New Alcoholic Beverage Laws in California

Sacramento – The California Department of Alcoholic Beverage Control (ABC) is providing the following summary of some new alcoholic beverage laws that went into effect in 2021and other laws that will take effect in January 2022. “ABC will continue to provide information and guidance as the new laws take effect in 2022,” said ABC Director Eric Hirata. “We encourage you to use the hyperlinks for each bill listed below to access more detailed information.”

Here is a summary of bills that went into effect in 2021:

1. AB 61 (Gabriel, Chapter 651, Statutes of 2021) Business pandemic relief

Adds and repeals Section 25750.5 of the Business and Professions Code, adds and repeals Section 65907 of the Government Code, and amends Section 114067 of the Health and Safety Code, relating to business pandemic relief, and declaring the urgency thereof, to take effect immediately. (Effective October 8, 2021)

Summary of Code Section Changes – This urgency bill authorizes the Department of Alcoholic Beverage Control to allow licensees to exercise license privileges in an expanded area authorized pursuant to a COVID-19 Temporary Catering Authorization, subject to the terms and conditions established in the Department’s regulatory relief, for up to 365 days following the end of the Governor’s declared state of emergency related to the pandemic. This bill allows the Department to extend a COVID-19 Temporary Catering Authorization beyond 365 days if the licensee has a pending application for a permanent premises expansion. These provisions sunset July 1, 2024. Lastly, this bill enacts other relief measures, unrelated to the Department, that impact food facilities and local governments.

2. AB 83 (Committee on Budget, Chapter 11, Statutes of 2021) Alcoholic beverage control: license renewal fees: waiver

Amends and renumbers Section 23320.3 of the Business and Professions Code, relating to business and professions, and making an appropriation therefore, to take effect immediately, bill related to the budget. (Effective March 17, 2021)

Summary of Code Section Changes – This urgency bill authorizes the Department of Alcoholic Beverage Control to waive license renewal fees for small beer manufacturers, craft distillers, or winegrowers who produce less than 100,000 gallons annually, and whose licenses expire between March 1, 2021 and February 28, 2023, provided those licenses were active between March 1, 2020 and December 31, 2020.

3. AB 1149 (Villapudua, Chapter 271, Statutes of 2021) Alcoholic beverages: tied-house restrictions

Amends Section 25503.2 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately. (Effective September 23, 2021)

Summary of Code Section Changes – This urgency bill allows specified manufacturers and wholesalers to merchandise (e.g., stock and arrange products on shelves, etc.) single-serve containers of wine and distilled spirits, similar to as currently authorized for beer, at off-sale retail licensed premises.

4. SB 94 (Skinner, Chapter 9, Statutes of 2021) Alcoholic beverage control: barbering and cosmetology: license renewal fees: waiver

Adds Section 23320.3 to, and adds and repeals Section 7427 of, the Business and Professions Code, relating to business and professions, and making an appropriation therefor, to take effect immediately, bill related to the budget. (Effective February 23, 2021)

Summary of Code Section Changes – This urgency bill authorizes the Department of Alcoholic Beverage Control to waive license renewal fees for specified licensees whose licenses expire between March 1, 2021 and February 28, 2023, provided those licenses were active between March 1, 2020 and December 31, 2020. This bill contains other provisions unrelated to the Department.

5. SB 314 (Wiener, Chapter 656, Statutes of 2021) Alcoholic beverages

Amends Sections 23399 and 25607 of, and adds and repeals Section 25750.5 of, the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately. (Effective October 8, 2021)

Summary of Code Section Changes – This urgency bill 1) authorizes the Department of Alcoholic Beverage Control to allow licensees to exercise license privileges in an expanded area pursuant to a COVID-19 Temporary Catering Authorization, subject to the terms and conditions established in the Department’s regulatory relief, for up to 365 days following the end of the Governor’s declared state of emergency related to the pandemic, as specified (this provision is identical to one contained in AB 61 (Gabriel)); 2) authorizes alcohol manufacturers to share a common licensed area with multiple retailers, subject to various requirements; and 3) allows catering authorizations to be issued for up to 36 events, rather than 24, at a single location annually, except when the Department determines additional events may be catered to satisfy substantial public demand.

Here are bills that will take effect in January 2022:

6. SB 389 (Dodd, Chapter 657, Statutes of 2021) Alcoholic beverages: retail on-sale license: off-sale privileges

Adds and repeals Section 23401.5 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

Summary of Code Section Changes – This bill authorizes specified restaurants and certain alcohol manufacturers to sell distilled spirits in manufacturer-sealed containers (e.g. cans or bottles) for off-site consumption for which their license permits on-sale consumption if the order is picked up by the consumer and they display identification, as specified. This bill also authorizes those same licensees to sell for off-site consumption distilled spirits and single-serve wine that is not in manufacturer-sealed containers (e.g. a cocktail or margarita) if the order is sold in conjunction with a meal, it is picked up by the consumer, and they display identification, among other requirements. Before exercising the privilege of selling nonmanufacturer-sealed alcoholic beverages for off-site consumption, the eligible licensee must notify the Department of their intent to do so. The Department could restrict or prohibit these privileges by placing conditions on the license under specified circumstances. The provisions of this bill sunset January 1, 2027.

7. AB 239 (Villapudua, Chapter 192, Statutes of 2021) Winegrowers and brandy manufacturers: exercise of privileges: locations

Amends Section 23390 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

8. AB 1267 (Cunningham, Chapter 207, Statutes of 2021) Alcoholic beverages: advertising or promoting donation to a nonprofit charitable organization

Amends Section 25600 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

9. AB 1275 (Jones-Sawyer, Chapter 208, Statutes of 2021) Alcoholic beverage control: minors

Amends Section 25666 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

10. AB 1589 (Committee on Governmental Organization, Chapter 306, Statutes of 2021) Alcoholic beverages: appeals: tied-house restrictions

Amends Sections 23081, 23081.5, 23083, 23088, and 25503.24 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

11. SB 19 (Glazer, Chapter 274, Statutes of 2021) Winegrowers: tasting rooms

Amends Sections 23320 and 23390.5 of the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

12. SB 386 (Umberg, Chapter 309, Statutes of 2021) Tied-house restrictions: advertising: mixed-use district

Amends Section 25503.6 of, and adds Section 25503.61 to, the Business and Professions Code, relating to alcoholic beverages. (Effective January 1, 2022)

You can learn more about other bills signed into law on the Official California Legislative Information site.

ABC protects communities through education, and by administering prevention and enforcement programs designed to increase compliance with California’s alcoholic beverage laws. ABC licensees and their employees are encouraged to take ABC’s free four-hour LEAD training classes to help achieve higher compliance with alcoholic beverage laws.

To learn more about ABC programs that help protect communities, prevent alcohol-related harm, and save lives, visit ABC’s website. ABC’s mission is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement.

ABC is a Department of the Business, Consumer Services and Housing Agency.

Contact

Additional information may be obtained by contacting:

Public Information Office
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Email: pio@abc.ca.gov
Phone: (916) 419-2525

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