AB 592 California Assembly · 2025-2026 Regular Session

Business: retail food.

Summary
(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date. This bill, instead, would make those provisions operative until January 1, 2029, repeal those provisions on that date, and make conforming changes. The bill would also prohibit the department from issuing any new COVID-19 Temporary Catering Authorizations on or after January 1, 2027. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date. This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law provides that these standards are primarily enforced by local enforcement agencies. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely. (4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards. This bill would, notwithstanding the requirements described above, authorize a restaurant to operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops, and submits to the enforcement agency for approval, an integrated pest management and food safety risk mitigation plan and meets certain requirements, as specified. The bill would require the plan to be documented in writing, made available upon request to local environmental health enforcement officers, and updated annually or whenever there is a change to the facility or operation. The bill would require the restaurant to self-close upon observation of vermin activity inside the facility and remain closed until all vermin are eliminated. The bill would prohibit a local enforcement agency from unreasonably withholding approval of a proposed pest management and food safety risk mitigation plan and would require approval to be granted unless unique circumstances exist such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2025
Assembly Passage
May 2025
Senate Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Feb 12, 2025 Signed Oct 9, 2025
Maddy AI version diff · 9 comparisons

What changed between versions

07/21/25 - Amended Senate 09/10/25 - Enrolled · 3 edits · Sep 10, 2025
MINOR
The enrolled version of AB 592 makes one substantive policy change compared to the amended Senate version: it restructures the permanent food facility enclosure requirement in Health and Safety Code Section 114266. Instead of phasing out the 'fully enclosed' rule for all permanent food facilities on January 1, 2026, the enrolled bill keeps the full enclosure requirement in place at all times but creates a specific exemption allowing restaurants to operate with open windows, folding doors, or nonfixed store fronts during operating hours if they obtain approval of an integrated pest management and food safety risk mitigation plan. All other sections (alcoholic beverage temporary catering authorizations, parking relief for outdoor dining, satellite food service) remain substantively unchanged.
REQUIREMENT

Section 114266(a) no longer contains a date-based phase-in that would have relaxed the fully enclosed requirement for all permanent food facilities on January 1, 2026. Instead, the general rule now permanently requires all permanent food facilities to be fully enclosed (with the same grandfathering for pre-1985 facilities).

ELIGIBILITY

The open-front restaurant exemption is now structured as a specific exception under subdivision (d) rather than a blanket relaxation of the enclosure rule. Restaurants must develop and obtain approval of an integrated pest management and food safety risk mitigation plan, keep the facility fully enclosed during nonoperating hours, and maintain the ability to operate while fully enclosed.

TIMELINE

The old version's two-phase structure (fully enclosed before January 1, 2026; relaxed enclosure after January 1, 2026) is eliminated. The new version has no date-based transition for the general enclosure requirement.

Floor votes · Senate Sep 4, 2025 · Assembly May 15, 2025

How they voted

390
Passed · 1 other
Total votes 40
Sep 4, 2025
D Democratic30
29 Yea 1
96% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
12
Committee
8
Amendments
11
Oct 9, 2025
Signed into law
Approved by the Governor.
legislature
Sep 8, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3029.).
lower
Sep 4, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 4, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2502.).
upper
Aug 19, 2025
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jul 21, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 21, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 16).
upper
Jun 25, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on HEALTH.
upper
Jun 24, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on HEALTH. (Ayes 15. Noes 0.) (June 24).
upper
Jun 17, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
upper
May 28, 2025
Committee
Referred to Coms. on G.O. and HEALTH.
upper
May 15, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1556.)
lower
May 8, 2025
Lower · Passed
Read third time and amended. Ordered to third reading.
lower
Apr 30, 2025
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 0.) (April 30).
lower
Apr 23, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 22). Re-referred to Com. on APPR.
lower
Apr 9, 2025
Committee
Re-referred to Com. on HEALTH.
lower
Apr 8, 2025
Lower · Passed
Read second time and amended.
lower
Apr 7, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on HEALTH. (Ayes 18. Noes 0.) (April 2).
lower
Mar 4, 2025
Committee
Re-referred to Com. on G.O.
lower
Mar 3, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
lower
Mar 3, 2025
Committee
Referred to Coms. on G.O. and HEALTH.
lower
Feb 13, 2025
Lower · Passed
From printer. May be heard in committee March 15.
lower
1 primary · 17 co-sponsors

Sponsors