Issuing and transferring authorizations
 6. (1) This section applies to the Board’s issuing of authorizations under clause 3 (1) (e.1) of the Act to operate government stores for the sale of liquor to the public. (2) The Board may issue an authorization to a person for the sale of beer in a retail store that the person operates if the store meets the following criteria: 1. The store offers a variety of each of the following types of food products for sale: i. Canned food. ii. Dry food. iii. Frozen food. iv. Fresh fruit. v. Fresh vegetables. vi. Fresh meats. vii. Prepared meats. viii. Fish. ix. Poultry. x. Dairy products. xi. Baked goods. xii. Snack foods. 2. Food products make up no less than 10,000 square feet of total retail floor space in the store. 3. The store must not primarily be identified to the public as a pharmacy, even if a pharmacy as defined in the
Drug and Pharmacies Regulation Act is located within the store. (3) No more than 60 authorizations shall be in effect at any one time. (4) Subject to subsection (7), the Board shall approve an application to transfer an authorization to a person who has purchased the retail store to which the authorization applies if the store meets the issuing criteria in subsection (2) on the date of the application. (5) Subject to subsection (7), the Board shall approve an application to change the retail store location to which an authorization applies if all of the following criteria are met: 1. The proposed location is within the same region as the store to which the authorization applies. 2. The retail store at the proposed location will be operated by the same person who operates the store to which the authorization applies. 3. The retail store at the proposed location meets the issuing criteria in subsection (2). (6) Subject to subsection (7), the Board shall approve an application to transfer an authorization to a person who proposes to change the location to which the authorization applies if all of the following criteria are met: 1. The proposed location is within the same region as the store to which the authorization applies. 2. The retail store at the proposed location will be operated, i. by an affiliate of the person who operates the store to which the authorization applies, or ii. by a person who operates a store that is part of the same franchise system as the store to which the authorization applies. 3. The retail store at the proposed location meets the issuing criteria in subsection (2). (7) The Board shall not issue or transfer an authorization to a person under this section if any of the following circumstances exist: 1. Having regard to the person’s financial position, the person cannot reasonably be expected to be financially responsible in the conduct of the person’s business. 2. The past or present conduct of the persons referred to in subsection (8) affords reasonable grounds to believe that the person will not carry on business in accordance with the law and with integrity and honesty. 3. After entering into a supply agreement under section 8 in respect of a store, the person terminated a lease or licence in respect of a space at the store for the operation of a winery retail store for any reason other than a default by the winery retail store operator under the lease or licence. O. Reg. 99/16, s. 3 (1). (8) Paragraph 2 of subsection (7) applies to the following persons: 1. The person operating the store. 2. An officer or director of the person operating the store. 3. A person having responsibility for the management or operation of the store. (9) The Board shall not issue an authorization to a person under this section in respect of a retail store that the person operates, transfer an authorization to a person or approve an application to change a retail store location if the retail store, or the proposed location of the retail store, as the case may be, is located within 10 kilometres of an agency store within the meaning of subsection 17 (1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996. O. Reg. 99/16, s. 3 (2). (10) The Board shall allocate authorizations under this section in accordance with the following rules: 1. No more than the number of authorizations set out in Column 2 of the Table to this section opposite a region in Column 1 shall be allocated to retail stores in the region. 2. No more than the number of authorizations set out in Column 3 of the Table to this section opposite a region in Column 1 shall be allocated to Category A stores in the region. 3. No more than the number of authorizations set out in Column 4 of the Table to this section opposite a region in Column 1 shall be allocated to a single group of related Category A stores in the region. 4. No more than the number of authorizations set out in Column 5 of the Table to this section opposite a region in Column 1 shall be allocated to a single group of related Category B stores in the region. 5. The number of authorizations across all regions allocated to a single group of related Category A stores shall not exceed 19. 6. The number of authorizations across all regions allocated to a single group of related Category B stores shall not exceed 4. (11) The Board shall, on request, provide a person with information about the boundaries of census divisions. Table  Item   Column 1 Region   Column 2 Maximum number of authorizations for retail stores    Column 3 Maximum number of authorizations for Category A stores      Column 4 Maximum number of authorizations for a single group of related Category A stores    Column 5   Maximum number of authorizations for a single group of related Category B stores 

  1.   East Region   13   11   5   1 

  2.   Greater Toronto Area Region   25   18   9   3 

  3.   North Region   6   5   2   1 

  4.   West Region   16   14   7   1