New Year, New Permits: ABC Debuts New Permits for Licensed Wineries & Distillers

POSTED BY Bahaneh Hobel, John Trinidad, and Theresa Barton Cray

The California Department of Alcoholic Beverage Control (“ABC”) is rolling out a couple of new permits in 2026 for licensed California wineries and certain qualifying distillers (both in-state and out-of-state): (1) the ABC Type 93 Estate Tasting Event Permit, authorizing California licensed Type 02 wineries to exercise tasting room privileges for their wines at certain properties owned by or under the control of the winery (other than the licensed premises); and (2) the ABC Type 94 Craft Distillers Direct Shipper Permit, authorizing California licensed Type 74 craft distillers and qualifying out-of-state distillers to ship their distilled spirits products directly to California consumers for personal use and not for resale. Information regarding the privileges, limitations, and application processes for each permit are provided below:

1.                  ABC Type 93 – Estate Tasting Event Permit

In 2025, Governor Newsom signed into law AB 720. The new law, codified as Section 23399.03 of the California Business and Professions Code, grants California wineries that hold an ABC Type 02 winery license the ability to exercise tasting room privileges for wine manufactured by or for the winery on either of the following properties: (1) a property adjacent to the licensed premises that is owned by or under the control of the winery, or (2) a nonadjacent vineyard that is owned by or under the control of the winery. To exercise those privileges, the winery must first obtain an ABC Type 93 Estate Tasting Event Permit by submitting to ABC Form ABC-239 (Additional License/Permit Application Form) with payment of a $315 fee ($100 for the application fee plus $215 for the annual fee).  Importantly, approval of the Type 93 permit grants the winery only those tasting privileges authorized by the winery’s Type 02 license, and licensees hosting Type 93 events remain subject to all rules and regulations that typically govern tasting operations, including those regarding service, licensed space control, and staff oversight.

Prior to each event held pursuant to a Type 93 permit, the winery must obtain an ABC “event authorization” by submitting to ABC Form ABC-215-ETE (Event Authorization Application), a supplemental diagram on Form ABC-253 clearly identifying where the event will be held, and payment of a fee that will vary depending on the number of guests expected to attend the event and the number of days the event is scheduled to last. Each event authorization application must be submitted to ABC at least 3 days and no more than 90 days before each event.  A separate authorization must be approved for each event and no more than 36 tasting events are permitted per calendar year per licensee. More information regarding event authorizations can be found at https://www.abc.ca.gov/licensing/license-forms/event-authorization/apply-for-a-type-93-estate-tasting-event-authorization/.

In addition to the ABC requirements described above, Type 93 permit holders must also comply with applicable local land use controls. However, Section 23399.03 is clear that such local regulations can “restrict, but not eliminate” the privileges granted under the Type 93 permit. Local governments have been weighing what, if any, restrictions or local permits or authorizations may be needed for wineries to conduct events away from their licensed premises. We will be publishing a separate blog post in the near future addressing the specific requirements and limitations in Napa County for Type 93 permitted events.


2.                  ABC Type 94 – Craft Distiller Direct Shipper Permit

Beginning January 1, 2026, certain qualifying distillers desiring to ship distilled spirits manufactured or produced by the distiller directly to California consumers must obtain an ABC Type 94 Craft Distillers Direct Shipper Permit.

Pursuant to Section 23504.5 of the California Business and Professions Code, applicants for the Type 94 permit must be either: (1) a California craft distiller holding a Type 74 (Craft Distiller) license (i.e., Type 04 distilled spirits manufacturers are not eligible to hold a Type 94); or (2) an out-of-state distiller that meets the conditions necessary to be considered a craft distiller under California law.  As such, out-of-state distillers applying for a Type 94 permit must produce no more than 150,000 gallons of distilled spirits per fiscal year (the combined total of (i) distilled spirits distilled by the applicant from naturally fermented materials or the redistillation of distilled spirits obtained from another manufacturer, or (ii) distilled spirits blended by the applicant but distilled by another manufacturer), and 65% of the total annual volume must be personally distilled by the applicant.

A Type 94 permit holder cannot ship more than 2.25 liters (in any combination of prepackaged containers) per day per consumer. Notwithstanding this limitation on the volume shipped to California consumers, a Type 74 licensee may sell at its licensed premises up to the equivalent of 4.5 liters (in any combination of prepackaged containers) of distilled spirits manufactured or produced by the licensee per day per consumer. As is typical for the shipment of alcoholic beverages, Type 94 permittees must also comply with package labeling and reporting requirements.

Application for a Type 94 permit can be made by submitting to ABC Form ABC-416 (Distilled Spirits Direct Shipper Permit Application) with payment of a $125 application fee. The application form is available at https://www.abc.ca.gov/wp-content/uploads/forms/ABC-416.pdf.

As a final note on the Type 94 permit, absent an extension by the California Legislature, Section 23504.5 is currently scheduled to sunset on January 1, 2027.

Please contact Bahaneh Hobel (bhobel@dpf-law.com), John Trinidad (jtrinidad@dpf-law.com), or Theresa Barton Cray (tcray@dpf-law.com) for additional information or assistance applying for an ABC Type 93 or Type 94 permit.