6 (1) A person may apply to the Registrar for a licence to sell liquor.  R.S.O. 1990, c. L.19, s. 6 (1); 2002, c. 18, Sched. E, s. 7 (3). Requirements (2) Subject to subsection (4) or (4.1), an applicant is entitled to be issued a licence to sell liquor except if, (a) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s business; (b), (c) Repealed:  1998, c. 18, Sched. E, s. 167 (1). (d) the past or present conduct of the persons referred to in subsection (3) affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty; (e) the applicant or an employee or agent of the applicant makes a false statement or provides false information in an application under this Act; (f) the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Act or the regulations; (f.1) the applicant is carrying on activities that contravene, or will contravene if the applicant is licensed, a by-law of the City of Toronto passed under subsection 62.1 (1); (g) the premises, accommodation, equipment and facilities in respect of which the licence is to be issued are not, or will not be, if the applicant is licensed, in compliance with this Act and the regulations; (g.1) the applicant is not able to demonstrate to the satisfaction of the Registrar that he, she or it will exercise sufficient control, either directly or indirectly, over the business, including the premises, accommodation, equipment and facilities in respect of which the licence is to be issued; or (h) the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located.  R.S.O. 1990, c. L.19, s. 6 (2); 1998, c. 18, Sched. E, s. 167 (1, 2); 2006, c. 11, Sched. B, s. 8 (1); 2006, c. 34, s. 16 (5). Idem (3) Clause (2) (d) applies to the following persons: 1. The applicant. 2. An officer or director of the applicant. 3. A person who is interested in another person, as described in subsection 1 (2). 4. A person having responsibility for the management or operation of the business of the applicant. 5.  Repealed:  2006, c. 34, s. 16 (6). R.S.O. 1990, c. L.19, s. 6 (3); 2006, c. 34, s. 16 (6). Prohibition (4) A licence to sell liquor shall not be issued, (a) to a manufacturer; or (b) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor or to sell the liquor of a manufacturer exclusive of any other manufacturer.  1998, c. 18, Sched. E, s. 167 (3). Same (4.1) Subject to subsection (4.2), a licence to sell liquor shall not be issued, (a) to a person who is under agreement with any person to sell the liquor of any manufacturer; (b) to a person who is associated or connected with a manufacturer or financially interested in a manufacturer as to be likely to promote the sale of liquor of that manufacturer; (c) to a person who by reason of an agreement, arrangement or understanding with any person is likely to promote the sale of liquor of any manufacturer; (d) to a person for premises in which a manufacturer has an interest, whether freehold or leasehold, or by way of mortgage or charge or other encumbrance, or by way of mortgage, lien or charge upon any personal property in the premises and whether the interest is direct or indirect or contingent or by way of suretyship or guarantee; or (e) to a person in respect of a business in which a manufacturer has an interest by way of a franchise agreement.  1998, c. 18, Sched. E, s. 167 (3). Exception (4.2) The Registrar may issue a licence to sell liquor to an applicant mentioned in subsection (4.1) even if there is a financial relationship between the applicant and a manufacturer after having considered the nature and extent of the financial relationship and it is not contrary to the public interest to issue the licence.  1998, c. 18, Sched. E, s. 167 (3); 2002, c. 18, Sched. E, s. 7 (5); 2006, c. 34, s. 16 (7). (5) Repealed:  2006, c. 34, s. 16 (8). Effect of default under tax statute (6) Despite any other provision of this Act, the Registrar shall not renew or transfer a licence to sell liquor or a licence to operate a ferment on premises facility and no person is entitled to the renewal or transfer of either of those licences if the holder of the licence is in default of filing a return or paying any tax, interest or penalty assessed under the Retail Sales Tax Act or Part II of the
Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996.  2009, c. 34, Sched. A, s. 11 (1); 2018, c. 12, Sched. 2, s. 56 (2). Two-year prohibition on applying for licence after refusal or revocation (7) No person who is refused a licence to sell liquor or who is refused a renewal of a licence to sell liquor or whose licence to sell liquor is revoked for any ground set out in clauses (2) (a) to (f.1) may apply to the Registrar for a licence to sell liquor until two years have passed since the refusal or revocation.  2006, c. 34, s. 16 (10). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 167 (1-3) - 18/12/1998; 1998, c. 24, s. 3 - 30/03/2000 2002, c. 18, Sched. E, s. 7 (3, 5) - 28/02/2003 2006, c. 11, Sched. B, s. 8 (1) - 01/01/2007; 2006, c. 32, Sched. D, s. 7 (1) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016; 2006, c. 34, s. 16 (5-10)
- 01/07/2007 2009, c. 34, Sched. A, s. 11 (1) - 01/07/2010 2018, c. 12, Sched. 2, s. 56 (2) - 16/11/2018