Other businesses which took advantage of the new law allowing takeout alcohol sales agree all the rules around the change are confusing. In December 2020, the Ontario government amended provincial liquor regulations to allow restaurants, bars and other licensed establishments to sell alcohol with the takeout and delivery of food orders. 'It's something we call, in academia, street-level bureaucracy.' 'It gives the government the sort of flexibility to apply the rule or not,' Malleck said. The grey area within the law is intentional, according to Dan Malleck, a professor in the department of health sciences at Brock University who's also a medical historian specializing in drug and alcohol regulation. 'The problem is it's entirely subjective, up to the liquor inspector,' Zacconi added. 'The AGCO, they haven't been able to tell us what we did wrong,' Nicastro said, adding that similar businesses such as Eataly in Toronto are doing the same thing.

They argue their businesses can't be called a grocery store by the province if the AGCO defines a grocery store as more than 10,000 square feet. Nicastro says his store is 6,000 square feet and Zacconi says his store is 8,000 square feet, with food only taking up about 2,500 square feet. Produce, dairy and food must also take up at least 10,000 square feet of retail floor space.īoth Zacconi and Nicastro say their businesses do not fit that definition of a grocery store that sells wine and beer because their markets are not big enough. In Ontario some grocery stores are allowed to sell wine and beer on their shelves - if they are licensed by the province and offer a variety of food products. Pat Nicastro, owner of La Bottega in the ByWard Market, said his business is being unfairly targeted by the Alcohol and Gaming Commission of Ontario. Most restaurants with liquor sale licences can sell takeout wine and beer with food, but regulations under the Liquor Licence and Control Act prohibit restaurants in certain spaces - including convenience stores, department stores, big box stores and grocery stores - to do so. This is something we worked on for years and we did for years and the public loved it,' Nicastro said. It includes an Italian coffee bar, signature sandwiches and specialty food products. La Bottega is described by Nicastro as 'an Italian market' with a full-service restaurant at the back. Pat Nicastro, owner of La Bottega in the ByWard Market, found himself in a similar situation, specifically because of his restaurant's location within his store. Rules say takeout booze can't be in grocery stores

'It hurt a lot more than I expected it to hurt to be honest, because not only were the alcohol sales … a big part of my sales, but also like it was a reason to bring people into the store,' Zacconi said. In April of this year an inspector from the AGCO fined the business $3,500 and the alcohol was removed from the shelves in August. (Robyn Miller/CBC)Īt the time he applied for the restaurant liquor licence, Zacconi said no one had an issue. He opened Mercato Zacconi in 2021 to take advantage of the new law that allowed licensed restaurants to sell wine and beer to go. Tony Zacconi and his family have operated various businesses in Ottawa's Little Italy for decades. It's located inside a market which also includes a prepared foods to go and some grocery items. Mercato Zacconi includes a full-service restaurant with a wood-burning pizza oven.

Ontario allows alcohol delivery, takeout with food orders in light of COVID-19.Zacconi said he expanded his other banquet hall business in 2021 to include a licensed market and restaurant that sells wine and beer after the Ontario government made it possible for restaurants to sell takeout alcohol alongside food to help them weather COVID-19 lockdowns. 'We have some groceries that we're selling here as part of a bigger business and they just didn't see it my way,' Zacconi added, referring to the Alcohol and Gaming Commission of Ontario (AGCO). 'It doesn't make sense at all, if I can consume it in here and you acknowledge that there's a restaurant in here then I should be able to take it out the door,' said Tony Zacconi, who owns Italian market, bistro and social house Mercato Zacconi in Ottawa's Little Italy. Two restaurant owners in Ottawa are fighting for the right to sell takeout alcohol again after being told they weren't allowed because their restaurants are located inside grocery stores, even though they say they are not grocery stores.

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