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Sales of Alcoholic Beverages To-Go

Certain on-sale licensees are authorized to sell alcoholic beverages to-go. Below is information on laws and guidelines on existing and expanded privileges associated with the sales of alcoholic beverages to-go.

Expanded To-Go Privileges

See ABC’s Industry Advisory on Senate Bill 389 for a review of the new, expanded alcohol to-go privileges.

Requirements and Guidelines

Review the requirements and guidelines for selling distilled spirits and single-serve wine to-go.

Submit Notification

Submit your notice of intent to sell alcohol to-go in non-manufacturer containers.

Existing Privileges

Business and Professions Code Section 23401Opens in new window

Existing law authorizes on-sale general licensees, such as Types 47 and 48, with respect to beer and wine, and any on-sale licensee, such as Types 41 and 42, with respect to the particular beverage or beverages mentioned in the license, to exercise the rights and privileges granted by an off-sale beer and wine license. Daily on-sale general licenses, issued pursuant to Section 24045.1, do not have off-sale privileges. None of the licensees mentioned in this section may, by reason of any license mentioned in this section, label, bottle, package, or refill any package with any alcoholic beverage.

Note: The COVID-19 regulatory relief that temporarily allowed for licensees to sell alcoholic beverages to-go expires on December 31, 2021. Starting January 1, 2022, only those on-sale licensees authorized under Business and Professions Code Sections 23401 and 23401.5 are authorized to exercise the off-sale privileges described in the sections.

Expanded Privileges

Business and Professions Code Section 23401.5Opens in new window

Passage of Senate Bill 389 added Section 23401.5 to the Business and Professions Code. This law, effective January 1, 2022, expands off-sale privileges for certain restaurant license types, such as Types 41, 47 and 75, and certain alcohol manufacturer license types that operate a bona fide eating place at its premises of production, such as Types 01, 02, 23 and 74. The law authorizes these licensees to exercise the following privileges subject to specific requirements:

  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-389Opens in new window).

Prior to exercising the privileges in item 2 above, licensees must notify the department of their intent to sell alcohol to-go in non-manufacturer sealed containers. Licensees must use the Alcohol To-Go Notification Tool to submit their notice of intent. Licensees eligible to exercise the privilege of sales of nonmanufacturer-sealed alcoholic beverages to-go may begin sales immediately after submitting the online notification and posting the required warning signOpens in new window.

The alcohol sold may only be that which is allowed by the particular license type (ex. Type 41 license types cannot sell distilled spirits). Beer cannot be sold in non-manufacturer sealed containers.

Licensees that have operating conditions prohibiting off-sale privileges are not authorized to exercise any of the above privileges that are contrary to their operating conditions. Upon a showing of good cause, the department may at any time impose new conditions on a license restricting or prohibiting the sale or furnishing of any alcoholic beverages pursuant to this privilege.

This statute is scheduled to be repealed on January 1, 2027.

Licensees should carefully review the Requirements and Guidelines before submitting a notice of intent.

Submit Alcohol To-Go Notification

Additional Resources

Contact

For additional information,
contact your local district office.

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Frequently Asked Questions

This bill applies to the holder of an on-sale license that is issued for a bona fide public eating place that has off-sale privileges. This includes Type 41, Type 47, and Type 75 licenses. It also applies to a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production.

To sell distilled spirits or wine for off-site consumption as authorized by this bill, the licensee must have on-sale wine or distilled spirits privileges. For example, a Type 41 license cannot sell distilled spirits pursuant to this bill since that license type does not provide distilled spirits privileges.

A manufacturer-sealed container is a container, such as a bottle or can, that is filled and sealed by the manufacturer of the alcohol. A nonmanufacturer-sealed container (to-go) is a container filled by the retail licensee that has a secure lid or cap that is sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal. A nonmanufacturer-sealed container is considered an “open container” if transported in a motor vehicle. In addition to other requirements, licensees selling nonmanufacturer-sealed alcoholic beverages to-go must post a notice that states the following:

“Alcoholic beverages that are packaged by this establishment are open containers and shall not be transported in a motor vehicle except in the vehicle’s trunk or, if there is no trunk, the containers shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. This does not include a utility compartment or glove compartment (see Vehicle Code Section 23225). Additionally, these beverages shall not be consumed in public or in any other area where open containers are prohibited by law.”

No. Licensees are responsible for ensuring compliance with this restriction. Similarly, partially consumed alcoholic beverages, such as those ordered while dining-in, cannot be packaged to-go.

Existing law generally allows an on-sale retail license to sell or deliver manufacturer-sealed containers of beer and wine for consumption off the licensed premises. This bill does not alter these privileges in any way. However, alcoholic beverages sold pursuant to this bill cannot be delivered. This means that manufacturer-sealed distilled spirits and nonmanufacturer-sealed distilled spirits or single-serve wine cannot be delivered to consumers.

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