Unless there is a specific condition added to your license back when you first applied, the Department of Alcoholic Beverage Control of California (ABC) allows licensed retailers to deliver beer and wine off their premise. Here are some main points to consider when making deliveries or curb side pickups:
- As the licensed retailer making the sales of the alcoholic beverage you are ultimately responsible for the delivery of the beverage regardless if those deliveries are made by your own employees, by third-party services on behalf of your establishment, or by anyone else that you assign to deliver the alcohol.
- Business and Professions Code Section 25658 (prohibit sale, furnishing, or giving, or causing the sale, furnishing, or giving, of alcoholic beverages to minors—persons under 21 years of age) and Business and Professions Code Section 25602 (prohibit sale, furnishing, or giving, or causing the sale, furnishing, or giving, of alcoholic beverages to obviously intoxicated persons) still apply when doing alcohol deliveries. Keep in mind that the individual or third-party is the acting representative of a licensee, if any of these statutory prohibitions are violated then the licensee is subject to disciplinary actions and it’s acting representative may be subject to arrest and criminal prosecution.
- If you are a third-party application, ordering platform, or delivery service you are prohibited from “up-charging” any alcoholic beverages sold by a licensee. These services are not authorized to buy and sell alcoholic beverages because they are not licensed by the ABC. However, these services can charge a delivery of service fee that is separate and independent from the sale of alcoholic beverages. This means that the licensee should be the only one in control of the alcoholic sale including receipt of funds directly from the consumer.
- For licensees taking advantage of the ABC’s COVID-19 Regulatory Relief regarding To-Go drinks, make sure your mixed drinks are sold with meals and must be sealed in a container. The container must not have any straw holes or sipping-holes. You must post this notice by your main exits to remind consumers of open container laws.
If you have any questions or concerns regarding privileges or conditions on your license feel free to give us a call or email our Senior Licensing Director firstname.lastname@example.org