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SMART SERVE ONTARIO TEST REVIEW 2024-2025 QUESTIONS AND ANSWERS, Exams of Law

The government of Canada issues licenses for the sale and service of alcohol in Ontario- T or F False- The Alcohol and Gaming Commission of Ontario (AGCO), which is an arm's length agency of the Ontario Government, issues licences for the sale and service of alcohol in Ontario. The AGCO can also suspend or revoke a licence. what is the minimum age for someone to serve or sell alcohol? 18 You could be held civilly and/or criminally liable if you serve too much alcohol to a customer- T or F True. The Liquor Licence Act (LLA) is legislation that outlines the laws and regulations

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2023/2024

Available from 08/16/2024

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SMART SERVE ONTARIO
TEST REVIEW 2024-2025
QUESTIONS AND ANSWERS
The government of Canada issues licenses for the sale and service of alcohol in
Ontario- T or F
False- The Alcohol and Gaming Commission of Ontario (AGCO), which is an arm's
length agency of the Ontario Government, issues licences for the sale and service of
alcohol in Ontario. The AGCO can also suspend or revoke a licence.
what is the minimum age for someone to serve or sell alcohol?
18
You could be held civilly and/or criminally liable if you serve too much alcohol to
a customer- T or F
True. The Liquor Licence Act (LLA) is legislation that outlines the laws and regulations
affecting the sale and service of alcohol in Ontario. This includes ensuring that you
never serve a customer to the point of intoxication. Not complying with the laws and
regulations, could result in you being held civilly and/or criminally liable.
After an intoxicated customer has left your establishment, you are no longer
liable for him or her- T or F
False. Your liability does not end when the customer leaves. If you have served a
customer to the point of intoxication, you are liable for them until they are sober again.
Drinking coffee will help a person who is intoxicated sober up faster - T or F
False. Drinking coffee, water or eating food will not help someone sober up faster. Once
alcohol has been absorbed by the body and moves into the bloodstream, only time will
help.
An 8 ounce of beer is equal to an 8 ounce of wine- T or F
False. There are big differences in the alcohol content found in beer, wine, and spirits.
You can refuse the sale of alcohol to any customer even if they produce a valid
I.D. - T or F
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SMART SERVE ONTARIO

TEST REVIEW 2024- 2025

QUESTIONS AND ANSWERS

The government of Canada issues licenses for the sale and service of alcohol in Ontario- T or F False- The Alcohol and Gaming Commission of Ontario (AGCO), which is an arm's length agency of the Ontario Government, issues licences for the sale and service of alcohol in Ontario. The AGCO can also suspend or revoke a licence. what is the minimum age for someone to serve or sell alcohol? 18 You could be held civilly and/or criminally liable if you serve too much alcohol to a customer- T or F True. The Liquor Licence Act (LLA) is legislation that outlines the laws and regulations affecting the sale and service of alcohol in Ontario. This includes ensuring that you never serve a customer to the point of intoxication. Not complying with the laws and regulations, could result in you being held civilly and/or criminally liable. After an intoxicated customer has left your establishment, you are no longer liable for him or her- T or F False. Your liability does not end when the customer leaves. If you have served a customer to the point of intoxication, you are liable for them until they are sober again. Drinking coffee will help a person who is intoxicated sober up faster - T or F False. Drinking coffee, water or eating food will not help someone sober up faster. Once alcohol has been absorbed by the body and moves into the bloodstream, only time will help. An 8 ounce of beer is equal to an 8 ounce of wine- T or F False. There are big differences in the alcohol content found in beer, wine, and spirits. You can refuse the sale of alcohol to any customer even if they produce a valid I.D. - T or F

True. It is your legal obligation to refuse the sale of alcohol to anyone if you have reason to believe he/she is intoxicated and/or you suspect they may be purchasing alcohol for an underage person. A customer can show identification without a photo to prove they are age 19 or older- T or F False. A valid I.D. is one that is issued by the government and must include a person's photograph and date of birth. If an intoxicated customer arrives at your establishment, you should not let them in. - T or F True. You cannot allow an intoxicated customer to enter or remain on the premises of a licensed establishment. On average, the body can metabolize approximately 2 standard drinks in one hour.- T or F False. On average, the body can metabolize approximately 1 standard drink per hour. When does alcohol begin to move through the stomach, intestines, and into the bloodstream? Even as the first drink is being consumed Since alcohol is a ___________ it ________ down the central nervous system and impacts how a person thinks, acts, and moves. depressant, slows What is BAC? BAC is the amount of alcohol measured in milligrams, found in 100 millilitres of blood. For example, a person with 50 mg of alcohol per 100mL of blood has a BAC of 0.05 ( mg divided by 100 mL). How does the body sober up? Approximately 90% of the alcohol content will be slowly eliminated from the bloodstream. How does the body do this? It has an efficient system that uses chemicals in the liver to break down (metabolize) the alcohol so that it can be eliminated from the body at an average rate of one drink per hour. The remaining 10% will be eliminated through a person's breath, sweat, and urine. what are the main two factors that affect BAC levels?

TA greater tolerance for alcohol can lower a person's BAC. T or F False. While people who drink on a regular basis are used to the effects of alcohol, a greater tolerance to alcohol does NOT lower a person's BAC. LLA Liquor license act. The LLA is legislation that outlines the laws and regulations affecting the sale and service of alcohol in Ontario. Issued by the AGCO AGCO The Alcohol and Gaming Commission of Ontario (AGCO) is the government agency responsible for regulating and ensuring compliance with the rules and regulations outlined in the LLA. The AGCO may issue monetary penalties, suspend or revoke a licence for non-compliance. SOPs Special Occasion Permits (SOPs) are required for the service of alcohol at an event in any location other than a licensed establishment (bar or restaurant) or private place (boardroom in a private office), or residence. However, if alcohol is being offered for sale at a private place, an SOP is required -- this excludes private residences (your home) where alcohol cannot be sold. Endorsements Endorsements are additions to a liquor sales licence. Any establishment that has a Liquor Sales Licence can also apply for a licence endorsement. An endorsement is only used for specific circumstances (for example, a golf course that wants to sell and serve alcohol on the playing area of the golf course). Permissible hours for the sale and service of alcohol in a licensed establishment are: Mon-Sun 9am-2am (3am on NYE) when should all alcohol and containers be disposed of? 45 minutes after serving stops (2:45am) Sandy's law Every establishment serving or selling alcohol must display a sign warning women that drinking alcohol during pregnancy can cause Fetal Alcohol Spectrum Disorder (FASD). what should be posted to be visible in establishment?

Sandy's Law and Liquor sales license Brew Pub endorsement Allows the licensee to sell and serve beer manufactured on the premises for consumption on the same premises. Customers cannot take any beer produced under the Brew Pub endorsement out of the establishment. Wine Pub Endorsement Allows the licensee to sell and serve wine manufactured on the premises for consumption on the same premises. Customers cannot take any wine produced under the Wine Pub endorsement out of the establishment (not even under "Take Home the Rest"). Caterer's Endorsement Allows the caterer (licensee) to sell and serve alcohol off the licensed premises. The catered event must be sponsored by someone other than the licence holder and light meals must be available. The licensee's employees are the only ones allowed to sell or serve alcohol. Any unserved alcohol must be returned back to the caterer's licensed premises. Room Service Endorsement Allows the licensee to sell and serve alcohol to registered guests in a room that is rented for overnight accommodation. Mini-Bar Endorsement Allows the licensee to sell alcohol from a mini-bar in a room that is rented for overnight accommodation. The mini-bar must also include non-alcoholic beverages. Golf Course Endorsement Allows the licensee to sell and serve alcohol for consumption on the playing area of a golf course. Alcohol may be sold and served from a mobile vending cart. Customers are not permitted to have alcohol outside of licensed areas. Areas that are not licensed include: parking lots, public walkways, or roadways. While customers can have open alcohol in a golf cart, they cannot hold or drink alcohol while driving the cart. Bring your own wine (BYOW) endorsement Allows customers to bring bottles of commercially made wine into a licensed establishment for consumption on the premises. The bottle must be sealed and

Depressant How is alcohol content measured? By the percentage of alcohol found in a specific volume of liquid Blood Alcohol Concentration (BAC) Amount of alcohol in the bloodstream Blood Alcohol Concentration (BAC) formula Amount of alcohol (mg)/100 mL of blood __% of alcohol content is slowly eliminated through the bloodstream. 90 __% of alcohol content is eliminated through a person's breath, sweat, and urine. 10 What rate can alcohol be eliminated? One drink per hour What factors affect BAC levels?

  1. Number of drinks
  2. How quickly they are consumed Alcohol serving size 0.6 oz (17 mL) Alcohol content for beer 4.5%, 5%, or 9% Alcohol content for wine 6 to over 15% Alcohol content for spirits 15 to over 40% Standard Drink for beer 12 oz (341 mL) with 5% alcohol Standard Drink for wine 5 oz (142 mL) with 12% alcohol Standard Drink for spirits 2.5 oz (43 mL) with 40% alcohol oz per Standard Drink formula

60/Alcohol Percentage = Amount (in oz) Standard Drink formula Total oz/oz per Standard Drink = Total number of Standard Drinks Alcohol is a ____ and _____ the central nervous system depressant, slows The amount of alcohol in the bloodstream is called BAC Blood Alcohol Concentration (measured in milligrams found in a 100 ml of blood) Approximately _____ of the alcohol content will be slowly eliminated from the bloodstream (using the liver to metabolize). The remaining ___ will be eliminated through a person's breath, sweat, and urine. 90% and 10% two main factors that affect BAC levels. The number of drinks and how quickly they are consumed 4.5%, 5%, or even 9% alcohol content Beer 6% to over 15% alcohol Wine 15% to over 40% alcohol. Spirits One Standard Drink of BEER 12 ounces (341 mL) of beer (including cider) with 5% alcohol. One Standard Drink of WINE 5 ounces (142 mL) of wine with 12% alcohol One Standard Drink of SPIRITS 1.5 ounces (43 mL) of spirits with 40% alcohol formula to calculate what a Standard Drink will be for any percentage of alcohol 60 ÷ alcohol percentage = amount (in ounces) Shots and shooters should not be served in... round-bottomed vials or test tubes. They should be served in a self-supporting, flat- bottomed container. The customer must be able to put the drink down so they are not forced to drink the entire serving at once.

The LLA is legislation that outlines the laws and regulations affecting the sale and service of alcohol in Ontario. The Alcohol and Gaming Commission of Ontario (AGCO) is the government agency responsible for regulating and ensuring compliance with the rules and regulations outlined in the LLA. The AGCO may issue monetary penalties, suspend or revoke a licence for non-compliance. A Liquor Sales Licence is required by any business wishing to sell or serve alcohol on its premises. Liquor Sales Licences are issued by the AGCO. Special Occasion Permits (SOPs) are required for the service of alcohol at an event in any location other than a licensed establishment (bar or restaurant) or private place (boardroom in a private office), or residence. However, if alcohol is being offered for sale at a private place, an SOP is required -- this excludes private residences (your home) where alcohol cannot be sold Endorsements are additions to a liquor sales licence. Any establishment that has a Liquor Sales Licence can also apply for a licence endorsement. An endorsement is only used for specific circumstances (for example, a golf course that wants to sell and serve alcohol on the playing area of the golf course). Permissible hours for the sale and service of alcohol in a licensed establishment are: Monday to Sunday:9:00 a.m. to 2:00 a.m. New Year's Eve (December 31st):9:00 a.m. to 3:00 a.m Service Rules

  • A licensed establishment must not require customers to purchase a minimum number of drinks in order to gain entry to, or remain on the premises.
  • Orders for alcohol must be served before the stop-service time. For example, in a licensed establishment, you cannot serve drinks after 2:00 a.m. even if you took the order at 1:55 a.m. (except on New Year's Eve).
  • All alcohol and its containers (including empty glasses and bottles) must be cleared

away within 45 minutes of the stop-service time on the licence. For example, by 2: a.m. for most establishments where the stop-service time is 2:00 a.m Alcohol Service

  • Only sell and serve alcohol purchased on licence from the LCBO, The Beer Store and/or manufacturer's retail stores.
  • Do not substitute one type of alcohol for another without the customer's consent.
  • Do not water down or alter a drink without the customer's permission.
  • Serve drinks in a self-supporting, flat-bottomed container. Drinks that cannot be put down encourage faster alcohol consumption.
  • Offer a variety of alcohol-free beverages and light meals. Licensed Area
  • Licensees can choose to have their liquor sales licence apply to the whole premises (also called ancillary areas).
  • This means customers of that licensed establishment can move around and keep their alcoholic beverages with them in all approved areas. This may include washrooms, hallways, and stairwells. Maximum Capacity
  • Every establishment has a maximum capacity that is shown on their Liquor Sales Licence.
  • Maximum capacity is the total number of customers and employees allowed in the establishment at one time. -Each separate area within an establishment may have its own maximum capacity.
  • Even when maximum capacity has been reached, on-duty AGCO compliance officials, law enforcement officers, firefighters, and government inspectors (e.g., building code inspectors, health inspectors), must be allowed entry. Sandy's Law Every establishment serving or selling alcohol must display a sign warning women that drinking alcohol during pregnancy can cause Fetal Alcohol Spectrum Disorder (FASD). Under the LLA it is a regulatory violation to sell or supply alcohol to anyone unless the sign is prominently displayed. Take Home the Rest (THTR)

an outdoor event that is held in connection with, and in proximity to, one of the following types of live sporting events: Professional Semi-professional Post-secondary held at an outdoor space, at ground level (e.g. parking lot). be in proximity to where the live sporting event is taking place. Grocery Stores: Authorized grocery stores can sell beer, cider, and wine. Manufacturer's On and Off-Site: Eligible products (wine, beer, or cider) can be sold at manufacturers' on- and off-site stores. Retail Store Information Guides can be found on the AGCO's website Farmers' Markets Manufacturers can sell their 100% Ontario wine or cider made from 100% Ontario apples at Farmers' Markets. Spirits may also be sold at a farmers' market if at least 50% of the volume in the container is made, from start to finish, at a production site in Ontario.

  • Eligible wine and eligible spirits may be offered for sale during the hours of operation of the Farmers' Market, although farmers' markets may choose to further limit these hours Permissible hours for the retail sale of alcohol (Grocery Stores and Manufacturer's Off-Site Retail Stores) Monday to Sunday: 9:00 a.m. to 11:00 p.m. Exchanging or Returning Alcohol Grocery stores must not allow exchanges for other alcohol products outside of the legal hours of sale. However, they may process refunds at any time Displays in Grocery Stores An authorized store must: Display beer and cider together, but wine can be in a separate location.

Ensure that a proportion of the containers of beer, wine, or cider on display are produced by small breweries, cideries, and wineries. Ensure that any alcohol not on display to customers is stored in a secure area, inaccessible to the public. Restricting Access During No-Sale Times Authorized stores must ensure that alcohol is not available to customers outside of the permissible hours of sale. Some tips to accomplish this include: Locking refrigerators in which alcohol is located. Creating a partition around alcohol display aisles. Locking the point-of-sale system to prohibit the sale of alcohol. Ensuring all employees understand the store policies regarding the sale of alcohol. Self-Checkout Stations An authorized store that allows customers to use a self-checkout station to purchase alcohol must: Ensure that all staff members monitoring the self-checkout station are at least 18 years of age and Smart Serve certified. Ensure that all staff members are able to effectively determine the customer's age and assess the customer's level of intoxication. Ensure that all staff members know the store policy when refusing to sell alcohol to a customer (for example, intoxicated, underage or second-party purchasers) Sampling Authorized stores may offer sampling to its customers. Staff members must be at least 18 years of age and Smart Serve certified. It is the responsibility of the store operator to ensure the proper conditions for in-store alcohol sampling are met. Licensed Liquor Delivery Services Requires a liquor delivery licence from the Alcohol and Gaming Commission of Ontario (AGCO). All liquor must be purchased or obtained from: The LCBO (Liquor Control Board of Ontario), An LCBO Agency Store (also known as LCBO Convenience Outlets), The Beer Store,

while details are still fresh in everyone's mind as it may be used as evidence if the situation becomes a legal matter. When to write an incident report Minor presents false I.D. Intoxicated customer is refused service Customer becomes violent or a fight breaks out Customer is asked by staff to leave Transportation is arranged for an intoxicated customer AGCO compliance official visits your establishment Customer has an accident or becomes ill Police are called Information to Record in an Incident Report The who, what, where, when and why. Location, date, and time of the incident Servers and Managers on duty Name of the guest, type of clothing, general attitude Condition of the guest (i.e, note signs of intoxication) Details about other guests in the party Witnesses (with names, addresses and phone numbers if possible) The bill (keep a copy of the guest's bill or sales slip) Steps taken to arrange transportation Information on whether the guest was driving (licence plate number, vehicle description, direction they drove) Details of any police involvement Any other important details Entry cannot be denied to on-duty: AGCO compliance officials Police Officers Firefighters Government Inspectors (i.e., building code inspectors, health inspectors) A licensee has the obligation to deny entry for the following reasons.

  • The person is intoxicated: Deny entry to anyone who is exhibiting signs of intoxication.
  • The person is underage: The LLA does not specifically prevent underage customers from entering a licensed establishment. The terms and conditions of a licence could prohibit minors, as could a licensee's house policies.
  • The person is disruptive: The LLA states that "The licence holder shall not permit drunkenness, unlawful gambling, or riotous, quarrelsome, violent or disorderly conduct to occur on the premises... under the exclusive control of the licence holder."
  • The person was asked to leave or was removed earlier in the day: A person who has been asked to leave or was removed, but returns the same day, must be denied entry
  • The person has been barred from the establishment: A person who has been barred from the establishment must be denied entry
  • The establishment is at maximum capacity: Every licensed establishment has a maximum capacity that it must not exceed. It is the responsibility of the licensee to ensure that the total number of customers and employees does not exceed the establishment's licensed maximum capacity. Your Obligation to Remove a Customer Customers who become violent, aggressive or out of control are not allowed on the premises. Under the LLA, you have the obligation to remove an individual from the licensed establishment if you reasonably believe that the person falls into one of two categories:

not permitted by law to be on the premises and on the premises for an unlawful reason or breaking the law while on the premises. Persons not permitted by law to be on the premises

  • intoxicated individuals
  • previously barred -previously asked to leave, but returns the same day
  • under 19 years of age when a condition of the licence - states no entry to minors
  • not permitted to be in the establishment at any time - - according to a condition on the licence

THC (Tetrahydrocannabinol) creates the intoxicating effects of cannabis CBD (Cannabidiol) is a non-intoxicating compound, meaning it does not create symptoms of intoxication House Policies House policies can be developed by the establishment to help staff understand what is expected of them in their job. A house policy is a document that states an establishment's commitment to safe and responsible alcohol sales and service and outlines processes and procedures for staff to follow. Examples of Acceptable I.D. Ontario drivers license Canadian citizen card Canadian armed forces identification Bring your identification (BYID card) Secure Indian status card Permanent resident card Photo card issued under the photo card act 2008 Canadian passport Is the Ontario Health Card an acceptable form of I.D.? If the Ontario Health Card is offered voluntarily, it can be accepted at your discretion. By law, no one can be required to produce their Ontario Health Card. It is illegal to collect or record information from the Ontario Health Card. Tips for Slowing Down Service

  • Count the number of drinks you serve
  • Serve one drink at a time
  • Slow the rate of service -Manage the Buying of rounds
  • Offer water -Offer food
  • Offer alcohol-free beverages
  • Communicate Tips for Stopping Service
  • Alert a backup person
  • Seek privacy
  • Watch your body language
  • Avoid being judgemental
  • Show concern and empathy
  • Be firm
  • Communicate your decision
  • Stay on guard: Tips for Handling Dangerous Situations
  • Talk to your manager
  • Spot signs of trouble
  • Spot signs of harassment
  • Avoid physical contact
  • Call police What is sexual violence? Sexual violence is any unwanted verbal or physical sexual acts, and attempt to obtain sexual acts by violence, force or fear.

for example:

  • Sexual assault (rape, attempted rape, and forced sexual touching) -Drug facilitated sexual assault (intoxication due to the consumption of a mind-altering substance, including alcohol, cannabis, and other substances) -Sexual harassment What is drug facilitated sexual assault? Drug facilitated sexual assault is a form of sexual violence. It is any unwanted sexual act carried out on an individual after they have become intoxicated due to the consumption of a mind-altering substance. This can include the consumption of alcohol,