You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

# result(s)

Français

Liquor Licence and Control Act, 2019

ONTARIO REGULATION 746/21

LICENSING

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

Last amendment: 352/22.

Legislative History: 746/21, 352/22.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION

1.

Interpretation

2.

Persons acting on behalf of licensee

3.

Affiliated and related persons and entities

4.

Small breweries: criteria

5.

Small wineries: criteria

6.

Small cideries: criteria

7.

Geographic regions

PART II
GENERAL RULES AND CONDITIONS

8.

Application

9.

Identification on sale, service or delivery

10.

General conditions for delivery of liquor

11.

Age of persons handling liquor

12.

No contracting out operations

13.

Tax compliance verification

14.

Tax compliance verification

PART III
LICENCES TO OPERATE A LIQUOR CONSUMPTION PREMISES

Classes, Endorsements and Authorized Actions

15.

Classes of liquor consumption premises licences

16.

Liquor sales licence endorsements

17.

Authorized actions for liquor sales licence

18.

Authorized actions for mini bar licence

Notice Exceptions

19.

Notice exceptions

Ineligibility Criteria

20.

Ineligibility for licences to operate a liquor consumption premises

Licence Conditions

Conditions that Apply to Licences to Operate a Liquor Consumption Premises

21.

Application

22.

No benefits from manufacturers

23.

Supply of liquor by employees

24.

Immoderate consumption

25.

Adulteration of liquor

26.

Minimum price

27.

No dwellings

28.

Gross revenue agreement

Liquor Sales Licences

29.

Application

30.

Multiple premises in licence

31.

Hours of sale and service

32.

Events of significance

33.

Boats

34.

Railway cars

35.

Prohibitions on sale, storage, etc.

36.

Variety of liquor products and brands

37.

Required clean-up

38.

Storage and dispensing of liquor

39.

Removal of liquor from licensed premises

40.

Liquor takeout

41.

Delivery of liquor under liquor sales licence

42.

Maintaining control over premises

43.

Preventing unlawful behaviour or nuisance

44.

Disorderly conduct

45.

Outdoor noise

46.

By-laws and other statutes

47.

Special rules for permits

48.

Special rules for tied houses and by-the-glass endorsements

Mini Bar Licences and Endorsements

49.

Application

50.

Mini bar required for storage

51.

Access to mini bar

52.

Acquisition of liquor for mini bar

Brew Pub Endorsements

53.

Application

54.

Beer sales and consumption

55.

Manufacture at premises

Wine Pub Endorsements

56.

Application

57.

Wine sales and consumption

58.

Manufacture at premises

Caterer’s Endorsements

59.

Application

60.

Event requirements

61.

Event premises compliance

62.

Return of unsold liquor to inventory

63.

Exemption, transport between premises and location of catered event

Golf Course Endorsements

64.

Application

65.

Drinking or holding liquor

66.

Exception, motorized vending cart on playing area

Bring-Your-Own-Wine Endorsements

67.

Application

68.

Bring-your-own-wine requirements

PART IV
LICENCES TO OPERATE A RETAIL STORE

Classes, Endorsements and Authorized Actions

69.

Classes of retail store licences

70.

Endorsements on retail store licences

71.

Authorized actions for beer and cider grocery store licence

72.

Authorized actions for beer and wine grocery store licence

73.

Authorized actions for offsite winery retail store licence

74.

Authorized actions for Brewers Retail Inc. licence

Limitations on Issuance of Licences and Ineligibility Criteria

75.

Limitation on issuance of offsite winery retail store licences

76.

Limitation on eligibility for wine boutique sales agent endorsements

77.

Ineligibility criteria

78.

Limitation on issuance of beer and cider grocery store licences and beer and wine grocery store licences

79.

Limitation on issuance of Brewers Retail Inc. licence

Wine Boutique Agreement

80.

Wine boutique agreement

Licence Conditions

Licences to Operate a Retail Store

81.

Application

82.

Availability of liquor

Beer and Wine Grocery Store Licences and Beer and Cider Grocery Store Licences

83.

Application

84.

Financial relationships

85.

Must continue to be eligible grocery store

86.

No unilateral termination of lease or license

87.

Sales in eligible grocery stores

88.

Conduct of sales in eligible grocery stores

89.

Product display

90.

Packaging

Offsite Winery Retail Store Licences

91.

Application

92.

Winery licence required

93.

Wine that can be sold

94.

No operation within sales area of eligible grocery store without wine boutique endorsement

Wine Boutique Sales Agent Endorsements

95.

Application

96.

Sale of wine

97.

Wine boutique must be readily distinguishable

Wine Boutique Endorsements

98.

Application

99.

Sales in wine boutiques

100.

Conduct of sales in wine boutiques

101.

Wines offered for sale

102.

Financial relationships

103.

Packaging

104.

Sales information re stock-keeping units

Brewers Retail Inc. Licence

105.

Application

106.

Stores and products

107.

Distribution of liquor

108.

Required training

PART V
LICENCES TO OPERATE AS A WHOLESALER

109.

No issuance of wholesaler licences

PART VI
LICENCES TO DELIVER

Classes and Authorized Actions

110.

Classes of licences to deliver

111.

Authorized actions for licence to deliver

Licence Conditions

112.

Application

113.

Purchase of liquor

114.

Delivery of liquor under licence to deliver

PART VII
LICENCES TO OPERATE A FERMENT ON PREMISES FACILITY

Classes and Authorized Actions

115.

Classes of licences to operate a ferment on premises facility

116.

Authorized actions for licence to operate a ferment on premises facility

Licence Conditions

117.

Application

118.

Interpretation

119.

Ferment on premises requirements

120.

Ferment on premises restrictions

121.

Making of beer or wine

122.

Limit on other businesses and sales

PART VIII
LICENCES TO REPRESENT A MANUFACTURER

Classes and Authorized Actions

123.

Classes of licences to represent a manufacturer

124.

Authorized actions for licence to represent a manufacturer

Licence Conditions

125.

Application

126.

Representation

PART IX
MANUFACTURER’S LICENCES TO SELL

Classes, Endorsements and Authorized Actions

127.

Classes of manufacturer’s licences to sell

128.

Manufacturer’s licence to sell endorsements

129.

Eligibility for endorsements

129.1

Proposal to refuse endorsement

130.

Authorized actions for manufacturer’s licence to sell

Licence Conditions

Manufacturer’s Licences to Sell

131.

Application

132.

Material financial or other benefit

133.

Supply of liquor without remuneration

134.

Employees who take or solicit orders for sales

135.

Labels

136.

Sale of beer under brewery licence

137.

Sale of spirits under distillery licence

138.

Sale of wine under winery licence

139.

Sale for purpose of sampling

140.

Distribution

141.

Distribution of beer

Brewery Retail Store Endorsements, Distillery Retail Store Endorsements and Winery Retail Store Endorsements

142.

Application

143.

Availability of liquor

144.

Sale of liquor under retail store endorsements

By-the-Glass Endorsements

145.

Application

146.

Compliance with other conditions

147.

By-the-glass hours of sale and service

148.

By-the-glass prohibitions on sale, storage, etc.

Caterer’s Endorsements

148.1

Compliance with other conditions

Temporary Extension Endorsements

149.

Application

150.

Operation of temporary extension at farmers’ market or promotional event

Delivery Endorsements

151.

Application

152.

Compliance with conditions on licences to deliver

PART X
PHYSICAL EXTENSIONS OF LICENSED PREMISES

153.

Temporary physical extensions of licensed premises

153.

Temporary indoor physical extensions

153.1

Temporary outdoor physical extensions, municipal

153.2

Temporary outdoor physical extensions, on reserve by Registrar

153.3

Temporary outdoor physical extensions, on reserve by council of the band

153.4

Temporary outdoor physical extensions, unorganized territory

153.5

Effect of approved extension

PART XI
LICENCE TRANSFERS

154.

Changes requiring transfer of licence

155.

Transfers of licences to different person

156.

Transfers of licences to different location

157.

Temporary contracting out for purpose of licence transfer to different person

158.

Licences continue to be subject to previous conditions

PART XII
LOCAL OPTION

159.

Prohibited areas

160.

Local option to authorize sale

161.

Voting day

162.

Eligible voters

163.

Municipal Elections Act, 1996 applies

164.

Return to Registrar

165.

Resubmitting questions

166.

Municipal restructuring

Schedule 1

Combination government stores

 

Part I
Interpretation

Interpretation

1. (1) In this Regulation,

“agency store” has the same meaning as in section 17 of the Liquor Tax Act, 1996; (“magasin-agence”)

“auction permit” has the same meaning as in Ontario Regulation 747/21 (Permits) made under the Act; (“permis de circonstance pour une vente aux enchères”)

“banquet room” means either a self-contained licensed premises or a specific area within a licensed premises whose primary use is for private social functions booked in advance; (“salle de réception”)

“boat” means a ship, vessel or boat designed and used to carry passengers for hire on short trips but does not include a seaplane; (“bateau”)

“carboy” means a fermentation vessel where enzymes or yeast may be added to cause fermentation of beer wort, wine juice, wine juice concentrate or other juices or juice concentrates; (“tourie”)

“cider” means wine produced from apples or pears, or from the concentrated juice of apples or pears, to which herbs, water, honey or sugar is added; (“cidre”)

“commercially-made wine” means wine made by a manufacturer but does not include wine made at a ferment on premises facility, wine made at an establishment with a wine pub endorsement, fortified wine or homemade wine; (“vin produit dans le commerce”)

“cream wine” means an alcoholic beverage made from wine and added milk ingredients; (“vin à la crème”)

“deliver” means to transport liquor to customers for consumption and does not include the distribution of liquor to the LCBO or to licensees; (“livrer”)

“distribute” means to transport liquor, other than transporting it to customers for consumption, and includes the warehousing of liquor during its transportation; (“distribuer”)

“eligible grocery store” means a store that satisfies all of the following criteria:

1.  The store offers for retail sale a variety of each of the following types of food products: canned food, dry food, frozen food, fresh fruit, fresh vegetables, fresh meats, prepared meats, fish, poultry, dairy products, baked goods and snack foods.

2.  Food products occupy at least 10,000 square feet of retail floor space in the store.

3.  The store is not primarily identified to the public as a pharmacy, even if a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the store; (“épicerie admissible”)

“farmers’ market” means a central location at which a group of persons who operate stalls or other food premises meet to sell or offer for sale to customers products that include, without being restricted to, farm products, baked goods and preserved foods, and at which a substantial number of the persons operating the stalls or other food premises are producers of farm products who are primarily selling or offering for sale their own products; (“marché de producteurs”)

“fortified wine” means wine to which an alcoholic distillate has been added and that contains no more than 20 per cent alcohol by volume; (“vin fortifié”)

“geographic region” means the North Region, the East Region, the West Region or the GTA Region as they are defined in section 7; (“région géographique”)

“grape product” means grape concentrate, grape juice, grape must or grape wine; (“produit du raisin”)

“industry promotional event” has the same meaning as in Ontario Regulation 747/21 (Permits) made under the Act; (“événement promotionnel de l’industrie”)

“licensed premises” means a premises to which a licence applies, and includes an area to which a by-the-glass endorsement, brewery retail store endorsement, winery retail store endorsement or distillery retail store endorsement applies; (“lieu visé par un permis”)

“malt-based beverage” means an alcoholic beverage that is produced from a base of malt blended with juice, water, carbon dioxide or flavouring and that does not have the aroma or taste commonly attributed to beer; (“boisson au malt”)

“production site” means property that is used by the holder of a manufacturer’s licence to sell for the distillation and production of spirits, the fermentation and production of beer or the alcoholic fermentation and production of wine and includes a vineyard owned by the manufacturer if a significant amount of the grapes is used in the production of the wine; (“lieu de production”)

“private place” has the same meaning as in section 22 of Ontario Regulation 745/21 (General) made under the Act; (“lieu privé”)

“production year” means the 12-month period that ends on December 31 immediately before the beginning of a sales year; (“année de production”)

“quality assurance wine” means wine, excluding cider, that is designated as meeting the quality control standards of a statutory appellation of origin regime that certifies, in the aggregate, less than 50 million litres of wine, excluding cider, annually; (“vin de qualité assurée”)

“railway car” means the rolling stock of a railway company used for the transport of passengers but does not include rolling stock used as a street car, a subway or a similar transit vehicle; (“voiture de chemin de fer”)

“restaurant” means a premises or portion of a premises to which a liquor sales licence applies that is primarily used for the sale and service of meals for consumption by patrons seated at tables but does not include,

(a)  a banquet room,

(b)  premises where liquor is served under a caterer’s endorsement,

(c)  premises located on the property of a post-secondary educational institution, or

(d)  premises where adult entertainment is provided, where,

(i)  the entertainment features the nudity or partial nudity of a person, or

(ii)  the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or “nu” or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement for the entertainment; (“restaurant”)

“sales year” means the period of approximately 12 months,

(a)  that begins on March 1 in a year or, if March 1 is a Saturday or Sunday, that begins on the following Monday, and

(b)  that ends on the last day of February in the following year or, if the last day of February is a Friday or Saturday, that ends on the following Sunday; (“année de ventes”)

“small brewery” means a small brewery within the meaning of section 4; (“petite brasserie”)

“small cidery” means a small cidery within the meaning of section 6; (“petite cidrerie”)

“small winery” means a small winery within the meaning of section 5; (“petit établissement vinicole”)

“stadium” means a premises whose seating is in fixed tiers and in which live sporting and entertainment events take place before an audience; (“stade”)

“tied house” means the licensed premises of the holder of a liquor sales licence located at the municipal or property address of a production site; (“point de vente”)

“VQA wine” means Vintners Quality Alliance wine as defined in the Vintners Quality Alliance Act, 1999; (“vin VQA”)

“wine beverage” means a wine-based cocktail or an alcoholic beverage that is produced from a base of wine that may have added to it flavouring or flavouring preparations, juices, colour and sugar, that does not have the aroma or taste commonly attributed to wine and that is available in a spirits-based version; (“boisson au vin”)

“wine boutique” means a winery retail store that is located inside the shopping area of an eligible grocery store; (“boutique de vins”)

“winemaking year” means the 12-month period from September 1 to August 31. (“année de production du vin”)

(2) In this Regulation, expressions relating to franchises have the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000.

Persons acting on behalf of licensee

2. (1) In this Regulation, any references to a person acting on behalf of a licensee or a manufacturer include, as applicable,

(a)  employees of the licensee or manufacturer;

(b)  agents of the licensee or manufacturer;

(c)  contractors who perform work for the licensee or manufacturer; and

(d)  holders of a licence to represent the manufacturer.

(2) Any requirement set out in this Regulation that applies to a licence or licensee requires the licensee to ensure that every person acting on behalf of the licensee complies with the requirement.

Affiliated and related persons and entities

3. (1) For the purposes of this Regulation, two or more persons or entities are affiliated if they are affiliates within the meaning of the Liquor Tax Act, 1996, if they are partners in the same partnership or if they are members of the same joint venture.

(2) For the purposes of this Regulation, an eligible grocery store is related to another retail store if both stores are operated by the same person, if the operators of both stores are affiliated or if both stores are part of the same franchise system.

Small breweries: criteria

4. (1) For the purposes of this Regulation, a manufacturer of beer is a small brewery for a sales year if both of the following criteria are satisfied:

1.  In the preceding production year, the manufacturer’s worldwide production did not exceed 400,000 hectolitres of beer or, if the manufacturer has been manufacturing beer for less than one year, its worldwide production is not expected to exceed 400,000 hectolitres of beer in the year.

2.  Every affiliate of the manufacturer that manufactured beer in the preceding production year was a small brewery.

(2) In determining the amount of a manufacturer’s worldwide production of beer for a production year, the following are included:

1.  All beer manufactured during the year by the manufacturer, including beer that is manufactured under contract for another beer manufacturer.

2.  All beer manufactured during the year by an affiliate of the manufacturer, including beer manufactured by the affiliate under contract for another beer manufacturer.

3.  All beer manufactured during the year by another beer manufacturer under contract for the manufacturer or for an affiliate of the manufacturer.

(3) A contract referred to in subsection (2) does not include a contract, agreement or arrangement that provides only for the final bottling or other packaging of beer, including any incidental processes such as final filtration and final carbonation or the addition of any substance to the beer that, if added, must be added at the time of final filtration.

Small wineries: criteria

5. (1) For the purposes of this Regulation, a manufacturer of wine is a small winery if both of the following criteria are satisfied:

1.  In the most recent 12-month period for which data is available, the manufacturer’s worldwide sales did not exceed 375,000 litres of wine or, if the manufacturer has been selling wine for less than one year, its worldwide sales are not expected to exceed 375,000 litres of wine in the year.

2.  Every affiliate of the manufacturer that manufactures wine is a small winery.

(2) In determining the amount of a manufacturer’s worldwide sales of wine, the following are included:

1.  All wine (other than cider) sold by the manufacturer.

2.  All wine (other than cider) sold by an affiliate of the manufacturer.

Small cideries: criteria

6. (1) For the purposes of this Regulation, a manufacturer of wine is a small cidery for a sales year if both of the following criteria are satisfied:

1.  In the preceding production year, the manufacturer’s worldwide production did not exceed 25,000 hectolitres of cider or, if the manufacturer has been manufacturing cider for less than one year, its worldwide production is not expected to exceed 25,000 hectolitres of cider in the year.

2.  Every affiliate of the manufacturer that manufactured cider in the preceding production year was a small cidery.

(2) In determining the amount of a manufacturer’s worldwide production of cider for a production year, the following are included:

1.  All cider manufactured during the year by the manufacturer, including cider that is manufactured under contract for another cider manufacturer.

2.  All cider manufactured during the year by an affiliate of the manufacturer, including cider manufactured by the affiliate under contract for another cider manufacturer.

3.  All cider manufactured during the year by another cider manufacturer under contract for the manufacturer or for an affiliate of the manufacturer.

(3) A contract referred to in subsection (2) does not include a contract, agreement or arrangement that provides only for the final bottling or other packaging of cider, including any incidental processes such as final filtration and final carbonation or the addition of any substance to the cider that, if added, must be added at the time of final filtration.

Geographic regions

7. (1) In this Regulation,

“census division” means a census division as identified in the 2011 Census of Canada, as reported by Statistics Canada under the Statistics Act (Canada); (“division de recensement”)

“East Region” means the following census divisions: Stormont, Dundas and Glengarry; Prescott and Russell; Ottawa; Leeds and Grenville; Lanark; Frontenac; Lennox and Addington; Hastings; Prince Edward; Northumberland; Peterborough; Kawartha Lakes; Simcoe; Muskoka; Haliburton; Renfrew; (“région de l’Est”)

“GTA Region” means the following census divisions: Durham; York; Toronto; Peel; Halton; (“région du grand Toronto”)

“North Region” means the following census divisions: Nipissing; Parry Sound; Sudbury; Greater Sudbury; Timiskaming; Cochrane; Algoma; Thunder Bay; Rainy River; Kenora; (“région du Nord”)

“West Region” means the following census divisions: Dufferin; Wellington; Hamilton; Niagara; Haldimand-Norfolk; Brant; Waterloo; Perth; Oxford; Elgin; Chatham-Kent; Essex; Lambton; Middlesex; Huron; Bruce; Grey; Manitoulin. (“région de l’Ouest”)

(2) The LCBO shall, on request, provide a person with information about the boundaries of the census divisions.

Part II
General Rules and Conditions

Application

8. It is a condition of every licence that the licensee comply with sections 9 to 14.

Identification on sale, service or delivery

9. (1) In this section,

“item of identification” means a document respecting a person that includes a photograph of the person, states the person’s date of birth and reasonably appears to have been issued by a government or the LCBO.

(2) The licensee shall ensure that an item of identification of a person who appears to be under 19 years of age is inspected before,

(a)  liquor is sold or served to the person;

(b)  liquor is delivered to the person;

(c)  if the licence is subject to a condition prohibiting the entry of persons under 19 years of age onto the licensed premises, the person is admitted to the licensed premises;

(d)  the person picks up beer or wine that was ordered or purchased online from an eligible grocery store or wine boutique; or

(e)  the licensee permits the person to make beer or wine on the licensed premises, in the case of a licence to operate a ferment on premises facility.

General conditions for delivery of liquor

10. (1) Liquor may be sold for delivery and delivered only in accordance with this section.

(2) The licensee shall ensure that the following requirements are met in the delivery of liquor:

1.  The liquor must not be opened or tampered with during the delivery.

2.  The liquor must only be delivered to a residence or private place.

3.  The liquor must be delivered to a person who,

i.  is at least 19 years of age,

ii.  is located at the address provided with the order, and

iii.  does not appear to be intoxicated.

4.  Despite paragraphs 2 and 3, the liquor must not be delivered to a patient in a facility listed in the Table to section 26 of Ontario Regulation 745/21 (General) made under the Act, or to a patient in a facility for the treatment of alcohol addiction.

5.  For greater certainty, before the liquor is delivered to a person who appears to be under 19 years of age, an item of identification, as defined in section 9, of the person must be inspected.

6.  The liquor must be delivered only between 9 a.m. and 11 p.m. on any day.

(3) If liquor from a licensee is delivered by a holder of a licence to deliver, the holder of the licence to deliver is responsible for ensuring that the conditions set out in this section are met, and those conditions do not apply to that other licensee.

Age of persons handling liquor

11. (1) The licensee shall ensure that any person who, while acting on behalf of the licensee, sells, offers for sale, serves, delivers or handles liquor or who provides samples of liquor is at least 18 years of age.

(2) A person who is 18 years of age is exempt from subsection 34 (1) of the Act if they are in possession of liquor while acting on behalf of,

(a)  the holder of a liquor sales licence;

(b)  the holder of a licence to deliver;

(c)  the holder of a licence to represent a manufacturer; or

(d)  the holder of a licence to operate a ferment on premises facility.

(3) For greater certainty, subsection (2) of this section applies in addition to the exceptions set out in subsections 33 (3) and 34 (2) and (4) of the Act for employees who are 18 years of age.

No contracting out operations

12. (1) The licensee shall not contract out the operations of the licensed business.

(2) For greater certainty, subsection (1) does not prevent a licensee from,

(a)  using contractors to perform certain activities authorized under their licence, unless otherwise prohibited by this Regulation; and

(b)  transferring a licence in accordance with Part XI (Licence Transfers).

Tax compliance verification

13. (1) Despite any other provision of the Act or this Regulation, the Registrar shall not renew or transfer a licence to sell liquor or a licence to operate a ferment on premises facility, and no person is entitled to the renewal or transfer of either of those licences, if the holder of the licence is in default of filing a return or paying any tax, interest or penalty assessed under the Retail Sales Tax Act or the Liquor Tax Act, 1996.

(2) Section 12 of the Act does not apply in respect of a licence to sell liquor or a licence to operate a ferment on premises facility if the holder of the licence is in default of filing a return or of paying any tax, interest or penalty assessed under the Retail Sales Tax Act or the Liquor Tax Act, 1996.

Note: On July 1, 2023, section 13 of the Regulation is revoked. (See: O. Reg. 746/21, s. 167 (1))

Tax compliance verification

14. (1) This section applies to applications for the issuance or renewal of a licence that are submitted on or after July 1, 2023.

(2) No licence shall be issued or renewed unless the applicant or licensee provides, along with their application, an attestation in the form required by the Registrar stating that the person,

(a)  has verified their tax compliance status with the Ministry of Finance,

(b)  is not in default of filing a return under a tax statute administered and enforced by the government of Ontario, or of paying any tax, penalty or interest assessed under any such statute for which payment arrangements have not been made; and

(c)  either,

(i)  does not have a business number with the Canada Revenue Agency, or

(ii)  is not in default of filing a return under the Taxation Act, 2007, the Income Tax Act (Canada), Part IX of the Excise Tax Act (Canada) or an Act of another province or territory that imposes a tax on corporations and is administered and enforced by the Canada Revenue Agency.

(3) The Registrar may require a person who made an attestation described in subsection (2) to provide any additional information required to demonstrate that the attestation is true and accurate.

Part III
Licences to Operate a Liquor Consumption Premises

Classes, Endorsements and Authorized Actions

Classes of liquor consumption premises licences

15. The following classes are established for a licence to operate a liquor consumption premises:

1.  Liquor sales licence.

2.  Mini bar licence.

Liquor sales licence endorsements

16. The following are prescribed as endorsements on liquor sales licences:

1.  Brew pub endorsement.

2.  Wine pub endorsement.

3.  Caterer’s endorsement.

4.  Room service endorsement.

5.  Mini bar endorsement.

6.  Golf course endorsement.

7.  Bring-your-own-wine endorsement.

Authorized actions for liquor sales licence

17. (1) A liquor sales licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell liquor for consumption at the licensed premises.

2.  Permit individuals to possess or consume open liquor at the licensed premises.

3.  Serve or offer to serve liquor in the licensed premises.

4.  Deliver liquor for a fee from the licensed premises. O. Reg. 746/21, s. 17 (1).

(2) A brew pub endorsement authorizes the licensee to perform the actions set out in subsection (1), in accordance with this Regulation, with respect to beer manufactured by the licensee. O. Reg. 746/21, s. 17 (2).

(3) A wine pub endorsement authorizes the licensee to perform the actions set out in subsection (1), in accordance with this Regulation, with respect to wine manufactured by the licensee. O. Reg. 746/21, s. 17 (3).

(4) A caterer’s endorsement authorizes the licensee to perform the actions set out in paragraphs 1 to 3 of subsection (1), in accordance with this Regulation, at premises other than the licensed premises. O. Reg. 746/21, s. 17 (4).

(5) A room service endorsement authorizes the licensee to perform the actions set out in paragraphs 1 to 3 of subsection (1), in accordance with this Regulation, at a room rented as overnight accommodation that is adjacent to the licensed premises. O. Reg. 746/21, s. 17 (5); O. Reg. 352/22, s. 1.

(6) A mini bar endorsement authorizes the licensee to keep for sale, offer for sale or sell liquor from a mini bar, in accordance with this Regulation, in a room rented as overnight accommodation that is adjacent to the licensed premises. O. Reg. 746/21, s. 17 (6); O. Reg. 352/22, s. 1.

(7) A golf course endorsement authorizes the licensee to perform the actions set out in paragraphs 1 to 3 of subsection (1), in accordance with this Regulation, on the playing area of a golf course. O. Reg. 746/21, s. 17 (7).

(8) A bring-your-own-wine endorsement authorizes the licensee to, in accordance with this Regulation, permit patrons to bring sealed, unopened containers of commercially-made wine into a restaurant or banquet room for their own consumption, serve the wine to the patrons and permit the consumption of that wine in the restaurant or banquet room. O. Reg. 746/21, s. 17 (8).

Authorized actions for mini bar licence

18. A mini bar licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell liquor from a mini bar in a room rented as overnight accommodation on the licensed premises.

Notice Exceptions

Notice exceptions

19. (1) For the purposes of clause 7 (2) (c) of the Act, the Registrar is not required to give notice in respect of an application for a licence to operate a liquor consumption premises if,

(a)  a previous licence with respect to the premises was in force less than six months before the application was made, and the previous licence was not revoked for the reason described in subsection 3 (6) of the Act;

(b)  notice of a previous application in respect of the premises was first given under subsection 7 (1) of the Act within the seven-month period before the current application was made, and the Registrar did not refuse the previous application for the reason described in subsection 3 (6) of the Act;

(c)  a licensee applies to add facilities to the licensed premises, to increase the capacity of the licensed premises or to alter the boundaries of the licensed premises and,

(i)  with respect to indoor premises, the capacity of the premises is decreased or is increased,

(A)  by less than 25 per cent, if the capacity of the premises is 80 or more persons, or

(B)  by less than 20 persons, if the capacity of the premises is less than 80 persons, or

(ii)  with respect to outdoor premises, the capacity of the premises is decreased or is increased by less than 25 per cent;

(d)  the application is made by the Canadian Armed Forces for a licence to sell liquor; or

(e)  the application is for a mini bar licence.

(2) For the purpose of clause (1) (c), a change in the capacity of licensed premises is measured in relation to the maximum capacity of the premises set out on the licence that was issued after the most recent notice given under subsection 7 (1) of the Act.

Ineligibility Criteria

Ineligibility for licences to operate a liquor consumption premises

20. (1) For the purposes of this section, “manufacturer” does not include the holder of a liquor sales licence with a wine pub endorsement or brew pub endorsement.

(2) A person is not eligible for a licence to operate a liquor consumption premises if the person is,

(a)  a manufacturer; or

(b)  a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.

(3) Subject to subsection (4), a person is not eligible for a licence to operate a liquor consumption premises if the person is,

(a)  a person who is under agreement with any person to sell the liquor of any manufacturer;

(b)  a person who is associated or connected with a manufacturer or financially interested in a manufacturer as to be likely to promote the sale of liquor of that manufacturer;

(c)  a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor of any manufacturer;

(d)  applying for a licence in respect of premises in which a manufacturer has an interest, whether freehold or leasehold, or by way of mortgage or charge or other encumbrance, or by way of mortgage, lien or charge upon any personal property in the premises and whether the interest is direct or indirect or contingent or by way of suretyship or guarantee; or

(e)  a person applying for a licence in respect of a business in which a manufacturer has an interest by way of a franchise agreement.

(4) A person is not ineligible under subsection (3) if the Registrar determines that it would not be contrary to the public interest to issue the licence, having considered the nature and extent of the financial relationship between the person and the manufacturer.

(5) Subsection (2) does not apply if the application is for a liquor sales licence that would apply to a tied house.

(6) No more than one liquor sales licence may be issued with respect to a single production site.

(7) A person is not eligible for a liquor sales licence if the licence would apply to a boat that has a seating capacity of 11 or fewer people.

Licence Conditions

Conditions that Apply to Licences to Operate a Liquor Consumption Premises

Application

21. It is a condition of every licence to operate a liquor consumption premises that the licensee comply with sections 22 to 28.

No benefits from manufacturers

22. (1) The licensee shall not directly or indirectly request, demand or receive any material financial or other benefit from a manufacturer or a person acting on the manufacturer’s behalf.

(2) Subsection (1) does not apply if the licence applies to a tied house and the benefit is provided by the manufacturer whose production site is located at the same municipal or property address as the tied house.

Supply of liquor by employees

23. The licensee shall ensure that liquor is sold, offered for sale and served only under the supervision of an employee authorized by the licensee for that purpose.

Immoderate consumption

24. The licensee shall not engage in or permit practices that may tend to encourage patrons’ immoderate consumption of liquor.

Adulteration of liquor

25. (1) Subject to subsection (2), the licensee shall not adulterate liquor by adding any substance to it or keep for sale, sell or serve adulterated liquor.

(2) The licensee may add a substance to liquor or otherwise modify the flavour of liquor, and keep for sale, sell and serve that liquor, to a patron who is informed of the modifications at the time of the sale or service.

Minimum price

26. (1) The licensee shall not offer for sale a serving of liquor at a price that is lower than the following amount, including all applicable taxes:

1.  In the case of spirits containing more than 14.8 per cent alcohol by volume, $1.34.

2.  In every other case, $2.00.

(2) If the licensee offers liquor for sale in a serving size that differs from the applicable standard serving size set out in subsection (3), the minimum price for that serving shall increase or decrease in direct proportion to the difference in volume of liquor contained in that serving.

(3) The standard serving sizes referred to in subsection (2) are,

(a)  341 mL (12 oz.) of beer, cider or cooler;

(b)  29 mL (1 oz.) of spirits;

(c)  142 mL (5 oz.) of wine, other than cider; or

(d)  85 mL (3 oz.) of fortified wine.

No dwellings

27. (1) The licensee shall not use a premises used as a dwelling for the sale of liquor.

(2) The licensee shall not use outdoor premises for the sale of liquor if the premises are used in conjunction with a dwelling.

Gross revenue agreement

28. (1) If a person other than the licensee is entitled to receive 15 per cent or more of the gross revenue from the sale of liquor under the licence, the licensee shall provide the Registrar with a copy of the agreement or, if the agreement is not in writing, with details of the arrangement entitling the person to the payment within thirty days after entering into the agreement.

(2) A licensee that owns or operates a bingo hall and that is registered as an operator under the Gaming Control Act, 1992 is not required to comply with subsection (1) if the revenue from the sale and service of liquor is included in the calculation of any payments made to the operator for the provision of gaming services in accordance with the terms and conditions of a lottery licence issued to a charitable or religious organization by the Registrar or a municipal council pursuant to clause 207 (1) (b) of the Criminal Code (Canada).

Liquor Sales Licences

Application

29. It is a condition of every liquor sales licence that the licensee comply with sections 30 to 48.

Multiple premises in licence

30. (1) If the licensee holds a liquor sales licence that applies to more than one premises, the service bar at one premises may only be used to service a second premises if the requirements of subsection (2) are met.

(2) The licensee shall ensure that the licensee or the licensee’s employees are the only persons permitted to carry the liquor across any area not under the exclusive control of the licensee in order to reach the second premises.

Hours of sale and service

31. (1) Subject to subsections (2) to (4) and section 10 (General conditions for delivery of liquor), the licensee shall ensure that liquor is sold and served only between the following hours:

1.  9 a.m. on any day except for December 31 and 2 a.m. on the following day.

2.  9 a.m. on December 31 and 3 a.m. on January 1.

3.  Despite paragraphs 1 and 2, in the case of an event described in section 32 (Events of significance), the hours specified by the Registrar.

(2) This section does not apply with respect to the sale or service of liquor from a mini bar.

(3) Liquor may be sold and served at any time at licensed premises located in a sterile area of an airport that is designated under section 5 of the Customs Act (Canada) as an Airport of Entry or Airport of Entry/15.

(4) For the purposes of subsection (3),

“sterile area” has the same meaning as in the Canadian Aviation Security Regulations, 2012 made under the Aeronautics Act (Canada).

Events of significance

32. (1) The Registrar may extend the hours of sale and service for a liquor sales licence during,

(a)  events of provincial, national or international significance; and

(b)  events of municipal significance that have been designated as such by the council of the municipality or its delegate.

(2) In subsection (1),

“municipality” includes an upper-tier municipality.

Boats

33. The holder of a liquor sales licence that applies to a boat must have either,

(a)  a certificate of seaworthiness attesting to the fitness of the boat, issued by Transport Canada; or

(b)  a letter of confirmation of participation in Transport Canada’s Small Vessel Compliance Program, issued by Transport Canada.

Railway cars

34. Liquor may be sold and served on a railway car only when the railway car is being used for the primary purpose of transporting its passengers and is in transit.

Prohibitions on sale, storage, etc.

35. (1) The licensee may not keep for sale, sell or serve liquor unless the liquor was,

(a)  purchased from the LCBO or from the holder of the Brewers Retail Inc. licence;

(b)  purchased from the holder of a brewery licence, in the case of beer; or

(c)  transferred to the licensed premises from another licensed premises in accordance with the conditions set out in subsection (3). O. Reg. 746/21, s. 35 (1).

(2) The licensee shall provide their licence number to the LCBO or to the holder of the Brewers Retail Inc. licence or the brewery licence before purchasing any liquor from them. O. Reg. 746/21, s. 35 (2).

(3) The conditions for the transfer of liquor referred to in clause (1) (c) are as follows:

1.  The licences for both premises must be held by the same licensee, or by a licensee and an affiliate of the licensee, and the transfer of the liquor must only be carried out or supervised by the licensee or, if applicable, the affiliate.

2.  Neither of the licences may be under suspension, and no proposal to revoke or suspend either licence may have been issued.

3.  The licensed premises from which the liquor is to be transferred must no longer be in operation or must be scheduled to imminently cease to operate on either a temporary or permanent basis.

4.  The liquor that is to be transferred must have been previously purchased or transferred in accordance with subsection (1).

5.  Before the liquor is transferred, the licensee or, if applicable, affiliate must give written notice of the transfer to the Registrar containing the information listed in the standards established by the Registrar within the time and in the form and manner specified by the Registrar.

6.  No remuneration may be provided for the transferred liquor.

7.  The liquor must be transferred in securely closed containers. O. Reg. 746/21, s. 35 (3).

(4) The licensee shall not possess liquor or permit any person to possess liquor at the licensed premises or in any place used in connection with the sale and service of liquor by the licensee, including the food preparation and storage areas, other than liquor that the licensee purchased or transferred in accordance with subsection (1). O. Reg. 746/21, s. 35 (4).

(5) Despite subsections (1) to (4), a licensee with a bring-your-own-wine endorsement may permit patrons to possess sealed, unopened containers of commercially-made wine that the patrons brought into the restaurant or banquet room to which the licence applies for their own consumption and may serve the wine if,

(a)  the wine is served to the patrons who brought the wine onto the premises; and

(b)  in the case of an endorsement that applies to a banquet room, the wine is served while the patrons are seated at tables in the banquet room consuming a meal. O. Reg. 746/21, s. 35 (5).

(6) Despite subsection (4), the licensee may permit a manufacturer or a person acting on the manufacturer’s behalf to possess liquor on the licensed premises for the purpose of having the licensee or the licensee’s employees sample the liquor in the presence of the manufacturer or the person acting on the manufacturer’s behalf. O. Reg. 746/21, s. 35 (6).

(7) If sampling occurs under subsection (6), the licensee shall ensure that any sampled liquor remaining at the end of the sampling is immediately removed from the licensed premises. O. Reg. 746/21, s. 35 (7).

(8) Despite subsection (4), the licensee may permit sealed, unopened liquor purchased from a retail store, from the holder of a liquor sales licence or from the holder of a by-the-glass endorsement to be possessed on the licensed premises if the liquor is intended for personal use elsewhere than on or adjacent to the licensed premises. O. Reg. 746/21, s. 35 (8); O. Reg. 352/22, s. 2.

(9) Despite subsection (4), liquor may be possessed on licensed premises for the purpose of being awarded as a prize at a lottery scheme conducted and managed in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada). O. Reg. 746/21, s. 35 (9).

(10) Despite subsection (4), the licensee may permit sealed, unopened liquor, other than liquor referred to in subsection (1), to be possessed on the licensed premises for the purpose of an auction held under an auction permit. O. Reg. 746/21, s. 35 (10).

Variety of liquor products and brands

36. (1) A licensee who offers beer, wine or spirits for sale shall keep in stock and offer for sale a variety of liquor products of a variety of manufacturers.

(2) A licensee is not required to offer for sale more than one brand of draught beer unless the licensed premises are a stadium.

(3) This section does not apply to a tied house.

Required clean-up

37. The licensee shall ensure that evidence of liquor that has been served and consumed on the licensed premises is removed within 45 minutes after the end of the period during which liquor may be sold and served under the licence.

Storage and dispensing of liquor

38. (1) The licensee shall not store liquor in, or dispense liquor from, a container other than the container in which it was purchased or transferred in accordance with subsection 35 (1) (Prohibitions on sale, storage, etc.).

(2) Despite subsection (1), a licensee may,

(a)  use automatic dispensing equipment to serve liquor if all the liquor contained in the automatic dispensing equipment comes from a single container of liquor that the licensee purchased or transferred in accordance with subsection 35 (1) (Prohibitions on sale, storage, etc.); or

(b)  store liquor in, and dispense liquor from, a container other than the container in which it was purchased or transferred if the liquor is stored in a different container because it is being modified in accordance with subsection 25 (2) (Adulteration of liquor).

Removal of liquor from licensed premises

39. (1) The licensee shall not permit a patron to remove liquor from the licensed premises except in accordance with this section or section 40 (Liquor takeout).

(2) A licensee may permit a patron to remove liquor from the licensed premises if,

(a)  the licensee has securely closed an opened and unfinished container of commercially-made wine that was either purchased from the licensee or that the patron brought into the restaurant or banquet room; or

(b)  the liquor is in a sealed, unopened container and,

(i)  is commercially-made wine that the patron brought into a restaurant or banquet room and which the patron wishes to remove from that place, or

(ii)  was brought onto the licensed premises by a patron that purchased the liquor from a retail store in accordance with subsection 35 (8) (Prohibitions on sale, storage, etc.).

(3) Despite clause (2) (a) and subclause (2) (b) (i), the licensee shall not permit a patron who is or appears to be intoxicated to remove wine from the licensed premises.

(4) A licensee may permit liquor to be removed from the licensed premises if,

(a)  it is removed by a person who was awarded the liquor as a prize at a lottery scheme conducted and managed in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada); or

(b)  it is removed by a successful bidder for the liquor at an auction held under an auction permit on the licensed premises.

Liquor takeout

40. (1) Despite subsection 39 (1) (Removal of liquor from licensed premises), and subject to subsection (2), liquor in a securely closed container may be removed by a patron from the licensed premises if the licensee ensures that,

(a)  the liquor is purchased together with food sold by the licensee at the licensed premises;

(b)  the food and liquor are removed from the licensed premises together;

(c)  the patron to whom the liquor is provided is the same patron who purchased the liquor; and

(d)  the liquor is removed from the licensed premises by the patron between 9 a.m. and 11 p.m. on any day.

(2) Subsection (1) does not apply with respect to a licensee in the following circumstances:

1.  The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.

2.  In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,

i.  the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or

ii.  the premises is located within a commercial establishment that is not a shopping mall.

Delivery of liquor under liquor sales licence

41. (1) The licensee shall ensure that liquor is sold for delivery only in accordance with this section.

(2) The sale of liquor for delivery is subject to the following requirements:

1.  The liquor must be in a securely closed container.

2.  Food sold by the licensee at the licensed premises must be purchased and delivered together with the liquor.

(3) Despite section 23 (Supply of liquor by employees), the offer for sale and sale of liquor for delivery may be supervised by a holder of a licence to deliver with whom the holder of the liquor sales licence has entered into an arrangement for that purpose or by a person who acts on behalf of the holder of the licence to deliver.

(4) Nothing in section 27 (No dwellings) affects the operation of this section.

(5) The licensee shall not sell liquor for delivery or deliver liquor in the following circumstances:

1.  The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.

2.  In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,

i.  the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or

ii.  the premises is located within a commercial establishment that is not a shopping mall.

(6) For greater certainty, the conditions set out in this section apply in addition to the general conditions for the delivery of liquor set out in section 10 (General conditions for delivery of liquor).

Maintaining control over premises

42. The licensee shall ensure that the licensee or a manager appointed by the licensee maintains control over the premises, including exercising control over who is permitted to enter the premises or remain on the premises and the activities that are permitted to occur on the premises.

Preventing unlawful behaviour or nuisance

43. (1) The licensee shall not permit intoxication, unlawful gambling or disorderly conduct to occur on the licensed premises or in adjacent areas under the exclusive control of the licensee. O. Reg. 746/21, s. 43 (1); O. Reg. 352/22, s. 3 (1).

(2) The licensee shall not permit a person to hold, offer for sale, sell, supply or consume a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) on the licensed premises or in adjacent areas under the exclusive control of the licensee. O. Reg. 746/21, s. 43 (2); O. Reg. 352/22, s. 3 (1).

(3) The licensee shall ensure that police officers acting in the course of their duties are given access to the licensed premises and to the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder. O. Reg. 746/21, s. 43 (3); O. Reg. 352/22, s. 3 (2).

Disorderly conduct

44. The licensee shall ensure that reasonable measures are in place and reasonable efforts are made to,

(a)  deter disorderly conduct on property adjacent to or in the vicinity of the licensed premises; and

(b)  minimize harm to the property described in clause (a) arising out of disorderly conduct engaged in by patrons of the licensee or by persons attempting or waiting to enter the licensed premises or to leave the licensed premises.

Outdoor noise

45. The holder of a licence that applies to outdoor premises shall not permit noise that arises directly or indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons who reside near the premises.

By-laws and other statutes

46. (1) The licensee shall ensure that the licensed premises comply with the applicable requirements in the following:

1.  Any applicable zoning by-laws respecting the use of the premises.

2.  The Building Code Act, 1992.

3.  The Fire Protection and Prevention Act, 1997.

4.  The Health Protection and Promotion Act.

(2) This section does not apply with respect to licensed premises that are a railway car or boat.

Special rules for permits

47. Despite subsections 35 (4) (Prohibitions on sale, storage, etc.) and 39 (1) (Removal of liquor from licensed premises), the licensee may permit a patron at a public event for which a permit has been issued to bring a serving of liquor onto the licensed premises or to remove liquor from the licensed premises if,

(a)  the event is an outdoor event taking place on both the licensed premises and premises to which the licence does not apply;

(b)  the Registrar has approved a request from the applicant for the permit to authorize patrons to bring a serving of liquor onto the licensed premises specified in the request and to remove the liquor from the licensed premises;

(c)  the council of the municipality, or its delegate, has designated the event as one of municipal significance;

(d)  the liquor is removed to other premises to which the permit applies;

(e)  the licensee and the permit holder have entered into an agreement with each other to ensure that there is,

(i)  no unreasonable risk to public safety, the public interest and the public, and

(ii)  no unreasonable risk of non-compliance with the Act and the regulations by either of the parties; and

(f)  the parties to the agreement described in clause (e) have provided it to the Registrar at least 30 days before the event.

Special rules for tied houses and by-the-glass endorsements

48. (1) Despite subsections 35 (1) to (4) (Prohibitions on sale, storage, etc.) and 39 (1) (Removal of liquor from licensed premises), the holder of a liquor sales licence that applies to a tied house or the holder of a manufacturer’s licence to sell with a by-the-glass endorsement may,

(a)  in the case of a tied house, possess sealed, unopened liquor in the tied house that the licensee purchased on behalf of a patron from a retail store that is located at the same municipal or property address as the tied house;

(b)  if the licensee also holds a manufacturer’s licence to sell, possess sealed, unopened liquor in the tied house or by-the-glass area that,

(i)  is possessed for the purposes of selling the liquor to a patron, and

(ii)  was purchased from a retail store that is located at the same municipal or property address as the tied house; or

(c)  permit a patron to remove sealed, unopened liquor from the tied house or by-the-glass area if the liquor was brought into the tied house or by-the-glass area in accordance with clause (a) or (b).

(2) Despite subsections 35 (1) to (4) (Prohibitions on sale, storage, etc.) and 39 (1) (Removal of liquor from licensed premises), a licensee described in subsection (1) may permit patrons to remove a serving of liquor from the licensed premises and be in possession of the liquor on licensed premises elsewhere on the production site and in immediately adjacent licensed premises.

(3) Section 30 (Multiple premises in licence) applies, with necessary modifications, to service bars located at a premises that is a tied house or to which a by-the-glass endorsement applies.

Mini Bar Licences and Endorsements

Application

49. It is a condition of every mini bar licence, or a liquor sales licence to which a mini bar endorsement applies, that the licensee comply with sections 50 to 52.

Mini bar required for storage

50. (1) A room rented as overnight accommodation that has mini bar service must be equipped with a mini bar for the storage of liquor and non-alcoholic beverages.

(2) Access to the contents of the mini bar must be controlled by the licensee or restricted by means of a locking device.

Access to mini bar

51. (1) The licensee shall ensure that a key or other security device for access to the contents of a mini bar in a room with mini bar service is not given to a person who is under 19 years of age.

(2) The licensee shall ensure that the key or other security device for access to the contents of the mini bar is kept separate from the room key.

Acquisition of liquor for mini bar

52. (1) The licensee may not keep for sale or sell liquor under the mini bar licence or mini bar endorsement unless that liquor was purchased from the LCBO or from the holder of the Brewers Retail Inc. licence.

(2) The licensee must provide the licence number to the seller in respect of any purchase of liquor intended for sale or service from the mini bar.

Brew Pub Endorsements

Application

53. It is a condition of every liquor sales licence with a brew pub endorsement that the licensee comply with sections 54 to 55.

Beer sales and consumption

54. The beer manufactured by the licensee must be sold and consumed only,

(a)  on the licensed premises;

(b)  on one premises other than the premises where the beer is manufactured if,

(i)  the licensee has at least a 51 per cent interest in the business carried on at the other premises, and

(ii)  a liquor sales licence applies to the other premises;

(c)  in accordance with any caterer’s endorsement attached to the licence containing the brew pub endorsement;

(d)  in accordance with the takeout rules in section 40 (Liquor takeout); or

(e)  in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

Manufacture at premises

55. The licensee shall ensure that the beer the licensee manufactures is manufactured at the licensed premises.

Wine Pub Endorsements

Application

56. It is a condition of every liquor sales licence with a wine pub endorsement that the licensee comply with sections 57 to 58.

Wine sales and consumption

57. The wine manufactured by the licensee must be sold and consumed only,

(a)  on the licensed premises;

(b)  in accordance with the takeout rules in section 40 (Liquor takeout); or

(c)  in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

Manufacture at premises

58. The licensee shall ensure that the wine the licensee manufactures is manufactured at the licensed premises.

Caterer’s Endorsements

Application

59. It is a condition of every liquor sales licence with a caterer’s endorsement that the licensee comply with sections 60 to 63.

Event requirements

60. (1) The licensee shall ensure that liquor is offered for sale only at events which,

(a)  do not exceed ten consecutive days in duration and which are sponsored by a person other than the licensee; and

(b)  are not held in a residence.

(2) The licensee shall not offer liquor for sale at a series of events sponsored by the same person if, as a result of doing so, the licensee is or appears to be operating an ongoing business with the sponsor.

Event premises compliance

61. (1) The licensee shall not offer liquor for sale at an event or serve liquor at an event if the premises at which the event is held do not comply with the requirements of this Regulation that apply to premises to which a liquor sales licence applies.

(2) Subsection (1) does not apply with respect to a residence.

(3) Premises must not be used for the sale and service of liquor under a caterer’s endorsement to a liquor sales licence if,

(a)  an application for a licence in respect of the premises has been refused for the reason described in subsection 3 (6) of the Act;

(b)  a licence in respect of the premises has been revoked or is under suspension; or

(c)  the premises has been disqualified under section 18 of the Act.

(4) A licensee who holds both a caterer’s endorsement and a bring-your-own-wine endorsement shall not permit persons to bring wine under the bring-your-own-wine endorsement onto the premises where the caterer’s endorsement applies.

Return of unsold liquor to inventory

62. The licensee shall ensure that liquor that is not sold during an event is returned to the licensee’s inventory.

Exemption, transport between premises and location of catered event

63. The licensee and any employee of the licensee are exempt from subsection 42 (1) of the Act when transporting liquor purchased under the licence between the licensed premises and the location of a catered event.

Golf Course Endorsements

Application

64. It is a condition of every liquor sales licence with a golf course endorsement that the licensee comply with sections 65 to 66.

Drinking or holding liquor

65. The licensee shall ensure that no person drinks or holds any liquor while driving a golf cart on the golf course.

Exception, motorized vending cart on playing area

66. Any person who obtained liquor at any licensed area of a golf course operated by a licensee with a golf course endorsement is exempt from subsection 42 (1) of the Act while driving or having the care or control of a motorized vending cart on the playing area of the golf course.

Bring-Your-Own-Wine Endorsements

Application

67. It is a condition of every liquor sales licence with a bring-your-own-wine endorsement that the licensee comply with section 68.

Bring-your-own-wine requirements

68. (1) The licensee shall ensure that,

(a)  patrons bring only sealed, unopened containers of commercially-made wine into the restaurant or banquet room;

(b)  only the licensee or one of the licensee’s employees opens a container of wine brought into the restaurant or banquet room by a patron; and

(c)  the wine is served only to the patron or patrons who brought the wine into the restaurant or banquet room.

(2) If the endorsement is for a banquet room, the licensee shall ensure that the wine is served while the patrons are seated at tables in the banquet room consuming a meal.

(3) If any wine in a container brought into the restaurant or banquet room by the patron remains at the end of the patron’s visit, the licensee shall dispose of it unless the patron removes the container containing the wine in accordance with subsection 39 (2) (Removal of liquor from licensed premises).

Part IV
Licences to Operate a Retail Store

Classes, Endorsements and Authorized Actions

Classes of retail store licences

69. The following classes are established for a licence to operate a retail store:

1.  Beer and cider grocery store licence.

2.  Beer and wine grocery store licence.

3.  Offsite winery retail store licence.

4.  Brewers Retail Inc. licence.

Endorsements on retail store licences

70. (1) The following are prescribed as endorsements on beer and cider grocery store licences:

1.  Wine boutique sales agent endorsement.

(2) The following are prescribed as endorsements on offsite winery retail store licences:

1.  Wine boutique endorsement.

Authorized actions for beer and cider grocery store licence

71. (1) A beer and cider grocery store licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell beer or cider in an eligible grocery store operated by the licensee.

2.  Serve or offer to serve samples of beer or cider in the eligible grocery store that are eligible to be sold in that store.

3.  Permit individuals to possess or consume samples of beer or cider provided by the licensee in the eligible grocery store.

(2) In addition to the authorized actions described in subsection (1), a holder of a beer and cider grocery store licence that also holds a wine boutique sales agent endorsement is authorized to, in accordance with this Regulation, keep for sale, offer for sale or sell wine as an agent of another licensee that operates an offsite winery retail store inside the shopping area of the eligible grocery store.

Authorized actions for beer and wine grocery store licence

72. A beer and wine grocery store licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell beer or wine in an eligible grocery store operated by the licensee.

2.  Serve or offer to serve samples of beer or wine in the eligible grocery store that are eligible to be sold in that store.

3.  Permit individuals to possess or consume samples of beer or wine provided by the licensee in the eligible grocery store.

Authorized actions for offsite winery retail store licence

73. (1) An offsite winery retail store licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell wine manufactured by the licensee in a retail store that is not required to be located at the production site for the wine.

2.  Serve or offer to serve samples of wine in the offsite winery retail store that are eligible to be sold in that store.

3.  Permit individuals to possess or consume samples of wine provided by the licensee in the retail store. O. Reg. 746/21, s. 73 (1).

(2) In addition to the authorized actions described in subsection (1), a wine boutique endorsement authorizes the licensee to, in accordance with this Regulation,

(a)  keep for sale, offer for sale or sell wine described in subsection (3) at an offsite winery retail store located inside the shopping area of an eligible grocery store; and

(b)  for the purpose of offering samples, serve or offer to serve and permit individuals to possess and consume wine described in subsection (3) in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of an eligible grocery store. O. Reg. 746/21, s. 73 (2); O. Reg. 352/22, s. 4.

(3) The actions described in subsection (2) are permitted for VQA wine produced by a different licensee that does not have an offsite winery retail store licence or that has no more than two offsite winery retail store licences. O. Reg. 746/21, s. 73 (3).

Authorized actions for Brewers Retail Inc. licence

74. (1) The Brewers Retail Inc. licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell beer at wholesale and at retail stores approved by the Registrar.

2.  Serve or offer to serve samples of beer in the retail stores approved by the Registrar that are eligible to be sold in that store.

3.  Permit individuals to possess or consume samples of beer provided by the licensee in a retail store approved by the Registrar.

4.  Deliver beer that is sold in the retail stores approved by the Registrar for a fee.

(2) The permissions set out in subsection (1) also apply to the sale of beverages that contain,

(a)  beer; and

(b)  alcohol that,

(i)  was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and

(ii)  does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume.

Limitations on Issuance of Licences and Ineligibility Criteria

Limitation on issuance of offsite winery retail store licences

75. (1) No more than 292 offsite winery retail store licences may be in effect at any given time.

(2) No new offsite winery retail store licences may be issued after the day this subsection comes into force.

Limitation on eligibility for wine boutique sales agent endorsements

76. (1) A licensee is not eligible for a wine boutique sales agent endorsement unless the licensee has entered into a wine boutique agreement that meets the requirements of section 80 (Wine boutique agreement) with respect to an offsite winery retail store to be located in the shopping area of an eligible grocery store.

(2) A licensee is not eligible for a wine boutique sales agent endorsement if the issuance would cause the licensee to hold more than,

(a)  an overall maximum of 36 wine boutique sales agent endorsements that apply to eligible grocery stores in all geographic regions; and

(b)  within the maximum described in clause (a), a maximum of 23 wine boutique sales agent endorsements that apply to eligible grocery stores in the GTA region and 23 wine boutique sales agent endorsements that apply to eligible grocery stores outside of the GTA region.

Ineligibility criteria

77. (1) An applicant is not eligible for an offsite winery retail store licence unless they hold a winery licence.

(2) A licensee is not eligible for a wine boutique endorsement unless,

(a)  the licensee has at least three offsite winery retail store licences;

(b)  the licensee has entered into a wine boutique agreement that meets the requirements of section 80 (Wine boutique agreement) with respect to an offsite winery retail store to be located in the shopping area of the eligible grocery store; and

(c)  the operator of the eligible grocery store holds a beer and cider grocery store licence with a wine boutique sales agent endorsement for the eligible grocery store.

(3) A licensee is not eligible for a wine boutique endorsement if the issuance would cause the licensee to hold more than the maximum number of wine boutique endorsements permitted under the following rules:

1.  A licensee with at least 160 offsite winery retail store licences may hold no more than,

i.  an overall maximum of 38 wine boutique endorsements that apply to retail stores in all geographic regions, and

ii.  within the maximum described in subparagraph i, a maximum of 25 wine boutique endorsements that apply to retail stores in the GTA region and a maximum of 25 wine boutique endorsements that apply to retail stores outside of the GTA region.

2.  A licensee with at least 100 offsite winery retail store licences and fewer than 160 winery retail store licences may hold no more than,

i.  an overall maximum of 28 wine boutique endorsements that apply to retail stores in all geographic regions, and

ii.  within the maximum described in subparagraph i, a maximum of 18 wine boutique endorsements that apply to retail stores in the GTA region and a maximum of 18 wine boutique endorsements that apply to retail stores outside of the GTA region.

3.  A licensee with at least 10 offsite winery retail store licences and fewer than 100 winery retail store licences may hold no more than,

i.  an overall maximum of three wine boutique endorsements that apply to retail stores in all geographic regions, and

ii.  within the maximum described in subparagraph i, a maximum of two wine boutique endorsements that apply to retail stores in the GTA region and a maximum of two wine boutique endorsements that apply to retail stores outside of the GTA region.

4.  A licensee with fewer than 10 offsite winery retail store licences may hold a maximum of one wine boutique endorsement.

Limitation on issuance of beer and cider grocery store licences and beer and wine grocery store licences

78. (1) No more than 450 total beer and cider grocery store licences and beer and wine grocery store licences may be in effect at one time.

(2) The Registrar shall not issue a new beer and cider or beer and wine grocery store licence unless the applicant is a party to a supply agreement with the LCBO for beer and wine or beer and cider, respectively, in respect of the eligible grocery store to which the licence would apply.

(3) The Registrar shall not issue a beer and cider grocery store licence or a beer and wine grocery store licence if the eligible grocery store is located within five kilometres of an agency store.

Limitation on issuance of Brewers Retail Inc. licence

79. No more than one Brewers Retail Inc. licence may be in effect at any given time.

Wine Boutique Agreement

Wine boutique agreement

80. For the purposes of this Part, a wine boutique agreement is an agreement between the holder of an offsite winery retail store licence and the holder of a beer and cider grocery store licence that includes the following terms:

1.  The holder of the offsite winery retail store licence agrees to lease or license space in the shopping area of the eligible grocery store in which to operate its retail store.

2.  The holder of the beer and cider grocery store licence agrees to sell, as an agent of the winery, wine that is available for sale to the public in that space.

3.  The initial term of the lease or licence must be at least three years.

Licence Conditions

Licences to Operate a Retail Store

Application

81. It is a condition of every licence to operate a retail store that the licensee comply with section 82.

Availability of liquor

82. The licensee shall ensure that liquor is only available to customers between the hours of 7 a.m. and 11 p.m. on any day.

Beer and Wine Grocery Store Licences and Beer and Cider Grocery Store Licences

Application

83. It is a condition of every beer and cider grocery store licence and every beer and wine grocery store licence that the licensee complies with sections 84 to 90.

Financial relationships

84. (1) The licensee shall not offer a brand of beer or wine for sale at the eligible grocery store if the licensee or any of its affiliates has a direct or indirect financial interest in the brand or in a trademark under which the brand is marketed.

(2) The licensee shall not enter into an agreement with a beer or wine manufacturer that restricts the manufacturer’s ability to sell its beer or wine in other stores.

(3) The licensee shall not enter into an agreement with a beer or wine manufacturer that guarantees the provision of shelf space at the eligible grocery store or a product listing for the manufacturer’s beer or wine or that guarantees any merchandising, marketing or promotional opportunities.

(4) The licensee shall not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a beer or wine manufacturer or from a person acting on the manufacturer’s behalf, including,

(a)  a benefit for the provision of shelf space at the eligible grocery store;

(b)  a product listing for the manufacturer’s beer or wine, or;

(c)  any merchandising, marketing or promotional opportunity.

(5) Subsection (4) does not apply to collaboration between an eligible grocery store and the holder of a brewery licence or the Brewers Retail Inc. licence with respect to demand planning, forecasting and category management services provided that neither party is remunerated in respect of the services.

(6) If the licensee charges a fee to a manufacturer for providing warehousing or distribution services for beer or wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public.

Must continue to be eligible grocery store

85. The licensee shall ensure that the store continues to be an eligible grocery store within the meaning of this Regulation.

No unilateral termination of lease or license

86. A licensee with an eligible grocery store in which space for an offsite winery retail store is leased or licensed, other than for a wine boutique, shall not unilaterally terminate the lease or licence of the offsite winery retail store for any reason other than a default by the operator of the offsite winery retail store under the lease or licence.

Sales in eligible grocery stores

87. (1) The licensee must be a party to a supply agreement with the LCBO and must comply with the agreement.

(2) The licensee may not acquire beer or wine for sale in the store except from the LCBO in accordance with the supply agreement.

(3) The licensee may not sell or offer for sale the following:

1.  Beer with an alcohol content greater than 7.1 per cent by volume.

2.  A beverage containing a mixture of,

i.  beer, and

ii.  alcohol that,

A.  was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and

B.  increases the total alcohol content of the beer by more than 0.5 of one per cent by volume.

3.  Malt-based beverages.

4.  Wine, other than cider, with an alcohol content greater than 18 per cent by volume.

5.  Cream wine.

6.  Wine beverages.

7.  Wine to which an alcoholic distillate has been added.

8.  Cider with an alcohol content greater than 7.1 per cent by volume.

(4) Upon request, the LCBO shall give the licensee a list of beer or wine products that do not contravene subsection (3) and that it has made available for sales to eligible grocery stores.

(5) A licensee that sells beer must offer for sale a variety of brands of beer from manufacturers with a variety of annual production amounts of beer.

Conduct of sales in eligible grocery stores

88. (1) A licensee who holds a beer and wine grocery store licence must begin to offer both beer and wine for sale in the eligible grocery store in accordance with the licence within six months after receiving the licence, and must continue to offer beer and wine for sale in the eligible grocery store thereafter.

(2) A licensee who holds a beer and cider grocery store licence must begin to offer beer for sale in the eligible grocery store in accordance with the licence within six months after receiving the licence, and must continue to offer beer for sale in the eligible grocery store thereafter.

(3) The licensee shall ensure that all aspects of the sale of beer or wine, including ordering and payment, are conducted in person at the eligible grocery store.

(4) Despite subsection (3), a licensee may permit a customer to order and pay for beer or wine online through a website or application if the following conditions are met:

1.  The licensee must ensure that beer and wine are only made available for online purchase in a dedicated section of the website or application, and that no other products are made available for purchase in that section of the website or application.

2.  The licensee must ensure that any advertisements for beer or wine on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3.  The licensee must ensure that any beer or wine that is ordered or paid for online is supplied from the inventory of the eligible grocery store.

4.  The licensee must ensure that the beer or wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.

5.  The licensee must ensure that the beer or wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(5) The licensee shall ensure that beer and wine are offered for sale and sold in the eligible grocery store at the price stipulated by the LCBO.

(6) The licensee shall not do any of the following:

1.  Accept, as full or partial payment for liquor, any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards.

2.  Exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards, for cash that is applied to payment for liquor.

3.  Offer free or discounted merchandise contingent upon the purchase of liquor.

(7) Except as may be required on sales receipts and invoices for the purposes of the Excise Tax Act (Canada), the licensee shall display and advertise prices for beer and wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the licensee and the LCBO.

Product display

89. (1) The licensee must ensure that,

(a)  all beer and cider sold in the eligible grocery store outside of any wine boutique is displayed in a single contiguous product display area; and

(b)  all wine, excluding cider, is displayed in a single contiguous product display area. O. Reg. 746/21, s. 89 (1).

(2) Other products may be displayed within the contiguous product display areas if they are displayed by the licensee for the purpose of cross-promotion with the liquor, unless the products,

(a)  are energy drinks; or

(b)  promote the immoderate consumption of liquor. O. Reg. 746/21, s. 89 (2).

(3) The licensee shall ensure that at least 20 per cent of the containers of beer on display in the eligible grocery store are containers of beer produced by small breweries. O. Reg. 746/21, s. 89 (3).

(4) The licensee shall ensure that at least 20 per cent of the containers of cider on display in the eligible grocery store outside of any wine boutique are containers of cider produced by small cideries. O. Reg. 746/21, s. 89 (4).

(5) In the case of a beer and wine grocery store licence, the licensee shall ensure that at least 10 per cent of the containers of wine, excluding cider, on display in the eligible grocery store are containers of wine produced by small wineries. O. Reg. 746/21, s. 89 (5).

(6) If the licensee sells VQA wines in the eligible grocery store outside of any wine boutique, the display area must contain one or more signs indicating the availability of VQA wines for sale. O. Reg. 746/21, s. 89 (6).

(7) The licensee shall not sell containers of wine, excluding cider, in the eligible grocery store outside of any wine boutique that have a lower price than,

(a)  the amount specified in Column 2 of the Table to this subsection for the size of the container; or

(b)  in the case of wine that is sold in a container with a size that is not shown in Column 1 of the Table to this subsection, the amount determined in accordance with the following formula,

(A / B) × C

in which,

  “A”  is the price shown in the Table to this subsection for a container that is next smaller than the container that is not shown,

  “B”  is the size, in millilitres, of the container shown in the Table that is next smaller than the container that is not shown, and

  “C”  is the size, in millimetres, of the container that is not shown.

Table

Item

Column
Container size in millilitres

Column 2
Minimum retail price in dollars

1.

50 or less

0.85

2.

200

3.35

3.

250

4.10

4.

300

4.80

5.

375

5.90

6.

400

6.20

7.

500

7.60

8.

600

9.00

9.

720

10.65

10.

750

10.95

11.

1000

14.05

12.

1500

20.15

13.

2000

25.90

14.

2250

28.75

15.

3000

37.90

16.

4000

49.35

O. Reg. 746/21, s. 89 (7).

(8) If a minimum retail price for a container calculated under clause (7) (b) is higher than the minimum retail price in effect for the container size shown in the Table to subsection (7) that is next larger than the container size in respect of which the calculation is made, then despite subsection (7) the licensee may sell the wine for a price that is equal to or higher than the price for the container size shown in the Table that is next larger than the container size in respect of which the calculation is made. O. Reg. 746/21, s. 89 (8).

(9) In the case of a beer and wine grocery store licence, the licensee shall ensure that at least 10 per cent of the containers of liquor on display in the eligible grocery store are containers of beer, and that at least 10 per cent of the containers of liquor on display are containers of wine, excluding cider. O. Reg. 746/21, s. 89 (9).

(10) In the case of a beer and wine grocery store licence, the licensee shall ensure that at least 45 per cent of the containers of wine, excluding cider, on display in the eligible grocery store outside of any wine boutique are containers of wine that is produced using grapes from a single country and in respect of which at least one of the following criteria is satisfied:

Note: On July 1, 2023, subsection 89 (10) of the Regulation is amended by striking out “45 per cent” in the portion before paragraph 1 and substituting “40 per cent”. (See: O. Reg. 746/21, s. 167 (3))

1.  The wine is quality assurance wine.

2.  The wine was produced by a small winery.

3.  The country where the grapes were grown produces, in the aggregate, less than 150 million litres of wine annually from grapes grown in that country. O. Reg. 746/21, s. 89 (10), 167 (2).

(11) On request, the LCBO shall give the licensee a list of beer and wine that could satisfy the obligations set out in subsections (3), (4), (5) and (10) and that it has made available for sale to eligible grocery stores. O. Reg. 746/21, s. 89 (11).

Packaging

90. (1) The licensee shall not keep for sale, offer for sale or sell,

(a)  wine, excluding cider, in containers with a volume of more than 4 litres;

(b)  beer or cider in containers with a volume of more than 750 mL; or

(c)  beer in packages with more than six containers.

(2) The licensee shall not offer a discount or rebate in respect of the purchase of more than six containers of beer or cider.

Offsite Winery Retail Store Licences

Application

91. It is a condition of every offsite winery retail store licence that the licensee comply with sections 92 to 94.

Winery licence required

92. The licensee must comply with every condition on their winery licence.

Wine that can be sold

93. The licensee shall not sell wine under the licence unless,

(a)  the wine is manufactured in Ontario by the licensee;

(b)  the licensee carries out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine that the licensee sells each year; and

(c)  the licensee carries out at least one of the following steps, in full, with respect to the entire content of each container of wine the licensee sells under the licence:

(i)  primary fermentation,

(ii)  blending,

(iii)  barrel aging for at least three months,

(iv)  bulk aging for at least three months,

(v)  in the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable, or

(vi)  in the case of fortified wine, flavouring.

No operation within sales area of eligible grocery store without wine boutique endorsement

94. The licensee shall not operate an offsite winery retail store within the sales area of an eligible grocery store unless the licence has a wine boutique endorsement.

Wine Boutique Sales Agent Endorsements

Application

95. It is a condition of every beer and cider grocery store licence with a wine boutique sales agent endorsement that the licensee comply with sections 96 to 97.

Sale of wine

96. (1) The licensee shall ensure that,

(a)  all sales from any wine boutique in the eligible grocery store are conducted by the operator of the eligible grocery store acting as agent for the licensee that holds the applicable wine boutique endorsement; and

(b)  all aspects of the sale of the wine, including ordering and payment, are conducted in person at the eligible grocery store.

(2) Despite clause (1) (b), a licensee may permit a customer to order and pay for wine online through a website or application if the following conditions are met:

1.  The licensee must ensure that wine sold at the wine boutique is only made available for online purchase in a dedicated section of the website or application, and that no other products, including any liquor sold by the eligible grocery store, are available for purchase in that section of the website or application.

2.  The licensee must ensure that any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3.  The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique.

4.  The licensee must ensure that the wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.

5.  The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(3) The licensee shall not do any of the following things:

1.  Accept, as full or partial payment for wine, any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards.

2.  Exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards, for cash that is applied to payment for wine.

3.  Offer free or discounted merchandise contingent upon the purchase of wine.

(4) Except as may be required on sales receipts and invoices for the purposes of the Excise Tax Act (Canada), the licensee shall display and advertise prices for wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the licensee and the LCBO.

Wine boutique must be readily distinguishable

97. The licensee shall ensure that,

(a)  the space in which the wine boutique is located is readily distinguishable from the rest of the eligible grocery store; and

(b)  the name of the wine boutique is prominently displayed in the boutique and is distinct from the name of the eligible grocery store.

Wine Boutique Endorsements

Application

98. It is a condition of every offsite winery retail store licence with a wine boutique endorsement that the licensee comply with sections 99 to 104.

Sales in wine boutiques

99. (1) The licensee must be a party to a supply agreement with the LCBO and must comply with the agreement.

(2) The licensee may not acquire VQA wine produced by a different licensee for sale in the store except from the LCBO in accordance with the supply agreement.

(3) The licensee must begin to offer wine for sale in the boutique to the public under the endorsement within 12 months after being issued the endorsement and must continue to offer wine for sale in the boutique thereafter.

Conduct of sales in wine boutiques

100. (1) The licensee shall ensure that all aspects of the sale of wine, including ordering and payment, are conducted in person at the eligible grocery store at which the wine boutique is located.

(2) Despite subsection (1), a licensee may permit a customer to order and pay for wine online through a website or application if the following conditions are met:

1.  The licensee must ensure that wine sold at the wine boutique is only made available for online purchase in a dedicated section of the website or application, and that no other products, including any liquor sold by the eligible grocery store, are available for purchase in that section of the website or application.

2.  The licensee must ensure that any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in paragraph 1, and that no other products are advertised in that section of the website or application.

3.  The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique.

4.  The licensee must ensure that the wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.

5.  The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

(3) The licensee shall not do any of the following things:

1.  Accept, as full or partial payment for wine, any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards.

2.  Exchange, convert or redeem any benefits issued under a loyalty program or a rewards marketing program, including coupons, tickets, points or rewards, for cash that is applied to payment for wine.

3.  Offer free or discounted merchandise contingent upon the purchase of wine.

(4) Except as may be required on sales receipts and invoices for the purposes of the Excise Tax Act (Canada), the licensee shall display and advertise prices for wine that include all applicable taxes and container deposits, including container deposits payable under the terms of a supply agreement between the licensee and the LCBO.

Wines offered for sale

101. (1) The licensee must not offer for sale, or sell, any of the following wines:

1.  Wine, other than cider, with an alcohol content greater than 18 per cent by volume.

2.  Wine beverages.

3.  Cider with an alcohol content greater than 7.1 per cent by volume.

(2) The licensee must ensure that there is a variety of stock-keeping units of wine, excluding cider, offered for sale in the wine boutique, and shall meet at least one of the following requirements:

1.  At least 25 stock-keeping units of wine must be for wine manufactured by other wineries.

2.  At least one-half of the stock-keeping units of VQA wine must be for wine manufactured by other wineries.

(3) The licensee shall ensure that,

(a)  the wine offered for sale is displayed in a single contiguous product display area within the boutique;

(b)  any other products displayed in the contiguous product display area,

(i)  are products from the eligible grocery store that are displayed by the holder of the wine boutique sales agent endorsement for the purpose of cross-promotion with the wine,

(ii)  are not energy drinks, and

(iii)  do not promote the immoderate consumption of liquor.

(4) The licensee shall ensure that,

(a)  at least 50 per cent of the containers of wine on display in the wine boutique are containers of VQA wine; and

(b)  at least one-half of those containers are containers of wine manufactured by wineries other than the licensee.

(5) The licensee shall ensure that at least 5 per cent of the containers of wine on display in the wine boutique are containers of wine manufactured by a small winery.

(6) The licensee shall ensure that the product display area contains one or more signs indicating that VQA wines are available for sale.

(7) The licensee shall establish a policy describing measures that have the goal of ensuring that at least 25 per cent of the wine sold in any 12-month period in all wine boutiques operated by the licensee is VQA wine, and that at least 50 per cent of the VQA wine sold is manufactured by wineries other than the licensee.

(8) Subject to subsection (9), the licensee shall ensure that at least 20 per cent of the wine sold in any 12-month period in all wine boutiques operated by the licensee is VQA wine, and that at least 40 per cent of the VQA wine sold is manufactured by wineries other than the licensee.

(9) The licensee must ensure that at least 10 per cent of the wine sold in a wine boutique during its first 12 months of operation is VQA wine, and that at least 20 per cent of the VQA wine sold is manufactured by wineries other than the licensee.

(10) For the purposes of this section, the percentage of wine sold by a licensee is determined with reference to the licensee’s total sales receipts, net of container deposits and HST.

(11) On request, the LCBO shall give the licensee a list of wine products that could satisfy the obligations set out in subsections (4), (5), (7), (8) and (9) and that it has made available for sale to eligible grocery stores.

Financial relationships

102. (1) The licensee shall not enter into an agreement with a wine manufacturer that restricts the manufacturer’s ability to sell its wine in other stores.

(2) The licensee shall not enter into an agreement with a wine manufacturer that guarantees the provision of shelf space at the wine boutique or a product listing for the manufacturer’s wine or that guarantees any merchandising, marketing or promotional opportunities.

(3) The licensee shall not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a wine manufacturer or a person acting on the wine manufacturer’s behalf, including,

(a)  a benefit for the provision of shelf space at the wine boutique;

(b)  a product listing for the manufacturer’s wine; or

(c)  any merchandising, marketing or promotional opportunity.

(4) If the licensee charges a fee to a manufacturer for providing warehousing or distribution services for wine, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public.

Packaging

103. (1) The licensee shall not keep for sale, offer for sale or sell,

(a)  wine, other than cider, in containers with a volume of more than 4 litres; or

(b)  cider in containers with a volume of more than 750 mL.

(2) The licensee shall not offer a discount or rebate in respect of the purchase of more than six containers of cider.

Sales information re stock-keeping units

104. (1) The licensee must maintain weekly sales information identifying the stock-keeping units of wine sold in all wine boutiques operated by the licensee and must retain that information for at least three years.

(2) The licensee must make available to the Minister of Finance such sales and operational information related to a wine boutique as the Minister of Finance may request.

(3) A licensee that operates six or more wine boutiques shall provide information respecting the weekly sales of all VQA wine in the wine boutiques the licensee operates to a winery whose wine is sold in the licensee’s wine boutique upon request.

(4) The requesting winery is only entitled to information relating to weeks during which its wine is sold in the wine boutique.

(5) The licensee shall provide the information to the requesting winery within a reasonable time and shall identify the information by stock-keeping units attributed to each manufacturer whose VQA wine is sold in the boutique.

(6) The licensee shall not charge a fee for providing the information described in subsection (3) that exceeds the fee charged by the LCBO for the provision of similar information.

Brewers Retail Inc. Licence

Application

105. It is a condition of the Brewers Retail Inc. licence that the licensee comply with sections 106 to 108.

Stores and products

106. (1) The licensee shall only establish stores under the licence in a location approved by the Registrar.

(2) The licensee may sell beer only through its retail stores, at wholesale to holders of a licence to operate a liquor consumption premises, to the LCBO or to an agency store.

(3) Subject to subsection (4), the licensee may only sell the following liquor:

1.  Beer manufactured in Ontario by a holder of a brewery licence.

2.  Beer manufactured outside Ontario if,

i.  the beer is manufactured within Canada by a holder of a manufacturer’s licence to sell, and brought into Ontario in a manner authorized by the LCBO, or

ii.  the beer is purchased from the LCBO.

(4) The licensee may sell a beverage other than beer that meets all the other conditions under subsection (3) if the beverage contains,

(a)  beer; and

(b)  alcohol that,

(i)  was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and

(ii)  does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume.

(5) The licensee may not sell products other than liquor or non-alcoholic beer from its retail stores except as permitted by the Registrar.

(6) In subsection (5),

“non-alcoholic beer” means a beverage that is not liquor but that has the traditional aroma or taste commonly attributed to beer.

Distribution of liquor

107. (1) The licensee may distribute liquor to a person if the liquor was purchased from the LCBO or from a person licensed to sell it under the Act.

(2) The licensee may enter into an agreement or arrangement with another person to distribute the liquor referred to in subsection (1) on behalf of the licensee.

Required training

108. (1) The standards established under paragraph 5 of subsection 24 (1) of the Act do not apply to the licensee if the licensee ensures that every person involved in the sale of liquor completes training that addresses the responsible sale and service of liquor.

(2) On and after July 1, 2023, the exemption set out in subsection (1) applies only if the training required by that subsection has been reviewed by the Registrar.

(3) For greater certainty, the exemption set out in subsection (1) applies to a person who received training before the Registrar’s review so long as the Registrar subsequently reviewed the training.

(4) The Registrar shall establish a process to review and to provide comments on the training required by subsection (1).

(5) The licensee shall comply with the process established by the Registrar in subsection (4).

(6) For greater certainty, the process described in subsection (4) may be established before July 1, 2023.

Part V
Licences to Operate as a Wholesaler

No issuance of wholesaler licences

109. The Registrar shall not issue any licences to operate as a wholesaler.

Part VI
Licences to Deliver

Classes and Authorized Actions

Classes of licences to deliver

110. No classes of licence to deliver are prescribed.

Authorized actions for licence to deliver

111. A licence to deliver authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Deliver liquor for a fee.

2.  Take or solicit orders for the sale of liquor for delivery.

Licence Conditions

Application

112. It is a condition of every licence to deliver that the licensee comply with sections 113 to 114.

Purchase of liquor

113. (1) The licensee shall ensure that liquor that is delivered under the licence is purchased or obtained only from a retail store, the holder of a licence to sell liquor, the holder of a by-the-glass endorsement or the holder of an auction permit.

(2) If the licence is held, directly or indirectly, by the holder of a beer and wine grocery store licence or a beer and cider grocery store licence, the licensee shall ensure that,

(a)  liquor that is delivered under the licence is not purchased or obtained from the grocery store; and

(b)  beer that is delivered under the licence is not purchased or obtained in packages with more than six containers from a retail store operated by the LCBO unless that store is listed in Schedule 1.

(3) The licensee shall ensure that liquor is not purchased, nor possession of it taken, before an order for it is placed by a customer.

(4) The licensee shall not, directly or indirectly, request, demand or receive any material financial or other benefit from a manufacturer, an operator of a retail store or a person acting on behalf of such a manufacturer or operator.

(5) Subsection (4) does not apply to a benefit received by the licensee from the operator of a retail store, other than an eligible grocery store or a store located in an eligible grocery store, if,

(a)  the benefit is provided under an agreement between the licensee and the person who provided the benefit;

(b)  the agreement described in clause (a),

(i)  facilitates or promotes the purchase or delivery of liquor from a store operated by the person who provided the benefit,

(ii)  does not restrict either party to the agreement from entering into an agreement with another person that facilitates or promotes the purchase of liquor by a customer and its delivery to a customer, and

(iii)  does not restrict the person who provided the benefit from delivering or arranging for the delivery of their liquor from their retail stores; and

(c)  the licensee does not also hold, directly or indirectly, a beer and wine grocery store licence or a beer and cider grocery store licence.

(6) Subsection (4) does not apply to a benefit received by the licensee if the licensee is acting under an agreement with a manufacturer to deliver the manufacturer’s liquor for a charitable purpose.

Delivery of liquor under licence to deliver

114. (1) If the licensee is delivering liquor that was sold by the holder of a liquor sales licence or a by-the-glass endorsement, the licensee shall ensure that food is included with the purchase of the liquor and is delivered together with the liquor to the customer.

(2) For greater certainty, the conditions set out in this section apply in addition to the general conditions for the delivery of liquor set out in section 10 (General conditions for delivery of liquor).

Part VII
Licences to Operate a Ferment on Premises Facility

Classes and Authorized Actions

Classes of licences to operate a ferment on premises facility

115. No classes of licence to operate a ferment on premises facility are prescribed.

Authorized actions for licence to operate a ferment on premises facility

116. A licence to operate a ferment on premises facility authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Operate a ferment on premises facility specified in the licence.

2.  Serve or offer to serve beer or wine that was made by a customer to that customer for the purposes of providing samples.

3.  Permit individuals to possess or consume samples described in paragraph 2 on the licensed premises.

Licence Conditions

Application

117. It is a condition of every licence to operate a ferment on premises facility that the licensee comply with sections 118 to 122.

Interpretation

118. In sections 119 to 122,

“container” means a bottle, can, cask or any other receptacle into which beer or wine may be placed following completion of the brewing or fermentation process.

Ferment on premises requirements

119. (1) The licensee shall ensure that,

(a)  the licensee transfers to the customer ownership of any ingredients being purchased by the customer from the licensee to make the beer or wine;

(b)  the customer combines or mixes their beer wort, wine juice, wine juice concentrate or other juice or juice concentrate with such of the customer’s other ingredients as the customer wishes to add, except that the licensee,

(i)  may add finings or stabilizing agents to the customer’s other ingredients,

(ii)  may operate equipment to filter and add carbonation to the customer’s ingredients, and

(iii)  may rack the customer’s beer or wine;

(c)  the customer adds any yeast or enzymes required to begin the fermentation process to the beer wort, wine juice, wine juice concentrate or other raw material of beer or wine;

(d)  the customer places their beer or wine in containers;

(e)  the customer labels, corks, caps, shrink wraps or packages their beer or wine; and

(f)  the customer removes their beer or wine from the licensed premises immediately after it has been placed in containers.

(2) Except as provided in clause (1) (b), the licensee shall not carry out an operation mentioned in subsection (1) on behalf of a customer.

(3) If a customer needs assistance to carry out an operation that the customer is required to carry out under this section, the operation may be carried out in the customer’s presence by another person who is not the licensee or a person acting on the licensee’s behalf.

Ferment on premises restrictions

120. (1) The licensee shall not,

(a)  produce on the licensed premises beer or wine for sale or exchange;

(b)  keep for sale or exchange, offer for sale or exchange, sell or exchange beer or wine on the licensed premises, regardless of who the beer or wine belongs to or who made it;

(c)  give liquor to any person on the licensed premises;

(d)  permit on the licensed premises the exchange, sale or giving of beer or wine made by customers;

(e)  permit anyone to make beer or wine on the licensed premises other than,

(i)  a customer or a person designated by a customer who is not the licensee or a person acting on the licensee’s behalf, or

(ii)  the licensee or the licensee’s employees, if they are making beer or wine for their own purposes;

(f)  deliver a customer’s beer or wine, other than by carrying the customer’s beer or wine out of the licensed premises to a waiting vehicle;

(g)  store or permit the storage on the licensed premises of beer or wine that has been placed in containers;

(h)  remove or permit the removal of carboys being used in the making of beer or wine from the licensed premises, unless the location of the ferment on premises facility is moved and the licensee has first informed the Registrar; or

(i)  bring or permit to be brought onto the licensed premises liquor to be added to beer or wine or to ingredients for making beer or wine.

(2) Despite subsection (1), the licensee may serve a customer a sample of the customer’s beer or wine after fermentation, carbonation or filtration has occurred, if the sample is no larger than 170 millilitres and is consumed on the licensed premises.

Making of beer or wine

121. (1) Before a person begins to make beer or wine at the licensed premises, the licensee shall prepare and provide an invoice to the person containing any information required by any standards and requirements established by the Registrar under section 24 of the Act.

(2) For greater certainty, subsection (1) applies whether the person making the beer or wine is a customer or is the licensee or one of the licensee’s employees.

(3) The licensee shall ensure that each carboy used for the making of beer or wine on the licensed premises has a tag attached to it bearing the number of the invoice provided to the person whose ingredients have been placed in the carboy and, where applicable, the date on which enzymes or yeast were added to beer wort, wine juice, wine juice concentrate or other juice or juice concentrate in the carboy.

Limit on other businesses and sales

122. The licensee shall not operate or permit to be operated at the licensed premises any business other than the operation of a ferment on premises facility and the sale of items ancillary to such operation.

Part VIII
Licences to Represent a Manufacturer

Classes and Authorized Actions

Classes of licences to represent a manufacturer

123. No classes of licence to represent a manufacturer are prescribed.

Authorized actions for licence to represent a manufacturer

124. A licence to represent a manufacturer authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Directly or indirectly act as an agent or representative of a manufacturer in respect of the sale of liquor.

2.  Take or solicit orders for the sale of liquor manufactured by the manufacturer.

3.  Serve or offer to serve liquor,

i.  for the purpose of providing samples to the holder of a liquor sales licence or their employees at the premises to which the liquor sales licence applies,

ii.  in an eligible grocery store for the purpose of providing samples to customers of the eligible grocery store, or

iii.  in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of an eligible grocery store for the purpose of providing samples to the customers of the offsite winery retail store.

4.  Permit individuals to possess or consume samples described in paragraph 3.

5.  Deliver liquor for a fee to persons who have purchased liquor from a manufacturer or the LCBO. O. Reg. 746/21, s. 124; O. Reg. 352/22, s. 5.

Licence Conditions

Application

125. It is a condition of every licence to represent a manufacturer that the licensee comply with section 126.

Representation

126. The licensee shall ensure that,

(a)  the licensee does not take or solicit orders for the sale of liquor except at a premises or through a website, app or other similar online platform that is operated solely for the purpose of,

(i)  taking or soliciting orders for the sale of liquor, or

(ii)  taking or soliciting orders for the sale of liquor and selling items related to liquor;

(b)  the licensee notifies the Registrar of,

(i)  the address of any premises in which the licensee takes or solicits orders for the sale of liquor, within five business days after the opening of such premises, and

(ii)  any website, app or other similar online platform that the licensee uses to take or solicit orders for the sale of liquor, within five business days after the platform begins to be used;

(c)  the licensee uses a form of purchase order that complies with any standards and requirements established by the Registrar under section 24 of the Act to receive any orders for the sale of liquor by the manufacturer that the licensee represents;

(d)  the licensee,

(i)  remits all purchase orders to the LCBO, to the holder of an offsite winery retail store licence or to the holder of a brewery retail store endorsement, a distillery retail store endorsement or a winery retail store endorsement,

(ii)  does not accept liquor for delivery or distribution unless the order has been accepted by the LCBO or by a licensee referred to in subclause (i), as applicable, and

(iii)  ensures that a copy of the purchase order is attached to the liquor;

(e)  the licensee does not keep liquor except for the purpose of,

(i)  delivering it to the customer who ordered it in accordance with clause (d),

(ii)  distributing it to the holder of a licence to operate a liquor consumption premises who ordered it in accordance with clause (d),

(iii)  carrying out market research, or

(iv)  providing a sample of a product of the manufacturer on condition that the sample is provided in a sealed, unopened container; and

(f)  upon delivering or distributing liquor, the licensee shall provide the recipient with an invoice that shows the cost of the liquor and any fees charged by the licensee.

Part IX
Manufacturer’s licenceS to sell

Classes, Endorsements and Authorized Actions

Classes of manufacturer’s licences to sell

127. The following classes are established for a manufacturer’s licence to sell:

1.  Brewery licence.

2.  Distillery licence.

3.  Winery licence.

Manufacturer’s licence to sell endorsements

128. (1) The following are prescribed as endorsements on all classes of manufacturer’s licence to sell:

1.  By-the-glass endorsement.

1.1  Caterer’s endorsement.

2.  Temporary extension endorsement.

3.  Delivery endorsement. O. Reg. 746/21, s. 128 (1); O. Reg. 352/22, s. 6.

(2) The following are prescribed as endorsements on brewery licences:

1.  Brewery retail store endorsement. O. Reg. 746/21, s. 128 (2).

(3) The following are prescribed as endorsements on distillery licences:

1.  Distillery retail store endorsement. O. Reg. 746/21, s. 128 (3).

(4) The following are prescribed as endorsements on winery licences:

1.  Winery retail store endorsement. O. Reg. 746/21, s. 128 (4).

(5) A winery retail store endorsement may be in one or more of the following subclasses:

1.  Grape winery retail store.

2.  Fruit winery retail store.

3.  Maple winery retail store.

4.  Honey winery retail store.

5.  Sake retail store. O. Reg. 746/21, s. 128 (5).

Eligibility for endorsements

129. (1) In order to be eligible for a brewery retail store endorsement, a distillery retail store endorsement or a winery retail store endorsement, the licensee must exercise substantial ownership and control over the production site on which the retail store is located and, where the production site is owned and controlled by more than one holder of a manufacturer’s licence to sell, the applicant must demonstrate its substantial ownership and control over the production site in the manner specified by the Registrar. O. Reg. 746/21, s. 129 (1).

(2) The Registrar may only grant a by-the-glass endorsement if,

(a)  the Registrar is of the opinion that the sale of liquor will be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose; and

(b)  where the production site is located in a municipality, the council of the municipality has passed a resolution in support of the endorsement. O. Reg. 746/21, s. 129 (2).

(2.1) The Registrar may only grant a caterer’s endorsement if,

(a)  the licensee holds a by-the-glass endorsement; and

(b)  the Registrar is of the opinion that the sale and service of liquor will be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose. O. Reg. 352/22, s. 7.

(2.2) A caterer’s endorsement is immediately revoked if the licensee ceases to hold a by-the-glass endorsement. O. Reg. 352/22, s. 7.

(3) The Registrar shall not grant more than two brewery retail store endorsements to the holder of a brewery licence. O. Reg. 746/21, s. 129 (3).

(4) A licensee is eligible for a winery retail store endorsement in a particular subclass if the licensee satisfies the criteria established by the Registrar for that subclass. O. Reg. 746/21, s. 129 (4).

Proposal to refuse endorsement

129.1 The by-the-glass class of endorsement is prescribed for the purposes of subsection 3 (3.1) of the Act. O. Reg. 352/22, s. 8.

Authorized actions for manufacturer’s licence to sell

130. (1) A brewery licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell beer.

2.  Keep for sale, offer for sale or sell liquor that is not beer, wine or spirits to the LCBO.

3.  Serve or offer to serve liquor,

i.  for the purpose of providing samples to the holder of a liquor sales licence or their employees at the premises to which the liquor sales licence applies, or

ii.  in an eligible grocery store for the purpose of providing samples to customers of the eligible grocery store. O. Reg. 746/21, s. 130 (1).

(2) A distillery licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell spirits.

2.  Keep for sale, offer for sale or sell liquor that is not beer, wine or spirits to the LCBO.

3.  Serve or offer to serve liquor to the holder of a liquor sales licence or their employees at the premises to which the liquor sales licence applies for the purpose of providing samples. O. Reg. 746/21, s. 130 (2).

(3) A winery licence authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell wine.

2.  Keep for sale, offer for sale or sell liquor that is not beer, wine or spirits to the LCBO.

3.  Serve or offer to serve liquor,

i.  for the purpose of providing samples to the holder of a liquor sales licence or their employees at the premises to which the liquor sales licence applies,

ii.  in an eligible grocery store for the purpose of providing samples to customers of the eligible grocery store, or

iii.  in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of an eligible grocery store for the purpose of providing samples to the customers of the offsite winery retail store. O. Reg. 746/21, s. 130 (3); O. Reg. 352/22, s. 9 (1).

(4) A brewery retail store endorsement authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell its beer at any location on the licensee’s production site from a retail store on the production site.

2.  Serve or offer to serve, in the retail store, beer that is eligible to be sold in that retail store for the purpose of providing samples.

3.  Permit individuals to possess or consume samples of beer served by the licensee in the retail store. O. Reg. 746/21, s. 130 (4).

(5) A distillery retail store endorsement authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell its spirits at any location on the licensee’s production site from a retail store on the production site.

2.  Serve or offer to serve, in the retail store, spirits that are eligible to be sold in that retail store for the purpose of providing samples.

3.  Permit individuals to possess or consume samples of spirits served by the licensee in the retail store. O. Reg. 746/21, s. 130 (5).

(6) A winery retail store endorsement authorizes the licensee to perform the following actions in accordance with this Regulation:

1.  Keep for sale, offer for sale or sell the wine that the Registrar authorizes the licensee to sell under the endorsement at any location on the licensee’s production site from a retail store on the production site.

2.  Serve or offer to serve, in the retail store, wine that the Registrar authorizes the licensee to sell under the endorsement for the purpose of providing samples.

3.  Permit individuals to possess or consume samples of wine served by the licensee that the Registrar authorizes the licensee to sell under the endorsement in the retail store. O. Reg. 746/21, s. 130 (6).

(7) A by-the-glass endorsement authorizes the licensee to perform actions that would be authorized by a liquor sales licence,

(a)  in relation to liquor the licensee is authorized to sell under the licence; and

(b)  in areas that are under the sole control of the licensee and that are located on or immediately adjacent to one of the licensee’s production sites. O. Reg. 746/21, s. 130 (7).

(7.1) A caterer’s endorsement authorizes the licensee to perform the actions authorized under subsection (7), other than the delivery of liquor for a fee, at premises other than the licensed premises. O. Reg. 352/22, s. 9 (2).

(8) A temporary extension endorsement authorizes a licensee who has a brewery retail store endorsement, distillery retail store endorsement or winery retail store endorsement to perform the following actions:

1.  Operate an occasional extension of the licensee’s brewery retail store, distillery retail store or winery retail store within a farmers’ market or within premises for which a permit has been issued for an industry promotional event.

2.  Serve or offer to serve, at the temporary extension of the retail store, beer, wine or spirits eligible to be sold under the endorsement for the purpose of providing samples. O. Reg. 746/21, s. 130 (8).

(9) A delivery endorsement authorizes the licensee to deliver liquor from another licensee’s brewery retail store, distillery retail store or winery retail store in accordance with this Regulation. O. Reg. 746/21, s. 130 (9).

Licence Conditions

Manufacturer’s Licences to Sell

Application

131. It is a condition of every manufacturer’s licence to sell that the licensee comply with sections 132 to 141.

Material financial or other benefit

132. (1) The licensee shall not directly or indirectly offer or give a material financial or other benefit to a holder of a licence or permit under the Act, or to a person acting on behalf of that licence or permit holder, for the purpose of increasing the sale or availability of a brand of liquor.

(2) The licensee shall not directly or indirectly offer to pay or pay any commission, profit or remuneration or make any gift to a member of the Board, an employee of the Alcohol and Gaming Commission of Ontario or to a member or employee of the Tribunal.

(3) Subsection (1) does not apply to a benefit offered or given by the licensee to the holder of a licence to deliver when acting in accordance with an agreement between them that is described in subsection 113 (5) (Purchase of liquor) if,

(a)  the benefit is intended to facilitate or promote,

(i)  the purchase of liquor from a retail store operated under an offsite winery retail store licence, a brewery retail store endorsement, a winery retail store endorsement or a distillery retail store endorsement, or

(ii)  the delivery of liquor from a retail store described in subclause (i) by the holder of the licence to deliver; and

(b)  the licensee does not also hold, directly or indirectly, a beer and wine grocery store licence or a beer and cider grocery store licence.

(4) Subsection (3) does not apply to collaboration between an eligible grocery store and the holder of a brewery licence or the Brewers Retail Inc. licence with respect to demand planning, forecasting and category management services provided that neither party is remunerated in respect of the services.

Supply of liquor without remuneration

133. (1) The licensee shall not supply liquor to any person in Ontario without receiving remuneration, except in the following circumstances:

1.  If the licensee is acting under the authority of a permit.

2.  If the purpose of the supply of liquor is to have the person sample a brand or product or to carry out market research. In such cases, the licensee shall ensure that the sampling and research are conducted in accordance with the standards and requirements on sampling and market research established by the Registrar under section 24 of the Act.

3.  If the recipient of the liquor is,

i.  the licensee’s employee,

ii.  a person authorized to conduct and manage a lottery scheme in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) where the liquor is a prize to be awarded at the event, or

iii.  the holder of a permit authorizing the sale, service or consumption of liquor at a fundraising event for the advancement of charitable, educational, religious or community objects conducted by,

A.  a charitable organization that is registered under the Income Tax Act (Canada),

B.  a non-profit association or organization for the advancement of charitable, educational, religious or community objects, or

C.  the holder of an auction permit.

4.  If the liquor is supplied in an indoor place at the licensee’s head office or production site,

i.  to which the public is not ordinarily invited or permitted access,

ii.  that is not available for rental by members of the public for occasional use, and

iii.  to which the public is not invited or permitted access at the time the liquor is given.

(2) If the licensee manufactures Ontario wine, the licensee may, after giving notice to the Registrar of the specific location at which the Ontario wine is to be given, supply Ontario wine without receiving remuneration to a person at an outdoor place to which the public is not ordinarily invited or permitted access at the licensee’s head office or production site,

(a)  that is not available for rental by members of the public for occasional use; and

(b)  to which the public is not invited or permitted access at the time the Ontario wine is given.

(3) A licensee may only supply liquor without receiving remuneration to the persons mentioned in subparagraphs 3 ii and iii of subsection (1).

(4) A licensee shall provide to the LCBO such samples of the licensee’s products as are required by the LCBO.

Employees who take or solicit orders for sales

134. The licensee shall ensure that any of its employees who take or solicit orders for the sale of the liquor manufactured by the licensee comply with the rules set out in section 126 (Representation).

Labels

135. (1) In this section,

“spirits term” means the words “brandy”, “cognac”, “gin”, “grappa”, “liqueur”, “marc”, “mescal”, “pisco”, “pomace”, “rhum”, “rum”, “tequila”, “vodka”, “whisky” or any variation of those words that has the same meaning.

(2) A holder of a brewery licence shall affix a label to each container showing the nature of the contents, the name of the licensee and the place where the beer was brewed.

(3) For the purpose of subsection (2), the nature of the contents of the container must be designated by the words “beer”, “bière”, “ale”, “stout”, “porter” or “lager”.

(4) A holder of a brewery licence or a winery licence shall not use a spirits term on labels, packaging or containers of beer or wine sold or kept for sale in Ontario or in any advertising material for such liquor.

(5) Despite subsection (4), a holder of a brewery licence or a winery licence may,

(a)  include a factual statement describing the aging of beer or wine in a spirits barrel on a label, container, package, or in advertising material, if such aging has taken place; or

(b)  use a spirits term on labels, packaging or containers of liquor kept for sale or sold in Ontario or in any advertising material for such liquor if the licensee satisfies the Registrar that the use of the term,

(i)  is necessary to provide full and accurate information to the public about the character or attributes of the liquor,

(ii)  would not contravene any requirement or restriction in the laws of Ontario or the laws of Canada applicable to Ontario or any international trade agreement to which Canada is a signatory, and

(iii)  is not contrary to the public interest.

Sale of beer under brewery licence

136. (1) Subject to subsection (2), the holder of a brewery licence shall not sell beer in Ontario unless the sale is,

(a)  to the LCBO or to the holder of the Brewers Retail Inc. licence;

(b)  a retail sale to the public through retail stores operated by the holder of the Brewers Retail Inc. licence;

(c)  made to holders of a licence to operate a liquor consumption premises through the holder of the Brewers Retail Inc. licence or in accordance with subsection (3);

(d)  to the public under an endorsement to the licence; or

(e)  for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling).

(2) A licensee may sell a beverage other than beer in accordance with the conditions set out in clause (1) (a), (b) or (c) if the beverage contains,

(a)  beer; and

(b)  alcohol that,

(i)  was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and

(ii)  does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume.

(3) The licensee may sell beer directly to holders of a liquor sales licence.

(4) A licensee that produces more than 150,000 hectolitres of beer in a production year may not sell more than 150,000 hectolitres of beer in a production year under subsection (3).

Sale of spirits under distillery licence

137. The holder of a distillery licence shall not sell spirits in Ontario unless the sale is,

(a)  to the LCBO;

(b)  to the public under an endorsement to the licence; or

(c)  a sale for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling).

Sale of wine under winery licence

138. (1) The holder of a winery licence shall not sell wine in Ontario unless the sale is,

(a)  to the LCBO;

(b)  to the public under an endorsement to the licence or under an offsite winery retail store licence; or

(c)  a sale for the purpose of sampling that is made in accordance with section 139 (Sale for purpose of sampling).

(2) The licensee shall not sell wine in Ontario unless the wine meets any of the following conditions:

1.  The wine is Ontario wine.

2.  The wine is produced by the complete or partial alcoholic fermentation of fresh grapes, or of products derived solely from fresh grapes, or both, and the wine meets the following conditions:

i.  The wine is manufactured in Ontario from a mixture of imported grapes or grape product and Ontario grapes or grape product.

ii.  The wine is made from not less than 25 per cent of grapes grown in Ontario or grape product produced from such grapes to which no water has been added at any time.

iii.  If water is added to the grapes or grape product from which the balance of the wine is derived, the volume of the balance of the wine as measured on November 30 in the winemaking year in which the wine is manufactured must not exceed 902 litres per one tonne of grapes.

iv.  No labrusca grapes or grape product derived from such grapes must be used in the manufacture of the wine, unless the wine has an alcohol content of more than 6.5 per cent but less than 8.5 per cent by volume or is fortified wine.

3.  The wine is sake and the full sake-making process occurs in Ontario, including all of the following steps:

i.  Rice milling.

ii.  Rice washing.

iii.  Rice steeping.

iv.  Rice steaming.

v.  Koji making.

vi.  Fermentation.

vii.  Filtration.

viii.  Pasteurization.

(3) The licensee shall not sell wine in Ontario to which distillate of cereal grains has been added unless the distillate is made from cereal grains grown in Ontario and the wine has an alcohol content of at least 14 per cent alcohol by volume.

(4) If wine sold by the licensee in Ontario has an alcohol content of more than 7 per cent but less than 14 per cent by volume and is manufactured in any part from labrusca grapes, the label on each container of the wine shall indicate that the wine contains native North American variety grapes.

Sale for purpose of sampling

139. The licensee may offer for sale or sell liquor to a person if,

(a)  the purpose of the sale is to have the person sample a brand or product of the licensee at a retail store; and

(b)  the price at which a sample of the liquor is sold remains proportionately below the retail price of that liquor in retail stores.

Distribution

140. (1) Subject to subsection (3), a licensee may distribute its liquor or the liquor of another manufacturer to a person if the liquor was purchased from the LCBO or a person authorized to sell the liquor under the Act.

(2) A licensee may enter into an agreement or arrangement with another person to distribute the liquor under subsection (1) on behalf of the licensee.

(3) Before January 1, 2026, beer may be distributed in accordance with this section only if the conditions set out in section 141 (Distribution of beer) are met.

Distribution of beer

141. (1) In this section,

“eligible brewer” means the holder of a brewery licence whose worldwide production as defined in subsection 4 (2) was less than 150,000 hectolitres in 2015 or in any subsequent year, and who has not subsequently become affiliated with the holder of a brewery licence whose worldwide production was greater than 150,000 hectolitres in 2015 and in every subsequent year; (“brasseur admissible”)

“pooled distribution” means the distribution of liquor that has been manufactured by two or more manufacturers that are not affiliated in a single shipment; (“distribution en commun”)

“third-party service provider” means a person that,

(a)  distributes liquor on behalf of a licensee,

(b)  was authorized by the LCBO as a third-party distributor immediately before the day subsection 2 (1) of the Act comes into force, and

(c)  is not licensed under the Act. (“tiers fournisseur de services”)

(2) Subject to subsections (3) and (4), the holder of a brewery licence may distribute its own beer or beer manufactured by its affiliates, or use a third-party service provider to do so.

(3) The holder of a brewery licence may use a third-party service provider to distribute its beer only if one of the following conditions is met:

1.  The third-party service provider does not distribute any products other than liquor manufactured by the holder of the brewery licence or its affiliates as part of the shipment in which the beer is distributed.

2.  The third-party service provider is making a pooled distribution, and does not distribute any products other than beer manufactured by eligible brewers as part of the shipment in which the beer is distributed.

(4) If the holder of a brewery licence is not an eligible brewer, the licensee shall not distribute more than 150,000 hectolitres of its beer to holders of a liquor sales licence in a production year, regardless of whether the beer is distributed by the licensee, an affiliate or a third-party service provider.

(5) If the holder of a brewery licence is an eligible brewer, the licensee,

(a)  may distribute beer manufactured by another eligible brewer in a pooled distribution; and

(b)  shall not distribute beer manufactured by a holder of a brewery licence that is not an eligible brewer in a pooled distribution.

(6) The holder of a winery licence or the holder of a distillery licence described in subsection (7) may distribute beer only if it is manufactured by an eligible brewer and is not included in a pooled distribution.

(7) Subsection (6) applies with respect to a holder of a distillery licence only if their worldwide production of the following is not, in total, greater than 900,000 litres in the production year immediately preceding the current production year:

1.  All spirits manufactured in the year by the holder of the distillery licence, including spirits manufactured under contract for another distiller.

2.  All spirits manufactured by an affiliate of the holder of the distillery licence, including spirits manufactured by the affiliate under contract for another distiller.

3.  All spirits manufactured by another manufacturer under contract for the holder of the distillery licence or for any of its affiliates.

Brewery Retail Store Endorsements, Distillery Retail Store Endorsements and Winery Retail Store Endorsements

Application

142. It is a condition of every brewery retail store endorsement, distillery retail store endorsement and winery retail store endorsement that the licensee comply with sections 143 to 144.

Availability of liquor

143. The licensee shall ensure that liquor is only available to customers between the hours of 7 a.m. and 11 p.m. on any day.

Sale of liquor under retail store endorsements

144. (1) The holder of a brewery licence shall not sell beer under a brewery retail store endorsement unless the following criteria are satisfied:

1.  If the licensee has only one brewery retail store endorsement, the full brewing process must take place at the production site where the retail store is located, including mashing, lautering, boiling, hop separation, fermentation and packaging.

2.  If the licensee has two brewery retail store endorsements,

i.  the full brewing process for at least 50 per cent of the beer sold at each retail store must take place at the production site where the retail store is located, and

ii.  the full brewing process for any remaining beer sold at the retail store must take place at the production site where the other retail store is located.

(2) The holder of a distillery licence shall not sell spirits under a distillery retail store endorsement unless the following criteria are satisfied:

1.  At least 25 per cent of the volume of spirits sold each year must be manufactured, from start to finish, at the production site where the distillery retail store is located.

2.  At least 50 per cent of the volume of spirits sold each year must be manufactured, from start to finish, at a production site where one of the licensee’s distillery retail stores is located.

3.  The remaining volume of spirits sold each year must be distilled, blended, aged or bottled at a production site where one of the licensee’s distillery retail stores is located.

4.  The spirits must be brands that are owned by the licensee.

(3) The holder of a winery licence shall not sell wine under a winery retail store endorsement unless the following criteria are satisfied:

1.  The Registrar must have specified that the type of wine can be sold under the endorsement or under the applicable endorsement subclass.

2.  The licensee must carry out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine sold by the licensee.

3.  The wine sold at the retail store, excluding sake, must meet the following conditions:

i.  The licensee must carry out the full primary fermentation process at the production site with respect to at least 25 per cent of the total volume of wine sold at the retail store, which requires,

A.  all aspects of the process to occur at the production site, and

B.  the relevant fermentation vessels to at all times be physically present at the production site.

ii.  The licensee must carry out at least one of the following steps, in full, at a production site where one of the licensee’s winery retail stores is located with respect to the entire content of each container of wine the licensee sells at its winery retail stores:

A.  Primary fermentation.

B.  Blending.

C.  Barrel aging for at least three months.

D.  Bulk aging for at least three months.

E.  In the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable.

F.  In the case of fortified wine, flavouring.

4.  In the case of sake, the licensee must,

i.  perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at the production site where the retail store is located for at least 25 per cent of the total volume of sake sold at the store, and

ii.  perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at a production site where one of the licensee’s winery retail stores is located for the remaining volume of sake sold at the store.

(4) If two or more brewery retail stores, winery retail stores or distillery retail stores are located on the same production site,

(a)  the licensee for each store must own and operate their respective store which must be readily distinguishable from any other retail store located at the production site; and

(b)  sales from more than one store may not be conducted in the same location.

(5) Despite subsection (3), a winery retail store may sell wine if it is sold as part of an approved souvenir or gift package, as described in subsection (6).

(6) An approved souvenir or gift package means a souvenir or gift package that is approved by the Registrar, and may include Ontario wine manufactured by other manufacturers of Ontario wine in addition to wine manufactured by the licensee.

(7) The licensee may not sell products from the retail store other than liquor permitted to be sold under this section except as permitted by the Registrar.

By-the-Glass Endorsements

Application

145. It is a condition of every manufacturer’s licence to sell with a by-the-glass endorsement that the licensee comply with sections 146 to 148.

Compliance with other conditions

146. (1) Subject to subsections (2) to (5), the licensee shall comply with all of the conditions in Part III (Licences to Operate a Liquor Consumption Premises) that apply to liquor sales licences, including the conditions that apply to all licences to operate a liquor consumption premises. O. Reg. 746/21, s. 146 (1).

(2) Subsection 22 (1) (No benefits from manufacturers) does not apply to the licensee. O. Reg. 746/21, s. 146 (2).

(3) Section 31 (Hours of sale and service) does not apply to the licensee, and instead section 147 applies. O. Reg. 746/21, s. 146 (3).

(4) Revoked: O. Reg. 352/22, s. 10.

(5) Section 36 (Variety of liquor products and brands) does not apply to the licensee. O. Reg. 746/21, s. 146 (5).

By-the-glass hours of sale and service

147. The licensee may only sell or serve liquor under the authority of the by-the-glass endorsement between the hours of 9 a.m. and midnight.

By-the-glass prohibitions on sale, storage, etc.

148. The licensee may not keep for sale, sell or serve liquor unless the liquor was,

(a)  manufactured by the licensee; or

(b)  transferred to the licensed premises from a tied house that is operated under a liquor sales licence held by the licensee in accordance with the conditions set out in subsection 35 (3) (Prohibitions on sale, storage, etc.).

Caterer’s Endorsements

Compliance with other conditions

148.1 It is a condition of every manufacturer’s licence to sell with a caterer’s endorsement that the licensee comply with,

(a)  sections 60 to 63, other than subsection 61 (4), with necessary modifications; and

(b)  sections 146 to 148, with necessary modifications. O. Reg. 352/22, s. 11.

Temporary Extension Endorsements

Application

149. It is a condition of every manufacturer’s licence to sell with a temporary extension endorsement that the licensee comply with section 150 in respect of sales at,

(a)  a farmers’ market; or

(b)  premises for which a permit has been issued for an industry promotional event.

Operation of temporary extension at farmers’ market or promotional event

150. (1) The licensee may operate a temporary extension of their retail store at a farmers’ market or industry promotional event and shall comply with all of the conditions and requirements that apply to the retail store in operating the temporary extension.

(2) The temporary extension is deemed to be part of the licensee’s retail store for the purposes of complying with any of the conditions and requirements set out in this Part.

(3) The licensee shall not sell liquor at a farmers’ market or industry promotional event if the municipality, if any, in which the farmers’ market or industry promotional event is located has advised the Registrar in writing that it objects to the sale of liquor at the farmers’ market or industry promotional event.

(4) The Registrar shall advise licensees of any objection by a municipality made under subsection (3).

(5) The licensee shall provide the Registrar with advance notice of the location and intended dates for the sale of liquor at the farmers’ market or industry promotional event, as required by the Registrar.

(6) The licensee shall only conduct sales during the hours of the farmers’ market or industry promotional event.

(7) The licensee shall offer liquor for sale at a particular farmers’ market for no more than three days in any given week.

(8) The licensee shall offer liquor for sale at a particular industry promotional event for no more than 10 consecutive days.

(9) The licensee may only sell the following:

1.  In the case of an extension of a winery retail store, Ontario wine, except for Ontario wine that is produced using any combination of the concentrated juice of apples that were not all grown in Ontario.

2.  In the case of an extension of a distillery retail store, spirits, if at least 50 per cent of the volume of spirits in the container holding them is made, from start to finish, at a production site in Ontario.

3.  In the case of an extension of a brewery retail store, beer, if the full brewing process takes place at the production site in Ontario.

(10) The licensee shall ensure that liquor offered for sale at the farmers’ market or industry promotional event that is not sold is returned to the licensee’s retail store within 72 hours from the time the farmers’ market closes or the industry promotional event ends.

(11) If the Registrar determines that all or a substantial number of the products sold or offered for sale at a farmers’ market are liquor,

(a)  the Registrar shall notify any licensees who operate at the farmers’ market of the determination; and

(b)  on receipt of the Registrar’s notice, the licensees are no longer authorized to operate at the farmers’ market until the Registrar rescinds their determination.

Delivery Endorsements

Application

151. It is a condition of every manufacturer’s licence to sell with a delivery endorsement that the licensee comply with section 152.

Compliance with conditions on licences to deliver

152. The licensee shall comply with all of the conditions in Part VI (Licences to Deliver) that apply to licences to deliver.

Part X
physical extensions of Licensed Premises

Temporary physical extensions of licensed premises

153. (1) The Registrar may, subject to subsection (4), approve a temporary physical extension that is adjacent to premises to which a liquor sales licence applies for the period specified by the Registrar. O. Reg. 746/21, s. 153 (1); O. Reg. 352/22, s. 12 (1).

(2) The Registrar may approve a temporary physical extension that is on or immediately adjacent to premises to which a by-the-glass endorsement applies for the period specified by the Registrar. O. Reg. 746/21, s. 153 (2).

(3) An extension made under subsection (1) or (2) is part of the licensed premises for the period specified by the Registrar. O. Reg. 746/21, s. 153 (3).

(4) In the case of a licensed premises that is a boat, the Registrar may only approve as a temporary physical extension of the boat,

(a)  a dock to which the boat is attached, if,

(i)  the dock is secured or affixed to land, and

(ii)  access to the water surrounding the dock is prevented by a physical barrier; and

(b)  a specified portion of the land to which the dock is secured or affixed, if access to any water bordering the specified portion of land is prevented by a physical barrier. O. Reg. 746/21, s. 153 (4).

Note: On January 1, 2023, the day section 1 of Schedule 11 to the Supporting People and Businesses Act, 2021 comes into force, section 153 of the Regulation is revoked and the following substituted: (See: O. Reg. 352/22, s. 12 (2))

Temporary indoor physical extensions

153. (1) The Registrar may approve a temporary indoor physical extension that is adjacent to premises to which a liquor sales licence applies for the period specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(2) The Registrar may approve a temporary indoor physical extension that is immediately adjacent to premises to which a by-the-glass endorsement applies for the period specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(3) Despite subsections (1) and (2) and sections 153.1 to 153.5, this section, as it read immediately before the day that subsection 12 (2) of Ontario Regulation 352/22 made under the Act came into force, applies with respect to temporary physical extensions of licensed premises instead of those provisions until 3 a.m. on that day. O. Reg. 352/22, s. 12 (2).

Note: On January 2, 2023, the day that is one day after the day section 1 of Schedule 11 to the Supporting People and Businesses Act, 2021 comes into force, subsection 153 (3) of the Regulation is revoked. (See: O. Reg. 352/22, s. 12 (3))

Temporary outdoor physical extensions, municipal

153.1 (1) A municipality may, if the requirements in subsection (3) are met, approve a temporary outdoor physical extension of a premises which is located in the municipality and to which a liquor sales licence applies,

(a)  that is adjacent to the premises; or

(b)  in the case of a premises that is a boat, that consists of,

(i)  a specified portion of a dock to which the boat is attached that is secured or affixed to land, and

(ii)  a specified portion of the land to which the dock is secured or affixed. O. Reg. 352/22, s. 12 (2).

(2) A municipality may, if the requirements in subsection (3) are met, approve a temporary outdoor physical extension of a premises which is located in the municipality and to which a by-the-glass endorsement applies that is immediately adjacent to the premises. O. Reg. 352/22, s. 12 (2).

(3) The following requirements are specified for the purposes of subsections (1) and (2):

1.  The municipality has provided for licensees to apply for or otherwise obtain an approval of a temporary outdoor physical extension in the municipality.

2.  The licensee is able to demonstrate sufficient control over the area to which the extension would apply.

3.  There is no condition on the licence prohibiting a patio.

4.  The capacity of the area to which the extension would apply allows for at least 1.11 square metres per person.

5.  The licensed premises would not be subject to a temporary outdoor physical extension for more than a total of eight months in a calendar year.

6.  In the case of a premises that is a boat,

i.  the portion of the dock to which the extension would apply is surrounded by a physical barrier to prevent access to water, and

ii.  access to any water bordering the portion of land to which the extension would apply is prevented by a physical barrier. O. Reg. 352/22, s. 12 (2).

(4) The municipality shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

(5) An approval may be granted under subsection (1) or (2) with respect to one or more calendar years, as specified by the municipality. O. Reg. 352/22, s. 12 (2).

(6) The municipality may, at the time of approval or at any time during the period of an approved temporary outdoor physical extension, specify conditions to which the approval is subject. O. Reg. 352/22, s. 12 (2).

(7) In the event of a conflict between a condition on the licence and a condition specified under subsection (6), the condition on the licence prevails to the extent of the conflict. O. Reg. 352/22, s. 12 (2).

(8) The municipality may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2).

(9) A licensee who obtains approval for a temporary outdoor physical extension under this section shall notify the Registrar in accordance with the following requirements:

1.  Before selling or serving liquor on the extension, the licensee shall notify the Registrar of the approval, any conditions to which the approval is subject under subsection (6) and the duration of the approved temporary outdoor physical extension.

2.  A licensee whose approval is suspended or withdrawn shall immediately notify the Registrar of the suspension or withdrawal.

3.  A licensee whose approval becomes subject to a condition under subsection (6) after the time of the approval shall immediately notify the Registrar of the imposition of the condition.

4.  A notification under this subsection shall be given in the form and manner specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(10) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection (3) continue to be met for the duration of the approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

Temporary outdoor physical extensions, on reserve by Registrar

153.2 (1) In this section and in section 153.3,

“council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

“Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”)

“reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve (“réserve”). O. Reg. 352/22, s. 12 (2).

(2) The Registrar may, if the requirements in subsection (4) are met, approve a temporary outdoor physical extension of a premises which is located on a reserve and to which a liquor sales licence applies,

(a)  that is adjacent to the premises; or

(b)  in the case of a premises that is a boat, that consists of,

(i)  a specified portion of a dock to which the boat is attached that is secured or affixed to land, and

(ii)  a specified portion of the land to which the dock is secured or affixed. O. Reg. 352/22, s. 12 (2).

(3) The Registrar may, if the requirements in subsection (4) are met, approve a temporary outdoor physical extension of a premises which is located on a reserve and to which a by-the-glass endorsement applies that is immediately adjacent to the premises. O. Reg. 352/22, s. 12 (2).

(4) The following requirements are specified for the purposes of subsections (2) and (3):

1.  The council of the band indicates, in the form and manner specified by the Registrar, that it does not object to the extension for which approval is sought.

2.  The requirements listed in paragraphs 2 to 6 of subsection 153.1 (3). O. Reg. 352/22, s. 12 (2).

(5) The Registrar shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

(6) An approval may be granted under subsection (2) or (3) with respect to one or more calendar years, as specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(7) The Registrar may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2).

(8) If the Registrar receives a copy of a resolution of the council of the band requesting that the Registrar not approve any temporary outdoor physical extensions on the reserve,

(a)  the Registrar shall not approve temporary outdoor physical extensions on the reserve and shall refuse any applications for approval of such extensions that are outstanding at the time the Registrar receives the copy of the resolution, and subsections (2), (3) and (7) cease to apply with respect to the reserve; and

(b)  section 153.3 applies with respect to,

(i)  approvals of temporary outdoor physical extensions on the reserve, and

(ii)  existing temporary outdoor physical extensions on the reserve approved under subsection (2) or (3). O. Reg. 352/22, s. 12 (2).

(9) If the Registrar receives a copy of a resolution of the council of the band rescinding a request referred to in subsection (8),

(a)  that subsection ceases to apply as of the day on which the resolution is received; and

(b)  any existing temporary outdoor physical extensions on the reserve continue under this section, except that any conditions on an existing approval that were specified by the council of the band under subsection 153.3 (6) cease to apply. O. Reg. 352/22, s. 12 (2).

(10) As soon as possible after receiving a copy of a resolution referred to in subsection (8) or (9) respecting a reserve, the Registrar shall give written notice, in the manner the Registrar considers appropriate, to every holder of a liquor sales licence operating on the reserve, stating,

(a)  in the case of a resolution referred to in subsection (8), that the Registrar has received the resolution and the date from which the Registrar may no longer approve temporary outdoor physical extensions on the reserve; or

(b)  in the case of a resolution referred to in subsection (9), that,

(i)  the Registrar has received the resolution,

(ii)  the date from which the Registrar may approve temporary outdoor physical extensions on the reserve, and

(iii)  any conditions on an approval that were specified by the council of the band cease to apply. O. Reg. 352/22, s. 12 (2).

(11) The Registrar shall publish on the website of the Alcohol and Gaming Commission of Ontario,

(a)  a list of the reserves in which the Registrar may not approve temporary outdoor physical extensions as a result of subsection (8); and

(b)  for each reserve referred to in clause (a), the date on which the Registrar received a copy of the resolution referred to in subsection (8). O. Reg. 352/22, s. 12 (2).

Temporary outdoor physical extensions, on reserve by council of the band

153.3 (1) During any period in which subsection 153.2 (8) applies, the council of the band may, if the requirements in subsection (2) are met, approve the temporary outdoor physical extension of a premises described in subsections 153.2 (2) and (3) on the reserve instead of the Registrar. O. Reg. 352/22, s. 12 (2).

(2) The following requirements are specified for the purposes of subsection (1):

1.  The council of the band has provided for licensees to apply for or otherwise obtain an approval of a temporary outdoor physical extension on the reserve.

2.  The requirements listed in paragraphs 2 to 6 of subsection 153.1 (3). O. Reg. 352/22, s. 12 (2).

(3) For the purposes of subclause 153.2 (8) (b) (ii), the council of the band may exercise its powers under this section with respect to existing temporary outdoor physical extensions on the reserve approved under subsection 153.2 (2) or (3) regardless of whether the requirement in paragraph 1 of subsection (2) of this section is met. O. Reg. 352/22, s. 12 (2).

(4) The council of the band shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

(5) An approval may be granted under subsection (1) with respect to one or more calendar years, as specified by the council of the band. O. Reg. 352/22, s. 12 (2).

(6) The council of the band may, at the time of approval or at any time during the period of an approved temporary outdoor physical extension, specify conditions to which the approval is subject. O. Reg. 352/22, s. 12 (2).

(7) A council of the band may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2).

(8) A licensee who obtains approval for a temporary outdoor physical extension under this section, or whose approved temporary outdoor physical extension becomes subject to this section, shall notify the Registrar in accordance with the following requirements, as applicable:

1.  In the case of an approval under this section, the licensee shall, before selling or serving liquor on the extension, notify the Registrar of the approval, any conditions to which the approval is subject under subsection (6) and the duration of the approved temporary outdoor physical extension.

2.  A licensee whose approval is suspended or withdrawn shall immediately notify the Registrar of the suspension or withdrawal.

3.  A licensee whose approval becomes subject to a condition under subsection (6) after the time of the approval shall immediately notify the Registrar of the imposition of the condition.

4.  A notification under this subsection shall be given in the form and manner specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(9) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection 153.1 (3) continue to be met for the duration of the approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

Temporary outdoor physical extensions, unorganized territory

153.4 (1) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3) are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a liquor sales licence applies,

(a)  that is adjacent to the premises; or

(b)  in the case of a premises that is a boat, that consists of,

(i)  a specified portion of a dock to which the boat is attached that is secured or affixed to land, and

(ii)  a specified portion of the land to which the dock is secured or affixed. O. Reg. 352/22, s. 12 (2).

(2) The Registrar may, if the requirements listed in paragraphs 2 to 6 of subsection 153.1 (3)  are met, approve a temporary outdoor physical extension of a premises which is located in unorganized territory and to which a by-the-glass endorsement applies that is immediately adjacent to the premises. O. Reg. 352/22, s. 12 (2).

(3) The Registrar shall specify the maximum duration of an approved temporary outdoor physical extension. O. Reg. 352/22, s. 12 (2).

(4) An approval may be granted under subsection (1) or (2) with respect to one or more calendar years, as specified by the Registrar. O. Reg. 352/22, s. 12 (2).

(5) The Registrar may suspend or withdraw an approval. O. Reg. 352/22, s. 12 (2).

Effect of approved extension

153.5 For greater certainty, an approved temporary indoor or outdoor physical extension forms part of a licensed premises for its duration, and any conditions to which the licence is subject apply with respect to the extension, in addition to, in the case of an outdoor physical extension, any conditions to which the approval of the extension is subject under section 153.1 or 153.3. O. Reg. 352/22, s. 12 (2).

Part XI
Licence Transfers

Changes requiring transfer of licence

154. (1) For the purposes of section 14 of the Act, no licensee that has undergone any of the following changes shall carry on their business under the authority of the licence unless the Registrar transfers the licence in accordance with this section:

1.  An individual becomes or ceases to be an officer or director of,

i.  a licensee that is a corporation, or

ii.  a corporation that effectively controls the activities authorized under the licence.

2.  A person becomes or ceases to be a partner of a licensee that is a partnership.

3.  A person or partnership acquires a beneficial interest in the licensed business, including acquiring shares of a licensee that is a corporation or of a corporation that effectively controls the business, that results in the person or partnership holding or controlling 10 per cent or more of the outstanding shares, or of a class of shares, of the corporation.

4.  A person or partnership other than the licensee becomes entitled to any of the profits from the sale of liquor or liable for any obligations incurred from the activities authorized under the licence.

(2) The licence transfer described in subsection (1) is not required for a licence to operate a retail store.

(3) Despite paragraphs 1 and 2 of subsection (1), a licensee that gives the Registrar notice of the following change within 30 days after it occurs may continue to engage in activities authorized under the licence without requiring a licence transfer:

1.  An individual ceases to be an officer or director of a licensee that is a corporation.

2.  A partner ceases to be a partner in a partnership that is a licensee.

(4) Subject to subsection (5), the Registrar shall consider an application for the transfer of a licence described in subsection (1) and approve the transfer if,

(a)  the person to whom the licence would be transferred complies with the Act and the regulations and pays the required fee;

(b)  the Registrar approves the application, or the Tribunal directs the Registrar to transfer the licence; and

(c)  the person to whom the licence would be transferred consents to any conditions specified by the Registrar that are to be attached to the licence.

(5) The Registrar shall not transfer a licence in accordance with this section if the recipient of the licence transfer would not be eligible to be issued the licence under subsection 3 (4) of the Act and under this Regulation.

Transfers of licences to different person

155. (1) The following licence types are prescribed for the purposes of subsection 15 (1) of the Act as being eligible to be transferred to a different person by the Registrar in accordance with this section:

1.  A licence to operate a liquor consumption premises.

2.  A licence to operate a retail store, other than the Brewers Retail Inc. licence.

3.  A licence to deliver.

4.  A licence to operate a ferment on premises facility.

5.  A manufacturer’s licence to sell.

(2) The Registrar shall consider an application for the transfer of a licence described in subsection (1) to a person and approve the transfer if,

(a)  none of the restrictions set out in subsections (3) to (8) apply;

(b)  the person to whom the licence would be transferred complies with the Act and the regulations and pays the required fee;

(c)  the Registrar approves the application, or the Tribunal directs the Registrar to transfer the licence; and

(d)  the person to whom the licence would be transferred consents to any conditions specified by the Registrar that are to be attached to the licence.

(3) The Registrar shall not transfer a licence in accordance with this section if,

(a)  a monetary penalty imposed under subsection 14.1 (2) of the Liquor Tax Act, 1996, as it read at the time, or under subsection 14 (5) of the Alcohol and Gaming Commission of Ontario Act, 2019 is outstanding against the current holder of the licence; or

(b)  the recipient of the licence transfer would not be eligible to be issued the licence under subsection 3 (4) of the Act and under this Regulation.

(4) The Registrar shall not transfer an offsite winery retail store licence to a person in accordance with this section unless the Registrar also approves the transfer to that person of the manufacturer’s licence to sell associated with the offsite winery retail store licence.

(5) The Registrar shall not transfer an offsite winery retail store licence with a wine boutique endorsement in accordance with this section if the recipient of the licence would hold more than the maximum number of licences with wine boutique endorsements permitted by subsection 77 (3) (Ineligibility criteria).

(6) The Registrar shall not transfer a beer and wine grocery store licence or a beer and cider grocery store licence in accordance with this section unless the transfer is to the purchaser of an eligible grocery store to which the licence applies.

(7) The Registrar shall not transfer a beer and wine grocery store licence or a beer and cider grocery store licence in accordance with this section if the recipient of the licence would hold more than the maximum number of licences with wine boutique sales agent endorsements permitted by subsection 76 (2) (Limitation on eligibility for wine boutique sales agent endorsements).

(8) Before January 1, 2026, the Registrar shall not transfer a beer and wine grocery store licence to an eligible grocery store in accordance with this section in which, on May 1, 2016, space for a winery retail store was leased or licensed unless the winery has notified the Registrar in writing that the winery does not wish the lease or licence at the eligible grocery store to continue.

(9) Subsection (3) does not apply if the Registrar transfers a liquor sales licence or a licence to operate a ferment on premises facility for a period of not more than one year to permit the orderly disposition of the business carried on under the licence in the following circumstances:

1.  A trustee in bankruptcy or court-appointed receiver acquires the business of the licensee.

2.  A mortgagee, franchisor, landlord, or executor or administrator of the estate of a deceased licensee takes possession of the licensed premises.

(10) The Registrar may develop a simplified application process for the transfer of a licence in the following circumstances if the principal individuals involved in the licensed business remain the same after the change occurs:

1.  The licence transfers between a sole proprietorship and a corporation.

2.  The licence transfers between a partnership and a corporation.

3.  The licence transfers from a partnership to a sole proprietorship.

4.  The licence transfers from one corporation to another corporation.

5.  Two or more corporations amalgamate into a single corporation and a licence from one of those corporations transfers to the amalgamated corporation.

Transfers of licences to different location

156. (1) The following licence types are prescribed for the purposes of subsection 15 (1) of the Act as being eligible to be transferred to a different location by the Registrar in accordance with this section:

1.  A beer and wine grocery store licence.

2.  A beer and cider grocery store licence.

3.  An offsite winery retail store licence.

(2) Subject to subsection (3), the Registrar shall consider an application for the transfer of a licence described in subsection (1) to a different location and approve the transfer if,

(a)  the licensee complies with the Act and the regulations and pays the required fee;

(b)  the Registrar approves the application, or the Tribunal directs the Registrar to transfer the licence;

(c)  the licensee consents to any conditions specified by the Registrar that are to be attached to the licence;

(d)  the premises, accommodation, equipment and facilities at the new location would not make the licensee ineligible for a licence under clause 3 (4) (f) of the Act; and

(e)  the Registrar has not issued a proposal to suspend or revoke the licence.

(3) The Registrar shall not transfer a beer and wine grocery store licence or a beer and cider grocery store licence to a different location in accordance with this section unless,

(a)  the transfer is to an eligible grocery store in a different location in the same geographic region as the store to which the licence applies;

(b)  the eligible grocery store is not located within five kilometres of an agency store; and

(c)  any of the following criteria are satisfied:

(i)  both stores have the same operator,

(ii)  the operators of the stores are affiliated,

(iii)  the stores are part of the same franchise system.

Temporary contracting out for purpose of licence transfer to different person

157. (1) Despite section 12 (No contracting out operations), a licensee, other than the holder of a manufacturer’s licence to sell, may contract out the operation of the business to another person who is applying to receive the transfer of the licence if,

(a)  a proposal has not been issued to suspend or revoke or refuse to renew the licence;

(b)  no monetary penalty imposed under subsection 14.1 (2) of the Liquor Tax Act, 1996, as it read at the time, or under subsection 14 (5) of the Alcohol and Gaming Commission of Ontario Act, 2019 is outstanding against the current holder of the licence;

(c)  the person has filed an application for transfer of the licence with the Registrar and has paid the required fee; and

(d)  the licensee has signed an authorization for the applicant to operate the business and has filed the authorization with the Registrar.

(2) The licensee remains liable under the licence during the period for which the operation of the business has been contracted out.

(3) The ability to contract out the operation of the business expires,

(a)  on the issuance of the transfer of the licence; or

(b)  on the issuance of a notice of proposal to refuse the transfer.

Licences continue to be subject to previous conditions

158. A licence transferred in accordance with this Part is subject to the same conditions to which it was subject immediately before the transfer, including any conditions attached by the Registrar or imposed by the Tribunal.

Part XII
Local Option

Prohibited areas

159. (1) No licence to operate a liquor consumption premises may be issued, and no by-the-glass endorsement may be granted, for premises in a municipality or part thereof in which the sale of liquor under a licence was prohibited under the law as it existed immediately before the day subsection 2 (1) of the Act comes into force.

(2) No retail store may be operated in a municipality or part thereof in which the sale of liquor in a government store was prohibited under the law as it existed immediately before the day subsection 2 (1) of the Act comes into force.

(3) Despite subsection (2), retail stores may be established in a municipality or part thereof in which it is lawful to issue licences to operate a liquor consumption premises.

(4) Despite subsections (1) and (2),

(a)  a retail store operated immediately before the day subsection 2 (1) of the Act comes into force shall be deemed to be operated in compliance with this section; and

(b)  a licence that was issued before the day subsection 2 (1) of the Act comes into force and that was continued as a licence to operate a liquor consumption premises or that was continued as a manufacturer’s licence to sell with a by-the-glass endorsement shall be deemed to have been issued in compliance with this section.

(5) Subject to section 160, in a municipality or part thereof in which, under the law as it existed immediately before the day subsection 2 (1) of the Act comes into force, only the sale of beer and wine was permitted in licensed premises, a licence to operate a liquor consumption premises shall be deemed to contain a condition that liquor other than beer and wine shall not be sold in the licensed premises.

Local option to authorize sale

160. (1) The council of a municipality described in subsection 159 (1) or (2) may submit to a vote one or more of the questions set out in subsection (3) of this section respecting the authorization of the sale of liquor in the municipality.

(2) The council of a municipality shall submit to a vote the questions set out in subsection (3) respecting the authorization of the sale of liquor in the municipality as are requested by a petition signed by at least 25 per cent of the persons appearing on the voters’ list, as revised, prepared for the previous municipal election.

(3) The questions referred to in subsections (1) and (2) are the following:

1.  Are you in favour of the sale of liquor in retail stores?

2.  Are you in favour of the sale of liquor for consumption on the premises where it is sold?

3.  Shall the municipality continue to prohibit the sale of spirits for consumption on the premises where it is sold?

(4) Despite subsection 159 (2), retail stores may be operated in a municipality described in that subsection if 60 per cent of the electors voting on a question vote in favour of the sale of liquor in retail stores.

(5) Despite subsection 159 (1), licences to operate a liquor consumption premises may be issued, and by-the-glass endorsements may be granted, to premises in a municipality described in that subsection if 60 per cent of the electors voting on a question vote in favour of the sale of liquor for consumption on the premises where it is sold.

(6) Despite anything else in this Regulation, licensees are not authorized to sell spirits for consumption in premises in a municipality if 60 per cent of the electors voting on a question vote in favour of continuing to prohibit the sale of spirits for consumption.

(7) Subsection (6) does not apply if, in a subsequent vote, 60 per cent of the electors voting on a question vote against continuing to prohibit the sale of spirits for consumption in the municipality.

Voting day

161. (1) Subject to subsection (2), the day fixed for taking a vote on any question under section 160 shall be voting day in the next regular election under the Municipal Elections Act, 1996, unless the council, with the approval of the Board, fixes another day and notifies the clerk of the municipality.

(2) A vote shall not be held on any question until after 60 days from,

(a)  the filing of the petition requiring the question to be submitted; or

(b)  the date the council approves the submission of the question, if the council submits the question without a petition.

Eligible voters

162. The persons eligible to vote on a question under section 160 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 on the day fixed for taking the vote on the question.

Municipal Elections Act, 1996 applies

163. The provisions of the Municipal Elections Act, 1996 apply to the taking of a vote under this Part.

Return to Registrar

164. (1) The returning officer shall make a return to the Registrar showing the number of votes polled for the affirmative and negative on each question submitted.

(2) Upon receiving the return, the Registrar shall give notice of the return on the website of the Alcohol and Gaming Commission of Ontario, showing the total number of votes polled in the municipality for the affirmative and negative on each question.

Resubmitting questions

165. If a question under section 160 is submitted for a vote in a municipality or part thereof, no further vote may be held in the municipality or part thereof on any question under section 160 until 35 months after the date of the vote on the question.

Municipal restructuring

166. (1) The status under this Part of a municipality that is amalgamated with another municipality that has a different status,

(a)  is not affected by the amalgamation; and

(b)  may be changed only by a vote under this Part in the municipality amalgamated.

(2) The status under this Part of a municipality or part of a municipality that is annexed to another municipality that has a different status,

(a)  is not affected by the annexation; and

(b)  may be changed only by a vote under this Part in the municipality or part annexed.

(3) In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons qualified to sign a petition under section 160 are the persons whose names appear on the voters’ list, as revised, prepared for the previous municipal election held in the municipality amalgamated or municipality or part annexed, as the case may be.

(4) In a municipality amalgamated or municipality or part annexed to which subsection (1) or (2) applies, the persons eligible to vote on a question under section 160 are the persons who would be eligible to vote at an election held under the Municipal Elections Act, 1996 in the municipality amalgamated or municipality or part annexed, as the case may be.

PART XIII (OMItted)

167. Omitted (provides for amendments to this Regulation).

PART XIV (OMItted)

168. Omitted (provides for coming into force of provisions of this Regulation).

schedule 1
Combination Government Stores

Column 1
Item

Column 2
Location

Column 3
Street address

Column 4
Liquor Control Board of Ontario store number

1.

Alban

524 Highway 64

604

2.

Alfred

602 St. Philippe Street

466

3.

Apsley

3 Burleigh Street

318

4.

Arthur

151 Catherine Street West

293

5.

Athens

19 Main Street East

316

6.

Bayfield

71 Main Street South

550

7.

Baysville

2461 Muskoka Road 117 East

516

8.

Beachburg

35 Lapasse Road

597

9.

Beardmore

222 Main Street

180

10.

Belmont

210 Caesar Road

548

11.

Bewdley

5087 Rice Lake Drive North

594

12.

Bonfield

234 Yonge Street

574

13.

Bourget

3926 Champlain Street

121

14.

Brechin

King Street South

581

15.

Bruce Mines

9226 Taylor Street

421

16.

Brussels

575 Turnberry Street

541

17.

Buckhorn

1976 Lakehurst Road

561

18.

Burford

29 Park Avenue

429

19.

Burk’s Falls

10 Commercial Drive

232

20.

Calabogie

703 Mill Street

433

21.

Caledon

16000 Airport Road

599

22.

Callander

5 Main Street North

492

23.

Cannington

25 Cameron Street East

562

24.

Capreol

12 Hanna Street

118

25.

Cardinal

623 Highway 2, Cardinal Village Square

304

26.

Carp

461 Donald B Munro Drive

455

27.

Casselman

644 Principale Street

441

28.

Cayuga

1 Talbot Street West

160

29.

Chesley

115 First Avenue North

284

30.

Chesterville

150 Queen Street

303

31.

Cobalt

28 Silver Street

76

32.

Cobden

22 Truelove Street

442

33.

Coe Hill

8 Centre Street

535

34.

Colborne

9 Toronto Road, Highway 2

380

35.

Courtright

42 Thompson Street

337

36.

Creemore

12 Elizabeth Street East

267

37.

Delta

39 King Street

460

38.

Denbigh

22353 Highway 41

476

39.

Deseronto

78 St. George Street

96

40.

Dorset

1059 Main Street

399

41.

Dresden

188 Lindsley Street West

161

42.

Dunchurch

7 Church Street

595

43.

Dundalk

77220 Highway 10

450

44.

Dutton

234 Mary Street

213

45.

Dwight

25846 Highway 35

557

46.

Ear Falls

16 Spruce Street

292

47.

Earlton

4 - 10th Avenue South

506

48.

Echo Bay

3213 Highway 17 B East

519

49.

Elgin

131 Perth Street

352

50.

Elk Lake

55 First Street

280

51.

Emo

Highway 11

285

52.

Englehart

65 Fourth Avenue

92

53.

Foleyet

30 Young Street

338

54.

Frankford

14 King Drive North

364

55.

Glencoe

228 Currie Street

294

56.

Gooderham

1007 Gooderham Street

607

57.

Gore Bay

1 Dawson Street

157

58.

Goulais River

3040 Highway 17 North

473

59.

Grand Valley

22 Main Street South

583

60.

Hagar

7260 Highway 535

524

61.

Haileybury

316 Broadway Street

67

62.

Harriston

2 Queen Street South

369

63.

Hensall

24 London Road

622

64.

Honey Harbour

2669 Muskoka Road 5

448

65.

Hornepayne

36 Fifth Avenue

204

66.

Hudson

35 Second Street

480

67.

Ignace

300 Main Street, Ignace Shopping Center

291

68.

Iron Bridge

1 James Street

487

69.

Iroquois

17 Plaza Drive

262

70.

Kakabeka Falls

4793 Highway 11/17

335

71.

Kearney

86 Main Street

336

72.

Keewatin

202 10th Street

230

73.

Kenora

Highway 17 & Rocky Ridge Road

376

74.

Killaloe

161 Queen Street

314

75.

Killarney

17 Channel Street

409

76.

Kinmount

4094 Highway 121

307

77.

Kirkfield

1002 Portage Road

471

78.

Lafontaine

336 B Rue Lafontaine Road West

626

79.

Lanark

99 Clarence Street

479

80.

Lancaster

16 Molan Street

123

81.

Langton

67 Queen Street

510

82.

Lansdowne

992 Prince Street

423

83.

Larder Lake

38 Government Road

134

84.

Lion’s Head

1 Ferndale Road

606

85.

Long Sault

33 Long Sault Drive, Long Sault Shopping Center

435

86.

Longlac

116 Forestry Road

245

87.

Lucan

196 Main Street

264

88.

Lucknow

566 Willoughby Street

440

89.

Mactier

426 High Street

251

90.

Magnetawan

12 Biddy Street

514

91.

Manitouwadge

66 Huron Walk

220

92.

Manitowaning

13 Spragge & Queen Street

258

93.

Massey

250 Imperial Street South

256

94.

Matheson

423 Highway 11

162

95.

Mattice

275 King Street East

463

96.

Maxville

3 Main Street

309

97.

Maynooth

33004 Highway 62 North

478

98.

Merrickville

205 Elgin Street

119

99.

Mildmay

1024 Highway 9

621

100.

Millbrook

4 Centre Street

254

101.

Milverton

69 Main Street South

296

102.

Moonbeam

33A Highway 11

577

103.

Moosonee

35 First Street

424

104.

Nakina

112 Quebec Street

332

105.

Newcastle

34 Beaver Street

489

106.

Niagara-on-the-Lake

20 Queen Street

124

107.

Norwood

4246 Highway 7

504

108.

Omemee

4 King Street

281

109.

Orono

91 Mill Street

543

110.

Paisley

277 Queen Street North

615

111.

Palmerston

440 Main Street West

107

112.

Parkhill

264 Main Street

374

113.

Pefferlaw

17 Hastings Road

596

114.

Pelee Island

1109 Westshore Road

120

115.

Pickle Lake

18 Koval Street

379

116.

Plantagenet

240 Old Highway 17

375

117.

Plevna

7423 Highway 506

503

118.

Pointe au Baril

Highway 69

323

119.

Pontypool

646 Drum Road

611

120.

Port Burwell

30 Robinson Street

413

121.

Port Carling

115 Medora Street

403

122.

Port Loring

14 Wilson Lake Crescent

290

123.

Port McNicoll

779 Ney Avenue

608

124.

Port Severn

3238 Port Severn Road

482

125.

Port Stanley

325 Bridge Street

330

126.

Portland

34 Colbourne Street

439

127.

Rainy River

318 Atwood Avenue

114

128.

Red Rock

125 Salls Street

493

129.

Reeces Corners

4475 London Line

591

130.

Richard’s Landing

1198 Richard Street

451

131.

Richmond

6179 Perth Street

496

132.

Rosseau

1145 Highway 141

347

133.

Schreiber

207 Manitoba Street

464

134.

Seaforth

50 Main Street North

273

135.

Seeley’s Bay

106 Drynan Way, Unit 10

520

136.

Sioux Narrows

Highway 71

257

137.

Smooth Rock Falls

138 Highway 11 East

189

138.

Spanish

4 Goderich Road

565

139.

St. Charles

8 King Street East

488

140.

St. Isidore

2538 St. Isidore Street

308

141.

Stirling

125 North Street

414

142.

Sundridge

65 Ontario Street, Highway 124

613

143.

Tamworth

714 Addington Street East

105

144.

Tavistock

82 Hope Street West

530

145.

Teeswater

1 Industrial Road, Unit B

610

146.

Temagami

3 Wildflower Avenue

241

147.

Terrace Bay

7 Simcoe Plaza

173

148.

Thamesville

99 Industrial Road

567

149.

Thessalon

163 Main Street

104

150.

Thornbury

43 Arthur Street

537

151.

Tobermory

23 Brock Street

283

152.

Vankleek Hill

23 Mill Street

349

153.

Vermilion Bay

Highway 17 & 142 Tower Road

315

154.

Verner

10442 Highway 17

588

155.

Victoria Harbour

144 Albert Street

560

156.

Warkworth

44 Church Street

472

157.

Warsaw

906 Water Street

570

158.

Washago

8409 County Road 169

469

159.

Waterford

37 St. James Street

299

160.

Watford

538 Huron Street

328

161.

Wellington

462 Main Street

449

162.

Wheatley

676 Highway 3 East

372

163.

White River

204 Elgin Street

272

164.

Whitney

16 Hay Creek Road

319

165.

Wilberforce

2763 Essonville Road

447

166.

Winchester

578 Main Street West

578

167.

Zurich

11 Main Street

274

 

 

Français