Notice of Second Modification to Text of Proposed Regulation

Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of Title 1 of the California Code of Regulations, the Department of Alcoholic Beverage Control is providing notice of changes that have been made to the text of the proposed addition of California Code of Regulations, Title 4, section 147.

The proposal to add California Code of Regulations, Title 4, section 147 was originally noticed to the public on October 23, 2020. The initial public comment period closed on December 2, 2020. Following the initial comment period, the Department proposed changes to the text of the proposed regulation. On January 8, 2021, notice was given for an additional fifteen-day written public comment period for the proposed text changes that closed on January 25, 2021.

This second notice of fifteen-day written public comment period is for additional proposed changes to the text of California Code of Regulations, Title 4, section 147 to address issues identified by the Office of Administrative Law. Specifically, the Department of Alcoholic Beverage Control has made the following changes to the proposed regulations:

1. Clarifying that what constitutes “human trafficking” in subsection (b)(3) for establishing an immediate threat to the public health, safety, or welfare is linked to elements of human trafficking found in Penal Code section 236.1.
2. Making subsection (b)(5) consistent in style with other subsections of the proposed regulation.
3. Making specific in subsection (d) the requirements of the contents of the Department’s notice to be issued prior to a hearing on administrative emergency decisions.
4. Making specific in subsection (m) the requirement that a party requesting a modification of an administrative emergency decision serve all parties to the initial hearing with the written motion, and that all parties must respond within five business days of the date of service of the motion for the Department to consider such response prior to making a ruling upon the motion for modification.

The necessity of each of these changes will be explained in depth in the Final Statement of Reasons.

A copy of the full text of the regulation with the proposed changes indicated is attached for your review. Additions to the originally proposed language appear in italic single underlined text and deletions are shown in italic single underlined strikethrough text. Additions to the text made in the regulations noticed on January 8, 2021, are shown as double underlined text and deletions made at that time are shown in double strikethrough single underlined text.

Any interested person may submit a written statement relating to the modified language during the public comment period from May 10, 2021 and May 26, 2021. The written comment period will close at 12:00 p.m. on May 26, 2021. Submit written comments to:

The Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Attention: Law and Policy Unit

Comments may also be submitted by email to rpu@abc.ca.gov.

All written comments received by the Department of Alcoholic Beverage Control by 12:00 pm May 26, 2021, which pertain to the indicated changes, will be reviewed and responded to by the Department’s staff as part of the compilation of the rulemaking file. Please limit your comments to the proposed modifications to the text which will appear in italic single underlined text and deletions are shown in italic single underlined strikethrough text. Comments concerning other matters will not be addressed in the Department’s response.

Questions concerning the changes to the proposed regulatory action may be addressed to the agency representative, Robert de Ruyter, Assistant General Counsel, (916) 419-8958, or (designated backup contact) Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 928-7627.