Where To Buy Beer After 2 A.M.?

The ability to buy beer after 2am varies by location. In California, it is illegal to sell alcohol between 2am and 6am. In North Dakota, alcohol sales are prohibited between 2am and 8am. In Wisconsin, some bars close at 2am but reopen at 6am. In New York, alcohol sales are prohibited between 4am and noon on Sundays. In Arizona, alcohol can be purchased between 6am and 2am every day. In Nevada, alcohol sales are allowed 24/7 unless in the dry township of Penaca. In some locations, alcohol sales are prohibited on Sundays, such as in Mississippi, Alabama, and Kentucky.

California's 2am sales rule

In California, it is illegal to sell alcohol between 2:00 a.m. and 6:00 a.m. This rule applies to any on-sale or off-sale licensee, or agent or employee of that licensee. The California 2am alcohol law prohibits the sale of alcoholic beverages during specific hours, and those who violate this law are guilty of a misdemeanour. This includes bars, clubs, liquor stores, grocery stores, and gas stations. The law is in place to regulate the sale and consumption of alcohol, and it is enforced by the Alcoholic Beverage Control (ABC) in California.

The specific code section defining this crime is the Business and Professions Code 25631 BPC, which states that any on-sale or off-sale licensee, or their agent or employee:

> "who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o'clock a.m. and 6 o'clock a.m. of the same day, is guilty of a misdemeanour."

The law also defines an "on-sale premise" as a bar or nightclub licensed to sell alcohol for consumption on the premises, and an "off-sale premise" as a liquor store licensed for consumption off the premises. The punishment for violating this law includes imprisonment of up to six months and/or a maximum fine of $1,000.

Additionally, it is also illegal for any retail licensee, or their agent or employee, to allow the consumption of alcoholic beverages on their licensed premises during the hours when sales are unlawful. This means that even if alcohol was purchased before 2:00 a.m., it is illegal for establishments to permit consumption after that time. This is to prevent people from ordering multiple drinks before the cut-off time and continuing to drink after 2:00 a.m.

The 2am rule is a unique aspect of California liquor laws, and it is important for businesses and consumers to be aware of the regulations to avoid legal consequences.

State-specific regulations

Alabama

On and off-premise sales of beer and wine are limited to 2 a.m. on Sundays, while spirits are prohibited from being sold in supermarkets. Alcohol can be served 24 hours a day unless restricted by local ordinances, and there is a 6% ABV cap on beer sales.

Alaska

On and off-premise sales are allowed from 8 a.m. to 5 a.m. any day of the week, and liquor sales are prohibited in grocery stores.

Arizona

Alcohol sales are permitted from 6 a.m. to 2 a.m. every day, and drive-through liquor stores are legal.

Arkansas

On-premise sales vary by establishment type and hours, while off-premise sales are allowed from 7 a.m. to 1 a.m. Monday to Friday and until midnight on Saturdays. Beer and wine can be purchased in supermarkets, but spirits cannot. Sunday and Christmas Day sales are prohibited.

California

Alcohol sales are allowed from 6 a.m. to 2 a.m. daily, and there are no restrictions on the types of alcohol sold in grocery stores. Counties can implement additional restrictions.

Colorado

On-premise sales are permitted from 7 a.m. to 2 a.m., and off-premise sales until midnight. Only 3.2% ABV beer can be sold in grocery stores.

Connecticut

On-premise sales are allowed from 9 a.m. to 1 a.m. Monday to Thursday, and until 2 a.m. on Fridays and Saturdays. Off-premise sales are permitted from 8 a.m. to 9 p.m. Monday to Saturday, and off-premise sales are prohibited on Sundays and holidays. Beer can be purchased in grocery stores.

Delaware

On-premise sales are allowed from 9 a.m. to 1 a.m. daily, and off-premise sales have the same hours except on Sundays, when they are permitted from noon to 8 p.m. Off-premise sales outside of licensed liquor stores, taprooms, or brewpubs are not allowed, and holiday sales are prohibited.

These examples demonstrate the diversity of state-specific regulations governing alcohol sales, particularly after 2 a.m. It is important to consult the laws in your specific state and locality to ensure compliance.

Local jurisdictions

Business Type and Premises:

Local laws may differentiate between on-premises and off-premises sales. On-premises sales refer to the purchase of drinks at restaurants and bars, while off-premises sales involve buying bottles or cans from grocery stores, convenience stores, and liquor stores. Some jurisdictions have distinct regulations for these two types of sales, allowing greater control over where and when alcohol can be purchased.

Alcohol Type:

Day and Time Restrictions:

Local laws can vary depending on the day of the week and specific times. For example, some jurisdictions may prohibit the sale of alcohol after 2 am on weekdays but allow it on weekends. Others might have different rules for holidays, with extended or reduced hours. These variations aim to accommodate the needs of the local community while managing the potential impacts of alcohol consumption.

Dry Counties and Cities:

In some states, entire counties or specific cities within them may be designated as "dry," meaning the sale of alcohol is prohibited altogether. These dry areas can exist even within states that generally allow alcohol sales. Private clubs or establishments with special licenses may be exempt from these restrictions in some cases.

Local Opt-In or Referendum:

In certain states, local jurisdictions can opt-in or hold a referendum to permit alcohol sales during specific times, such as on Sunday afternoons. This gives communities a more direct say in when alcohol can be sold, allowing for a balance between accessibility and responsible consumption.

Local Exceptions:

While states may have overarching alcohol regulations, local jurisdictions are often authorised to set their own exceptions. These exceptions can include extended hours for private clubs, special permits for events, or specific rules for particular counties or cities within a state. These exceptions highlight the importance of understanding the local laws in your area.

It is important to remember that local jurisdictions have significant influence over the sale of alcohol, and their regulations can sometimes be more restrictive than state laws. Therefore, to ensure compliance, it is always advisable to refer to the specific rules governing your local area when it comes to purchasing beer or other alcoholic beverages after 2 am.

On-premises vs off-premises sales

The availability of beer after 2am depends on the state and local jurisdiction. In the United States, the Twenty-first Amendment grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. As such, laws pertaining to the production, sale, distribution, and consumption of alcohol vary significantly across the country.

On-premises sales refer to the purchase of alcoholic drinks in restaurants and bars, while off-premises sales refer to buying bottles or cans from grocery stores, convenience stores, and liquor stores.

Some states and local jurisdictions regulate hours based on the type of business, allowing extended hours for on-premises sales compared to off-premises sales. For example, in Arizona, on-premises sales are allowed from 6 am to 2 am every day, while off-premises sales are prohibited from 2 am to 6 am. Similarly, in California, alcohol can be purchased on-premises until 2 am, after which there is a gap in sales until 6 am when off-premises sales resume.

However, some states, like Alabama, have more restrictive laws for on-premises sales. While off-premises sales are allowed until 2 am, on-premises sales are limited to the same hours on Sundays.

Alcohol Type and ABV Restrictions

In addition to the type of business, some states also set hours based on the type of alcohol being sold. For instance, in Idaho, liquor sales are restricted to state-controlled stores, while beer and wine can be sold in grocery stores.

Furthermore, some states impose restrictions based on alcohol content. For example, in Alabama, there is a 6% ABV cap on beer sales, and wine faces a 14.9% ABV limit. In contrast, Arizona allows the sale of alcohol with an ABV of up to 76.5%, but any beverage exceeding this limit is illegal.

Day-Based Restrictions

Alcohol selling hours can also vary by day of the week and during holidays. For example, in Georgia, off-premises sales are prohibited on Sundays from 12:30 pm to 11:30 pm, while on-premises sales are allowed. Similarly, in Mississippi, alcohol sales are prohibited on Christmas Day, and some counties also restrict off-premises sales on Sundays.

Local Jurisdiction Overrides

While states have their own regulations, it is important to note that local jurisdictions can often pass their own alcohol laws, which may be more restrictive or provide exceptions to state-level regulations. For instance, in Florida, state law prohibits on-premises and off-premises sales between 1 am and 7 am, but counties can override this restriction. Miami-Dade County, for example, allows liquor stores to operate 24 hours a day.

Special Permits and Licenses

Certain establishments, such as private clubs, may have extended hours for alcohol sales. Additionally, special permits can be obtained for specific events, like weddings or parties, allowing alcohol sales to continue beyond the standard cut-off times.

Alcohol type and ABV

The availability of alcohol depends on the type of alcohol and the state in which it is being purchased.

Alabama

Alabama has a 6% ABV cap on beer sales, and bottles cannot exceed 16oz. There is also a 14.9% ABV limit on wine.

Alaska

There are no state controls on alcohol sales in Alaska.

Arizona

Arizona has no state controls on alcohol sales. Drive-through liquor stores are legal.

Arkansas

Arkansas has many dry counties, but private clubs are exempt from this. Arkansas law prohibits sales on Sundays and Christmas Day (exceptions apply).

California

California has lenient laws about liquor promotion, but counties can restrict sales with local laws. The sale of alcohol above 76.5% ABV is illegal.

Colorado

Only 3.2% ABV beer can be sold in grocery stores in Colorado. Liquor stores are only allowed to operate one location, and absinthe is legal.

Connecticut

Connecticut does not allow off-premise sales on Sundays or holidays.

Delaware

Delaware does not allow holiday sales and there are no off-premise sales outside of a licensed liquor store, taproom, or brewpub.

Florida

Florida prohibits on- and off-premise alcohol sales between 1am and 7am unless the county decides to change the operating hours. For example, Miami-Dade County liquor stores may operate 24 hours a day. Spirits greater than 76.5% ABV are illegal.

Georgia

Georgia has a 14% ABV limit on beer. No Sunday off-premise sales are allowed.

Hawaii

Hawaii allows on-premise sales from 11:50 am to 6 am if the proper cabaret licensing is held. Off-premise sales are allowed from 11:50 am to 12 am.

Idaho

Beverages exceeding 16% ABV can only be sold in Idaho State Liquor Dispensary stores or contracted stores.

Illinois

All beverages can be sold in grocery stores in Illinois. Sales on Sundays are not allowed until 11 am.

Indiana

Indiana prohibits the sale of cold beer by grocery stores or gas stations.

Iowa

All beer greater than 6% ABV must be shipped from the state warehouse in Iowa.

Kansas

Kansas has some of the strictest alcohol laws in the US. Sunday sales have only been allowed since 2005. Off-premise sales are prohibited on Christmas, Easter, and Thanksgiving.

Kentucky

Kentucky has some complex alcohol laws. There are dry counties where possession is illegal, and some counties that only allow sales under specific circumstances.

Louisiana

Louisiana has no restrictions on on- or off-premise sales unless the municipality decides that on-premise sales must stop at 2 pm. In New Orleans, you can drink alcohol in plastic cups in public.

Maine

Wine with ABV > 15.5% must be sold in state-contracted stores in Maine. Alcohol sale is not permitted after 1 am any day.

Maryland

Maryland's liquor laws vary by locality. Some counties prohibit sales on Sundays.

Massachusetts

Massachusetts has banned happy hours and drinking contests. Only two drinks per individual can be purchased at one time on-premise.

Michigan

Michigan prohibits the sale of liquor after 9 pm on December 24 and all day on Christmas. On-premise sales are permitted until 4 am on January 1.

Minnesota

Local ordinances can change off-sale hour allowances in Minnesota.

Mississippi

Wine > 6% ABV can only be sold in state-controlled stores in Mississippi. Sale is prohibited on Christmas Day.

Missouri

Missouri has very permissive alcohol laws. There are no open container laws, no blue laws, no public intoxication laws, and absinthe is not prohibited. There are no dry counties.

Montana

Montana regulates spirits, but beer and wine <16% ABV may be sold in grocery stores.

Nebraska

Nebraska does not allow the purchase of hard liquor on Sundays before noon. Omaha has repealed this law.

Nevada

Nevada has very few alcohol laws. Stores can be open 24 hours a day and liquor can be sold in grocery and convenience stores. Public intoxication is legal.

New Hampshire

New Hampshire has a 12% ABV cap on beer sold in the state.

New Jersey

New Jersey has some dry counties, particularly in the southern part of the state.

New Mexico

Frequently asked questions