Registrar’s Standards for Grocery and Convenience Stores

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Registrar’s Standards for Grocery and Convenience Stores

Introduction

The Liquor Licence and Control Act, 2019 came into force on November 29, 2021. It provides the Registrar with the authority to establish standards and requirements respecting the following matters that relate to the conduct of licensees or to the operation of licensed premises:

  • Measures related to the responsible sale, wholesale, supply and delivery of liquor under a licence and to the responsible consumption of liquor authorized under a licence; 
  • Measures related to licensed premises, accommodation, equipment and facilities; 
  • Addressing unlawful activities in licensed premises; 
  • Advertising and promotional activities; 
  • Training relating to the responsible sale, wholesale, supply and delivery of liquor under a licence and to the responsible consumption of liquor authorized under a licence; 
  • The keeping of records, including financial records; and 
  • Any other matter relating to the conduct of licensees or to the operation of licensed that may be prescribed.

These standards are set out in this document, the Registrar’s Standards for Grocery and Convenience Stores, and apply to the following classes for licences to operate a retail store:  

  • Grocery store licence, including licences with a wine boutique sales agent endorsement; and
  • Convenience store licence.

Licensees are responsible for meeting all standards that apply to their licence, as well as all applicable laws and regulations, including the Liquor Licence and Control Act, 2019 and regulations made thereunder. 
The Registrar’s Standards for Grocery and Convenience Stores contain:

  • Certain provisions that were contained in regulations under the previous Liquor Licence Act and Liquor Control Act;
  • Requirements that were previously included in Registrar policy;
  • Standards and guidelines applicable to licences to operate a retail store that were previously contained in the Registrar’s Interim Standards and Requirements for Liquor; and
  • New standards that are applicable to newly permissible activities and new areas of AGCO regulation.

The objective of a standards-based regulatory model is to shift the focus from requiring licensees to comply with a specific set of rules or processes, toward the broader regulatory outcome or objectives they are expected to achieve. Since there may be many ways for a licensee to meet a Standard, licensees have the flexibility to determine what works best for their business, thereby strengthening regulatory outcomes without needlessly burdening regulated entities.

Because these Registrar’s Standards for Grocery and Convenience Stores contain provisions from the previous regulatory regime, this document will be reviewed and revised regularly. This review process will include the engagement of stakeholders in the development of permanent standards, to ensure that regulatory risks associated with the sale, service and delivery of liquor are effectively mitigated, while providing flexibility for liquor sector businesses.

Definitions

Words and phrases in these Registrar’s Standards for Grocery and Convenience Stores shall have the same meaning as in the Liquor Licence and Control Act, 2019 and the Regulations made thereunder unless indicated otherwise.

“Act” means the Liquor Licence and Control Act, 2019.

“advertising” means any public notice, representation, or activity, including promotional and marketing activities, that is intended to attract attention to liquor, the brand name of liquor, the name of the premises where liquor is available, or the name under which the Licensee carries on business, and

“advertise” and “advertisement” have corresponding meanings.

“AGCO” means the Alcohol and Gaming Commission of Ontario as continued under the Alcohol and Gaming Commission of Ontario Act, 2019.

“Board” means the board of the Alcohol and Gaming Commission of Ontario as continued under the Alcohol and Gaming Commission of Ontario Act, 2019.

“liquor” means spirits, wine and beer or any combination of them (e.g. ready-to-drink beverages) and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter.

“public service advertising” means any advertising carrying a strong message against irresponsible use of liquor where the message does not contain any direct or indirect endorsement of liquor, the brand name of a type of liquor or of the consumption of liquor.

“Registrar” means the Registrar as continued under the Alcohol and Gaming Commission of Ontario Act, 2019.

“regulations” means the regulations as contained under the Liquor Licence and Control Act, 2019, including Ontario Regulation 745/21 (General), Ontario Regulation 746/21 (Licensing), Ontario Regulation 747/21 (Permits) and Ontario Regulation 750/21 (Minimum Pricing of Liquor and Other Pricing Matters).

“sample” means a small serving of liquor provided to a person for the purpose of promoting a product, conducting market research on that product, or providing education about the product.

Registrar’s Standards for Grocery and Convenience Stores

1. Administrative

#Applicable ToStandard
1.1

Grocery Store Licence
 

Convenience Store Licence

Business Name

Licensees shall not carry on business under a name other than the name set out on the licence unless the Registrar has approved the Licensee operate under a different name.

1.2

Grocery Store Licence
 

Convenience Store Licence

 

Posting of Licence or Endorsement 

Licensees shall post their licence and any endorsements in a conspicuous place in the retail store.

1.3

Grocery Store Licence
 

Convenience Store Licence

Posting of Notice of Suspension

If a licence is suspended, the Licensee shall post the suspension sign provided by the Registrar on the premises of the retail store in a conspicuous place that is visible from the exterior of the premises throughout the suspension.

 

2. Advertising and Promotions

#Applicable ToStandard
2.1 

Grocery Store Licence
 

Convenience Store Licence

 

Advertising and Promotional Restrictions [Amended: September 5, 2024] 

Except for public service advertising, Licensees may advertise or promote liquor only if the advertising or promotion:

  1. Is consistent with the principle of depicting responsible use and sale of beer, wine, cider and ready-to-drink beverages;
  2. Does not promote general or excessive consumption, or make claims of healthful, nutritive, curative, dietetic, stimulative or sedative benefits of beer, wine, cider or ready-to-drink beverages and is restricted to the promotion of brands or types of beer, wine, cider or ready-to-drink eligible to be sold;
  3. Does not imply that consumption of beer, wine, cider or ready-to-drink beverages is required in obtaining or enhancing:
    1. Social, professional or personal success;
    2. Athletic prowess;
    3. Sexual prowess, opportunity or appeal;
    4. Enjoyment of any activity;
    5. Fulfillment of any goal;
    6. Resolution of social, physical or personal problems;
    7. Endorsement of a beer, wine, cider or ready-to-drink beverage product by well-known personalities shall not directly or indirectly suggest the consumption of any beer, wine or cider or ready-to-drink beverage has contributed to the success of their particular endeavours; 
  4. Does not appeal, either directly or indirectly, to persons under the legal drinking age, or is not placed in media that are targeted specifically at people under that age;
  5. Does not associate consumption of beer, wine, cider or ready-to-drink beverages with driving a motorized vehicle, or with any activity that requires care and skill or has elements of danger;
  6. Does not depict motorized vehicles in motion in advertising showing consumption of beer, wine, cider or ready-to-drink beverages, unless the motorized vehicle is a form of public transportation;
  7. Does not suggest any illegal sale, illegal purchase, illegal gift, illegal handling or illegal consumption of beer, wine, cider or ready-to-drink beverages;
  8. [DELETED September 5, 2024] 
  9. Does not advertise or promote free or discounted merchandise contingent on the purchase of beer, wine, cider and ready-to-drink beverages.
2.2 

Grocery Store Licence
 

Convenience Store Licence

Promotional Restrictions

Loyalty and rewards programs must be applied equally to all beer, wine, cider and ready-to-drink beverages. Promotions involving extra loyalty points or rewards for a particular brand are not permitted.

 

3. Sampling

#Applicable ToStandard
3.1

Grocery Store Licence

 

 

Product Sampling to Patrons of a Grocery Store 

Where a licensed grocery store  offers samples, the Licensee offering the samples must:

  • Provide samples only in a designated area that is within or adjacent to liquor display area within the grocery store; 
  • Purchase all products used for the sampling from the licensed grocery store; and 
  • Retain all receipts of beer, wine, cider and ready-to-drink beverages purchased for sampling, and make a record of any beer, wine, cider or ready-to-drink beverages remaining at the conclusion of the sampling. These records must be provided to the Registrar on request.
     

 

4. Responsible Sale, Service and Delivery Training

#Applicable ToStandard
4.1

Grocery Store Licence
 

Convenience Store Licence

 

Completion of Training

Licensees shall ensure that employees and persons involved in the sale, sampling, delivery, and taking orders for the sale of liquor for delivery by the Licensee hold a valid certificate demonstrating the successful completion of a training course approved by the Board.

 

5. Safe and Responsible Sale and Delivery of Liquor

#Applicable ToStandard
5.1 

Grocery Store Licence
 

Convenience Store Licence 
 

No Contests or Prizes Involving Free Liquor

Licensees shall ensure that free liquor is not offered or given as a prize in a contest.

5.2

Grocery Store Licence
 

Convenience Store Licence

No Sales from Vending Machines

Licensees shall ensure that no liquor is sold from a vending machine.

5.3 

Grocery Store Licence
 

Convenience Store Licence

No Possession of Liquor by Minors in Retail Stores

Licensees shall have measures in place to effectively ensure that minors do not possess liquor in the retail store.

5.4

Grocery Store Licence
 

Convenience Store Licence 

No Access by Minors for Online Sales

Licensees must take reasonable measures to effectively ensure that individuals accessing their website or application  for the purpose of purchasing liquor are at least 19 years of age.

6. Premises

#Applicable ToStandard
6.1 

Grocery Store Licence
 

Convenience Store Licence

 

Storage of Liquor on Retail Store Premises  

Licensees shall provide a secure storage area that is not accessible to patrons for the following liquor if stored on the retail store premises:

  • Liquor that is not on display for sale in the retail store or wine boutique; 
  • Liquor that has been purchased online by a customer but has not yet been picked up; and
  • Liquor that has been ordered by a customer for delivery.
6.2 

Grocery Store Licence
 

Convenience Store Licence

 

Off-Premises Storage of Liquor

Licensees may store liquor that has been received at their store in a secure storage area away from the premises of the retail store if:

  • The secure storage area is not in any place or any part of a place actually used as a dwelling; and
  • The Licensee has notified the Registrar by updating their iAGCO profile of the location of any liquor stored outside of the premises of the retail store.

Licensees shall only sell liquor to customers from inventory that is in the retail store.

 

7. Record Keeping and Provision of Information

#Applicable ToStandard
7.1 

Grocery Store Licence
 

Convenience Store Licence

 

Records of Purchase and Sale

The Licensee shall make and retain for a period of at least one year:

  • Records of the wholesale purchases of liquor by the Licensee offered for sale; and
  • Records (e.g. sales invoices, cash register tapes or receipts) of the retail sales of liquor to customers for purchases in-store, and orders placed online for in-store and curbside pickup.
7.2 

Grocery Store Licence
 

Convenience Store Licence

 

Order Placed with a Retailer for Delivery

In the case of an order placed with a retailer for delivery from their store where the order is fulfilled by the retailer, the Licensee shall record the following information, together with the Licensee’s name and address:

  • The name and address of the customer;
  • The date on which the liquor is purchased, and the date on which it is to be delivered;
  • The kinds and quantities of liquor to be delivered; and
  • The address where the liquor is to be delivered.

If the liquor is delivered from the retail store by an employee from that retail store, the name of the person making the delivery.

The Licensee shall retain the records required by this Standard for at least one year from the date the liquor is removed from the store.

7.3 

Grocery Store Licence
 

Convenience Store Licence
 

Order Placed with a Liquor Delivery Licensee for Delivery by that Licensee from a Retail Store

Where liquor orders are placed with a liquor delivery licensee that are fulfilled from a retail store, the retail Licensee shall retain a copy of the order from the liquor delivery licensee.

The Licensee shall retain the records required by this Standard for at least one year from the date the liquor is removed from the store.