O. Reg. 196/07: Licences to Sell Liquor

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ontario regulation 196/07

made under the

liquor licence act

Made: May 2, 2007
Filed: May 7, 2007
Published on e-Laws: May 8, 2007
Printed in The Ontario Gazette: May 26, 2007

Amending Reg. 719 of R.R.O. 1990

(Licences to Sell Liquor)

1. The heading immediately after section 1.1 of Regulation 719 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted: 

Licences Tied to Manufacturers

2. The Regulation is amended by adding the following section:

2. (1) In this section,

“manufacturing site” means property that is used by a manufacturer primarily for the distillation and production of spirits, the fermentation and production of beer or the alcoholic fermentation and production of Ontario wine and includes a vineyard owned by the manufacturer if a significant amount of the grapes is used in the production of the wine.

(2) Despite subsection 6 (4) of the Act, a person may obtain a licence to sell liquor of a manufacturer on premises located on a manufacturing site of the manufacturer. 

(3) No more than one licence shall be issued under this section for all manufacturing sites of any one manufacturer.

(4) Despite subsection (3), if a manufacturer produces more than 10 million litres of wine in the preceding fiscal year, a person may obtain a second licence under this section for premises located on a second manufacturing site of the manufacturer. 

(5) Despite subsection 12 (1), the maximum capacity of premises to which the licence applies shall not exceed 500 persons for indoor premises and 1,000 persons for outdoor premises.

(6) The holder of a licence to sell liquor at a manufacturing site of a manufacturer may apply for a caterer’s endorsement only for events on the manufacturing site that are attended,

(a) by no more than 500 persons, if the premises at which the event is held are indoor premises;

(b) by no more than 1,000 persons, if the premises at which the event is held are outdoor premises.

(7) Sections 21 and 32 do not apply to the licence holder.

3. Section 2.1 of the Regulation is revoked and the following substituted:

2.1 (1) In this section,

“manufacturing site” has the same meaning as in subsection 2 (1).

(2) Despite subsection 6 (4) of the Act, the holder of a manufacturer’s licence to sell beer or Ontario wine to the Liquor Control Board of Ontario may obtain a licence to sell liquor that permits the sale of beer or Ontario wine manufactured by that manufacturer in accordance with this section.

(3) A licence may be issued under subsection (2) if,

(a) the licence applies only to areas under the sole control of the manufacturer that are located on or immediately adjacent to a manufacturing site of the manufacturer;

(b) the sale is primarily aimed at promoting the manufacturer’s product and either providing an enhanced tourist experience or fulfilling an educational purpose; and

(c) the council of the municipality, if any, has passed a resolution in support of the issuance of the licence.

(4) The following are conditions of a licence issued under this section that the licence holder must comply with: 

1. The liquor is served only in quantities equal to or less than,

i. 341 ml (12 oz.) in the case of beer, and

ii. 142 ml (5 oz.) in the case of wine.

2. The liquor is sold and served no earlier than 11 a.m. and no later than 6 p.m. on any day.

(5) A licence issued under this section shall not have attached to it any endorsement referred to in subsection 8 (2).

(6) Section 13 does not apply to the premises to which the licence applies and sections 21, 23, 32, 35 and 36 do not apply to the licence holder.  

4. The Regulation is amended by adding the following heading immediately before section 3:

Applications for and Issuances and Renewals of Licences

5. Subsection 99 (7) of the Regulation is revoked and the following substituted:

(7) The Registrar of Alcohol and Gaming is exempt from subsection 7 (1) of the Act with respect to an application by a manufacturer licensed to sell beer or Ontario wine under section 2.1.

6. This Regulation comes into force on the day it is filed.

 

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