Dec 30, 2021

Ninth 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 Department now adds the following measure.

The Department of Alcoholic Beverage Control previously suspended enforcement of the following legal prohibitions on a temporary basis:

  1. Returns of Alcoholic Beverages – Rescinded by the Eighth Notice of Regulatory Relief
  2. Retail-to-Retail Transactions – Rescinded by the Eighth Notice of Regulatory Relief
  3. Extension of Credit – Rescinded by the Eighth Notice of Regulatory Relief
  4. On-Sale Retailers Exercising Off-Sale Privileges – Rescinded by the Eighth Notice of Regulatory Relief
  5. Sales of Alcoholic Beverages To-Go – Rescinded by the Eighth Notice of Regulatory Relief (see SB-389 Guidance)
  6. Drive-Thru Windows for Off-Sale Transactions – Rescinded by the Eighth Notice of Regulatory Relief
  7. Hours of Operations for Retail Sales – Rescinded by the Eighth Notice of Regulatory Relief
  8. Deliveries to Consumers – Rescinded by the Eighth Notice of Regulatory Relief
  9. Free Delivery – Rescinded by the Eighth Notice of Regulatory Relief
  10. Delivery Hours Extended to Midnight – Rescinded by the Eighth Notice of Regulatory Relief
  11. Charitable Promotions and Sales – Superseded by No. 18
  12. Distilled Spirits Manufacturers Providing High-Proof Spirits for Disinfection Purposes – Rescinded by the Eighth Notice of Regulatory Relief
  13. Virtual Wine Tastings – Rescinded by the Eighth Notice of Regulatory Relief
  14. Expansion of Licensed Footprint – Rescinded by the Eighth Notice of Regulatory Relief (see Caterer’s Permits)
  15. Extension of Regulatory Relief for Club Licenses: Type 50, 51 and 52 – Rescinded by the Eighth Notice of Regulatory Relief
  16. On-Sale Licensees without Kitchen Facilities – Rescinded by the Eighth Notice of Regulatory Relief
  17. “Virtual” Meet the Winemaker or Brewer Dinners – Rescinded by the Eighth Notice of Regulatory Relief
  18. Renewal of Relief for Charitable Promotions and Sales – Rescinded by the Eighth Notice of Regulatory Relief
  19. Relief from Type-75 Requirement to Produce 100 Barrels of Beer Annually – Rescinded by the Eighth Notice of Regulatory Relief

As a part of the First Notice of Regulatory Relief, item number 8, the Department provided COVID-19 pandemic relief to craft distillers (Type-74 licenses) in the form of deliveries of distilled spirits to consumers away from the licensed premises of production. This relief was scheduled to end on December 31, 2021, with all other regulatory relief extended by the Department pursuant to the Eighth Notice of Regulatory Relief issued on June 3, 2021. However, relief for craft distillers (Type-74 licenses) to deliver to consumers away from the licensed premises of production is now extended to March 31, 2022. All other regulatory relief provisions, including other parts of the First Notice of Regulatory Relief, item number 8, are still rescinded effective at the close of business on December 31, 2021.

20. Craft Distillers Deliveries to Consumers

Business and Professions Code section 23504 provides that Type-74 craft distiller licensees may sell up to 2.25 liters for consumption off the licensed premises per consumer per day of distilled spirits manufactured or produced by the licensee. These sales may only be made to consumers at the licensed premises. This means that existing law does not authorize craft distillers to deliver such alcoholic beverages to consumers away from the licensed premises either by direct shipping, delivery by employees of the licensee, or by third party delivery companies. In the First Notice of Regulatory Relief, the Department advised that it would not enforce this provision due to the impacts of the COVID-19 pandemic on businesses. This forbearance of enforcement will now extend through March 31, 2022, at which time it will expire.

It should be noted that while delivery of packaged distilled spirits manufactured or produced by the craft distiller may continue, the licensee is still required to comply with the restriction that no more than 2.25 liters may be sold and delivered per consumer per day. The licensee is responsible for maintaining adequate records to establish compliance with this requirement.  

The Department has carefully considered the public’s health, safety, and welfare in providing this relief, and the Department has concluded that the decision to defer enforcement of these measures, exercised on a temporary basis, will not jeopardize the public’s health, safety, or welfare. In lieu of individual requests for relief submitted to the Department, the temporary relief from the enforcement of the regulatory requirements set forth in this notice are applicable to all affected Department licensees and will continue until further notice.

Limitations on Relief

The relief provided by this and prior notices is temporary and may be withdrawn by the Department at any time. The Department intends to provide a 10-day notice of the termination of any such relief, although such relief may be withdrawn immediately should the needs of public safety dictate. In addition, licensees are directed to use the relief provided by this notice responsibly without compromising the public’s health, safety, or welfare. Notwithstanding any other provision of law, if the Department determines that any licensee is found to be abusing the relief provided by this notice, 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 the Department rescinds any of these temporary relief measures, whether as to all licensees or a particular licensee, any licensee adhering to the terms of this notice, 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 local ordinances, zoning restrictions, conditional use permits, and the like, over which the Department has no jurisdiction or control. That said, the Department will not consider any violation of such local controls to constitute a violation of the license issued by the Department.

We encourage all licensees to sign up with the Department for email notices regarding this and other issues. This is easily done by clicking Subscribe. If you have any questions, please contact the Department.

Coronavirus (COVID-19) Updates

Contact

Additional information may be obtained by contacting:

Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Email us at headquarters@abc.ca.gov
Call (916) 419-2500