type 41 liquor license restrictions

Discussion in 'Pacific' started by glitchedmind, Dec 23, 2012.

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  1. glitchedmind

    glitchedmind Initiate (0) May 8, 2012 California

    Are there any restrictions to a type 41 license, other than not able to sell liquor?

    I went to a restaurant last night knowing they did not serve liquor and had a sub oar beer list, so I brought my own bottles. I fully expected to pay a corking fee and had no problem with that. However, when I asked for a glass and bottle opener, I was told their permit did not allow outside beer to be brought in and consumed, only wine. I instantly thought bs and decided to look up what they had when I got home and discovered their license type. I was unable to find anything within the license code that forbid beer.

    Anyone else experience this? Or were they just blowing smoke?
  2. marquis

    marquis Crusader (743) Nov 20, 2005 United Kingdom (England)

    I know nothing about your local laws but in these parts if a premises hasn't a liquor licence it's not allowed to charge corkage. To my knowledge the general licence restriction relates only to the sale of alcohol , not its consumption.Its surely in any case extremely unlikely to distinguish between different drinks.How would they react to a bottle clearly labelled "Barley wine?"
  3. dachshunddude86

    dachshunddude86 Initiate (0) Dec 21, 2012 Florida

  4. glitchedmind

    glitchedmind Initiate (0) May 8, 2012 California

    That's the form I was looking at and couldnt find anything that forbid beer from outside. Even from what it reads, you can take beer and wine off premises to drink. *shrug*
    I won't be going back because the service and food sucked, but its just another reason.
    DSlim71 likes this.
  5. dachshunddude86

    dachshunddude86 Initiate (0) Dec 21, 2012 Florida

    From the way it reads it seems that the state is only concerned with what type of alcohol is in an establishment and couldn't give a hoot where it comes from as long as it is legal to have in California (ie no untaxed liquor).
  6. BobbysLiquors

    BobbysLiquors Initiate (0) Apr 28, 2010 California

    beer and wine is the same for abc & state, u should be able to legally consume beer if they have a permit for wine.
  7. tjensen3618

    tjensen3618 Initiate (0) Mar 23, 2008 California

    Most likely mis-informed staff, I'm sure the restaurant policy only addresses wine.
    When you're dealing with an unknown in the liquor code, most people err on the side of caution.
  8. MacNCheese

    MacNCheese Initiate (0) Dec 10, 2011 California

    Or it could be policy to not allow outside booze. They probably just didn't want you drinking your 40 at their joint.
  9. dcgunman

    dcgunman Defender (675) Jul 1, 2009 California
    Beer Trader

    So if no liquor is allowed on premises that means you cannot bring in your own beer or wine. Right?
  10. theconductor

    theconductor Aspirant (212) Nov 4, 2008 California

    Liquor is NOT the same as beer and wine in the eyes of the ABC.
    dachshunddude86 likes this.
  11. mjl21

    mjl21 Initiate (0) Apr 3, 2008 California

    Technically in California BYOB is illegal unless the establishment has a beer and wine license. It is rarely enforced though.
  12. glitchedmind

    glitchedmind Initiate (0) May 8, 2012 California

    I doubt if someone is willing to fork over an astronomical $10 fee for opening an outside bottle, they are bringing in a bottle of OE 40 they had just picked up at the corner store. They specifically said, their permit does not allow outside beer, wine only...from the owner's mouth.
  13. MacNCheese

    MacNCheese Initiate (0) Dec 10, 2011 California

    There can be many restrictions added to a license. Or maybe he didn't like you.

    Call ahead next time.
    mrkrispy and albertq17 like this.
  14. dcgunman

    dcgunman Defender (675) Jul 1, 2009 California
    Beer Trader

    So we found out prior to going to an Italian restaurant in HB that they allowed you to bring your own bottle of wine and charged no corkage fee to open it. So I brought a bottle of beer and they said nothing about it. I always thought these establishments only allowed wine and no beer. But most places will charge you a corkage fee. Is there a way to find out if the restaurant allows beer/wine to be brought in? Besides calling them ahead of time.
  15. glitchedmind

    glitchedmind Initiate (0) May 8, 2012 California

    How do you think I expected to pay a corkage fee? I did call ahead.
    Logic says if they have a corkage fee, there's no discrimination between beer and wine.

    If there's an added restriction, wouldn't it be on the actual license through the city? I looked it up and found there to be no such additional restrictions in place.
  16. MacNCheese

    MacNCheese Initiate (0) Dec 10, 2011 California

    Logic has nothing to do with this. You should have asked "Can I bring in outside beer and pay a corkage fee?"

    You forget that for most peope, including bars/restaurants beer = bud/miller/coors. The City doesn't grant licenses, the ABC does and that's run by the state. There may be more restrictions on the actual license that don't appear online. In either case, it's upto the establishement if they allow outside wine/beer in even if it is permitted.

    Wine = fancy, Beer = wifebeater.
  17. Xul

    Xul Crusader (771) May 18, 2008 California

    Hey, watch it with the stereotypes...some of us put a classic, barely-stained Stone Cold Steve Austin t-shirt over our wifebeater when we go to the Sizzler for a fine steak.
  18. MacNCheese

    MacNCheese Initiate (0) Dec 10, 2011 California

    Quiet Mr. Fancy Pants WWE t-shirt. We common folk buy wifebeaters at Walmart and get our steaks at Golden Corral and drink our Mickey's in the parking lot just like Grand Pappy did. I don't ask for no corkage, beers don't come with corks!
  19. EBbrewpunx

    EBbrewpunx Initiate (0) May 11, 2006 California

    in actuality, your local city/town/village may place restrictions on what beverages your establishment may selll.
    California ABC grants the over-all license, but local ordinances can restrict/limit what you can or can not do.

    and, straight from my local ABC official's mouth
    "outside liquor can not be brought into an establihment.
    wine can bee brought in if the permit holder has the correct license type"
    on beer..have gotten both yes, no, and a blank stare
    in the eyes of the ABC, its a grey area
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