Governor Signs Executive Order Granting Some Relief to Licensees Affected by Fires
Yesterday, the Governor signed an Executive Order that could provide some relief to alcohol beverage licensees whose premises were damaged or destroyed by the recent fires in Napa and Sonoma Counties.
The California ABC Act typically allows alcohol beverage licensees whose premises have been destroyed as a result of fire or other causes to temporarily relocate their business operations for a period up to 6 months to a location within 500 feet of their premises, while their premises is being repaired or rebuilt.
Pursuant to Executive Order B-43-17, the ABC now has the discretion to waive the 500 foot limitation and 180-day time period described above for any businesses that have been forced to relocate as a result of the wildfires. The ABC also have the discretion to waive transfer fees beyond the time limitations set forth in the ABC Act related to such transfers.
Note that because this Executive Order only deals with California licenses, in practice, it will only allow the relocation of premises such as tasting rooms or offices, where a federal permit is not required at the premises. Thus, moving winery production facilities would not be possible under this Executive Order, since such operations would require that the licensee hold a federal winery permit at any facility where production was occurring.
For questions or more information on how to relocate your licensed operations as a result of damage from the fires, please contact Bahaneh Hobel.