Changes to California Law in 2022:
Expanded Privileges for To-Go Beverages in California
Senate Bill 389 (SB-389) went into effect on January 1, 2022 and pertains to the on-sale and off-sale consumption of alcoholic beverages. While similar to the regulatory relief offered in 2020 through 2021 due to COVID-19 which expired in January 2022, SB-389 has a few differences.
SB-389 allows certain restaurants and alcohol manufacturer license types to sell distilled spirits in manufacturer-sealed containers, such as sealed cans or bottles which may be consumed off-site provided the order is picked up from the premises by the consumer and appropriate identification is shown. This bill further authorizes licensees to sell, for off-site consumption, distilled spirits and single-serve wine not in manufacturer-sealed containers, such as cocktails or a glass of wine. However, there are a few specific requirements that must be met to comply with the provisions of this bill, including, but not necessarily limited to:
- Only selling alcoholic beverages in conjunction with a bona-fide meal;
- Items must be picked up from the premises by the consumer who originally ordered the items; and
- Beverages must be packaged in a container having a secure lid that seals the beverage in such a way as to prevent consumption without the seal being broken.
Prior to obtaining these off-sale privileges, licensees must notify the Department of Alcoholic Beverage Control of their intent to do so.
For more information on SB-389 please contact MOBO or visit the following website: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB389