Updated November 8, 2026. This article was first written in mid-May 2025, ahead of the summer takeout season. It describes California’s cocktails-to-go rules as they stood then, when the law was scheduled to sunset at the end of 2026. A later extension is described separately in the “Current context” section near the end. It is general information, not legal advice.
The pandemic habit that became a statute
During 2020, a margarita in a sealed cup next to a takeout order became a lifeline for many California restaurants. When the temporary regulatory relief ended, the Legislature kept a narrower version alive. Senate Bill 389 added Business and Professions Code section 23401.5, effective January 1, 2022, giving certain restaurants and producers ongoing off-sale privileges for distilled spirits and for drinks they package themselves.
As of spring 2025, those privileges were scheduled to run until December 31, 2026, as later confirmed by the Legislative Counsel’s digest of AB 2663, which described existing law as authorizing the privileges “until December 31, 2026.” Summer is when takeout cocktails see heavy use: beach picnics, graduation dinners at home, and backyard barbecues. It is also when shortcuts creep in. This guide explains who may sell to-go drinks, the conditions that apply, and how to train staff so a convenience does not become a violation.
Who can sell drinks to go
Section 23401.5 applies to the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, and to licensed beer manufacturers, wine manufacturers, and craft distillers that operate a bona fide public eating place at their premises of production. ABC’s to-go overview page gives Types 41, 47, and 75 as restaurant examples, and Types 01, 02, 23, and 74 as manufacturer examples.
The alcohol must be something the license already permits. ABC’s requirements state that to sell distilled spirits or wine for off-site consumption under this law, the licensee must have on-sale wine or distilled spirits privileges. A Type 41 beer-and-wine restaurant cannot sell a to-go margarita made with tequila, because its license does not include distilled spirits.
Operating conditions also matter. ABC’s guidance says licensees whose off-sale privileges are restricted by conditions cannot exercise privileges contrary to those conditions. A restaurant with a condition prohibiting off-sale must seek a condition modification through its district office before offering to-go drinks.
Two kinds of to-go alcohol
The law separates two categories.
Manufacturer-prepackaged distilled spirits. An eligible licensee may sell distilled spirits in containers filled and sealed by the manufacturer, such as bottles or canned cocktails, as long as the order is picked up by the consumer and identification is checked.
Non-manufacturer-sealed drinks. An eligible licensee may also sell alcoholic beverages it packages itself, except beer, under a longer list of conditions. These are the house cocktail in a sealed cup and the glass-sized pour of wine in a single-serve container.
Beer is the notable exclusion. ABC states plainly that beer cannot be sold in a non-manufacturer-sealed container under this law. Existing privileges to sell manufacturer-sealed beer and wine are separate and not changed by section 23401.5.
The conditions for house-packaged drinks
ABC’s requirements and guidelines list the conditions that apply to drinks the restaurant packages itself:
- In-person pickup only. The drink must be ordered and picked up by the consumer directly from the licensee. It cannot be delivered, whether by the licensee or by a third-party delivery service.
- ID at pickup. The ordering consumer must present a valid ID to verify age and confirm they are the person who placed the order.
- A sealed container. The drink must be in a container with a secure lid or cap sealed in a manner designed to prevent consumption without breaking the seal.
- Wine in single-serve sizes. Wine can only be sold in containers holding between 187 and 355 milliliters.
- A spirits cap. Mixed drinks and cocktails cannot contain more than 4.5 ounces of distilled spirits per drink.
- A meal requirement. These drinks may only be sold with a bona fide meal, with a limit of two per meal.
- Labeling. The container must be clearly and conspicuously identified as containing alcohol.
- A warning sign. A specific open-container warning must be posted on the premises, online, or wherever necessary to reach the purchaser.
- Advance notice to ABC. The licensee must notify ABC of its intent before selling non-manufacturer-sealed drinks to go.
The notice and the sign
ABC requires licensees to use its Alcohol To-Go Notification Tool to submit their intent. According to ABC, eligible licensees may begin selling immediately after submitting the notification and posting the required sign. Licensees that will sell only manufacturer-prepackaged containers do not need to notify ABC.
The sign must state that drinks packaged by the establishment are open containers and may not be transported in a motor vehicle except in the trunk, or, if there is no trunk, in an area not normally occupied by the driver or passengers, not including a utility or glove compartment. It must also say the drinks may not be consumed in public or anywhere open containers are prohibited. ABC provides the exact wording and a printable version. Because many orders are placed online, the sign belongs on the online ordering page as well as near the pickup counter.
What counts as a meal
The law ties the meal requirement to ABC’s July 5, 2020 guidance, “What is required to be considered a ‘meal’?” The practical takeaway is that a token snack is not enough. A to-go cocktail should accompany real food ordered for the same party, and the two-drink-per-meal limit should be built into the point-of-sale system so a cashier does not have to calculate it during a rush.
Opened drinks and leftovers
Two situations come up often. First, ABC says that if a packaged to-go drink is opened by a customer before leaving the premises, the licensee is responsible for ensuring it does not leave. Second, partially consumed drinks, such as a cocktail ordered while dining in, cannot be packaged to go under this law. A guest who asks to “pour the rest of my margarita into a cup” should get a polite no.
Delivery apps and the most common mistake
The most common compliance problem is assuming that a drink that can be picked up can also be delivered. It cannot. ABC states that delivery of the beverages authorized by section 23401.5 is expressly prohibited, whether by the licensee or a third party. A restaurant that lists house cocktails on a delivery app menu is inviting a violation.
Our earlier guide on alcohol delivery and ID checks covers the separate rules for delivering products that may legally be delivered. For to-go cocktails, the rule is short: pickup only.
The pickup counter is an ID checkpoint
Under section 23401.5, the person who placed the order must pick it up and present identification. That turns the takeout shelf into an ID checkpoint, and it is often staffed by a host, busser, or newer employee rather than a bartender. Every person who hands out orders should know:
- Which orders contain alcohol, flagged clearly on the ticket and bag.
- That the ID must match the name on the order.
- That a friend, rideshare driver, or delivery courier cannot collect the drinks.
- How to refuse calmly and refund or remove the drinks.
- That a visibly intoxicated customer cannot be sold alcohol, at the table or the takeout counter.
Those are the same skills Responsible Beverage Service training builds. A takeout cashier who furnishes alcohol is serving alcohol, and many restaurants put their pickup staff through RBS training even when the role does not look like bartending.
A Friday night scenario
A family-style Mexican restaurant with a Type 47 license takes an online order for four enchilada plates and four margaritas. The system flags the order: four meals allow up to eight house-packaged drinks, so the margaritas are fine. The bartender measures each pour, seals the cups with tamper-evident lids, and adds alcohol labels. At pickup, the host asks for the ID of the person named on the order. The customer’s teenage son came instead. The host explains that the drinks can only go to the person who ordered them, refunds the margaritas, and sends the food. The family is mildly annoyed. The restaurant keeps its license clean. That is the trade the law expects every licensee to make.
Packaging and labeling in practice
Sealing is the requirement operators most often get wrong. A standard lid with a straw hole is not designed to prevent consumption without breaking a seal. Restaurants generally use tamper-evident lids, heat-sealed cups, or sealing stickers across the lid, together with a label stating that the container holds alcohol. Measure pours with a jigger so the 4.5-ounce cap is never in doubt, and print the alcohol notice directly on the label.
Local concerns and conditions
Under section 23401.5, ABC may impose conditions restricting or prohibiting these sales on a showing of good cause, which includes a written request from local law enforcement or a local governing body. A licensee has 10 days to petition to remove or modify such a condition, and otherwise must wait a year. Operators in nightlife districts, including cities that adopted open-container entertainment zones, should expect local scrutiny of to-go sales near crowded streets.
A summer rollout checklist
- Confirm your license type, privileges, and operating conditions allow off-sale.
- Submit the ABC notification before selling house-packaged drinks.
- Post the warning sign at pickup and online.
- Buy tamper-evident containers and alcohol labels.
- Program the two-per-meal limit into your ordering system.
- Remove house cocktails from delivery menus.
- Train pickup staff on ID checks and refusals.
Current context as of November 8, 2026
After this article was written, the sunset date changed. ABC’s October 23, 2026 advisory reports that on September 30, 2026, Assembly Bill 2663 (Rogers, Chapter 829, Statutes of 2026) was signed into law, extending section 23401.5 until December 31, 2029. The chaptered text states the bill took effect immediately as an urgency statute. The core conditions described above, including the meal requirement, the two-drink limit, the 4.5-ounce cap, the sealed container, pickup with ID, and the delivery ban, remain in the amended section.
The bottom line
Cocktails to go remain a legitimate tool for California restaurants, but only on the law’s terms. Notify ABC, seal and label every drink, attach it to a real meal, keep it off delivery apps, and treat the pickup counter as seriously as the bar.
Every Pickup Is a Service Moment
ID checks happen at the takeout counter too. ServeTrain’s ABC-approved online RBS course helps California servers, hosts, and managers serve responsibly. Before enrolling, register or log in to your RBS Portal account with ABC and confirm your chosen course appears in the portal’s training provider search.
Sources
- ABC: Expanded Alcohol To-Go Requirements and Guidelines
- ABC: Sales of Alcoholic Beverages To-Go
- AB 2663 (2026), BPC 23401.5 (current note)
- ABC: Cocktails To-Go Laws Extended Temporarily (Oct. 23, 2026, current note)
This article is general information, not legal advice.
