When Does California Stop Selling Alcohol?

FAQs on Buying Beer, Wine & Liquor in California – What is the alcohol tax in California? California has a general sales tax of 6% that applies to all purchases of beer, wine, and spirits. Vendors selling liquor are also subject to a state and federal excise tax.

• Can you buy liquor in grocery stores in CA?
• Yes, you can buy alcohol in grocery stores that are licensed to sell in the state of California.
• Can you buy alcohol in gas stations in California?
• Yes, you can buy wine and beer in gas stations in the state of CA but there are marketing restrictions within the gas stations.
• Can you buy alcohol on Sunday in CA?
• Yes, you can buy alcoholic beverages on Sundays in California.
• Does California allow direct-to-consumer shipping?

Yes and no. In California, they will ship wine directly to consumers but shipping beer and liquor is prohibited.

1. What times can you buy liquor, wine, or beer in California?
2. The sale of alcohol is allowed between the hours of 6 AM and 2 AM 7 days a week.
3. Can you order alcohol to go in California?
4. Yes, you can order alcohol to go in the state of California.
5. Where in California can buy alcohol off-premise?

You can buy alcohol off-premise in CA at any business location that has a license to sell alcoholic beverages for off-premise consumption. The condition is that they must be sold in packages that were made by the manufacturers. Where can buy alcohol for on-premise consumption in CA? You can buy alcohol for on-premise consumption at multiple locations throughout the state.

Different locations such as restaurants, bars, taverns, night clubs, veteran’s clubs, licensed trains, licensed boats, and licensed airlines. You can also buy if you’re a passenger of a licensed vessel of more than 1000 tons. There are other locations such as licensed hospitals, convalescent homes or rest homes, nonprofit theatres, and bed and breakfast inns as well.

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Does California sell alcohol 24 hours?

What are the lawful hours for retail sale of alcoholic beverages? – From 6 a.m. to 2 a.m. of the following day. In other words, it is unlawful to sell alcoholic beverages either by the drink or by the package, between the hours of 2 a.m. and 6 a.m. of the same day.

If grounds exist for the denial of an application for a license or where a protest against the issuance of a license is filed and if ABC finds that those grounds may be removed by imposition of those conditions; Where findings are made by ABC which would justify a suspension or revocation of a license, and where the imposition of a condition is reasonably related to those findings. In the case of a suspension, the conditions may be in lieu of or in addition to the suspension; Where ABC issues an order suspending or revoking only a portion of the privileges to be exercised under the license; Where findings are made by ABC that the licensee has failed to correct objectionable conditions within a reasonable time after receipt of notice to make corrections given pursuant to subdivision (e) of Section 24200,

Is it illegal to sell alcohol after 2am in California?

It is unlawful to sell alcohol between the hours of 2 a.m. and 6 a.m. It is also unlawful for any person to knowingly purchase alcohol or consume between those hours. The penalty is a misdemeanor.

When did they stop selling alcohol in California?

California Approves 4 a.m. Last Call, Everyone Wins California lawmakers passed a bill last Thursday that will allow bars, nightclubs, and restaurants in certain cities to extend the sale of alcohol to 4 a.m. The current curfew for selling booze is 2 a.m.

passed on Aug.30, 2018. Gov. Edmund Gerald Brown, Jr. has until Sept.30 to sign it into law. As by Napa Valley Register, RSB 905 will apply to nine cities: Los Angeles, San Francisco, Oakland, West Hollywood, Sacramento, Long Beach, Coachella, Cathedral City, and Palm Springs. These cities stated interest in implementing later nightlife hours.

Each city will individually decide whether to limit the new hours to certain neighborhoods, nights of the week, or different times during the year. Under the current, the sale or purchase of alcohol between the hours of 2 a.m. and 6 a.m. is classed as a misdemeanor crime.

If signed into law, the extended drinking hours will go into effect in January 2021, with a five-year limit allowing officials to decide whether to renew or abandon the legislation, after examining the effects of the bill. Here’s hoping Uber drivers will be willing to stay up that late. Or, who knows? We might be driven by robots by then.

: California Approves 4 a.m. Last Call, Everyone Wins

Does California have an alcohol curfew?

Alcohol sold in a grocery or liquor store is classified as off-premise. Off-premise alcohol sales can occur from 6 – 2 a.m. from Sunday to Saturday in California. What time can I buy beer in California? Liquor and beer have the same sales hours in California.

What time is last call in California?

FAQs about Alcohol Sales in California – What time do they stop selling alcohol in California? Businesses stop selling alcohol at 2 a.m., according to California alcohol laws, Most bars stop serving between 1:30 a.m. and 1:45 a.m. but allow you to finish your drink prior to 2 p.m.

Alcoholic beverages cannot be consumed from 6 a.m. – 2 a.m. at licensed liquor establishments. How early can you buy alcohol in California? Alcohol sold in a grocery or liquor store is classified as off-premise. Off-premise alcohol sales can occur from 6 a.m. – 2 a.m. from Sunday to Saturday in California.

What time can I buy beer in California? Liquor and beer have the same sales hours in California. Beer can be purchased from 6 a.m. – 2 a.m. from Sunday to Saturday. Are there restrictions on buying alcohol on Sundays in California? In California, there are no restrictions for buying alcohol on Sundays.

• Does the time change mean an extra hour of drinking? In California, you do not lose or gain an extra hour of drinking on the day of a time change.
• On the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs.

Who regulates California’s liquor laws? California’s Department of Alcohol Beverage Control (ABC) regulates alcohol sales in California. This means the power is at the state level rather than at the local level.

What are the alcohol laws in California?

Drinking Age in California – In California, the legal age to purchase and consume alcohol is the same as the rest of the country. You must be at least 21 years old to purchase or consume alcohol in the state. Businesses that sell or serve alcohol should have an ID checking system to verify their patrons’ ages before providing them with alcoholic beverages.

What is the alcohol curfew in Los Angeles?

B & P Code 25633. Hours for Delivery – Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturer’s agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m.

and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler,distiller, importer, or any of them.

Every person violating the provisions of this section is guilty of a misdemeanor.

Additional information may be obtained by contacting:Alcoholic Beverage Control3927 Lennane Drive, Suite 100 Sacramento, CA 95834

: Hours of Sale

What is the last call in Los Angeles?

California Today A proposal in the State Legislature would allow San Francisco, Fresno and Oakland to keep bars open for two extra hours. Image Credit. Peter DaSilva for The New York Times Anyone who has spent a late night at a bar has heard the echoes of “last call,” the signal that the final drinks of the night are being served and that soon it will be time to head home. In California, the warning typically comes just before 2 a.m., after which it is illegal to sell alcohol anywhere in the state.

1. Now a proposal in the State Legislature wants to change that.
2. Senate Bill 930 would allow seven cities in California to serve alcohol until 4 a.m.
3. As part of a five-year pilot program beginning in 2025.
4. The places included are San Francisco, Fresno, Oakland, Cathedral City, Palm Springs, Coachella and West Hollywood.

Nationwide, the most common last call is at 2 a.m., but bars in New York City can serve until 4 a.m. and some in Chicago till 5 a.m. State Senator Scott Wiener, who wrote California’s proposal, said extending the hours that businesses can offer alcohol would provide them an economic boost after an especially tough few years.

1. Coming out of the pandemic, our nightlife venues are really hurting,” Wiener told me.
2. For some of these small businesses, this could be the difference between being viable and not being viable.” The bill is scheduled for a hearing next week before the State Assembly Committee on Appropriations.
3. To become law, it would need majority approval from both the Senate and Assembly as well as a signature from Gov.

Gavin Newsom. Though similar bills in the state have failed in the past, Newsom, who owns a winery and hospitality company, is expected to be more sympathetic than his predecessor. In 2018, Gov. Jerry Brown vetoed an earlier version of Wiener’s bill, which would have included Los Angeles and Sacramento, and cited a potential increase in drunken driving.

1. California’s laws regulating late-night drinking have been on the books since 1913,” Brown said in his veto statement,
2. I believe we have enough mischief from midnight to 2 without adding two more hours of mayhem.” Increasing the window for alcohol sales by two or more hours is associated with a rise in alcohol-related harms, such as driving after drinking and alcohol-linked assaults and injuries, according to an analysis in the Guide to Community Preventive Services from the C.D.C.

The findings are more than a decade old, but the connection between later trading hours and alcohol-related problems is still “as close to black and white as we can get,” said Paul Gruenewald, a senior research scientist at the nonprofit Prevention Research Center of Berkeley, which is sponsored by the government-run National Institute on Alcohol Abuse and Alcoholism.

Allowing bars to stay open later means that more people will be coming to bars to drink each night, or the same people will drink for longer, Gruenewald said. Either way, that results in more alcohol being consumed. “It’s not at all surprising: more alcohol, more problems,” Gruenewald told me. “It’s got to be one of the most bone-headed things I can imagine.” In West Hollywood, city officials have already voted to take advantage of the delayed last-call times if the state approves the measure.

“Many of us have explored and exhausted our options for innovative ways to continue paying our employees and keep doors open,” David Cooley, owner of the Abbey, one of the city’s most popular bars, told The Los Angeles Times. Wiener pointed out that under his proposal, cities could decide how to put the extended alcohol sale hours into effect.

1. Eeping bars open until 4 a.m.
2. Could be allowed only on a certain street, or on just one day of the week, he said.
3. It’s absurd that California has this one-size-fits-all closing time at 2 a.m., whether you’re in downtown San Francisco or a small farm town,” he told me.
4. We should give cities flexibility to decide what closing time works for them.

That’s all this does. It doesn’t force any city to do anything.” Image Credit. Victor J. Blue for The New York Times

Can under 21 drink with parents in California?

Underage Drinking: Underage Possession of Alcohol Possession is prohibited WITH THE FOLLOWING EXCEPTION(S): private location. OR parent/guardian. OR spouse.

Can you drink in public in California?

Like most states, California has prohibited the possession and consumption of an open container of alcohol in public places as well as in automobiles. If a person has an open container is on the streets, they may only be given a ticket. However, if an open container is in a car, the penalties are much more severe.

Is California a dry state?

FAQs on California Beer, Wine & Spirits Sales – What are the policies regarding the sale of alcohol on Sundays in California? California allows the sale of alcohol on Sundays. However, it’s subject to local government discretion. What are the alcohol laws in California? California law lets those under 21 consume alcohol in a private location.

1. Only if a parent, guardian, or relative is present and above the age of 21.
2. It is illegal for a minor to have a BAC of,01% and operate a vehicle.
3. It is unlawful to sell alcohol between the hours of 2 a.m.
4. And 6 a.m.
5. It is also unlawful for any person to knowingly purchase alcohol or consume it between those hours.

The penalty is a misdemeanor. Alcoholic sales during prohibited hours include a maximum penalty of $1,000.00 and/or 6 months in county jail. Bars cannot sell alcohol after 2 a.m. and patrons have to be out by 3 a.m. or by the time stated in a city ordinance.

• What are the hours retailers can sell alcohol? The law of selling alcohol as a retailer is very clear.
• Business and Professions Code Section 25631 sets the retail hours for the sale of alcohol in the state and notes that retail licensees may not give, sell or deliver alcohol between the hours of 2 AM and 6 AM.

Do Walmart, Target, and CVS sell alcohol in CA? Yes, beer and wine are sold at Walmart, as well as the Target grocery store. CVS convenience stores sell alcohol per the laws and regulations of the state and local municipality where the store is located provided that the purchaser of alcohol is 21 or older.

1. Target began selling alcohol in stores in 1996.
2. Of the 171 Target stores in Southern California, 32 are in Orange County.
3. Of those, 22 sell beer, wine, and spirits while nine sell only beer and wine.
4. A store in Santa Ana on 17th Street is the only Target in Orange County that does not sell alcohol.
5. CVS convenience stores sell alcohol per the laws and regulations of the state and local municipality where the store is located.

Walmart stores sell alcohol in all the states including CA. As a result, the retailer knows the rules to sell alcoholic beverages in every state, either inside the grocery store or in a separate structure next to its main store. The Walmart alcohol sales hours in California are between the hours of 6 am and 1 am.

1. What is the alcohol excise tax rate in California?
2. Wine
3. $0.20 per gallon
4. Sparkling – $0.30 per Gallon
5. Natural Sparkling – $0.20 per gallon
6. Cider – $0.20 per gallon
7. Beer/Malt
8. $0.20 per gallon
9. Liquor
10. $3.30 per gallon
11. >50% abv – $6.60 per gallon
12. Do they sell liquor, wine, or beer in gas stations in California?
13. Yes, they sell beer and wine at gas stations in California, but there are strict laws around the marketing and advertising of such products in gas stations.

California, although some dry counties do exist, is not a dry state, which means you can buy alcohol within the state. If you’re looking to learn the rules, regulations, and laws on buying beer, wine, and spirits within the state, then see below. Learn more about buying both off-premise and on-premise today.

Can you drink at 18 in California?

B & P Code 25665.Minors in Public Premises (On-Sale Only) – Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor.

Can you buy alcohol in California on Sunday?

States with Stringent and Lenient Statutes – According to the National Alcohol Beverage Control Association (NABCA), there are three states that are entirely dry states according to their state policies. The states are Kansas, Mississippi, and Tennessee.

These three states are considered to have the most stringent liquor laws. The counties in these states must specifically authorize the sale of alcohol in their statutes in order for it to be legal within the county, and alcohol sales must abide by state liquor control regulations. However, a surprising number of states in the country have counties that are dry counties (see NABCA for a list),

Numerous states and counties have less stringent laws, and Nevada is probably the state with the most lenient laws regarding alcoholic beverages. Specific state organizations and regulations are listed next. Based on the information provided by NABCA, there are also numerous states that contain municipalities that declare themselves as dry municipalities in counties that are not actually dry counties.

• In addition, certain isolated religious sectors may forbid the sale of alcoholic beverages within their boundaries in specific states and municipalities.
• This makes the situation even more confusing.
• Individuals should always refer to formal guidelines in a municipality, county, or state to get a better understanding of who is legally able to sell, purchase, and possess an alcoholic beverage.

The basic information provided in each section determines when alcoholic beverages can legally be sold, what venues can sell them, and the closing times of bars in the state. The information in the article refers to the sale of beer, wine, and liquor.

How a Store, Restaurant, or Bar Can Lose It’s Liquor License What Can Happen to a Bartender That Servers a Customer Too Much to Drink? Are There Laws About Serving Alcohol to a Pregnant Woman?

California The major organizations that are involved in the control and sale of alcoholic beverages within the state of California include:

California Department of Alcoholic Beverage Control Phone: (916) 419-2500 a href=”http://www.boe.ca.gov/” target=”_blank” rel=”noopener”>California Board of Equalization Phone: (916) 445-6464

In general beer, wine, and liquor can be purchased at licensed facilities, including grocery stores. The sale of alcoholic beverages in the state of California can occur weekly between the hours of 6 a.m. and 2 a.m. every day, including Sunday. The closing time for bars in the state of California is 2 a.m.; however, there is legislation attempting to change the legal closing time for bars to 4 a.m.

Florida Department of Professional Business Regulations: Division of Alcoholic Beverages and Tobacco Phone: (850)488-3227 Fax: (850) 922-5175

At the time of this writing, it appears that in most jurisdictions within the state, beer and wine can be sold at grocery stores and facilities that are licensed to sell beer and wine, but liquor sales can only occur at establishments that have a specific license to sell liquor (e.g., bars and liquor stores).

• In most jurisdictions, sales of alcoholic beverages can occur between 7 a.m.
• And 3 a.m.
• In retail establishments, and the bar closing time is 2 a.m.
• Maximum size for beer and malt liquor bottles sold at retail establishments appears to be 32 ounces in most jurisdictions.
• It appears that bartenders in Florida can be between the ages of 18 and 21 years old.

Louisiana For information regarding the sale and possession of alcoholic beverages in the state of Louisiana, refer to:

Louisiana Department of Revenue: Alcohol and Tobacco Control Office Phone: (225) 925-4041 Fax: (225) 925-3975

Depending on the jurisdiction, the sales of alcohol can vary quite a bit in Louisiana. In general, beer, wine, and liquor can be purchased at grocery stores, beer and wine stores, and liquor stores. Bar closing time is 2 a.m. Different jurisdictions may have quite different restrictions regarding Sunday sales of alcohol.

Alcoholic Beverage Control Office Phone: (601) 856-1301 Fax: (601) 856-1390

As mentioned above, Mississippi has some very stringent restrictions on the sale of alcoholic beverages. As a general rule, beer can be purchased at grocery stores because the state does not define beer as an alcoholic beverage, but wine and liquor can only be purchased at retail establishments that are licensed to sell them, such as liquor stores.

1. Sale hours vary according to locality, but as a general rule, the sale of alcoholic beverages is allowed from 10 a.m.
2. To 10 p.m.
3. Monday through Saturday.
4. Sunday sales are restricted, or alcoholic beverages are not available for sale on Sundays.
5. The closing time for bars is 2 a.m.
6. In addition, numerous counties are dry for hard liquor or also dry for beer and wine.

Check the links and above site for more information. Nevada Permits to sell alcoholic beverages are regulated by each individual county in Nevada. General information regarding the sale and possession of alcohol in the state of Nevada can be gleaned from the Nevada Department of Taxation,

Carson City Call center: 1-866-962-3707 Phone: (775) 684-2000 Fax: (775) 684-2020 Reno Phone: (775) 688-1295 Fax: (775) 688-1303 Las Vegas Phone: (702) 486-2300 Fax: (702) 486-2372 Henderson Phone: (702)486-2300 Fax: (702) 486-3377

Beer, wine, and liquor can be purchased at grocery stores, party stores, and liquor stores. There are no Sunday restrictions. In general, alcohol can be purchased around the clock, seven days a week, and bars are open 24 hours a day. Again, various local restrictions may apply.

New Jersey Department of Law and Public Safety: Division of Alcoholic Beverage Control Phone: (609) 984-2830 Fax: (609) 633-6078

In New Jersey, beer can be purchased at grocery stores, whereas wine and liquor can only be purchased in stores that are licensed to sell them, such as liquor stores. Retail sales of alcohol are regulated and have reduced hours in some counties, but overall, sales are allowed from 9 a.m.

1. To 10 p.m.
2. Jersey City and Newark have exceptions).
3. Closing time for bars is 2 a.m.
4. There are several dry counties in the state.
5. Due to the very high cost of liquor licenses in New Jersey, some establishments enact a “bring your own beer” policy, allowing patrons to bring their own beer or wine for consumption at the establishment.

Rhode Island The regulatory body for the sale of alcoholic beverages in the state of Rhode Island is the:

Division of Commercial Licensing and Regulation: Liquor Enforcement and Compliance Phone: (401) 222-2562 Fax: (401) 462-9645

Alcohol sales are allowed Monday through Saturday from 9 a.m. to 10 p.m. and on Sunday, from 10 a.m. to 6 p.m., in retail establishments that have a license to sell liquor. The bar closing time in Rhode Island is 1 a.m. Texas Texas state regulations regarding the sale of alcoholic beverages can be found at the:

Texas Alcoholic Beverage Commission Phone: (512) 206-3333 Fax: (512) 206-3449

In general, grocery stores can sell beer and wine, but liquor stores are the only retail outlets that can sell liquor. The sale of alcoholic beverages can occur from 7 a.m. to 12 a.m. Monday through Friday; 7 a.m. to 1 a.m. Saturday; and from 12 p.m. to 12 a.m.

Can you drink in a car in California?

CA Vehicle Code 23221 – Drinking in a Vehicle 23221 (a) No driver shall drink any alcoholic beverage while in a motor vehicle upon a highway (b) No passenger shall drink any alcoholic beverage while in a motor vehicle upon a highway. In California, it is illegal for anyone in a vehicle to drink alcohol.

Can you pour beer and wine at 18 in California?

Legal age to pour alcohol: The legal age for bartenders and cocktail servers is 21. When alcohol is served in a place where the primary service is food, and alcohol is an incidental part of the server’s overall duties, individuals 18 and over can pour alcohol. The same designations listed above apply here.

What time do bars have to close in California?

California lawmakers reject a bill to extend bar hours to 4 a.m. in three cities SACRAMENTO — California lawmakers on Wednesday rejected legislation that would have allowed West Hollywood, San Francisco and Palm Springs to authorize weekend alcohol service until 4 a.m.

At bars, nightclubs and restaurants. Senate Bill 930 by state Sen. Scott Wiener (D-San Francisco) would have allowed each city to extend alcohol sales until 4 a.m. on Saturdays, Sundays and some holidays and until 3 a.m. all other days. Under current law, those businesses can sell alcohol until 2 a.m. “SB 930 is a local control bill that lets cities decide what nightlife works best for their communities and small businesses,” Wiener and Assemblymember Matt Haney (D-San Francisco) said in a statement after the bill was defeated in the Assembly.

“We are assessing whether there is a path to pass the bill off the Assembly floor.” Wiener has said the extended hours would have helped small businesses that have been struggling to get back on their feet after the height of the COVID-19 pandemic. He also said that the added nightlife would have helped unify the LGBTQ communities in West Hollywood, San Francisco and Palm Springs.

Leaders in all three cities had asked to be included in the pilot program. In 2018, Wiener introduced a similar bill, which was vetoed by then-Gov. Jerry Brown. “I believe we have enough mischief from midnight to 2 without adding two more hours of mayhem,” Brown wrote in his veto message. Wiener tried again in 2019 with a bill that would have allowed extended alcohol sales in 10 cities, but that failed to pass in the Assembly.

On Wednesday, the Assembly rejected his latest version, which had passed overwhelmingly in the Senate in May. Republicans and Democrats spoke against the bill during a debate on the Assembly floor, expressing concern that extending serving hours would lead to more alcohol-impaired drivers on the streets.

Extending these hours of service for people to become impaired, mixed with the fatigue factor that also is an extreme threat to public safety, is asking for death. I promise you that there will be death, needless death, if we pass this bill,” said Assemblymember Tom Lackey (R-Palmdale), a retired California Highway Patrol sergeant.

Wiener and Haney called that argument “misleading.” Haney who argued in favor of the bill on the Assembly floor, said research shows no increase in drunk driving cases in states, including New York and Hawaii, where bars and nightclubs serve alcohol beyond 2 a.m.

• We found that there was no correlation between states with later closing times and higher rates of drunk driving,” Haney said.
• We need to reexamine our one-size-fits-all, top-down approach to nightlife in our state.
• It restricts business; it harms economic activity.” After the bill was defeated, Haney requested that it be allowed to come up for reconsideration later — a procedural move that offers a slim chance of success.

California allows the sale of alcohol from 6 a.m. to 2 a.m. for bars, nightclubs and restaurants. Those rules have been in place for more than 80 years. : California lawmakers reject a bill to extend bar hours to 4 a.m. in three cities

What time is last call in Las Vegas?

United States – In the U.S., the last call time varies mostly on state, county and/or municipality. State-specific laws

• Alabama : 2 a.m. (Many bars and nightclubs in Birmingham have certain licensing to serve alcohol past 2 a.m., and instead determine last call when business diminishes. There is at least one nightclub in the city that serves alcohol 24/7 365 days a year. Mobile has many 24/7 bars, and the bars in its downtown entertainment district typically stay open until 7:00 am the next morning on Thursday, Friday, and Saturday nights.)
• Alaska : 5 a.m.; while most cities restrict this further, some do not (primarily smaller Matanuska-Susitna Valley towns), and some villages are dry,
• Arizona : 2 a.m.
• Arkansas : 2 a.m.
• California : 2 a.m.
• Colorado : 2 a.m.
• Connecticut : 2 a.m. Friday and Saturday nights.1 a.m. Sunday through Thursday., 3 a.m. New Year’s Eve (Day)
• Delaware : Last call is 12:45 a.m. Service must stop at 1 a.m. All drinks must be removed from tables by 2 a.m. Service resumes at 9 a.m.
• District of Columbia : 3 a.m. on Friday night, Saturday night, and the night before a federal or D.C. holiday; 4 a.m. on the night of New Year’s Eve and the beginning of daylight saving time; 2 a.m. other nights.
• Florida : Last call set statewide to 2 a.m., some cities have passed exemptions to the law, notably Tampa, St. Petersburg, and Pinellas County (3 a.m.), Broward County (4 a.m.), Key West (4 a.m.), and Miami (24 hours in the Miami Entertainment District; 4:50 a.m. otherwise). Liquor store closing times vary by county.
• Georgia : Varies by county (most are set at 2 a.m., while others may have different times or no time at all). In Atlanta, most bars are allowed to close at 2:30 a.m., but Underground Atlanta can operate until 4 a.m.
• Hawaii : 4 a.m. Not all bars qualify for a 4 a.m. license; these must close at 2 a.m.
• Idaho : 2 a.m.
• Illinois : 1 a.m. through 3 a.m., varies by municipality. In Chicago, it is regular license bars 2 a.m., Sunday to Friday at 3 a.m. Saturday. Some bars have a late night license, allowing them to close two hours later so 4 a.m. Sunday through Friday at 5 a.m. Saturday.
• Indiana : 3 a.m. (was 12:30 on Sundays, not currently)
• Iowa : 2 a.m.
• Kansas : 2 a.m. (in the 17 counties allowing bars without limitation)
• Kentucky : 2 a.m. In Louisville, some bars may buy 4 a.m. licenses.
• Louisiana : There is no statewide closing time. Bars may remain open 24 hours a day, seven days a week. Except, Louisiana law provides:

“The governing authority of any municipality within a parish with a population between fifty-three thousand and fifty-seven thousand persons according to the most recent federal decennial census may enact ordinances to regulate the closing times of bars located within the municipality, subject to approval by a majority of the qualified electors of the municipality voting at an election held for the purpose.”

• Maine : 1 a.m., 2 a.m. on New Year’s Eve. In all instances, there is a 15-minute consumption period before the premises must be vacated.
• Maryland : 2 a.m.
• Massachusetts : 2 a.m., although cities and towns can (and frequently do) set last call earlier; Casinos can serve until 4 a.m., if purchaser is actively gaming. Alcohol sales stop 30 minutes prior to closing time.
• Michigan : 2 a.m., 4 a.m. New Year’s Eve.
• Minnesota : 2 a.m. Many cities have a 1 a.m. restriction.
• Mississippi : 12:00 midnight or 1:00 a.m.; depending on city. Larger metro areas usually adhere to “After Midnight” policy. Most casinos do not have a last call.
• Missouri : 1:30 a.m. in most of the state; 3 a.m. in specially licensed establishments in the two largest metropolises of St. Louis and Kansas City, and their surrounding areas.
• Montana : Last call for bars and taverns is around 1:30 a.m. One can purchase beer from many local gas stations and grocery stores until 2 a.m. State law reads, “Agency liquor stores may remain open during the period between 8 a.m. and 2 a.m.” In spite of this, most liquor stores close on or before 10 p.m. with the exception of casino/liquor stores.
• Nebraska : 1 a.m.; except for municipalities (Omaha & Lincoln) are allowed to stay open until 2 am.
• Nevada : There is no set statewide closing time. Bars may remain open 24 hours a day, 7 days a week.
• New Hampshire : Statewide is 1:00 a.m., bars must close at 1:30 a.m. Must call last call at 12:45 a.m. On-premises licensees may sell from 6:00 a.m. to 1:00 a.m., 7 days a week. The licensee may sell until 2:00 a.m. under conditions authorized by the city or town in which the premises (bar or club) are located if the city or town’s legislative body adopts an ordinance authorizing such sale
• New Jersey : No statewide closing time. Most municipalities set their last call at 2 a.m. Atlantic City serves 24 hours. Ocean City is a dry town,
• New Mexico : 2 a.m. Monday thru Saturday.12a.m. on Sundays.
• New York : Under state law, establishments must stop serving alcohol by 4 a.m. The actual closing time is left up to each of New York’s 62 counties. The 4 a.m. time applies in New York City ; clubs and bars may remain open without serving alcohol; they may start serving at 7 a.m. except on Sunday when sales begin at noon. Last call is also 4 a.m. in Albany, Buffalo, and Saratoga Springs, Binghamton has a last call of 3 a.m., Syracuse and Rochester have a time of 2 a.m., and Elmira, Geneva, and Ithaca have a time of 1 a.m. Rural counties may be even earlier.
• North Carolina : Last call is 2 a.m. statewide. On weekdays and Saturdays, alcohol can be sold beginning at 7 a.m., on Sunday alcohol sales begin at noon. Liquor stores (ABC) closed on Sundays.
• North Dakota : 1 a.m. Recent legislation allows each county and city by local option to set a 2 a.m. closing time. North Dakota’s closing time is strict. All drinks must be off the tables and the bar closed by the mandatory closing time.
• Ohio : Last call is 2 a.m. statewide, but establishments may acquire licenses that allow them to serve until 2:30 a.m. Store-bought beer and wine sales stop at 1 a.m. Liquor over 42 proof must be purchased in state-approved stores, whose sales stop at 10 p.m.
• Oklahoma : 2 a.m.
• Oregon : 2:30 a.m.
• Pennsylvania : 2 a.m. in taverns, 3 a.m. in membership-only clubs statewide. Sales may begin as early as 7 a.m. Pennsylvania Liquor Control Board –operated liquor stores (known as “Wine & Spirits Shoppes”, or commonly called “state stores”) operate various hours, but never open before 9 a.m. and never close later than 10 p.m. About ten percent of state stores, most of which near the borders of the Commonwealth, are open from noon to 5 p.m. on Sundays.
• Rhode Island : 1 a.m. seven days a week.2 a.m. in Providence only on Friday and Saturday nights and nights before a state-recognized holiday.
• South Carolina : Set by county or municipality. No alcohol sales (on or off premises) is permitted on Sundays, except in Aiken City, Columbia, Charleston, Greenville / North Augusta, South Carolina, Spartanburg, and the Myrtle Beach area.
• South Dakota : 2 a.m.
• Tennessee : 3 a.m.
• Texas : Serving stops at midnight or 2 a.m. (depending on city and county population) on Monday through Saturday; beverages may be sold until 1 or 2 a.m. Sunday (depending on population), and then again at 10 a.m. (if food is served with the liquor) or 12 noon (regardless of food). All drinks must be up fifteen minutes after serving stops. Starting September 1, 2021, hotel bars will be able to serve alcohol to registered guests 24/7
• Utah : Last call is 1 a.m., and establishments must be closed by 2 a.m.
• Vermont : 2 a.m., 3 a.m. on New Year’s Eve
• Virginia : All on-premises drinks must be up by 2 a.m. If Daylight Saving Time is ending, the first instance of 2 a.m. counts. Some bars possess grandfathered licenses obtained before the current last call was instituted, allowing them to sell at any time. Off-premises premises must stop by midnight. Liquors may be acquired for off-premises consumption only at state-run liquor stores, which have fewer hours.
• Washington : 2 a.m.
• West Virginia : 3 a.m.
• Wisconsin : 2 a.m. Sunday through Thursday, 2:30 a.m. Friday and Saturday. No closing time on New Year’s Eve.
• Wyoming : 2 a.m.

City-specific laws

• Albany, New York : 4 a.m.
• Atlanta : 2:30 a.m.; 4 a.m. in Underground Atlanta, Midnight on Sunday night/Monday morning.
• Atlantic City : Bars may stay open 24 hours a day, 7 days a week.
• Austin : 2 a.m.
• Baltimore : 2 a.m.
• Bloomington and Normal, Illinois : 1 a.m. on weeknights, 2 a.m. on weekends.
• Bloomington, Indiana : 3 a.m.
• Boston : 2 a.m.
• Buffalo : 4 a.m., 24 hours on specific holidays.
• Champaign, Illinois : 2 a.m.
• Charlotte : 2 a.m.
• Chicago : Some bars may choose to close at 2 a.m. or earlier. They may alternately get an extension to allow them to close at 4 a.m. or earlier. On Saturdays, closing times are shifted an hour back to 3 and 5 a.m.
• Cincinnati : 2:15 a.m. for last call; 2:30 a.m. for closing time.
• Cleveland : 2:30 a.m.
• Columbus : 2:30 a.m.
• Denver : 2 a.m.
• Florence, South Carolina : 2 a.m. for hard liquor, 3 a.m. for beer. This includes Sundays where any bar that is defined as a private club may operate 7 days a week, otherwise last call is midnight Saturday night, until the establishment reopens for business on Monday.
• Fort Wayne, Indiana : 3 a.m.
• Houston : alcohol service stops at 2 a.m.
• Indianapolis : 3 a.m.
• Kansas City, Missouri : 1:30 a.m. for most bars, 3 a.m. for specially licensed bars in certain geographic areas, 6:00 a.m. for one bar only, the Mutual Musicians Foundation.
• Key West, Florida : 4 a.m.
• Lake Charles, Louisiana : 24 hours a day except Sundays. Bars must be closed between 2:30 a.m. on Sunday and 12:01 a.m. on Monday.
• Las Vegas : Bars may stay open 24 hours a day, 7 days a week.
• Los Angeles : 2 a.m.
• Lexington, Kentucky : 2:30 a.m.
• Louisville, Kentucky : 2 a.m. or 4 a.m., depending on license.
• Miami : 3 a.m.; Bars may stay open 24 hours, 7 days a week in the Downtown Entertainment District.
• Minneapolis–Saint Paul : 2 a.m.
• Mobile : No last call for bars operating under a private club license
• New Orleans : Bars may stay open 24 hours, 7 days a week.
• New York City : 4 a.m.; nightclubs are permitted to stay open after 4 a.m. but cannot serve alcohol.
• Pensacola, Florida : 3 a.m. (within city limits, 2 a.m. for county)
• Peoria, Illinois : Bars in the downtown district may stay open until 4 a.m. Bars in other areas may stay open until 1 a.m. Sunday through Wednesday and 2 a.m. Thursday through Saturday. Bars may stay open 2 hours later than normal closing hours on New Year’s Eve, but additional patrons are not allowed after normal closing hours.
• Phoenix / Scottsdale : 2 a.m.
• Philadelphia : 2 a.m.
• Pittsburgh : 2 a.m.
• Providence : 2 a.m. on weekends, and nights before a state-recognized holiday.1 a.m. on weeknights.
• Rochester, New York : 2 a.m.
• Salt Lake City : 1 a.m.
• San Diego : 2 a.m.
• San Francisco : 2 a.m.
• Saratoga Springs, New York : 4 a.m.
• Savannah, Georgia : 3 a.m.
• San Antonio, Texas: 2 a.m.
• Seattle : 2 a.m.
• Shreveport, Louisiana : 6 a.m. for Downtown, 4 a.m. everywhere else.
• St. Louis : 1:30 a.m. for most bars, with some 3 a.m. bars
• St. Petersburg, Florida : 3 a.m.
• Tampa : 3 a.m.
• Washington, D.C. : 3 a.m. on Friday night, Saturday night, and the night before a federal or DC holiday; 4 a.m. on the night of New Year’s Eve; 2 a.m. other nights.

What are the alcohol rules in California?

Drinking Age in California – In California, the legal age to purchase and consume alcohol is the same as the rest of the country. You must be at least 21 years old to purchase or consume alcohol in the state. Businesses that sell or serve alcohol should have an ID checking system to verify their patrons’ ages before providing them with alcoholic beverages.

What are the drinking hours in Los Angeles?

B & P Code 25633. Hours for Delivery – Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturer’s agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m.

and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler,distiller, importer, or any of them.

Every person violating the provisions of this section is guilty of a misdemeanor.

Additional information may be obtained by contacting:Alcoholic Beverage Control3927 Lennane Drive, Suite 100 Sacramento, CA 95834

: Hours of Sale

Can you have open alcohol in California?

Under California law, BPC 25620, it is an infraction for any person to possess an open container of alcohol in any public place. This applies to any can, bottle or other receptacle which has been opened, or seal was broken, or the contents have been partially removed.

Can you have an alcoholic drink at lunch in California?

A. Use of Intoxicants – “Intoxicant” as used in this section means any alcoholic beverage or distilled spirit, and drugs or other substances summarized as opiates, opium derivatives, hallucinogenic substances (including marijuana), and depressants of the nervous system such as phenobarbital and amphetamines.

When the employer alleges that the claimant used an intoxicant or was intoxicated and the claimant denies the allegation, it is necessary to gather facts to determine if the claimant indeed used intoxicants or was indeed intoxicated. The statement, “He was intoxicated,” is a conclusion which may or may not be based on facts.

If the facts do not support the conclusion that the claimant used intoxicants or was intoxicated, he or she would not be disqualified. Example – Evidence of Intoxication: The claimant was employed as cab driver. On the day he was discharged, he had returned to the employer’s garage at the end of his shift and was observed by the head traffic superintendent as he checked in his cab.

• As a result of his observations, the superintendent reached the conclusion that the claimant had been drinking on the job, and immediately discharged the claimant.
• The claimant denied that he was intoxicated at the time in question.
• He said that he had donated a pint of blood to a blood bank two days earlier and that had left him in a weakened condition.

He stated that he felt ill when he turned his cab in, and that may be why the superintendent believed that he had been drinking. The employer’s head traffic superintendent testified that when he saw the claimant checking in at the garage, the claimant was in a ‘very staggering condition’; that he ‘wobbled’ in going from the time clock to the cashier; that in appearance he was ‘red faced, kind of blurry’; that in the 12 years of his employment with the employer, the superintendent had ‘probably handled 200 cases of drunkenness of drivers’; and that in his opinion the claimant was intoxicated.

The employer also introduced a written statement from the doctor in charge of the blood bank at which the claimant had made his blood donation. This statement showed that the claimant was examined prior to his blood donation and was found to be normal, and set forth the doctor’s opinion that the after effects of a blood donation in a normal person would not last longer than four or five hours.

Other evidence produced by the employer showed that the claimant had at least once previously been terminated for drinking on the job. The evidence in this case overwhelmingly points to the conclusion that the claimant was under influence of intoxicants at the time he checked his cab in at the appellant’s garage.

1. Note that the employer in this case did not just give a conclusion that the claimant was intoxicated.
2. Instead, the employer presented facts to support the conclusion that the claimant was intoxicated.
3. It is possible that a claimant will be under medical treatment and give the appearance of being intoxicated.

This can happen as a result of certain medical prescriptions and occasionally happens with a diabetic patient who has had improper insulin shots. Verification of the condition or the prescription of drugs generally may be obtained through the claimant’s physician.

• Title 22, Section 1256 37 provides: (Except where intoxication is the result of an irresistible compulsion to use or consume intoxicants or an inability to abstain),
• An employee’s conduct constitutes misconduct due to intoxication or the use or consumption of intoxicants if,
• 1) He or she is intoxicated at the time he or she reports to work or returns to work following a lunch or rest period or similar period.

As used in this subdivision, ‘intoxicated’ means under the influence of any intoxicant to the extent that a reasonable observer would conclude that there is a significant adverse effect upon an individual’s normal ability, skill, or competence to perform the usual duties of the work assigned.

2) He or she uses or consumes any intoxicant other than alcohol during a lunch or rest period or similar break period. (3) He or she uses or consumes any intoxicant during working hours. (4) He or she uses or consumes alcohol during a lunch or rest period or similar break period after prior warning or notice of an employer rule that use or consumption of alcohol during such break periods will result in discharge.

(5) He or she reports to work not intoxicated but with offensive physical effects due to the use or consumption of any intoxicant which adversely affects his or her ability or performance on the job, after receiving at least one warning or reprimand.

1. Intoxicated When Reporting to Work or Returning to Work After Lunch or Rest Period or Similar Break Period. When an employee is intoxicated his or her performance on the job would be adversely affected. He or she would have substantially breached a material duty owed the employer, and the resultant discharge would be for misconduct (unless the intoxication results from an irresistible compulsion). It is not necessary that there is an employer rule prohibiting intoxication for a finding of misconduct. Likewise, prior warning or reprimand is not necessary. Example – Report to Work Under the Influence of Alcohol: The claimant was a gardener. On the last day of work, he was blowing leaves off stairs with a portable blower when he slipped on some sand and fell injuring his ankle. He went to a medical center for treatment and afterwards he was asked to and participated in an alcohol and drug screen. He came up positive for alcohol. The reading was,12. He was then suspended and later discharged. The claimant testified that the night before he had the accident he drank three liters of wine, but did not drink after 10 p.m. or before going to work at 7 a.m. the following morning. He stated he did not have an irresistible compulsion to consume intoxicants. The discharge was for misconduct. The claimant reported to work under the influence of alcohol. He tested positive with a reading of,12, a reading in excess of the State standard for being under the influence while operating a motor vehicle. It evidently affected his ability to work. What if an employee refuses to take the alcohol or drug test required by the employer to determine if the employee is under the influence of intoxicants? If the employee refuses to take the test and is discharged for the refusal, see C.1. Refusal to Take Drug Test below.
2. Use of Intoxicant Other Than Alcohol During Lunch or Rest Period or Similar Break Period. Use of intoxicants other than alcohol during lunch or break periods would be misconduct, unless the use of intoxicant is due to an irresistible compulsion. Furthermore, it is not necessary that there is an employer rule prohibiting the use of intoxicants other than alcohol during the break periods, or that the claimant is given a prior warning, before misconduct is found.
3. Use of Intoxicants During Working Hours Using intoxicants during working hours would evince a disregard of the standard of behavior which the employer has a right to expect, and would be considered misconduct, unless the use is due to an irresistible compulsion. Example – Use of Controlled Substances During Working Hours: The employer, at the request of the Department of Defense, began an investigation into the use of drugs and the dealing of drugs on the employer’s premises by workers. During the course of the investigation, the claimant’s name was mentioned as a user and purchaser of controlled substances. The claimant was interviewed by an investigator. The claimant admitted to the investigator that he smoked marijuana during working hours and purchased other controlled substances from fellow employees. He was then discharged by the employer. The discharge was for misconduct. Using controlled substances during working hours violated the standards of behavior which the employer had a right to expect of him. Example – Drinking While on Duty: In P-B-221 the claimant, a bellman, was discharged for drinking while on duty. At approximately 9:00 p.m., room service was requested by a hotel guest; the guest was intoxicated and wished to discuss her marital difficulties. After five minutes’ conversation, the claimant returned to the lobby. An hour later the same guest requested a bottle of liquor, which the claimant delivered to her. A lengthy conversation ensued, the claimant drank one drink, and left. Shortly thereafter the claimant was summoned again, this time to deliver a carton of cigarettes, and was there about five minutes. During the course of the evening, the claimant also had a drink with another hotel guest. The next morning the hotel manager learned of the incidents, telephone the claimant, and reprimanded him. Later, the guest made an (unfounded) complaint that a ring was missing, and the manager called the claimant and told him not to report for work. Later, he discharged the claimant for drinking on duty and spending time in a guest’s room. The employer testified that all employees of the hotel are informed at the time of hire that drinking on the job is grounds for termination. The claimant testified that he had never been so advised, and that he saw nothing wrong with taking a drink during working hours. The Board disagreed and stated: In the instant case the evidence establishes conclusively that the claimant, while on duty,, partook of at least two drinks of intoxicating liquors with guests of the hotel. He was discharged for this violation of the employer’s rules and for spending time in a guest’s room. While there is a conflict in the evidence as to whether the claimant was specifically made aware of the existence of the rule against drinking, it is our opinion that his actions were such as to evince a disregard of the standards of behavior which the employer had a right to expect of him and were not simply good faith errors in judgment or discretion,, Note that when drinking on the job is involved, it is not essential that the employer has a rule against it. In P-B-221, the claimant stated he had never been advised that drinking on the job is grounds for termination. The Board admitted the conflict in the evidence as to whether the claimant was aware of the rule against drinking, but nevertheless found the claimant ineligible. Neither prior warnings nor reprimands are necessary for drinking on the job to constitute misconduct. Example – Drinking on the Job – No Prior Warning: The claimant was a home delivery driver. On the last date of work, after he made his deliveries and was returning his vehicle to the company, he was pulled over by the police. The claimant was arrested for driving under the influence of alcohol. He submitted to a blood test and was later found to have alcohol in his system in excess of the legal limits. The claimant ultimately pled guilty to the charges. He admitted to having at least two beers while he was still on duty. He said he had something to eat in his truck and also drank the beers. He contended that he had not been involved in this sort of problem with the employer before, and had never been warned that drinking on the job would subject him to automatic termination. The discharge was for misconduct. The claimant was arrested and convicted of being under the influence of alcohol while driving on the job. The absence of a warning on the part of the employer does not prevent the finding of misconduct. What if the claimant is a bartender and had a drink with his or her customers? In certain occupations, drinking on the job may be allowed or condoned. It is common for a bartender to have a drink with his or her customers. If the claimant was discharged solely for this reason, the discharge would not be for misconduct. What if the claimant states “everyone else on the job drank” as his or her reason for drinking? If this is so and the employer, although aware of the practice, took no action against it, the claimant’s discharge would not be for misconduct. The employer, in effect, would have condoned the drinking. However, if the employer was not aware of the practice, the fact that “everyone else drank” would be immaterial.
4. Use of Alcoholic Intoxicant During Lunch or Rest Period or Similar Break Period Use of an alcoholic intoxicant during lunch or break periods would not be misconduct unless there is an employer rule prohibiting consumption of alcohol under penalty of discharge, and the claimant knows about it or prior warnings have been given.
5. Reports to Work With a Hangover An individual may be subject to disqualification if he or she reports to work with a hangover, even though he or she may not be intoxicated. The hangover may adversely affect his or her ability to work or may offend the employer’s customers. It should be noted that when the claimant was discharged for reporting to work with a hangover, it requires at least one warning or reprimand for a prior violation before misconduct is found, Example – Reporting to Work With a Hangover: The claimant was a stock clerk and food checker in a chain store. His employment contract called for him to be at his checkstand, ready to work, at twelve noon. On the last day of work, he entered the store at noon and went to a back room to prepare to go to work. After 10 or 15 minutes, the acting manager checked and found that he was still preparing to go to work. His eyes were bloodshot, his clothes wrinkled, and he smelled strongly of alcohol. He said that he had been to a party the night before, had a few drinks, and had not arrived home until 2:30 a.m. Because the claimant had received prior warnings for the reporting to work in a like condition, he was discharged. The claimant had a duty to conduct himself during his off-duty hours in a manner that would enable him to report to work ready for work at the scheduled hour and in proper physical condition. The discharge was for misconduct, the claimant breached a duty owed his employer.
6. Use of Intoxicants Off the Job Generally speaking, the conduct of a claimant off the job is his or her own affair and does not affect the employer’s legitimate business interests. However, if the claimant used or consumed intoxicants while off the job to the degree that it seriously impaired his or her ability to work, this would tend to injure the employer’s interests and misconduct may be shown, unless the use of intoxicants is due to an irresistible compulsion. Example – Drinking Off the Job Not Misconduct: In P-B-191, the claimant was employed as a janitor by the Mather Air Force Base. He was arrested for drunk driving and paid a fine of $250. Later he was separated from federal service on the ground of serious misconduct while off duty. The Board found the claimant eligible and stated: We have previously held that, in order to constitute misconduct within the meaning of code section 1256, the claimant must have materially breached a duty owed the employer under the contract of employment, which breach tends substantially to injure the employer’s interest., In the present case, the incident occurred while the claimant was off duty and did not tend substantially to injure the employer’s interest. Accordingly, we find that the claimant was discharged for reasons other than misconduct connected with his work. What if the claimant has consented, as a condition of employment, to refrain from drinking both on and off the job? Example – Claimant Consented Not to Drink: The claimant had been suspended for 30 days for reporting to work under the influence of alcohol. He was reinstated when he agreed to refrain from drinking alcoholic beverages, both on and off the job. It was also agreed that any violation of this stipulation would result in a discharge. About three months later the claimant was arrested for driving without a driver’s license. After his release the employer convened a conference to ascertain the reason for his arrest. At the conference, the employer asked the claimant if he had drunk any alcoholic beverages since their agreement. The claimant replied that during his off duty hours he had an occasional beer. The employer then discharged the claimant for violating their agreement. The Board found the claimant eligible and stated: A claimant’s activities during off-duty hours may very well be detrimental to the employer’s interest, and a discharge because of such activities can be for misconduct connected with the work. Although the claimant did not violate an employer rule, he did violate the agreement he had with the employer. The claimant was not discharged because he was incarcerated, but because he admitted drinking an occasional beer off the job. The record is clear that after signing the agreement the claimant did not report for work under the influence of alcohol. Nor did he report with the odor of alcohol on his breath. There is no showing that his off-the-job drinking subsequent to the agreement adversely affected the employer’s interests. Before it can be held that mere violation of an agreement constitutes misconduct; it must be shown that the act itself was misconduct. In this case, the employer presented no evidence to show that the claimant’s failure to live up to the terms of the agreement injured or tended to injure the employer’s interest. What if the use is off the job, and the claimant reports to work with a detectable level of a controlled substance in his or her system, but not under the influence of the controlled substance? Example – Report to Work With Detectable Level of Intoxicant: The employer had a substance abuse policy which prohibited employees from reporting to work with a detectable level of intoxicants or illegal drugs. The policy further provided that an employee involved in a workplace accident would be required to take a drug test. Refusal to submit to a drug test under those circumstances would be cause for discharge. The claimant worked as a ramp worker from 3:00 p.m. to 11:00 p.m. At about 7:00 p.m. he moved a jetway from an aircraft. Prior to doing that, he did not disconnect the ground power line which was connected to the plane. As a result, damage was caused to the aircraft. The claimant immediately notified the supervisor. The claimant was then escorted to a nearby medical facility for a drug test. He tested positive for the presence of marijuana metabolites. The results were confirmed by another test. The claimant was then discharged. The claimant admitted that he used marijuana at a bachelor party two days prior to the incident, but said that when he reported to work on the last day he was not feeling the effects of the marijuana usage. The discharge was for misconduct. The employer’s policy prohibited employees from reporting to work with a detectable level of intoxicants. The claimant wilfully violated a reasonable employer rule.