On-Sale retailers exercising off-sale privileges
TL;DR: You can grab a growler or pre-packaged booch/beer/wine/spirits from your favorite brewpub, bottleshop-with-a-bar, taproom. Call around to see who is open!
Legal jargon…Licensees with on-sale privileges may sell those alcoholic beverages for off-sale consumption in manufacturer pre-packaged containers as to which their license permits on-sale consumption. For example, a Type 47 restaurant may sell beer, wine, and distilled spirits for off-sale consumption, regardless of any condition on its license to the contrary and regardless of the statutory prohibition against on-sale licensees selling distilled spirits for off-sale consumption. Similarly, a Type 41 beer and wine licensed restaurant may sell beer and wine, but not distilled spirits, for consumption off the premises regardless of any conditions on its license that prohibit such sales.
Sales of Alcoholic Beverages To-Go
TL;DR: You know how you’ve always wanted to tell them to pour your left-over draft booch/beer in a to-go cup? Well now you can (kinda…no sippy cups allowed). When placing your food order for pick-up, peep the alcohol menu and get something to-go. Please note: Open container laws do still apply so please make sure you’re keeping it sealed and in a place that is completely out of reach until you get home.
Legal jargon…In addition to selling manufacturer pre-packaged containers as provided above, bona fide eating places (i.e., restaurants) selling beer, wine, and pre-mixed drinks or cocktails for consumption off the licensed premises may do so when sold in conjunction with meals prepared for pick-up or delivery. Any such alcoholic beverages must be packaged in a container with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap (e.g., no lids with sipping holes or openings for straws). Further, any licensee selling such beverages for off-sale consumption shall prominently post the following warning in a manner that puts consumers on notice of limitations regarding open container laws: Alcoholic beverages that are packaged by this establishment are open containers and may not be transported in a motor vehicle except in the vehicle’s trunk; or, if there is no trunk, the container may be kept in some other area of the vehicle that is not normally occupied by the driver or passengers (which does not include a utility compartment or glove compartment (Vehicle Code Section 23225)). Further, such beverages may not be consumed in public or in any other area where open containers are prohibited by law. “Post” means to prominently display on the premises, post online, or present in whatever manner is necessary to ensure that the consumer purchasing, or delivery person transporting, such beverages is given notice of this warning.
Deliveries to Consumers
TL;DR: Deliveries, baby! You may have already seen this but some of your favorite breweries are offering home delivery. Call around to check out your options… and look out for something special from the Booch crew soon.
Legal jargon…Existing law allows licensees who are permitted to sell off-sale to also deliver such alcoholic beverages to consumers. The sales transaction, other than delivery, must occur on the licensed premises. This means that the order must be received, and the payment processed, at the licensed premises (i.e., no payment at time of delivery away from the licensed premises). In addition, craft distillers may only exercise their off-sale privileges at the licensed premises (limited to 2.25 liters of distilled spirits per consumer per day) and are not authorized to deliver to consumers away from the licensed premises. The Department is suspending enforcement of these restrictions. As such, licensees who are authorized to sell alcoholic beverages to consumers for consumption off the licensed premises may accept payment therefore, including cash, at the point of delivery. In addition, craft distillers may also deliver to consumers away from the licensed premises (however, they must still adhere to the maximum of 2.25 liters per consumer per day). For clarification, existing statutory delivery authority does not specify the location at which the delivery must occur. As such, delivery to consumers immediately outside the licensed premises (often known as “curbside delivery”) is acceptable.
Again, we cannot stress the importance of keeping your health and the health of others a priority, but should you choose to go grab take-out, throw a virtual happy hour or share a beverage with your cat–try your local pubs, breweries and taprooms for a taste of the outside world.
Happy quarantining! Stay safe, Booch Fam. We love you and look forward to hanging out soon! – Boochcraft
Please check back frequently as we compile and update lists in your area offering these services.
In the meantime, you can find stores near you that carry us HERE.