Assembly Bill 720 created a new Estate Tasting Event Permit (Type 93) that allows Type 02 wineries to exercise their tasting room privileges at properties they own or control, whether adjacent to the licensed premises or at non-adjacent vineyard sites. While this new privilege offers wineries greater flexibility to host immersive vineyard experiences, it does not override local land use controls. Sonoma County recently issued guidance clarifying how the Type 93 permit may be used on agriculturally zoned vineyard parcels and when additional land use approvals are required.

Sonoma County’s Approach to Vineyard Tastings

Sonoma County has clarified how Type 93 permits may be used on vineyard parcels located within the County’s primary agricultural zoning districts:

• LIA – Land Intensive Agriculture
• LEA – Land Extensive Agriculture
• DA – Diverse Agriculture

The County distinguishes between recreational uses of a vineyard, which may occur without land use approval, and vineyard tastings, which generally require land use approval.

Limited Vineyard Picnicking

According to Sonoma County’s guidance, certain small gatherings associated with a Type 93 permit may be considered recreational use of an agriculturally zoned vineyard parcel. If the activity qualifies as recreational picnicking, it may occur without a land use permit under the County’s zoning code.

To qualify under this interpretation, the activity must meet the following conditions:

• The gathering involves fewer than 20 people.
• The activity occurs no more than one day per month.
• Activities take place during daylight hours only.
• No temporary or permanent structures are used, including tents.
• The event does not involve amplified sound.

When these conditions are satisfied, Sonoma County interprets the activity as a recreational use of agricultural land rather than a visitor-serving winery event.

Activities Requiring Land Use Approval

For vineyard tastings that do not meet the County’s definition of recreational picnicking, the use of a Type 93 permit must be consistent with an existing land use approval.

Relevant approvals may include:

• A use permit for winery or agricultural processing operations,
• A use permit authorizing a tasting room, or
• A temporary special event permit.

Sonoma County also notes that land use permits typically apply to the entire parcel, while an ABC license defines a specific licensed premises within that parcel. As a result, wineries must ensure that both their land use approvals and ABC premises diagrams allow the proposed activity.

State Framework for Estate Tasting Events

The California Department of Alcoholic Beverage Control (ABC) administers the Type 93 permit.

• Annual Permit: Wineries must obtain the Type 93 permit itself at a cost of $210 annually ($200 base fee plus $10 surcharge). Only holders of a Type 02 winegrower license may obtain the permit.
• Individual Event Authorizations: Each tasting event requires a separate authorization from ABC, submitted at least 3 days (but no more than 90 days) in advance, at a cost of $100 per event.
• Annual Cap: Maximum of 36 events per year per licensee.
• Standard Regulations Apply: All tasting room regulations continue to apply, including RBS training requirements.

As ABC guidance emphasizes, however, approval of a Type 93 event authorization does not substitute for compliance with local land use requirements.

Navigating the overlap between ABC event authorizations and Sonoma County’s land use framework requires careful attention to both state and local requirements. Early coordination with County planning staff and legal counsel can help avoid compliance issues and ensure events proceed without disruption.

If you have questions about how AB 720 affects your operation, or

need assistance with permit applications, compliance planning, or navigating

local land use requirements, please contact our office.

Jeremy Little at jlittle@cmprlaw.com
520 Third Street, Suite 500, Santa Rosa, CA 95401
Phone: 707-526-4200

Jessica King at jking@cmprlaw.com
300 Oswego Pointe, Suite 103, Lake Oswego, OR 97034
Phone: 503-658-9925