Winery retail store authorization (offsite winery retail store licence)

The AGCO says a winery can sell wine at a retail store that is not part of its production site. Ontario’s Licensing Regulation, O. Reg. 746/21, calls the licence an offsite winery retail store licence. Section 73(1) says it authorizes the licensee to keep for sale, offer for sale or sell wine manufactured by the licensee in a retail store that is not required to be located at the production site, to serve or offer to serve samples of wine eligible to be sold in that store, and to permit individuals to possess or consume those samples in the store.

What the Regulation says about acquiring one

An applicant is not eligible for an offsite winery retail store licence unless it holds a winery licence. The Regulation also provides that no new offsite winery retail store licences may be issued after the day section 75(2) comes into force, so a buyer should ask the AGCO what is available. Section 155 lists a licence to operate a retail store, other than the Brewers Retail Inc. licence, among the licence types the Registrar may transfer to a different person in accordance with that section, subject to its conditions and restrictions. One restriction is that the Registrar shall not transfer an offsite winery retail store licence unless the Registrar also approves the transfer to that person of the associated manufacturer’s licence to sell. The Regulation also lists the offsite winery retail store licence among those that may be transferred to a different location.

What to ask

Ask whether the store’s licence and the winery’s licence to sell are being acquired together, and what the AGCO requires of the buyer. See can I transfer my liquor licence when I sell and manufacturer’s liquor licence.