Craft Distillery Tasting Rooms in 2026: The 4.5-Liter Limit and the New Type 94 Shipping Permit

Updated November 8, 2026. This article was first written on January 2, 2026, the second day that AB 1246’s craft distiller changes were in effect. It describes the law and ABC guidance as they stood then. Later developments are kept separate in the “Current context” section near the end. It is general information, not legal advice.

A bigger bottle allowance starts with the new year

For California craft distilleries, January 1, 2026 brought a change that is easy to describe and easy to get wrong at the register. A licensed craft distiller may now sell a consumer up to the equivalent of 4.5 liters a day of its own spirits, in any combination of prepackaged containers, at its licensed premises. Until December 31, the limit was 2.25 liters.

The change comes from Assembly Bill 1246 (Hoover, Chapter 295, Statutes of 2025), approved by the Governor on October 3, 2025. The same bill created a new direct shipper permit for craft distillers that ship spirits to consumers and kept the shipping privilege alive for one more year. ABC’s November 3, 2025 industry advisory explains how the department is implementing both pieces.

Our 2024 article on craft distiller direct shipping under AB 3203 covered the previous extension. This guide focuses on what has changed on the tasting room floor and in the shipping room this month, and on the responsible service habits that both depend on.

The on-site limit: 4.5 liters per consumer per day

Business and Professions Code section 23504, as amended by AB 1246, now reads that a licensed craft distiller “may sell up to the equivalent of 4.5 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured or produced by the licensee at its premises to a consumer.”

ABC’s advisory restates the rule for Type 74 licensees: beginning January 1, 2026, a Type 74 licensee may sell a consumer of legal age, at its premises, up to the equivalent of 4.5 liters a day of distilled spirits manufactured or produced by the licensee. The advisory adds a point staff should hear clearly: this amount is different from what may be shipped directly to consumers under section 23504.5.

Three features of the rule matter in practice:

• It is per consumer, per day. The limit follows the person, not the transaction. A guest who buys two bottles in the morning and returns in the afternoon is still subject to one daily total.
• It counts volume, not bottles. Six standard 750-milliliter bottles equal 4.5 liters. A mix of sizes must be added up.
• It covers only the licensee’s own spirits. The section applies to spirits manufactured or produced by the licensee.

Making the cap work at the register

A per-person daily limit is only as good as the system that tracks it. For a small tasting room, that system can be simple:

1. Program the point-of-sale system. Many systems can show total volume per sale. If yours can, set an alert when a single sale approaches 4.5 liters.
2. Use a conversion card at the register. List each bottle size you sell and how many make up 4.5 liters. Staff should not have to do mental math during a rush.
3. Watch for repeat visits. Groups sometimes split purchases or return later in the day. Train staff to notice and to ask politely.
4. Write the policy down. A short written rule, posted behind the counter, protects staff who have to say no.

The doubled limit makes larger single purchases legal. It does not change the obligation to check identification and to refuse sales to anyone under 21 or obviously intoxicated.

Tasting rooms are still bars

For staff, the bigger risk is not the bottle count. It is the combination of tastings and retail sales in the same visit. A guest who has finished a flight and then buys several bottles is a guest whose condition needs a second look before the sale.

The same responsible beverage service skills apply in a distillery as in any bar: confirm age with bona fide identification, track how much each guest has had, slow down a guest who is drinking quickly, and refuse service to anyone who is obviously intoxicated. Spirits tastings concentrate alcohol into small pours, so a guest can reach impairment faster than the number of glasses suggests. Our article on enforcement pressure on tasting rooms explains why tasting venues get the same scrutiny as bars.

The new Type 94 direct shipper permit

AB 1246 also rewrote section 23504.5, the craft distiller shipping law. Starting January 1, 2026, a licensed craft distiller, or a qualifying out-of-state distiller, must hold a current distilled spirits direct shipper permit from ABC before shipping spirits it manufactured or produced directly to California consumers. ABC calls it the Type 94 permit.

The statute keeps the core shipping conditions, which ABC’s advisory lists:

• No more than the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer, solely for personal use and not for resale.
• Adequate records of shipments, provided to ABC on request.
• The common carrier must obtain the signature of a person 21 or older before delivery.
• Containers must be conspicuously labeled “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
• No shipments while the permit holder’s license is suspended, according to ABC.

The permit itself carries obligations under section 23504.5(b): an application, fees matching those for a Type 82 direct shipper permit, license information, consent to audits, and consent to the jurisdiction of ABC and California courts. ABC’s advisory lists the cost as a $125 application fee and a $30 permit, and says it planned to begin accepting applications on December 15, 2025, through district offices or with forms printed from its website.

Shipping without a permit has consequences. Section 23504.5(d) makes it a misdemeanor to knowingly make, participate in, transport, import, or receive a shipment from a person without a current permit. ABC also notes that unpermitted shipping may expose a manufacturing license to discipline, including suspension or revocation.

Two numbers, two channels

The most common mistake this year is likely to be confusing the two limits. The table below is the version to post in the back office:

• Sold at the distillery to a consumer in person: up to 4.5 liters per consumer per day (section 23504).
• Shipped directly to a consumer under a Type 94 permit: up to 2.25 liters per consumer per day (section 23504.5).

A guest who buys 4.5 liters in person and then asks to have more shipped home the same day should be handled carefully. The two rules are separate, and the shipping limit applies on its own terms. When in doubt, ask ABC before completing the order.

A one-year window

AB 1246 did not make shipping permanent. Section 23504.5(f) says the section remains in effect only until January 1, 2027, and is repealed as of that date. ABC’s advisory puts it plainly: the direct shipper authorization is scheduled to repeal on January 1, 2027, and any Type 94 permit issued “will only be valid for calendar year 2026.” ABC adds that the Legislature may extend or modify the law before then.

The on-site 4.5-liter limit in section 23504 does not carry that sunset in the bill text. It is the shipping privilege that is on a one-year clock.

For distilleries that rely on shipping, that means planning 2026 as a year with an expiration date: watching the Legislature, keeping shipping records clean, and preparing for the possibility that direct shipping stops at the end of the year.

Shipping and the age check at the door

Shipping moves the age check from the counter to a doorstep. The law puts that check in the hands of the carrier, which must get an adult signature. But the distillery chooses the carrier, packs the box, and keeps the records. Practical controls include:

• Use only carriers that offer adult signature services, and select that option on every alcohol shipment.
• Apply the required label to every box.
• Verify the purchaser’s age at the time of order, not only at delivery.
• Keep a record of every shipment: date, consumer, volume, carrier, and tracking.
• Stop shipping immediately if the license is ever suspended.

Our guide to alcohol delivery ID checks covers the doorstep side of these controls in more detail.

Other AB 1246 changes worth knowing

AB 1246 also allows winegrowers to possess and transport brandy to store and age it on the winegrower’s premises, and lets craft distillers transport brandy to and from a licensed winegrower’s premises for that purpose. Those are production changes rather than service changes, but distilleries that partner with wineries should confirm how they affect any storage arrangement.

A January checklist for distilleries

1. Update the point-of-sale system or register card for the 4.5-liter on-site limit.
2. Train tasting room staff on the difference between the on-site and shipping limits.
3. Confirm that every server and manager has current responsible beverage service certification.
4. Apply for, or confirm receipt of, a Type 94 permit before shipping any spirits to consumers.
5. Audit shipping labels, carrier settings, and recordkeeping.
6. Calendar the January 1, 2027 repeal date for the shipping privilege and assign someone to follow any legislation.

Current context as of November 8, 2026

On August 7, 2026, CalMatters reported that efforts to make craft distiller direct shipping permanent had stalled in the Legislature, that the extension then in place was set to expire, and that some distillers had already begun pulling back on shipping. The article quoted Assemblymember Josh Hoover as saying he did not have “a lot of hope” of salvaging the provision that year. The article reported opposition from wholesalers and distributors, the wine industry, and the Teamsters; a Teamsters lobbyist said the union wanted shipments handled by established carriers with employee drivers and standards to ensure legal delivery. As of this update, the AB 1246 text we read still provides that section 23504.5 is repealed on January 1, 2027, and ABC’s advisory still describes Type 94 permits as valid only for calendar year 2026. Distillers should confirm with ABC before shipping in December and before planning any 2027 shipments.

The bottom line

AB 1246 doubles what a craft distillery can sell a guest in person, adds a permit for shipping, and keeps shipping on a one-year clock. Teach staff the two numbers, check every ID, watch guests who taste before they buy, and treat 2026 shipping as a privilege with an end date.

Sources

1. AB 1246 (Hoover, Chapter 295, Statutes of 2025), bill text
2. ABC Industry Advisory: Craft Distiller Direct Shipper Permit (Nov. 3, 2025)
3. CalMatters: California craft liquor delivery is about to go away (Aug. 7, 2026; current note)

This article is general information, not legal advice.