Today's Law As Amended


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AB-1242 Alcoholic beverages: bona fide public eating place: off-sale privileges.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 23401.5 is added to the Business and Professions Code, to read:

23401.5.
 Notwithstanding any other law to the contrary, a bona fide public eating place holding an on-sale general license or a bona fide public eating place holding an on-sale license for beer and wine may exercise the following rights and privileges subject to the requirements of this section:
(a) The licensee may sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption provided the beverages are in manufacturer prepackaged containers.
(b) In addition to the privilege provided by subdivision (a), the licensee may sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if all of the following conditions are met:
(1) The alcoholic beverages are sold in conjunction with meals prepared for pickup or delivery either by the licensee or by a meal provider.
(2) The alcoholic beverages are packaged in a container with a secure lid or cap in a manner designed to prevent consumption without removal of the lid or cap.
(3) (A) The following warning sign is posted in a manner that notifies consumers of restrictions regarding open container laws:

Alcoholic beverages that are packaged by this establishment are open containers and shall not be transported in a motor vehicle except in the vehicle’s trunk or, if there is no trunk, the containers shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. This does not include a utility compartment or glove compartment (See Vehicle Code Section 23225). Additionally, these beverages shall not be consumed in public or in any other area where open containers are prohibited by law.

(B) For purposes of this paragraph, “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, the beverages to which this section applies is given notice of this warning.