Greenspoon Marder Assists in Securing Action To Allow Santa Monica Restaurant Operators To Sell Alcohol For Carry-Out or Delivery Service
Mar 24, 2020
Santa Monica, CA – March 24, 2020 – Santa Monica restaurant operators who normally are prohibited from selling alcoholic beverages for off-site consumption may now sell closed containers of alcohol for carry-out or delivery service under temporary relief adopted by City Manager Rick Cole over the weekend.
The city’s action is aligned with a similar relief measure adopted earlier by the California Department of Alcoholic Beverage Control (ABC). Under Santa Monica’s
seventh supplement of the executive order – which expires April 30 – restaurants must have ABC licenses, an appropriate city permit to operate an alcohol use, and follow ABC protocols for “off-site” consumption sales.
Business owners and industry attorneys heralded Cole’s action, which took immediate effect and was necessary because the state ABC’s relief does not pre-empt local restrictions, such as conditional use permits that limit restaurant alcohol sales only to consumption “on-the-premises.”
“Although restaurants have switched to take-out service, the loss of dine-in sales – a large share of which can be alcohol – has been a terrible blow to operating revenue,” said California hospitality industry attorney
Roger Tefft of Greenspoon Marder’s Hospitality, Alcohol & Leisure Industry Group, one of the measure’s proponents. “Allowing restaurants to continue alcohol sales at this time is one important step that cities can take to alleviate the economic hardship.” Other cities in California are considering similar relief orders, Tefft said.
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