Public Health Orders Regarding Licensed Premises Closures
Updated: July 13, 2020 – Statewide Application
Due to increases in COVID-19 transmission, Governor Newsom and the California Department of Public Health (CDPH) have issued new directives limiting the operation of specific ABC-licensed businesses in all counties. The new directives are effective immediately and the affected businesses shall cease the specified operations until the restrictions are lifted.
This Industry Advisory supersedes any prior conflicting Notices, FAQs, and other advisories issued by the Department.
Prior directives have required only counties that have been on the County Data Monitoring list for three consecutive days or more to close certain indoor operations (while allowing for outdoor operations under specified conditions), and to close both indoor and outdoor operations for certain specified businesses. CDPH’s July 13, 2020, guidelines and directives, Guidance on Closure of Sectors in Response to COVID-19, expand these requirements statewide.
The directive to re-close certain, generally indoor, business operations is based upon the concern that the typical operation of such businesses involves groups of people from different households congregating and mixing in ways that create a higher risk for transmission of COVID-19 and difficulty in undertaking contact tracing in the event of an outbreak. Additional risk factors are identified in CDPH’s directive.
All ABC-licensed businesses whose licenses permit on-premises consumption of alcoholic beverages must immediately discontinue all indoor operations. This includes all wineries (Type 02), breweries (Types 01 and 23), distilleries (Types 04 and 74), bars (Types 40, 42, and 48), restaurants (Types 41 and 47; and all restaurants operated at wineries, breweries, and distilleries), brewpub-restaurants (Type 75), and clubs (Types 50, 51, and 52).
In addition, all breweries (Types 01 and 23), distilleries (Types 04 and 74), bars (Types 40, 42, and 48), and clubs (Types 50, 51, and 52) must discontinue all outdoor operations, unless they operate a restaurant on the licensed premises (either by way of a bona fide eating place on the premises or through the use of a bona fide meal provider pursuant to prior Relief issued by the Department).
If a licensee operates outdoors pursuant to this directive, the area in which alcoholic beverages are served or consumed must be licensed under either the permanent license issued for the premises or under a COVID-19 Temporary Catering Authorization. Consistent with the directives issued, alcoholic beverages may only be served in conjunction with meals, except for winery tasting rooms.
Licensees that conduct outdoor operations shall comply with social distancing measures, face covering requirements, and other requirements in the relevant sector guidance for Dine-In Restaurants.
This guidance does not affect prior guidance regarding deliveries of alcoholic beverages away from the licensed premises.