Gavin Newsom Signs Legislation Allowing California Restaurants to Keep Selling Cocktails To-Go Through 2029

Gavin Newsom, Governor of California, speaks during a press briefing Sept. 22 following a meeting on the sidelines of the UN General Assembly at the United Nations. (Photo: Michael Kappeler/picture-alliance/dpa/AP Images)

California restaurants and bars will be able to keep selling cocktails to-go through 2029 after Gov. Gavin Newsom signed legislation extending the state’s temporary program.

Newsom signed AB 2663 Wednesday, one day before the current authorization was set to expire at the end of 2026. The governor’s office confirmed the law will allow restaurants and bars to continue offering cocktails to-go.

The measure extends a policy first introduced during the COVID-19 pandemic, when California temporarily allowed restaurants to sell cocktails for off-premise consumption. Under AB 2663, restaurants can sell cocktails in manufacturer-sealed containers, such as bottles or cans, or in containers with secure, sealed lids.

Cocktails must be sold with a meal.

The extension gives California’s restaurants and bars another three years under the program rather than allowing the authorization to expire at the end of 2026.

“Adult consumers can continue to enjoy hand-crafted cocktails from their favorite restaurants in the comfort of their homes 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.

Smith said cocktails to-go have become part of the takeout experience and give restaurants another way to serve customers.

The governor’s office also described AB 2663 as a measure that gives Californians more flexibility and convenience while supporting restaurants and bars.

California is one of two states that continue to allow cocktails to-go on a temporary basis, according to DISCUS. New York is the other and currently has an authorization that runs through April 9, 2030.

The majority of states that adopted COVID-era cocktails-to-go measures have since made them permanent. Most recently was New Jersey in August. DISCUS lists 34 jurisdictions, including the District of Columbia, that have enacted permanent cocktails-to-go laws.

California’s new law keeps the policy temporary rather than making it permanent.

The extension comes as cocktails to-go remain a point of interest for restaurants and the broader alcohol industry, which have pushed states to preserve the flexibility introduced during the pandemic.