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 Bill Text - AB-2663 Alcoholic beverages: retail on-sale license: off-sale privileges.

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 |Add To My Favorites |Track Bill | Version: 06/10/26 - Amended Senate
 04/13/26 - Amended Assembly
 03/16/26 - Amended Assembly
 02/20/26 - Introduced

 AB-2663 Alcoholic beverages: retail on-sale license: off-sale privileges.(2025-2026)

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 Date Published: 06/10/2026 09:00 PM

AB2663:v96#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 10, 2026

 Amended
 IN 
 Assembly
 April 13, 2026

 Amended
 IN 
 Assembly
 March 16, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2663

Introduced by Assembly Member Rogers
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Ávila Farías, Harabedian, and Tangipa)

February 20, 2026

An act to amend Section 23401.5 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 2663, as amended, Rogers.
 Alcoholic beverages: retail on-sale license: off-sale privileges.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses.

Existing law, until December 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to sell distilled spirits in manufacturer-prepackaged containers and alcoholic beverages other than beer that are not in manufacturer-prepackaged containers for off-sale consumption if specified conditions are met.

This bill would extend those provisions until December 31, 2031.
 2029.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

 Vote:
 2/3 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 23401.5 of the Business and Professions Code is amended to read:

23401.5.

 (a) Notwithstanding any other law to the contrary, the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, may exercise the following rights and privileges subject to the requirements of this section:

(1) The licensee may sell the distilled spirits for off-sale consumption for which their license permits on-sale consumption provided the beverages are in manufacturer-prepackaged containers and ordered and picked up by the consumer in compliance with subdivision (b).

(2) In addition to the privilege provided by paragraph (1), the licensee may sell the alcoholic beverages, except beer, for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer-prepackaged containers if the following conditions are met:

(A) The alcoholic beverages are packaged in a container with a secure lid or cap sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal.

(B) Wine is sold only in single-serve containers. For purposes of this subparagraph, “single-serve containers” means containers that have a standard of fill between 187 milliliters and 355 milliliters that is authorized for wine
 under Section 4.72 of Title 27 of the Code of Federal Regulations.

(C) Mixed drinks and cocktails sold for off-sale consumption
 pursuant to the authorization granted by this section shall not exceed four and one-half ounces of distilled spirits.

(D) Alcoholic beverages sold pursuant to this paragraph shall be sold in conjunction with a bona fide meal, and shall be limited to two such drinks per bona fide meal. For purposes of this requirement, a “bona fide meal” shall conform to the guidance issued by the department on July 5, 2020, entitled “What is required to be considered a ‘meal’?,” available on the department’s internet website.

(E) The container is clearly and conspicuously labeled or otherwise identified as containing an alcoholic beverage.

(F) (i) The following warning sign is post