California Type 41 Liquor License for Beer and Wine Restaurants
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California had 24,947 active Type 41 licenses on June 30, 2026, according to the Department of Alcoholic Beverage Control (ABC). ABC calls it the On-Sale Beer & Wine - Eating Place license and issues it to restaurants. ABC says licenses to sell beer and wine are available year-round to qualified applicants, so a Type 41 liquor license does not wait on the yearly priority drawing.
Liquor License Agents helps restaurant owners and buyers apply for a new Type 41 or purchase and transfer an existing one.
What A Type 41 Liquor License Allows And Prohibits
ABC's License Types page states the terms:
- Beer and wine may be sold to drink on site or to take off the premises.
- Distilled spirits may not be on the premises, except brandy, rum, or liqueurs used solely for cooking.
- The premises must be operated as a bona fide eating place, with suitable kitchen facilities and meal sales that are "actual and substantial".
- Minors are allowed on the premises.
- Anyone who serves alcohol, and anyone managing servers, needs Responsible Beverage Service (RBS) certification.
Business and Professions Code section 23038 defines the eating place: it is regularly kept open to serve meals to guests, and its kitchen can cook an assortment of foods for ordinary meals. Under that section, serving only sandwiches or salads does not count as serving meals. Neither the statute nor ABC's description sets a percentage of sales that must come from food, and section 23038 does not require that food be purchased with any beverage.
Which Restaurants The License Fits And What ABC Charges
A Type 41 suits a restaurant whose drinks list stops at beer and wine. If cocktails are part of the plan, the license is a Type 47, which ABC's 2026 fee schedule lists at a $19,840 application fee and marks as available only to priority drawing winners. Holding a Type 41 is no shortcut to one: section 23816 bars ABC from issuing an on-sale general license in exchange for a beer and wine license that is cancelled or surrendered. A beer and wine bar with no meal service falls under the Type 42 public premises license, where minors may not enter and remain.
ABC's 2026 fee schedule lists these charges for a Type 41:
- Original application: $1,135, generally non-refundable.
- Annual fee: $565, collected at filing to cover the first year, and refundable if the application is denied or withdrawn.
- Person-to-person transfer: $420.
- From January 1, 2027: $1,170, $580, and $435.
ABC will not license a new retail location within 100 feet of a residence unless the applicant shows the operation will not interfere with residents' quiet enjoyment.
How We Work Through ABC's Process With You
These steps are drawn from ABC's requirements page, its FAQ, and the statutes.
- Zoning: ABC advises checking local zoning and the need for a Conditional Use Permit at a new location. We review your concept, site, and floor plan, then talk to the planning staff at the city or county.
- Filing: ABC takes applications at its district offices and accepts original retail applications online. We draft the application, the premises diagram, and the disclosures.
- Notice: Section 23985 keeps the notice posted at the entrance for 30 consecutive days or more. For premises not currently licensed, section 23985.5 adds a mailing to residents within a 500-foot radius.
- Investigation: ABC investigates the applicant and the premises. We follow the review and help you answer the investigator's questions.
- Protests: Anyone may protest, and the window is 30 days from posting or mailing, whichever is later. We help you respond to protests or proposed conditions.
ABC puts the average at about 90 days for an original license and 75 days for a person-to-person transfer, and warns that the wait is often longer.
We also advise whether to apply new or buy. On a purchase, we assist with pricing the license, negotiating terms, and coordinating escrow. Our guide on how to buy a California liquor license covers that route.
Type 41 in major markets: Los Angeles County, San Diego County.
California Type 41 FAQs
1. Does California require a set percentage of food sales for a Type 41?
No. Business and Professions Code section 23038 and ABC's Type 41 description contain no food sales percentage. ABC's wording asks for suitable kitchen facilities and meal sales that are "actual and substantial".
2. Is take-away beer and wine allowed under a Type 41?
Yes. The ABC description covers consumption off the premises as well as on them, and its FAQ notes that special license conditions can restrict the privilege. Spirits are different: ABC's to-go guidance states that Type 41 licensees cannot sell distilled spirits.
3. Who decides public convenience or necessity for a restaurant in an overconcentrated area?
ABC decides. Under section 23958.4, the applicant for a bona fide eating place license in an area of undue concentration makes that showing to the department. For bar and store licenses, the local governing body makes the determination.
4. What must be in place before a Type 41 transfer application is filed?
A notice of the intended transfer has to be on record at the county recorder's office first, under section 24073. If money changes hands, section 24074 calls for an escrow held by someone outside the deal, and the buyer deposits the full purchase price.
5. Will ABC let a buyer operate before the transfer is approved?
Possibly. ABC has discretion to issue a temporary permit while a change of ownership at an unchanged address is pending. ABC describes it as a 120-day permit, and the premises must be currently licensed and operating within the 30 days before the permit application. The fee is $100.
6. When do servers at a Type 41 restaurant need RBS certification?
Within 60 calendar days of employment, under section 25682. Managers who supervise servers are covered too. The certification is valid for three years from issuance. ABC's FAQ lists a non-refundable $3 server registration fee.
Bring us the address of the restaurant you are opening or taking over, with the floor plan and menu, and we will review whether a Type 41 fits before you file. To set a time, phone (800) 799-9081 or contact Liquor License Agents.