COVID-19 has turned the world upside down in many ways. One of the ways it has affected California is by requiring changes to the open container laws. You can continue reading to learn the latest. If you have been charged with any type of DUI or open container crime, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
It’s All About Take Out
The reason for the change is simple: The California Department of Alcohol Beverage Control now allows restaurants and bars to offer “takeout” drinks with deliveries or to-go orders. This does apply to prepackaged items like cans and bottles, but it also covers custom-made cocktails. This is a big departure from the previous regulation, which did not allow open containers in vehicles.
The Specifics of the Changes
Before the pandemic, a restaurant or bar could only sell alcohol if it was in manufactured containers, like bottles or cans. Tap beer, specialty cocktails, and other non-canned, non-bottled beverages could not legally leave the premises. These restrictions have been suspended. Now any business that is licensed to sell alcohol can allow their customers to buy alcohol that is not in manufactured containers – but only when they are sold in conjunction with meals that were made for pickup or delivery.
Defining “Meals”
In simple terms, the law holds that if you buy a to-go meal at a restaurant, then you can legally buy alcoholic beverages to go. However, that leads us to the question: What is considered a “meal?” It has been defined as “the usual assortment of foods commonly ordered at various hours of the day.” They also stated that buying “only sandwiches or salads” does not meet the requirements. They also do not consider any of the following to be qualifying “meals”:
- Snacks
- Reheated or frozen entrees
- Appetizers
- Desserts
The meal is meant to be substantial and more than just an excuse for a bar or restaurant to legally sell non-packaged alcohol.
There Are Rules About How Drinks Can Be Transported
Note that there are rules about how restaurants can serve these beverages. They must be in a container that has a secure lid or cap, and in such a way that consumption without removing the lid or cap is difficult. This means that there cannot be sipping holes or holes for straws. People are not allowed to take off the lid or cap and drink the alcohol on public property or within their car.
Finally, if a person has one of these alcoholic beverages in their vehicle and they take off the lid, they can be charged with having an open container. If this happens to you, contact a criminal defense attorney by calling Chambers Law Firm at 714-760-4088.
