Staff Report: Goldstream Farmers' Market – Selling Alcohol (Parks & Recreation)

Background

Originally Goldstream Farmers Market operated on Byrn Maur Road. In 2014 it was moved to Veterans Memorial Park. The Market has grown and has seen a significant increase in customers (Attachment A).

Commentary

In 2015, the Goldstream Farmers Market Society requested that they be allowed to sell bottled liquor; however, this request was not approved by council as noted by resolution on February 2, 2015:

“That Council approve the Wednesday Summer Evening Market to the current Saturday Market at Veteran’s Memorial Park, to run June to September from 5:00 p.m. – 8:00 p.m.; without the inclusion of alcohol sales at this time”. Carried

The President, Elaine Baglo, has again requested that the City allow this year (2016) the sale of locally bottled wine, cider and mead as permitted under the Province of BC (attachments B and C). Small samples of liquor would be made available for tasting. This is similar to other Farmer Markets in the area. Staff are looking to council for direction on whether to allow liquor sales in Veterans Memorial Park.

While the Provincial authority for Liquor Licenses has made provision to allow for the sales of alcohol at farmers markets, Policy Directive No. 14-11 states:

“Licensees are required to confirm with markets that the market site is permitted by local government/First Nation bylaws to sell packaged liquor for off-site consumption.”

Staff would like to advise Council that, currently, Parks Bylaw 1449, Section 4 Park Use, Subsection 4.5, states: “No person shall, in a park, possess or consume liquor as defined in the Liquor Control and Licensing Act, except as is authorized under a Special Occasion License.”

Therefore, in order to permit this in Veteran’s Memorial Park, the City’s Parks Bylaw would need to be amended. Council could undertake a public notification at that time. Aside from the above considerations, allowing sales of alcohol would be in competition with liquor stores in commercial premises who pay taxes to the city to be able to sell liquor. If sales are to be permitted, Council may wish to impose a fee on each vendor selling liquor.

Financial Implications

None

Legal Implications

None

Options

That Council:

1. Direct staff not to allow the sale and tasting of locally bottled wine, cider and mead in Veterans Memorial Park;

Or

2. Direct staff to allow the tasting of locally bottled wine, cider and mead in Veterans Memorial Park;

Or

3. Direct staff to allow the sale and tasting of locally bottled wine, cider and mead subject to first acquiring a Special Occasion License and payment of a fee to the City to be determined on a per booth basis.

Respectfully Submitted

Concurrence:
Steve Ternent, Director of Finance

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ATTACHMENT A

From: Mike Leskiw
Sent: Friday, March 11, 2016 9:31 AM
To: Susan Lai
Subject: 20160321 Council Report - letter for the Mayor and Counsel, as requested plus 2 attachments
Attachments: Farmers' market liquor sales support B.C. products.html; liquor sales #2.pdf

From: Lindy Kaercher
Sent: Monday, March 07, 2016 1:31 PM
To: Mike Leskiw mleskiw@cityoflangford.ca
Cc: Jim Bowden jbowden@cityoflangford.ca
Subject: FW: letter for the Mayor and Counsel, as requested - plus 2 attachments

Please prepare a report for Council on March 21st, thx

From: ELAINE BAGLO [mailto:ellymaequilts@shaw.ca]
Sent: Friday, February 26, 2016 12:46 PM
To: Lindy Kaercher lkaercher@cityoflangford.ca
Subject: letter for the Mayor and Counsel, as requested - plus 2 attachments

To the Mayor and City Counsel of The City of Langford:

As the current acting President of the Goldstream Farmers Market Society, I'd like to request your permission to sell bottles of locally vinted wine, cider and mead, at our Farmers Market, this summer. I have attatched 2 supporting documents issued by the Province of British Columbia allowing Farmers Markets to sell alcohol providing they obtain and display the necessary licenses required by the Province of British Columbia.

We love having our Farmers Market in Veteran's Memorial Park. The two years that we've been there, we've seen our market grow and the customers have increased significantly. We've become a favourite place to visit on a Saturday, during market season. We bring in customers from all over the region and from up island too - just to shop at our market. Many of our customers remain in Langford and enjoy the variety of restaurants and shopping available and the local merchants are happy with this.

Last year, we conducted a survey, to find out what the customers liked and wanted. They love the variety. They love shopping for farm fresh produce and crafts. They loved our entertainment. Many wished they could purchase a bottle of wine to take home with the food they purchased. I would like to point out that we are THE ONLY market, between Sidney and Sooke, that doesn't offer locally vinted wine, cider or mead.

In light of the new Liquor Control Laws, allowing grocery stores to sell wine and to allow children to accompany their parents into pubs, I have to ask you to please reconsider your previous answers to our plea. Wine vendors will be carefully scrutinized to make sure that they only offer the smallest of samples, to make sure they check all ID, to make sure that no one leaves their allotted 10' x 10' space, and to make sure that no one opens any bottles on the premises. If one of these rules is disobeyed, that vendor will be let go.

To make this hopefully work for us, we are looking into renting the Mason's Hall parking lot, to put wine vendors over there, instead of within the park. This is on private property, so we're not sure who we need permission from (The City of Langford or The Mason's) . . . I would also like to point out, that when families visit our market - usually one of the parents takes the children to the playground while the other parent shops - and as a result, there are very few children wandering around our market, with the exception of babies in strollers.

I know there has been a previous beer garden in Veteran's Memorial Park - as well as other area's around the City of Langford. . what we're asking for is nothing like a beer garden . . . it is a vendor selling sealed bottles of locally vinted wine, cider or mead, and offering the smallest possible taste prior to the customer purchasing it.

Thank you for taking the time to read this, as well as the enclosed attachments. We thank you sincerely, for allowing us to hold our weekly Farmers Market in Veteran's Memorial Park. . . the atmosphere is spectacular for us and creates a warm sense of community. I strongly encourage all of you to come out to our market on Opening Day (May 7) and introduce yourselves and meet with your community and see how our market has grown.

Thank you
Elaine Baglo
President
Goldstream Farmers Market

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ATTACHMENT B

BRITISH
MAO COLUMBIA
Liquor Control and Licensing Branch

POLICY DIRECTIVE
No: 14-11
Date: June 21,2014

To:
All LCLB staff
All manufacturer licensees
All Local Government, First Nations, and Police Agencies
BC Association of Farmers' Markets

Re: Liquor sales at farmers' markets

Introduction

The implementation of the recent Liquor Policy Review (LPR) report recommendation (#31) will permit licensed manufacturers to sell their products at farmer's markets. The new Liquor Control and Licensing Regulation sections 18.3— 18.6 outline the criteria for eligibility and sale of liquor at a farmers market.

Eligibility

Licensees: A licensed manufacturer (winery, brewery, distillery) with an on-site store endorsement may apply for a Farmers' Market Authorization to sell their products at a farmer's market. Licensees are responsible for confirming that the farmer's market complies with local bylaws around the sale of packaged liquor and that the market where they plan to sell meets the following criteria:

• is comprised entirely of vendors who make, bake, grow or raise the products they sell at the market;
• is managed or carried on by an organization that is incorporated under the Society Act or the Business Corporations Act;
• is comprised of at least 6 vendors, and;
• operates for at least 2 hours in a day, at least 4 times per year, but no more than twice a week.

Markets: Farmer's markets do not have to apply to the Branch to host liquor vendors. However, it is recommended that all markets who intend to invite liquor vendors confirm with their local government/First Nation that the sale of packaged liquor is permitted in this manner within the municipality that the market takes place.

Licensees are required to confirm with markets that the market site is permitted by local government/First Nation bylaws to sell packaged liquor for off-site consumption.

Licensees are required to submit the market's society or business registration information as part of their authorization application and will request this from host markets.

Just like for any vendor, market organizers will provide the invited liquor licensees with a defined sales area for their products. Liquor licensees will then conduct all sales and sampling within that area.

Markets are not obliged to host liquor vendors. If a market chooses to invite liquor licensees as vendors they may limit the sale in other ways to ensure the principles of the market are maintained. For example, the market may choose to rotate vendors, limit the number of liquor vendor spots per market, or limit the type of liquor vendors may sell.

Important for markets: If a liquor vendor cannot produce a Farmers' Market Authorization issued by the Liquor Control and Licensing Branch they have not been authorized to sell liquor at a market.

Policies

The market authorization is valid during the market hours only and liquor may not be sold outside of store endorsement hours 9 a.m. to 11 p.m.. This means that even if a market begins at 8am a liquor vendor may not sell until 9ann.

Licensees may only sell the products registered to the licence and permitted in the onsite store. All market sales must be reported as usual through the onsite store endorsement.

Each manufacturer must have a distinct sales area and must post their authorization in a conspicuous location in their area during each market.

Staff at the market stall must have Serving it Right certification and must not be minors.

All sales must occur within the sales area provided for the licensee by the market organizers. Sampling must also take place within the market sales area and patrons may not remove samples from the sales area to walk around the market. Licensees may not charge for samples and sample sizes are restricted as follows (per person per day):

Procedures: Obtaining a Farmers' Market Authorization

Prior to applying to sell liquor at a farmers' market the licensee must:

• confirm that the market meets the definition of farmers' market. Farmers markets will have an emphasis on local produce and related farm products — markets that sell imported goods or flea markets may not host liquor vendors
• be accepted to sell at the market by the market organizers
• request the market's registration information (e.g. society registration number) needed for the authorization
• confirm with the market that the municipality where the market occurs has permission to include liquor vendors in the market
• determine which dates to sell at the market. Your authorization will only be valid for the series of market dates submitted
• If you would like to sell at two different markets (e.g. one in Osoyoos and one in Penticton) you will need a separate authorization for each one.

There are currently no fees for this authorization and application for the authorization must be completed through OneStop, the B.C. Business Registry at http://www.bcbusinessregistry.ca.1 If a licensee has any questions about OneStop they can email LCLBOneStopHelp@gov.bc.ca or call 1 888-544-0443 (250-952-7039 in greater Victoria or outside B.C.). Licensees must apply for the authorization at least five business days before the planned event. Licensees will need to print out and post their authorization at the market.

If you have any questions regarding selling at farmers' markets please call your liquor inspector or the branch at the number below.

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.gov.bc.ca/Iclb/.

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 from the Victoria area.

Original signed by:
Douglas Scott
Assistant Deputy Minister and General Manager

Original wording was revised on August, 24 2015, to reflect the change from using a faxed paper authorization request form, to the authorization being exclusively applied for online through OneStop.