Limited Stay At Home Order

On November 19, 2020, Governor Newsom announced that a Limited Stay At Home Order (Order) would go into effect in counties in the purple (widespread) tier (Tier 1, Blueprint for a Safer Economy), beginning at 10:00 pm on Saturday November 21, 2020. The California Department of Public Health (CDPH) issued further directions and guidance regarding the implementation of the Limited Stay At Home Order. This Industry Advisory summarizes the impact of this Order on businesses holding alcoholic beverage licenses.

The restrictions on businesses, including licensed businesses, are detailed in the Blueprint based upon the county in which the business is located. The purple tier is the most restrictive. In the purple tier, bars, breweries, and distilleries in which no meals are served are required to be closed to both indoor and outdoor operations. Wineries (including tasting rooms) and restaurants (which also includes bars, breweries, and distilleries that do serve bona fide meals) are required to close indoor operations but may operate outdoors with certain modifications. These restrictions and operational directives are detailed more fully in the Blueprint and in prior advisories issued by the Department.

The Order limits permitted operations further and applies to all ABC licensed businesses with respect to the exercise of on-sale privileges (meaning permitted customers to consume alcoholic beverages on the premises). The Order provides that various activities must be restricted during the hours of 10:00 pm and 5:00 am. Bars, breweries, and craft distilleries are to remain closed to both indoor and outdoor operations at all times. Wineries (and winery tasting rooms) and restaurants (which also includes bars, breweries, and distilleries that do serve bona fide meals) are required to close outdoor operations between the hours designated and continue to close all indoor operations.

The Order requires the cessation of described business operations open to the public during the specified hours. To be clear, this means all such operations must cease. It does not mean that 10:00 pm is “last call” or that customers may remain on the licensed premises past 10:00 pm. Licensees should plan their hours of operation accordingly.

Licensed businesses may continue to sell alcoholic beverages and meals (as applicable) for off-premises consumption by way of pick-up or delivery during the specified hours, in the same manner as detailed in prior guidance and Industry Advisories. However, licensees should ensure that customers are not using these services to congregate on or adjacent to their licensed premises. Failure to comply with this and other public health orders issued by CDPH may result in disciplinary action against the ABC license. Licensees should refer to the Blueprint and the Order for further information. In addition, licensees must comply with more restrictive local orders. Please consult with your local Department of Public Health to determine if more restrictive directives exist in your area.