Registrar’s Interim Standards and Requirements for Liquor

Last Updated: 
2022-05-02

Introduction

The Liquor Licence and Control Act, 2019 (LLCA) came into force on November 29, 2021. It provides the Registrar with the authority to establish standards and requirements in the following areas of liquor regulation:

  • The responsible sale, wholesale, supply, delivery, and consumption of liquor
  • Training related to the responsible sale, wholesale, supply, delivery and consumption of liquor
  • Addressing unlawful activities in licensed or permitted premises
  • Licensed and permitted premises, accommodation, equipment and facilities
  • Advertising and promotional activities
  • Keeping of records, including financial records
  • Other matters related to the conduct of licensees and permit holders or the operation of licensed or permitted premises

These standards are set out in this document, the Registrar’s Interim Standards and Requirements for Liquor (Interim Standards). Licensees and permit holders are responsible for meeting all Interim Standards that apply to their licence type or permit type, as well as all applicable laws and regulations, including the LLCA and regulations thereunder.

To help understand which Interim Standards apply to you, you can search the Interim Standards by licence, permit or endorsement type.

The Interim Standards contain:

  • Certain provisions that were contained in regulations under the previous Liquor Licence Act and Liquor Control Act;
  • Requirements that were previously included in Registrar policy; and
  • New standards that are applicable to newly permissible activities and new areas of AGCO regulation.

The objective of a standards-based regulatory model is to shift the focus from requiring licensees to comply with a specific set of rules or processes, toward the broader regulatory outcome or objectives they are expected to achieve. Since there may be many ways for a licensee to meet a Standard, licensees have the flexibility to determine what works best for their business, thereby strengthening regulatory outcomes without needlessly burdening regulated entities.

Because these Interim Standards contain provisions from the previous regulatory regime, this document will be reviewed and revised regularly. This review process will include the engagement of stakeholders in the development of permanent standards, to ensure that regulatory risks associated with the sale, service and delivery of liquor are effectively mitigated, while providing flexibility for liquor sector businesses.

Definitions

Words and phrases in these Interim Standards and Requirements shall have the same meaning as in the Liquor Licence and Control Act, 2019 and the Regulations made thereunder unless indicated otherwise.

“Act” means the Liquor Licence and Control Act, 2019.

“advertising” means any public notice, representation, or activity, including promotional and marketing activities, that is intended to attract attention to liquor, the brand name of liquor, the name of the premises where liquor is available, or the name under which the Licensee carries on business, and “advertise” and “advertisement” have corresponding meanings.

AGCO” means the Alcohol and Gaming Commission of Ontario, as continued under the Alcohol and Gaming Commission of Ontario Act, 2019.

“Board” means the means the board of the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019.

“casino” means premises maintained for the purpose of playing or operating a lottery scheme as defined in subsection 207 (4) of the Criminal Code (Canada) that is conducted and managed by the Ontario Lottery and Gaming Corporation, except if the Corporation shares any portion of the profits from the lottery scheme with charitable organizations.

“liquor” means beer, wine and/or spirits or any combination thereof.

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of a type of liquor or of the consumption of liquor.

“Registrar” means the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019.

“sample” means a small serving of liquor provided to a person for the purpose of promoting a product, conducting market research on that product, or providing education about the product.

Applicable Interim Standards and Requirements by Licence, Endorsement or Permit Type

Below is a list showing which Interim Standards and Requirements apply to which licence, endorsement and/or permit type.

Liquor Sales

  • Liquor Sales Licence
    • All premises: 1.1, 1.2, 1.6, 1.8, 1.10, 2.1, 2.2, 3.2, 4.1, 5.1, 5.3, 5.6, 5.9, 5.11, 5.12, 5.13, 6.1, 6.2, 6.3, 7.1, 7.3, 7.13, 7.15, 7.18
    • Premises that is not a Casino: 5.4
    • Premises that is a Casino: 5.5
  • Mini Bar Licence
    • 1.6, 1.8, 2.1, 4.1, 6.5, 7.4
  • Brew Pub Endorsement to a Liquor Sales Licence
    • 7.2
  • Wine Pub Endorsement to a Liquor Sales Licence
    • 7.2
  • Caterer’s Endorsement to a Liquor Sales Licence
    • 2.3, 4.1, 7.1, 7.14
  • Room Service Endorsement to a Liquor Sales Licence
    • 4.1
  • Mini Bar Endorsement to a Liquor Sales Licence
    • 1.6, 1.8, 4.1, 6.5, 7.4
  • Golf Course Endorsement to a Liquor Sales Licence
    • 4.1, 5.10
  • Bring-Your-Own-Wine Endorsement to a Liquor Sales Licence
    • No Interim Standards or Requirements apply to this Endorsement

 Retail

  • Beer And Cider Grocery Store Licence
    • 1.2, 2.1, 3.7, 4.1, 5.14, 6.6, 6.7, 7.5
  • Wine Boutique Sales Agent Endorsement to a Beer and Cider Grocery Store Licence
    • 4.1, 5.14, 7.5
  • Beer And Wine Grocery Store Licence
    • 1.2, 2.1, 3.7, 4.1, 5.14, 6.6, 6.7, 7.5
  • Offsite Winery Retail Store Licence
    • 2.1, 4.1, 5.14, 7.19, 7.23
  • Wine Boutique Endorsement to an Offsite Winery Retail Store Licence
    • 1.2, 3.7, 4.1, 5.14
  • Brewers Retail Inc. Licence
    • 2.1, 5.14, 7.19, 7.23, 8.2

Licence to Deliver

  • 1.1, 1.3, 1.8, 1.9, 2.1, 4.1, 5.8, 6.8, 7.16, 7.17, 7.20, 7.21, 7.22

Licence to Operate a Ferment on Premises Facility

  • 1.1, 1.2, 1.6, 1.8, 2.1, 2.4, 7.12

Licence to Represent a Manufacturer

  • 2.1, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 5.6, 6.9, 7.10

Manufacturers

  • Brewery Licence
    • 2.1, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 5.6, 7.6, 7.7, 7.8, 7.9
  • Distillery Licence
    • 2.1, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 5.6, 7.6, 7.7, 7.8, 7.9
  • Winery Licence
    • 2.1, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 5.6, 7.6, 7.7, 7.8, 7.9
  • By the Glass Endorsement to a Brewery Licence
    • 1.1, 1.2, 1.6, 1.8, 1.10, 2.2, 4.1, 5.1, 5.3, 5.4, 5.6, 5.9, 5.11, 5.12, 5.13, 6.1, 6.3, 7.1, 7.3, 7.15, 7.18
  • By the Glass Endorsement to a Distillery Licence
    • 1.1, 1.2, 1.6, 1.8, 1.10, 2.2, 4.1, 5.1, 5.3, 5.4, 5.6, 5.9, 5.11, 5.12, 5.13, 6.1, 6.3, 7.1, 7.15, 7.18
  • By the Glass Endorsement to a Winery Licence
    • 1.1, 1.2, 1.6, 1.8, 1.10, 2.2, 4.1, 5.1, 5.3, 5.4, 5.6, 5.9, 5.11, 5.12, 5.13, 6.1, 6.3, 7.1, 7.15, 7.18
  • Caterer’s Endorsement to a Brewery Licence 

    • 2.1, 2.3, 4.1, 6.1, 6.2, 7.1, 7.3, 7.14

  • Caterer’s Endorsement to a Distillery Licence 

    • 2.1, 2.3, 4.1, 6.1, 6.2, 7.1, 7.3, 7.14

  • Caterer’s Endorsement to a Winery Licence

    • 2.1, 2.3, 4.1, 6.1, 6.2, 7.1, 7.3, 7.14

  • Temporary Extension Endorsement to a Brewery Licence
    • 1.4, 4.1, 8.1
  • Temporary Extension Endorsement to a Distillery Licence
    • 1.4, 4.1, 8.1
  • Temporary Extension Endorsement to a Winery Licence
    • 1.4, 4.1, 8.1
  • Delivery Endorsement to a Brewery Licence
    • 4.1, 6.8, 7.20
  • Delivery Endorsement to a Distillery Licence
    • 4.1, 6.8, 7.20
  • Delivery Endorsement to a Winery Licence
    • 4.1, 6.8, 7.20
  • Brewery Retail Store Endorsement to a Brewery Licence
    • 1.6, 1.8, 4.1, 5.14, 7.19, 7.23, 8.1
  • Distillery Retail Store Endorsement to a Distillery Licence
    • 1.6, 1.8, 4.1, 5.14, 7.19, 7.23, 8.1
  • Winery Retail Store Endorsement to a Winery Licence
    • 1.6, 1.8, 4.1, 5.14, 7.19, 7.23, 8.1, 8.3

Permits

  • Sale Special Occasion Permit
    • 1.5, 1.7, 2.1, 5.2, 5.3, 5.7, 5.9, 5.11, 5.13, 6.1, 6.2, 6.4, 6.10, 7.11
  • No-Sale Special Occasion Permit
    • 1.5, 1.7, 2.1, 5.7, 5.11, 5.13, 6.1, 6.2, 6.4, 6.10, 7.11
  • Sale Tailgate Permit
    • 1.5, 1.7, 2.1, 5.2, 5.3, 5.7, 5.9, 5.11, 5.13, 6.1, 6.2, 6.4, 6.10, 7.11
  • No-Sale Tailgate Permit
    • 1.5, 1.7, 2.1, 5.7, 5.11, 5.13, 6.1, 6.2, 6.10
  • Auction Permit
    • 1.5, 2.1, 5.15, 6.4, 6.10, 7.24

1. Administrative Requirements

#

Applicable to  

Interim Standard or Requirement

1.1

Liquor Sales Licence

 

Licence to Deliver

 

Licence to Operate a Ferment on Premises Facility

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Business Name

Licensees shall not carry on business under a name other than the name set out on the licence unless the Registrar has approved the Licensee operate under a different name.

1.2

Liquor Sales Licence

 

Licence to Operate a Ferment on Premises Facility

 

Beer and Wine Grocery Store Licence

 

Beer and Cider Grocery Store Licence

 

Wine Boutique Endorsement to an Offsite Winery Retail Store Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Posting of Licence or Endorsement

Licensees shall post their licence and any endorsements in a conspicuous place in the licensed premises, retail store or Wine Boutique.

1.3

Licence to Deliver

 

Carry Copy of Licence

Licensees shall ensure that the Licensee, and any employees and contractors of the Licensee, carry a copy of the licence at all times during the purchase and delivery of liquor and that their licence is readily available for inspection.

1.4

Temporary Extension Endorsement to a Brewery Licence

 

Temporary Extension Endorsement to a Distillery Licence

 

Temporary Extension Endorsement to a Winery Licence

Availability of Temporary Extension Endorsement

Licensees shall ensure that their Temporary Extension Endorsement is readily available for inspection while engaging in sales at a farmers’ market or industry promotional event.

1.5

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

No-Sale Tailgate Permit

 

Auction Permit

Posting of Permit

Permit Holders shall ensure that, for the duration of an event or activity at a permitted premises, the signed permit is posted in a conspicuous place on the permitted premises or kept in a place where it is readily available for inspection, except in the case of an auction that is conducted wholly or partly online.

In the case of an auction that is conducted wholly or partly online, Permit Holders shall ensure that the permit number is posted on the website or other online platform on which the auction is conducted for the duration of the online portion of the auction.

1.6

Liquor Sales Licence

 

Mini Bar Licence

 

Mini Bar Endorsement to a Liquor Sales Licence

 

Licence to Operate a Ferment on Premises Facility

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

Posting of Notice of Suspension

If a licence is suspended, the Licensee shall post a sign provided by the Registrar concerning the suspension on the licensed premises in a conspicuous place that is visible from the exterior of the premises.

The Licensee shall ensure that the sign remains posted throughout the suspension.

1.7

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

Posting of Levy Receipt

Permit Holders shall ensure that the levy receipt for liquor purchased, if any, is readily available for inspection.

1.8

Liquor Sales Licence

 

Mini Bar Licence

 

Mini Bar Endorsement to a Liquor Sales Licence

 

Licence to Deliver

 

Licence to Operate a Ferment on Premises Facility

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

Surrender of Licence on Cessation of Business Operations

Licensees who cease to operate the business to which the licence or endorsement applies shall immediately request removal of the endorsement from the licence, or surrender the licence to the Registrar, unless an application is made to transfer the licence.

1.9

Licence to Deliver

Change of Business Address

Licensees whose business address changes shall immediately notify the Registrar of the new address.

1.10

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Alteration of Premises Boundaries

Licensees shall not alter the boundaries of the premises to which the licence applies without the Registrar’s prior approval.

2. Advertising and Promotions

#

Applicable to  

Interim Standard or Requirement

2.1

All Licensees

 

All Permit-Holders

Compliance with Advertising Guidelines

Except for public service advertising, no one may advertise or promote liquor or the availability of liquor unless the advertising is conducted in accordance with the guidelines related to advertising issued by the Registrar, as they are amended from time to time. These guidelines are appended to these Interim Standards as Appendix 2.

2.2

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Use of Premises Name in Film or Television

When a licensed premises is used as a setting for a film or television production, the Licensee may show the name of the licensed premises if the depiction of the premises complies with the Licensee’s obligations.

2.3

Caterer’s Endorsement to a Liquor Sales Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

No Promotion of Catered Events

The Licensee shall not:

  1. promote an event at which the Licensee is offering liquor for sale in accordance with the endorsement; or
  2. invite persons to attend such an event.
2.4

Licence to Operate a Ferment on Premises Facility

No Advertisement of Sale at Ferment on Premises

The Licensee shall ensure that no patron advertises, on the licensed premises, beer or wine for sale or exchange.

3. Sampling

#

Applicable to

Interim Standard or Requirement

3.1

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

 

Product Sampling by a Manufacturer to Patrons in a Licensed Establishment

Where a manufacturer or its representative are purchasing liquor from the holder of a liquor sales licence for a patron to sample the manufacturer’s product on the licensed premises, the manufacturer or its representative shall:

 

Purchase an individual serving of liquor for a patron and not a round for the house.

 

Purchase the sample from the liquor sales licensee at the full menu price. Where the manufacturer purchases samples from the liquor sales licensee which are one half the size of servings listed on the menu, or less, manufacturer or its representative must purchase the sample at no less than one half the menu price for the full serving.

 

The manufacturer or its representative must remain in the licensed premises while the liquor sales licensee or its staff serve samples to patrons.

 

The manufacturer or its representative may not pay the liquor sales licensee or its staff to purchase or sample drink(s) for patrons.

3.2

Liquor Sales Licence

Product Sampling by a Manufacturer to Patrons in a Licensed Establishment

Where a manufacturer or its representative are purchasing liquor from the holder of a liquor sales licence for a patron to sample the manufacturer’s product on the licensed premises, the liquor sales licensee or its staff must serve the sample to a patron and remain responsible for compliance with all aspects of the Act, the regulations and the Interim Standards established by the Registrar.  

3.3

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

 

Off Premises Product Sampling by a Manufacturer to a Liquor Sales Licensee

Where a manufacturer gives liquor to a liquor sales licensee or its employees to sample outside the licensed premises, the manufacturer shall:

 

Ensure that the liquor sales licensee has not have stocked the manufacturer’s brand in the last twelve (12) months.

 

Provide the liquor in sealed containers.

 

In a one-year period, provide no more than the following amounts of any individual brand of liquor to a liquor sales licensee or its employees:

  • 48 (355ml) bottles of beer or cooler, or equivalent
  • 10 (750ml) bottles of wine, or equivalent
  • 3 (750ml) bottles of spirits, or equivalent

 

Maintain records of the sampling activity for a minimum of one (1) year and make those records available to the Registrar upon request.

 

Provide prior notice of sampling activities to the Registrar upon request.

3.4

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

Product Sampling by a Manufacturer to a Liquor Sales Licensee on the Licensed Premises

Where a manufacturer or manufacturer’s representative brings liquor onto the premises of a liquor sales licensee for the purposes of sampling by the liquor sales licensee or its employees, the sampling must be conducted in the presence of the manufacturer or its representative.

 

3.5

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

 

Product Sampling by a Manufacturer to Individuals

Where a manufacturer or a manufacturer’s representative gives liquor to an individual to sample, the manufacturer or its representative shall:

 

Distribute the sample or a voucher/coupon for a sample to the individual in person.

 

If the manufacturer or its representative provides a coupon/voucher for a sample of liquor, ensure that the coupon/voucher may be redeemed only at an LCBO store, a manufacturer’s retail store, or a Brewers Retail Inc. store.

 

Ensure that the size of a sample for any one individual does not exceed:

  • 6 (355ml) bottles of beer or cooler, or equivalent
  • 1 (750ml) bottle of wine, or equivalent
  • 1 (375ml) bottle of spirits, or equivalent

3.6

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

Product Sampling under Industry Promotional Event Special Occasion Permit

Where a manufacturer or its representatives are providing samples at an industry promotional event, the manufacturer or its representatives shall:

 

Ensure that sampling is supervised by licensed representatives of manufacturers, manufacturer’s employees or event organizers acting on behalf of either.

 

In a case where an event organizer has the approval of a manufacturer or licensed representative of a manufacturer to conduct sampling at the industry promotional event, the event organizer shall retain a copy of that approval.

3.7

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

 

Wine Boutique Endorsement to an Offsite Winery Retail Store Licence

Product Sampling to Patrons of a Grocery Store or Wine Boutique

Where a licensed grocery store or wine boutique or a manufacturers’ representatives offer samples to patrons of that store, the Licensee offering the samples must:

 

Provide samples only within a designated area that is adjacent to liquor display area within the grocery store or wine boutique.

 

Purchase all products used for the sampling from the licensed grocery store or wine boutique.

 

Retain all receipts of beer, wine and cider purchased for sampling, and make a record of any beer, wine or cider remaining at the conclusion of the sampling. These records must be provided to the Registrar on request.

 

4. Responsible Sale, Service and Delivery Training

#

Applicable to   

Interim Standard or Requirement

4.1

Liquor Sales Licence

 

Mini Bar Licence

 

Mini Bar Endorsement to a Liquor Sales Licence

 

Golf Course Endorsement to a Liquor Sales Licence

 

Caterer’s Endorsement to a Liquor Sales Licence

 

Room Service Endorsement to a Liquor Sales Licence

 

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

 

Wine Boutique Sales Agent Endorsement to a Beer and Cider Grocery Store Licence

 

Offsite Winery Retail Store Licence

 

Wine Boutique Endorsement to an Offsite Winery Retail Store Licence

 

Licence to Represent a Manufacturer

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

 

Licence to Deliver

 

Temporary Extension Endorsement to a Brewery Licence

 

Temporary Extension Endorsement to a Distillery Licence

 

Temporary Extension Endorsement  Winery Licence

 

Delivery Endorsement to a Brewery Licence

 

Delivery Endorsement to a Distillery Licence

 

Delivery Endorsement to a Winery Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

 

Persons conducting and supervising activities under an educational exemption

 

Completion of Training

All Licensees shall ensure that the following persons hold a valid certificate demonstrating the successful completion of a training course approved by the Board:

  • Every person involved in the sale, service, sampling or delivery of liquor or in taking orders for the sale of liquor;
  • Security staff whom the Licensee employs or, in the case of a stadium, uses; and
  • Employees involved in the sale and service of liquor from motorized vending carts, as well as course marshals, for Golf Course Endorsement holders.

 

5. Safe and Responsible Sale, Service and Delivery of Liquor

#

Applicable to  

Interim Standard or Requirement

5.1

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Posting of Pricing and Menus

Licensees shall make lists available to, or shall post lists in locations visible to, persons on the licensed premises describing,

  1. the varieties of liquor available for sale;
  2. the amount of liquor in each type of drink offered for sale;
  3. the varieties of non-alcoholic beverages available for sale; and
  4. the purchase price of the liquor and the non-alcoholic beverages.  

5.2

Sale Special Occasion Permit

 

Sale Tailgate Permit

Consistent Drink Pricing

Permit Holders shall ensure that the price of liquor or a drink containing liquor is the same during all hours of operation of the event.

5.3

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Sale Special Occasion Permit

 

Sale Tailgate Permit

No Minimum Purchases

Licensees or Permit Holders shall not require a person to purchase a minimum number of drinks in order to gain entry to, or remain on, the premises to which the licence or permit applies.

5.4

Liquor Sales Licence for a Premises that is not a Casino

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

No Advertising of Complimentary Liquor

Licensees shall not advertise the availability of complimentary liquor or supply complimentary servings of liquor except in circumstances that are consistent with not encouraging the immoderate consumption of liquor and except for the purpose of customer relations.

5.5

Liquor Sales Licence for a Premises that is a Casino

Advertising of Complimentary Liquor at a Casino

If the licensed premises are a casino, the Licensee shall not,

 

  1. advertise the availability of complimentary liquor except if there is a sign prominently displayed in the areas of the premises where liquor is sold, served or consumed that warns of the dangers of overconsumption of liquor; and
  2. supply complimentary servings of liquor except in circumstances that are consistent with not encouraging the immoderate consumption of liquor.
5.6

Liquor Sales Licence

 

Licence to Represent a Manufacturer

 

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

No Contests or Prizes Involving Liquor

Licensees shall not permit contests on the licensed premises which involve the purchase or consumption of liquor.

 

Licensees shall not permit contests which require a person to remain on the premises in order to receive a prize except in the case of break open tickets, raffles and bingo games held on premises located in a bingo hall pursuant to a lottery licence issued to a charitable or religious organization pursuant to clause 207 (1) (b) of the Criminal Code (Canada).

 

Except as permitted by Regulation 746/21, Licensees shall not permit free liquor to be offered or given to a person as a prize in a contest.

5.7

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

 

No Contests or Prizes Involving Liquor

Permit Holders shall not permit contests on the premises to which the permit applies that involve the purchase or consumption of liquor. 

 

Permit Holders shall not permit free liquor to be offered or given as a prize in a contest.

5.8

Licence to Deliver

 

No Contests or Prizes Involving Liquor

Licensees shall ensure that free liquor is not offered or given as a prize in a contest.

5.9

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Sale Special Occasion Permit

 

Sale Tailgate Permit

Non-Alcoholic Beverage Availability and Pricing

Licensees or Permit Holders shall ensure that a variety of non-alcoholic beverages are available for sale at moderate prices in relation to the prices charged for liquor.

 

 

5.10

Golf Course Endorsement to a Liquor Sales Licence

Non-Alcoholic Beverages on Golf Courses

Licensees shall ensure that non-alcoholic beverages are available for sale from any motorized vending carts used for the sale and service of liquor.

5.11

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

No Sales from Vending Machines

Licensees or Permit Holders shall ensure that no liquor is sold or served from a vending machine.

5.12

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

No Liquid Alcohol Vaporizers

Licensees shall not have or permit on the licensed premises a device, known as an alcohol without liquid vaporizer, designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation.

5.13

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

Substitution of Liquors

Licensees or Permit Holders shall not substitute one type of liquor for another in a drink unless the patron consents to the substitution.

5.14

Brewers Retail Inc. Licence

 

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

 

Wine Boutique Sales Agent Endorsement to a Beer and Cider Grocery Store Licence

 

Offsite Winery Retail Store Licence

 

Wine Boutique Endorsement to an Offsite Winery Retail Store Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

No Possession of Liquor by Minors in Retail Stores

Licensees shall have measures in place to ensure that minors do not possess liquor in the Retail Store.

 

5.15

Auction Permit

Alcohol Not Tested by the Liquor Control Board of Ontario

Permit Holders with an Auction Permit shall:

 

  1. Make bidders aware that the alcohol may not have been tested by the Liquor Control Board of Ontario (LCBO).
  2. Obtain sign-off from the purchaser of any alcohol sold by way of auction that they acknowledge the alcohol may not have been tested by the LCBO.
  3. Keep records of the acknowledgement for six (6) months after the auction date and provided to the Registrar upon request.

6. Premises

#

Applicable to 

Interim Standard or Requirement

6.1

Liquor Sales Licence

 

Caterer’s Endorsement to a Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

 

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

Maximum Capacity

The licensee shall ensure that the number of persons on the premises to which the licence applies, including employees of the licensee, does not exceed the capacity of the licensed premises as stated on the licence. 

 

The maximum capacity of the licensed or permitted premises, except for railway cars, boats and the playing area of a golf course, shall be determined as follows:

  1. The maximum capacity of premises to which the Building Code Act, 1992 applies is the maximum capacity determined under that Act.
  2. The maximum capacity of premises to which the Building Code Act, 1992 does not apply is the maximum capacity determined under the Fire Protection and Prevention Act, 1997 if that Act applies to the premises. 
  3. The maximum capacity of premises to which neither the Building Code Act, 1992 nor the Fire Protection and Prevention Act, 1997 applies is determined by allowing 1.11 square metres per person. 

6.2

Liquor Sales Licence

 

Caterer’s Endorsement to a Liquor Sales Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

 

Sale Special Occasion
Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

No-Sale Tailgate Permit

Premises Readily Distinguishable

Licensees or Permit Holders shall ensure that the licensed or permitted premises, other than a railway car or a boat, are readily distinguishable from adjacent premises to which the licence or permit does not apply.

6.3

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Storage of Liquor

Licensees must store liquor that is not currently being offered for sale in a secure storage area.

 

Licensees shall notify the Registrar of the location of any liquor stored away from the premises.

6.4

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

 

Auction Permit

Storage of Liquor

If the Registrar issues a permit for multiple day events, the Permit Holder may store liquor that is purchased under the permit between days of the event or auction if the Permit Holder,

  1. stores the liquor in a secure area that is not in a dwelling;
  2. ensures that the liquor is not commingled with liquor not purchased under the permit or for sale at the auction;
  3. identifies the location where the liquor purchased under the permit or for sale at the auction is to be stored and provides the Registrar with a list of persons with access to the location; and
  4. ensures that the liquor is made available for inspection upon request.

6.5

Mini Bar Licence

 

Mini Bar Endorsement to a Liquor Sales Licence

 

Storage of Liquor

Licensees shall provide a secure area for the storage of liquor that will be used to restock the mini bar.

6.6

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

Storage of Liquor

Licensees shall provide a secure area for the storage of liquor that is not on display, including liquor that is for sale at a Wine Boutique within the Licensee’s premises that is not on display.

 

 

6.7

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

Storage of Liquor Sold Online

Licensees shall provide a secure area for the storage of liquor that has been purchased online by a customer but has not yet been picked up, including liquor that was sold from the Wine Boutique within the Licensee’s premises that has not yet been picked up by a customer.

 

6.8

Licence to Deliver

 

Delivery Endorsement to a Brewery Licence

 

Delivery Endorsement to a Distillery Licence

 

Delivery Endorsement to a Winery Licence

Storage of Liquor

At all times before delivery, Licensees shall ensure that liquor is stored securely at a premises other than a dwelling, and that during storage the liquor is accessible only to the Licensee and the Licensee’s employees and contractors.

 

6.9

Licence to Represent a Manufacturer

Location of Liquor

Licensees shall keep liquor only at a premises that is operated

  1. solely for the purpose of taking or soliciting orders for the sale of liquor; or
  2. for the purposes of taking or soliciting orders for the sale of liquor and selling items related to liquor.

6.10

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

No-Sale Tailgate Permit

 

Auction Permit

Sufficient Security

Permit Holders shall provide security sufficient to ensure that unauthorized persons do not attend the event and to ensure that the conditions of the permit and requirements of the Act are observed.

7. Record Keeping and Provision of Information

#

Applicable to  

Interim Standard or Requirement

7.1

Liquor Sales Licence

 

Caterer’s Endorsement to a Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

Records of Purchase and Sale

(1) A licensee shall retain the following records for a period of at least one year:

  1. Records of the purchases of liquor offered for sale in the licensed premises or at the location of a catered event.
  2. Records of the sales of liquor in the licensed premises

(2) The records must include invoices for the Licensee’s purchases of liquor under its licence.

7.2

Wine Pub Endorsement to a Liquor Sales Licence

 

Brew Pub Endorsement to a Liquor Sales Licence

 

Records of Purchase and Sale

The Licensee shall make and retain for a period of at least two years, a daily record indicating the amount of wine or beer manufactured for sale and the amount sold on the premises to which the licence applies.

 

The record shall include wine or beer manufactured by the Licensee that is sold for takeout or delivery in accordance with Regulation 746/21.

7.3

Liquor Sales Licence

 

By-the-Glass Endorsement to a Brewery Licence

 

By-the-Glass Endorsement to a Distillery Licence

 

By-the-Glass to a Winery Licence

Record of Adulteration of Liquor

If the Licensee adds a substance to a container of liquor or otherwise modifies the flavour of a container of liquor for sale or service to a patron, the Licensee shall create a record of the modification of liquor and retain it for a period of at least one year.

7.4

Mini Bar Licence

 

Mini Bar Endorsement to a Liquor Sales Licence

Mini Bar Record Retention

The Licensee shall retain records of sales from the mini bar for a period of at least one year.

7.5

Beer and Cider Grocery Store Licence

 

Beer and Wine Grocery Store Licence

 

Wine Boutique Sales Agent Endorsement to a Beer and Cider Grocery Store Licence

Record of Online Sales

The Licensee shall create a record of online sales for curbside or instore pickup and shall retain it for a period of at least one year.

7.6

Brewery Licence

 

Distillery Licence

 

Winery Licence

Manufacturer Record Retention

A Licensee who is required under the Act to maintain books and records shall keep them in Ontario for a period of at least six years and shall notify the Registrar where they are kept for purposes of inspection under the Act.

7.7

Brewery Licence

 

Distillery Licence

 

Winery Licence

Provision of Financial Information about Representatives

The Licensee shall provide the Registrar with the financial information concerning the activities of persons who hold licences to represent the manufacturer or the advertising and promotional activities of the manufacturer. 

7.8

Brewery Licence

 

Distillery Licence

 

Winery Licence

 

Records of Liquor Given without Payment

Where liquor is given by a manufacturer as permitted in Section 133 of Regulation 746/21, the Licensee shall:

  1. keep records of the liquor given, keep the records for two years and provide them to the Registrar upon request;
  2. upon request, make a written report to the Registrar stating the amount of liquor that was given within 48 hours after the event.

7.9

Brewery Licence

 

Distillery Licence

 

Winery Licence

Offsite Warehouse Locations

A Licensee shall maintain records indicating all locations at which its products are warehoused away from its production site(s) and provide these records to the Registrar upon request.

7.10

Licence to Represent a Manufacturer

Retention of Purchase Orders

The Licensee shall retain purchase orders from customers for one year after receiving them.

7.11

Sale Special Occasion Permit

 

No-Sale Special Occasion Permit

 

Sale Tailgate Permit

Records of Purchase and Sales

  1. A Permit Holder shall keep records describing all purchases, sales, stocks of liquor, and the amount of liquor that was purchased but not consumed under the permit. 
  2. The Permit Holder shall keep the records for six months and shall provide them to the Registrar upon request. 

7.12

Licence to Operate a Ferment on Premises Facility

Records of Purchase and Sales

  1. Before a person begins to make beer or wine on the licensed premises, the Licensee shall prepare and provide to the person making the beer or wine an invoice setting out:
  1. the name, address and telephone number of the Licensee;
  2. the name, address and telephone number of the person making the beer or wine;
  3. whether beer or wine is being made and the quantity;
  4. the ingredients provided to the person making the beer or wine and the price charged for the ingredients;
  5. the services provided to the person making the beer or wine and the price charged for the services;
  6. the date on which the making of the beer or wine is to begin;
  7. the amount of payment received from the person making the beer or wine; and
  8. a notice to the person making the beer or wine that it must be for the person’s personal use only.

The Licensee shall retain each invoice and the records of the Licensee’s purchases of ingredients for at least one year.

7.13

Liquor Sales Licence

Notification of Transfer of Liquor between Affiliated Licensees

Before liquor is transferred between affiliated licensees, the Licensee or, if applicable, its affiliate, must give written notice of the transfer to the Registrar.

 

The notice shall specify,

  1. the licence numbers of the licences that apply in respect of the two premises;
  2. the type, brand and quantity of liquor to be transferred;
  3. with respect to each container of liquor to be transferred, whether or not it will have been opened before the transfer; and
  4. whether the closure or imminent closure of the licensed premises from which the liquor is to be transferred is intended to be temporary or permanent.

7.14

Caterer’s Endorsement to a Liquor Sales Licence

 

Caterer’s Endorsement to a Brewery Licence

 

Caterer’s Endorsement to a Distillery Licence

 

Caterer’s Endorsement to a Winery Licence

Notification for Catered Events

The Licensee shall give notice to the Registrar if the Licensee intends to cater events in a premises under the exclusive control of the Licensee. 

 

In the case of a catered event that is held in a premises that is not a residence and is not a premises under the exclusive control of the Licensee for which notice has already been given to the Registrar, at least 10 days before a catered event begins, a holder of a licence with a caterer’s endorsement shall provide to the Registrar and the local police, fire, health and building departments details concerning,

  1. the nature of the event and the name of the sponsor;
  2. the address at which the event will be held;
  3. the dates on which and the hours during which the event will be held;
  4. the estimated attendance for the event; and
  5. the boundaries of the area within which liquor will be sold and served and the location of any tiered seating in the area. 

7.15

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

 

Order Placed with a Liquor Sales Licensee or By the Glass Endorsement Holder for Takeout, or for Delivery by a Liquor Delivery Service, or by the Liquor Sales Licensee or its Employees or Agents, from the Licensed Premises

 

In the case of an order placed with a liquor sales licensee or a by-the-glass endorsement holder for removal of liquor and food from the licensed premises, the Licensee must record the following information together with the Licensee’s name and address:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be removed from the premise
  3. The kinds and quantities of liquor and food to be removed from the premises, and the price paid for them.
  4. The address where the liquor is to be delivered, if applicable.
  5. The name of the person making the delivery and, if the person is liquor delivery service licensee or an employee or contractor of such a licensee, that licensee’s licence number, if applicable.

If the person making the delivery is a liquor delivery service, the liquor sales licensee shall provide a copy of the order to the liquor delivery licensee or its employee or contractor.

 

The Licensee shall retain the records required by this Standard for one year from the date the liquor is removed from the premises.

7.16

Licence to Deliver

Order Placed with a Liquor Sales Licensee or a By-The-Glass Endorsement Holder for Delivery by a Liquor Delivery Service from the Licensed Premises

In the case of an order placed with a liquor sales licensee or a by-the-glass endorsement holder for delivery of liquor from a liquor sales licensee or holder of a by-the-glass endorsement, the liquor delivery licensee must retain a copy of the order together with a confirmation of the delivery.

 

The Licensee shall retain the records required by this Standard for at least one year from the date the liquor is delivered.

7.17

Licence to Deliver

Order placed with a liquor delivery licensee for delivery from a liquor sales licensee or holder of a By the Glass endorsement

In the case of an order placed with a liquor delivery licensee for delivery of liquor and food from a liquor sales licensee or from a holder of a by-the-glass endorsement, the liquor delivery licensee must record the following information together with the Licensee’s name and address:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be delivered.
  3. The kinds and quantities of liquor and food to be delivered, and the price paid for them.
  4. The address where the liquor is to be delivered.
  5. The name of the person making the delivery and, if the person is liquor delivery service licensee or an employee or contractor of such a licensee, that licensee’s licence number.
  6. Confirmation of delivery.

The liquor delivery licensee shall provide a copy of the order to the liquor sales licensee or holder of the by-the-glass endorsement.

 

The Licensee shall retain the records required by this Standard for at least one year from the date the liquor is delivered.

7.18

Liquor Sales Licence

 

By the Glass Endorsement to a Brewery Licence

 

By the Glass Endorsement to a Distillery Licence

 

By the Glass Endorsement to a Winery Licence

Order placed with a liquor delivery licensee for delivery from a liquor sales licensee or holder of a By the Glass endorsement

In the case of an order placed with a liquor delivery licensee for delivery of liquor, the liquor sales licensee or holder of a by-the-glass endorsement must obtain a copy of the order received by the liquor delivery licensee.

 

The Licensee shall retain the records required by this Standard for one year from the date the liquor is removed from the licensed premises.

7.19

Brewers Retail Inc. Licence

 

Offsite Winery Retail Store Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

 

Order Placed with a Retailer for Delivery by a Liquor Delivery Service, Manufacturer’s Employee, Delivery Endorsement to a Manufacturer’s Licence or Carrier

In the case of an order placed with a retailer for delivery, the Licensee shall record the following information, together with the Licensee’s name and address:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be delivered.
  3. The kinds and quantities of liquor to be delivered.
  4. The address where the liquor is to be delivered.

 

  1. If the liquor is delivered by a manufacturer’s employee from that manufacturer’s retail store, the name of the person making the delivery.
  2. If the liquor is delivered by a liquor delivery service licensee or an employee or contractor of such a licensee, that licensee’s licence number.
  3. If the person is a Delivery Endorsement to a Manufacturer’s Licence holder, that licensee’s licence number; or
  4. The name of the carrier.

If using a carrier, the Licensee must ensure that the carrier obtains a receipt for the liquor signed by the recipient or by another individual before leaving the liquor with the recipient.

 

If the person making the delivery is a liquor delivery service or holder of a delivery endorsement to a manufacturer’s licence, the retail licensee shall provide a copy of the order to the liquor delivery licensee or delivery endorsement holder.

 

The Licensee shall retain the records required by this Standard for one year from the date the liquor is removed from the store.

7.20

Licence to Deliver

 

Delivery Endorsement to a Brewery Licence

 

Delivery Endorsement to a Distillery Licence

 

Delivery Endorsement to a Winery Licence

Order Placed with a Retailer for Delivery by a Liquor Delivery Service or Holder of a Delivery Endorsement to a Manufacturer’s Licence

In the case of an order placed for delivery with a retailer that is not the LCBO, the liquor delivery licensee or delivery endorsement holder shall retain a copy of every order provided to the Licensee by the store, together with a delivery confirmation.

 

The Licensee shall retain the records required by this Standard for at least one year from the date of delivery of the liquor.

7.21

Licence to Deliver

Order placed with LCBO for Delivery by Liquor Delivery Service

In the case of an order placed with the LCBO for delivery by the Licensee, the Licensee shall obtain a copy of the order from the store that includes the following information:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be delivered.
  3. The kinds and quantities of liquor to be delivered.
  4. The address where the liquor is to be delivered.

The Licensee shall record a delivery confirmation together with the order.

 

In the case of an order placed with the LCBO for delivery by the Licensee where the Licensee is not able to obtain a copy of the order from the store, the Licensee shall record the following information, together with the Licensee’s name and address:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be delivered.
  3. The kinds and quantities of liquor to be delivered.
  4. The address where the liquor is to be delivered.
  5. A confirmation of delivery.

The Licensee shall retain the records required by this Standard for at least one year from the date of delivery of the liquor.

7.22

Licence to Deliver

Order Placed with a Liquor Delivery Licensee for Delivery by that Licensee from a Retail Store

In the case of an order placed with the liquor delivery licensee for delivery by the Licensee from a retail store, the Licensee shall record the following information, together with the Licensee’s name and address:

  1. The name and address of the customer.
  2. The date on which the liquor is purchased, and the date on which it is to be delivered.
  3. The kinds and quantities of liquor to be delivered.
  4. The address where the liquor is to be delivered.
  5. A confirmation of delivery.

The Licensee shall provide a copy of the order to the store.

 

The Licensee shall retain the records required by this Standard for at least one year from the date of delivery of the liquor.

7.23

Brewers Retail Inc. Licence

 

Offsite Winery Retail Store Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

Order Placed with a Liquor Delivery Licensee for Delivery by that Licensee from a Retail Store

In the case of an order placed with a liquor delivery licensee for delivery from a retail store, the Licensee shall retain a copy of every order provided to the Licensee by the liquor delivery service licensee.

 

The Licensee shall retain the records required by this Standard for at least one year from the date the liquor is removed from the store.

7.24

Auction Permit

Delivery of Liquor to Successful Bidder after an Auction

When liquor purchased under an auction permit is delivered to the successful bidder, the Permit Holder shall record the following information:

  1. The name and address of the successful bidder.
  2. The date on which the liquor was purchased, and the date on which it is to be delivered.
  3. The address where the liquor is to be delivered.
  4. The method of delivery, including the licence number of the liquor delivery licensee if applicable.

If using a carrier, the Permit Holder must ensure that the carrier obtains a receipt for the liquor signed by the recipient or by another individual before leaving the liquor with the recipient.

 

The Permit Holder shall retain the records required by this Standard for at least one year from the date the liquor is delivered.

8. Ancillary Items Lists

#

Applicable to  

Interim Standard or Requirement

8.1

Temporary Extension Endorsement to a Brewery Retail Store Endorsement to a Brewery Licence

 

Temporary Extension Endorsement to a Distillery Retail Store Endorsement to a Distillery Licence

 

Temporary Extension Endorsement to a Winery Retail Store Endorsement to a Winery Licence

 

Brewery Retail Store Endorsement to a Brewery Licence

 

Distillery Retail Store Endorsement to a Distillery Licence

 

Winery Retail Store Endorsement to a Winery Licence

Ancillary Items List

Other than eligible liquor, at a retail store operated under a Brewery, Distillery or Winery Retail Store Endorsement, Licensees shall only sell non-liquor products that are included in the Ancillary Items List, appended to these Interim Standards as Appendix 1A.

8.2

Brewers Retail Inc. Licence

Ancillary Items List

Other than eligible liquor, at a retail store operated under the Brewers Retail Inc. Licence, the Licensee shall only sell non-liquor products that are included in the Ancillary Items List, appended to these Interim Standards as Appendix 1B.

8.3

Winery Retail Store Endorsement to a Winery Licence

 

Approval of Gift and Souvenir Packages

The Licensee must obtain the Registrar’s approval of gift or souvenir packages sold in its Winery Retail Stores if those gift or souvenir packages include Ontario wine manufactured by other manufacturers of Ontario wine in addition to wine manufactured by the Licensee.

Appendix 1: Ancillary Items Lists

      A.  Manufacturer’s Retail Stores

The following non-liquor products may be sold at an on-site manufacturer retail store:

  • Items used for storing, opening, carrying and serving beverage alcohol;
  • Books, magazines and other media related to: (i) food and beverage and (ii) local history, art and tourism;
  • Clothing and accessories which display the manufacturer’s branding;
  • Locally-produced artisanal products;
    • “Locally-produced” means “produced in the Province of Ontario”
    • “Artisanal products” means “products produced in limited quantities using traditional methods”
  • Dealcoholized wine and beer produced by the manufacturer;
  • Tickets for public events taking place in the community;
  • Gift cards and certificates for the purchase of the manufacturer’s goods and services.

The manufacturer must ensure that:

  • It does not offer for sale any products that promote immoderate or high-risk consumption of alcohol or specifically target people under the legal drinking age; and
  • The amount of non-liquor products made available for sale at any one time does not constitute a substantial amount of all products made available for sale in the store.

      B.  Brewers Retail Inc.

Additional products that will be permitted to be sold at all current locations of Brewers Retail Inc. (BRI) Stores:

  • Shirts
  • Sweaters
  • Tank tops
  • Shorts
  • Pants
  • Caps/Hats
  • Visors
  • Jackets
  • Vests
  • Slippers
  • Sandals
  • Night shirts
  • Glasses*
  • Steins/Mugs*
  • Bar ware*
  • Aprons
  • Cups*
  • Draught Supplies*
  • Coolers*
  • Beverage holders*
  • Flashlights
  • Car sunshades
  • Ice*
  • Reusable ice*
  • Sunglasses
  • Belts
  • Salt and pepper sets
  • Suspenders
  • Earrings
  • Lighters
  • Playing cards
  • Key chains/FOBs
  • Umbrellas
  • Signs
  • Clocks
  • Towels
  • Bags*
  • Posters
  • Patio lights

*These items are “associated products” and are generally not branded. All other items are branded.

Appendix 2: Registrar’s Guidelines for Advertising and Promotion

Liquor Advertising Guidelines – Liquor Sales Licensees and Manufacturers

Introduction

In accordance with the Interim Standards, no one may advertise or promote liquor or the availability of liquor unless the advertising is conducted in accordance with the guidelines related to advertising issued by the Registrar.

These guidelines focus on specific concerns regarding advertising liquor. The notes following each guideline assist in interpretation and are by no means exhaustive in their scope.

It is the responsibility of manufacturers and liquor sales licensees to ensure that advertising carrying their business or brand name, or endorsed by them, falls within the parameters set out in the regulations and in these guidelines.

Advertising that is beyond the permissible scope may result in regulatory action including the issuance of an order of cessation by the Registrar. Violations of the LLCA, the regulations enacted thereunder or standards and requirements established by the Registrar may result in compliance or enforcement action.

Proposed advertising should be considered on the basis of both the express as well as any implied message that is conveyed. The guidelines apply to all aspects of the advertisement such as the more obvious copy, graphics, lyrics, script and video, as well as the less obvious but influential aspects such as background music, voice inflection, etc.

Manufacturers and liquor sales licensees are responsible for all advertising (including merchandise) bearing their identification including corporate or brand identification that is displayed or distributed by any person. This will include all authorized advertising done on a manufacturer’s or sales licensee’s behalf. The manufacturer or liquor sales licensee is not responsible where it has not authorized advertising and has been diligent in its efforts at stopping the advertising once it has become aware of it. The manufacturer or liquor sales licensee must show it has exercised reasonable care and employed suitable precautions to ensure compliance.

Interpretations of the guidelines may be published from time to time.

Pricing and Promotion of Liquor

The following directives provide guidance for Liquor Sales Licensees and Manufacturers, including holders of a By-The-Glass Endorsement, on practices that may tend to encourage the immoderate consumption of liquor. Liquor sales licensees are prohibited from engaging in or permitting practices that may tend to encourage patrons’ immoderate consumption of liquor by section 24 of Regulation 746/21 under the Liquor Licence and Control Act.

Liquor sales licensees in Ontario are required to offer, promote, sell, and serve liquor in accordance with these directives.

  1. A standard-sized drink may not be sold or supplied for less than the prices noted below. As outlined in Section 26 of Regulation 746/21, licensees may not offer for sale or supply a serving of liquor for less than the following amount, including all applicable taxes:
    • In the case of spirits containing more than 14.8 per cent alcohol by volume, $1.34.
    • In every other case, $2.00.

    A serving of liquor is defined as follows:

    • 341 ml (12 oz) of beer, cider or cooler;
    • 29 ml (1 oz) of spirits;
    • 142 ml (5 oz) of regular wine;
    • 85 ml (3 oz) of fortified wine.
  1. The minimum price changes depending on the size of the serving of liquor provided to the patron.  If the Licensee offers for sale a serving of liquor that differs from a standard serving of liquor, the minimum price for that serving shall increase or decrease in direct proportion to the difference in volume of liquor contained in that serving.
  1. Responsible drink price flexibility is permitted. A licensee may vary the purchase price of liquor as long as it remains above the minimum price, whether offered in combination with food or other goods or services, such as ‘wine with dinner’, ‘beer with wings’, or ‘a cocktail with a spa treatment’ or for a specified time. For example, a licensee may offer a different price for a glass of wine provided with a certain meal on a regular basis, a different price for martinis on a certain day or a different price for domestic beers, house wine and bar shots during a certain period of a day as long as the cost of the liquor itself remains at or above the minimum price. Licensees are prohibited from requiring patrons to purchase liquor to enter or remain on the premises and are therefore required to offer other goods and services that do not require the purchase of alcohol.
  2. Revised drink prices must always be posted or provided to patrons. If there is a temporary change in the price of liquor, served alone or in combination with food or other goods or services, the Licensee must post or provide a notice specifying the change and make it visible or available to all patrons attending the premises while the change is in effect to comply with the standards and requirements established by the Registrar.
  3. Liquor prices must be the same for all patrons. A licensee is required to offer uniform liquor pricing to all patrons. Promotions that target certain segments of the population, such as students or women, are not permitted. A licensee, however, is permitted to offer different liquor prices in separate locations of their establishment. For example, a licensee may offer liquor prices to patrons in a patio area that are different from those offered in an indoor area or different prices to patrons dining on-site from those purchasing liquor and food for takeout or delivery.

    A licensee may accept items such as discounted gift cards for the purchase of liquor and food or other goods or services as long as the items are available to all segments of the population.

  4. Drink prices may not be based on the purchase of other drinks. A licensee is not permitted to offer a difference in the price of liquor which is contingent on another purchase of liquor or is offered at regular intervals. For example, promotions such as ‘2 for 1 drinks’, ‘2nd drink is ½ off’ or ‘every 3rd drink is $2’ are prohibited under all circumstances.
  5. Prices and promotions may be advertised outside of the establishment. A licensee may advertise or post liquor prices and promotions outside of the licensed premises and online. For example, postings on a ‘sandwich board’ may include such items as time periods and locations prices are in effect, food, takeout, delivery or other goods or services included in a promotion, brands and generic categories like “domestic beers”, “margaritas” or “a glass of our finest wine”.
  6. The posting and advertising of prices and promotions must be responsible in nature. A licensee is not permitted to advertise or post liquor prices and promotions, inside or outside of the licensed premises, or online in a manner that may promote immoderate consumption.
  7. Patrons may be provided complimentary drinks under certain circumstances. A licensee and/or the employee of a licensee may purchase liquor for a patron at the established listed price for purposes such as recognizing regular patronage, celebrating special events, expressing friendship, or acknowledging poor service. Liquor may not be purchased for patrons as part of a promotion or at regular intervals, or indiscriminately for patrons at the establishment. For example, a licensee or employee may not purchase liquor to entice patrons to enter the establishment, make further liquor purchases, or advertise or announce the availability of liquor purchases for patrons in any manner.
  8. All-inclusive vacation packages.  Licensees may offer for sale a package including the cost of liquor and one or more of a trip, accommodation, food or other services. This enables premises such as resorts and hotels to package liquor with travel and vacation goods and services, such as offering one price for liquor service with a hotel stay, or food and drink vouchers to be used at the resort’s restaurant or bar. As well, travel related licensees such as airport lounges, boats and railway cars may package liquor with the cost of a ticket.
  9. Licensees may offer a package of food and liquor at a fixed price at an event. The price of the food component must be fair market price and represent no more than 50 per cent of the total price of the package. The event must be intended only for the invited guests of the event organizer, cannot be advertised to the general public and not open to the general public. Attendees cannot be charged a fee for admission to the event or for liquor or food and the time for which alcoholic drinks may be provided to attendees without charge to the attendee cannot exceed eight hours.
     

    The Licensee and event organizer must have a written contract that sets out the price of the food component and the price of the liquor component of the package. The event organizer or the organizer’s delegate must remain on the premises at all times during the event. The Licensee must keep all contracts relating to the event for at least one year after the event takes place and make them readily available for inspection.

Other practices that generally promote immoderate consumption, including the over-service of patrons and permitting contests, challenges and events requiring or encouraging the consumption of liquor, are not permitted and may lead to administrative sanction.

It is also important to note that liquor sales licensees remain under general obligations not to serve intoxicated individuals and/or permit drunkenness in their establishments and must continue to operate in accordance with the other provisions of the Liquor Advertising Guidelines for Liquor Sales Licensees and Manufacturers, as well as all other applicable regulations and laws.

Guidelines for Liquor Sales Licensees and Manufacturers

Except for public service advertising, a liquor sales licensee or a manufacturer of liquor may advertise or promote liquor or the availability of liquor only if the advertising:

  1. is consistent with the principle of depicting responsibility in use or service of liquor;
    1. An advertisement cannot promote excessive consumption or depict excessive or prolonged consumption, or excessive quantity of liquor, or occasions of use or drinking situations, which are likely to involve risk to those present.
  2. promotes a general brand or type of liquor and not the consumption of liquor in general;
    1. Advertisements may not promote the merits of consumption.
    2. Advertising, produced by individual manufacturers or organizations representative of a group of manufacturers, pertaining to generic categories of liquor, is permitted provided the advertising is consistent with all other advertising regulations.
    3. Advertisements may not make claims, direct or implied, of healthful, nutritive, curative, dietetic, stimulative or sedative benefits of the liquor product. However, factual attributes of the liquor product which are commonly accepted by recognized authorities (such as the Centre for Addiction and Mental Health, Heath Canada, or national or provincial medical associations) may be stated in the advertisement provided the attributes relate to the particular brand or type of liquor and does not promote the consumption of liquor in general.
  3. does not imply that consumption of liquor is required in obtaining or enhancing:
    1. social, professional or personal success
    2. athletic prowess
    3. sexual prowess, opportunity or appeal
    4. enjoyment of any activity
    5. fulfilment of any goal
    6. resolution of social, physical or personal problems.
    7. endorsement of a liquor product by well-known personalities shall not directly or indirectly suggest that the consumption of any liquor has contributed to the success of their particular endeavours.
  4. does not appeal, either directly or indirectly, to persons under the legal drinking age, or is not placed in media that are targeted specifically at people under that age;
    1. No well-known personality may be used in liquor advertising who may reasonably be expected to appeal, either directly or indirectly, to persons under the legal drinking age if the advertisement contains any direct or indirect endorsement of liquor or the consumption of liquor. This may include historical, political, religious and cultural figures as well as celebrities and sports figures. (This would not apply to public service advertisements provided there is no direct or indirect endorsement of liquor or consumption of liquor by the well-known personality.)
    2. Children’s songs, fictional characters etc., or the imitation thereof, may not be used in advertising.
    3. A sales licensee or manufacturer may donate corporate or brand identified scholarships, bursaries and scholastic prizes to be awarded to post-secondary school students.
    4. The use of a medium that is targeted at persons under the legal drinking age is not permitted. For example, advertisements may not appear in magazines targeted specifically at people under the legal drinking age or run in conjunction with movies where the intended age of the audience is under the legal drinking age. Stationary outdoor advertising should not be placed within 200 metres of a primary or secondary school.
    5. Advertisements should not be placed within areas which are specifically targeted at persons under the legal drinking age if the advertisement directly or indirectly endorses liquor or the consumption of liquor. An example of this would be a children’s concert which is attended by a large number of adults.
    6. Songs that have a specific appeal to persons under the legal drinking age shall not be used for advertising.
    7. A contest run by an organization other than the manufacturer, which the manufacturer is sponsoring, is not required to be limited to persons of legal drinking age provided the contest is not specifically targeted to persons under the legal drinking age. However, if the manufacturer is presenting a contest, participation is limited to persons of legal drinking age.
    8. Portrayals of well-known personalities which would generally be prohibited due to the potential that the personality may appeal to persons under the legal drinking age may be used provided the use of the personality is incidental to the advertisement and the use of the personality does not make the advertisement appealing to persons under the legal drinking age.
    9. Notwithstanding this subsection, any advertising of a licensed establishment, which does not refer to the availability of liquor, may appeal to persons under the legal drinking age and may be placed in media targeted specifically at people under the legal drinking age. For example, a family restaurant may wish to sponsor an event targeted at people under the legal drinking age. This may be done provided the references to the licensed establishment do not include any references to the availability of liquor.
  5. does not associate consumption of liquor with driving a motorized vehicle, or with any activity that requires care and skill or has elements of danger. 
    1. Persons should not be depicted with liquor prior to, in anticipation of, or while engaging in any activities which involve care and skill or elements of physical danger (an activity includes work, sports, recreation, crafts, and hobbies).
    2. Consumption should not be associated with the performance of any aspect of any activity, which calls for a high degree of skill if imitation by the unskilled or underage could be considered dangerous.
    3. The depiction of an activity which involves care and skill or elements of physical danger must clearly establish that the individuals shown with liquor are merely spectators or have completed that activity for the day and are then depicted with the product.
    4. Vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for liquor advertising; however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
  6. does not depict motorized vehicles in motion in advertising showing consumption of liquor, unless the motorized vehicle is a form of public transportation;
    1. Persons should not be depicted with liquor prior to, in anticipation of, or while operating a motorized vehicle. There cannot be any indication, direct or implied, that an individual who has been depicted with liquor will then be operating a motorized vehicle.
    2. Motorized vehicles should not be shown in motion in an advertisement, which includes a consumption scenario unless the vehicle is a form of public transportation. Parked vehicles, or vehicles such as buses, trains, planes, taxicabs, licensed boats, etc., in motion, may appear in advertisements with consumption scenarios.
    3. Motorized vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for liquor advertising, however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
  7. does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor.
    1. An advertisement may not depict a licensee gifting any patron with liquor, or an individual gifting a person under the legal drinking age with liquor.
    2. The illegal handling of liquor may not be depicted. For example, smuggling liquor across a border may not be depicted.
    3. The consumption of liquor may not be depicted or implied in settings where this would not be legal in Ontario such as public beaches, public parks, private boats without sleeping accommodations, etc.
    4. Liquor may be depicted in a setting where consumption is not permitted provided it is clearly a beauty shot with no evidence of people or of previous or imminent consumption.

Manufacturers’ Promotions

No person may offer a gift or the opportunity to receive a gift, which requires the purchase of liquor, except for a gift of a nominal value in relation to the regular purchase price of the product.

Within this section, a value added item may have a nominal value not exceeding 20% of the retail value price of the beverage alcohol with which it is included. The value of a gift will be assessed by its ordinary retail value rather than the actual cost to the manufacturer.

  1. Items may be provided with the purchase of liquor, provided the item is of nominal value in comparison with the regular price of the product.
  2. Items worth more than a nominal value in comparison with the regular price of the liquor product may be provided with the purchase of liquor provided the item is not a gift to the purchaser. A charge (which is not less than cost) for the item being received by the customer must be added to the regular price of the liquor product. The item must be clearly visible to the purchaser.
  3. An offer for an item worth more than a nominal value in comparison with the regular price of the liquor product, which is linked to a proof of purchase of the liquor is not permitted. For example, an offer cannot be made which indicates that, through the presentation of six proofs of purchase, the consumer is entitled to receive six glasses.
  4. Ballots for contests cannot be included on the liquor product or within the packaging unless the ballots are made readily available through other means without the purchase of liquor product. Items or ballot forms included with the purchase of liquor product are not considered otherwise readily available unless the alternative method of obtaining the item is apparent at the point of purchase and the procedure is simple, timely and does not require additional expenses.
  5. Advertising material placed on liquor product or within packaging may be permitted provided no other advertising regulations are violated. For example, advertising flyers describing the liquor product or brochures describing merchandise which may be purchased through the manufacturer may be inserted into the packaging.
  6. An individual shall not be required to have at any time purchased or consumed the liquor product in order to participate in or qualify for a contest or draw (e.g., a qualifying question cannot be about the taste qualities of the liquor product but may be about the packaging if this information could be gained easily without the purchase of the liquor product).
  7. Any benefit permitted by this section must be provided at the time of purchase, or directly related to a single purchase. A frequent buyer’s club concept would not be acceptable.
  8. Coupons redeemable on the purchase of items other than liquor (e.g., snack foods, soft drinks, juices, etc.) are permitted provided they are of a nominal value. Coupons redeemable on the purchase of liquor product are not permitted.
  9. Single servings of liquor may be provided as a nominal on-pack promotion. For example, this permits miniatures to be attached to spirits and single bottles or cans of beer or coolers to be included with cases of those products.

 

Prohibition Against Inducements by Manufacturers

  1. A manufacturer of liquor or an agent or employee of a manufacturer shall not directly or indirectly offer or give a financial or material inducement to a person who holds a licence or permit under the Act or to an agent or employee of the person for the purpose of increasing the sale or distribution of a brand of liquor.
    1. It is prohibited for a manufacturer to provide a licensee or permit holder with cash, cash rebates, liquor, product rebates, price discounts, or abuse the refunding for leaking kegs, etc.
    2. Items essential to the operation of the licensed establishment or permit function which benefit the Licensee or permit holder and are not targeted to the consumer for the purpose of raising the profile of the company or product name within the establishment may not be provided by a manufacturer. Examples of these items are:

    furniture

    carpet

    draft equipment

    renovations to premises

    staff uniforms

    dishwashers

    food processing/ handling equipment

    washroom supplies

    principal or special function lighting

    refrigeration equipment

    menus/menu printing

    services (cable TV cleaning painting decorating etc.)

    1. A manufacturer may provide items which could be viewed as beneficial to the operation of the business provided the volume is insignificant in relation to the overall annual requirements of the Licensee and the purpose is to raise the profile of the manufacturer or manufacturer’s product with the consumer and not for the benefit of the Licensee. This would allow a manufacturer to provide a small quantity of branded glassware, a portion of the menu printing, licensee signage, etc., provided it identifies the manufacturer or brands.
    2. A liquor sales licensee may mention a manufacturer’s name or brand names in advertising; however, a manufacturer may not pay for a sales licensee’s advertising.
  1. A manufacturer may provide or assist licensees and their staff with educational programs in the responsible sale and service of beverage alcohol.

Liquor Advertising Guidelines – Ferment on Premises, Liquor Delivery Licence and Special Occasion Permits

Introduction

In accordance with the Interim Standards, no one may advertise or promote liquor or the availability of liquor unless the advertising is conducted in accordance with the guidelines related to advertising issued by the Registrar.

These guidelines focus on specific issues regarding advertising liquor. The notes following each guideline assist in interpretation but are not exhaustive in their scope.

It is the responsibility of ferment on premises licensees and liquor delivery licensees, and special occasion permit holders to ensure that advertising carrying its business or brand name, or endorsed by them, falls within the parameters set out in the regulations and in these guidelines.

Advertising that is beyond the permissible scope may result in regulatory action including the issuance of an order of cessation by the Registrar. Violations of the LLCA, the regulations enacted thereunder or standards and requirements established by the Registrar may result in compliance or enforcement action.

Proposed advertising should be considered on the basis of both the express as well as any implied message that is conveyed. The guidelines apply to all aspects of the advertisement such as the more obvious copy, graphics, lyrics, script and video, as well as the less obvious but influential aspects such as background music, voice inflection, etc.

Ferment on premise licensees and liquor delivery licensees, or special occasion permit holders, are responsible for all advertising (including merchandise) bearing their identification including corporate or brand identification that is displayed or distributed by any person. This will include all authorized advertising done on a manufacturer’s or sales licensee’s behalf. Ferment on premise licensees and liquor delivery licensees, or special occasion permit holders, are not responsible where the advertising has not been authorized by the Licensee or permit holder, and the Licensee or permit holder has been diligent in its efforts at stopping the advertising once it has become aware of it.

Ferment on premise licensees and liquor delivery licensees, or special occasion permit holders, must show they have exercised reasonable care and taken suitable precautions to ensure compliance.

Interpretations of the guidelines may be published from time to time. 

Guidelines for Ferment on Premise Licensees, Liquor Delivery Licensees and Special Occasion Permit Holders

  1. A Permit Holder for a private event special occasion permit is not permitted to advertise or promote liquor or the availability of liquor.

    Except for public service advertising, a ferment on premises licensee or liquor delivery licensee or special occasion permit must ensure that any proposed advertising:

    1. is consistent with the principle of depicting responsibility in use or service of liquor;
      1. An advertisement cannot promote excessive consumption or depict excessive or prolonged consumption, or excessive quantity of liquor, or occasions of use or drinking situations, which are likely to involve risk to those present.
    2. promotes a general brand or type of liquor and not the consumption of liquor in general;
      1. Advertisements may not promote the merits of consumption.
      2. Advertisements may not make claims, direct or implied, of healthful, nutritive, curative, dietetic, stimulative or sedative benefits of the liquor product. However, factual attributes of the liquor product which are commonly accepted by recognized authorities (such as the Centre for Addiction and Mental Health, Health Canada, or national or provincial medical associations) may be stated in the advertisement provided the attributes relate to the particular brand or type of liquor and does not promote the consumption of liquor in general.
    3. does not imply that consumption of liquor is required in obtaining or enhancing:
      1. social, professional or personal success,
      2. athletic prowess,
      3. sexual prowess, opportunity or appeal,
      4. enjoyment of any activity,
      5. fulfilment of any goal, or
      6. resolution of social, physical or personal problems.
      7. endorsement of a liquor product by well-known personalities shall not directly or indirectly suggest that the consumption of any liquor has contributed to the success of their particular endeavours.
    4. does not appeal, either directly or indirectly, to persons under the legal drinking age, or is not placed in media that are targeted specifically at people under that age;
      1. No well-known personality may be used in liquor advertising who may reasonably be expected to appeal, either directly or indirectly, to persons under the legal drinking age if the advertisement contains any direct or indirect endorsement of liquor or the consumption of liquor. This may include historical, political, religious and cultural figures as well as celebrities and sports figures. (This would not apply to public service advertisements provided there is no direct or indirect endorsement of liquor or consumption of liquor by the well-known personality.)
      2. Children’s songs, fictional characters etc., or the imitation thereof, may not be used in advertising.
      3. A holder of a licence or a special occasion permit may donate corporate or brand identified scholarships, bursaries and scholastic prizes to be awarded to post-secondary school students.
      4. The use of a medium that is targeted at persons under the legal drinking age is not permitted. For example, advertisements may not appear in magazines targeted specifically at people under the legal drinking age or run in conjunction with movies where the intended age of the audience is under the legal drinking age. Stationary outdoor advertising should not be placed within 200 metres of a primary or secondary school.
      5. Advertisements should not be placed within areas which are specifically targeted at persons under the legal drinking age if the advertisement directly or indirectly endorses liquor or the consumption of liquor. An example of this would be a children’s concert which is attended by a large number of adults.
      6. Songs, which have a specific appeal to persons under the legal drinking age, shall not be used for advertising.
      7. Portrayals of well-known personalities which would generally be prohibited due to the potential that the personality may appeal to persons under the legal drinking age may be used provided the use of the personality is incidental to the advertisement and the use of the personality does not make the advertisement appealing to persons under the legal drinking age.
      8. Notwithstanding this subsection, any advertising, which does not refer to the availability of liquor, may appeal to persons under the legal drinking age and may be placed in media targeted specifically at people under the legal drinking age.
    5. does not associate consumption of liquor with driving a motorized vehicle, or with any activity that requires care and skill or has elements of danger;
      1. Persons should not be depicted with liquor prior to, in anticipation of, or while engaging in any activities which involve care and skill or elements of physical danger. (An activity includes work, sports, recreation, crafts, and hobbies.) Consumption should not be associated with the performance of any aspect of any activity, which calls for a high degree of skill if imitation by the unskilled or underage could be considered dangerous.
      2. The depiction of an activity which involves care and skill or elements of physical danger must clearly establish that the individuals shown with liquor are merely spectators or have completed that activity for the day and are then depicted with the product.
      3. Vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for liquor advertising; however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
    6. does not depict motorized vehicles in motion in advertising showing consumption of liquor, unless the motorized vehicle is a form of public transportation;
      1. Persons should not be depicted with liquor prior to, in anticipation of, or while operating a motorized vehicle. There cannot be any indication, direct or implied, that an individual who has been depicted with liquor will then be operating a motorized vehicle.
      2. Motorized vehicles should not be shown in motion in an advertisement, which includes a consumption scenario unless the vehicle is a form of public transportation. Parked vehicles, or vehicles such as buses, trains, planes, taxicabs, licensed boats, etc., in motion, may appear in advertisements with consumption scenarios.
      3. Motorized vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for liquor advertising, however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
    7. does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor.
      1. An advertisement may not depict a licensee gifting any patron with liquor, or an individual gifting a person under the legal drinking age with liquor.
      2. The illegal handling of liquor may not be depicted. For example, smuggling liquor across a border may not be depicted.
      3. The consumption of liquor may not be depicted or implied in settings where this would not be legal in Ontario such as public beaches, public parks, private boats without sleeping accommodations, etc.
      4. Liquor may be depicted in a setting where consumption is not permitted provided it is clearly a beauty shot with no evidence of people or of previous or imminent consumption.
    1. A ferment on premises licensee or liquor delivery service licensee or special occasion permit shall not offer a gift or the opportunity to receive a gift that requires the purchase of liquor.
      1. Offers linked to a single purchase of services or ingredients are permitted but not linked to multiple purchases such as a frequent buyer’s club.

Liquor Advertising Guidelines – Grocery Store Licence

Introduction

In accordance with the Interim Standards, no one may advertise or promote liquor or the availability of liquor unless the advertising is conducted in accordance with the guidelines related to advertising issued by the Registrar.

These guidelines focus on specific concerns regarding advertising of beer, wine and/or cider, the availability of beer, wine and/or cider and the sale of beer, wine and/or cider. The notes following each guideline assist in interpretation but are not exhaustive in their scope.

It is the responsibility of grocery stores licensees to ensure that advertising carrying their business or brand name, or which they endorsed, falls within the parameters set out in the Act, regulations, requirements standards and enacted by the Registrar, and these guidelines.

Advertising that is beyond the permissible scope may result in regulatory action including the issuance of an order of cessation by the Registrar. Violations of the LLCA, the regulations enacted thereunder or standards and requirements established by the Registrar may result in compliance or enforcement action.

Proposed advertising should be considered on the basis of any conveyed messages, express or implied. The guidelines apply to all aspects of the advertisement, including: grocery flyers and pamphlets, text, graphics, lyrics, scripts, videos, background music, voice inflection, etc.

Grocery store licensees are responsible for all advertising (including merchandise) bearing their identification, including corporate or brand identification that is displayed or distributed by any person. This includes all authorized advertising done on an authorized grocery store’s behalf. The grocery store licensee is not responsible where it has not authorized advertising and has been diligent in its efforts at stopping the advertising once it has become aware of it. The grocery store licensee must demonstrate that it has exercised reasonable care and taken suitable precautions to ensure compliance.

Interpretations of the guidelines may be published from time to time.

Guidelines for Grocery Store Licensees

The following directives provide guidance in order to identify and prevent practices that may encourage the immoderate consumption of beer, wine or cider.

Except for public service advertising, a grocery store with a Beer and Wine Licence or Beer and Cider Licence may advertise or promote beer, wine and/or cider or the availability of beer, wine and/or cider only if the advertising:

  1. is consistent with the principle of depicting responsibility in use or sale of beer, wine and/or cider
    1. An advertisement cannot promote or depict excessive or prolonged consumption, excessive quantity of beer, wine and/or cider, or occasions of use or drinking situations which are likely to involve risk to those present.
  2. does not promote the general consumption of beer, wine or cider and is restricted to the promotion of brands or types of beer, wine or cider eligible to be sold
    1. Advertisements may not promote the merits of beer, wine or cider consumption.
    2. Advertising produced by an individual grocery store or an organization representing a group of grocery stores is permitted, provided the advertising pertains to brands or types of beer, wine or cider and is consistent with all other advertising regulations.
    3. Advertisements may not make claims, direct or implied, of healthful, nutritive, curative, dietetic, stimulative or sedative benefits of beer, wine or cider. However, factual attributes of beer, wine or cider which are commonly accepted by recognized authorities (such as the Centre for Addiction and Mental Health, Health Canada, or national or provincial medical associations) may be stated in the advertisement, provided the attributes relate to the particular brand or type of beer, wine or cider and do not promote the consumption of beer, wine or cider in general.
  3. does not imply that consumption of beer, wine or cider is required in obtaining or enhancing:
    1. social, professional or personal success
    2. athletic prowess
    3. sexual prowess, opportunity or appeal
    4. enjoyment of any activity
    5. fulfilment of any goal
    6. resolution of social, physical or personal problems
    7. endorsement of a beer, wine or cider product by well-known personalities shall not directly or indirectly suggest that the consumption of any beer, wine or cider has contributed to the success of their particular endeavours
  4. does not appeal, either directly or indirectly, to persons under the legal drinking age, or is not placed in media that are targeted specifically at people under that age
    1. No well-known personality may be used in beer, wine or cider advertising who may reasonably be expected to appeal, either directly or indirectly, to persons under the legal drinking age if the advertisement contains any direct or indirect endorsement of beer, wine or cider or the consumption of beer, wine or cider. This may include historical, political, religious and cultural figures, as well as celebrities and sports figures. (This would not apply to public service advertisements provided there is no direct or indirect endorsement or consumption of beer, wine or cider by the well-known personality.)

      Portrayals of well-known personalities which would generally be prohibited due to the potential that the personality may appeal to persons under the legal drinking age may be used provided the use of the personality is incidental to the advertisement and the use of the personality does not make the advertisement appealing to persons under the legal drinking age.

    2. Children’s songs, fictional characters etc., or the imitation thereof, may not be used in advertising.
    3. For the advertising of beer, wine or cider, the use of a medium that is targeted at persons under the legal drinking age is not permitted. For example, advertisements may not appear in magazines targeted specifically at people under the legal drinking age or run in conjunction with movies where the intended age of the audience is under the legal drinking age.
    4. Advertisements should not be placed within areas which are specifically targeted at persons under the legal drinking age if the advertisement directly or indirectly endorses beer, wine or cider or the consumption of beer, wine or cider. An example of this would be a children’s concert which is attended by a large number of adults. 
    5. Songs which have a specific appeal to persons under the legal drinking age shall not be used for advertising beer, wine or cider.
    6. Notwithstanding this subsection, any advertising of an authorized grocery store, which does not refer to the availability of beer, wine or cider, may appeal to persons under the legal drinking age and may be placed in media targeted specifically at people under the legal drinking age. For example, a grocery store may wish to sponsor an event targeted at people under the legal drinking age. This may be done provided the references to the grocery store do not include any references to the availability of beer, wine or cider.
  5. does not associate consumption of beer, wine or cider with driving a motorized vehicle, or with any activity that requires care and skill or has elements of danger 
    1. Persons should not be depicted with beer, wine or cider prior to, in anticipation of, or while engaging in any activities which involve care and skill or elements of physical danger. (An activity includes work, sports, recreation, crafts, and hobby). 
    2. Consumption should not be associated with the performance of any aspect of any activity, which calls for a high degree of skill if imitation by the unskilled or underage could be considered dangerous.
    3. The depiction of an activity which involves care and skill or elements of physical danger must clearly establish that the individuals shown with beer, wine or cider are merely spectators or have completed that activity for the day and are then depicted with the product.
    4. Vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for beer, wine or cider advertising; however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
  6. does not depict motorized vehicles in motion in advertising showing consumption of beer, wine or cider, unless the motorized vehicle is a form of public transportation
    1. Persons should not be depicted with beer, wine or cider prior to, in anticipation of, or while operating a motorized vehicle. There cannot be any indication, direct or implied, that an individual who has been depicted with beer, wine or cider will then be operating a motorized vehicle.
    2. Motorized vehicles should not be shown in motion in an advertisement, which includes a consumption scenario unless the vehicle is a form of public transportation. Parked vehicles, or vehicles such as buses, trains, planes, taxicabs, licensed boats, etc., in motion, may appear in advertisements with consumption scenarios.
    3. Motorized vehicles involved in races, competitions, contests, exhibitions, or public displays may be used as a medium for beer, wine or cider advertising, however, graphics of the product (i.e. bottles, cans, glasses, etc.) and specific references to alcohol content (% alcohol / volume) are not permitted.
  7. does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of beer, wine or cider
    1. An advertisement may not depict a grocery store gifting any customer with beer, wine or cider, or an individual gifting a person under the legal drinking age with beer, wine or cider.
    2. The illegal handling of beer, wine or cider may not be depicted. For example smuggling beer, wine or cider across a border may not be depicted.
    3. The consumption of beer, wine or cider may not be depicted or implied in settings where this would not be legal in Ontario such as public beaches, public parks, private boats without sleeping accommodations, etc.
    4. Beer, wine and/or cider may be depicted in a setting where consumption is not permitted provided it is clearly a beauty shot with no evidence of people or of previous or imminent consumption.
  8. may not advertise or promote the use of points for the payment of beer, wine or cider (including exchange, conversion or redemption of)
    1. Advertisements and promotions may reference benefits issued on the purchase of beer, wine or cider pursuant to an in-store loyalty/reward program (i.e. loyalty/rewards points may be received for the purchase of beer, wine and cider).
    2. Loyalty/rewards points may not be redeemed toward the purchase of beer, wine or cider. References to the redemption of loyalty/reward points toward the purchase of beer, wine and/or cider may not be made.
    3. Loyalty and rewards programs must be applied equally to all beer, wine and cider products. Promotions involving extra loyalty points or rewards for a particular brand are not permitted.
  9. may not advertise or promote free or discounted merchandise contingent on the purchase of beer, wine and/or cider.

 

Guidelines for Wineries Operating Wine Boutiques in Grocery Stores

Wineries operating with a wine boutique endorsement in grocery stores should refer the Guidelines for Liquor Sales Licensees and Manufacturers in the AGCO.

Except for public service advertising, a winery authorized to sell wine in a wine boutique at a grocery store may advertise or promote wine or the availability of wine only if the advertising adheres to these directives.