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NA
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Category: Business Law
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Experience:  NA
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Hello, I have a pizza business in Rosemead, California.

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Hello,

I have a pizza business in Rosemead, California. We currently have alocohol license 41. I went to our local ABC office and they said I can fill up growlers or jugs of beer togo because my license allows it and section 23401 of their laws say I can. I read section 23401 many times and I am still not sure where it says I can fill up growlers for togo. My friend who own a brewery said I need to be careful and I should make labels for every growler I fill to detail what type of beer it is. Please let me know if I can go ahead and fill growlers for my customers to take out and enjoy at home.

LegalSolutions :

Hi, thank you for your question.

LegalSolutions :

It appears that your license differs from that of a brewery.

Customer:

Hello, I just need a little peace of mind that i can sell beer in growlers to go and I will still be operating within the laws

LegalSolutions :

23401 appears to expressly prohibit you from filling up growlers or jugs. According to the code: "None of the licensees mentioned in this section may, by reason of any license mentioned in this section, label, bottle, package, or refill any package with any alcoholic beverage."

LegalSolutions :

My understanding is that your license would technically allow you to sell growlers already pre-filled from a brewer who provides them to you--as along as they have the proper license.

LegalSolutions :

I believe the confusion is coming from the fact that some brewers have retail operations.

Customer:

okay. that makes sense. this answered my question. thanks

LegalSolutions :

They may have the right to fill growlers--even those of other breweries-- as long as they are properly labeled.

Customer:

when you speak of "they" that is the brewery?

LegalSolutions :

Yes, the brewery.

Customer:

ok. got it

LegalSolutions :

That was a quick question....anything else I can answer while you have me?

LegalSolutions :

On the same topic--no additional cost :)

Customer:

thanks!

Customer:

can i deliver beer to with pizza deliveries?

LegalSolutions :

I know your license allows sales to go. Let me double check if you can make deliveries.

Customer:

Also, can I allow to patrons to bring their own bottle of wine or beer?

Customer:

I need to leave work now. Is there some way i can receive your answers when i get home?

Customer:

I really wish there was some sort of unique concept I can do with my alcohol license.

LegalSolutions :

Sorry for the delay. I'll switch to Q&A and you can get the answers by email.

I did a little research and I'm not certain about your ability to deliver beer. I'd contact the ABC directly for confirmation on whether this is possible under your license.

Patrons are allowed to bring their own beer or wine to an establishment that has a 41 license-- but no distilled spirits.
Hi Brian,

If you have a minute to review/rate my answer so I can get credit for it I'd greatly appreciate it. If there's still something I have left unanswered please don't hesitate to let me know.

Best,
Mark
NA and other Business Law Specialists are ready to help you
Just checking in to see if I've answered your question completely. If so, could you please review/rate my answer so I can get credit for it?

If not, please don't hesitate to let me know what additional information I can provide to complete your answer.