jswizzle3737/ontario_laws_and_regs huggingface dataset:
Ineligibility criteria
 77. (1) An applicant is not eligible for an offsite winery retail store licence unless they hold a winery licence. (2) A licensee is not eligible for a wine boutique endorsement unless, (a) the licensee has at least three offsite winery retail store licences; (b) the licensee has entered into a wine boutique agreement that meets the requirements of section 80 (Wine boutique agreement) with respect to an offsite winery retail store to be located in the shopping area of the eligible grocery store; and (c) the operator of the eligible grocery store holds a beer and cider grocery store licence with a wine boutique sales agent endorsement for the eligible grocery store. (3) A licensee is not eligible for a wine boutique endorsement if the issuance would cause the licensee to hold more than the maximum number of wine boutique endorsements permitted under the following rules: 1. A licensee with at least 160 offsite winery retail store licences may hold no more than, i. an overall maximum of 38 wine boutique endorsements that apply to retail stores in all geographic regions, and ii. within the maximum described in subparagraph i, a maximum of 25 wine boutique endorsements that apply to retail stores in the GTA region and a maximum of 25 wine boutique endorsements that apply to retail stores outside of the GTA region. 2. A licensee with at least 100 offsite winery retail store licences and fewer than 160 winery retail store licences may hold no more than, i. an overall maximum of 28 wine boutique endorsements that apply to retail stores in all geographic regions, and ii. within the maximum described in subparagraph i, a maximum of 18 wine boutique endorsements that apply to retail stores in the GTA region and a maximum of 18 wine boutique endorsements that apply to retail stores outside of the GTA region. 3. A licensee with at least 10 offsite winery retail store licences and fewer than 100 winery retail store licences may hold no more than, i. an overall maximum of three wine boutique endorsements that apply to retail stores in all geographic regions, and ii. within the maximum described in subparagraph i, a maximum of two wine boutique endorsements that apply to retail stores in the GTA region and a maximum of two wine boutique endorsements that apply to retail stores outside of the GTA region. 4. A licensee with fewer than 10 offsite winery retail store licences may hold a maximum of one wine boutique endorsement.
Limitation on issuance of beer and cider grocery store licences and beer and wine grocery store licences
 78. (1) No more than 450 total beer and cider grocery store licences and beer and wine grocery store licences may be in effect at one time. (2) The Registrar shall not issue a new beer and cider or beer and wine grocery store licence unless the applicant is a party to a supply agreement with the LCBO for beer and wine or beer and cider, respectively, in respect of the eligible grocery store to which the licence would apply. (3) The Registrar shall not issue a beer and cider grocery store licence or a beer and wine grocery store licence if the eligible grocery store is located within five kilometres of an agency store.
Limitation on issuance of Brewers Retail Inc. licence
 79. No more than one Brewers Retail Inc. licence may be in effect at any given time. Wine Boutique Agreement
Wine Boutique Agreement
nan
Wine boutique agreement
 80. For the purposes of this Part, a wine boutique agreement is an agreement between the holder of an offsite winery retail store licence and the holder of a beer and cider grocery store licence that includes the following terms: 1. The holder of the offsite winery retail store licence agrees to lease or license space in the shopping area of the eligible grocery store in which to operate its retail store. 2. The holder of the beer and cider grocery store licence agrees to sell, as an agent of the winery, wine that is available for sale to the public in that space. 3. The initial term of the lease or licence must be at least three years. Licence Conditions Licences to Operate a Retail Store
Licences to Operate a Retail Store
nan
Application
 81. It is a condition of every licence to operate a retail store that the licensee comply with section 82.
Availability of liquor
 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. Beer and Wine Grocery Store Licences and Beer and Cider Grocery Store Licences
Beer and Wine Grocery Store Licences and Beer and Cider Grocery Store Licences
nan
Application
 83. It is a condition of every beer and cider grocery store licence and every beer and wine grocery store licence that the licensee complies with sections 84 to 90.
Financial relationships
 84. (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. (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. (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. (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, (a) a benefit for the provision of shelf space at the eligible grocery store; (b) a product listing for the manufacturer’s beer or wine, or; (c) any merchandising, marketing or promotional opportunity. (5) Subsection (4) does not apply to collaboration between an eligible grocery store and the holder of a brewery licence or the Brewers Retail Inc. licence with respect to demand planning, forecasting and category management services provided that neither party is remunerated in respect of the services. (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.
Must continue to be eligible grocery store
 85. The licensee shall ensure that the store continues to be an eligible grocery store within the meaning of this Regulation.
No unilateral termination of lease or license
 86. A licensee with an eligible grocery store in which space for an offsite winery retail store is leased or licensed, other than for a wine boutique, shall not unilaterally terminate the lease or licence of the offsite winery retail store for any reason other than a default by the operator of the offsite winery retail store under the lease or licence.
Sales in eligible grocery stores
 87. (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 beer or wine for sale in the store except from the LCBO in accordance with the supply agreement. (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. 2. A beverage containing a mixture of, i. beer, and ii. alcohol that, A. was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and B. increases the total alcohol content of the beer by more than 0.5 of one per cent by volume. 3. Malt-based beverages. 4. Wine, other than cider, with an alcohol content greater than 18 per cent by volume. 5. Cream wine. 6. Wine beverages. 7. Wine to which an alcoholic distillate has been added. 8. Cider with an alcohol content greater than 7.1 per cent by volume. (4) Upon request, the LCBO shall give the licensee a list of beer or wine products that do not contravene subsection (3) and that it has made available for sales to eligible grocery stores. (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.
Conduct of sales in eligible grocery stores
 88. (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. (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. (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. 3. 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. 4. 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. 5. 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. (5) The licensee shall ensure that beer and wine are offered for sale and sold in the eligible grocery store at the price stipulated by the LCBO. (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. 2. 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. 3. Offer free or discounted merchandise contingent upon the purchase of liquor. (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.
Packaging
 90. (1) The licensee shall not keep for sale, offer for sale or sell, (a) wine, excluding cider, in containers with a volume of more than 4 litres; (b) beer or cider in containers with a volume of more than 750 mL; or (c) beer in packages with more than six containers. (2) The licensee shall not offer a discount or rebate in respect of the purchase of more than six containers of beer or cider. Offsite Winery Retail Store Licences
Offsite Winery Retail Store Licences
nan
Application
 91. It is a condition of every offsite winery retail store licence that the licensee comply with sections 92 to 94.
Winery licence required
 92. The licensee must comply with every condition on their winery licence.
Wine that can be sold
 93. The licensee shall not sell wine under the licence unless, (a) the wine is manufactured in Ontario by the licensee; (b) 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 (c) the licensee carries out at least one of the following steps, in full, with respect to the entire content of each container of wine the licensee sells under the licence: (i) primary fermentation, (ii) blending, (iii) barrel aging for at least three months, (iv) bulk aging for at least three months, (v) in the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable, or (vi) in the case of fortified wine, flavouring.
No operation within sales area of eligible grocery store without wine boutique endorsement
 94. The licensee shall not operate an offsite winery retail store within the sales area of an eligible grocery store unless the licence has a wine boutique endorsement. Wine Boutique Sales Agent Endorsements
Wine Boutique Sales Agent Endorsements
nan
Application
 95. It is a condition of every beer and cider grocery store licence with a wine boutique sales agent endorsement that the licensee comply with sections 96 to 97.
Sale of wine
 96. (1) The licensee shall ensure that, (a) 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 (b) all aspects of the sale of the wine, including ordering and payment, are conducted in person at the eligible grocery store. (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. 3. The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique. 4. 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. 5. 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. (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. 2. 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. 3. Offer free or discounted merchandise contingent upon the purchase of wine. (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.
Wine boutique must be readily distinguishable
 97. The licensee shall ensure that, (a) the space in which the wine boutique is located is readily distinguishable from the rest of the eligible grocery store; and (b) the name of the wine boutique is prominently displayed in the boutique and is distinct from the name of the eligible grocery store. Wine Boutique Endorsements
Wine Boutique Endorsements
nan
Application
 98. It is a condition of every offsite winery retail store licence with a wine boutique endorsement that the licensee comply with sections 99 to 104.
Sales in wine boutiques
 99. (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. (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 wine for sale in the boutique thereafter.
Conduct of sales in wine boutiques
 100. (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. (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. 3. The licensee must ensure that any wine that is ordered or paid for online is supplied from the inventory of the wine boutique. 4. 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. 5. 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. (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. 2. 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. 3. Offer free or discounted merchandise contingent upon the purchase of wine. (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.
Wines offered for sale
 101. (1) The licensee must not offer for sale, or sell, any of the following wines: 1. Wine, other than cider, 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. (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. (3) The licensee shall ensure that, (a) the wine offered for sale is displayed in a single contiguous product display area within the boutique; (b) any other products displayed in the contiguous product display area, (i) 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, (ii) are not energy drinks, and (iii) do not promote the immoderate consumption of liquor. (4) The licensee shall ensure that, (a) at least 50 per cent of the containers of wine on display in the wine boutique are containers of VQA wine; and (b) at least one-half of those containers are containers of wine manufactured by wineries other than the licensee. (5) The licensee shall ensure that at least 5 per cent of the containers of wine on display in the wine boutique are containers of wine manufactured by a small winery. (6) The licensee shall ensure that the product display area contains one or more signs indicating that VQA wines are available for sale. (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. (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. (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. (10) For the purposes of this section, the percentage of wine sold by a licensee is determined with reference to the licensee’s total sales receipts, net of container deposits and HST. (11) On request, the LCBO shall give the licensee a list of wine products that could satisfy the obligations set out in subsections (4), (5), (7), (8) and (9) and that it has made available for sale to eligible grocery stores.
Financial relationships
 102. (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 a person acting on the wine manufacturer’s behalf, including, (a) a benefit for the provision of shelf space at the wine boutique; (b) a product listing for the manufacturer’s wine; or (c) 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.
Packaging
 103. (1) The licensee shall not keep for sale, offer for sale or sell, (a) wine, other than cider, in containers with a volume of more than 4 litres; or (b) cider in containers with a volume of more than 750 mL. (2) The licensee shall not offer a discount or rebate in respect of the purchase of more than six containers of cider.
Sales information re stock-keeping units
 104. (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. (2) The licensee must make available to the Minister of Finance such sales and operational information related to a wine boutique as the Minister of Finance may request. (3) A licensee that operates six or more wine boutiques shall provide information respecting the weekly sales of all VQA wine in the wine boutiques the licensee operates to a winery whose wine is sold in the licensee’s wine boutique upon request. (4) The requesting winery is only entitled to information relating to weeks during which its wine is sold in the wine boutique. (5) The licensee shall provide the information to the requesting winery within a reasonable time and shall identify the information by stock-keeping units attributed to each manufacturer whose VQA wine is sold in the boutique. (6) The licensee shall not charge a fee for providing the information described in subsection (3) that exceeds the fee charged by the LCBO for the provision of similar information. Brewers Retail Inc. Licence
Brewers Retail Inc. Licence
nan
Application
 105. It is a condition of the Brewers Retail Inc. licence that the licensee comply with sections 106 to 108.
Stores and products
 106. (1) The licensee shall only establish stores under the licence in a location approved by the Registrar. (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, i. 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 ii. 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, (a) beer; and (b) alcohol that, (i) was obtained other than by the fermentation of an infusion or decoction of barley, malt and hops or of any similar products, and (ii) does not increase the total alcohol content of the beverage by more than 0.5 of one per cent by volume. (5) The licensee may not sell products other than liquor or non-alcoholic beer from its retail stores except as permitted by the Registrar. (6) In subsection (5), “non-alcoholic beer” means a beverage that is not liquor but that has the traditional aroma or taste commonly attributed to beer.
Distribution of liquor
 107. (1) The licensee may distribute liquor to a person if the liquor was purchased from the LCBO or from a person licensed to sell it under the Act. (2) The licensee may enter into an agreement or arrangement with another person to distribute the liquor referred to in subsection (1) on behalf of the licensee.
Required training
 108. (1) The standards established under paragraph 5 of subsection 24 (1) of the Act do not apply to the licensee if the licensee ensures that every person involved in the sale of liquor completes training that addresses the responsible sale and service of liquor. (2) On and after July 1, 2023, the exemption set out in subsection (1) applies only if the training required by that subsection has been reviewed by the Registrar. (3) For greater certainty, the exemption set out in subsection (1) applies to a person who received training before the Registrar’s review so long as the Registrar subsequently reviewed the training. (4) The Registrar shall establish a process to review and to provide comments on the training required by subsection (1). (5) The licensee shall comply with the process established by the Registrar in subsection (4). (6) For greater certainty, the process described in subsection (4) may be established before July 1, 2023. Part V   Licences to Operate as a Wholesaler
PART V LICENCES TO OPERATE AS A WHOLESALER
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No issuance of wholesaler licences
 109. The Registrar shall not issue any licences to operate as a wholesaler. Part VI   Licences to Deliver Classes and Authorized Actions
PART VI LICENCES TO DELIVER
nan
Classes and Authorized Actions
nan
Classes of licences to deliver
 110. No classes of licence to deliver are prescribed.
Authorized actions for licence to deliver
 111. A licence to deliver authorizes the licensee to perform the following actions in accordance with this Regulation: 1. Deliver liquor for a fee. 2. Take or solicit orders for the sale of liquor for delivery. Licence Conditions
Application
 112. It is a condition of every licence to deliver that the licensee comply with sections 113 to 114.
Purchase of liquor
 113. (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, (a) liquor that is delivered under the licence is not purchased or obtained from the grocery store; and (b) 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. (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. (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. (5) Subsection (4) does not apply to a benefit received by the licensee from the operator of a retail store, other than an eligible grocery store or a store located in an eligible grocery store, if, (a) the benefit is provided under an agreement between the licensee and the person who provided the benefit; (b) the agreement described in clause (a), (i) facilitates or promotes the purchase or delivery of liquor from a store operated by the person who provided the benefit, (ii) does not restrict either party to the agreement from entering into an agreement with another person that facilitates or promotes the purchase of liquor by a customer and its delivery to a customer, and (iii) does not restrict the person who provided the benefit from delivering or arranging for the delivery of their liquor from their retail stores; and (c) the licensee does not also hold, directly or indirectly, a beer and wine grocery store licence or a beer and cider grocery store licence. (6) Subsection (4) does not apply to a benefit received by the licensee if the licensee is acting under an agreement with a manufacturer to deliver the manufacturer’s liquor for a charitable purpose.
Delivery of liquor under licence to deliver
 114. (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). Part VII   Licences to Operate a Ferment on Premises Facility Classes and Authorized Actions
PART VII LICENCES TO OPERATE A FERMENT ON PREMISES FACILITY
nan
Classes of licences to operate a ferment on premises facility
 115. No classes of licence to operate a ferment on premises facility are prescribed.
Authorized actions for licence to operate a ferment on premises facility
 116. A licence to operate a ferment on premises facility authorizes the licensee to perform the following actions in accordance with this Regulation: 1. Operate a ferment on premises facility specified in the licence. 2. Serve or offer to serve beer or wine that was made by a customer to that customer for the purposes of providing samples. 3. Permit individuals to possess or consume samples described in paragraph 2 on the licensed premises. Licence Conditions
Application
 117. It is a condition of every licence to operate a ferment on premises facility that the licensee comply with sections 118 to 122.
Interpretation
 118. In sections 119 to 122, “container” means a bottle, can, cask or any other receptacle into which beer or wine may be placed following completion of the brewing or fermentation process.
Ferment on premises requirements
 119. (1) The licensee shall ensure that, (a) the licensee transfers to the customer ownership of any ingredients being purchased by the customer from the licensee to make the beer or wine; (b) 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, (i) may add finings or stabilizing agents to the customer’s other ingredients, (ii) may operate equipment to filter and add carbonation to the customer’s ingredients, and (iii) may rack the customer’s beer or wine; (c) 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; (d) the customer places their beer or wine in containers; (e) the customer labels, corks, caps, shrink wraps or packages their beer or wine; and (f) the customer removes their beer or wine from the licensed premises immediately after it has been placed in containers. (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. (3) If a customer needs assistance to carry out an operation that the customer is required to carry out under this section, the operation may be carried out in the customer’s presence by another person who is not the licensee or a person acting on the licensee’s behalf.
Ferment on premises restrictions
 120. (1) The licensee shall not, (a) produce on the licensed premises beer or wine for sale or exchange; (b) 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; (c) give liquor to any person on the licensed premises; (d) permit on the licensed premises the exchange, sale or giving of beer or wine made by customers; (e) permit anyone to make beer or wine on the licensed premises other than, (i) a customer or a person designated by a customer who is not the licensee or a person acting on the licensee’s behalf, or (ii) the licensee or the licensee’s employees, if they are making beer or wine for their own purposes; (f) 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; (g) store or permit the storage on the licensed premises of beer or wine that has been placed in containers; (h) 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 (i) 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. (2) Despite subsection (1), the licensee may serve a customer a sample of the customer’s beer or wine after fermentation, carbonation or filtration has occurred, if the sample is no larger than 170 millilitres and is consumed on the licensed premises.
Making of beer or wine
 121. (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. (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.
Limit on other businesses and sales
 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. Part VIII   Licences to Represent a Manufacturer Classes and Authorized Actions
PART VIII LICENCES TO REPRESENT A MANUFACTURER
nan
Classes of licences to represent a manufacturer
 123. No classes of licence to represent a manufacturer are prescribed.
Authorized actions for licence to represent a manufacturer
 124. A licence to represent a manufacturer authorizes the licensee to perform the following actions in accordance with this Regulation: 1. Directly or indirectly act as an agent or representative of a manufacturer in respect of the sale of liquor. 2. Take or solicit orders for the sale of liquor manufactured by the manufacturer. 3. Serve or offer to serve liquor, i. for the purpose of providing samples to the holder of a liquor sales licence or their employees at the premises to which the liquor sales licence applies, ii. in an eligible grocery store for the purpose of providing samples to customers of the eligible grocery store, or iii. in a designated area within or adjacent to an offsite winery retail store that is located inside the shopping area of an eligible grocery store for the purpose of providing samples to the customers of the offsite winery retail store. 4. Permit individuals to possess or consume samples described in paragraph 3. 5. Deliver liquor for a fee to persons who have purchased liquor from a manufacturer or the LCBO. O. Reg. 746/21, s. 124; O. Reg. 352/22, s. 5. Licence Conditions
Application
 125. It is a condition of every licence to represent a manufacturer that the licensee comply with section 126.
Representation
 126. The licensee shall ensure that, (a) 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, (i) taking or soliciting orders for the sale of liquor, or (ii) taking or soliciting orders for the sale of liquor and selling items related to liquor; (b) the licensee notifies the Registrar of, (i) 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, and (ii) 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; (c) 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; (d) the licensee, (i) 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, (ii) 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, and (iii) ensures that a copy of the purchase order is attached to the liquor; (e) the licensee does not keep liquor except for the purpose of, (i) delivering it to the customer who ordered it in accordance with clause (d), (ii) distributing it to the holder of a licence to operate a liquor consumption premises who ordered it in accordance with clause (d), (iii) carrying out market research, or (iv) providing a sample of a product of the manufacturer on condition that the sample is provided in a sealed, unopened container; and (f) 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. Part IX   Manufacturer’s licenceS to sell Classes, Endorsements and Authorized Actions
PART IX MANUFACTURER’S LICENCES TO SELL
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Classes of manufacturer’s licences to sell
 127. The following classes are established for a manufacturer’s licence to sell: 1. Brewery licence. 2. Distillery licence. 3. Winery licence.
Manufacturer’s licence to sell endorsements
 128. (1) The following are prescribed as endorsements on all classes of manufacturer’s licence to sell: 1. By-the-glass endorsement. 1.1 Caterer’s endorsement. 2. Temporary extension endorsement. 3. Delivery endorsement. O. Reg. 746/21, s. 128 (1); O. Reg. 352/22, s. 6. (2) The following are prescribed as endorsements on brewery licences: 1. Brewery retail store endorsement. O. Reg. 746/21, s. 128 (2). (3) The following are prescribed as endorsements on distillery licences: 1. Distillery retail store endorsement. O. Reg. 746/21, s. 128 (3). (4) The following are prescribed as endorsements on winery licences: 1. Winery retail store endorsement. O. Reg. 746/21, s. 128 (4). (5) A winery retail store endorsement may be in one or more of the following subclasses: 1. Grape winery retail store. 2. Fruit winery retail store. 3. Maple winery retail store. 4. Honey winery retail store. 5. Sake retail store. O. Reg. 746/21, s. 128 (5).
Eligibility for endorsements
 129. (1) In order to be eligible for a brewery retail store endorsement, a distillery retail store endorsement or a winery retail store endorsement, the licensee must exercise substantial ownership and control over the production site on which the retail store is located and, where the production site is owned and controlled by more than one holder of a manufacturer’s licence to sell, the applicant must demonstrate its substantial ownership and control over the production site in the manner specified by the Registrar. O. Reg. 746/21, s. 129 (1). (2) The Registrar may only grant a by-the-glass endorsement if, (a) the Registrar is of the opinion that the sale of liquor will be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose; and (b) where the production site is located in a municipality, the council of the municipality has passed a resolution in support of the endorsement. O. Reg. 746/21, s. 129 (2). (2.1) The Registrar may only grant a caterer’s endorsement if, (a) the licensee holds a by-the-glass endorsement; and (b) the Registrar is of the opinion that the sale and service of liquor will be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose. O. Reg. 352/22, s. 7. (2.2) A caterer’s endorsement is immediately revoked if the licensee ceases to hold a by-the-glass endorsement. O. Reg. 352/22, s. 7. (3) The Registrar shall not grant more than two brewery retail store endorsements to the holder of a brewery licence. O. Reg. 746/21, s. 129 (3). (4) A licensee is eligible for a winery retail store endorsement in a particular subclass if the licensee satisfies the criteria established by the Registrar for that subclass. O. Reg. 746/21, s. 129 (4).
Proposal to refuse endorsement
 129.1 The by-the-glass class of endorsement is prescribed for the purposes of subsection 3 (3.1) of the Act. O. Reg. 352/22, s. 8.
Manufacturer’s Licences to Sell
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Application
 131. It is a condition of every manufacturer’s licence to sell that the licensee comply with sections 132 to 141.
Material financial or other benefit
 132. (1) The licensee shall not directly or indirectly offer or give a material financial or other benefit to a holder of a licence or permit under the Act, or to a person acting on behalf of that licence or permit holder, for the purpose of increasing the sale or availability of a brand of liquor. (2) The licensee shall not directly or indirectly offer to pay or pay any commission, profit or remuneration or make any gift to a member of the Board, an employee of the Alcohol and Gaming Commission of Ontario or to a member or employee of the Tribunal. (3) Subsection (1) does not apply to a benefit offered or given by the licensee to the holder of a licence to deliver when acting in accordance with an agreement between them that is described in subsection 113 (5) (Purchase of liquor) if, (a) the benefit is intended to facilitate or promote, (i) the purchase of liquor from a retail store operated under an offsite winery retail store licence, a brewery retail store endorsement, a winery retail store endorsement or a distillery retail store endorsement, or (ii) the delivery of liquor from a retail store described in subclause (i) by the holder of the licence to deliver; and (b) the licensee does not also hold, directly or indirectly, a beer and wine grocery store licence or a beer and cider grocery store licence. (4) Subsection (3) does not apply to collaboration between an eligible grocery store and the holder of a brewery licence or the Brewers Retail Inc. licence with respect to demand planning, forecasting and category management services provided that neither party is remunerated in respect of the services.
Supply of liquor without remuneration
 133. (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, i. the licensee’s employee, ii. 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 iii. 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, A. a
charitable organization that is registered under the Income Tax Act (Canada), B. a non-profit association or organization for the advancement of charitable, educational, religious or community objects, or C. the holder of an auction permit. 4. If the liquor is supplied in an indoor place at the licensee’s head office or production site, i. to which the public is not ordinarily invited or permitted access, ii. that is not available for rental by members of the public for occasional use, and iii. to which the public is not invited or permitted access at the time the liquor is given. (2) If the licensee manufactures Ontario wine, the licensee may, after giving notice to the Registrar of the specific location at which the Ontario wine is to be given, supply Ontario wine without receiving remuneration to a person at an outdoor place to which the public is not ordinarily invited or permitted access at the licensee’s head office or production site, (a) that is not available for rental by members of the public for occasional use; and (b) to which the public is not invited or permitted access at the time the Ontario wine is given. (3) A licensee may only supply liquor without receiving remuneration to the persons mentioned in subparagraphs 3 ii and iii of subsection (1). (4) A licensee shall provide to the LCBO such samples of the licensee’s products as are required by the LCBO.
Employees who take or solicit orders for sales
 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).