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California Code, Business and Professions Code - BPC § 23396

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold.  No alcoholic beverages, other than beers, may be sold or served in any bona fide public eating place for which an on-sale license has been issued unless the premises comply with the requirements prescribed in Section 23038, 23038.1, 23038.2, or 23038.3.

(b)(1) In addition to the privilege in subdivision (a), any on-sale license for a premises located in an entertainment zone authorizes the licensee to permit consumers to leave the licensed premises with open containers of alcoholic beverages for consumption off the premises within the entertainment zone if all of the following conditions are satisfied:

(A) The alcoholic beverage is specified in both the license and the ordinance creating the entertainment zone.

(B) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.

(C) Patrons with open containers exit the licensed premises directly into an entertainment zone.

(D) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.

(E) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.

(F) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.

(G) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone.

(H) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.

(2) This subdivision does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.

(3) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions.  For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.

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Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 23396 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-23396/

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