Additionally, these beverages shall not be consumed in public or in any other area where open containers are prohibited by law.” This does not include a utility compartment or glove compartment (see Vehicle Code Section 23225). “Alcoholic beverages that are packaged by this establishment are open containers and shall not be transported in a motor vehicle except in the vehicle’s trunk or, if there is no trunk, the containers shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. In addition to other requirements, licensees selling nonmanufacturer-sealed alcoholic beverages to-go must post a notice that states the following: A nonmanufacturer-sealed container is considered an “open container” if transported in a motor vehicle. A nonmanufacturer-sealed container (to-go) is a container filled by the retail licensee that has a secure lid or cap that is sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal. Similarly, no alcoholic beverages may be consumed on the licensed premises between the hours of 2 AM and 6 AM, or as otherwise limited by a condition on the license.Ī manufacturer-sealed container is a container, such as a bottle or can, that is filled and sealed by the manufacturer of the alcohol. For example, if the MEHK is licensed to sell beer and wine, no distilled spirits are permitted on the premises (except for brandy, rum, or liqueurs used solely for cooking purposes) at any time. Even though MEHKs are operated in peoples’ homes, if an ABC license is obtained, they must comply with the laws applicable to the license issued. This means that you are required to comply with the laws applicable to licensed businesses at all times, in the same manner as other licensees and licensed locations (such as “regular” bars or restaurants). If you do choose to obtain an ABC license, you need to understand that the premises is licensed all the time, 24/7/365. In addition, if a MEHK is approved for an ABC license, the Department may include conditions that could restrict the operation of the business beyond those statutory requirements. The ABC Act requires licensees and licensed locations to comply with many statutory provisions. As indicated, the Department will evaluate each application on a case-by-case basis. This does not mean, however, that every such business will be approved for such a license. In addition, the premises must have “suitable kitchen facilities” and “conveniences for cooking an assortment of foods which may be required for ordinary meals.” Given the statutory requirements for the operation of a MEHK, it is possible that such businesses may be eligible to hold a license issued by ABC. Some of the requirements are that the business be “kept open for the serving of meals to guests” in a regular and bona fide manner. However, in addition to other things, a business operating a restaurant, such as in the case of a MEHK, must minimally meet the requirements of operating a “bona fide eating place.” The general requirements for this may be found in Business and Professions Code Section 23038. There are a number of factors involved, so it is not possible to determine whether any particular person or location may be eligible to hold a license prior to the completion of the investigation or, often, an administrative hearing. Whenever an application for an ABC license is made, the Department conducts an investigation to determine if both the person and the location meet the necessary licensing requirements. If the City Council or Board of Supervisors does not decide within 90 days, ABC may issue the license if the applicant shows ABC that issuance would serve public convenience or necessity. In the case of number 4, the City Council or Board of Supervisors has 90 days to determine this and notify ABC.
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