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Clearwater town council urges province to enforce health, liquor laws

The District of Clearwater mayor and council held a special meeting regarding a local business defying health, liquor and business licensing on Friday.

Clearwater town council is calling on the B.C. government to enforce the province's liquor licensing and health regulations within the district. 

During a special meeting held January 31, Friday afternoon council voted to direct staff to send a letter to the Ministry of Public Safety and Solicitor General, the Ministry of Health, and the Ministry of Attorney General, as well as to the local Member of the Legislative Assembly (MLA) making the request. 

The motion to write the letter was in response to a complaint to the Liquor and Cannabis Regulation Branch (LCRB) by several local restaurants that 52 Ridge Restaurant was selling liquor without a liquor license.

The reply from LCRB to the complaint was that it did not have the legal authority or jurisdiction to investigate as 52 Ridge is an unlicensed establishment. 

District of Clearwater staff felt the LCRB response was “problematic” and did not reflect what is said in the Liquor Control and Licensing Act, said chief administrative officer Byron Johnson.

The Act says nothing about the branch not having authority over businesses that sell liquor without a license, said the CAO.

The Act allows the seizure of liquor that is possessed or kept contrary to the Act, Johnson pointed out.

Corporations found to violate the Act can be fined up to $100,000. Individuals who are licensees can be fined up to $50,000 or imprisoned up to six months, or both. Individuals who are not licensees can be fined up to $10,000 or imprisoned up to six months, or both.

Susan Ward from the Hungry Hiker Restaurant read a letter from a group of 15 businesses calling themselves the Compliant Business Owners of Clearwater.

“We are looking for equality in business practices and regulation in Clearwater and clarification on the laws surrounding liquor resale and health permitting,” the letter read.

According to the letter, 52 Ridge Restaurant has not had a liquor license since Sept. 13, 2022, when it was removed because the business did not meet the requirements.

It also said the restaurant has been operating without an Interior Health permit since June 2023 and without a business license for three years.

“In addition to being a health risk, having an establishment that is an unregulated establishment poses a large safety risk to the residents of Clearwater and the many tourists who are unaware of the noncompliance of this establishment,” said the letter.

Reading the letter, Ward said that all of the businesses that have complied with the laws and regulations have been affected in one way or another; they have all lost much-needed revenue, they have lost customers, and they have lost employees who want cash rather than to contribute themselves to CPP, EI, etc.

“Lack of enforcement has gone on too long,” the letter continued. “It has cost us, the taxpayers, hundreds of thousands of dollars in legal fees and staffing hours and has potentially taken even more tax dollars from the government through potential lack of corporation taxes and remittance of GST and PST.”

Dean Clifford, one of the owners of Clearwater Valley Resort and 52 Ridge Restaurant, asked, “Who do people say 52 Ridge Restaurant is?” and “What kind of ownership is someone claiming I own?”

He also asked repeatedly, “What interest does the District of Clearwater have in 373 Clearwater Valley Road?”

CAO Johnson said he did not understand the questions and Clifford should send them to the municipality’s lawyers in writing.

This reporter asked the town council and staff about the statement in the letter that the situation has cost hundreds of thousands of dollars in legal fees. CAO Johnson said they could not release the legal fees on a specific case. He suggested the newspaper send a Freedom of Information request for the amount.

This reporter also asked if it was true that the water fees for 52 Ridge had not been paid. Staff replied that the overdue fees were being rolled into the property taxes. Even though the water fees were overdue, the water has not been turned off.

Beverly Louwerse told the meeting there is a difference between what is lawful and what is legal. Anyone who wants an explanation should ask her, she said.

“It leaves me very afraid and concerned,” said Zephram Petrik about the situation. He said he is a new father living near the restaurant with his wife and child.