Pursuant to section 14(2) of the Alcohol and Gaming Commission of Ontario Act, 2019, 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 and Control Act. 2019 and its regulations, effective February 24, 2023.

Liquor Licence and Control Act, 2019

Section

Infraction

Maximum

Penalty

10(1)

(1) A licence is subject to the conditions,

 

  1. that the Registrar attaches with the applicant’s consent;
  2. that the Registrar attaches under subsection (2);
  3. that the Registrar imposes under subsection 9 (3) or (4);
  4. that the Tribunal imposes; or
  5. that are prescribed.
Up to $15,000

14

Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or if the licensee changes, no person shall carry on the business under the authority of the licence unless the Registrar transfers the licence in accordance with the regulations.

Up to $15,000

20(1)

(1) A permit is subject to the conditions that,

 

  1. the Registrar attaches with the applicant’s consent;
  2. the Registrar attaches under subsection (2);
  3. the Registrar imposes under subsection 19 (3);
  4. the Tribunal imposes; or
  5. are prescribed.
Up to $15,000

24(6)

Every licensee and permit holder shall comply with the standards and requirements established under subsection (1).

Up to $15,000

Licence to operate a liquor consumption premises
 

Licence to deliver
 

Licence to operate a ferment on premises facility
 

Licence to represent a manufacturer
 

Permit Holder


 

Up to $20,000

Licence to operate a retail store
 

Manufacturer’s licence

32

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.

Up to $15,000

33(1)(a)

No person shall,

  1. knowingly sell or supply liquor to a person under 19 years of age;

Up to $20,000

33(1)(b)

  1. sell or supply liquor to a person who appears to be under 19 years of age.

Up to $15,000

33(2)(a)

No licensee or employee or agent of a licensee shall,

  1. knowingly permit a person under 19 years of age to have or consume liquor in the licensee’s licensed premises;

Up to $20,000

33(2)(b)

  1. permit a person who appears to be under 19 years of age to have or consume liquor in the licensee’s licensed premises.

Up to $15,000

 

33(4)(a)

No licensee of a ferment on premises facility or employee or agent of such a licensee shall,

  1. knowingly permit a person under 19 years of age to use the facility for the making of beer or wine.

Up to $20,000

33(4)(b)

  1. permit a person who appears to be under 19 years of age to use the facility for the making of beer or wine.

Up to $15,000

 

36

No person shall sell or supply liquor or offer to sell or supply liquor from prescribed premises unless a prescribed sign warning of the dangers of fetal alcohol spectrum disorder is displayed in accordance with the regulations.

Up to $2,000

44(1)

A licensee that has been issued a licence to operate a liquor consumption premises or a permit holder shall ensure that a person does not remain on the premises in respect of which the licence or permit was issued if the licensee or permit holder reasonably believes that the person is,

  1. unlawfully on the premises;
  2. on the premises for an unlawful purpose; or
  3. contravening the law on the premises.

Up to $15,000

46(3)

The licensee or permit holder in respect of premises that are ordered to be vacated under subsection (1) shall take all reasonable steps to ensure that the premises are vacated.

Up to $15,000

55(8)

It is a condition of every licence and permit that the licensee and permit holder must facilitate inspections under this Act.

Up to $15,000

66(1)

No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection.

Up to $15,000

66(2)

No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an investigator executing a warrant under this Act or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Up to $15,000

 

General O. Reg 745/21

Section

Infraction

 Maximum

Penalty

11(3)

1.2.

3.4.5.

(3) If the operator of a retail store uses a carrier to deliver liquor, the operator shall ensure that the following conditions are met, in addition to the requirements in sections 9 to 11 of Ontario Regulation 746/21 (Licensing):

  1. The liquor is delivered only by the carrier.
  2. The liquor originates from the operator’s retail store.
  3. Subject to paragraph 4, the liquor is delivered on the same day that it is picked up from the retail store, or the first regular delivery day that follows.
  4. If the carrier is unable to deliver the liquor within three days following its initial attempt, the liquor is promptly returned to the retail store.
  5. The carrier does not store liquor pending delivery except to temporarily keep liquor in a secure area at its premises until the liquor is delivered or returned to the retail store, during which time only the carrier’s employees have access to the liquor.

Up to $6,000

Licensing: O. Reg. 746/21

Part II: General Rules and Conditions

Section

Infraction

Maximum Penalty

9(2)

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

  1. liquor is sold or served to the person;
  2. liquor is delivered to the person;
  3. if the licence is subject to a condition prohibiting the entry of persons under 19 years of age onto the licensed premises, the person is admitted to the licensed premises;
  4. the person picks up beer or wine that was ordered or purchased online from an eligible grocery store or wine boutique; or
  5. the licensee permits the person to make beer or wine on the licensed premises, in the case of a licence to operate a ferment on premises facility.

Up to $15,000

10(2) 1.

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

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

Up to $15,000

 

10(2) 2.

 

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

Up to $15,000

10(2) 3.i.

  1. The liquor must be delivered to a person who,
    1. is at least 19 years of age,

Up to $15,000

10(2) 3.ii.

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

Up to $2,000

10(2) 3.iii.

  1. does not appear to be intoxicated.

Up to $15,000

10(2) 4.

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

 

Up to $15,000

10(2) 6.

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

 

Up to $15,000

10(3)

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

Up to $15,000

11(1)

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

Up to $2,000

12(1)

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

Up to $15,000

Part III: Licences to Operate a Liquor Consumption Premises

Section

Infraction

Maximum

Penalty

22(1)

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

Up to $6,000

23

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

Up to $6,000

24

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

Up to $6,000

25(1)

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

Up to $15,000

26(1)(2)

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

  1. In the case of spirits containing more than 14.8 per cent alcohol by volume, $1.34.
  2. In every other case, $2.00.

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

Up to $6,000

28(1)

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

Up to $2,000

Liquor Sales Licences

Section

Infraction

Maximum

Penalty

31(1)

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

  1. 9 a.m. on any day except for December 31 and 2 a.m. on the following day.
  2. 9 a.m. on December 31 and 3 a.m. on January 1.
  3. Despite paragraphs 1 and 2, in the case of an event described in section 32 (Events of significance), the hours specified by the Registrar.

Up to $15,000

35(1)(2)

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

  1. purchased from the LCBO or from the holder of the Brewers Retail Inc. licence;
  2. purchased from the holder of a brewery licence, in the case of beer; or
  3. transferred to the licensed premises from another licensed premises in accordance with the conditions set out in subsection (3).

(2) The licensee shall provide their licence number to the LCBO or to the holder of the Brewers Retail Inc. licence or the brewery licence before purchasing any liquor from them.

Up to $6,000

35(4)

 

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

Up to $2,000

36(1)

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

Up to $2,000

37

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

Up to $6,000

38(1)

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

Up to $2,000

39(1)(3)

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

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

Up to $6,000

40(1)(a) (b)(c)

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

  1. the liquor is purchased together with food sold by the licensee at the licensed premises;
  2. the food and liquor are removed from the licensed premises together;
  3. the patron to whom the liquor is provided is the same patron who purchased the liquor;

Up to $6,000

40(1)(d)

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

Up to $15,000

40(2)

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

  1. The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.
  2. In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,
    1. the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or
    2. the premises is located within a commercial establishment that is not a shopping mall.

Up to $15,000

41(2) 1.

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

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

Up to $6,000

41(2) 2.

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

Up to $6,000

41(5)

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

  1. The licensed premises is, or is located within, a convenience store, grocery store, department store or big box store.
  2. In the case of a licensee to whom a licence is issued or transferred with respect to a premises on or after December 9, 2020,
    1. the primary purpose of the premises is a purpose other than the sale and service of food or liquor for consumption on the premises, or
    2. the premises is located within a commercial establishment that is not a shopping mall.

Up to $15,000

 

42

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

Up to $15,000

43(1)

(1)  The licensee shall not permit intoxication, unlawful gambling or disorderly conduct to occur on the licensed premises or in adjacent areas under the exclusive control of the licensee.

Up to $15,000

43(2)

(2)  The licensee shall not permit a person to hold, offer for sale, sell, supply or consume a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) on the licensed premises or in adjacent areas under the exclusive control of the licensee.

Up to $15,000

43(3)

(3) The licensee shall ensure that police officers acting in the course of their duties are given access to the licensed premises and to the adjacent washrooms, liquor and food preparation areas and storage areas under the exclusive control of the licence holder.

Up to $15,000

44(a)(b)

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

  1. deter disorderly conduct on property adjacent to or in the vicinity of the licensed premises; and
  2. minimize harm to the property described in clause (a) arising out of disorderly conduct engaged in by patrons of the licensee or by persons attempting or waiting to enter the licensed premises or to leave the licensed premises.

Up to $15,000

45

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

Up to $6,000

46(1)

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

  1. Any applicable zoning by-laws respecting the use of the premises.
  2. The Building Code Act, 1992.
  3. The Fire Protection and Prevention Act, 1997.
  4. The Health Protection and Promotion Act.

Up to $15,000

Mini Bar Licences and Endorsements

Section

Infraction

Maximum

Penalty

50(1)(2)

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

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

Up to $2,000

51(1)(2)

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

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

Up to $15,000

52(1)

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

Up to $6,000

52(2)

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

Up to $2,000

Brew Pub Endorsements

Section

Infraction

Maximum

Penalty

54

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

  1. on the licensed premises;
  2. on one premises other than the premises where the beer is manufactured if,
    1. the licensee 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;
  3. in accordance with any caterer’s endorsement attached to the licence containing the brew pub endorsement;
  4. in accordance with the takeout rules in section 40 (Liquor takeout); or
  5. in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

Up to $2,000

55

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

Up to $2,000

Wine Pub Endorsements

Section

Infraction

Maximum

Penalty

57

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

  1. on the licensed premises;
  2. in accordance with the takeout rules in section 40 (Liquor takeout); or
  3. in accordance with the delivery rules in section 41 (Delivery of liquor under liquor sales licence).

Up to $2,000

58

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

Up to $2,000

Caterer’s Endorsements

Section

Infraction

Maximum

Penalty

60(1)(a)

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

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

Up to $6,000

60(1)(b)

  1. are not held in a residence.

Up to $2,000

60(2)

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

Up to $6,000

61(1)

 

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

Up to $2,000

61(3)

(3) 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 for the reason described in subsection 3 (6) of the Act;
  2. a licence in respect of the premises has been revoked or is under suspension; or
  3. the premises has been disqualified under section 18 of the Act.

Up to $2,000

61(4)

 

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

Up to $2,000

62

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

Up to $2,000

Golf Course Endorsements

Section

Infraction

Maximum

Penalty

65

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

Up to $6,000

Part IV: Licences to Operate a Retail Store

Section

Infraction

Maximum

Penalty

82

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

Up to $15,000

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

Section

Infraction

Maximum

Penalty

84(1)

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

Up to $15,000

84(2)

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

Up to $15,000

84(3)

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

Up to $15,000

84(4)

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

  1. a benefit for the provision of shelf space at the eligible grocery store;
  2. a product listing for the manufacturer’s beer or wine, or;
  3. any merchandising, marketing or promotional opportunity.

Up to $15,000

84(6)

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

Up to $15,000

85

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

Up to $15,000

87(1)

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

Up to $15,000

87(2)

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

Up to $15,000

87(3) 1.

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

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

Up to $6,000

87(3) 2.

  1. A beverage containing a mixture of,
    1. beer, and
    2. alcohol that,
      1. was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and
      2. increases the total alcohol content of the beer by more than 0.5 of one per cent by volume.

Up to $6,000

87(3) 3.

  1. Malt-based beverages.

Up to $6,000

87(3) 4.

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

Up to $6,000

87(3) 5.

  1. Cream wine.

Up to $6,000

87(3) 6.

  1. Wine beverages.

Up to $6,000

87(3) 7.

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

Up to $6,000

87(3) 8.

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

Up to $6,000

87(5)

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

Up to $6,000

88(1)(2)

 

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

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

Up to $6,000

88(3)

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

Up to $6,000

88(4) 1.2.

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

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

Up to $15,000

88(4) 3.

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

Up to $6,000

88(4) 4.

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

Up to $15,000

88(4) 5.

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

Up to $15,000

88(5)

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

Up to $6,000

88(6) 1.

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

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

Up to $6,000

88(6) 2.

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

Up to $6,000

88(6) 3.

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

Up to $15,000

88(7)

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

Up to $6,000

89(1)(a)

(1)  The licensee must ensure that,

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

Up to $15,000

89(1)b

(b) all wine, excluding cider, is displayed in a single contiguous product display area.

Up to $15,000

89(2)(a)

(b)

 

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

  1. are energy drinks; or
  2. promote the immoderate consumption of liquor.

Up to $15,000

89(3)

(3) The licensee shall ensure that at least 20 per cent of the containers of beer on display in the eligible grocery store are containers of beer produced by small breweries.

Up to $15,000

89(4)

(4) The licensee shall ensure that at least 20 per cent of the containers of cider on display in the eligible grocery store contain wine produced by small cideries.

Up to $15,000

89(5)

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

Up to $15,000

89(6)

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

Up to $2,000

89(7)(8)

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

  1. the amount specified in Column 2 of the Table to this subsection for the size of the container, or
  2. in the case of wine that is sold in a container with a size that is not shown in Column 1 of the Table to this subsection the amount determined in accordance with the following formula,

    (A / B) × C

    in which,

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

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

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

Table

Item

Column 1

Container size in millilitres

Column 2

Minimum retail price in dollars

1.

50 or less

0.85

2.

200

3.35

3.

250

4.10

4.

300

4.80

5.

375

5.90

6.

400

6.20

7.

500

7.60

8.

600

9.00

9.

720

10.65

10.

750

10.95

11.

1000

14.05

12.

1500

20.15

13.

2000

25.90

14.

2250

28.75

15.

3000

37.90

16.

4000

49.35

 

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

Up to $6,000

89(9)

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

Up to $15,000

89(10)

(10) In the case of a beer and wine grocery store licence, the licensee shall ensure that at least 50 per cent of the containers of wine, excluding cider, on display in the eligible grocery store, excluding cider, outside of any wine boutique are containers of wine that is produced using grapes from a single country and in respect of which at least one of the following criteria is satisfied:

  1. The wine is quality assurance wine.
  2. The wine was produced by a small winery.
  3. The country where the grapes were grown produces, in the aggregate, less than 150 million litres of wine annually from grapes grown in that country.

Up to $15,000

90(1)(a)

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

  1. wine in containers with a volume of more than 4 litres;

Up to $2,000

90(1)(b) (c)

  1. beer or cider in containers with a volume of more than 750 mL; or
  2. beer in packages with more than six containers.

Up to $6,000

90(2)

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

Up to $6,000

Offsite Winery Retail Store Licences

Section

Infraction

Maximum

Penalty

92

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

Up to $15,000

93(a)(b)

(c)

The licensee shall not sell wine under the licence unless,

  1. the wine is manufactured in Ontario by the licensee;
  2. the licensee carries out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine that the licensee sells each year; and
  3. the licensee carries out at least one of the following additional steps, in full, with respect to the entire content of each bottle of wine the licensee sells under the licence:
    1. primary fermentation,
    2. blending,
    3. barrel aging for at least three months,
    4. bulk aging for at least three months,
    5. in the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable, or
    6. in the case of fortified wine, flavouring.

Up to $15,000

Wine Boutique Sales Agent Endorsements

Section

Infraction

Maximum

Penalty

96(1)(a) (b)

(1)  The licensee shall ensure that,

  1. all sales from any wine boutique in the eligible grocery store are conducted by the operator of the eligible grocery store acting as agent for the licensee that holds the applicable wine boutique endorsement; and
  2. all aspects of the sale of the wine, including ordering and payment, are conducted in person at the eligible grocery store.

Up to $6,000

96(2) 1.2.

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

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

Up to $15,000

96(2) 3.

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

Up to $6,000

96(2) 4.5.

  1. The licensee must ensure that the wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.
  2. The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

Up to $15,000

96(3) 1.

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

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

Up to $6,000

96(3) 2.

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

Up to $6,000

96(3) 3.

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

Up to $15,000

96(4)

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

Up to $6,000

97(a)(b)

The licensee shall ensure that,

  1. the space in which the wine boutique is located is readily distinguishable from the rest of the eligible grocery store; and
  2. the name of the wine boutique is prominently displayed in the boutique and is distinct from the name of the eligible grocery store.

Up to $15,000

Wine Boutique Endorsements

Section

Infraction

Maximum

Penalty

99(1)(2)

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

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

Up to $15,000

99(3)

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

Up to $6,000

100(1)

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

Up to $6,000

100(2) 1.2.

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

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

Up to $15,000

100(2) 3.

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

Up to $6,000

100(2) 4.5.

  1. The licensee must ensure that the wine is picked up at or immediately outside of the eligible grocery store by a person who is at least 19 years of age.
  2. The licensee must ensure that the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.

Up to $15,000

100(3) 1.

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

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

Up to $6,000

100(3) 2.

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

Up to $6,000

100(3) 3.

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

Up to $15,000

100(4)

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

Up to $6,000

101(1) 1.2.3.

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

  1. Wine with an alcohol content greater than 18 per cent by volume.
  2. Wine beverages.
  3. Cider with an alcohol content greater than 7.1 per cent by volume.

Up to $6,000

101(2) 1.2.

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

  1. At least 25 stock-keeping units of wine must be for wine manufactured by other wineries.
  2. At least one-half of the stock-keeping units of VQA wine must be for wine manufactured by other wineries.

Up to $15,000

101(3)(a)

(3) The licensee shall ensure that,

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

Up to $15,000

101(3)

(b)

  1. any other products displayed in the contiguous product display area,
  1. are products from the eligible grocery store that are displayed by the holder of the wine boutique sales agent endorsement for the purpose of cross-promotion with the wine;
  2. are not energy drinks, and
  3. do not promote the immoderate consumption of liquor.

Up to $15,000

101(4)

(a)(b)

(4) The licensee shall ensure that,

  1. at least 50 per cent of the containers of wine on display in the wine boutique contain VQA wine; and
  2. at least one-half of those containers contain wine manufactured by wineries other than the licensee.

Up to $15,000

101(5)

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

Up to $15,000

101(6)

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

Up to $2,000

101(7)

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

 

Up to $6,000

 

101(8)

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

Up to $15,000

101(9)

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

Up to $15,000

102(1)(2) (3)(4)

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

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

(3) The licensee shall not directly or indirectly request, demand or receive a financial or non-monetary benefit in Ontario or in any other jurisdiction from a wine manufacturer or from a representative or employee of that manufacturer, including,

  1. a benefit for the provision of shelf space at the wine boutique;
  2. a product listing for the manufacturer’s wine, or;
  3. any merchandising, marketing or promotional opportunity.

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

Up to $15,000

103(1)

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

  1. wine in containers with a volume of more than 4 litres; or
  2. cider in containers with a volume of more than 750 mL.

Up to $2,000

103(2)

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

Up to $6,000

104(1)

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

Up to $6,000

 

Brewers Retail Inc. (BRI) Licence

Section

Infraction

Maximum

Penalty

106(1)

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

Up to $15,000

106(2)(3) (4)

 

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

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

  1. Beer manufactured in Ontario by a holder of a brewery licence.
  2. Beer manufactured outside Ontario if,
    1. the beer is manufactured within Canada by a holder of a manufacturer’s licence to sell, and brought into Ontario in a manner authorized by the LCBO, or
    2. the beer is purchased from the LCBO.

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

  1. beer; and
  2. alcohol that,
    1. was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and
    2. does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume.

Up to $15,000

106(5)

 

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

Up to $15,000

Part VI: Licences to Deliver

Section

Infraction

Maximum

Penalty

113(1)(2)

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

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

  1. liquor that is delivered under the licence is not purchased or obtained from the grocery store; and
  2. beer that is delivered under the licence is not purchased or obtained in packages with more than six containers from a retail store operated by the LCBO unless that store is listed in Schedule 1.

Up to $6,000

113(3)

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

Up to $2,000

113(4)

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

Up to $6,000

114(1)(2)

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

 

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

Up to $6,000

Part VII: Licences to Operate a Ferment on Premises Facility

Section

Infraction

Maximum

Penalty

119(1)

(1) The licensee shall ensure that,

  1. the licensee transfers to the customer ownership of any ingredients being purchased by the customer from the licensee to make the beer or wine;
  2. the customer combines or mixes their beer wort, wine juice, wine juice concentrate or other juice or juice concentrate with such of the customer’s other ingredients as the customer wishes to add, except that the licensee,
    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 any yeast or enzymes required to begin the fermentation process to the beer wort, wine juice, wine juice concentrate or other raw material of beer or wine;
  4. the customer places their beer or wine in containers;
  5. the customer labels, corks, caps, shrink wraps or packages their beer or wine; and
  6. the customer removes their beer or wine from the licensed premises immediately after it has been placed in containers.

Up to $6,000

119(2)

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

Up to $6,000

120(1)

(1)  The licensee 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;
  5. permit anyone to make beer or wine on the licensed premises other than,
    1. a customer or a person designated by a customer who is not the licensee or a person acting on the licensee’s behalf, or
    2. the licensee or the licensee’s employees, if they are making beer or wine for their own purposes;
  6. deliver a customer’s beer or wine, other than by carrying the customer’s beer or wine out of the licensed premises to a waiting vehicle;
  7. store or permit the storage on the licensed premises of beer or wine that has been placed in containers;
  8. remove or permit the removal of carboys being used in the making of beer or wine from the licensed premises, unless the location of the ferment on premises facility is moved and the licensee has first informed the Registrar; or
  9. bring or permit to be brought onto the licensed premises liquor to be added to beer or wine or to ingredients for making beer or wine.

Up to $15,000

121(1)(2)

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

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

Up to $2,000

121(3)

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

Up to $2,000

122

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

Up to $2,000

Part VIII: Licences to Represent a Manufacturer

Section

Infraction

Maximum

Penalty

126(a)

The licensee shall ensure that,

  1. the licensee does not take or solicit orders for the sale of liquor except at a premises or through a website, app or other similar online platform that is operated solely for the purpose of,
    1. taking or soliciting orders for the sale of liquor; or
    2. taking or soliciting orders for the sale of liquor and for items related to liquor;

Up to $2,000

126(b)

  1. the licensee notifies the Registrar of,
    1. the address of any premises in which the licensee takes or solicits orders for the sale of liquor, within five business days after the opening of such premises;
    2. any website, app or other similar online platform that the licensee uses to take or solicit orders for the sale of liquor, within five business days after the platform begins to be used;

Up to $2,000

126(c)

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

Up to $2,000

126(d)(i) (ii)

  1. the licensee,
    1. remits all purchase orders to the LCBO, to the holder of an offsite winery retail store licence or to the holder of a brewery retail store endorsement, a distillery retail store endorsement or a winery retail store endorsement,
    2. does not accept liquor for delivery or distribution unless the order has been accepted by the LCBO or by a licensee referred to in subclause (i), as applicable,

Up to $2,000

126(d)(iii)

  1. ensures that a copy of the purchase order is attached to the liquor;

Up to $2,000

126(e)

  1. the licensee does not keep liquor except for the purpose of,
    1. delivering it to the customer who ordered it in accordance with clause (d),
    2. distributing it to the holder of a licence to operate a liquor consumption
    3. premises who ordered it in accordance with clause (d),
    4. carrying out market research, or
    5. providing a sample of a product to the holder of the manufacturer’s licence to sell on condition that the sample is provided in a sealed, unopened container; and

Up to $6,000

126(f)

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

Up to $2,000

Part IX: Manufacturer’s Licences to Sell

Section

Infraction

Maximum

Penalty

132(1)

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

Up to $50,000

133(1)

1.2.3.

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

  1. If the licensee is acting under the authority of a permit.
  2. If the purpose of the supply of liquor is to have the person sample a brand or product or to carry out market research. In such cases, the licensee shall ensure that the sampling and research are conducted in accordance with the standards and requirements on sampling and market research established by the Registrar under section 24 of the Act.
  3. If the recipient of the liquor is,
    1. the licensee’s employee,
    2. a person authorized to conduct and manage a lottery scheme in accordance with paragraph 207 (1) (b) of the Criminal Code (Canada) where the liquor is a prize to be awarded at the event, or
    3. the holder of a permit authorizing the sale, service or consumption of liquor at a fundraising event for the advancement of charitable, educational, religious or community objects conducted by,
      1. a charitable organization that is registered under the Income Tax Act (Canada),
      2. a non-profit association or organization for the advancement of charitable, educational, religious or community objects, or
      3. the holder of an auction permit.

Up to $15,000

133(4)

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

Up to $6,000

134

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

Up to $15,000

135(2)(3)

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

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

Up to $6,000

135(4)(5)

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

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

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

Up to $15,000

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

Section

Infraction

Maximum

Penalty

143

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

Up to $15,000

144(1)

1.2.

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

  1. If the licensee has only one brewery retail store endorsement, the full brewing process must take place at the production site where the retail store is located, including mashing, lautering, boiling, hop separation, fermentation and packaging.
  2. If the licensee has two brewery retail store endorsements,
    1. the full brewing process for at least 50 per cent of the beer sold at each retail store must take place at the production site where the retail store is located, and
    2. the full brewing process for any remaining beer sold at the retail store must take place at the production site where the other retail store is located.

Up to $15,000

144(2)

1.2.3.4.

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

  1. At least 25 per cent of the volume of spirits or spirits products sold each year must be manufactured, from start to finish, at the production site where the distillery retail store is located.
  2. At least 50 per cent of the volume of spirits or spirit products sold each year must be manufactured, from start to finish, at a production site where one of the licensee’s distillery retail stores is located.
  3. The remaining volume of spirits or spirits products sold each year must be distilled, blended, aged or bottled at a production site where one of the licensee’s distillery retail stores is located.
  4. The spirits must be brands that are owned by the licensee.

Up to $15,000

144(3)

1.2.3.

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

  1. The Registrar must have specified that the type of wine can be sold under the endorsement or under the applicable endorsement subclass.
  2. The licensee must carry out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine sold by the licensee.
  3. The wine sold at the retail store, excluding sake, must meet the following conditions:
    1. The licensee must carry out the full primary fermentation process at the production site with respect to at least 25 per cent of the total volume of wine sold at the retail store, which requires,
      1. all aspects of the process to occur at the production site, and
      2. the relevant fermentation vessels to at all times be physically present at the production site.
    2. The licensee must carry out at least one of the following steps, in full, at a production site where one of the licensee’s winery retail stores is located with respect to the entire content of each bottle of wine the licensee sells at its winery retail stores:
      1. Primary fermentation.
      2. Blending.
      3. Barrel aging for at least three months.
      4. Bulk aging for at least three months.
      5. In the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable.
      6. In the case of fortified wine, flavouring.

Up to $15,000

144(3)4

  1. In the case of sake, the licensee must,
    1. perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at the production site where the retail store is located for at least 25 per cent of the total volume of sake sold at the store, and
    2. perform the full sake-making process, including all steps set out in paragraph 3 of subsection 138 (2) (Sale of wine under winery licence), at a production site where one of the licensee’s winery retail stores is located for the remaining volume of sake sold at the store.

Up to $15,000

144(4)(a) (b)

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

  1. the licensee for each store must own and operate their respective store which must be readily distinguishable from any other retail store located at the production site; and
  2. sales from more than one store may not be conducted in the same location.

Up to $15,000

144(7)

(7)  The licensee may not sell products from the retail store other than liquor permitted to be sold under this section except as permitted by the Registrar.

Up to $15,000

By-the-Glass Endorsements

Section

Infraction

Maximum

Penalty

147

The licensee may only sell or serve liquor under the authority of the by-the-glass endorsement between the hours of 9 a.m. and midnight.

Up to $15,000

148

The licensee may not keep for sale, sell or serve liquor unless the liquor was,

  1. manufactured by the licensee; and
  2. transferred to the licensed premises from a tied house or from premises that are licensed under another by-the-glass endorsement in accordance with the conditions set out in subsection 35 (3) (Prohibitions on sale, storage, etc.).

Up to $6,000

Caterer’s Endorsement

Section Infraction Maximum Penalty
148.1

It is a condition of every manufacturer’s licence to sell with a caterer’s endorsement that the licensee comply with,

 

  1. sections 60 to 63, other than subsection 61 (4), with necessary modifications; and
  2. sections 146 to 148, with necessary modifications. O. Reg. 352/22, s. 11.
Up to $2,000

Temporary Extension Endorsements

Section

Infraction

Maximum

Penalty

150(1)

(1) The licensee may operate a temporary extension of their retail store at a farmers’ market or industry promotional event and shall comply with all of the conditions and requirements that apply to the retail store in operating the temporary extension.

Up to $15,000

Part IX: Physical Extensions of a Licensed Premises

Section Infraction Maximum Penalty
153.1(10) (10) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection (3) continue to be met for the duration of the approved temporary outdoor physical extension. Up to $15,000
153.3(9) (9) It is a condition of the licensee’s licence that the licensee ensure that the requirements of paragraphs 2, 4 and 6 of subsection 153.1 (3) continue to be met for the duration of the approved temporary outdoor physical extension. Up to $15,000

Permits: O. Reg. 747/21

Section

Infraction

Maximum

Penalty

13(2) 1.

(2) The following standards apply with respect to the premises to which a permit is to apply:

  1. A premises used as a dwelling, not including the common areas of a multiple unit residential building, shall not be used for the sale, service or consumption of liquor under a permit.

Up to $15,000

15(1)

(1) Except as otherwise provided in this section, the permit holder shall not sell or serve liquor under a permit unless the liquor was purchased from,

  1. the LCBO;
  2. Brewers Retail Inc.;
  3. a retail store operated under an offsite winery retail store licence; or
  4. a retail store operated under a brewery retail store endorsement, winery retail store endorsement or distillery retail store endorsement.

Up to $6,000

16(1)

(1) The permit holder shall not directly or indirectly request, demand or receive any material financial or other benefit from a manufacturer of liquor or a representative or employee of the manufacturer, unless the permit is for an industry promotional event.

Up to $15,000

17(1)

(1) Except as otherwise provided in this section or in accordance with section 47 of Ontario Regulation 746/21 (Licensing) made under the Act, the permit holder shall ensure that the only liquor on the permitted premises is liquor purchased under the authority of the permit or otherwise authorized to be sold or served under the permit.

Up to $6,000

18(1)

(1) Except as otherwise provided in this section or in accordance with section 47 of Ontario Regulation 746/21 (Licensing) made under the Act, the permit holder shall ensure that no liquor is removed from the permitted premises by an attendee.

Up to $6,000

18(3)(a)(b)

(3) The holder of a sale tailgate permit or no-sale tailgate permit shall not allow an attendee who has brought liquor to the permitted premises as provided for under subsection 17 (4) to remove any of the liquor from the premises when the attendee departs unless,

  1. in the case of an attendee who departs in a motor vehicle other than a form of public transportation, the liquor is,
    1. in a sealed and unopened container, or
    2. packed in baggage that is fastened closed or not otherwise readily available to any person in the motor vehicle; or
  2. in any other case, the liquor is in a securely closed container.

Up to $6,000

19(1) 1.2.3.

The permit holder shall ensure that liquor is sold or served under the permit at a permitted premises only between the following hours, which shall be specified by the Registrar in the permit:

  1. 9 a.m. on any day except for December 31 and 2 a.m. on the following day.
  2. 9 a.m. on December 31 and 3 a.m. on January 1.
  3. Despite paragraphs 1 and 2, in the case of a public event described in paragraph 5 of section 2, the hours specified by the Registrar.

Up to $15,000

20(1)(2)(3)

(1) The permit holder shall attend the event or activity to which the permit applies or, subject to subsection (2), designate a person to attend in the holder’s place.

(2) The permit holder may not designate a person who, less than two years before the application for the holder’s permit is made, was refused a permit under the Act or a special occasion permit under the Liquor Licence Act before its repeal.

(3) The requirements of this Regulation that apply to the permit holder in respect of the permit also apply to the person designated by the holder.

Up to $6,000

20(4)(5)

(4) The permit holder or, if applicable, designate shall make the permit available for inspection by a police officer, inspector or investigator on that person’s request.

(5) Subsection (4) does not apply with respect to any part of an auction that is conducted online, as long as the permit holder complies with any standards or requirements respecting the posting or display of any information in relation to the permit.

Up to $2,000

21(1)(2)(3)

(1) The permit holder shall not permit intoxication, unlawful gambling or disorderly conduct to occur on the permitted premises or any adjacent premises under the holder’s exclusive control.

(2) The permit holder shall not allow a person to hold, offer for sale, sell, supply or consume a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) on the permitted premises or any adjacent premises under the holder’s exclusive control.

(3) The permit holder shall ensure that police officers acting in the course of their duties are given access to the permitted premises and to any adjacent washrooms and liquor and food preparation areas under the permit holder’s exclusive control.

Up to $15,000

22(1)

(1) The permit holder shall not engage in or allow practices that may tend to encourage the immoderate consumption of liquor by an attendee.

Up to $6,000

22(2)

(2) The permit holder shall not adulterate liquor by adding any substance to it, except by adding a substance to an attendee’s drink at the attendee’s request, and shall not keep for sale or sell adulterated liquor.

Up to $15,000

23(2)(a)(b)

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

  1. liquor is sold or served at the permitted premises to the person; or
  2. if the permit is subject to a condition prohibiting the entry of persons under 19 years of age onto the permitted premises, the person is admitted to the premises.

Up to $15,000

23(3)(4)

(3) The holder of a sale tailgate permit or no-sale tailgate permit shall not allow persons under 19 years of age to possess or consume liquor at the tailgate event.

(4) If the holder of a sale tailgate permit or no-sale tailgate permit believes that a person apparently under 19 years of age is in possession of or consuming liquor at the tailgate event, the holder shall,

  1. request that the person provide an item of identification for inspection by the holder; and
  2. remove the person from the permitted premises if, on inspection of the item of identification, the holder is not satisfied that the person is at least 19 years of age.

Up to $15,000

24

The permit holder shall ensure that evidence of liquor that has been served and consumed on the permitted premises is removed within 45 minutes after the end of the period during which liquor may be sold or served under the permit.

Up to $6,000

25(3) 1.2.

(3) The permit holder shall ensure that the following requirements are met when liquor sold through the auction is delivered, regardless of who delivers the liquor:

  1. The liquor is in a sealed, unopened container.
  2. The liquor is only delivered to a residence or private place.

Up to $6,000

25(4) 1.

(4) The permit holder shall additionally ensure that the following requirements are met when liquor sold through the auction is delivered by the holder or an employee of the holder:

  1. The liquor is delivered to a person who,
    1. is at least 19 years of age,
    2. is located at the address provided by the person who purchased the liquor, and
    3. does not appear to be intoxicated.

Up to $6,000

25(4) 2.3.4.

  1. Despite paragraph 2 of subsection (3) and paragraph 1 of this subsection, the liquor is not delivered to a patient in a facility listed in the Table to section 26 of Ontario Regulation 745/21 (General) made under the Act, or to a patient in an institution for the treatment of alcohol addiction.
  2. Before the delivery of liquor to a person who appears to be under 19 years of age, an item of identification, as defined in section 23, of the person is inspected.
  3. The liquor is delivered only between 9 a.m. and 11 p.m. on any day.

Up to $15,000

25(5) 1.2.

3.4.

(5) The permit holder shall additionally ensure that the requirements listed in subsection (4) and the following requirements are met when liquor sold through the auction is delivered by a carrier:

  1. The liquor is delivered only by the carrier.
  2. Subject to paragraph 3, the liquor is delivered on the same day that it is received by the carrier from the permit holder, or on the first regular delivery day that follows.
  3. If the carrier is unable to deliver the liquor within three days following its initial attempt, the liquor is promptly returned to the permit holder.
  4. The carrier does not store liquor pending delivery except to temporarily keep liquor in a secure area at its premises until the liquor is delivered or returned to the permit holder, during which time only the carrier’s employees have access to the liquor.

Up to $6,000

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