Soju, Shochu, and Lunar New Year: What AB 416 Means for Beer and Wine Restaurants

Updated November 8, 2026. This article was written in early February 2024, shortly after AB 416 took effect and ahead of Lunar New Year on February 10, 2024. It relies on ABC’s published summary and the statute. It is general information, not legal advice.

A new bottle on the beer-and-wine menu

For years, Korean restaurants in California with a beer and wine license have been able to serve soju alongside beer and wine. Starting January 1, 2024, Japanese restaurants and others with similar licenses gained a parallel option: shochu. The change came from AB 416 (Muratsuchi, Chapter 653, Statutes of 2023), which amends Business and Professions Code section 23398.5.

The timing matters for many operators. Lunar New Year falls on February 10, 2024, and many restaurants plan banquet menus, family-style meals, and group celebrations around it. This guide explains what AB 416 allows, what it does not, and how to add soju or shochu to a menu without creating new service risks.

What the law says

According to the California Department of Alcoholic Beverage Control (ABC) summary of 2023 chaptered legislation, AB 416 establishes the same exception for shochu that already existed for soju. Specifically, an on-sale license with wine privileges, such as a Type 41 (on-sale beer and wine for a bona fide public eating place) or Type 42 (on-sale beer and wine for a public premises) license, may also sell shochu.

The law describes shochu as an imported Japanese distilled spirit up to 24 percent alcohol by volume that is derived from agricultural products. ABC’s summary also explains how it applies the soju exception:

• The exception applies to soju imported from any country, not solely Korea.
• It does not apply to soju made in the United States.
• Imported product may be bottled in the U.S. as long as no other treatment occurs.
• Products labeled as a mix of soju and shochu qualify if they meet the import requirement and the alcohol limit.

ABC says the same interpretation will apply to shochu. ABC notes that its summaries are not regulatory, so operators should read the statute or consult counsel before relying on the privilege.

What it does not allow

AB 416 is narrow. It does not turn a beer and wine license into a full spirits license. A Type 41 restaurant still cannot serve vodka, whiskey, gin, or other distilled spirits. It also cannot serve a shochu or soju product that exceeds the 24 percent limit or that does not meet the import requirement.

This creates a practical problem: some products on the market look similar but do not qualify. Bottles of domestic soju, higher-strength shochu, and flavored products made by mixing spirits with other ingredients may fall outside the exception. Operators should confirm with their distributor that a product qualifies, keep the product information on file, and avoid assuming that anything labeled soju or shochu is allowed.

Cocktails and mixed drinks

Many restaurants serve soju in mixed drinks, such as with fruit juice or beer, and may want to do the same with shochu. AB 416 is about which product a licensee may sell, not about how it may be served. Operators who want to create shochu cocktails should make sure every ingredient is within their license privileges. A drink combining shochu with a liqueur or other spirit would not fit within a beer and wine license.

Mixed drinks can also make strength harder to judge. A pitcher of soju mixed with beer or juice can contain more alcohol than guests expect, and a group sharing pitchers may not keep track of how much each person has had. That leads to the service questions below.

Strength and serving sizes

Soju and shochu sit between wine and most spirits in strength. Many soju products are under 20 percent alcohol by volume, and qualifying shochu can be as high as 24 percent. That is roughly twice the strength of a typical table wine. A bottle shared among a few guests can add up quickly.

Restaurants adding these products should:

• Train servers on the alcohol content of each product on the menu.
• Describe serving sizes on the menu, such as glass, carafe, or bottle.
• Watch for tables that order bottles quickly or move from one bottle to the next.
• Offer water and food with every order.

Our article on tasting menus, wine pairings, and flights discusses how pours add up over a long meal, which applies to paired shochu menus as well.

Lunar New Year service

Lunar New Year celebrations often mean large family groups, multiple generations at one table, and long meals with many courses. That creates a few service situations worth planning for.

Mixed-age tables

Family banquets often include teenagers and young adults. When a table orders bottles to share, servers need to know who is drinking. Under section 25658, it is unlawful to sell or furnish alcohol to anyone under 21, and an adult who passes a glass to a minor can also be in violation. Servers should place glasses only for guests who have been checked, and keep an eye on glasses moving around the table.

Toasts

Celebratory toasts are common. Offering a nonalcoholic option for toasts lets younger guests, designated drivers, and anyone who prefers not to drink participate fully.

Large parties and pacing

Long meals spread drinking over time, but large parties can also make it harder to notice one guest who is drinking much more than others. Assign a server to each large table and check in between courses.

Checking IDs respectfully

Some servers hesitate to card guests at family celebrations because it can feel awkward. A consistent, polite approach helps. Tell the table that the restaurant checks IDs for everyone who orders alcohol and appears under the age set in your house policy. Most guests understand when the policy is applied the same way to everyone.

Servers should be familiar with what a valid ID looks like and what to do when a guest presents an unfamiliar foreign ID or passport. Our guide to mobile IDs and age verification covers which forms of identification servers can accept.

Recognizing intoxication across a long meal

Signs of intoxication can be easier to miss during a lively banquet. Servers should look for changes over time: louder speech, slower reactions, spilled drinks, or a guest who becomes unusually argumentative. Under section 25602, licensees may not sell or furnish alcohol to an obviously intoxicated person. If a guest shows signs, stop service to that guest privately and involve a manager if needed.

Practical steps for adding shochu

1. Confirm your license type. The exception applies to on-sale licenses with wine privileges, such as Type 41 and Type 42.
2. Verify each product. Ask your distributor to confirm that the product is imported, within 24 percent alcohol, and otherwise meets the law.
3. Keep records. File product information so you can show what you are serving.
4. Update the menu. List alcohol content or serving sizes where practical.
5. Train staff. Explain the difference between qualifying products and spirits you cannot serve.
6. Review cocktails. Make sure every ingredient fits your license.

A scenario at a family banquet

A party of twelve celebrates Lunar New Year at a restaurant with a Type 41 license. The host orders two bottles of shochu for the table. The server checks IDs for everyone who will be drinking and places glasses only for those guests. A cousin who is 19 asks for a glass, and the server politely offers a sparkling tea instead. Later, the server notices one guest refilling quickly and offers water and another dish before bringing more alcohol. The meal continues without incident, and the family books again for next year.

Menu language that helps guests

Guests who are new to soju or shochu may not know how strong it is. A short menu note can help: list the alcohol by volume for each product, describe a standard pour, and suggest pairing with food. Some restaurants describe a bottle as best shared by a specific number of guests. Clear menu language supports servers, who can point to it when a table orders quickly, and it helps guests make informed choices without feeling lectured.

Servers can also describe how a product is traditionally enjoyed. Soju is often sipped in small glasses over a long meal with food, and many shochu styles are served with water or ice. Framing the drink around food and conversation encourages a slower pace than ordering rounds.

Training points for the preshift meeting

• Which soju and shochu products on our menu qualify, and why some similar products do not.
• The alcohol content of each product and the standard pour.
• Our ID policy for family tables, including who receives a glass.
• How to offer nonalcoholic toasts and water with every bottle.
• When to check in with a large table and how to slow service privately.
• Who to call when a guest needs to be refused.

A ten-minute briefing before a holiday weekend helps staff feel confident, especially new hires who may not have served these products before.

Records worth keeping

Keep the distributor’s product information for each soju and shochu you sell, including country of origin and alcohol content, along with your staff training records. If a question about a product arises, the paperwork shows what you relied on.

Those records also help when staff change, because a new manager can see at a glance which products were approved and why.

Frequently asked questions

Can a Type 41 restaurant serve shochu cocktails?

It can serve qualifying shochu, but every ingredient in a cocktail must be within the license’s privileges. Adding a spirit or liqueur would not fit a beer and wine license.

Does domestic soju qualify?

According to ABC’s interpretation, the soju exception does not apply to soju made in the United States.

Is shochu stronger than soju?

It can be. Qualifying shochu may be up to 24 percent alcohol by volume, and products vary.

Current context as of November 8, 2026

As of this update, ABC’s 2023 chaptered legislation summary still describes AB 416 as summarized above. Operators should check the current text of section 23398.5 and any newer ABC guidance before adding products, since product definitions and interpretations can be refined over time.

The bottom line

AB 416 gives beer and wine restaurants a new option for menus and celebrations. Operators who verify products, train staff on strength and serving sizes, and check IDs consistently at family tables can add shochu responsibly.

Sources

1. ABC: 2023 Chaptered Legislation
2. California BPC 23398.5
3. California BPC 25658
4. California BPC 25602
5. ABC: Responsible Beverage Service (RBS) Program

This article is general information, not legal advice.