TO: Board of Supervisors
FROM: Fire Marshal Jason Downs
REPORT BY: Deputy County Counsel Shana A. Bagley
SUBJECT: Adopt a Resolution responding to the State mandate creating Type 93 Estate Tasting Event permits under AB720
RECOMMENDATION
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Adopt a Resolution to responding to the State mandate creating Type 93 Estate Tasting Event permits under AB720. (No Fiscal Impact.)
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BACKGROUND
Effective January 1, 2026, under Assembly Bill 720 (Rogers, D-Santa Rosa), the California Department of Alcoholic Beverage Control (ABC) will offer an estate tasting event permit (known as a "Type 93 permit") that may be issued to a licensed winegrower. The permit will grant the winegrower the ability to exercise its tasting room privileges, for wine manufactured by or for the winegrower, on either property adjacent to their licensed premises that is owned by or under control of the licensee, or a nonadjacent vineyard that is owned by or under control of the licensee. The purpose of the permit is to enable winegrowers to host special events in areas adjacent to their winery that are currently unlicensed or in their vineyard that is not licensed for alcohol sales and consumption. Legislative history indicates that the permit was modeled after the Beer Manufacturer’s Caterer permit (Type 91).
Pursuant to the newly enacted Business and Profession Code sections 23320 and 23399.03, in order to exercise the privileges of the permit, the winegrower must apply to ABC for an event authorization, and a permit holder is capped at receiving no more than 36 event authorizations per calendar year. Upon receiving the event authorization from ABC, the permit holder will be able to exercise its tasting room privileges in the approved area. Tasting room privileges that may be exercised include both on-sale and off-sale of the winegrower's wine. As with other related ABC permits, Section 23399.03. subdivision (g), requires approval of the permit from local law enforcement, including the fire marshal.
Although the ABC permit itself extends the tasting room privileges to a different parcel, it does not override local and state land use, life safety, and accessibility requirements. Section 23399.03, subdivision (h), states that nothing in section 23399.03 is intended to alter, diminish, replace, or eliminate the authority of the County from exercising land use regulatory authority by law to the extent the authority may restrict, but not eliminate, privileged privileges afforded by that section.
On November 18, 2025, the Board of Supervisors directed staff to provide direction regarding a review and approval process of the Type 93 permits. After outreach and review, staff now presents a recommended review and approval process and interpretive guidance for an 18-month pilot program.
This proposed pilot program does not create new regulations but is for the purpose of responding to and providing interpretive guidance related to the state mandated ABC permit category under Business and Professions Code sections 23320 and 23399.03.
KEY ELEMENTS
Regulatory Scope of Type 93 Permits
Type 93 permits allow special events to occur on properties containing vineyards, but do not contain a winery production facility. The authority to host these events stems from having a valid Type 02 winegrower license, and the purpose of a winegrower license from the ABC is authorization of the production and sale of wine by wineries and requires facilities and equipment for the conversion of fruit into wine.
The Bill clearly acknowledges that local governments have broad land use authority, with each municipality having the authority to establish its own approval requirements for special events. It is the responsibility of all winegrowers to obtain any approvals required from their local jurisdiction prior to holding an event, and an event authorization approved by ABC does not supersede or relieve the winegrower from receiving any approvals necessary from their local jurisdiction. The Bill is silent on application of other State regulations, including building and fire safety, ADA accessibility, food safety, water, and public health requirements.
Existing Policies Regulating Events and Marketing of Wine
For Napa County, Type 93 permits are a new category of events not previously contemplated in existing Napa County Code. They do not fall within the category of a Temporary Event (County Code Chapter 5.36).
The County regulates First Amendment temporary event activity under its Temporary Events ordinance. Under the code, a temporary event is any festival, fair, show, showcase, house or garden design tour, concert, dance, rally, parade, demonstration or competition of creative athletic form, or any other gathering or assemblage of individuals for the purpose of observing or engaging in expressive activities within the ambit of the First Amendment to which the public is invited or admitted with or without the payment of an admission charge.
Most temporary events require a ministerial permit that imposes reasonable “time, place, and manner” regulations on First Amendment activities, which under the ordinance, the County is required to permit everywhere in the unincorporated areas of the County. The temporary event license process was created because the County’s general plan and zoning do not provide a constitutionally sufficient opportunity for such events to occur in conformance with the County’s zoning regulations and General Plan. The temporary event license method of imposing health and safety (not zoning) regulations accomplishes this purpose.
First Amendment activities must feature an expressive activity, and the sale of a product must be purely incidental. Conduct is only entitled to constitutional protection if it is “sufficiently imbued with elements of communication.” Elements of communication requires, at the very least: (1) an intent to convey a particularized message along with (2) a great likelihood that the message will be understood by those viewing it.
Similarly, a winery use permit is required to be able to conduct marketing events because the winery is defined as agriculture and functions as the primary use to which the “marketing of wine” is accessory, subordinate, and incidental. Furthermore, marketing event activities (County Code section 18.08.370) are limited to the “marketing of wine” only at the winery parcel. Type 93 permits are not issued on parcels containing the winery.
The existing regulatory framework subjects these activities to applicable building and fire safety, ADA accessibility, food safety, water, and public health requirements, commensurate with the size, location, and intensity of the activity.
PROPOSED PILOT PROGRAM
Although Type 93 permits are not presently addressed within the existing regulatory framework, staff is now proposing a narrowly defined set of de minimis vineyard visits that could be integrated into the current regulatory structure for County’s Road and Street Standards (RSS). It is proposed that the Fire Marshal’s Office Fire be the local authority to review and approve the proposed Estate Tasting Event permits due to the events’ outdoor nature, vehicle use, and ingress/egress issues for first responders and visitors.
The proposed pilot program and interpretive guidance allow for a small number of visitors and vehicles to use defined agricultural roads would not be contradictory to current processes. At a minimum, such a limited scope would include the following parameters:
• Vineyard visits would occur no more than 36 days a year as allowed by AB 720.
• Each vineyard visit would be limited to no more than 49 people or any lesser restrictions provided by applicable use permits or entitlements for the particular parcel.
• Vehicle traffic is limited to 40 ADT or any lesser restrictions provided by applicable use permits or entitlements for the particular parcel.
• The event would be limited to operation in daylight hours and to outdoor locations. Events are prohibited inside/under structures requiring permits. For example, a tasting event at a picnic bench or under a temporary shade structure that is less than 120 square feet in size is permissible.
• Approval of the permit by the ABC and the County Fire Marshal does not imply compliance with or approval of any other federal, state, or local rules, regulations, codes, or ordinances.
• Permit holders remain solely responsible for ensuring that all event activities adhere to all applicable laws and regulations.
• Approval of this permit by ABC and the County Fire Marshal does not override or impact the restrictions or limitations of any use permit or winery entitlement for that parcel. For example, ADT and/or number of people in attendance may be less than as stated in these interpretation guidelines if otherwise required by law, use permit, or entitlement.
The purpose of this permit review and approval process is to provide a consistent method for reviewing and managing these limited events created by State mandate, so they do not increase fire risk, impair emergency access, or create public safety hazards.
NEXT STEPS
Implement the Estate Tasting Event Permit review and approval process, following the interpretive guidelines for 18-months. Prior to the expiration of the pilot program, staff will return to the Board with an analysis of the collected data and further engagement with stakeholders and to discuss future policy considerations.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Article 19 of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines) establishes a list of classes of projects that are categorically exempt from the provisions of CEQA. The Board finds that the proposed Interpretive Guidelines attached as Exhibit “A” meets the criteria for eligibility as Categorically Exempt. The project will not impact an environmental resource of hazardous or critical concern, has no cumulative impact, there is no reasonable possibility that the activity may have a significant effect on the environment due to unusual circumstances, will not result in damage to scenic resources, is not located on a list of hazardous waste sites, cause substantial adverse change in the significance of a historical resource or extract groundwater in excess of groundwater extraction standards. See Class 4 (“Minor Temporary Use of Land”) and Class 5 (“Minor Alterations in Land Use Limitations”) which may be found in the guidelines for the implementation of the CEQA at Title 14 CCR §15304 and Title 14 CCR §15305. The Board further finds that the proposed Interpretive Guidelines attached as Exhibit “A” are exempt from the CEQA under the General Rule because it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore the CEQA is not applicable; the Interpretative Guidelines are not a project as defined by Title 14 CCR §15378(b)2) which exempts general policy and procedures implementing state legislation and therefore CEQA is not applicable; and Public Resources Code § 21080 (b)(1) and Title 14 CCR § 15268 (a) which exempts ministerial projects from CEQA. [See Guidelines for the Implementation of the CEQA, CCR Title 14 § 15061(b)(3) and §15268 (a).]