California Type 21 Liquor License for Stores That Sell Spirits
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Spirits on the shelf change which California license a store needs. A type 21 liquor license is what the Department of Alcoholic Beverage Control (ABC) calls Off-Sale General. It goes to retail stores and covers beer, wine, and distilled spirits that customers take away. ABC counted 14,546 active Type 21 licenses on June 30, 2026, and state law caps the number in each county.
Liquor License Agents helps store owners, buyers, and sellers find out whether a Type 21 is open to application in their county or must be bought from a current holder.
What A Type 21 Liquor License Allows And What It Rules Out
ABC's description is brief. The Type 21 "authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold." Minors are allowed in the store. The Business and Professions Code (BPC) draws the edges of that privilege:
- Retail customers only. BPC 23394 limits spirits sales to consumers and rules out resale. Holders of daily on-sale general licenses are the exception.
- Off the premises. The privilege ABC describes is for drinking away from the store.
- Wine by the sale. BPC 23393 sets wine at 52 gallons or less per sale.
- Closing hours. BPC 25631 makes a licensee's sale between 2 a.m. and 6 a.m. a misdemeanor.
- Server certification. Type 21 is absent from ABC's list of license types under Responsible Beverage Service rules.
Each Type 21 also enters the off-sale count that BPC 23958.4 uses to test a census tract for undue concentration.
Who Needs Type 21, And The Cap And Fees That Decide It
A shop that stocks no spirits does not need this license. ABC has the Type 20 license for that case. Type 21 is for the store with spirits on the shelf. Here is how the pair differ.
| Point | Type 21 | Type 20 |
|---|---|---|
| Products | Beer, wine, and distilled spirits | Beer and wine |
| Cap | One per 2,500 county inhabitants (BPC 23817) | One per 2,500 city or county inhabitants (BPC 23817.5) |
| 2026 application fee | $19,840, drawing winners only | $1,135 |
| 2026 annual fee | $1,009 | $500 |
ABC makes general licenses available only once per year, during its priority application period. The 2026 priority window ran September 14-25, 2026, in listed counties only. Los Angeles, Riverside, and Contra Costa each had 25 new off-sale general licenses on offer. Kern had 1. San Francisco and Ventura did not appear.
ABC names a single alternative: purchase an existing license of the same type within the same county. Our guide on how to buy a California liquor license covers that route. Fees move each January. ABC has announced $20,495 for the priority application and $1,039 for the Type 21 annual fee from January 1, 2027.
How Liquor License Agents Works On A Type 21 Purchase Or Application
Buying a type 21 liquor license means a transfer that ABC must approve. Two steps come before the filing. BPC 24073 requires a notice of the intended transfer, recorded with the county recorder. Where a price is paid, BPC 24074 requires the full amount to sit in escrow with a holder outside the deal. ABC's own rule is that the money is released only after approval.
ABC puts the average at about 75 days for a person-to-person transfer and 90 days for an original. It adds that circumstances often lengthen that.
Inside that framework, we:
- Review the address and floor plan against ABC's location rules, which cover schools within 600 feet and residences within 100 feet.
- Advise whether your county's priority list leaves room to apply, or whether a purchase is the route.
- Help with valuation, negotiation, and escrow coordination, including for owners ready to sell a liquor license.
- Prepare the application, premises diagram, and ownership disclosures.
- Work with city or county planning staff on zoning and any conditional use permit.
- Follow ABC's investigation and help you answer questions, protests, or proposed conditions.
Type 21 in major markets: Los Angeles County.
California Type 21 Off-Sale General License FAQs
1. Does a store that sells only beer and wine need a Type 21?
No. ABC issues Type 20, Off-Sale Beer & Wine, to those stores. Type 21 becomes necessary once distilled spirits are sold. Type 20 carries a population cap of its own under BPC 23817.5, so it is not always open to new applicants either.
2. Can I apply to ABC for a new Type 21 at any time of year?
No. ABC takes priority applications for general licenses in a period that starts on the second Monday of September. It accepts one application per applicant, per county, for each license type. Drawing participants need at least 90 days of California residency before the drawing date.
3. What does ABC charge for a new Type 21 in 2026?
Under ABC's 2026 fee schedule, the priority application fee is $19,840. The $1,009 annual fee is collected with it. ABC refunds that annual fee if the application is withdrawn or denied. Applicants who are not drawn get the application fee back, less a $100 service charge.
4. Can a buyer run the store while a Type 21 transfer is pending?
Sometimes. BPC 24045.5 gives ABC discretion to issue a temporary permit during a person-to-person transfer at the same premises. The store must have operated under a license within 30 days of the permit request. The permit fee is $100.
5. Is there a limit on the resale price of a newly issued Type 21?
Yes, for two years. BPC 24079 bars a transfer price above the original fee paid for the license during the two years after it is first issued. Once that period ends, the statute places no restriction on the price.
6. Who decides public convenience or necessity for a Type 21?
The local governing body does. In an area of undue concentration under BPC 23958.4, ABC may issue a Type 21 if that body finds public convenience or necessity would be served. It has 90 days from notification of a completed application. After that, the applicant may make the showing to ABC.
To talk through a Type 21 purchase, sale, or priority application for a California store, call (800) 799-9081 and schedule an appointment. Have the store address and county ready, because the county decides which routes are open.