LICENSING

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. Small distilleries: criteria 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 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 34.1 Large quadricycles 35. Prohibition 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 70.1 Licences continued 71. Authorized actions for grocery store licence 72. Authorized actions for convenience 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 grocery store licences and convenience store licences on reserve 78.1 Limitations on licences for stores on reserve 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 Grocery Store Licences and Convenience Store Licences 83. Application 84. Financial relationships 84.1 Distribution 85. Must continue to be grocery store or convenience store 86. Special rules re winery retail stores 87. Sales in grocery stores and convenience stores 88. Conduct of sales in grocery and convenience store 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 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, wine boutique endorsement 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 Ineligibility Criteria 111.1 Affiliate delivery licences General delivery licence conditions 112. Application 113. Purchase of liquor 114. Delivery of liquor under general delivery licence Affiliate Delivery Licence Conditions 114.1 Application 114.2 Purchase of liquor 114.3 Financial relationships 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 144.1 Wine transfer 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 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 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”) “convenience store” means a store, (a) that consists of no more than 4,000 square feet of retail floor space, (b) in which food products offered for retail sale, excluding prepared food products that may be consumed on site, occupy at least half of the retail floor space, (c) that offers a variety of at least five of the following types of food products for in-person retail sale, other than prepared food products that may be consumed on site: (i) canned food, (ii) dry food, (iii) frozen food, (iv) fresh fruits, (v) fresh vegetables, (vi) meat or meat alternatives, (vii) dairy or dairy alternatives, (viii) non-alcoholic beverages, (ix) baked goods, and (x) snack foods, and (d) that 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; (“dépanneur”) “council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “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”) “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”) “grape product” means grape concentrate, grape juice, grape must or grape wine; (“produit du raisin”) “grocery store” means a store, (a) that has more than 4,000 square feet of retail floor space, (b) in which food products offered for retail sale, excluding prepared food products that may be consumed on site, occupy, (i) at least 10,000 square feet of the retail floor space, or (ii) at least half of the retail floor space, (c) that offers a variety of each of the following types of food products for in person retail sale, other than prepared food products that may be consumed on site: (i) canned food, (ii) dry food, (iii) frozen food, (iv) fresh fruits, (v) fresh vegetables, (vi) meat or meat alternatives, (vii) dairy or dairy alternatives, (viii) non-alcoholic beverages, (ix) baked goods, and (x) snack foods, and (d) that 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”) “Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”) “industry promotional event” has the same meaning as in Ontario Regulation 747/21 (Permits) made under the Act; (“événement promotionnel de l’industrie”) “large quadricycle” has the same meaning as in Ontario Regulation 411/22 (Pilot Project — Large Quadricycles) made under the Highway Traffic Act; (“grand quadricycle”) “large quadricycle chauffeur” has the same meaning as in Ontario Regulation 411/22 (Pilot Project — Large Quadricycles) made under the Highway Traffic Act; (“chauffeur d’un grand quadricycle”) “large quadricycle passenger” means every person who operates or rides a large quadricycle, other than the large quadricycle chauffeur, and any employees of the licensee; (“passager d’un grand quadricycle”) “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”) “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”) “ready-to-drink beverage” means a ready-to-consume cooler, hard seltzer or other premixed cocktail made from spirits, wine, beer or fermented sugar, or from any combination of the four; (“boisson prête à boire”) “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”) “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”) “retail floor space” means any indoor space that is fully enclosed by walls in which products or services are offered for sale to the public; (“surface de vente au détail”) “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 distillery” means a small distillery within the meaning of section 7; (“petite distillerie”) “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 boutique” means a winery retail store that is located inside the shopping area of a grocery store; (“boutique de vins”) “winemaking year” means the 12-month period from September 1 to August 31. (“année de production du vin”) O. Reg. 746/21, s. 1 (1); O. Reg. 198/24, s. 1; O. Reg. 377/24, s. 1; O. Reg. 145/25, s. 1. (2) In this Regulation, expressions relating to franchises have the same meaning as in the Arthur Wishart Act (Franchise Disclosure), 2000. O. Reg. 746/21, s. 1 (2). 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. O. Reg. 746/21, s. 3 (1). (2) Revoked: O. Reg. 198/24, s. 2. 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. Small distilleries: criteria 7. (1) For the purposes of this Regulation, a manufacturer of spirits is a small distillery 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 two million litres of spirits or, if the manufacturer has been selling spirits for less than one year, its worldwide sales are not expected to exceed two million litres of spirits in the year. 2. Every affiliate of the manufacturer that manufactures spirits is a small distillery. O. Reg. 198/24, s. 3. (2) In determining the amount of a manufacturer’s worldwide sales of spirits, the following are included: 1. All spirits sold by the manufacturer. 2. All spirits sold by an affiliate of the manufacturer. O. Reg. 198/24, s. 3. 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. O. Reg. 746/21, s. 9 (1). (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 liquor that was ordered or purchased online from a grocery store, convenience 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. O. Reg. 746/21, s. 9 (2); O. Reg. 198/24, s. 4; O. Reg. 359/25, s. 1. 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). 13. Revoked: 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. O. Reg. 746/21, s. 14 (1). (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. O. Reg. 746/21, s. 14 (2); O. Reg. 359/25, s. 2. (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. O. Reg. 746/21, s. 14 (3). (4) Despite subsection (1), this section does not apply to applications for the issuance of a grocery store or convenience store licence that are submitted before September 1, 2025. O. Reg. 198/24, s. 5. 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). (1.1) If a licensed premises is a large quadricycle, the licensee is only authorized to perform the actions set out in subsection (1) in the municipality for which the licence is issued, but only if the municipality has passed a municipal by-law permitting large quadricycles to be driven or operated on a highway under its jurisdiction for the purposes of Ontario Regulation 411/22 (Pilot Project — Large Quadricycles) made under the Highway Traffic Act. O. Reg. 145/25, s. 2. (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; (e) the application is for a mini bar licence; or (f) the application is for a liquor sales licence that applies to a large quadricycle. O. Reg. 746/21, s. 19 (1); O. Reg. 145/25, s. 3. (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. O. Reg. 746/21, s. 19 (2). 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. O. Reg. 746/21, s. 20 (1). (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. O. Reg. 746/21, s. 20 (2). (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. O. Reg. 746/21, s. 20 (3). (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. O. Reg. 746/21, s. 20 (4). (5) Subsection (2) does not apply if the application is for a liquor sales licence that would apply to a tied house. O. Reg. 746/21, s. 20 (5). (5.1) Clauses (2) (b) and (3) (c) do not apply if the application is for a liquor sales licence that applies to a large quadricycle to the extent that the agreement, arrangement or understanding is solely to facilitate the stops of the large quadricycle at a manufacturer’s production site along its route. O. Reg. 145/25, s. 4. (6) No more than one liquor sales licence may be issued with respect to a single production site. O. Reg. 746/21, s. 20 (6). (6.1) A person is not eligible for a liquor sales licence that applies to a conveyance unless the conveyance is a boat, railway car or large quadricycle. O. Reg. 145/25, s. 4. (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. O. Reg. 746/21, s. 20 (7). (8) A person is not eligible for a liquor sales licence that applies to a large quadricycle unless an attestation is provided to the Registrar in the form required by the Registrar stating that the proposed licensed premises is a large quadricycle. O. Reg. 145/25, s. 4. (9) A person is not eligible for a liquor sales licence with the following endorsements if the licence applies to a large quadricycle: 1. A caterer’s endorsement. 2. A brew pub endorsement. 3. A wine pub endorsement. O. Reg. 145/25, s. 4. (10) A person is not eligible for a liquor sales licence that applies to a large quadricycle if the municipality to which the licence would apply has passed a resolution requesting that no such liquor sales licences be issued in respect of the municipality and has provided a copy of the resolution to the Registrar. O. Reg. 145/25, s. 4. (11) If the Registrar receives a copy of a resolution from the municipality rescinding the request referred to in subsection (10), that subsection ceases to apply with respect to the municipality. O. Reg. 145/25, s. 4. (12) The Registrar shall publish on the Alcohol and Gaming Commission’s website a list of municipalities in respect of which an applicant is not eligible for a liquor sales licence because a resolution described in subsection (10) has been passed, along with the dates of the relevant resolutions. O. Reg. 145/25, s. 4. (13) Subsection 3 (7) of the Act does not apply in respect of a person who is refused a liquor sales licence or who is refused a renewal of such a licence or whose licence is revoked solely on the ground that the person is not eligible under subsection (10). O. Reg. 145/25, s. 4. 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. O. Reg. 746/21, s. 26 (1). (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. O. Reg. 746/21, s. 26 (2). (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. O. Reg. 746/21, s. 26 (3). (4) Revoked: O. Reg. 526/24, s. 1 (2). 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. Large quadricycles 34.1 (1) The holder of a liquor sales licence that applies to a large quadricycle may only sell liquor if, (a) the liquor is packaged by the manufacturer in a can, plastic bottle or other container that is not made of glass; and (b) the liquor, as packaged, is intended to be consumed by a person in one sitting. O. Reg. 145/25, s. 5. (2) Liquor may be sold only, (a) prior to the departure of the large quadricycle on its route; and (b) to the large quadricycle passengers. O. Reg. 145/25, s. 5. (3) Liquor may be consumed only by the large quadricycle passengers, and may be served and consumed only when, (a) the large quadricycle is transporting its passengers; (b) at least two employees of the licensee are present, including one large quadricycle chauffeur driving the large quadricycle and one attendant serving liquor and supervising liquor consumption; (c) all of the large quadricycle passengers are seated; and (d) no person under the age of 19 is present, except for the employees of the licensee. O. Reg. 145/25, s. 5. (4) The licensee shall inform, in writing and prior to the departure of the large quadricycle on its route, every large quadricycle passenger of the dangers of operating a vehicle while impaired, including the risk of being charged with operating a conveyance while impaired under the Criminal Code (Canada), in a clear and prominent manner. O. Reg. 145/25, s. 5. (5) The licensee shall ensure that liquor cannot be accessed when the large quadricycle is not transporting its passengers or when the large quadricycle makes stops on its route. O. Reg. 145/25, s. 5. (6) The licensee shall not, under subsection 44 (2) or 45 (1) of the Act, require a person to leave the large quadricycle while the large quadricycle is in motion. O. Reg. 145/25, s. 5. Prohibition 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 (b) transferred to the licensed premises from another licensed premises in accordance with the conditions set out in subsection (3). O. Reg. 359/25, s. 3 (1). (2) The licensee shall provide their licence number to the LCBO before purchasing any liquor. O. Reg. 359/25, s. 3 (1). (2.1) Despite subsection (1), the licensee may keep for sale, sell or serve liquor purchased from the holder of the Brewers Retail Inc. licence or beer purchased from the holder of a brewery licence if the liquor or beer was purchased before April 1, 2026. O. Reg. 359/25, s. 3 (1). (3) The conditions for the transfer of liquor referred to in clause (1) (b) 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 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.

Except in the case of the transfer of wine or spirits 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); O. Reg. 339/24, s. 1 (1); O. Reg. 359/25, s. 3 (2); O. Reg. 78/26, s. 1. (3.1) Revoked: O. Reg. 339/24, s. 1 (2). (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 unless the licensed premises is a large quadricycle. O. Reg. 746/21, s. 35 (6); O. Reg. 145/25, s. 6 (1). (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) unless the licensed premises is a large quadricycle. O. Reg. 746/21, s. 35 (9); O. Reg. 145/25, s. 6 (2). (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 unless the licensed premises is a large quadricycle. O. Reg. 746/21, s. 35 (10); O. Reg. 145/25, s. 6 (3). 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). O. Reg. 746/21, s. 39 (1). (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.). O. Reg. 746/21, s. 39 (2). (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. O. Reg. 746/21, s. 39 (3). (3.1) Despite clause (2) (a), the licensee shall not permit a patron to remove wine from the licensed premises if the licensed premises is a large quadricycle. O. Reg. 145/25, s. 7. (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. O. Reg. 746/21, s. 39 (4). 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. O. Reg. 746/21, s. 40 (1). (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. 3. The licence applies to a large quadricycle. O. Reg. 746/21, s. 40 (2); O. Reg. 145/25, s. 8. 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. O. Reg. 746/21, s. 41 (1). (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. O. Reg. 746/21, s. 41 (2). (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. O. Reg. 746/21, s. 41 (3). (4) Nothing in section 27 (No dwellings) affects the operation of this section. O. Reg. 746/21, s. 41 (4). (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. 3. The licence applies to a large quadricycle. O. Reg. 746/21, s. 41 (5); O. Reg. 145/25, s. 9. (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). O. Reg. 746/21, s. 41 (6). 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. O. Reg. 746/21, s. 46 (1). (2) This section does not apply with respect to a licensed premises that is a railway car, a boat or a large quadricycle. O. Reg. 746/21, s. 46 (2); O. Reg. 145/25, s. 10. 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. O. Reg. 746/21, s. 52 (1); O. Reg. 359/25, s. 4 (1). (2) The licensee must provide the licence number to the LCBO in respect of any purchase of liquor intended for sale or service from the mini bar. O. Reg. 746/21, s. 52 (2); O. Reg. 359/25, s. 4 (2). (3) Despite subsection (1), the licensee may, under the mini bar licence or mini bar endorsement, keep for sale or sell liquor purchased from the holder of the Brewers Retail Inc. licence before April 1, 2026. O. Reg. 359/25, s. 4 (3). 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. Grocery store licence. 2. Convenience store licence. 3. Offsite winery retail store licence. 4. Brewers Retail Inc. licence. O. Reg. 746/21, s. 69; O. Reg. 198/24, s. 6. Endorsements on retail store licences 70. (1) The following are prescribed as endorsements on grocery store licences: 1. Wine boutique sales agent endorsement. O. Reg. 746/21, s. 70 (1); O. Reg. 198/24, s. 7. (2) The following are prescribed as endorsements on offsite winery retail store licences: 1. Wine boutique endorsement. O. Reg. 746/21, s. 70 (2). Licences continued 70.1 (1) The following rules apply to licences and endorsements that are in effect on May 24, 2024: 1. This Regulation, as it read before that day, continues to apply to those licences and endorsements until July 31, 2024, except that holders of beer and cider grocery store licences and holders of beer and wine grocery store licences may keep for sale liquor that they will be permitted to sell on or after August 1, 2024. 2. On August 1, 2024, beer and cider grocery store licences and beer and wine grocery store licences are continued as grocery store licences under paragraph 1 of section 69. 3. On August 1, 2024, any wine boutique sales agent endorsement on a licence is continued as an endorsement on a grocery store licence. O. Reg. 198/24, s. 8. (2) Despite the continued application of this Regulation, as it read before May 24, 2024, to a holder of a beer and cider grocery licence or a beer and wine grocery store licence that was in effect on May 24, 2024, the holder of such a licence may, beginning on July 18, 2024, (a) offer for sale or sell ready-to-drink beverages with an alcohol content that is not greater than 7.1 per cent by volume in a grocery store operated by the licensee; and (b) offer for sale or sell beer in packages with more than six containers. O. Reg. 299/24, s. 2. (3) During the period beginning on July 18, 2024 and ending on July 31, 2024, the following rules apply if a licensee referred to in subsection (2) offers for sale or sells ready-to-drink beverages referred to in clause (2) (a): 1. Paragraphs 2 and 3 of subsection 71 (1), paragraphs 2 and 3 of section 72, section 84 and subsections 88 (3), (4), (5) and (7) of this Regulation, as it read before May 24, 2024, apply with respect to the ready-to-drink beverages as if those beverages were wine or beer. 2. The licensee must not offer for sale or sell ready-to-drink beverages unless those beverages have been purchased from the LCBO, and the licensee must comply with all terms and conditions imposed by the LCBO relating to the sale. 3. The product display rules are subject to the following modifications: i. Beer, cider and wine are deemed not to include ready-to-drink beverages for the purposes of section 89 of this Regulation, as it read before May 24, 2024. ii. The licensee must ensure that at least 20 per cent of the containers of ready-to-drink beverages on display in the grocery store are containers of beverages produced by small breweries, small distilleries or small wineries. 4. The licensee must not offer for sale or sell ready-to-drink beverages in a container with a volume of more than 750 mL. 5. If the licensee purchases containers of liquor that are packaged together for consumer sale, the licensee must sell the liquor in that packaging. O. Reg. 299/24, s. 2. (4) For greater certainty, a licensee referred to in subsection (2) that offers for sale or sells ready-to-drink beverages referred to in clause (2) (a) during the period mentioned in subsection (3) must also comply with the provisions of this Regulation, as it read before May 24, 2024, that apply with respect to ready-to-drink beverages by virtue of those beverages being liquor. O. Reg. 299/24, s. 2. (5) Revoked: O. Reg. 359/25, s. 5. Authorized actions for grocery store licence 71. (1) A 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, wine and ready-to-drink beverages in a grocery store operated by the licensee. 2. Serve or offer to serve samples of liquor in the grocery store that is eligible to be sold in that store. 3. Permit individuals to possess or consume samples of liquor provided by the licensee in the grocery store. 4. For a fee, deliver liquor that is eligible to be sold in the grocery store from the grocery store or from a distribution centre or warehouse at which the licensee stores liquor. O. Reg. 746/21, s. 71 (1); O. Reg. 198/24, s. 9 (1-5); O. Reg. 78/26, s. 2. (2) In addition to the authorized actions described in subsection (1), a holder of a 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 grocery store. O. Reg. 746/21, s. 71 (2); O. Reg. 198/24, s. 9 (6). Authorized actions for convenience store licence 72. (1) A convenience 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, wine and ready-to-drink beverages in a convenience store operated by the licensee. 2. Deliver liquor for a fee from the convenience store. O. Reg. 198/24, s. 10. (2) In addition to the authorized actions described in subsection (1), a holder of a convenience store licence who holds at least 20 convenience store licences, either alone or along with its affiliates, is authorized to deliver liquor for a fee from a distribution centre or warehouse at which the licensee stores liquor. O. Reg. 78/26, s. 3. 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 is 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); O. Reg. 198/24, s. 11 (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 a 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 a grocery store. O. Reg. 746/21, s. 73 (2); O. Reg. 352/22, s. 4; O. Reg. 198/24, s. 11 (2). (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 and cider at retail stores approved by the Registrar. 2. Serve or offer to serve samples of beer and cider 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 and cider provided by the licensee in a retail store approved by the Registrar. 4. Deliver beer and cider that is sold in the retail stores approved by the Registrar for a fee. 5. Revoked: O. Reg. 359/25, s. 6. O. Reg. 746/21, s. 74 (1); O. Reg. 359/25, s. 6. (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. O. Reg. 746/21, s. 74 (2). 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 a grocery store. O. Reg. 746/21, s. 76 (1); O. Reg. 198/24, s. 13 (1). (2) Revoked: O. Reg. 198/24, s. 13 (2). Ineligibility criteria 77. (1) An applicant is not eligible for an offsite winery retail store licence unless they hold a winery licence. O. Reg. 746/21, s. 77 (1). (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 grocery store; and (c) the operator of the grocery store holds a grocery store licence with a wine boutique sales agent endorsement for the grocery store. O. Reg. 746/21, s. 77 (2); O. Reg. 198/24, s. 14 (1, 2). (3) Revoked: O. Reg. 198/24, s. 14 (3). Limitation on issuance of grocery store licences and convenience store licences on reserve 78. The Registrar shall, despite section 5 of the Act, refuse to issue a grocery store licence or a convenience store licence if the grocery store or convenience store is located on a reserve unless the council of the band has approved, by the passage of a resolution, the licensing of the store. O. Reg. 198/24, s. 15. Limitations on licences for stores on reserve 78.1 (1) If the Registrar receives a copy of a resolution from the council of the band requesting that the Registrar not issue any grocery store licences or convenience store licences for retail stores to be located on the reserve, the Registrar shall not issue the licences. O. Reg. 198/24, s. 15. (2) Despite section 5 of the Act, the Registrar shall refuse any applications for a grocery store licence or a convenience store licence that are outstanding at the time the Registrar receives a copy of the resolution referred to in subsection (1) or that are received after that time. O. Reg. 198/24, s. 15. (3) An applicant is not eligible for a grocery store licence or a convenience store licence if the proposed grocery store or convenience store is to be located on a reserve that is the subject of a resolution referred to in subsection (1). O. Reg. 198/24, s. 15. (4) Clause 13 (1) (a) of the Act does not apply with respect to subsection (3) of this section, but only in relation to the suspension or revocation of a grocery store or convenience store licence. O. Reg. 198/24, s. 15. (5) The Registrar shall publish on the Commission’s website a list of the reserves in respect of which grocery store licences and convenience store licences may not be issued in accordance with this section, along with the dates of the relevant resolutions. O. Reg. 198/24, s. 15. (6) If the Registrar receives a copy of a resolution from the council of the band rescinding a request referred to in subsection (1), this section ceases to apply with respect to the reserve. O. Reg. 198/24, s. 15. 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 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 grocery store in which to operate its retail store. 2. The holder of the 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. O. Reg. 746/21, s. 80; O. Reg. 198/24, s. 16. 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. Grocery Store Licences and Convenience Store Licences Application 83. It is a condition of every grocery store licence and every convenience store licence that the licensee complies with sections 84 to 90. O. Reg. 198/24, s. 17. Financial relationships 84. (1) The licensee shall not offer private label liquor for sale at the grocery store or convenience store. O. Reg. 203/26, s. 1. (2) For the purposes of subsection (1), liquor is private label liquor in relation to the licensee if, (a) the liquor is of a brand in which the licensee or any affiliate of the licensee has a direct or indirect financial interest; or (b) the liquor is of a brand that is marketed under a trademark in which the licensee or any affiliate of the licensee has a direct or indirect financial interest. O. Reg. 203/26, s. 1. (2.1) The licensee shall not enter into an exclusive label arrangement. O. Reg. 203/26, s. 1. (2.2) For the purposes of subsection (2.1), an exclusive label arrangement is an arrangement between the licensee and a liquor manufacturer that restricts the liquor manufacturer’s ability to sell its liquor in stores not owned or operated by the licensee. O. Reg. 203/26, s. 1. (3) The licensee shall not enter into an agreement with a liquor manufacturer that guarantees the provision of shelf space at the grocery store or convenience store or a product listing for the manufacturer’s liquor or that guarantees any merchandising, marketing or promotional opportunities. O. Reg. 198/24, s. 18. (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 liquor manufacturer or from a person acting on the manufacturer’s behalf, including a benefit requested, demanded or received in exchange for, (a) the provision of shelf space at the grocery store or convenience store; (b) a product listing for the manufacturer’s liquor; or (c) any merchandising, marketing or promotional opportunity, including through a loyalty program or rewards marketing program described in paragraph 2 of subsection 3 (4) of Ontario Regulation 750/21 (Minimum Pricing of Liquor and Other Pricing Matters), made under the Act. O. Reg. 198/24, s. 18. (5) Subsection (4) does not apply to collaboration between a grocery store or convenience store and the holder of a manufacturer’s licence to sell 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. O. Reg. 198/24, s. 18. (6) If the licensee charges a fee to a manufacturer for providing warehousing or distribution services for liquor, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public. O. Reg. 198/24, s. 18. Distribution 84.1 The licensee must accept a distribution of liquor at the licensed grocery or convenience store and not at a warehouse or distribution centre if requested to do so by the LCBO or, in the case of a distribution made by the holder of the Brewers Retail Inc. licence or by a manufacturer, by the distributor. O. Reg. 198/24, s. 18. Must continue to be grocery store or convenience store 85. (1) The licensee shall ensure that the store continues to be a grocery store or convenience store, as the case may be, within the meaning of this Regulation. O. Reg. 198/24, s. 19. (2) For the purposes of subsection (1), liquor sold at the grocery store or convenience store is not considered to be a food product. O. Reg. 198/24, s. 19. Special rules re winery retail stores 86. (1) A licensee with a grocery store in which space for an offsite winery retail store is leased or licensed shall not, (a) before January 1, 2037, 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; and (b) on or after January 1, 2036, unilaterally terminate the lease or licence of the offsite winery retail store without giving one year’s notice, unless the termination is for default by the operator of the offsite winery retail store under the lease or licence. O. Reg. 198/24, s. 20; O. Reg. 339/24, s. 2 (1, 2). (2) If, on or after May 1, 2016, the operator of a grocery store leased or licensed space at the grocery store for an offsite winery retail store and holds a licence to operate a retail store in respect of the grocery store, no person shall, before January 1, 2036, sell wine, other than cider or ready-to-drink beverages, at the grocery store unless, (a) the sale is through an offsite winery retail store at the grocery store; (b) the sale is under a licence to operate the retail store that was originally issued as a beer and wine grocery store licence before April 1, 2024; (c) the winery that operates the offsite winery retail store has notified the Registrar in writing that the winery does not wish the lease or licence at the store to continue; or (d) the lease or licence was terminated as a result of a default by the operator of the offsite winery retail store under the lease or licence. O. Reg. 198/24, s. 20; O. Reg. 339/24, s. 2 (3). (3) If, on April 1, 2024, the operator of a grocery store leased or licensed space at the grocery store for an offsite winery retail store and did not hold a licence to operate a retail store in respect of the grocery store, no grocery store licence shall be issued in respect of the store before January 1, 2036 unless, (a) there is a wine boutique agreement in respect of the store; (b) the winery that operates the offsite winery retail store has notified the Registrar in writing that the winery does not wish the lease or licence at the store to continue; or (c) the lease or licence was terminated as a result of a default by the operator of the offsite winery retail store under the lease or licence. O. Reg. 198/24, s. 20; O. Reg. 339/24, s. 2 (4). (4) If, on April 1, 2024, the operator of a grocery store held a beer and cider licence in respect of the grocery store and did not lease or license space at the grocery store for an offsite winery retail store, no person shall sell wine, other than cider or ready-to-drink beverages, at the grocery store before January 1, 2036 except through a wine boutique at the store. O. Reg. 198/24, s. 20; O. Reg. 339/24, s. 2 (5). Sales in grocery stores and convenience stores 87. (1) The licensee may not keep for sale or sell liquor unless the liquor was, (a) purchased from the LCBO; or (b) transferred to the licensed grocery store or convenience store from another licensed grocery store or convenience store in accordance with the conditions set out in subsection (6). O. Reg. 78/26, s. 4 (1). (1.1) The licensee must comply with all terms and conditions relating to the purchase of liquor from the LCBO. O. Reg. 78/26, s. 4 (1). (2) If the licensee purchases or is transferred containers of liquor that are packaged together for consumer sale, the licensee must sell the liquor in that packaging. O. Reg. 198/24, s. 21 (1); O. Reg. 78/26, s. 4 (2). (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., 3. Revoked: O. Reg. 198/24, s. 21 (2). 4. Wine, other than cider, with an alcohol content greater than 18 per cent by volume. 5. Revoked: O. Reg. 377/24, s. 2. 6. Revoked: O. Reg. 198/24, s. 21 (2). 7. Revoked: O. Reg. 377/24, s. 2. 8. Cider with an alcohol content greater than 7.1 per cent by volume. 9. Ready-to-drink beverages with an alcohol content greater than 7.1 per cent by volume. O. Reg. 746/21, s. 87 (3); O. Reg. 198/24, s. 21 (2, 3); O. Reg. 377/24, s. 2. (4) Upon request, the LCBO shall give the licensee a list of liquor products that do not contravene subsection (3) and that it has made available for sales to grocery stores and convenience stores. O. Reg. 746/21, s. 87 (4); O. Reg. 198/24, s. 21 (4). (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. O. Reg. 746/21, s. 87 (5). (6) The conditions for the transfer of liquor referred to in clause (1) (b) are as follows: 1. The licences for both retail stores must be held by the same licensee, or by a licensee and an affiliate of the licensee, and the transfer of the liquor must 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 liquor that is to be transferred must have been previously purchased or transferred in accordance with subsections (1) and (1.1). 4. 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. 5. No remuneration may be provided for the transferred liquor. 6. The liquor must be transferred in securely closed containers. O. Reg. 78/26, s. 4 (3). Conduct of sales in grocery and convenience store 88. (1) The licensee shall ensure that all aspects of the in person sale of liquor are conducted within the retail floor space of the grocery store or convenience store. O. Reg. 339/24, s. 3. (2) If the holder of a grocery store licence permits customers to order liquor other than in person at the grocery store, the licensee must ensure that any liquor ordered is supplied from the licensee’s inventory that is stored either at the grocery store or at a distribution centre or warehouse at which the licensee stores liquor. O. Reg. 78/26, s. 5. (2.1) If the holder of a convenience store licence permits customers to order liquor other than in person at the convenience store, the licensee must ensure that any liquor ordered is supplied from the licensee’s inventory that is stored, (a) at the convenience store; or (b) if the holder satisfies the condition in subsection 72 (2), at the convenience store or at a distribution centre or warehouse at which the licensee stores liquor. O. Reg. 78/26, s. 5. (3) If liquor is ordered other than in person at the grocery store or convenience store and is to be picked up from the grocery store or convenience store by a customer, the licensee must ensure that, (a) the liquor is picked up at or immediately outside of the grocery store or convenience store by a person who is at least 19 years of age; and (b) the liquor is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day. O. Reg. 339/24, s. 3. (4) For greater certainty, if liquor is ordered other than in person at the grocery store or convenience store and is to be delivered to the customer, the general conditions for the delivery of liquor set out in section 10 (General conditions for the delivery of liquor) apply to the delivery. O. Reg. 339/24, s. 3. (5) The licensee shall not offer free or discounted merchandise contingent upon the purchase of liquor. O. Reg. 198/24, s. 22 (2). (6) Revoked: O. Reg. 198/24, s. 22 (3). Product display 89. (1) For the purposes of this section, “beer”, “cider” and “wine” do not include ready-to-drink beverages. O. Reg. 198/24, s. 23 (1). (1.1) Revoked: O. Reg. 339/24, s. 4 (1). (1.2) Revoked: O. Reg. 339/24, s. 4 (1). (2) The licensee shall ensure that products that promote the immoderate consumption of liquor are not displayed immediately adjacent to liquor. O. Reg. 339/24, s. 4 (2); O. Reg. 359/25, s. 8 (1). (2.1) Revoked: O. Reg. 339/24, s. 4 (2). (3) The licensee shall ensure that at least 20 per cent of the containers of beer on display in the grocery store or convenience store are containers of beer produced by small breweries. O. Reg. 746/21, s. 89 (3); O. Reg. 198/24, s. 23 (2). (4) The licensee shall ensure that at least 20 per cent of the containers of cider on display in the grocery store, outside of any wine boutique, or on display in the convenience store are containers of cider produced by small cideries. O. Reg.

198/24, s. 23 (3). (5) The licensee shall ensure that at least 10 per cent of the containers of wine, excluding cider, on display in the grocery store or convenience store are containers of wine produced by small wineries. O. Reg. 746/21, s. 89 (5); O. Reg. 198/24, s. 23 (4). (5.1) The licensee shall ensure that at least 20 per cent of the containers of ready-to-drink beverages on display in the grocery or convenience store are containers of beverages produced by small breweries, small distilleries or small wineries. O. Reg. 198/24, s. 23 (5). (6) If the licensee sells VQA wines in the grocery store, outside of any wine boutique, or in the convenience store, the display area must contain one or more signs indicating the availability of VQA wines for sale. O. Reg. 746/21, s. 89 (6); O. Reg. 198/24, s. 23 (6). (7) The licensee shall not sell containers of wine, excluding cider, in the grocery store, outside of any wine boutique, or in the convenience store that have a lower price, including all applicable taxes and the container deposit, if any, 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 17. 5000 61.25 O. Reg. 746/21, s. 89 (7); O. Reg. 198/24, s. 23 (7); O. Reg. 526/24, s. 2 (1); O. Reg. 359/25, s. 8 (2). (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) Revoked: O. Reg. 526/24, s. 2 (3). (10) The licensee shall ensure that at least 40 per cent of the containers of wine, excluding cider, on display in the grocery store, outside of any wine boutique, or in the convenience store 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: 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, 3); O. Reg. 198/24, s. 23 (9). (11) On request, the LCBO shall give the licensee a list of liquor products that could satisfy the obligations set out in subsections (3), (4), (5), (5.1) and (10) and that it has made available for sale to grocery stores and convenience stores. O. Reg. 198/24, s. 23 (10). Packaging 90. The licensee shall not keep for sale, offer for sale or sell liquor in a container with a volume of more than five litres. O. Reg. 198/24, s. 24. 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. (1) 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. O. Reg. 746/21, s. 93. (2) 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. O. Reg. 198/24, s. 25. No operation within sales area of grocery store without wine boutique endorsement 94. The licensee shall not operate an offsite winery retail store within the sales area of a grocery store unless the licence has a wine boutique endorsement. O. Reg. 746/21, s. 94; O. Reg. 198/24, s. 26. Wine Boutique Sales Agent Endorsements Application 95. It is a condition of every grocery store licence with a wine boutique sales agent endorsement that the licensee comply with sections 96 to 97. O. Reg. 746/21, s. 95; O. Reg. 198/24, s. 27. Sale of wine 96. (1) The licensee shall ensure that, (a) all sales from any wine boutique in the grocery store are conducted by the operator of the grocery store acting as agent for the licensee that holds the applicable wine boutique endorsement; and (b) wine, other than cider and ready-to-drink beverages, is not sold at the grocery store except through the wine boutique. O. Reg. 746/21, s. 96 (1); O. Reg. 198/24, s. 28 (3); O. Reg. 339/24, s. 5 (1); O. Reg. 359/25, s. 9 (1). (2) A licensee that permits customers to order wine other than in person at the grocery store must ensure that any wine ordered is supplied from the licensee’s inventory that is stored at the wine boutique. O. Reg. 359/25, s. 9 (2). (2.1) If wine is ordered other than in person at the grocery store and is to be picked up from the grocery store by a customer, the licensee must ensure that, (a) the wine is picked up at or immediately outside of the grocery store by a person who is at least 19 years of age; and (b) the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day. O. Reg. 339/24, s. 5 (2). (3) The licensee shall not do any of the following things: 1., 2. Revoked: O. Reg. 198/24, s. 28 (1). 3. Offer free or discounted merchandise contingent upon the purchase of wine. O. Reg. 746/21, s. 96 (3). (4) Revoked: O. Reg. 198/24, s. 28 (2). 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 grocery store; and (b) the name of the wine boutique is prominently displayed in the boutique and is distinct from the name of the grocery store. O. Reg. 746/21, s. 97; O. Reg. 198/24, s. 29. 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. The licensee may not acquire VQA wine produced by a different licensee for sale in the store except from the LCBO and the licensee shall comply with all terms and conditions relating to the sale. O. Reg. 198/24, s. 30. Conduct of sales, wine boutique endorsement 100. (1) A licensee that permits customers to order wine other than in person at the grocery store at which the wine boutique is located must ensure that any wine ordered is supplied from the licensee’s inventory that is stored at that wine boutique. O. Reg. 359/25, s. 10. (2) If wine is ordered other than in person at the grocery store and is to be picked up from the grocery store by a customer, the licensee must ensure that, (a) the wine is picked up at or immediately outside of the grocery store by a person who is at least 19 years of age; and (b) the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day. O. Reg. 339/24, s. 6. (3) The licensee shall not do any of the following things: 1.,2. Revoked: O. Reg. 198/24, s. 31 (2). 3. Offer free or discounted merchandise contingent upon the purchase of wine. O. Reg. 746/21, s. 100 (3). (4) Revoked: O. Reg. 198/24, s. 31 (3). 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. Ready-to-drink beverages. 3. Cider with an alcohol content greater than 7.1 per cent by volume. O. Reg. 746/21, s. 101 (1); O. Reg. 198/24, s. 32 (1). (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. O. Reg. 746/21, s. 101 (2). (3) The licensee shall ensure that, (a) the wine offered for sale is displayed in a single contiguous product display area within the boutique; and (b) any other products displayed in the contiguous product display area are products from the grocery store that do not promote the immoderate consumption of liquor and that are displayed by the holder of the wine boutique sales agent endorsement for the purpose of cross-promotion with the wine. O. Reg. 746/21, s. 101 (3); O. Reg. 198/24, s. 32 (2); O. Reg. 359/25, s. 11. (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. O. Reg. 746/21, s. 101 (4). (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. O. Reg. 746/21, s. 101 (5). (6) The licensee shall ensure that the product display area contains one or more signs indicating that VQA wines are available for sale. O. Reg. 746/21, s. 101 (6). (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. O. Reg. 746/21, s. 101 (7). (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. O. Reg. 746/21, s. 101 (8). (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. O. Reg. 746/21, s. 101 (9). (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. O. Reg. 746/21, s. 101 (10). (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 wine boutiques. O. Reg. 746/21, s. 101 (11); O. Reg. 198/24, s. 32 (3). 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. The licensee shall not keep for sale, offer for sale or sell liquor in a container with a volume of more than five litres. O. Reg. 198/24, s. 33. 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. O. Reg. 746/21, s. 106 (1). (2) The licensee may sell beer only through its retail stores or to the LCBO. O. Reg. 359/25, s. 12. (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. 3. Cider purchased from the LCBO with an alcohol content that is not greater than 7.1 per cent by volume. O. Reg. 746/21, s. 106 (3); O. Reg. 198/24, s. 34 (1). (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. O. Reg. 746/21, s. 106 (4). (5) The licensee may not sell tobacco. O. Reg. 198/24, s. 34 (2). (6) Revoked: O. Reg. 198/24, s. 34 (2). 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. (1) The following classes are established for a licence to deliver: 1. General delivery licence. 2. Affiliate delivery licence. O. Reg. 78/26, s. 6. (2) A licence to deliver that was issued before the day section 7 of Ontario Regulation 78/26 came into force is continued as a general delivery licence. O. Reg. 78/26, s. 6. 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. Ineligibility Criteria Affiliate delivery licences 111.1 An applicant is not eligible for an affiliate delivery licence unless, (a) the applicant is affiliated with a holder of a grocery store licence or a convenience store licence that satisfies the condition in subsection 72 (2); and (b) the applicant operates a business consisting primarily of the delivery, or the sale and delivery, of products that are available for sale at, (i) a grocery store, in the case of an applicant who is affiliated with the holder of a grocery store licence, or (ii) a convenience store, in the case of an applicant who is affiliated with the holder of a convenience store licence. O. Reg. 78/26, s. 7. General Delivery Licence Conditions Application 112. It is a condition of every general delivery licence that the licensee comply with sections 113 to 114; O. Reg. 746/21, s. 112; O. Reg. 78/26, s. 8. 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. O. Reg. 746/21, s. 113 (1). (2) Revoked: O. Reg. 198/24, s. 35 (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. O. Reg. 746/21, s. 113 (3). (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. O. Reg. 746/21, s. 113 (4). (5) Subsection (4) does not apply to a benefit received by the licensee from the operator of a retail store, other than a grocery store or convenience store, or of a wine boutique, 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 grocery store licence or convenience store licence. O. Reg. 746/21, s. 113 (5); O. Reg. 198/24, s. 35 (2, 3). (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. O. Reg. 746/21, s. 113 (6). Delivery of liquor under general delivery licence 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). Affiliate Delivery Licence Conditions Application 114.1 It is a condition of every affiliate delivery licence that the licensee comply with sections 114.2 and 114.3. O. Reg. 78/26, s. 9. Purchase of liquor 114.2 (1) For the purposes of this section and section 114.3, (a) a licensee is affiliated with a licensed grocery store if an affiliate of the licensee holds the grocery store licence; and (b) a licensee is affiliated with a licensed convenience store if an affiliate of the licensee holds the convenience store licence. O. Reg. 78/26, s. 9. (2) The licensee shall ensure that liquor that is delivered under the licence is, (a) purchased only from a grocery store or convenience store with which it is affiliated; and (b) obtained only from, (i) the affiliated grocery store or affiliated convenience store from which the liquor was purchased, or (ii) inventory held by the licensee on behalf of the affiliated grocery store or affiliated convenience store from which the liquor was purchased. O. Reg. 78/26, s. 9. (3) The licensee shall ensure that liquor is not purchased before an order for it is placed by a customer. O. Reg. 78/26, s. 9. (4) 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). O. Reg. 78/26, s. 9. Financial relationships 114.3 (1) The licensee shall not take or solicit orders for a brand of liquor or deliver a brand of liquor 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. O. Reg. 78/26, s. 9. (2) The licensee shall not enter into an agreement with a liquor manufacturer that restricts the manufacturer’s ability to sell its liquor in stores. O. Reg. 78/26, s. 9. (3) The licensee shall not enter into an agreement with a liquor manufacturer that guarantees a product listing for the manufacturer’s liquor or that guarantees any merchandising, marketing or promotional opportunities. O. Reg. 78/26, s. 9. (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 liquor manufacturer or from a person acting on the manufacturer’s behalf, including a benefit requested, demanded or received in exchange for, (a) a product listing for the manufacturer’s liquor; or (b) any merchandising, marketing or promotional opportunity, including through a loyalty program or rewards marketing program described in paragraph 2 of subsection 3 (4) of Ontario Regulation 750/21 (Minimum Pricing of Liquor and Other Pricing Matters) made under the Act. O. Reg. 78/26, s. 9. (5) Subsection (4) does not apply to collaboration between the licensee and the holder of a manufacturer’s licence to sell 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. O. Reg. 78/26, s. 9. (6) If the licensee charges a fee to a manufacturer for providing warehousing or distribution services for liquor, the fee must be calculated in the same manner for all manufacturers and the fee schedule must be available to the public. O. Reg. 78/26, s. 9. 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 a grocery store for the purpose of providing samples to customers of the store, or iii. in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of a 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; O. Reg. 198/24, s. 36. 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 a grocery store for the purpose of providing samples to customers of the store. O. Reg. 746/21, s. 130 (1); O. Reg. 198/24, s. 37 (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, 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 a grocery store for the purposes of providing samples to customers of the store. O. Reg. 746/21, s. 130 (2); O. Reg. 198/24, s. 37 (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 a grocery store for the purpose of providing samples to customers of the store, or iii. in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of a 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); O. Reg. 198/24, s. 37 (3, 4). (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 for a fee 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); O. Reg. 339/24, s. 7. 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. O. Reg. 746/21, s. 132 (1). (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. O. Reg. 746/21, s. 132 (2). (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 grocery store licence or convenience store licence. O. Reg. 746/21, s. 132 (3); O. Reg. 198/24, s. 38 (1). (4) Subsection (3) does not apply to collaboration between a grocery store or convenience store and the holder of a manufacturer’s licence to sell 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. O. Reg. 746/21, s. 132 (4); O. Reg. 198/24, s. 38 (2). 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) Revoked: O. Reg. 359/25, s. 13 (1). (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). O. Reg. 746/21, s. 136 (1); O. Reg. 359/25, s. 13 (1). (2) A licensee may sell a beverage other than beer in accordance with the conditions set out in clause (1) (a) or (b) 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. O. Reg. 746/21, s. 136 (2); O. Reg. 359/25, s. 13 (2). (3), (4) Revoked: O. Reg. 359/25, s. 13 (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). O. Reg. 746/21, s. 138 (1). (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. O. Reg. 746/21, s. 138 (2); O. Reg. 203/26, s. 2. (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. O. Reg. 746/21, s. 138 (3). (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. O. Reg. 746/21, s. 138 (4). 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 at which samples may be provided; 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. O. Reg. 746/21, s. 139; O. Reg. 198/24, s. 39. 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. O. Reg. 746/21, s. 140 (1). (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. O. Reg. 746/21, s. 140 (2). (3) Before January 1, 2031, beer may be distributed in accordance with this section only if the conditions set out in section 141 (Distribution of beer) are met. O. Reg. 746/21, s. 140 (3); O. Reg. 198/24, s. 40. 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 300,000 hectolitres in the preceding production 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 distributes liquor on behalf of a licensee and that is not licensed under the Act. (“tiers fournisseur de services”) O. Reg. 198/24, s. 41. (2) Subject to subsection (4), the holder of a brewery licence may distribute its own beer or beer manufactured by its affiliates. O. Reg. 198/24, s. 41. (3) Subject to subsection (4), the holder of a brewery licence may use a third-party service provider or a holder of a manufacturer’s licence to sell, other than a brewery licence held by a non-eligible brewer, to distribute its beer, including in a pooled distribution, as long as no products other than liquor or non-liquor beverages are included in the shipment in which the beer is distributed. O. Reg. 198/24, s. 41. (4) If the holder of a brewery licence is not an eligible brewer, (a) the licensee shall not distribute more than 300,000 hectolitres of its beer to holders of a liquor sales licence, a grocery store licence or a convenience store licence in a production year other than through a distribution performed by the holder of the Brewers Retail Inc. licence pursuant to section 107, regardless of whether the beer is distributed by the licensee, an affiliate, a third-party service provider or the holder of a manufacturer’s licence to sell; (b) the licensee shall not distribute beer manufactured by a brewer with which it is not affiliated; and (c) the licensee shall not distribute beer in a pooled distribution unless the distribution is performed by the holder of the Brewers Retail Inc. licence pursuant to section 107. O. Reg. 198/24, s. 41. 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. O. Reg. 746/21, s. 144 (1). (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. O. Reg. 746/21, s. 144 (2). (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. O. Reg. 746/21, s. 144 (3). (3.1) Despite subparagraph 3 ii of subsection (3), the holder of a winery licence may sell, under a winery retail store endorsement, (a) wine at a retail store located on a production site that was eligible to be sold at a retail store located on a different production site that used to be operated by the licensee; and (b) wine that was transferred to the holder of the winery licence in accordance with section 144.1. O. Reg.165/25, s. 1. (3.2) Clause (3.1) (a) applies only if, before selling the wine, the holder of a winery licence gives written notice to the Registrar, within the time and in the form and manner specified by the Registrar, stating that the wine has been moved from the production site that used to be operated by the licensee to the current production site. O. Reg.165/25, s. 1. (3.3) Despite paragraph 4 of subsection (3), the holder of a winery licence may sell, under a winery retail store endorsement, (a) sake at a retail store located on a production site that was eligible to be sold at a retail store located on a different production site that used to be operated by the licensee; and (b) sake that was transferred to the holder of the winery licence in accordance with section 144.1. O. Reg.165/25, s. 1. (3.4) Clause (3.3) (a) applies only if, before selling the sake, the holder of a winery licence gives written notice to the Registrar, within the time and in the form and manner specified by the Registrar, stating that the sake has been moved from the production site that used to be operated by the licensee to the current production site. O. Reg.165/25, s. 1. (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. O. Reg. 746/21, s. 144 (4). (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). O. Reg. 746/21, s. 144 (5). (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. O. Reg. 746/21, s. 144 (6). (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. O. Reg. 746/21, s. 144 (7). Wine transfer 144.1 The holder of a winery licence may, under a winery retail store endorsement, transfer wine, including sake, to another holder of a winery licence if the following conditions are met: 1. The type of wine to be transferred is a type of wine that the Registrar has specified can be sold under the winery retail store endorsement held by the licensee receiving the wine under paragraph 1 of subsection 144 (3). 2. Both licensees are corporations with at least one shareholder in common. 3. The licensee transferring the wine holds a winery retail store endorsement for the production site from which the wine is transferred. 4. The wine to be transferred was eligible to be sold under the winery retail store endorsement at the retail store located on the production site of the licensee transferring the wine. 5. The licensee transferring the wine has submitted a request to the Registrar to cancel the manufacturer’s licence to sell. 6. Before the wine is transferred, the licensee transferring the wine gives written notice of the transfer to the Registrar within the time and in the form and manner specified by the Registrar. 7. No remuneration shall be provided for the transferred wine. 8. The licence of either licensee is not under suspension and no proposal to revoke or suspend either licence has been issued. O. Reg.165/25, s. 2. 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 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) Revoked: 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). (11) This section does not apply if the licensed premises is a large quadricycle. O. Reg. 145/25, s. 11. Temporary outdoor physical extensions, on reserve by Registrar 153.2 (1) Revoked: O. Reg. 198/24, s. 42. (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. O. Reg. 746/21, s. 154 (1). (2) The licence transfer described in subsection (1) is not required for the Brewers Retail Inc. licence. O. Reg. 746/21, s. 154 (2); O. Reg. 198/24, s. 43. (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. O. Reg. 746/21, s. 154 (3). (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. O. Reg. 746/21, s. 154 (4). (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. O. Reg. 746/21, s. 154 (5). 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. O. Reg. 746/21, s. 155 (1). (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 (6) 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. O. Reg. 746/21, s. 155 (2); O. Reg. 198/24, s. 44 (1). (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. O. Reg. 746/21, s. 155 (3). (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. O. Reg. 746/21, s. 155 (4). (5) Revoked: O. Reg. 198/24, s. 44 (2). (6) The Registrar shall not transfer a grocery store licence or convenience store licence in accordance with this section unless the transfer is to the purchaser of the grocery store or convenience store to which the licence applies. O. Reg. 198/24, s. 44 (3). (7), (8) Revoked: O. Reg. 198/24, s. 44 (4). (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. O. Reg. 746/21, s. 155 (9). (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. O. Reg. 746/21, s. 155 (10). 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., 2. Revoked: O. Reg. 198/24, s. 45 (1). 3. An offsite winery retail store licence. O. Reg. 746/21, s. 156 (1); O. Reg. 198/24, s. 45 (1). (2) 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. O. Reg. 746/21, s. 156 (2); O. Reg. 198/24, s. 45 (2). (3) Revoked: O. Reg. 198/24, s. 45 (3). 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 Revoked: O. Reg. 198/24, s. 46.