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Alcohol Justice

Guidance on how the temporary suspension of enforcement of specific legal prohibitions affect specific license types.

Original text available from the California Department of Alcoholic Beverage Control.

The California Department of Alcoholic Beverage Control has suspended enforcement of specific legal prohibitions to assist California’s alcoholic beverage industry during the COVID-19 pandemic. ABC released a Notice of Regulatory Relief on March 19, 2020 to help licensees with economic challenges brought on by the spread of the virus. Some of these changes under the notice affect various license types and will end when the current crisis is over. In addition, alcohol may still only be sold and delivered to persons who are 21 years of age or older

TYPE 01 – BEER MANUFACTURERS

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then manufacturer sealed beer produced by other breweries may be sold without a meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises, then manufacturer sealed wine may be sold without a meal)

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then beer produced by other breweries may be sold only in conjunction with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 02 – Winegrowers

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: No (unless the licensee operates a restaurant on the licensed premises then manufacturer sealed beer may be sold without a meal)

Wine: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then manufacturer sealed wine produced by other wineries may be sold without a meal)

Distilled Spirits: No (unless it is brandy and the licensee operates a restaurant on the licensed premises)

Refill Containers (e.g., Growlers)

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then wine produced by other wineries may be sold only in conjunction with a bona fide meal)

Distilled Spirits: No (unless it is brandy and the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No (unless it is brandy and the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 04 – Distilled Spirits Manufacturers

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: No (unless the licensee operates a restaurant on the licensed premises then manufacturer sealed beer may be sold without a meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises, then manufacturer sealed wine may be sold without a meal)

Distilled Spirits: No (unless the licensee operates a restaurant on the licensed premises; and no more than 2.25 liters total of all distilled spirits per consumer per day)

Refill Containers (e.g., Growlers)

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal; and no more than 2.25 liters total of all distilled spirits per consumer per day)

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal and no more than 2.25 liters total of all distilled spirits per consumer per day)

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 23 – Small Beer Manufacturers

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises, then manufacturer sealed beer produced by other breweries may be sold without a meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises, then manufacturer sealed wine may be sold without a meal)

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then beer produced by other breweries may be sold only in conjunction with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 40 – On-Sale Beer

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: No

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: Yes (only when sold with a meal)***

Wine: No

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes***

Wine: No

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.
*** Although these license types are generally prohibited from serving meals as in a bona fide eating place, the Department has been advised that some do have kitchen facilities and do serve meals. As such, the Department is allowing them to operate in the same manner as bona fide restaurants at this time.

TYPE 41 – On-Sale Beer & Wine – Eating Place

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: Yes

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: Yes (only when sold with a meal)

Wine: Yes (only when sold with a meal)

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes

Wine: Yes

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.
TYPE 42 – On-Sale Beer & Wine – Public Premises
Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: Yes

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: Yes (only when sold with a meal)***

Wine: Yes (only when sold with a meal)***

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes***

Wine: Yes***

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.
*** Although these license types are generally prohibited from serving meals as in a bona fide eating place, the Department has been advised that some do have kitchen facilities and do serve meals. As such, the Department is allowing them to operate in the same manner as bona fide restaurants at this time.

TYPE 47 – On-Sale General – Eating Place

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: Yes

Distilled Spirits: Yes

Refill Containers (e.g., Growlers)

Beer: Yes (only when sold with a meal)

Wine: Yes (only when sold with a meal)

Distilled Spirits: Yes (only when sold with a meal)

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes

Wine: Yes

Distilled Spirits: Yes

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 48 – On-Sale General – Public Premises

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: Yes

Distilled Spirits: Yes

Refill Containers (e.g., Growlers)

Beer: Yes (only when sold with a meal)***

Wine: Yes (only when sold with a meal)***

Distilled Spirits: Yes (only when sold with a meal)***

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes***

Wine: Yes***

Distilled Spirits: Yes***

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.
*** Although these license types are generally prohibited from serving meals as in a bona fide eating place, the Department has been advised that some do have kitchen facilities and do serve meals. As such, the Department is allowing them to operate in the same manner as bona fide restaurants at this time.

TYPE 50, 51, and 52 – Club License

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: No

Wine: No

Distilled Spirits: No

Refill Containers (e.g., Growlers)

Beer: No

Wine: No

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No

Wine: No

Distilled Spirits: No

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 74 – Craft Distillers

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: No (unless the licensee operates a restaurant on the licensed premises, then manufacturer sealed beer may be sold without a meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises, then manufacturer sealed wine may be sold without a meal)

Distilled Spirits: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises then distilled spirits produced by other distilleries may be sold; and no more than 2.25 liters total of all distilled spirits per consumer per day; no meal required)

Refill Containers (e.g., Growlers)

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: Yes (made on premises only; if the licensee operates a restaurant on the licensed premises the distilled spirits produced by other distilleries may be sold only in conjunction with a bona fide meal; and no more than 2.25 liters total of all distilled spirits per consumer per day)

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Wine: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal)

Distilled Spirits: No (unless the licensee operates a restaurant on the licensed premises and it is served with a bona fide meal and no more than 2.25 liters total of all distilled spirits per consumer per day)

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

TYPE 75 – Brewpub-Restaurant

Manufacturers Sealed Alcohol To-Go, Delivery, or Ship

Beer: Yes

Wine: Yes

Distilled Spirits: Yes

Refill Containers (e.g., Growlers)

Beer: Yes (made on premises only)

Wine: No

Distilled Spirits: No

Alcohol To-Go in Sealed Containers* with Meals** Prepared on the Premises

Beer: Yes

Wine: Yes

Distilled Spirits: Yes

*Sealed container means with a lid limiting the consumer from drinking by sip or straw from the container without removing the lid.
** Meals must be prepared on the premises and must be bona fide meals, not merely snacks.

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