7162-2015
A Bylaw to prohibit liquor sales in grocery stores
___________________________________________________________
WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
Citation
1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.”
Amendments
2.Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under
Part 4, GENERAL REGULATIONS, Section 401(3):
(g) The sale in or from a grocery store, or in or from a store located in a grocery store,
of beer, cider, wine or spirits, or any other product intended for human
consumption, that contains more than 1% alcohol by volume, except a product
produced primarily for cooking purposes.
READ a first time the 31st day of August, 2015.
READ a second time the 31st day of August, 2015.
PUBLIC HEARING held the day of 2015.
READ a third time the day of 2015.
ADOPTED, the day of 2015.
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX G
CITY OF MAPLE RIDGE
BYLAW NO. XXXX-XXXX
A Bylaw to prohibit liquor sales in grocery stores within one kilometre of a liquor store
__________________________________________________________________________
WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
Citation
1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.”
Amendments
1.Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under
Part 4, GENERAL REGULATIONS, Section 401(3):
(g) The sale in or from an ineligible grocery store, or in or from a store located in an
ineligible grocery store, of beer, cider, wine or spirits, or any other product
intended for human consumption, that contains more than 1% alcohol by volume,
except a product produced primarily for cooking purposes, and for this purpose
“ineligible grocery store” means a grocery store any part of any public entrance to
which is located within 1 kilometre, measured in a straight line, from any part of
any public entrance to a Licensee Retail Store or government liquor store that is
carrying on business when sales referred to in this section commence.
READ a first time the day of 2015.
READ a second time the day of 2015.
PUBLIC HEARING held the day of 2015.
READ a third time the day of 2015.
ADOPTED, the day of 2015.
_______________________________ ________________________
PRESIDING MEMBER CORPORATE OFFICER
APPENDIX H