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O. Reg. 339/24: LICENSING
filed August 30, 2024 under Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22
Skip to contentontario regulation 339/24
made under the
Liquor Licence and Control Act, 2019
Made: August 29, 2024
Filed: August 30, 2024
Published on e-Laws: August 30, 2024
Published in The Ontario Gazette: September 14, 2024
Amending O. Reg. 746/21
(LICENSING)
1. (1) Paragraph 3 of subsection 35 (3) of Ontario Regulation 746/21 is amended by adding “Except in the case of the transfer of wine or spirits” at the beginning.
(2) Subsection 35 (3.1) of the Regulation is revoked.
2. (1) Clause 86 (1) (a) of the Regulation is amended by striking out “2032” and substituting “2037”.
(2) Clause 86 (1) (b) of the Regulation is amended by striking out “2031” and substituting “2036”.
(3) Subsection 86 (2) of the Regulation is amended by striking out “2031” in the portion before clause (a) and substituting “2036”.
(4) Subsection 86 (3) of the Regulation is amended by striking out “2031” in the portion before clause (a) and substituting “2036”.
(5) Subsection 86 (4) of the Regulation is amended by striking out “2031” and substituting “2036”.
3. Subsections 88 (1) to (4) of the Regulation are revoked and the following substituted:
Conduct of sales in grocery and convenience store
(1) The licensee shall ensure that all aspects of the in person sale of liquor are conducted within the retail floor space of the grocery store or convenience store.
(2) A licensee that permits customers to order liquor other than in person at the grocery store or convenience store must ensure that,
(a) if the licensee permits customers to order liquor through a website or application,
(i) liquor is only made available for order online in a dedicated section of the website or application and no other products are made available for order in that section of the website or application, and
(ii) any advertisements for liquor on the website or application are only contained in the dedicated section of the website or application described in subclause (i) and no other products are advertised in that section of the website or application; and
(b) any liquor ordered is supplied from the licensee’s inventory that is stored at the grocery store or convenience store.
(3) If liquor is ordered other than in person at the grocery store or convenience store and is to be picked up from the grocery store or convenience store by a customer, the licensee must ensure that,
(a) the liquor is picked up at or immediately outside of the grocery store or convenience store by a person who is at least 19 years of age; and
(b) the liquor is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.
(4) For greater certainty, if liquor is ordered other than in person at the grocery store or convenience store and is to be delivered to the customer, the general conditions for the delivery of liquor set out in section 10 (General conditions for the delivery of liquor) apply to the delivery.
4. (1) Subsections 89 (1.1) and (1.2) of the Regulation are revoked.
(2) Subsections 89 (2) and (2.1) of the Regulation are revoked and the following substituted:
(2) The licensee shall ensure that energy drinks and products that promote the immoderate consumption of liquor are not displayed immediately adjacent to liquor.
5. (1) Clause 96 (1) (b) of the Regulation is revoked and the following substituted:
(b) wine, other than cider and ready-to-drink beverages, is not sold at the grocery store except through the wine boutique.
(2) Subsection 96 (2) of the Regulation is revoked and the following substituted:
(2) A licensee that permits customers to order wine other than in person at the grocery store must ensure that,
(a) if the licensee permits customers to order wine through a website or application,
(i) wine sold at the wine boutique is only made available for order online in a dedicated section of the website or application and no other products, including any liquor sold by the grocery store, are made available for order in that section of the website or application, and
(ii) any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in subclause (i) and no other products are advertised in that section of the website or application; and
(b) any wine ordered is supplied from the licensee’s inventory that is stored at the wine boutique.
(2.1) If wine is ordered other than in person at the grocery store and is to be picked up from the grocery store by a customer, the licensee must ensure that,
(a) the wine is picked up at or immediately outside of the grocery store by a person who is at least 19 years of age; and
(b) the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.
6. Subsections 100 (1) and (2) of the Regulation are revoked and the following substituted:
Conduct of sales by wine boutiques
(1) A licensee that permits customers to order wine other than in person at the grocery store at which the wine boutique is located must ensure that,
(a) if the licensee permits customers to order wine through a website or application,
(i) wine sold at the wine boutique is only made available for order online in a dedicated section of the website or application and no other products, including any liquor sold by the grocery store, are made available for order in that section of the website or application, and
(ii) any advertisements for wine on the website or application are only contained in the dedicated section of the website or application described in subclause (i) and no other products are advertised in that section of the website or application; and
(b) any wine ordered is supplied from the licensee’s inventory that is stored at the wine boutique.
(2) If wine is ordered other than in person at the grocery store and is to be picked up from the grocery store by a customer, the licensee must ensure that,
(a) the wine is picked up at or immediately outside of the grocery store by a person who is at least 19 years of age; and
(b) the wine is only made available for pickup between the hours of 7 a.m. and 11 p.m. on any day.
7. Subsection 130 (9) of the Regulation is amended by adding “for a fee” after “deliver liquor”.
Commencement
8. This Regulation comes into force on the day it is filed.