To-Go Alcoholic Beverage Sales
When it comes to selling to-go alcoholic beverages, only certain on-sale licenses are authorized to do so. Business must follow laws and guidelines on existing and expanded privileges. If you plan on selling alcoholic beverages to-go, read the following information.
Existing Privileges for To-Go Alcohol
For general on-sale licenses including Type 47 and 48 (beer and wine), and any on-sale licenses such as Type 41 and 42 ( particular beverage(s) mentioned in the license), there are existing laws that authorize the privileges granted by an off- sale beer and wine license. In contrast, daily on sale general licenses do not have off- sale privileges (Section 24045.1) . It is important to note that none of the licenses mentioned in this section can label, bottle, package, or refill any package with any alcoholic beverage.
Expanded Privileges for To-Go Alcohol
As of January 1, 2022, off-sale privileges for certain restaurants were expanded, including for to-go alcoholic beverages. This includes license Types 41, 47, and 75. Along with certain alcohol manufactures that operate a bona fide eating place at its premises of production (Types 01, 02, 23, and 74). This expansion is allowed with the passage of Senate Bill 389 added Section 23401.5 to the Business and Professional Code. The following privileges are subject to specific requirements which include:
1) Sell distilled spirits in manufacturer-sealed containers (e.g. sealed cans or bottles) for off-site consumption as long as the order is picked up from the premises by the consumer and proper identification is displayed.
2) Sell for off-site consumption distilled spirits and single-serve wine that are not in manufacturer-sealed containers (e.g. a cocktail or a serving of wine) subject to specific provisions outlined in statute (see SB-389).
Your business must notify the Department of their intent to sell to-go alcoholic beverages in non-manufacturer sealed containers prior to exercising the privileges in item 2 above. After submitting the online notification and posting the required warning sign, licensees that are eligible to exercise the privilege may begin sales immediately. Your business must also take into account that the type of alcohol they sell to-go, must follow their license Type. (ex. Type 41 license types cannot sell distilled spirits). Beer cannot be sold in non- manufactured sealed containers. Licensees should carefully review the Requirements and Guidelines before submitting a notice of intent.
Important Considerations
Businesses are not authorized to exercise any of the above privileges that go against their operating conditions such as prohibited off-sale privileges. Another important thing to consider is that the Department can at any moment, with the show of good cause, impose new conditions on a license that can result in restricting or prohibiting the sale/ furnishing of any alcoholic beverages that fall under this privilege. As of January 1, 2027, this statute is scheduled to be repealed.
After reading the information above, contact us here at Liquor License Network, and we will be sure to answer any question you may have, particularly regarding to-go alcohol. Our team of experts can help your business obtain information, licenses, and more in order to reach your goal. Feel free to give us a call at (800)735-9073 or send us a message here.