Patio Season 2023: COVID-Era Outdoor Alcohol Authorizations on the Clock

Updated November 8, 2026. This article was written in late May 2023 and reviewed as of this update. It describes COVID-era temporary patio authorizations as the law stood in 2023. A labeled section at the end notes what changed later. It is general information, not legal advice.

The patio that started as a pandemic fix

In 2020, many California restaurants and bars moved tables into parking lots, onto sidewalks, and into closed-off streets. To make alcohol service possible in those spaces, the California Department of Alcoholic Beverage Control (ABC) created the COVID-19 Temporary Catering Authorization, which let licensees temporarily expand their licensed area. Three years later, many of those patios are still busy, and summer 2023 is shaping up to be another strong season for outdoor dining.

But a temporary authorization is still temporary. The statewide COVID-19 state of emergency ended on February 28, 2023, and that date started a clock under state law. This guide explains how the temporary authorization works, what the 2021 law said about its end, and how to run outdoor service safely while the clock runs.

What the temporary authorization allows

According to ABC’s ABC-218 CV19 instructions, the COVID-19 Temporary Catering Authorization was intended to help hospitality businesses reopen consistent with health directives by temporarily expanding their licensed area. Any licensee with on-sale privileges could qualify, and a Type 58 caterer’s permit was not required.

ABC said the authorization covers on-site consumption of the alcoholic beverages a licensee already has on-sale privileges for, on property adjacent to the licensed premises and under the licensee’s control. Examples listed by ABC include outdoor areas accessible from the premises, parking lots, and sidewalks or thoroughfares closed to public access during service. Applicants submitted Form ABC-218 CV19 with a supplemental diagram, and ABC said the authorization could be canceled immediately if violations occurred in the temporary area.

What SB 314 said about the end

In 2021, the Legislature passed SB 314 (Wiener), which added Business and Professions Code section 25750.5. Under the bill text:

• For 365 days after the end of the state of emergency proclaimed on March 4, 2020, ABC may allow licensees to exercise license privileges in an expanded area authorized under a COVID-19 Temporary Catering Authorization.
• ABC may extend the authorization beyond 365 days if the licensee has filed an application for permanent expansion of its premises before the 365-day period expires.
• ABC may summarily rescind the relief if a licensee abuses it or jeopardizes public health, safety, or welfare.
• The section remains in effect only until July 1, 2024.

Senator Scott Wiener’s office described the law as giving businesses a one-year grace period after the emergency order is lifted to apply for a permanent expansion. With the emergency ending February 28, 2023, that 365-day window runs to roughly the end of February 2024.

What that means for summer 2023

For most operators, summer 2023 is the season to decide whether to make the patio permanent. A permanent expansion usually involves an application to ABC, a revised premises diagram, and approvals from the city or county, which may have their own permit timelines for sidewalks, parking lots, and streets. Waiting until early 2024 leaves little time if local permits or ABC review take longer than expected. Talk with your local ABC district office and your city’s permitting office early.

Running a patio responsibly

A patio is part of the licensed premises while it is authorized, and every rule that applies indoors applies outside.

Know the boundaries

The approved diagram defines where alcohol may be served and consumed. Guests should not carry drinks past it. Use planters, rope lines, or fencing to mark the edge, and post staff where the patio meets the sidewalk. A drink that leaves the boundary is a problem for the business, not just the guest.

Watch the crowd you cannot see

Outdoor areas are harder to monitor. Servers may be farther from the bar, and managers may not see the patio from inside. Assign specific servers to the patio and schedule a manager to walk it regularly.

Check IDs outside too

Patios attract walk-up guests who never pass a host stand. Make sure servers check ID at the table for anyone who appears under the house threshold. Business and Professions Code section 25658 applies on every inch of the licensed area. For a refresher, see How to Check IDs in California.

Heat and pacing

Summer sun and alcohol are a difficult combination. Guests who are hot and dehydrated may show signs of intoxication sooner. Keep water flowing, offer shade, and watch guests who have been outside for hours. Section 25602 prohibits serving an obviously intoxicated person, indoors or out.

Neighbors and noise

Outdoor seating brings guests closer to homes and other businesses. Noise, crowds, and late-night activity can lead to complaints and objections from local law enforcement, which ABC listed as a reason an authorization could be canceled. Keep music at reasonable levels, manage closing times, and clean up promptly.

Sidewalks, parking lots, and streets

Each type of space brings its own issues:

• Sidewalks: Keep a clear path for pedestrians and wheelchairs, as local rules require. Do not let tables spill beyond the approved area.
• Parking lots: Separate dining from traffic with barriers, and watch that guests do not drink in or near their cars.
• Closed streets and parklets: Confirm with the city when the street is closed to traffic and when it is not. Service should happen only during approved times.

Staff training for outdoor service

A short pre-season briefing can cover:

1. Where the licensed boundaries are and how to keep drinks inside them.
2. Who is responsible for monitoring the patio.
3. ID checks for walk-up guests.
4. Heat-related warning signs and pacing.
5. How to handle complaints from neighbors or passersby.

Every on-sale server and manager also needs Responsible Beverage Service (RBS) certification, required since July 1, 2022 and described on ABC’s RBS program page. Seasonal patio hires have 60 days from their first day to certify; see California’s 60-Day RBS Rule for New Hires.

Other parts of SB 314

The temporary patio provision was only one piece of SB 314. Senator Wiener’s office said the bill also made it easier for multiple licensed retailers to share commercial space with manufacturers, and raised the number of times a catering authorization may be used at one location from 24 to 36 per year. The bill text describes the limit as no more than 36 events in one calendar year at any one premises, except as specified. Operators who host food halls, shared courtyards, or recurring catered events should read those provisions closely, since they may offer options beyond a single restaurant patio.

Evening service and lighting

Summer evenings are long, but patios still get dark. Poor lighting makes it harder to check IDs, see who is drinking, and spot a guest who is unsteady on their feet. Before the season starts:

• Test lighting at the darkest hour of service, not in the afternoon.
• Add focused light at any point where staff check IDs.
• Make sure exits and the edge of the patio are clearly visible.
• Keep pathways clear of cords, heaters, and furniture.

Recording what happens outside

Incidents on a patio can be easy to overlook in a busy shift. Keep the same incident log for outdoor areas as for the dining room: refused service, refused IDs, disturbances, complaints from neighbors, and any contact with police. If ABC or the city later asks how the patio has been operating, a clear record of responsible management supports an application for permanent use. ABC’s model house policies include an incident log and other sample policies that work well outdoors.

Planning the decision

When deciding whether to make a patio permanent, consider:

• How much revenue the patio produces and in which months.
• Whether the city or county will allow permanent use of the space.
• The cost of permanent improvements such as fencing, shade, heating, and lighting.
• Staffing needs and whether you can monitor the area properly.
• Any complaints or incidents during temporary operation.

Some businesses decide that a smaller permanent patio is easier to manage than the full temporary footprint.

Since then: changes as of November 8, 2026

This section describes developments after this article’s original period. By its own terms, Business and Professions Code section 25750.5, added by SB 314, remained in effect only until July 1, 2024, and was repealed as of that date. Businesses that kept outdoor alcohol service after the temporary period needed a permanent expansion or another authorization. Check with ABC for any outdoor area today. For current context on extended hours and other late-night proposals, see Can California Bars Serve Until 4 a.m.?

Patio service on a busy Saturday

Consider a typical summer evening. The dining room is full, the patio is full, and a line of walk-up guests is forming on the sidewalk. A server assigned to the patio notices a guest at the edge carrying a glass toward the sidewalk and redirects him. A few minutes later she checks the ID of a young guest who sat down without passing the host stand. The manager walks the patio every half hour, notes a noise complaint from an upstairs neighbor, and turns down the speakers. None of these moments is dramatic, but together they are what responsible outdoor service looks like, and what ABC or a city would want to see when a business asks to keep its patio.

Seasonal patio staff should also know where the incident log is kept and how to reach the manager quickly.

Frequently asked questions

When did the COVID-19 state of emergency end?

California’s statewide COVID-19 state of emergency ended on February 28, 2023.

How long can a temporary patio authorization last?

Under SB 314, for 365 days after the emergency ended, with possible extension if a permanent expansion application was filed before that period expired.

Do RBS rules apply on the patio?

Yes. Servers on a licensed patio must meet the same RBS requirements as indoor staff.

Whatever you decide, put the decision and its deadlines in writing so the whole management team knows when applications and permits are due.

The bottom line

Pandemic patios became a favorite part of California dining, but their legal footing was temporary. Summer 2023 is the time to run outdoor service carefully, with clear boundaries, strong ID checks, and attention to heat and neighbors, and to decide whether to seek a permanent expansion before the window closes.

Sources

1. ABC: ABC-218 CV19 Instructions
2. SB 314 Bill Text (2021)
3. Senator Scott Wiener: Outdoor Dining Legislation Signed
4. California BPC 25658
5. California BPC 25602
6. ABC: Model House Policies
7. ABC: Responsible Beverage Service (RBS) Program

This article is general information, not legal advice.