California To-Go Cocktails Extended to 2029: AB 2663 and the Rules Every Order Must Follow

Updated October 2, 2026: This answer first went up on September 25, while AB 2663 was still waiting on the governor. The official record now shows the bill approved by the governor and chaptered by the Secretary of State on September 30, 2026, as Chapter 829, Statutes of 2026. The status, outcome and calendar sections below now reflect that. The order rules haven't changed.

California's to-go cocktail privilege has been extended. AB 2663 amends Business and Professions Code section 23401.5 so the section is operative until December 31, 2029, and is repealed as of that date. Before the bill, that date was December 31, 2026. AB 2663 is an urgency statute, and its text says it goes into immediate effect, so the extension didn't wait for January 1. Eligible restaurants can keep selling house-sealed cocktails and single-serve wine to go under the same conditions as before. The bill doesn't add delivery, new drink types or any privilege your license doesn't already have.

What changed on September 30

• The governor approved AB 2663 on September 30, and the Secretary of State chaptered it the same day as Chapter 829, Statutes of 2026.
• The Senate passed it 39–0 on August 24 and the Assembly 78–0 on August 25. It was presented to the governor on August 31.
• The only changes it makes to section 23401.5 are the end date (2026 to 2029), one hyphen and the urgency clause.
• Subdivision (f) now reads: "This section shall be operative until December 31, 2029, and as of that date is repealed."

Use the official bill status page and the chaptered bill text for the enacted law. On October 2, the state's online code section for 23401.5 still showed the old 2026 date and listed no 2026 amendment, so don't rely on that page alone yet.

What the extension means for your to-go program

• If you already sell house-sealed drinks to go and follow the rules below, the order itself doesn't change. The bill moves the end date, not the conditions.
• If you were planning to pull house-sealed drinks off menus before the end of 2026 because of the old date, you don't need to for that reason. Recheck the rules below instead.
• The new date works the way the old one did: the section is operative until December 31, 2029, and is repealed as of that date. Don't assume December 31, 2029 itself is a selling day. As that date gets closer, check for any later bill, and ask ABC or your own counsel what your license allows.
• The extension doesn't widen anything. House-sealed beer still isn't allowed, delivery is still prohibited, the drink and meal limits are the same, and you can only sell what your license already allows on-sale.

Who can use the privilege, and for which drinks

• Eligible: a holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, wine manufacturer or craft distiller that runs a bona fide public eating place at its production premises.
• Only what your license already allows on-sale. ABC puts it this way: "To sell distilled spirits or wine for off-site consumption, the licensee must have on-sale wine or distilled spirits privileges."
• House-sealed drinks (filled by you): any alcoholic beverage except beer, under the conditions in the next section.
• Manufacturer-prepackaged distilled spirits are covered by a separate paragraph. The customer who ordered must still pick them up in person and show ID, and delivery is still prohibited.
• Any operating condition on your license that restricts off-sale still applies. ABC says licensees in that position should ask their local district office about a condition modification. ABC can also impose conditions on a license for good cause.

The rules for every house-sealed drink

• Sealed: a secure lid or cap, sealed so that nobody can drink from it without breaking the seal.
• Wine in single-serve containers only. The statute defines these as containers with a standard of fill between 187 and 355 milliliters that is authorized for wine under 27 CFR 4.72. In that range, the authorized sizes are 187, 200, 250, 300, 330 and 355 mL. ABC's guidance gives the range as 6.3 to 12 ounces. Use one of the listed sizes rather than any cup that happens to fall in the range.
• Cocktails: no more than 4.5 ounces of distilled spirits per drink.
• With a bona fide meal, two drinks per meal at most. The statute says a bona fide meal must conform to ABC's July 5, 2020 guidance, "What is required to be considered a 'meal'?" That guidance looks at the overall food offering and a quantity suitable for a main course. It presumes snacks such as chips and side dishes such as fries do not qualify; substantial sandwiches or salads are assessed in context. ABC marks the advisory as archived, but section 23401.5 expressly refers to that dated guidance. Confirm borderline orders with ABC.
• Labeled: clearly and conspicuously identified as containing alcohol.
• Warning posted: the open-container warning must be displayed prominently on the premises, posted online, or presented however else is needed so the buyer sees it. ABC publishes it as form ABC-389-N. The required text begins: "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…"
• Pickup only: the customer orders online, by phone or in person, then picks up the order in person and shows a bona fide ID confirming their age and that they placed the order. The drink can't be ordered or picked up for delivery. ABC adds that delivery is "expressly prohibited, whether by the licensee or by any third-party delivery service."
• Notice first: before selling house-sealed drinks, tell ABC in writing through the Alcohol To-Go Notification Tool. You don't need to notify ABC if you sell only manufacturer-prepackaged containers.
• At the door: according to ABC, if a customer opens a to-go container before leaving, it can't leave the premises. A partly finished dine-in drink can't be packaged to go.

A worked example (fictional)

A pickup order has three entrées that meet ABC's meal guidance, and the guest asks for eight house margaritas. The limit is 3 meals × 2 = 6 house-sealed drinks, so two of the eight can't go out as house-sealed drinks on that order.

The house margarita uses 2 oz tequila and 0.75 oz spirit-based orange liqueur, for 2.75 oz of spirits, which is under the 4.5 oz limit. The code defines distilled spirits to include "all dilutions and mixtures thereof" (section 23005), so the cautious approach is to count every spirit-based ingredient by the amount poured, liqueurs included. A large-format spec with 4 oz tequila and 1 oz liqueur comes to 5 oz, so it can't be sold to go as written.

A house-filled 250 mL wine cup (about 8.5 oz) is an authorized single-serve size. A 500 mL carafe isn't single-serve.

A checklist for this week

1. Confirm your license type, on-sale privileges and any operating conditions.
2. Find your ABC notification confirmation. If you never filed one, file before selling house-sealed drinks.
3. Remove house-sealed drinks from every delivery marketplace menu and delivery order type. Keep them on pickup only.
4. Enforce two per meal. Use a POS rule if yours supports one; otherwise make it a counter check.
5. Recheck cocktail specs against 4.5 oz of spirits, and wine cup sizes against the authorized list.
6. Check seals, alcohol labels and the warning, both in the store and on the online ordering page.
7. Train the handoff: the ID must match the person who ordered, an opened container stays inside, and dine-in leftovers never go into to-go cups.
8. Update the calendar: take off December 31, 2026 as the end date, add December 31, 2029 (when section 23401.5 is repealed), and set a review date well before it to check for new legislation.

Limits of this answer

This covers California state law only. It isn't legal advice. Local rules and conditions on your specific license still apply, and a restaurant's license must still meet the state's definition of a bona fide public eating place (section 23038). Your ABC district office or your own counsel can confirm how the rules apply to your license.

Sources

• AB 2663 status and history (approved and chaptered September 30, 2026, Chapter 829, Statutes of 2026) and chaptered text, California Legislative Information
• ABC: Expanded alcohol to-go requirements and guidelines
• 27 CFR 4.72, metric standards of fill for wine (eCFR)
• Business and Professions Code section 23005 and section 23038