Obtaining Local Approval for ABC Type 93 Estate Tasting Events in Napa County
POSTED BY Joshua S. Devore, John Trinidad, and Nick Conti
This blog post summarizes the process by which licensed wineries can obtain local government approval for events in Napa County held pursuant to their California Department of Alcoholic Beverage Control (“ABC”) Type 93 Estate Tasting Permit.
As discussed in our prior post, last year Governor Newsom signed into law AB720, granting California wineries that hold an ABC Type 02 winery license the ability to host events, up to 36 times per year, where they exercise tasting room privileges for wine manufactured by or for the winery on either: (1) property adjacent to the licensed premises or (2) a nonadjacent vineyard provided that such property or vineyard is owned by or under the control of the winery. (Cal. Bus. Prof. Code 23399.03.) Neither ABC nor Napa County have provided guidance as to what degree or proof of “control” is required.
Under AB 720, these new Type 93 estate tasting events are also subject to local land use controls that can “restrict, but not eliminate” the privileges granted under the ABC Type 93 Permit. Local governments have been weighing what restrictions, local permits, or authorizations are required to conduct events on vineyards located within their boundaries.
On December 16, 2025, the Napa County Board of Supervisors approved an 18-month pilot program to implement AB 720, which requires wineries wishing to conduct such events to obtain a local permit and includes certain parameters and restrictions on how such events are conducted. Here’s a run down of the application process and restrictions.
How to Apply for a Napa County Type 93 Permit
Note up front that a threshold aspect of Napa County’s implementation, discussed in more detail below, is that the property used for the Type 93 event must be on a separate parcel from the permitted winery. That means that if you own a parcel in Napa County and your Type 02 winery is located thereon, you must comply with your current use permit for events and tastings conducted on that parcel rather than make use of the 36 Estate Tasting events otherwise allowed by AB720.
Otherwise, existing Type 02 license holders can now apply online for a permit to host limited outdoor wine-tasting events on certain vineyard property pursuant to their ABC Type 93 Permit. We refer to that local permit in this blog post as the “Napa Type 93 Permit.” This pilot program expires on July 1, 2027, but could be extended by the Napa County Board of Supervisors.
The Napa County application is live and can be accessed by visiting the Napa County Online Permit Center and selecting “Start a New Application” under Napa County Fire. Each Type 93 application must include the following 4 items:
Annual Local Type 93 Permit Application: signed by the property owner or authorized operator, including primary and secondary contacts responsible for all events.
Valid ABC License: a copy of current Type 02 ABC license will suffice.
Fire and Safety Acknowledgment Form.
Aerial Site Map: to show property boundaries, agricultural and/or commercial access roads, emergency access routes (including the minimum 14-foot clearance and required turnouts/turnarounds per County standards), event activity areas, and parking areas outside emergency lanes.
The Napa County Fire Marshal’s Office will charge a flat fee of $343 for review, processing, and safety evaluation. This flat fee will be charged per application, which is specific to a vineyard parcel. This is in addition to the ABC fees referenced in DP&F’s blog post published on January 22, 2026. In total, a winery seeking to use all 36 events on one vineyard parcel in Napa County would incur Type 93 related fees (ABC and County) of $4,158.
The Napa Type 93 permit will be valid for one calendar year (from January to December). The permit must be renewed annually. Note that each event must be separately applied for with ABC, but not with Napa County.
Napa Type 93 Permit Compliance and Approval
Continued compliance with applicable ABC regulations, and other state or local provisions, remains necessary. Napa Type 93 Permit approval does not imply compliance with or approval of any other federal, state, or local law or regulation. Permit holders remain solely responsible for ensuring all event activities comply with such laws and regulations, and need to sign a form attesting that they will do so.
Approval of the permits by both ABC and the Napa County Fire Marshal does not override or impact the restrictions or limitations of any use permit or winery entitlement on the winery parcel separate from the vineyard used for the Type 93 events.
Limitations Placed on Napa Type 93 Permit Events
The Napa County Fire Marshal’s Office has published important limitations and parameters that ABC Type 93 Permit holders must abide by:
A permit holder can host up to 36 events per calendar year (consistent with the ABC Type 93 permit restrictions) with a maximum of 49 attendees per event, including staff and guests.
Each event must occur within one calendar day and can only be held during daylight hours. However, not all attendees must be present at the same time – there could be multiple smaller groups throughout the day so long as total attendance does not exceed 49 persons.
Events may not take place during days subject to Red Flag Warnings set forth by the National Weather Service and CAL FIRE.
Events may not take place inside structures requiring a permit, including residences, barns, tasting rooms, event buildings, enclosed structures, or temporary tents/structures. However, smaller (under 120 sq. ft.) structures not requiring building permits such as pop-up shade tents may be used.
All events must comply with Napa County land use regulations, fire and life-safety requirements, and applicable agricultural road standards.
All vehicle circulation must maintain unobstructed emergency access, including a minimum 14-foot clear width and all required turnouts.
Each event must remain below a total of 40 Average Daily Trips (“ADT”; or daily vehicle trips); meaning 20 vehicle round-trips total, including staff and guests.
Napa County’s Pilot Program currently prohibits wineries from hosting Type 93 events on parcels on which their ABC licensed premise is located.
As noted above, Napa County has interpreted AB 720’s requirement that the Type 93 event take place on “adjacent” property to mean a separate legal parcel from the licensed winery. Thus, in Napa County, Type 93 events are allowed only if the vineyard, or property on which the event is to be held, is on a separate parcel from the winery itself. Wineries otherwise must continue to operate consistent with their existing use permit restrictions on marketing events on those permitted winery parcels.
This means that producers that own only one parcel with a winery use permit in Napa County are not able to exercise the privileges granted under ABC Act Section 23399.03(a)(1) on that parcel. One of the statute’s proponents, the Wine Institute, has noted it disagrees with that interpretation. Tim Schmelzer, vice president of California State Relations for the Wine Institute, has been quoted as stating: “The intent for AB720 (was) to cover any vineyard next to the licensed premises so long as it is owned by or under the control of the licensee,” he said. “I’d not previously heard anyone mention this separate parcel issue.” Jess Lander, A new California law aims to help the struggling wine industry. Will it work? (S.F. Chronicle Jan. 7, 2026.)
As Napa County is currently operating the Local Type 93 permit program as an 18-month interim pilot program, feedback on the implementation will be taken and it will be revisited in the near future.
For more information on the new Napa Type 93 Permit and the application process, please contact DP&F’s Land Use and Alcohol Beverage Law and Compliance groups.
