We’ve been getting lots of inquiries about the privileges and limitations of the new limited off-sale license offered by the ABC. Though we’ve already commented on the basics of the permit here, we’re following up with answers to the clarification questions we’ve been getting:
Where can I find the privileges for the new off-sale wine license?
Can I sell tequila and beer with the Type 85?
No, the privilege is limited to wine.
Can I get the Type 85 license if I have an upper-tier California license?
No. The Type 85 is a retail-tier license, and there are no special exceptions permitting it to be held with an upper-tier license. On the flip side, you can get it if you are an employee of an on-sale retailer. This is a key distinction between the Type 85 and the Type 17/20 combination that remains popular in California.
Can I deliver product stored out-of-state directly to consumers in California with the Type 85?
No. You must have possession and title to the wine in California. It must be delivered to the consumer from your licensed premises in California or the premises of a licensed public warehouse (Type 14 License).
Can I deliver wine to consumers outside of California with the Type 85?
Yes, but only to about 13 states. 2/3 of those states require additional licensing. You can’t reach New York, Texas, Illinois or Florida.
Do I have to have a location to obtain the Type 85?
Yes. You have to choose an address where the license will be active and your records will be kept. It may not be open to the public. You will have to post notice at the premises and mail notice to nearby neighbors.
Who can I buy wine from with the Type 85?
Licensed California wholesalers and wineries. Not retailers.
How do I apply for the Type 85?
If you are interested in obtaining the license, you need to fill out the forms for an original retail license (e.g. ABC 211-SIG, 217, 208-A/B, 253, 257, 255, 247, 251, 140, entity forms). You can obtain them from the ABC website, or can hire an attorney or licensing specialist to complete them and assist you with the process. The filing fee is $342 ($100 application fee plus $242 annual fee).
Alcohol.law Digest is published for general informational purposes only and is not intended as legal advice. Copyright © 2012 · All Rights Reserved ·
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