Hours Of Sale And Delivery Of Alcoholic Beverages - Regulatory Provisions - Business & Professions - CA

Section § 25631

This law makes it illegal for anyone with a license to sell alcohol, or their agents or employees, to sell, give, or provide alcohol to anyone between 2 a.m. and 6 a.m. It is also illegal for someone to knowingly buy alcohol during these hours. Breaking this law is considered a misdemeanor. Additionally, when daylight saving time starts or ends, '2 a.m.' is defined as two hours after midnight of the previous day.

Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor.

For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs.

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Section § 25631.5

In Inglewood, California, certain large arenas can sell alcohol between 2 a.m. and 4 a.m., but only under strict conditions. These include getting city approval, notifying law enforcement, limiting sales to a small area for private club members, and ensuring the servers are trained. The arena must have hosted a major event earlier that day. The city must report on the law's impact on crime and it expires on January 1, 2030.

(a) Notwithstanding Section 25631, alcoholic beverage sales may occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood if all of the following conditions are met:

(1) The licensee files a request with the governing body of the City of Inglewood for adoption of an ordinance that would allow alcoholic beverage sales to occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood, the governing body adopts such an ordinance, and the ordinance is submitted to the department.

(2) Within 30 consecutive days of filing the request pursuant to paragraph (1), the licensee notifies local law enforcement agencies of the request.

(3) The sales occur in an area in the arena no larger than 2,500 square feet, with a maximum capacity of 100 persons.

(4) The on-sale licensed premises are restricted between 2 a.m. and 4 a.m. only to patrons who are 21 years of age or older.

(5) The sales occur in a private area in the arena that is available only to members of a private club who are assessed dues in order to belong to the club and thereby gain access to the area, and guests of those members, when the member is in attendance.

(6) The sales occur in the hours immediately following a day on which a sporting event, concert, or other major event, or a private event not open to the public, has occurred in the arena.

(7) All persons engaged in the sale or service of alcoholic beverages between 2 a.m. and 4 a.m. have successfully completed a Responsible Beverage Service training course pursuant to Article 4 (commencing with Section 25680).

(8) The licensee has a permit issued by the department pursuant to Section 23398.7.

(b) The department may adopt rules as it determines to be necessary for the administration of this section.

(c) The City of Inglewood shall submit a report to the department on the impact of these provisions one year after any licensee is issued a permit from the department pursuant to Section 23398.7 and once annually thereafter. The report shall include information on any impact the additional service hours had on crime rates in the city, including arrests for driving under the influence, and related crimes.

(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

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Section § 25632

If a bar or restaurant, or anyone working for them, lets someone drink alcohol when it's not legally allowed on their property, they can be charged with a minor crime.

Any retail licensee, or agent or employee of such licensee, who permits any alcoholic beverage to be consumed by any person on the licensee’s licensed premises during any hours in which it is unlawful to sell, give, or deliver any alcoholic beverage for consumption on the premises is guilty of a misdemeanor.

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Section § 25633

This law says that manufacturers, winegrowers, agents, and wholesalers can't deliver alcoholic beverages to retail license holders on Sundays, or between 3 a.m. and 8 p.m. on other days, except if the delivery is happening directly at a manufacturing or distribution site. However, transporting alcohol between manufacturers, wholesalers, or similar entities is allowed at any time. Violating this rule is considered a misdemeanor.

Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturer’s agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler, distiller, importer, or any of them. Every person violating the provisions of this section is guilty of a misdemeanor.

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