Tax-paid wine and beer may be stored anywhere in the state. ABC approval is not required.

Distilled spirits may only be stored on licensed premises which can purchase, sell, or store distilled spirits, including Type-14 public warehouses. ABC approval is not required to transfer from one storage location to another.

If alcoholic beverages are stored in a Type-14 public warehouse, ABC approval is not required to transfer them to another Type-14 warehouse or to a private warehouse.

Distilled spirits may be stored in a private warehouse approved by the department if within the limits of the county in which the licensee’s premises are located.

If wine is stored in bond, ABC approval is not required to transfer it to another facility. However, approval of taxing authorities (CDTFA, TTB) may be required.

Reference: 23106 B&P

Understanding there may be questions involving broken containers of alcoholic beverage at retail licensed business, we are advising there are no provisions in the ABC Act that permit suppliers (manufacturers and distributors) to replace loss due to destruction of alcohol products caused by natural disasters.

Retailers should file a claim with their insurer for the value of their destroyed product. Additionally, if a retail premise closes for a period that exceeds 15 days, or closes permanently, the law requires them to surrender their license. When they have done so, ABC permits suppliers to pick up alcoholic beverages and credit the account of a retailer who has surrendered their license.

With respect to damaged products, please see below under “Can a retail licensee return its inventory to a supplier?”

Reference: Rule 65 CCR, Rule 79 CCR

The ABC Act provides a tied-house exception for natural disasters. It provides that a manufacturer or wholesaler may give, rent, lend, or sell, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost or damaged as a result of a natural disaster and whose premises are located in an area proclaimed to be in a state of disaster by the governor.

The section does not apply to transactions that occur three months or more after the governor proclaims an area to be in a state of disaster.

Reference: 25511 B&P, 25600 B&P

Licensed premises located in the following zip codes are eligible for the additional relief afforded by the executive order issued by the governor on January 29, 2025.

90041, 90049, 90265, 90272, 90290, 90402, 91001, 91024, 91103, 91104, 91107, 91367, or 93536

With respect to the sale and delivery of alcoholic beverages to ABC licensed retailers located in the designated zip codes, the provisions of Business and Professions Code section 25509 are suspended until January 1, 2026. Selling licensees specified in section 25509 shall not be required to (but still may, should they choose to do so):

1. Sell alcoholic beverages only on a cash basis if a retailer is in arrears.
2. Impose the one-percent statutory penalty or successive one-percent additional penalties on late payments.

Any pending administrative disciplinary action will be held in suspense during this time of recovery.

If a premise closes for a period that exceeds 15 days, or closes permanently, the law requires the business to surrender their license. Licensees can use the Form ABC-231 to surrender their license.

Once this is complete, suppliers may pick-up alcoholic beverages and credit the account of the retailer.

Reference: Rule 65 CCR, Rule 79 CCR 

The ABC Act allows for the return of inventory damaged in fires provided they are returned in exchange for the identical quantity, brand, size of container and item.

It should be noted that suppliers are not required to accept the return of alcoholic beverages from retailers.

Reference: 23104.1 B&P, 23104.2 B&P, 23104.3 B&P

The ABC Act permits a licensee who has surrendered or canceled their license to sell their stock of lawfully acquired alcoholic beverages to a licensee or licensees who are authorized to resell the alcoholic beverages.

The licensee can apply with the department to sell their stock of alcoholic beverages to any licensee or licensees authorized to resell such alcoholic beverages.

An insurer may, after permission has been granted by the department, take possession of alcoholic beverages, the containers of which have been damaged by fire, and sell them to licensees who are authorized to sell the alcoholic beverages.

Reference: 23100 B&P, 23104 B&P, Rule 79 (c) CCR, Rule 79 (e) CCR

Form ABC-273 must be completed and submitted to the local ABC office. This form is the application by a former licensee to sell their stock of alcoholic beverages. The form is needed to request permission to sell the stock of alcoholic beverages that remain in inventory once the ABC license is surrendered or canceled pursuant to Rule 65.

Reference: Rule 65 CCR

The governor’s executive order expands the relief afforded by Business and Professions Code section 24081, allowing licensees with licensed premises in the designated zip codes to temporarily relocate their licensed premises. The licensee may temporarily relocate to another location anywhere within Los Angeles County and may operate for up to 360 days without the need to transfer their license to that new location. Once you find an appropriate location, all you have to do is notify the department and you may commence operation immediately. There is no fee for this temporary relocation.

Once you notify ABC of your new temporary location, the information for your license in the public License Lookup system will be updated with the new address. Your license number will remain the same. This should be sufficient for your wholesaler to know that it may sell alcohol to you at this new premises. However, if the wholesaler has any question, they can contact the department at (916) 419-2500.

Business and Professions Code section 24082 and the governor’s executive order provide that a licensees with licensed premises in the designated zip codes may transfer their license to a new location within Los Angeles County without the payment of the normal premises-to-premises transfer. While the licensee could operate at this new location on a permanent basis, if the original premises is rebuilt, the license may be transferred back within 18 months of the initial transfer without the normal transfer fee (this only applies if the license has not been transferred to another person). This transfer could be done to either the temporary location or to a new location within Los Angeles County.

A premises-to-premises transfer application must be completed and submitted to ABC. This is required whether the transfer is to the same location that is being operated on a temporary basis or to a brand-new location. The department will conduct the same investigation that it normally conducts with respect to a premises-to-premises transfer. However, the governor’s executive order provides some relief that will streamline this process:

1. Although the Notice of Intention to Sell Alcoholic Beverages must still be posted at the proposed licensed premises pursuant to Business and Professions Code section 23985, the prohibition against selling alcoholic beverages for 30 days following such posting is suspended until January 30, 2026.
2. Business and Professions Code section 23987 is suspended until January 30, 2026 to the extent it prohibits issuing or transferring a license until at least 30 days after mailing the notices required by that section.
3. The department may issue an Interim Operating Permit (“IOP”) upon request even though no protest may have been filed against the application. The department must still make a preliminary determination that the license should issue, but this will be done in an expedited manner.

If your licensed premises has been destroyed or damaged in the fire, and you have relocated your licensed business, the governor’s executive order provides that annual renewal fees for licenses with renewal dates between January 1, 2025, and July 1, 2025, shall be deferred for a period of one year. In addition, any penalty fees for late payment of the annual fee shall be waived.

Any beer manufacturer is eligible to receive a beer caterer’s permit, including a type 1 license (beer manufacturer), type 23 license (small beer manufacturer), or type 75 license (brewpub-restaurant).

There is an annual fee of $275 for a beer caterer’s permit, subject to annual CPI increases. Beer catering event authorization fees are as follows:

• $100 when anticipated attendance is less than 1,000 people
• $325 when anticipated attendance is 1,000-4,999 people
• $1,000 when anticipated attendance is 5,000 or more people

The type 58 caterer’s permit is available only to certain on-sale retail license types, while the type 91 is exclusively for licensed beer manufacturers. There are also different rules for each permit.

No, food service is not a requirement of the permit.

This law applies solely to those possessing a Type 74 license.

No.

All that are necessary to demonstrate eligibility and compliance with the law.