Staff Initials: Dept. Head: CAO: Page 1 of 2

Peace River Regional District REPORT

To: Chair and Directors Date: June 15, 2017

From: Tyra Henderson, Corporate Officer

Subject: Moberly Lake Golf Course - Application to Transition to Liquor Primary Licence

RECOMMENDATION(S): [All Directors - Corporate Unweighted]

That the Regional Board advise the Liquor Control Licensing Branch that they wish to opt out of commenting on the application by Moberly Lake Golf Course to transfer the existing Liquor Primary Club Licence to a Liquor Primary Licence, as this use is permitted by zoning regulations.

BACKGROUND/RATIONALE:

Moberly Lake Golf Course is updating their liquor license with the Liquor Control Licensing Board. They are requesting a transfer from the previous Liquor Primary Club Licence to a standard Liquor Primary Licence. (see attached application). The hours of operation will remain the same at 9 am – 12 midnight seven days per week. The applicant has indicated a desire to begin offering live music once or twice a month to enhance the restaurant and golf course operations.

Moberly Lake Golf Course is zoned C-4 (Recreation Commercial) in the Peace River Regional District Zoning Bylaw No.1343. 2001. The C-4 zone permits restaurants, licensed for alcoholic beverages and commercial recreation facilities. The regulations governing both Liquor Primary Club licences and Liquor Primary licences are included for the Board’s information. Also attached is the application from the Moberly Lake Golf Course.

OPTIONS 1. The Board may choose to opt out of commenting and simply sign the referral to acknowledge

receipt and forward to the Liquor Licencing Branch. This has been the response to previousapplications that comply with zoning regulations and is the staff recommendation.

2. The Board may provide a resolution or comment in response to the referral. If the Boardchooses to comment, s.71 of the Liquor Control Licensing Regulation sets out specific areasthat the Board must consider and provide comment on. These specified considerations arenoise, impact on the community, potential for operation that may be contrary to the primarypurpose (golf course/restaurant), whether the views of the residents were gathered, and ifnot, why. Also, if the views of the residents are sought by the Regional District, the Boardresolution is required to explain the views, the method used to obtain those views, and anycomments or recommendations the Board may have in response to the views of the residents.

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Report – Chair and Directors Moberly Lake Golf Course Liquor Licence - June 15, 2017 Page 2 of 2

In the event that the Board may wish to pursue option 2 and provide comments, the following information is provided:

• The establishment is located away from residential areas (see property report and satelliteview map) and noise is not expected to be a concern.

• Community impact is expected to be negligible – this is more of a name change than a usechange and the existing use has been operating at this location since approximately 1975according to the applicant.

• The requested change would not be contrary to permitted zoning use.• The views of residents were not gathered because the proposed use is permitted by zoning

regulations.

STRATEGIC PLAN RELEVANCE:

FINANCIAL CONSIDERATION(S):

COMMUNICATIONS CONSIDERATION(S):

OTHER CONSIDERATION(S):

Attached: Moberly Lake Golf Course Application - Liquor Primary Club Licence to Liquor Primary 2040 Highway 29 Property Report

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0..-Heterr J ,

~eNo --~

Mav 24, 2017

Liquor Control and Licensing Branch 4t1i Floor, 3350 Douglas St. Victoria, BC VBW 9J8

Attention: Jason Clarke

Re: Letter of Intent Licence #118549

Dear Mr. Clarke:

Per our telephone discussion the above date please accept this as our letter or intent on how we are going to operate and manage our licence.

West Moberly First Nations assumed the Moberly Lake and District Golf Course in 2012 at which time the licence was transferred to our company #0944996 BC Ltd o/a Moberly Lake Golf Course.

We operate our course and clubhouse with professionalism in all aspects of our service delivery. Our intent is to operate and manage our licence in this manner. Do to our remote location and limited services we offer our membership and customers the following services: dally walk-on golfing, tournaments. catering for meetings, hosting weddings, will begin with live ~usic (once or twice a month!, private meetings and dinners. Daily lunch speciaJs and evening golf and dinner packages.

We are family orientated and strive to bring the youth for golf clinics, family golfing attempting to promote healthy lifestyles for our community and the surrounding community.

If further information is required please feel Free to contact me at any time.

Sincerely

Diane France Manager

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12 Jun 17 03:21 p Moberly Lake Golf Course 250-788-3448 p .3

.... LIQUOR PRIMARY CLUB LICENCE:

BRITISH COLUMBlA

l ..-Connl.andlic.e.'Ming a-...... ~lll Floor, 3350 aa..glM 51, Vlc:oria. 8C 'lllNI U Mal: PO Ila 92!12 SVI "'°""""' GM VklDlll, lie vew 9JI ,..,_ 18'209-2111 Fu: 251).1152·7066

APPLICATION TO TRANSITION TO LIQUORY PRIMARY LICENCE Liquor Control and Licens1na Fonn LCLB1'19

Instructions: . Using the attached guide, complete this application form and assemble all required documents. Once complete, folow lnstructklns for submitting your application package to local goverM'lent/first nalion (LGIFN) and the Liquor Control and Licensing Branch.

Transition Uquor Primary Club to Liquor Primary (LP) Fee:$330

Part 1: Establlshment For Office Use Onfy

Licensee/Applicant: I d' {; 9 '/-4· Cf::i (: &.-:: L-tci Job# (C3)

Establishment Name: I "i'I/ c: Fu.~.?.; /.. c.Juf. C.7 ttJ.d/ Co u ,. S:&-:..

' LP Club Licence#; I 11 S.5-./- 9

Proposed EstabUshment Name: <·~· .__ __________________ ___,,

Establtsnment I · · / Address: c2o ;fC Ht9/J.cr..,y d\"7 Al

$1 ....

Parcel ldentifier{PJO): I 9;.:; Do7 7 81

If a zoning change Is required, please Indicate the status or your application:

Phone number:l 2.5D- 73g _ :3Sc50

Malling I . . Address: P t1 • i~~ 4 7

Sltelll

Part 2: Contact Person

Name: I i) ;c ..... 1~ £r anC't.~ Position:

Telephone: l.:1Sb- 7&&'-..36'.80 I E-mail: I mcb..,,-.Lr faJr..!..go'f/co.:J1'.£.i' te ~~t;"2a ~a r9

The appllcanl authorizes lhe person below lo be the primary conlact for the duration of lhe application prccesg only.

Part 3: Change to Hours of Liquor Service For Office Use Only

D Request change to hours of liquor service within the hours a.irrenlly approved Fee: $220 Job# ______ _

0 Request change lo hours or liquor service outside of the hours currently approved" •a resolution from LGIFN is requil'ed ~ LGIFN must complete part 6 of this form.

Fee: $330

Complete lhe table below, indicating the proposed hours of liquor service: . I Monday Tuesday Wednesday Thursday Friday Saturday

Open I 9a..,1 I l 9am l ~ l 7a ... , I !9.cml l 9 ~;rl I I

Closed ' I J..tc.~ I I 11.:1.c--.. I I 1).0. ... I I 1,a r. -1 1,_,t, ... I 112~· ~· I I

La.81'9 ILMl .......... VMer.:~20171

Sunday

&c·,r, I ' 1,~, .... I I

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Part 4 : Structural Change to Licensed Service Area(s)

D Change(s) to existing Jic:ensed service area(s)

0 Addition of new patio"

Fee:S40D Fee:SUO

Describe the proposed changes 1o your Hcensed service area(s):

The proposed alterations will result in the tel al overaU oca.ipant load of your establishment

D Increasing" to:

I I persons

D Decreasing to:

I I persons

D Remaining the same:

.__ __ _.I persons

Office Use Only

Job#~--~~~-­C4: No Ca~ O'JCJ. C.. Ch

•A resolution from your LG/FN Is required If there is an Increase in the total occupant load and/or if there Is an addition of a new patio. LGIFN must complete Part 6 of this form.

Part 5: Checklist

!;2(Letter of Intent. See Appendix I (page 5 of Ile guide) ror Information R!quired in letter.

D Proposed Slgnage, If proposing an establishment name change (see page of 3 guide)

Q ·Provlde two copies of floor plans showing the existing licensed and proposed changes Of applying for a structural change) service area(s): one 8.5"' x 11· and one 11 • x 11·. Plans must be stamped with an occupant load by local government building or fire authorities.

•see Appendix 11 (page 7 of the guide) for floor plan and oca.ipant load requirements.

If applying for a strucwral change to add a patio also provide the following:

D Provide the height and composition or l'le patio perimeter or bounding that is deslgned to control patron entry/exit (I.e. railings, fencing, planters, hedging, etc.):

D Describe lhe lccat.on of lhe patio in relationship ID the licensed Interior. The patio should be immediately adjacent or contiguous to the interior licensed ser'llite area.

D Describe how staff will manage and control the patio from the interior licensed service an!a.

0 Wil the patio have a fixed or portable liquor service bar or wi11 liquor be served from the Interior service bar?

0 Do servers have lo cary liquor through any unricensed areas to get to the patio? Explain:

Note: Patios on grass, earth or gravel require a permit from the bcal Health Authority. Sidewalk patios require a permit frcm LG/FN.

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12 Jun 1703:22p Moberly Lake Golf Course 250-788-3448

Part 6: Local Government I first Nation (LG/FN) Confinn Receipt of Application This section is lo be fiUed out by the LGJFN prior to submitting this appficalion lo the Branch.

Local govemmentlfirsl Nation (name):

Name of Ofliclal: Title/Position:

Clatllllr.tl/Wddkl

Email; Phone:

p.5

Date Received: I ________ _ Signature d Official:. _____________________ _

Check here if LGJFN will not be providing comment OYes, opting out of comment

Note: The LGIFN cannot provide comment for their own application.

Is this estabhshmenton Treaty First Nation land? 0Yes 0No

Instructions for Local Government/First Nation (LG/FN) This serves as notice that an application to transition a LP Club to a LP liquor licence is being made within your community. The Branch raquesrs that you consider this appHcation (applicatlon form, Jetter of intent, and noor plan) and provide the Branch with resolution within 90 days of lhe above received date. Alternatively, LGIFN can delegate staff with the authoflty to provide comment

• The applicant will bring their completed application form and floor plan to LG/FN. • If there are any major Issues (e.g. bylaws), LGIFN may hold off signing the application until the Issues are resolved or they have

a plan to deal with the Issues. • When LGIFN is comfortable with the appf'icatlon proceeding. LGIFN staff will sign above and return it to ttie 21pplicanl LG/FN

wil keep a copy of the signed application form an<l all supporting documents. • The applicant will submit the signed application package (with all required documents) to the Branch.

To provide a resolution or comment

• Gather public Input for the community in the immediate vicinity of the proposed endorsement service area(s). • Consider these factors which must be taken Into account when providing resolutionfcomment:

• The locallon of the establishment. • The person capacity and hours of liquor seMc:e of the es1ablishmen1.

• Provide a resolution/comment with comments on: • The Impact of noise on nearby residents. • The impact on the community If ttie appUcabon is approved. • The view of residents and a desaiption of the method used to gather views. • The LGJFN recommendations (includrn g whelher or not the appHcallon be approved) and Iha reasons on which they are

based. • Provide any reports that are referenced in, or used to determine, the resolution/comment • If more lhan 90 days Is required, provide a written request for extension to the Branch. • If LGIFN opts out, or ls !tie app!lcant, the Branch will gather public Input and contact LG/FN staff for information to assist the Branch In considering the regulatof)' criteria.

If you have any questions, or lhe establishmenl Is located on Treaty Rrst Nation land, please cal the Branch toll-free at 1-866-209-2111.

Part 7: Declaration My signature, as Applicant, indicates. wilh respect to the establishment:

• I am the owner of lhe business to be canied on at the establishment ot lhe portion of the establlshmenl to be licensed. • I am the owner or lessee of 1he establishment or poftion of lhe establishment lo be licensed. • I understand the general manager has the right to request documentation supporting val1d interest at any lime and I agree to

provlde the requested documentation in a timely manner upon request. • I understand loss of valid Interest at any fme while holding a licence Is reason for the general manager to consider cancelling the

lrcence. • I understand I must advise the Branch immediately if at any time the potential exists lo lose valid interest either during the

licensing process or once a licence has been issued.

U:Ul12!1

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12 Jun 17 03:22p Moberly Lake Golf Course 250-788-3448 p.6

• 1 understand the name(s) on documentation demonstrating valid interest must be Identical to lhe applicant names(s). • As the licensee, I will be accountable for the overall operation, for an activities within the establishment and wiD not allow another

person to use the licence without having first obtained a written approval from lhe general manager. • I understand a ticence can only be renewed if I am the owner of the business carried on at the licensed establishment and l am

the owner or lessee of the licensed portion of lhe establishment.

Note: An agent or lawyer may not sign the declaration on behalf of the applicant

Name [l':h,~f ·· t.J.dJs..,, (,..,ht/ midde l

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• lfl'la •pplc.it lo., lndiri-1 me lndtr""'81 ~• • 11b9'>P~111 carpcnlien • 111.'IV au1"or.ad 11gna10ry '""° wlJ 111ull1V c... an dl'air or. I• 1G111• caaaa, • citector • llb1pplQll&f9•..,__11~.-alllepamara • If h ~pklntlt &lined,~, Ille..,.._. potllWd IN,._,..., • 11lhe141plqn! 111 llOC•\Y. tho~a d'9dar on ....., rnan•g11 (u dll'm1d in the $a<ia/iss Ad)

av al;n!r;""" ........ Y"" !Mlrllllod-~ .. or .. ~ ..... il llU•-ClllllClll19 lo tt..Mst a( rr.y.........,.. SllCtlcr> ST! f)(qol ... UiaorOdlel-LlolAllllvAd- 'A pen°" .,.._'lunolrence ,,,.__ fq p.'alidea "'1u °'"'i-f irlblltafirln/n Illa hllblofnf ~s: [~ ,.,, • .,,.,.llt!g tn ~ ,.Jwref/ IOlll..:tlon 1'; (o) - ~"""""' °' -rw;..nd wn ~flbtUte ,._.........,.ll'r.let secron s • llen~ slg..rc.yhD CiOlllOlelad in.Add. Cl&MQe or-....L.ciMsM l!WjW9*81lW bnl (LCUlt01)- llley-• .,.c-1 pe-• nc.ns .. ~-lo liQn tlis rorm"" '"" MctnHe'• loehlll, Ille iw.n!h "ti~ 11• ~ .. nae• ,.._ ... , aiplU,..

Part 8: Application Fees (Non-refundable)

O 5330 Transition to LP Licence D $220 Change of Hours (within the hours currently approved) O $330 Change or Hours {outside or the hours currently approved) 0 $440 Structural Change to existing Licensed Area(s) 0 $440 Structural Change to Add Patio

Tolal Fee Submitted: $ ! ... ______ _, .-----------------------------------------------------------------------------------· : In accordance with Payment Card Industry Standards, the branch Is no longer able to accept credit card Information via email. :

------------------------------------------------------------------------------------Payment is by (check (li!I) one);

r Cheque, payable to Minister of Finance (if cheque is returned as non-sufficient funds, a $30 fee will be charged)

r Money ofder, payable to Minister of Finance

r Credit card: r VISA t. MasterCard (' AMEX

( I am submitting my application by email and I wiH call with my credit card information. I will call Victoria Head Office at 250-952-5787 or 1-a&S-209-2111 and understand lhat no action can proceed with my applk:atlon untU the application fee is paid in full.

(" I am submitting my application by mail and hall'e given my credit information in the space provided al the bottom of the page.

Part 9: Submit Application Package Liquor Control and Ucenslng Branch Courier. 4tl1 Floor, 3350 Douglas St, Victoria BC V8Z Jl 1 Mail: PO Box 9292 Stn Prov Govt Vtctoria, BC VBW 9JB E-mail: Jk!µ~1sing@gov ~

'Tho lnlo11111111c>111eq1111si.d en "111bmiscolcltd1r1t11 Liqv.,. Ccnlnll 1ncll.J~n1lt111 B'-ldl under Secllon 2' (•) ind (c) ol lhe FtWdom of lnfonnlf/on lllrd F'rohlc:lloll al P/Mq Ac:11na wll be -IGr lht PlllllOS• OI •~ licenslr'4l 1Rd mn..-- and ..,,,,_,,.,,, "'- in - wilh 1111 LiquDr ~ w ~,.Cf. SIWMlld JOU Mw! 1111 qo.a_.,,. •lled tie cdleCtiOn. '""· or dildoiM1 ol penonel lnfm11at'D11 , plaasa c:cmad Ille F,_ ol lnfonNllon Diker 14 PO 8aa 8292 Sllf PRO\/ GVT, Vcata. 8C, IUIW UI crb)I ~ 11111 Irle aa 1-~2111.

LCLB129 """ ·---------------------.----------- ... ----------- ... ---Credlt Card rnfonnation (Tc be submitted by fax or mail only) ,......---------------------------------------------. Name of card holder {as a appears on card):

Credit card number. Expirydate: ._I ~....,..,.... ...... iJi---1_ ~Aolonth) ~

Signature: ____________________________________ _

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June 22, 2017

Staff Initials: Dept. Head: CAO: Page 1 of 2

Division 2 — Liquor Primary Licences

Authorized activities

9 A liquor primary licence authorizes

(a) a licensee to sell to patrons drinks containing liquor in theservice area under the licence, and

(b) a patron to consume the drinks containing liquor in theservice area.

Rules and requirements

10 (1) The following rules and requirements apply to liquor primary licences:

(a) the establishment under the licence must not be(i) a facility directed at or frequented predominantly byminors, or(ii) a motor vehicle;

(b) subject to limitation by the general manager, hoursof liquor service must start no earlier than 9 a.m. and end nolater than 4 a.m. the next day;

(c) unless exempted by the general manager, food and non-alcoholic beverages must be available at reasonable prices orwithout charge to the patrons.

(2) If a liquor primary licence is endorsed with a catering endorsement, therules and requirements set out in subsection (1) do not apply in relation toa catered event authorized by a catering authorization held by the licensee.

Liquor primary club licences

11 (1) Only the following are eligible to hold a liquor primary club licence:

(a) a corporation that(i) has at least 50 members who pay an annualmembership fee,(ii) does not have share capital, and(iii) does not operate for the financial gain of its members;

(b) a chartered branch or unit of a corporation that meets therequirements of paragraph (a) (ii) and (iii) if the branch or unithas at least 50 members who pay an annual membership fee;

(c) an entity not described in paragraph (a) or (b) that(i) held, on January 22, 2017, a liquor primary club licenceunder the Liquor Control and Licensing Act, R.S.B.C. 1996,c. 267, and

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Report – Chair and Directors Moberly Lake Golf Course Liquor Licence - June 15, 2017 Page 2 of 2

(ii) has at least 50 members who pay an annualmembership fee.

(2) Subject to the approval of the general manager, in addition to the activitiesauthorized by section 9, a liquor primary club licence authorizes

(a) the licensee to sell to a member liquor in unopenedcontainers in the service area for the purpose of it being removedfrom the service area, and

(b) a member who has purchased the liquor to remove the liquor,whether it is in an opened or unopened container, from theservice area and to possess the liquor while taking it to anotherservice area in the establishment.

(3) The approval of the general manager referred to in subsection (2) may besubject to conditions imposed by the general manager.

(4) In addition to the rules and requirements set out in section 10, the followingrules and requirements apply to liquor primary club licences:

(a) the sale of liquor under the licence is restricted to membersand their registered guests;

(b) only members and registered guests can enter and remain inthe service area when liquor is being sold or served;

(c) the licensee must keep a guest register that contains thefollowing information:

(i) the name of each guest;(ii) the name of the member accompanying each guest;(iii) the date the guest is in attendance;

(d) if the general manager has approved members toremove liquor from one service area to another, members musttake a direct route when doing so.

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Peace River Regional District15-Jun-2017

PID:

Roll Number:

--

DL 781

This map is a user-generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Peace River Regional District should be contacted for information regarding other conditions such as easements, rights-of-way or covenants.

Parcel Size

79.00 195.20

Legal Description:

Hectares Acres

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