Notice of Modification to Text of Proposed Regulations

Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of Tittle 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 Title 4 of the California Code of Regulations Title 4 sections 69-69.4.

The proposal to add California Code of Regulations Title 4 sections 146-146.4 was originally noticed to the public on May 10, 2024. The proposed regulation had a 45-day comment period that ended at 12:00 pm on June 25, 2024.

The Department of Alcoholic Beverage Control has made the following changes to the proposed regulations that will require an additional 45-day comment period:

1. Clarifying the statutory references in the definitions for “local law enforcement agency,” “owner of real property,” “protest period,” and “resident” to ensure accuracy and clarity.
2. Clarifying when a hearing may be initialized after an untimely hearing request with good cause.
3. Clarifying who may request additional time for filing a protest.

The necessity of each of these changes will be explained in the Final Statement of Reasons in the final rulemaking record.

Any interested person may submit written comments relating to the indicated modified language during the 45-day public comment period from September 20, 2024, through 12:00 p.m. on November 5, 2024. Comments received by the Department of Alcoholic Beverage Control, which pertain to the indicated changes, will be reviewed and responded to as part of the compilation of the rulemaking file. Please limit your comments to the proposed modifications to the text which will appear in underlined text or in strike through.

Any interested person may submit a written statement relating only to the proposed changes. The written comment period will close at 12:00 p.m. on November 5, 2024. 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. Please include “Protests” in the subject line.

Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419-8958, (designated backup contact) Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 823-1310 or via email at rpu@abc.ca.gov