On May 26, 2022, the California State Senate unanimously passed Senate Bill 846 to expand the sale and delivery of to-go cocktails with a 32-0 vote. SB 846 would expand a 2021 law (SB 389), which allowed the sale of to-go alcoholic beverages along with a food order. 

SB 846 removes the meal requirement, meaning that consumers could order cocktails and other alcoholic beverages without needing to order a meal.  It also applies to bars, not just restaurants. The bill also expands regulatory oversight into these delivery orders by Alcoholic Beverage Control (“ABC”).  Before making a sale under SB 846, the restaurant or bar would need to have the purchaser affirming that both the purchaser and recipient are at least 21 years old. 

Senator Bill Dodd, one of the co-authors of the bill stated in a press release that: “After testing the waters last year, we find there is strong consumer demand for greater flexibility in the sale of take-out cocktails. Not only is it good for the consumer but it’s a lifeline for small, local businesses struggling to maintain payrolls and keep the doors open. In light of surging new variants, it’s clear both customers and restaurants need more choices to stay safe and get what they want.”

The bill will now move to the California State Assembly, where it is expected to pass with bi-partisan support.