Jan 13, 2021

Seventh 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 relief measures which remain in place, and the Department now adds a new measure to this list.

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 Returns of Alcoholic Beverages – Rescinded by the Eighth Notice of Regulatory Relief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 Retail-to-Retail Transactions – Rescinded by the Eighth Notice of Regulatory Relief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 Extension of Credit – Rescinded by the Eighth Notice of Regulatory Relief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
  5. Sales of Alcoholic Beverages To-Go
  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 Drive-Thru Windows for Off-Sale Transactions – Rescinded by the Eighth Notice of Regulatory Relief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 Hours of Operations for Retail Sales – Rescinded by the Eighth Notice of Regulatory Relief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
  9. Free Delivery
  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 Delivery Hours Extended to Midnight – Rescinded by the Eighth Notice of Regulatory Relief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 Charitable Promotions and Sales – Superseded by No. 18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 Distilled Spirits Manufacturers Providing High-Proof Spirits for Disinfection Purposes – Rescinded by the Eighth Notice of Regulatory Relief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 Virtual Wine Tastings – Rescinded by the Eighth Notice of Regulatory Relief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
  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 Extension of Regulatory Relief for Club Licenses: Type 50, 51 and 52 – Rescinded by the Eighth Notice of Regulatory Relief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
  17. “Virtual” Meet the Winemaker or Brewer Dinners
  18. Renewal of Relief for Charitable Promotions and Sales

Unless otherwise noted, those temporary relief measures remain in place, and the Department now issues the following relief to allow Type-75 Brewpub-Restaurants to produce less than the statutorily required 100 barrels of beer during the current state of emergency:

19. Relief from Type-75 Requirement to Produce 100 Barrels of Beer Annually

Business and Professions Code section 23396.3 requires any holder of a Type-75 Brewpub-Restaurant license to produce a minimum of 100 barrels of beer annually. Due to the restrictions in place as a result of various public health orders issued during the current COVID-19 state of emergency, the Department will not enforce this statutory minimum amount to be produced by these license holders. The Department will continue to enforce the other elements of this section as written, including but not limited to the requirement for a seven-barrel commercial brewing system being located permanently onsite, and the maximum amount of 5000 barrels being produced annually.

As with the prior measures in the First Notice, Second Notice, Third Notice, Fourth Notice, Fifth Notice, and Sixth Notice, this Notice of Regulatory Relief is designed to support the alcoholic beverage industry in its efforts to assist California in slowing the spread of the virus while assisting the industry in dealing with the economic challenges it is facing as a result. 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.

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