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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 To | Standard |
---|---|---|
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 To | Standard |
---|---|---|
2.1 | Grocery Store Licence Convenience Store Licence
| Advertising and Promotional Restrictions Except for public service advertising, Licensees may advertise or promote liquor only if the advertising or promotion:
|
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 To | Standard |
---|---|---|
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:
|
4. Responsible Sale, Service and Delivery Training
# | Applicable To | Standard |
---|---|---|
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 To | Standard |
---|---|---|
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 To | Standard |
---|---|---|
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:
|
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:
Licensees shall only sell liquor to customers from inventory that is in the retail store. |
7. Record Keeping and Provision of Information
# | Applicable To | Standard |
---|---|---|
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:
|
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:
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. |