The AGCO is responsible for licensing eligible convenience stores to sell beer, wine (including cider) and ready-to-drink beverages and ensuring that these products are sold responsibly and in accordance with Ontario’s regulatory framework.

The AGCO is an agency of the provincial government that is responsible for regulating aspects of Ontario’s liquor industry. The AGCO’s mandate includes ensuring that the sale and service of liquor is conducted in a safe and responsible manner. The AGCO’s powers in the liquor sector are derived from the LLCA and the Alcohol and Gaming Commission of Ontario Act, 2019. If you have questions about your licence, and your regulatory obligations, please direct your questions to the AGCO.

The Liquor Control Board of Ontario (LCBO) is the sole wholesaler of record for all beverage alcohol products sold to licensed grocery and convenience stores. If you have questions about product, ordering and distribution, please direct your questions to the LCBO.

Please note that this guide does not replace the law. Please consult the LLCA, the regulations and the standards and requirements established by the AGCO Registrar to ensure understanding all responsibilities and obligations that come with holding a Convenience Store Licence.

The LLCA and its regulations set out the rules for liquor in a number of areas, including:

• Rules regarding the purchase, sale, display, delivery and storage of liquor.
• Licences (including classes, sub-classes, and endorsements) and the conditions that businesses and individuals must follow.
• Regulatory oversight activities.
• Social responsibility measures.
• Transition of licensees into the new licensing regime.

Licence holders should refer to the three regulations under the LLCA that are applicable to their licence:

• Licensing Regulation (O. Reg. 746/21): Sets out the rules and conditions for licences, licence classes, and endorsements.
• General Regulation (O. Reg. 745/21): Sets out other requirements such as warning signs regarding alcohol consumption during pregnancy, and the Ontario Deposit Return Program.
• Minimum Pricing of Liquor and Other Pricing Matters Regulation (O. Reg. 750/21): Sets out the minimum retail pricing and loyalty program requirements.

Permitted Products and Packaging Requirements

Grocery store licensees must purchase all liquor from the LCBO.

If a convenience store licensee purchases containers of liquor that are packed together for consumer sale, the licensee must sell the liquor in that packaging. Convenience store licensees are permitted to sell beer, ready-to-drink beverages and cider with an alcohol content that is no greater than 7.1% by volume.

Convenience store licensees are permitted to sell wine, other than cider, with an alcohol content that is no greater than 18% by volume.

Beer, wine (including cider) and ready-to-drink beverages kept for sale, offered for sale, or sold must not be in a container with a volume of more than 5 litres.

Convenience store licensees are also not permitted to sell cream wine.

Permissible Retail Sale Hours

See Hours for Liquor Sale, Service and Delivery.

While convenience store licensees may choose to further limit the hours of beer, wine (including cider) and ready-to-drink beverage sales, store licensees must ensure that beer, wine (including cider) and ready-to-drink beverages are not made available to customers outside of the permissible hours. In addition to not selling outside of the permissible hours, store licensees may choose to lock the refrigerators in which the products are located, create a partition around the display aisles, or lock the point-of-sale system to disallow the sale of beer, wine (including cider) and ready-to-drink beverages outside of the permissible hours. Convenience store licensees have the flexibility to determine how best to meet this requirement in their store environments.

Some convenience stores may also have general hours of operation that are outside the permissible hours of sale (e.g. a 24-hour store), however they are only permitted to sell in-store, allow in-store pickup and perform deliveries of liquor within the permissible hours.

Product Display and Storage Requirements

Ontario has established specific display requirements. Criteria for these small manufacturers can be found in O. Reg. 746/21. The LCBO product catalogue is available to assist in selecting products that align with these requirements.

It is the convenience store licensee’s responsibility to properly display the beer, wine (including cider) and ready-to-drink beverages that are offered for sale. Beer and cider (if sold) must be displayed in one single contiguous product display area and cannot be displayed in multiple locations throughout the store (e.g. beer cannot be displayed in aisle 1 and cider in aisle 10). Wine, excluding cider, must also be displayed in a single contiguous product display area.. Similarly, all ready-to-drink beverages must be displayed together. There are no restrictions on the size of the area.

Regarding liquor product display, licensees must also ensure the following:

• That at least 20% of the containers of beer on display are containers of beer produced by small breweries.
• That at least 20% of the containers of cider on display are containers of cider produced by small cideries.
• That at least 10% of the containers of wine, excluding cider, on display are containers of wine produced by small wineries.
• That at least 20% of the containers of ready-to-drink beverages on display are containers of ready-to-drink beverages produced by small breweries, small distilleries or small wineries.

Additionally, at least 40% of containers of wine, excluding cider, on display in convenience stores are containers of wine that is produced using grapes from a single country and in respect of which at least one of the following criteria is being met:

1. The wine is quality assurance wine.
2. The wine was produced by a small winery.
3. The country where the grapes were grown produces, in the aggregate, less than 150 million litres of wine annually from grapes grown in that country.

Beer, wine (including cider), and ready-to-drink beverage inventory that is not on display to customers must be stored in a secure area that is not accessible to the public.

Dealing with Manufacturers or Representatives

Convenience store licensees are prohibited from directly or indirectly requesting, demanding, or receiving any financial or non-monetary benefit in Ontario or any other jurisdiction from a liquor manufacturer or from a persons acting on the manufacturer’s behalf, including a benefit for the provision of shelf space at the store or product listing of the manufacturer’s liquor or for any merchandising, marketing or promotional opportunities.

Convenience store licensees are also prohibited from entering into an agreement with a liquor manufacturer if the agreement restricts the manufacturer’s ability to sell its liquor in other stores.

Convenience store licensees are also prohibited from entering into an agreement with a liquor manufacturer that guarantees the provision of shelf space at the convenience store for a product listing for the manufacturer’s liquor or that guarantees any merchandising, marketing, or promotional opportunities.

Prohibited Brands

A convenience store licensee must not offer a brand of liquor for sale at its store if the licensee or any of its affiliates has a direct or indirect financial interest in the brand or a trademark under which the brand of liquor is marketed.

Loyalty Points or Reward Programs

Convenience store licensees may issue loyalty or reward points on the purchase of beer, wine (including cider) or ready-to-drink beverages as long as they are applied equally to all beer, wine (including cider) or ready-to-drink beverage products (i.e. promotions involving extra points/rewards for a particular brand are not permitted).

Beginning September 5, 2024, convenience store licensees may accept benefits given to customers under a loyalty program or a rewards marketing program as full or partial payment for beer, wine (including cider) or ready-to-drink beverages. Additionally, rewards for the purchase of alcohol and reward redemption that include alcohol can not be subject to special offers or bonuses.

This requirement covers any benefits given to customers under a loyalty or rewards marketing program, including coupons, tickets, points, or rewards.

Cross Promotions and Advertising

Convenience store licensees cannot offer free or discounted merchandise that requires the purchase of beer, wine (including cider) or ready-to-drink beverages. For example, a store cannot offer a promotion where a free or discounted snack item is available to customers who purchase beer, wine (including cider) or ready-to-drink beverages.

Other products may be displayed within the contiguous product display areas if they are displayed by the licensee for the purpose of cross-promotion with liquor (beer, wine (including cider) or ready-to-drink beverages). However, energy drinks or products that promote the immoderate consumption of liquor are not permitted.

Convenience store licensees cannot advertise or promote liquor or its availability unless the advertising is conducted in accordance with the Registrar’s Guidelines for Advertising and Promotion.

Sampling

Licensed convenience stores are not permitted to offer samples of beer, wine (including cider) or ready-to-drink beverages to customers.

Conducting Delivery of Online Orders

Convenience store licensees can offer delivery of their product for a fee, as long as the store fulfills the order from the inventory of the convenience store.

Posting Licence

Convenience store licensees must post their convenience store licence in a conspicuous place in the store. For example, posting the licence at a customer service counter or a selected checkout aisle that is in a conspicuous place are acceptable options.

Ontario Deposit Return Program (ODRP)

Convenience store licensees are not required to accept empty containers or provide refunds on those containers under the Ontario Deposit Return Program. However, convenience store licensees are required to post the nearest location where empty containers can be returned.

Signage Requirement — Warning Sign for Consumption of Liquor During Pregnancy

Licensed convenience stores must display a sign warning that drinking alcohol during pregnancy can cause birth defects and brain damage to a baby. (also known as “Sandy’s Law” signs). The sign is required to be prominently displayed in a location where liquor is purchased (e.g., cash register). For more information and to download a copy of the sign, please see Signage Requirement – Warning Sign for Consumption of Liquor During Pregnancy.

Remaining an eligible business

Even after you start selling liquor in your convenience store, you must continue operating as a convenience store, meeting all the regulatory requirements, including offering a range of food products for sale. The food products offered for retail sale must take up at least half of your retail floor space. This excludes prepared foods that can be eaten on site and liquor that is sold for retail.

AGCO INSPECTIONS

All locations are inspected by AGCO inspectors for compliance with the LLCA, the regulations and the standards and requirements established by the Registrar. You must provide AGCO inspectors unobstructed access to your business and you must facilitate their inspections. AGCO inspectors may conduct inspections on the following:

1. Selling or supplying liquor to individuals who are, or appear to be, under the age of 19;
2. Selling liquor to anyone who is, or appears to be, intoxicated;
3. Selling or supplying liquor (beer, wine (including cider) or ready-to-drink beverages) outside of permissible hours;
4. Selling or supplying liquor (beer, wine (including cider) or ready-to-drink beverages) not purchased from the LCBO (considered illegal liquor); and
5. Inspections to determine compliance with all other regulatory requirements relevant to the operation of a grocery store licence.

A violation of the LLCA, its regulations, or the standards and requirements established by the Registrar may result in a warning, an order of monetary penalty, suspension or revocation of your licence. In addition, local police may lay charges.

ORDERS OF MONETARY PENALTY/HEARINGS

A violation of the LLCA, its regulations, or the standards and requirements established by the Registrar may result in the issuance of an Order of Monetary Penalty (OMP). Monetary penalties are part of the AGCO’s compliance tool kit, and act as a bridge between a warning and suspension or revocation of a licence, permit, authorization, or registration. Monetary penalties provide the AGCO with an additional compliance tool for working with its regulated entities before a suspension or revocation may be necessary.

In other words, monetary penalties are designed to promote compliance so that the suspension or revocation of a licence may not become a necessary measure. In the case of a repeated or severe infraction, a monetary penalty may not be imposed even if it is available; instead, the Registrar may propose an immediate suspension or revocation of the licence, where appropriate.

If you are issued an OMP by the Registrar, you will have 15 days to request an appeal before the Licence Appeal Tribunal (LAT). If you choose not to request an appeal before LAT, you are required to pay the amount specified in the OMP.

If you choose to request an appeal before LAT, LAT will inform you of the appeal date and location. After holding a hearing, LAT may either confirm the monetary penalty or set it aside (LAT cannot vary the amount of the penalty).

For additional information on monetary penalties, please see the Schedule of Monetary Penalties: Liquor Licence and Control Act and its Regulations

Tips on Meeting Regulatory Requirements  

The following outlines some information and tips that convenience store licensees may want to consider to help them meet regulatory requirements.

1. Minors: What to Look For
     
   The legal drinking age in the province of Ontario is 19 years of age. Selling beer, wine (including cider) or ready-to-drink beverages to people who are under 19 years of age is a contravention of the LLCA.
    
   If a customer appears to be under the age of 19, licensees must ask them for valid ID before selling the customer beer, wine (including cider) or ready-to-drink beverages. If you or your employee doubt the legitimacy of an individual’s ID, you may consider requesting a second piece of ID.
    
2. Intoxicated Customers: What to Look For
     
   As a licensed convenience store licensee, you cannot sell beer, wine (including cider) or ready-to-drink beverages to a person who is or appears to be intoxicated. A customer exhibiting signs of intoxication must be refused the sale of beer, wine (including cider) and/or ready-to-drink beverages.
    
3. Second Party Purchasers: What to Look For
    
   A “second party purchaser” is someone who purchases beer, wine (including cider) or ready-to-drink beverages on behalf of someone else, who may not be legally permitted to purchase it themselves (e.g. a minor or a person who is intoxicated). You and your staff should be aware of the indicators that a customer is a second party purchaser. For example, if a customer purchasing beer was previously observed speaking to or was accompanied into the convenience store by a minor or intoxicated person, he or she may be purchasing beer for that person.

The convenience store licensee shall ensure that any person involved in the sale, delivery, taking orders for the sale, of liquor holds a valid certificate demonstrating the successful completion of a training course approved by the AGCO Board.

The only training program currently approved by the AGCO Board is Smart Serve, which is available on the Smart Serve^® website. For more information about the Smart Serve® Training Program, please contact Smart Serve^® Ontario.

For more information, or assistance with your application, please contact AGCO Customer Service at 416-326-8700 or 1-800-522-2876 (toll-free in Ontario).