Eighth Notice of Regulatory Relief
Pursuant to the Constitution of the State of California, Article XX, Section 22, and in furtherance of Governor Newsom’s emergency declarations and orders regarding the spread of the COVID-19 virus, the Department of Alcoholic Beverage Control previously provided temporary regulatory relief measures to address the state of emergency throughout the state.
The First Notice, Second Notice, Third Notice, Fourth Notice, Fifth Notice, Sixth Notice, and Seventh Notice of Regulatory Relief were implemented by the Department to support the alcoholic beverage industry in its efforts to slow the spread of the virus throughout California, while also assisting the industry in dealing with the economic challenges it faced as a result.
The Department has continued to carefully consider the public health, safety, and welfare in determining if any Regulatory Relief provisions should be extended. This regulatory relief is designed to support the expanded outdoor operations of the alcoholic beverage industry to slow the spread of the virus while assisting the industry in its economic recovery from the impacts of the pandemic.
The Department has determined that the extension of the following provisions will not jeopardize the public health, safety, or welfare, and they will temporarily remain in place until December 31, 2021:
- On-Sale Retailers Exercising Off-Sale Privileges
- Sales of Alcoholic Beverages To-Go
- Deliveries to Consumers
- Free Delivery
- Expansion of Licensed Footprint
- On-Sale Licensees without Kitchen Facilities
- “Virtual” Meet the Winemaker or Brewer Dinners
- Renewal of Relief for Charitable Promotions and Sales
- Relief from Type-75 Requirement to Produce 100 Barrels of Beer Annually
The extended Regulatory Relief requirements set forth in this Notice and in the respective Notices of Regulatory Relief continue to be applicable to all affected Department licenses until December 31, 2021 or unless otherwise noticed by the Department.
In response to the removal of restrictions on licensed businesses, and the implementation of the Beyond the Blueprint Plan on June 15, 2021, the Department hereby gives notice that the following Regulatory Relief provisions will be rescinded effective at the close of business on June 30, 2021:
- Returns of Alcoholic Beverages
- Retail-to-Retail Transactions
- Extension of Credit
- Drive-Thru Windows for Off-Sale Transactions
- Hours of Operations for Retail Sales
- Delivery Hours Extended to Midnight
- Distilled Spirits Manufacturers Providing High-Proof Spirits for Disinfection Purposes
- Virtual Wine Tastings
- Extension of Regulatory Relief for Club Licenses: Type 50, 51 and 52
Limitations on Relief
The Regulatory Relief provided by this and prior Notices is temporary. The Department hereby gives notice that all Regulatory Relief that is extended past June 30, 2021, will be rescinded on December 31, 2021. Such relief may be rescinded immediately should the needs of public safety dictate. In addition, licensees are directed to continue to exercise the temporary relief provided by this Notice responsibly, without compromising the public health, safety, or welfare. Notwithstanding any other provision of law, if the Department determines that any licensee is found to be abusing the Regulatory Relief provided by this Notice or prior Notices, or if the licensee’s actions jeopardize public health, safety, or welfare, the Department may summarily rescind the relief as to that licensee at any time. Until these temporary relief measures are rescinded, any licensee adhering to the terms of this Notice, prior Notices describing the particular Regulatory Relief, and other applicable laws, may rely on this Notice to utilize the privileges described without risk of enforcement by the Department against its license for actions taken up until the time of the rescission.
In addition, this Notice does not exempt licensees from complying with all local ordinances, zoning restrictions, conditional use permits, and similar local authorizations and limitations, over which the Department has no jurisdiction or control. The Department will not consider any violation of such local controls to constitute a violation of the license issued by the Department. For guidance on disability access, review the Open-air Dining and Curbside Pickup Disability Access Considerations document provided by the California Commission on Disability Access.
Licensees are encouraged to register with the Department to receive email notices regarding this and other issues. This is easily done by clicking Subscribe. If you have any questions, please contact the Department.