The After Hours: Cocktails-To-Go Bill Urgently Awaits Newsom

CALIFORNIA — Of the hundreds of bills awaiting Gov. Gavin Newsom’s signature, only one would extend cocktails to-go.

California temporarily permitted cocktails to-go during the COVID-19 pandemic to help businesses stay afloat let customers add a glass of wine and cocktail to their take-out order.

The legislation, AB 2663, would allow restaurants to continue selling cocktails to-go until 2029, preventing authorization from expiring on Dec. 31.

Lawmakers sent the final version of the pandemic-era measure to Newsom without a single "no" vote marked urgent to prevent the authorization from expiring.

“Adult consumers in California are one step closer to enjoying cocktails to-go for another three years,” Adam Smith, vice president of state government relations at the Distilled Spirits Council of the United States, said in a statement.

“What began as a lifeline for neighborhood restaurants has become a convenient, popular option for consumers,” Smith said.

“Extending cocktails to-go allows local businesses to continue meeting customer demand while giving adults more flexibility to enjoy restaurant-quality cocktails at home. We thank the Legislature for its support and urge Governor Newsom to sign this legislation.

California Sen. Bill Dodd was behind the original 2021 legislation.

'Critical legislation'

Assemblyman Chris Rogers, a former Santa Rosa city councilmember and city mayor, authored the current assembly bill.

Rogers said the "critical legislation" in 2021 has provided a critical and reliable source of revenue for California’s hospitality industry, especially small family-run businesses that adapted to evolving consumer preferences and ongoing economic challenges.

He said the policy helps small businesses earn money while requiring sealed containers, drink limits, and in-person age checks. They say it has not caused significant public safety problems.

Co-sponsors include Anamarie Avila Farias, former vice mayor of Martinez and a Contra Costa County Board of Education trustee; John Harabediana, prosecutor at the Los Angeles District Attorney’s Office; the former tight end for Cal State Fresno, David Tangipa; and former San Francisco supervisor, Scott Wiener, who is running for U.S Rep. Nancy Pelosi’s seat.

If Newsom signs AB 2663, the temporary authorization will continue until 2029.

Louisiana, Georgia, and Tennessee can walk the streets with a to-go cocktain in an open container.

California by contrast is meant for a drink and a meal to-go.

The bill allows restaurants to keep selling cocktails to-go in manufacturer-sealed containers, including cans and bottles, or in containers with secure, sealed lids. Restaurants must sell the cocktails with a meal.

Since the pandemic began, 32 states — some of them formerly dry — and the District of Columbia have made their COVID-era cocktails-to-go laws permanent.

California, New Jersey, and New York continue to allow the option temporarily.

New York’s authorization expires April 9, 2030, while New Jersey’s expiration remains undetermined.

The After Hours is a recurring column, written by Patch Editor Angela Woodall, where she will share her opinions on all things that happen after hours. The opinions expressed are her own.