Pursuant to section 14.1 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, the following is the schedule of monetary penalties that the Board of the Alcohol and Gaming Commission of Ontario has established, and the Minister of the Attorney General has approved, for contraventions of the Liquor Licence Act and its regulations: 

Liquor Licence Act

Section

Regulation

Maximum Penalty

16

Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or a change of licensee, no person shall keep for sale, offer for sale or sell liquor, deliver liquor for a fee or operate a ferment on premise facility under the authority of the licence unless the licence is transferred by the Registrar in accordance with this Act and the regulations. 2010, c. 16, Sched. 5, s. 3 (3).

Up to $10,000

22(3)

A manufacturer’s licence is subject to such conditions as may be imposed by the Registrar or prescribed. R.S.O. 1990, c. L.19, s. 22 (3); 2002, c. 18, Sched. E, s. 7 (4); 2006, c. 34, s. 16 (41).

Up to $6,000

29

No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated. R.S.O. 1990, c. L.19, s. 29.

Up to $15,000

30(1)

No person shall knowingly sell or supply liquor to a person under nineteen years of age. R.S.O. 1990, c. L. 19, s. 30(1).

Up to $20,000

30(2)

No person shall sell or supply liquor to a person who appears to be under nineteen years of age. R.S.O. 1990, c. L. 19, s. 30(2).

Up to $15,000

30(3)

No licensee or employee or agent of a licensee shall knowingly permit a person under nineteen years of age to have or consume liquor in the licensee’s licensed premises. R.S.O. 1990, c. L.19, s. 30 (3).

Up to $20,000

30(4)

No licensee or employee or agent of a licensee shall permit a person who appears to be under nineteen years of age to have or consume liquor in the licensee’s licensed premises. R.S.O. 1990, c. L.19, s. 30 (4).

Up to $15,000

30(4.1)(a)

No licensee of a ferment on premise facility or employee or agent of such a licensee shall knowingly permit a person under 19 years of age to use the facility for the making of beer or wine.

Up to $20,000

30(4.1)(b)

No licensee of a ferment on premise facility or employee or agent of such a licensee shall permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine. 1998, c. 24, s. 12 (1); 2006, c. 34, s. 16 (42).

Up to $15,000

30.1(1)

No person shall sell or supply liquor or offer to sell or supply liquor from a prescribed premises unless,

 

  1. the premises prominently displays a warning sign containing the prescribed information that cautions women who are pregnant that the consumption of alcohol during pregnancy is the cause of Fetal Alcohol Spectrum Disorder;
  2. the sign is posted at the premises in accordance with the prescribed criteria; and
  3. the sign satisfies any other criteria that are prescribed. 2004, c. 12, s. 1.

Up to $2,000

34(1)

The holder of a licence or permit issued in respect of premises shall ensure that a person does not remain on the premises if the holder has reasonable grounds to believe that the person,

  1. is unlawfully on the premises;
  2. is on the premises for an unlawful purpose; or
  3. is contravening the law on the premises. R.S.O. 1990, c. L.19, s. 34 (1).

Up to $15,000

34(4)

The holder of the licence or permit for premises that are required to be vacated under subsection (3) shall take all reasonable steps to ensure that the premises are vacated. R.S.O. 1990, c. L.19, s. 34 (4).

Up to $15,000

45(1)

No person shall obstruct a person carrying out an inspection under this Act or withhold, destroy, conceal or refuse to provide any relevant information or thing required for the purpose of the inspection.

Up to $15,000

45(2)

It is a condition of each licence and permit issued under this Act that the licensee or permit holder facilitate an inspection relevant to the licence or permit. R.S.O. 1990, c. L.19, s. 45.

Up to $15,000

 

Licences to Sell Liquor O. Reg. 719/90

 

Section

Regulation

Maximum Penalty

2.1(4)

It is a condition of a licence issued under this section that the licence holder shall not sell or serve liquor earlier than 9 a.m. or later than 9 p.m. on any day.

Up to $6,000

13

Premises to which a licence applies, other than on a railway car or a boat, must be defined by a partition that is at least 0.9 metres high and that makes the premises readily distinguishable from adjacent premises to which the licence does not apply. O. Reg. 247/02, s. 11.

Up to $5,000

15

(1)    Except as provided in subsection (2), the holder of a licence to sell liquor shall not contract out the sale and service of liquor. O. Reg. 230/03, s. 11.

(2)    The Registrar shall authorize a licence holder to contract out the sale and service of liquor to a person who is applying to receive the transfer of the licence holder’s licence if,

  1. the applicant has filed with the Registrar an application for transfer and paid the required fee; and
  2. the licence holder has signed an authorization for the applicant to operate the business and has filed it with the Registrar. O. Reg. 230/03, s. 11.

Up to $5,000

16(1)

The holder of a licence to sell liquor shall not carry on the business to which the licence applies under a name other than the name set out on the licence. R.R.O. 1990, Reg. 719, s. 16 (1).

Up to $1,500

17(1)

The holder of a licence to sell liquor shall not supply liquor to a person except in accordance with the conditions of the liquor sales licence. O. Reg. 230/03, s. 12.

Up to $6,000

17(2)

The licence holder shall ensure that liquor is offered for sale, sold and served only under the supervision of an employee authorized by the licence holder for the purpose. O. Reg. 230/03, s. 12.

Up to $4,000

17(3)

The licence holder shall ensure that no liquor is sold or served from a vending machine. O. Reg. 230/03, s. 12.

Up to $3,000

18

The holder of a licence to sell liquor shall not substitute one type of liquor for another in a customer’s drink unless the customer consents to the substitution. R.R.O. 1990, Reg. 719, s. 18.

Up to $4,000

18.1

The holder of a licence to sell liquor 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 applies. O. Reg. 230/03, s. 13.

Up to $4,000

18.2(1)

The holder of a licence to sell liquor shall not permit

contests on the premises to which the licence applies which involve the purchase or consumption of liquor.
O. Reg. 230/03, s. 13.

Up to $4,000

18.2(2)

The licence holder shall not permit contests which require a patron 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 referred to in section 15 of Ontario Regulation 68/94 (Registration of Suppliers and Gaming Assistants — Games of Chance Held under a Licence) made under the Gaming Control Act, 1992 pursuant to a lottery licence issued to a charitable or religious organization pursuant to clause 207 (1) (b) of the Criminal Code (Canada).

O. Reg. 563/06, s. 1.

Up to $4,000

18.2(3)

Except as permitted in subsection 33 (2), the licence

holder shall not permit free liquor to be offered or given to a patron as a prize in a contest. O. Reg. 230/03, s. 13.

Up to $4,000

19(1)

The holder of a licence to sell liquor shall not adulterate liquor by adding any substance to it or keep for sale or sell adulterated liquor. R.R.O. 1990, Reg. 719, s. 19 (1).

Up to $10,000

20(1),(2),(3),(5)

(1)    The holder of a licence to sell liquor shall not engage in or permit practices that may tend to encourage patrons’ immoderate consumption of liquor. O. Reg. 354/07, s. 3.

(2)

(2)  Without restricting the generality of subsection (1), if the licence holder’s premises are not a casino, the licence holder 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. O. Reg. 89/19, s. 2 (2).

(2.1) Without restricting the generality of subsection (1), if the licence holder’s premises are a casino, the licence holder shall not,

 

(a)  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; or

(b)  supply complimentary servings of liquor except in circumstances that are consistent with not encouraging the immoderate consumption of liquor. O. Reg. 89/19, s. 2 (2).

 

(3) Without restricting the generality of subsection (1), the licence holder shall not offer for sale a serving of liquor for less than a total purchase price of two dollars, including retail sales tax, goods and services tax and any

other applicable taxes. O. Reg. 354/07, s. 3.

(5) If a licence holder offers for sale a serving of liquor that differs from the volume prescribed in subsection (4), the minimum price for that serving shall increase or decrease in direct proportion to the difference in volume of liquor contained in that serving. O. Reg. 354/07, s. 3.

Up to $6,000

21

The holder of a licence shall not directly or indirectly request, demand or receive any financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer. R.R.O. 1990, Reg. 719, s. 21.

Up to $6,000

21.1

The holder of a licence 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. O. Reg. 354/07, s. 4.

Up to $2,000

23

(1)    The licence holder shall not operate or permit to be operated at the premises to which the licence applies the business of providing entertainment designed to appeal to erotic or sexual appetites or inclinations if the entertainment includes entertainment provided by a person under 18 years of age. O. Reg. 181/11, s. 5.

(2)   In subsection (1),

“entertainment designed to appeal to erotic or sexual appetites or inclinations” includes entertainment,

  1. a feature or characteristic of which is the nudity or partial nudity of a person, or
  2.  in respect of which the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or “nu” or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement. O. Reg. 181/11, s. 5.

(3)    Subsections 41 (3), (4) and (5) and subsections 42

(1) and (2) apply with respect to the enforcement of subsection (1). O. Reg. 181/11, s. 5.

Up to $6,000

25(1),(2)

(1)    Except for December 31, liquor may be sold and served only between 11 a.m. on any day and 2 a.m. on the following day. O. Reg. 163/96, s. 5.

(2)   On December 31, liquor may be sold and served only between 11 a.m. on any day and 3 a.m. on the following day. O. Reg. 163/96, s. 5.

Up to $6,000

28

Liquor may be sold and served on a boat only when,

  1. the boat is being used for the primary purpose of transporting its passengers; and
  2. the boat is underway or would be underway but for unforeseen circumstances or the operator has indicated that the boat will soon be underway. O. Reg. 181/11, s. 6.

Up to $6,000

29

The licence holder shall ensure that evidence of liquor that has been served and consumed on the premises is removed within forty-five minutes after the end of the period during which liquor may be sold and served under the licence. R.R.O. 1990, Reg. 719, s. 29.

Up to $4,000

30(2)

The licence holder shall not employ a person under eighteen years of age to sell or serve liquor on the

premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 30 (2).

Up to $2,000

31(1)

The licence holder may keep for sale, sell and serve,

(b)   only liquor that the licence holder has purchased from a government store; and

(c)   only liquor that the licence holder purchased under the licence. R.R.O. 1990, Reg. 719, s. 31 (1); O. Reg. 230/03, s. 20.

Up to $6,000

31(2)

When purchasing liquor under the licence, the licence

holder shall provide the government store with the licence number. R.R.O. 1990, Reg. 719, s. 31 (2).

Up to $4,000

31.1

(1)    Subject to subsection (2), the licence holder shall not have or permit any one to have in the premises to which the licence applies or that are used in connection with the sale and service of liquor, including the liquor and food preparation area and storage areas, any container that contains liquor or any other substance other than the liquor contained in the container at the time the licence holder purchased the container under the licence from a government store. O. Reg. 31/94, s. 6.

(2)    A licence holder may use automatic dispensing equipment to serve liquor if all the liquor contained in the automatic dispensing equipment comes from the same container of liquor that the licence holder has purchased under licence from a government store. O. Reg. 31/94,

s. 6.

Up to $2,000

32(1)

A licence holder who offers spirits, beer or wine for sale shall keep in stock and offer for sale a variety of liquor products of a variety of manufacturers. O. Reg. 230/03, s. 21.

Up to $2,000

33(1)

The licence holder shall not permit liquor, other than liquor purchased by the licence holder under licence from a government store, to be brought onto the premises to which the licence applies or that are used in connection with the sale and service of liquor, including the liquor and food preparation area and storage areas. O. Reg. 31/94, s. 7.

Up to $6,000

34(1)

The licence holder shall not permit a patron to remove liquor from the premises to which the licence applies.

R.R.O. 1990, Reg. 719, s. 34.

Up to $4,000

35(1)

The licence holder shall ensure that light meals are available for sale to patrons on the premises. R.R.O. 1990, Reg. 719, s. 35 (1).

Up to $2,000

36

The licence holder shall ensure that meals sold and served on the premises to which the licence applies are prepared on the premises or on nearby premises that are under the control of the licence holder. O. Reg. 346/93, s. 6.

Up to $2,000

38

The licence holder shall ensure that a variety of non- alcoholic beverages is available for sale at moderate

prices in relation to the prices charged for liquor. R.R.O. 1990, Reg. 719, s. 38.

Up to $2,000

39

On and after January 1, 2008, all current and new licence holders shall ensure that all managers, persons involved in the sale or service of liquor and security staff whom the licence holder employs or, in the case of a stadium, uses, hold, within 60 days of the commencement of starting to so act, a certificate demonstrating the successful completion of a server training course approved by the Board. O. Reg. 181/11, s. 9.

Up to $4,000

40

The licence holder shall ensure that the licence holder and any person involved in the sale or service of liquor, providing security or management services, including managers of the premises, have successfully completed any applicable training courses or programs approved by the Board within the periods specified by the Board

Up to $4,000

41(1)

The licence holder shall ensure that, before liquor is sold or served to a person apparently under the age of

nineteen years, an item of identification of the person is inspected. R.R.O. 1990, Reg. 719, s. 41 (1).

Up to $15,000

41(2)

If a condition of the liquor sales licence prohibits the entry of persons under nineteen years of age at the premises to which the licence applies, the licence holder shall ensure that an item of identification is inspected before admitting the person to the premises. R.R.O. 1990, Reg. 719, s. 41 (2).

Up to $15,000

42(1)

At the request of an inspector designated under section 43 of the Act, the licence holder or an employee of the licence holder shall request evidence as to the age of a person on the premises to which the licence applies. O. Reg. 63/98, s. 14; O. Reg. 354/07, s. 8.

Up to $15,000

43

The licence holder shall ensure that the number of persons on the premises to which the licence applies, including employees of the licence holder, does not exceed the capacity of the licensed premises as stated on the licence. O. Reg. 346/93, s. 7.

Up to $10,000

44(1)

The licence holder shall ensure that no person enters behind the bar at the premises to which the licence applies during the hours that liquor is sold or served unless the person is,

  1. an employee authorized by the licence holder to enter behind the bar;
  2. a representative of a manufacturer who is in the course of carrying out his or her duties;
  3. an employee of the Alcohol and Gaming Commission of Ontario;
  4. a government inspector who is in the course of carrying out his or her duties; or
  5. a police officer. R.R.O. 1990, Reg. 719, s. 44 (1); O. Reg. 63/98, s. 15; O. Reg. 230/03, s. 24.

Up to $2,000

44(2)

The licence holder shall ensure that police officers acting in the course of their duties are given access to the premises to which the licence applies and to the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder. R.R.O. 1990, Reg. 719, s. 44 (2).

Up to $15,000

45(1)

The licence holder shall not permit drunkenness, unlawful gambling or riotous, quarrelsome, violent or disorderly conduct to occur on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder. R.R.O. 1990, Reg. 719, s. 45 (1); O. Reg. 230/03, s. 25.

Up to $10,000

45(2)

The licence holder shall not permit a person to hold, offer for sale, sell, distribute or consume a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder. R.R.O. 1990, Reg. 719, s. 45 (2); O. Reg. 247/02, s. 17; O. Reg. 24/04, s. 1.

Up to $15,000

45.1

The licence holder shall ensure that reasonable measures are in place and reasonable efforts are made to deter disorderly conduct on property adjacent to and in the vicinity of the premises and to minimize damage, nuisance or other harm to such property arising out of disorderly conduct engaged in by patrons of the licence holder or persons attempting or waiting to enter the premises or leaving the premises. O. Reg. 354/07, s. 9.

Up to $10,000

45.2

The licence holder shall ensure that the licence holder or a manager appointed by the licence holder maintains control over the premises, including exercising control over who is permitted to enter the premises or remain on the premises and the activities that are permitted to occur on the premises. O. Reg. 354/07, s. 9.

Up to $10,000

46

The holder of a licence that applies to outdoor premises shall not permit noise that arises directly or indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons who reside near the premises. R.R.O. 1990, Reg. 719, s. 46.

Up to $6,000

47

(1)    Liquor belonging to the licence holder must be stored adjacent to the premises for which the licence is issued. O. Reg. 230/03, s. 26.

(2)    Despite subsection (1), liquor may be stored in a convenient location near the premises if the premises is a railway car or a boat or if it is not practical to store the liquor adjacent to the premises. O. Reg. 230/03, s. 26.

(3)   The licence holder shall notify the Registrar of the

location of any liquor stored away from the premises pursuant to subsection (2). O. Reg. 230/03, s. 26.

Up to $2,000

49

The licence holder shall not alter the boundaries of the premises to which the licence applies or add tiered

seating on the premises without the prior written consent of the Registrar. O. Reg. 63/98, s. 17.

Up to $4,000

50

The holder of a licence that applies to premises other than a railway car or a boat shall ensure that the premises complies with,

  1. all applicable zoning by-laws respecting the use of the premises;
  2. the Building Code Act, 1992;
  3. the Fire Protection and Prevention Act, 1997; and
  4. the Health Protection and Promotion Act. O. Reg. 247/02, s. 19.

Up to $10,000

52

The licence holder shall post the licence in a conspicuous place in the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 52.

Up to $1,500

53

The licence holder shall make available to, or shall post in locations visible to, persons on the premises lists 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. (d) the purchase price of the liquor and the non- alcoholic beverages. O. Reg. 230/03, s. 27.

Up to $2,000

54

(1)   The licence holder shall retain for one year,

  1. records of the purchases of liquor offered for sale in the premises to which the licence applies; and
  2. records of the sales of liquor in the premises to which the licence applies. O. Reg. 230/03, s. 28.

(2)    The records must include purchase invoices. O. Reg. 230/03, s. 28.

Up to $6,000

55

(1)    If a licence is suspended, the licence holder shall post a sign provided by the Registrar concerning the suspension and shall ensure that the sign remains posted throughout the suspension. O. Reg. 63/98, s. 18.

(2)    The sign must be in a conspicuous place that is visible from the exterior of the premises to which the suspension applies. R.R.O. 1990, Reg. 719, s. 55 (2).

Up to $10,000

57

(1)  The holder of a liquor sales licence with a brew pub endorsement shall ensure that the conditions of the endorsement that are set out in this section are met. R.R.O. 1990, Reg. 719, s. 57 (1).

 

(2)   The beer manufactured by the licence holder must be manufactured at an establishment located at the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 57 (2).

(3)   The beer manufactured by the licence holder must be sold and consumed only,

  1. on the premises to which the licence holder’s licence applies;
  2. on one premises other than the premises where the beer is manufactured if,
    1. the licence holder has at least a 51 per cent interest in the business carried on at the other premises, and
    2. a liquor sales licence applies to the other premises; or
  3. in accordance with any caterer’s endorsement attached to the licence holder’s licence. O. Reg. 354/99, s. 1 (1).

(4)   The beer manufactured by the licence holder must not contain more than 6.5 per cent alcohol by volume. R.R.O. 1990, Reg. 719, s. 57 (4).

(5)   A sign stating the percentage alcohol content of the beer manufactured by the licence holder must be posted in a conspicuous place on the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 57 (5).

(6)   The beer manufactured by the licence holder must be manufactured in accordance with the standards established under the Food and Drugs Act (Canada). R.R.O. 1990, Reg. 719, s. 57 (6).

(7)   The licence holder shall make a daily record indicating the amount of beer manufactured for sale and the amounts of beer sold at each location referred to in subsection (3), and shall retain the records for two years. O. Reg. 354/99, s. 1 (2).

Up to $2,000

58

(1)    The holder of a liquor sales licence with a wine pub endorsement shall ensure that the conditions of the endorsement that are set out in this section are met. R.R.O. 1990, Reg. 719, s. 58 (1).

(2)    The wine manufactured by the licence holder must be manufactured at an establishment located at the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 58 (2).

The wine manufactured by the licence holder must be sold and consumed only on the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 58 (3).

(4)    The wine manufactured by the licence holder must not contain more than 14 per cent alcohol by volume. R.R.O. 1990, Reg. 719, s. 58 (4).

(5)    A sign stating the percentage alcohol content of the wine manufactured by the licence holder must be posted in a conspicuous place on the premises to which the licence applies. R.R.O. 1990, Reg. 719, s. 58 (5).

(6)    The wine manufactured by the licence holder must be manufactured in accordance with the standards established under the Food and Drugs Act (Canada). R.R.O. 1990, Reg. 719, s. 58 (6).

(7)    The licence holder shall make a daily record indicating the amount of wine manufactured for sale and the amount sold on the premises to which the licence applies and shall retain the records for two years. R.R.O. (3) 1990, Reg. 719, s. 58 (7).

Up to $2,000

60(1)

The licence holder may offer liquor for sale only at events which do not exceed ten consecutive days in duration and which are sponsored by a person other than the licence holder. R.R.O. 1990, Reg. 719, s. 60 (1).

Up to $5,000

60(2)

The licence holder shall not offer liquor for sale at a series of events sponsored by the same person if, as a result of doing so, the licence holder is or appears to be operating an ongoing business with the sponsor. R.R.O. 1990, Reg. 719, s. 60 (2).

Up to $5,000

61

Liquor may be sold or served only at events at which light meals are also available. R.R.O. 1990, Reg. 719, s. 61.

Up to $2,000

62

The licence holder shall not sell liquor at events held in a residence. R.R.O. 1990, Reg. 719, s. 62.

Up to $2,000

63(1)

The premises at which an event is held must comply with the requirements of this Regulation for premises to which a liquor sales licence applies. R.R.O. 1990, Reg. 719, s. 63 (1).

Up to $2,000

63.1(1)

At least 10 days before a catered event begins, a holder of a liquor sales 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
  6. seating in the area. O. Reg. 354/07, s. 10.

Up to $4,000

64(1)

Liquor may be sold and served at events only by the licence holder or by the employees of the licence holder. R.R.O. 1990, Reg. 719, s. 64 (1).

Up to $2,000

64(2)

The licence holder shall ensure that employees take a

course on server training approved by the Board. O. Reg. 63/98, s. 20.

Up to $4,000

65

Liquor not sold during an event must be returned to the licence holder’s inventory. R.R.O. 1990, Reg. 719, s. 65.

Up to $2,000

66

The licence holder shall not promote an event at which the licence holder is offering liquor for sale or invite persons to attend the event. R.R.O. 1990, Reg. 719, s. 66.

Up to $2,000

66.1(1)

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

  1. an application for a licence in respect of the premises has been refused because issuing the licence would not have been in the public interest;
  2. a licence in respect of the premises has been Revoked or is under suspension; or
  3. the premises has been disqualified under section 20 of the Act. O. Reg. 482/96, s. 3.

Up to $2,000

66.1(2)

The licence holder who holds both a caterer’s endorsement and a bring-your-own-wine endorsement shall not permit persons to bring wine onto the premises where the caterer’s endorsement applies under the bring- your-own-wine endorsement. O. Reg. 8/05, s. 6.

Up to $2,000

67

The holder of a liquor sales licence with a room service endorsement shall ensure, as a condition of the endorsement, that food is available for sale with the liquor. R.R.O. 1990, Reg. 719, s. 67.

Up to $4,000

70(1)

The licence holder may keep for sale, sell and serve,

(b)    only liquor that the licence holder has purchased from a government store; and

(c)    only liquor that the licence holder purchased under the licence. R.R.O. 1990, Reg. 719, s. 70 (1);

O. Reg. 230/03, s. 31.

Up to $6,000

70(2)

When purchasing liquor under the licence, the licence

holder shall provide the government store with the licence number. R.R.O. 1990, Reg. 719, s. 70 (2).

Up to $2,000

71

The licence holder shall provide a secure area for the storage of liquor. R.R.O. 1990, Reg. 719, s. 71.

Up to $2,000

72

(1)  A room rented as overnight accommodation that has mini bar service must be equipped with a dispenser for the storage of liquor and non-alcoholic beverages. R.R.O. 1990, Reg. 719, s. 72 (1).

(2)  Access to the contents of the dispenser must be

controlled by the licence holder or be restricted by means of a locking device. R.R.O. 1990, Reg. 719, s. 72

Up to $2,000

73

(1)   The licence holder shall ensure that a key or other security device for access to the contents of a dispenser in a room with mini bar service is not given to a person who is under nineteen years of age. R.R.O. 1990, Reg. 719, s. 73 (1).

(2)   The key or other security device for access to the contents of the dispenser must be separate from the room key. R.R.O. 1990, Reg. 719, s. 73 (2).

Up to $15,000

75

The licence holder shall retain records of mini bar sales for one year. O. Reg. 230/03, s. 32.

Up to $2,000

75.1

The holder of a liquor sales licence with a golf course endorsement shall ensure that the following conditions of the endorsement are met:

  1. Motorized vending carts used for the sale and service of liquor must be operated by an employee of the holder who is 18 years of age or older.
  2. Non-alcoholic beverages must be for sale from motorized vending carts used for the sale and service of liquor.
  3. Employees involved in the sale and service of liquor from motorized vending carts, as well as course marshals, must take a course on server training approved by the Board.
  4. A person must not drink or hold any liquor while driving a golf cart on a golf course. O. Reg. 163/96, s. 6; O. Reg. 63/98, s. 21; O. Reg. 354/07, s. 12.

Up to $6,000

87(2)(h)

Except for public service advertising, the holder of a licence to sell liquor may advertise or promote liquor or the availability of liquor only if the advertising is in compliance with guidelines related to advertising issued by the Registrar. O. Reg. 247/02, s. 27; O. Reg. 284/02, s. 3.

Up to $6,000

93

(1) If a person other than the holder of a liquor sales licence or mini bar licence is entitled to receive 15 per cent or more of the gross revenue from the sale of liquor under the licence, the licence holder shall provide the Registrar with a copy of the agreement or, if the agreement is not in writing, with details of the arrangement entitling the person to the payment within thirty days after entering into the agreement. R.R.O. 1990, Reg. 719, s. 93; O. Reg. 63/98, s. 33.

Up to $2,000

 

Liquor Delivery Licences, Licence to Represent a Manufacturer O. Reg. 718/90

 

Section

Regulation

Maximum Penalty

2.1(2),

para. 1

The holder shall not canvass for, receive or solicit orders for the sale of liquor except at a premises operated solely for that purpose or solely for that purpose and the purpose of selling items related to liquor.

Up to $1,500

2.1(2),

para. 2

The holder shall notify the Registrar of the address of any premises described in paragraph 1 within five business days of the opening of such premises.

Up to $1,500

2.1(2),

para. 3

The holder shall use a form of purchase order

referred to in subsection (3) for receiving an order for the sale of liquor by the manufacturer that the holder represents.

Up to $1,500

2.1(2),

para. 4

The holder shall remit all purchase orders to the

Liquor Control Board of Ontario or to a government store operated by the manufacturer and shall not take delivery of the liquor unless the order has been accepted by the Liquor Control Board of Ontario or the manufacturer and a copy of the order is attached to the liquor.

Up to $2,000

2.1(2),

para. 5

The holder shall not keep liquor except for the purpose of,

  1. delivering it to the person who ordered it in accordance with the purchase order received by the holder and accepted by the Liquor Control Board of Ontario or the manufacturer,
  2. carrying out market research, or
  3. providing a sample of a product of the manufacturer on condition that the sample is provided in a sealed, unopened container.

Up to $6,000

2.1(2),

para. 6

The holder shall not keep more than 180 litres of liquor for all of the purposes set out in paragraph 5 and shall keep liquor only at a premises described in paragraph 1.

Up to $6,000

2.1(2),

para. 7

The holder shall ensure that a copy of the purchase order is at all times attached to any liquor that is being kept for delivery to the person who ordered it. O. Reg. 167/96, s.1; O. Reg. 62/98, s. 2; O. Reg. 353/07, s.1.

Up to $1,500

14(2.1)

A licence holder whose business address changes shall immediately inform the Registrar

of the new address. O. Reg. 353/07, s. 3.

Up to $1,500

15, para. 1

The licence holder shall purchase liquor only from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. as agent for another person who is legally entitled to purchase liquor.

Up to $6,000

15, para. 2

The licence holder shall not purchase liquor from government stores operated by the Liquor Control Board of Ontario or Brewers Retail Inc. before receiving an order from a person who is legally entitled to purchase liquor.

Up to $1,500

15, para. 3

An order shall include and the licence holder shall record on an order form,

  1. the name and address of the licence holder,
  2. the name and address of the person on whose behalf the purchase is made,
  3. the kinds and quantities of liquor to be purchased, and
  4. the residential address where the liquor is to be delivered.

Up to $1,500

15, para. 4

The licence holder shall deliver the liquor to a person at the residential address listed in the purchase order referred to in paragraph 3.

Up to $1,500

15, para. 5

The licence holder shall obtain a receipt at the time of delivery, signed by the person on whose behalf liquor was purchased or by another person who resides at the place of delivery and who is at least 19 years of age, which states,

  1. the name and address of the person for whom the purchase was made,
  2. the date of delivery,
  3. the kinds and quantities of liquor delivered,
  4. the price paid for liquor purchased,
  5. the delivery fee, and
  6. the name of the person making the delivery.

Up to $1,500

15, para. 6

The licence holder shall not complete delivery unless the signed receipt referred to in paragraph 5 has been obtained.

Up to $1,500

15, para. 7

The licence holder shall charge the following minimum fee for the delivery of liquor:

  1. $6 in the municipalities of Burlington, Peterborough, Toronto and Welland,
  2. $5.50 in the municipalities of Barrie and Petawawa,
  3. $5 in the municipalities of Niagara Falls, Orillia and St. Catharines, and
  4. $4 in all other municipalities. O. Reg. 233/01, 
    s. 2.

Up to $1,500

16(1)

A holder of a licence to deliver liquor shall deliver liquor on the same day that the liquor is purchased and no later than one hour following the closing of the store from which the liquor was purchased. O. Reg. 233/01, s. 2.

Up to $6,000

16(2)

The licence holder and employees of the licence holder shall carry at all times during the purchase and delivery of liquor a copy of the licence to deliver liquor. O. Reg. 233/01, s. 2.

Up to $1,500

16(3)

The licence holder shall retain at its place of business, as set out in the licence, a copy of each order form and receipt referred to in section 15 for at least one year from the date of purchase and delivery. O. Reg. 233/01, s. 2.

Up to $1,500

17(1)

A holder of a licence to deliver liquor and employees of the licence holder shall inspect an item of identification before delivering liquor to a person who appears to be under 19 years of age. O. Reg. 233/01, s. 2.

Up to $15,000

18(1)

A holder of a licence to deliver liquor shall not carry on business as a liquor delivery service under a name other than the name set out on the licence or a name authorized by the Registrar under subsection (2). O. Reg. 233/01, s. 2.

Up to $1,500

19

A holder of a licence to deliver liquor shall not permit free liquor to be offered or given to a customer as a prize in a contest. O. Reg. 233/01, s. 2.

Up to $4,000

20

A holder of a licence to deliver liquor shall not directly or indirectly request, demand or receive any financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer.

O. Reg. 233/01, s. 2.

Up to $6,000

21(2)

(2)  Except for public service advertising, the holder of a licence to deliver liquor may advertise or promote liquor or the availability of liquor only if the advertising,

 

  1. (a)  is consistent with the principle of depicting responsibility in the use or service of liquor;
  2. (b)  promotes a general brand or type of liquor and not the consumption of liquor in general;
  3. (c)  does not imply that consumption of liquor is required in obtaining or enhancing,
    1. (i)  social, professional or personal success,
    2. (ii)  athletic prowess,
    3. (iii)  sexual prowess, opportunity or appeal,
    4. (iv)  enjoyment of any activity, 
    5. (v)  fulfilment of any goal, or ​ 
    6. (vi)  resolution of social, physical or personal problems;
  4. (d)  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;
  5. (e)  does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of physical danger;
  6. (f)  does not depict motorized vehicles in motion in advertising showing the consumption of liquor, unless the motorized vehicle is a form of public transportation;
  7. (g)  does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and
  8. (h) is in compliance with the guidelines related to advertising issued by the Registrar and published on the website of the Alcohol and Gaming Commission of Ontario, as they are
    1. amended from time to time. O. Reg. 30/16, s. 5.

Up to $6,000

22

A holder of a licence to deliver liquor shall not deliver liquor to a patient in an institution listed in the Schedule or to a patient in an institution for the treatment of alcoholics. O. Reg. 233/01, s. 2.

Up to $6,000

23

(1)    A holder of a licence to deliver liquor shall not contract out the delivery of liquor. O. Reg. 233/01, s. 2.

(2)    Despite subsection (1), a licence holder may contract out the delivery of liquor to a person who is applying to the Registrar to receive the transfer of the licence if, the applicant has filed with the Registrar an application for transfer and paid the required fee; and

(b) the licence holder has signed an authorization for the applicant to operate the business and has filed the authorization with the Registrar. O. Reg. 233/01, s. 2.

(3)   A licence holder may not contract out the delivery of liquor under subsection (2) for a period of more than 90 days after the day the person applies for the transfer of the licence. O. Reg. 233/01, s. 2.

(4)   The authorization filed under clause (2) (b) shall state that the licence holder remains responsible for compliance with the obligations under the licence during the period that the delivery of liquor has been contracted out. O. Reg. 233/01, s. 2.

Up to $6,000

23.1

On and after January 1, 2008, all current and new holders of a licence to deliver liquor shall ensure that all managers and other persons, whether employed by or under contract to the licence holder, who are involved with taking liquor orders from customers or in the service or supply of liquor to customers, hold a certificate demonstrating the successful completion of a server training course approved by the board of the Alcohol and Gaming Commission, within 60 days of the commencement of employment or of first being under contract. O. Reg. 353/07, s. 5.

Up to $4,000

 

Manufacturers’ Licences O. Reg. 720/90

 

Section

Regulation

Maximum Penalty

2(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. R.R.O. 1990, Reg. 720, s. 2 (1).

Up to $50,000

3(1)

Except under the authority of a special occasion permit, a manufacturer of liquor shall not give liquor to any person in Ontario. R.R.O. 1990, Reg. 720, s. 3 (1).

Up to $10,000

3(8)(a)

Where liquor is given under subsection (6), the manufacturer shall keep records of the liquor given, keep the records for two years and provide them to the Registrar upon request;

Up to $10,000

3(8)(b)

Where liquor is given under subsection (6), the manufacturer shall upon request, make a written report to the Registrar stating the amount of liquor that was given within 48 hours after the event. O. Reg. 248/02, s. 1.

Up to $4,000 per day

4

A holder of a manufacturer’s licence shall not mix or permit or cause to be mixed with any liquor kept for sale, sold or supplied by the manufacturer a drug, a form of methylic alcohol, a crude, unrectified or impure form of ethylic alcohol or any other deleterious substance or liquid. R.R.O. 1990, Reg. 720, s. 4.

Up to $10,000

5

(1)    In this section, “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 liquor or of the consumption of liquor. O. Reg. 248/02, s. 2.

(2)    Except for public service advertising, a manufacturer 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;
  2. promotes a general brand or type of liquor and not 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;
  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;
  5. does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of danger;
  6. does not depict motorized vehicles in motion in advertising showing consumption of liquor, unless the motorized vehicle is a form of public transportation;
  7. does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and
  8. is in compliance with guidelines related to advertising issued by the Registrar. O. Reg. 248/02, s. 2; O. Reg. 283/02, s. 2.

(3)  When premises to which a licence applies are used as a setting for a film or television production, the licence holder may show the name of the establishment if the licence holder complies with the requirements set out in subsection (2). O. Reg. 248/02, s. 2.

Up to $50,000

6

A holder of a manufacturer’s licence shall provide to the Liquor Control Board of Ontario such samples of the manufacturer’s products as are required by the Liquor Control Board of Ontario. R.R.O. 1990, Reg. 720, s. 6.

Up to $6,000

7

A manufacturer 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. O. Reg. 352/07, s. 1.

Up to $20,000

8

A holder of a manufacturer’s licence shall provide the Registrar with the financial information he or she requires concerning the activities of persons who hold licences to represent the manufacturer or the advertising and promotional activities of the manufacturer. O. Reg. 64/98, s. 2.

Up to $4,000 per day

9

(1)  A manufacturer of beer shall affix to each container of beer a label showing the nature of the contents, the name of the manufacturer and the place where the beer was brewed. R.R.O. 1990, Reg. 720, s. 9 (1).

(2)  For the purpose of subsection (1), the nature of the contents of the container must be designated by the words “beer”, “ale”, “stout”, “porter” or “lager”. R.R.O. 1990, Reg. 720, s. 9 (2).

Up to $6,000

9.1

(1) In this section, “spirits term” means the words “brandy”, “cognac”, “gin”, “grappa”, “liqueur”, “marc”, “mescal”, “pisco”, “pomace”, “rum”, “tequila”, “vodka”, “whisky” or any variation of those words that has the same meaning. O. Reg. 71/09, s. 1.

(2)    A manufacturer of beer or wine shall not use a spirits term on labels, packaging or containers of liquor sold or kept for sale at a government store or in any advertising material for such liquor. O. Reg. 71/09, s. 1.

(3)   Despite subsection (2), a manufacturer of beer or wine may,

  1. include a factual statement describing the aging of beer or wine in a spirits barrel on a label, container, package, or in advertising material, if such aging has taken place;
  2. continue to use the brand name “Gin Lane Ale” until January 1, 2013; or
  3. use a spirits term on labels, packaging or containers of liquor sold or kept for sale at a government store or in any advertising material for such liquor if the manufacturer satisfies the Registrar that the use of the term,
    1. is necessary to provide full and accurate information to the public about the character or attributes of the liquor,
    2. would not contravene any requirement or restriction in the laws of Ontario or the laws of Canada applicable to Ontario or any international trade agreement to which Canada is a signatory, and
    3. is not contrary to the public interest. O. Reg. 71/09, s. 1.

Up to $15,000

10

(1)    A manufacturer of beer shall forward to the Registrar every month a return, in a form approved by the Registrar, showing the gross amount of the manufacturer’s beer sales. O. Reg. 64/98, s. 2.

(2)    A manufacturer of beer shall forward to the Registrar upon request a return showing the gross amount of sales for the period requested. O. Reg. 64/98, s. 2.

Up to $4,000 per day

11

(1)  A holder of a manufacturer’s licence to sell Ontario wine shall not refuse entry to the premises where Ontario wine is produced, stored or sold, to an official designated by the Liquor Control Board of Ontario if the official wishes to enter,

  1. in order to record the weight of all grapes, cherries and other fruits received at the winery and used in the production of Ontario wine and concentrates;
  2. in order to inspect the premises where Ontario wine is produced, sold or stored;
  3. in order to take inventory of all Ontario wine and other products contained in the wine; or
  4. in order to inspect all records, books of account and invoices related to the manufacture, sale or delivery of Ontario wine. R.R.O. 1990, Reg. 720, s. 11 (1).

(2) Revoked: O. Reg. 352/07, s. 2.

Up to $15,000

12

(1)    A holder of a manufacturer’s licence shall ensure that any employee of the manufacturer who canvasses for, receives or solicits orders for the sale of liquor made by the manufacturer complies with section 2.1 of Regulation 718 of the Revised Regulations of Ontario, 1990. O. Reg. 212/98, s. 1.

(2)    A holder of a manufacturer’s licence shall not provide liquor to their employee for delivery to a person who ordered it unless the holder has received a purchase order for it remitted by the employee and has accepted the order. O. Reg. 212/98, s. 1.

(3)    A holder of a manufacturer’s licence shall not provide liquor under subsection (2) except from a government store operated by the holder. O. Reg. 166/96, s. 1.

Up to $10,000

 

Ferment on Premise Facilities O. Reg. 58/00

Section

Regulation

Maximum Penalty

3(1)

The licensee and the licensee’s employees and agents shall ensure that,

  1. before the end of the customer’s first visit to the licensed premises for the purpose of making beer or wine, the licensee transfers to the customer ownership of the ingredients being purchased by the customer from the licensee to make the beer or wine;
  2. the customer combines or mixes his or her beer wort, wine juice, wine juice concentrate or other juice or juice concentrate with such of the customer’s other ingredients as the customer wishes to add, except that the licensee or the licensee’s employees or agents,
    1. may add finings or stabilizing agents to the customer’s other ingredients,
    2. may operate equipment to filter and add carbonation to the customer’s ingredients, and
    3. may rack the customer’s beer or wine;
  3. the customer adds to the beer wort, wine juice, wine juice concentrate or other raw material of beer or wine any yeast or enzymes required to begin the fermentation process;
  4. the customer places his or her beer or wine in containers;
  5. the customer labels, corks, caps, shrink wraps or packages his or her beer or wine;
  6. the customer removes his or her beer or wine from the licensed premises immediately after it
  7. has been placed in containers. O. Reg. 58/00, s. 3 (1).

Up to $6,000

4(1)

The licensee and the licensee’s employees and agents shall not,

  1. produce on the licensed premises beer or wine for sale or exchange;
  2.  keep for sale or exchange, offer for sale or exchange, sell or exchange beer or wine on the licensed premises, regardless of who the beer or wine belongs to or who made it;
  3. give liquor to any person on the licensed premises;
  4. permit on the licensed premises the exchange, sale or giving of beer or wine made by customers. O. Reg. 58/00, s. 4 (1).

Up to $10,000

5(1)

The licensee and the licensee’s employees and agents shall not,

  1. permit anyone other than a customer to make beer or wine on the licensed premises;
  2. deliver a customer’s beer or wine;
  3. store or permit the storage on the licensed premises of beer or wine that has been placed in containers;
  4. remove or permit the removal of carboys being used in the making of beer or wine from the licensed premises; or
  5. bring or permit to be brought onto the licensed premises liquor to be added to beer or wine or to
  6. ingredients for making beer or wine. O. Reg. 58/00, s. 5 (1).

Up to $10,000

5(4)

The licensee and the licensee’s employees shall not, and shall ensure that the customer does not, place the customer’s ingredients in a carboy that contains ingredients belonging to any other customer. O. Reg.

58/00, s. 5 (4).

Up to $1,500

6(1)

The licensee shall not operate or permit to be operated at the licensed premises any business other than the operation of a ferment on premise facility and the sale of items ancillary to such operation. O. Reg. 58/00, s. 6 (1); O. Reg. 351/07, s. 2.

Up to $1,500

6(2),(3)

(2)   The licensee shall ensure that the licensed premises are clearly defined and are kept separate from other premises that are used for different purposes. O. Reg. 58/00, s. 6 (2).

(3)   The licensee shall ensure that the licensed premises are kept separate from other premises for which another

type of licence has been issued under the Act by way of a fixed floor-to-ceiling wall. O. Reg. 58/00, s. 6 (3).

Up to $1,500

7

The licensee shall ensure that the licence is posted in a conspicuous place on the licensed premises. O. Reg. 58/00, s. 7.

Up to $1,500

8(1)

The licensee shall retain for at least one year,

  1. records of the licensee’s purchases of ingredients; and
  2. a copy of each invoice prepared under subsection 9 (1). O. Reg. 58/00, s. 8 (1).

Up to $1,500

8(2)

The licensee shall, upon request, file with the Registrar annual figures setting out the amount of beer and wine produced on the licensed premises in a form provided by the Registrar. O. Reg. 58/00, s. 8 (2).

Up to $1,500

8(3)

The licensee shall, upon request, make available for inspection to any person designated under section 43 of the Act all records retained by the licensee. O. Reg. 58/00, s. 8 (3).

Up to $1,500

9(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. O. Reg. 58/00, s. 9 (1).

Up to $1,500

9(3)

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

juice, wine juice concentrate or other juice or juice concentrate in the carboy. O. Reg. 58/00, s. 9 (3).

Up to $1,500

10

(1)    Subject to subsection (2), the licensee shall not, without the prior approval of the Registrar, advertise beer or wine, the availability of beer or wine, the price on a per bottle basis for making beer or wine, or any promotions relating to the making of beer or wine. O. Reg. 58/00, s. 10 (1).

In an advertisement, the licensee may, without the prior approval of the Registrar,

  1. state that the licensee is licensed to operate a ferment on premise facility where equipment for the making of beer or wine is provided for customers;
  2. state the name of the licensed premises and its address;
  3. provide a list of the goods and services available and their prices;
  4. advertise the availability of various types of materials, beer wort, wine juices, wine juice concentrates or other juices or juice concentrates. O. Reg. 58/00, s. 10 (2); O. Reg. 351/07, s. 2.

(3)    The licensee shall ensure that no advertisement used by the licensee,

  1. promotes immoderate consumption; or
  2. indicates that beer or wine is available for sale or exchange on the licensed premises. O. Reg. 58/00, s. 10 (3).

(4)   The licensee shall ensure that no customer advertises, on the licensed premises, beer or wine for sale or exchange. O. Reg. 58/00, s. 10 (4).

Up to $6,000

11

(1) To prevent a person under the age of 19 from making beer or wine on the licensed premises, the licensee shall ensure that an item of identification from every person who is apparently under the age of 19 is inspected and that the person is not permitted to make beer or wine on the licensed premises unless the item of identification

indicates that the person is at least 19 years old. O. Reg. 58/00, s. 11 (1).

Up to $15,000

13

(1)    Subject to subsection (2), the licensee shall not contract out the operation of the ferment on premise facility. O. Reg. 58/00, s. 13 (1); O. Reg. 351/07, s. 2.

(2)    Except where a proposal has been issued for the suspension or revocation of the licensee’s licence, the licensee may contract out the operation of the ferment on premise facility on the licensed premises for a maximum period of 90 days to a person who is applying for a licence to operate a ferment on premise facility on the licensed premises if,

  1. the person has filed with the Registrar an application for the licence and has paid the required fee; and
  2. the licensee has signed an authorization on a form supplied by the Registrar for the applicant to operate the ferment on premise facility on the licensed premises and has filed the authorization with the Registrar. O. Reg. 58/00, s. 13 (2); O. Reg. 351/07, s. 2.

(3)  The licensee remains liable under the licence during the period for which the operation of the ferment on premise facility has been contracted out. O. Reg. 58/00, s. 13 (3); O. Reg. 351/07, s. 2.

Up to $5,000

14

(1) The licensee shall not carry on the business to which the licence applies under a name other than the name set out on the licence or a name authorized by the Registrar under subsection (2). O. Reg. 58/00, s. 14 (1).

Up to $1,500

15(5)

A licensee whose licence to operate a ferment on premise facility is suspended shall post the 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, and shall ensure that the sign remains so posted throughout the suspension. O. Reg. 58/00, s. 15 (5); O. Reg. 351/07, s. 2.

Up to $5,000

19

If a change occurs as described in paragraph 2, 3, 4, 5 or 6 of subsection 16 (2), subsection 17 (2) or (4) or clause 18 (a), (b), (c), (d) or (e), the licensee shall immediately notify the Registrar in writing and file any additional information or application required by the Registrar. O. Reg. 58/00, s. 19.

Up to $1,500

 

Special Occasion Permits O. Reg. 389/91

 

Section

Regulation

Maximum Penalty

7

(1)   In this section, “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 liquor or of the consumption of liquor. O. Reg. 182/11, s. 5 (1).

(2)    Except for public service advertising, a manufacturer 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;
  2. promotes a general brand or type of liquor and not 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;
  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;
  5. does not associate consumption of liquor with driving a motorized vehicle, or with any other activity that requires care and skill or has elements of danger;
  6. does not depict motorized vehicles in motion in advertising showing consumption of liquor, unless the motorized vehicle is a form of public transportation;
  7. (g)   does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of liquor; and
  8. (h)   is in compliance with guidelines related to advertising issued by the Registrar. O. Reg. 182/11, s. 5 (1).

(3)  Despite subsection (2), a permit holder for a reception/public event described in paragraph 1 of section 3 shall not advertise or promote liquor of the availability of liquor. O. Reg. 182/11, s. 5 (1).

Up to $6,000

10(1)

A permit holder shall not add tiered seating on the premises to which the permit applies without providing prior written notice to the Registrar. O. Reg. 182/11, s. 6 (1).

Up to $4,000

11

The maximum capacity of premises other than railway cars and boats is the maximum capacity determined,

(a)   under the Building Code Act, 1992, if that Act applies with respect to the premises; or (b) under the Fire Prevention and Protection Act, 1997, if

clause (a) does not apply and if that Act applies with respect to the premises. O. Reg. 249/02, s. 1.

Up to $10,000

12

Premises must be readily distinguishable from adjacent premises to which the permit does not apply. O. Reg.

69/19, s. 5.

Up to $10,000

12.2

A permit holder shall not supply liquor to any person except in accordance with the conditions of the permit. O. Reg. 182/11, s. 7.

Up to $ 6,000

13

(1)    No person shall sell, offer for sale or serve at premises to which a permit applies a drink that contains more than eighty- five millilitres of spirits. O. Reg. 389/91, s. 13 (1).

(2)    Spirits may be sold in a pitcher intended for more than one person if the pitcher does not contain more than eighty- five millilitres of spirits per person. O. Reg. 389/91, s. 13 (2).

Up to $4,000

14

A permit holder shall not substitute one type of liquor for another liquor in a drink of a customer unless the customer consents to the substitution. O. Reg. 389/91, s. 14.

Up to $ 4,000

15

(1) A permit holder shall not adulterate liquor by adding any substance to it or keep for sale or sell adulterated liquor. O. Reg. 389/91, s. 15 (1).

 

A permit holder may add a substance to a customer’s drink when requested to do so by the customer. O. Reg. 389/91, s. 15 (2).

Up to $10,000

16

The permit holder shall not require a person to purchase a minimum number of drinks in order to gain entry to, or remain on, the premises. O. Reg. 389/91, s. 16.

Up to $4,000

17

(1) A permit holder shall not, directly or indirectly, request, demand or receive a financial or material benefit from a manufacturer of liquor or a representative or an employee of the manufacturer. O. Reg. 389/91, s. 17 (1).

(2) Revoked: O. Reg. 182/11, s. 8 (2).

(3) Despite subsection (1), a permit holder may request or receive liquor from a manufacturer who is donating it for an event described in subparagraph 2 i of section 3. O. Reg. 282/02, s. 2; O. Reg. 182/11, s. 8 (3).

Up to $10,000

18

(1)    A permit holder shall not engage in or allow practices which may tend to encourage the immoderate consumption of liquor by a person attending the event. O. Reg. 389/91, s. 18 (1).

(2)   The permit holder shall ensure that the price of liquor or a drink containing liquor is the same during all hours of operation of the event. O. Reg. 389/91, s. 18 (2).

Up to $6,000

19

The permit holder shall not permit contests on the premises to which the permit applies that involve the purchase or consumption of liquor. O. Reg. 389/91, s. 19.

Up to $6,000

20

The permit holder shall not permit free liquor to be offered or given to a customer as a prize in a contest. O. Reg. 389/91, s. 20.

Up to $4,000

22

(1)   The permit holder 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. O. Reg. 389/91,

s. 22 (1).

(2)   In determining whether security is sufficient under subsection (1), the permit holder shall consider,

  1. the nature of the event;
  2. the size of the premises; and
  3. the age and number of persons attending the event. O. Reg. 389/91, s. 22 (2).

Up to $10,000

23

The permit holder shall ensure that no liquor is sold or served from a vending machine on the premises to which a permit applies. O. Reg. 389/91, s. 23.

Up to $3,000

24(5)

The permit holder shall ensure that liquor is sold and served only during the hours specified in the permit. O. Reg. 389/91, s. 24 (5).

Up to $6,000

25(1)

A permit holder may sell, keep for sale or serve only liquor that the permit holder has purchased from a government store. O. Reg. 182/11, s. 11 (1).

Up to $6,000

26(1)

Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licenses to Sell Liquor) made under the Act, the permit holder shall ensure that only liquor purchased under the authority of the permit or otherwise authorized to be served under the permit is brought upon the premises to which the permit applies. O. Reg. 389/91, s. 26 (1); O. Reg. 182/11, s. 12 (1).

Up to $6,000

26(2)

Subject to section 34.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 (Licenses to Sell Liquor) made under the Act, the permit holder shall ensure that no liquor sold or served on the premises to which the permit applies is removed from the premises by a person attending the event. O. Reg. 389/91, s. 26 (2); O. Reg. 182/11, s. 12 (3).

Up to $4,000

26(4.1)

Despite subsection (2), if a patron has brought liquor onto the premises in accordance with subsection (1.3) and has not consumed the liquor, the permit holder shall not permit the patron to remove the liquor from the premises when the patron departs unless,

(a)  in the case of a patron who departs in a motorized vehicle other than a form of public transportation, the liquor is in a sealed and unopened container or packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle; or

(b)  in all other cases, the liquor is in a closed container. O. Reg. 69/19, s. 7.

Up to $4,000

28

(1)   The permit holder shall ensure that a variety of non- alcoholic beverages are sold or served on the premises to which the permit applies. O. Reg. 389/91, s. 28 (1).

(2)   The permit holder shall ensure that the price of non- alcoholic beverages is less than the price of liquor sold on the premises. O. Reg. 389/91, s. 28 (2).

(3)   Subsections (1) and (2) do not apply with respect to a permit issued for a tailgate event described in subparagraph 2 iv of section 3. O. Reg. 69/19, s. 9.

Up to $2,000

29

(1)   The permit holder shall ensure that, before liquor is sold or served to a person apparently under the age of nineteen, an item of identification of the person is inspected. O. Reg. 389/91, s. 29 (1).

(2)   If a condition of the permit prohibits the entry of persons under nineteen years of age at the premises to which the permit applies, the permit holder shall ensure that an item of identification is inspected before admitting a person apparently under that age to the premises. O. Reg. 389/91, s. 29 (2).

Up to $15,000

29.1(1)

The holder of a permit issued for a tailgate event described in subparagraph 2 iv of section 3 shall not permit persons under 19 years of age to consume liquor at the event. O. Reg. 69/19, s. 10.

Up to $15,000

29.1(2)

(2) If the permit holder believes that a person apparently under 19 years of age is consuming liquor at the event, the permit holder shall request that the person provide an item of identification and inspect it. O. Reg. 69/19, s. 10.

29.1(2)

29.1(5)

If the permit holder is not satisfied that a person consuming liquor is at least 19 years of age, the permit holder shall remove the person from the premises to which the permit applies. O. Reg. 69/19, s. 10.

Up to $10,000

30

If an inspector designated under section 43 of the Act believes that any person in the premises to which a permit applies is less than 19 years of age, the inspector may require the permit holder or a person designated under section 36 of this Regulation to request evidence as to the age of the person in the premises. O. Reg. 182/11, s. 14.

Up to $15,000

31(1)

A permit holder shall ensure that no person enters behind the bar during the hours that liquor is sold or served unless the person is,

  1. an employee or other person authorized by the permit holder to enter behind the bar;
  2. an employee of the Alcohol and Gaming Commission of Ontario;
  3. a police officer;
  4. a government inspector who is in the course of carrying out his or her duties; or
  5. a licensed representative of a manufacturer who is in the course of carrying out his or her duties. O. Reg. 389/91, s. 31 (1); O. Reg. 66/98, s. 9.

Up to $2,000

32

A permit holder shall not permit drunkenness, unlawful gambling or riotous, quarrelsome, violent or disorderly conduct to occur on the premises to which the permit applies or in the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the permit holder. O. Reg. 182/11, s. 15.

Up to $10,000

33

The permit holder shall post the permit in a conspicuous place on the premises to which the permit applies or shall keep it in a place where it is readily available for inspection. O. Reg. 389/91, s. 33; O. Reg. 182/11, s. 16.

Up to $1,500

34

The permit holder shall post the levy receipt for the liquor purchased, if any, in a conspicuous place on the premises to which the permit applies or shall keep it in a place where it is readily available for inspection. O. Reg. 389/91, s. 34; O. Reg. 182/11, s. 16.

Up to $1,500

35

The permit holder shall remove all evidence of the service and consumption of liquor within forty-five minutes after the end of the period during which liquor may be sold or served under the permit. O. Reg. 389/91, s. 35.

Up to $4,000

36(1)

The permit holder shall attend the event to which the permit applies or designate a person to attend in the permit holder’s place. O. Reg. 389/91, s. 36.

Up to $4,000

36(2)

If the permit holder designates a person to attend the event in the permit holder’s place, the permit holder and the designated person shall sign the permit and the permit holder shall keep it at the event and make it available to a police officer or to an inspector designated under section 43 of the Act upon request. O. Reg. 182/11, s. 17.

Up to $1,500

39

(1)    A permit holder shall keep records describing all purchases, sales and stocks of liquor under the permit. O. Reg. 389/91, s. 39 (1); O. Reg. 182/11, s. 20.

(2)   The permit holder shall keep the records for six months and shall provide them to the Registrar of Alcohol and Gaming upon request. O. Reg. 66/98, s. 12.

Up to $6,000

40

The permit holder or, in the case of an organization, the person who applied for the permit shall, upon request, make a written report to the Registrar within 48 hours after an event is held, stating the amount of liquor that was purchased for the event and the amount of liquor that was not consumed at the event. O. Reg. 66/98, s. 13.

Up to $1,500

 

Was this page useful?

Please help us improve the AGCO website by responding to this survey