Section 7: Winery Retail Store Endorsement

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What is a Winery Retail Store Endorsement?

A Winery Retail Store Endorsement authorizes a winery to sell its wine at any location on the licensee’s production site from a retail store on the production site.

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 (rice wine) retail store

To be eligible for a Winery Retail Store Endorsement a winery must hold a valid Manufacturer’s Licence – Winery from the AGCO and the winery must exercise substantial ownership and control over the production site where the retail store is located. Where the production site is owned and controlled by more than one licensed manufacturer, the winery must demonstrate to the Registrar that it meets this requirement.

Where more than one retail store is located at the same production site, each licensed manufacturer must own and operate their own retail store and the store must be readily distinguishable from any other authorized retail store located at the same production site. Sales from more than one store may not be conducted in the same location.

Wineries may hold more than one Winery Retail Store Endorsement and operate more than one winery retail store, provided that each store is located at a production site of the manufacturer and the wine to be sold at each store complies with the requirements.

Eligibility for Winery Retail Store Endorsement Subclass and Wine(s) that May be Sold

Generally, a winery may sell the type(s) of wine authorized by the Registrar, in accordance with the endorsement subclass. All wine sold in a winery retail store must be made by the manufacturer that holds the Winery Retail Store Endorsement. The wine sold must also comply with specific requirements regarding Ontario content as set out in the Liquor Licence and Control Act and regulations.

Requirements and information specific to each subclass are set out below.

Grape winery retail store subclass

  • The production site where the retail store is located must contain at least five acres of planted grapes, unless the retail store has been operating since before January 1, 1993.

  • Under this subclass, a winery may sell:

    • Wine made from grapes that has been made by the manufacturer, in accordance with the requirements set out below.

    • Wine authorized under all other subclasses

    • Wine manufactured using imported grape or grape product that contains at least 25% Ontario grape content in each bottle, commonly referred to as International Canadian Blend (ICB) or International Domestic Blend (IDB) wine.

Fruit winery retail store subclass

  • The production site where the retail store is located contains at least five acres of planted fruit other than grapes, except if the wine the winery produces is cider made from apples or pears. For greater clarity:

    • if the wine the winery produces is cider made from apples or pears, the winery is not required to have five acres of planted fruit other than grapes; and;

    • if the wine the winery produces is made from apples or pears and is not cider, the winery is required to have at least five acres of planted fruit other than grapes.

  • The licensee must produce a minimum of 80% of its total wine production from fruit (not including grapes).

  • Under this subclass, a winery may sell:

    • Wine made from fruit other than grapes that has been made by the manufacturer, in accordance with the requirements set out below.

    • Wine authorized under all other subclasses.

Maple winery retail store subclass

  • The production site where the retail store is located contains at least five acres of land planted with sugar maple bush.

  • The licensee must produce a minimum of 80% of its total wine production from maple syrup.

  • Under this subclass, a winery may sell:

    • Wine made from maple syrup that has been made by the manufacturer, in accordance with the requirements set out below.

    • Wine authorized under all other subclasses.

Honey winery retail store subclass

  • The licensee owns or leases and operates at least 100 bee colonies and possesses a valid certificate of registration issued by the Provincial Apiarist under the Bees Act.

  • The winery retail store is located at the winery’s main manufacturing plant where some honey extraction takes place.

  • Under this subclass, a winery may sell:

    • Wine made from honey that has been made by the manufacturer, in accordance with the requirements set out below.

Sake retail store subclass

  • Under this subclass, a winery may sell:

    • Sake (rice wine) made by the manufacturer, in accordance with the requirements set out below.

“Made” Requirements

To be considered made by the manufacturer, a winery must meet the requirements set out below. Wineries may also sell wine at a retail store that has been produced at another production site owned by the winery, provided that the other production site also has a retail store, and the wine sold complies with the requirements set out below.

Criteria for all types of wine:

  • The licensee must carry out the full primary fermentation process with respect to at least 25 per cent of the total volume of wine sold by the licensee.

Additional Criteria for grape, fruit, maple and honey wine:

  • The wine sold at the retail store, must meet the following conditions:

    • The licensee must carry out the full primary fermentation process at the production site with respect to at least 25 per cent of the total volume of wine sold at the retail store, which requires,

      • all aspects of the process to occur at the production site, and

      • the relevant fermentation vessels to at all times be physically present at the production site, and

    • the licensee must also carry out at least one of the following steps, in full, at a production site where one of the licensee’s winery retail stores is located, with respect to the entire content of each bottle of wine the licensee sells at its winery retail stores:

      • Primary fermentation.

      • Blending.

      • Barrel aging for at least three months.

      • Bulk aging for at least three months.

      • In the case of sparkling wine, secondary fermentation or artificial carbonation, as applicable.

      • In the case of fortified wine, flavouring.

Additional criteria for Sake:

  • The licensee must,

    • Perform the full sake-making process, including all steps set below, at the production site where the retail store is located for at least 25 per cent of the total volume of sake sold at the store, and

    • Perform the full sake-making process, including all steps set out below, at a production site where one of the licensee’s winery retail stores is located for the remaining volume of sake sold at the store.

    • The required steps are:

      • Rice milling.

      • Rice washing.

      • Rice steeping.

      • Rice steaming.

      • Koji making.

      • Fermentation.

      • Filtration.

      • Pasteurization.

*The year in the “made” policy and the harvest year spans September 1st to the 31st of August of the following year.

Gift or Souvenir Packages Which May Be Sold in Winery Retail Stores

While wine sold in a winery retail store must generally be made by the manufacturer that holds the Winery Retail Store Endorsement, a winery may sell other wine if it is part of a souvenir or gift package that is approved by the Registrar.

Requests for approval must be made in writing to the Registrar.

The Registrar’s decision to grant or deny approval are made subject to the following conditions:

  1. Only one type of gift or souvenir package may be sold in all of the Winery Retail Stores at any given time.

  2. In addition to the manufacturer’s own wine, the gift or souvenir package may contain wine made by no more than two (2) other Ontario wine manufacturers.

  3. The gift or souvenir package shall contain no more than two (2) bottles of each of the other Ontario wine manufacturers’ wines, and each bottle shall contain no more than 1.5 litres.

  4. The volume of each of the other manufacturers’ wines may not exceed the volume of the manufacturer’s own wine.

  5. The gift or souvenir package may contain no more than four (4) bottles of wine and at no time may the total volume of the gift pack exceed six (6) litres.

  6. The Ontario wine made by the other manufacturer(s) must be 100% Ontario wine in accordance with the definition of Ontario wine under the Liquor Licence and Control Act.

  7. The gift or souvenir package must contain wine made by the manufacturer selling the package and such wine must have been made in accordance with the Liquor Licence and Control Act and the regulations thereunder.

  8. The gift or souvenir package must be marketed, assembled, displayed, priced and sold as a single selling unit.

  9. The manufacturer shall notify the Registrar in writing when it ceases to sell the approved gift pack. On receipt of such notice by the Registrar, the manufacturer’s approval to sell the gift pack shall become void.

Products Other Than Liquor Which May Be Sold

Manufacturers may sell some non-liquor products at a winery retail store operated under a Winery Retail Store Endorsement. The list of permissible items is set out in the standards and requirements established by the Registrar.

Things to know before applying for a Winery Retail Store Endorsement

General Eligibility Criteria

Generally, in order to be eligible for a Winery Retail Store Endorsement:

  • The applicant must be a winery with a valid Winery Licence issued by the Registrar.

  • The applicant must meet the requirements specific to the endorsement subclass.

  • The applicant must meet the requirements set out in the Liquor Licence and Control Act and its regulations.

Please note that the application process also includes a site inspection of the constructed retail store to confirm that all eligibility criteria and requirements have been met.

Please note that it is the responsibility of the holder of a retail store endorsement to ensure that it complies with all federal, provincial and municipal laws including municipal zoning by-laws/requirements.

Supporting documents

What supporting documents/information are needed for an Winery Retail Store Endorsement application?

When applying for a Winery Retail Store Endorsement via iAGCO, you will be asked to provide the following as part of your application. These items can be provided to the AGCO at any time during the application process:

  • completed Municipal Information for a Retail Store 

  • site plan detailing the production site and the proposed retail store location

  • floor plan of the proposed retail store including square footage

  • supplementary documentation demonstrating substantial ownership and control of the production site (if ownership and control of the production site shared with any other licensed manufacturer)

 

Renewing your Retail Store Endorsement

Retail Store Endorsements are valid for a period of two or four years and expire when the associated Manufacturer’s Licence expires or is terminated. As a courtesy, licensees will be sent a renewal notice approximately 60 days prior to the expiry date shown on the licence. However, it remains the licensee’s responsibility to ensure the licence is renewed on time.

To ensure your Retail Store Endorsement and Manufacturer’s Licence remain valid, please see the section on “Renewing a Manufacturer’s Licence” for instructions on completing the renewal application.

Moving your winery retail store to a new location

A winery must notify the Registrar if it moves its winery retail store to a new location on the same production site.

A winery must apply for a new Winery Retail Store Endorsement if it wants to move the winery retail store to a different production site of the winery, or if the winery wants to move both the production site and the winery retail store. Please note that the application process also includes a site inspection of the constructed retail store by an AGCO Compliance Official to confirm that all eligibility criteria and requirements have been met.

A winery retail store cannot be moved to a location away from the winery’s production site. It must remain located at a production site of the holder of the Retail Store Endorsement.

After the move, the winery retail store must continue to operate in accordance with all the requirements for a Winery Retail Store Endorsement, including the requirements noted above about the retail store location, production site and wines that may be sold in the store.

Transferring your Winery Retail Store Endorsement

A Winery Retail Store Endorsement can only be transferred together with the Winery Licence to which it is attached. Separate applications must be filed for the transfer of the Winery Retail Store Endorsement and for the transfer of the Winery Licence. These two applications will be reviewed concurrently.