Comments on Administrative Emergency Decisions Pending Emergency Regulation
Comments received during the week of December 7, 2020 to December 9, 2020
Comment #20
Dear Director Hirata,
I am writing on behalf of the Alcohol, Marijuana and Prescription Drug Coalition (AMPD). I would like to express our support for California Department of Alcoholic Beverage Control (ABC)’s Administrative Emergency Decisions Regulatory Action.
Alcohol, Marijuana and Prescription Drugs Coalition’s mission is to unite West Contra Costa County in reducing underage substance use through prevention education, awareness, training, policy, and enforcement.
ABC’s mission is integral to the prevention of alcohol harm. The Regulatory Action, as we understand it, allows ABC the power to act decisively and immediately in service of this mission. Without emergency powers, any action ABC makes to suspend a license can be delayed six months or more while the violator appeals the decision. In the case of a licensee engaged in gross violation, this gives them the opportunity to extract as much money—and cause as much harm—as they possibly can before their license is inevitably pulled. An immediate suspension when circumstances warrant removes this cushion. This can save lives in the immediate term, in multiple ways.
At this current moment, the principal life-saving effect is to prevent bars that wish to operate in violation of closures or clientele limits intended to slow the spread of COVID-19. As an infectious disease, COVID-19 does not obey property lines or responsible beverage service constraints. Cases of COVID-19 contracted in bar environments will inevitably spread beyond those limits, to individuals who had no intention of engaging in that risk, and who may be substantially more vulnerable to dying from the disease.
Moreover, in a time of extreme economic uncertainty, a licensee operating in violation of restrictions diminishes the economic competitiveness of licensees who try to respect public health orders. This directly punishes businesses for cooperating with life-saving guidelines.
It is important to note, however, that the pandemic is not the only way in which alcohol licensees can be complicit in acute and chronic mortality. Over service, underage service, on-premise drug sales, and unsafe premises kill, be it through accidents, crashes, violence, overdose, or long-term morbidity. At the very least, unwillingness to comply with restrictions necessary to contain the spread of the virus suggest an unwillingness to comply with other life-saving and prosocial alcohol regulations and license conditions.
Lastly, as the alcohol regulatory environment changes to try and adapt to the challenges posed by shutdowns, outdoor-only policies, and capacity limits, it becomes even more important to allow ABC to react quickly and decisively to bad actors. In particular, the expansion of licensee’s abilities to participate in home delivery of beverages creates a new tier of commercial actor capable of engaging in dangerous alcohol sales. ABC’s own data and enforcement efforts show these third-party delivery services frequently violate of ID laws. It is not known how much delivery occurs to already dangerously intoxicated customers or customers in places or situations where alcohol sales should be illegal, but these are major concerns to public health and safety as well. In the long run, it is essential that ABC create a licensing class through which these delivery services can be regulated.
In the short run, however, third-party delivery creates a mess of unaccountability and plausible deniability. This is exactly the kind of environment in which bad actors can profit, especially those who decide to try and “cash out” as alcohol sales become more challenging. ABC can and should use these powers to make licensees that enable and enrich this third-party services force compliance during this extraordinary time. Similar arguments can be made around other regulatory relief strategies that threaten to undermine safe alcohol sales, including expanded footprints and carryout drinks.
We recognize that some business owners are frightened of capricious or overly broad use of these powers. However, we must emphasize that alcohol is a legal intoxicant that can kill. The ability to financially benefit from its sale is a privilege conditional on understanding and mitigating the danger. There is plenty of leeway for legal sales and ABC is open and responsive in situations of ambiguity. To be subject to emergency suspension, a licensee must be in blatant disregard of the terms of their license and unwilling to rectify the situation once confronted. As we state above, this is not just a life-saving benefit to the community, it is an economic benefit to licensees who put in the time and effort to ensure their practices are well within the scope of the law.
With this in mind, we contend that emergency powers are clearly within both the legal and ethical bounds of ABC’s mission. We strongly support their implementation and continued use.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #21
From Joan Binalinbing
Dear Director Hirata,
I am writing on behalf of Discovering the Realities of Our Community (DROC), a program nestled under Bay Area Community resources. I would like to express our support for California Department of Alcoholic Beverage Control (ABC)’s Administrative Emergency Decisions Regulatory Action.
DROC is a youth-focused alcohol and other drug prevention and awareness program, that emphasizes youth empowerment and community voice in policy and advocacy. Using an environmental prevention lens, we address the challenges of substance misuse in the community, especially amongst youth.
ABC’s mission is integral to the prevention of alcohol harm. The Regulatory Action, as we understand it, allows ABC the power to act decisively and immediately in service of this mission. Without emergency powers, any action ABC makes to suspend a license can be delayed six months or more while the violator appeals the decision. In the case of a licensee engaged in gross violation, this gives them the opportunity to extract as much money—and cause as much harm—as they possibly can before their license is inevitably pulled. An immediate suspension when circumstances warrant removes this cushion. This can save lives in the immediate term, in multiple ways.
At this current moment, the principal life-saving effect is to prevent bars that wish to operate in violation of closures or clientele limits intended to slow the spread of COVID-19. As an infectious disease, COVID-19 does not obey property lines or responsible beverage service constraints. Cases of COVID-19 contracted in bar environments will inevitably spread beyond those limits, to individuals who had no intention of engaging in that risk, and who may be substantially more vulnerable to dying from the disease.
Moreover, in a time of extreme economic uncertainty, a licensee operating in violation of restrictions diminishes the economic competitiveness of licensees who try to respect public health orders. This directly punishes businesses for cooperating with life-saving guidelines. It is important to note, however, that the pandemic is not the only way in which alcohol licensees can be complicit in acute and chronic mortality. Overservice, underage service, on-premise drug sales, and unsafe premises kill, be it through accidents, crashes, violence, overdose, or long-term morbidity. At the very least, unwillingness to comply with restrictions necessary to contain the spread of the virus suggest an unwillingness to comply with other life-saving and prosocial alcohol regulations and license conditions.
Lastly, as the alcohol regulatory environment changes to try and adapt to the challenges posed by shutdowns, outdoor-only policies, and capacity limits, it becomes even more important to allow ABC to react quickly and decisively to bad actors. In particular, the expansion of licensee’s abilities to participate in home delivery of beverages creates a new tier of commercial actor capable of engaging in dangerous alcohol sales. ABC’s own data and enforcement efforts show these third-party delivery services frequently violate of ID laws. It is not known how much
delivery occurs to already dangerously intoxicated customers or customers in places or situations where alcohol sales should be illegal, but these are major concerns to public health and safety as well. In the long run, it is essential that ABC create a licensing class through which these delivery services can be regulated.
In the short run, however, third-party delivery creates a mess of unaccountability and plausible deniability. This is exactly the kind of environment in which bad actors can profit, especially those who decide to try and “cash out” as alcohol sales become more challenging. ABC can and should use these powers to make licensees that enable and enrich this third-party services force compliance during this extraordinary time. Similar arguments can be made around other
regulatory relief strategies that threaten to undermine safe alcohol sales, including expanded footprints and carryout drinks.
We recognize that some business owners are frightened of capricious or overly broad use of these powers. However, we must emphasize that alcohol is a legal intoxicant that can kill. The ability to financially benefit from its sale is a privilege conditional on understanding and mitigating the danger. There is plenty of leeway for legal sales and ABC is open and responsive in situations of ambiguity. To be subject to emergency suspension, a licensee must be in blatant disregard of the terms of their license and unwilling to rectify the situation once confronted. As we state above, this is not just a life-saving benefit to the community, it is an economic benefit to licensees who put in the time and effort to ensure their practices are well within the scope of the law.
With this in mind, we contend that emergency powers are clearly within both the legal and ethical bounds of ABC’s mission. We strongly support their implementation and continued use.
Respectfully,
Joan Binalinbing
Program Coordinator
Discovering the Realities of Our Community (DROC)
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #22
From Bar Owner Alliance
Dear Director Hirata and the Law & Policy Unit of the California ABC,
Please see the attached letter from hundreds of bars in SF and Oakland, expressing our opposition, outrage and exasperation at the proposed permanent emergency powers rule changes for the ABC. It is difficult to put into words how such an unprecedented power grab would adversely affect ABC License Holders in CA, and how frustrated we are that you would exploit the greatest crisis in the history of our industry to ram changes through that would strip us of our most basic due process. As we said in the letter, this is the kind of action we’d expect from Chinese or Russian government authorities, not here in the US.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #23
Dear Director Hirata,
I am writing on behalf of public health efforts to prevent and reduce use by youth and irresponsible alcohol retail practices. I would like to express support for California Department of Alcoholic Beverage Control (ABC)’s Administrative Emergency Decisions Regulatory Action.
As part of a countywide effort I work with Coastal Communities Drug Free Coalition to prevent underage and binge drinking. We provide data and cost benefit analyses of the importance of sound alcohol policies.
In recognition of ABC’s mission is integral to the prevention of alcohol harm I think it is imperative that the ABC be allowed to act decisively and immediately in service of this mission. Without emergency powers, any action ABC makes to suspend a license can be delayed six months or more while the violator appeals the decision. In the case of a licensee engaged in gross violation, this gives them the opportunity to extract as much money—and cause as much harm—as they possibly can before their license is inevitably pulled. An immediate suspension when circumstances warrant removes this cushion. Licensees were already provided the loophole that allows them to transfer their license to a family member when they face a possible license suspension for bad behavior. This loophole weakens the deterrent effect of license suspensions.
At this current moment, the principal life-saving effect is to prevent bars that wish to operate in violation of closures or clientele limits intended to slow the spread of COVID-19. As an infectious disease, COVID-19 does not obey property lines or responsible beverage service constraints. Cases of COVID-19 contracted in bar environments will inevitably spread beyond those limits, to individuals who had no intention of engaging in that risk, and who may be substantially more vulnerable to dying from the disease.
Moreover, in a time of extreme economic uncertainty, a licensee operating in violation of restrictions diminishes the economic competitiveness of licensees who try to respect public health orders. This directly punishes businesses for cooperating with life-saving guidelines.
But the pandemic is not the only way in which alcohol licensees can be complicit in acute and chronic mortality. Overservice, underage service, on-premise drug sales, and unsafe premises result in accidents, crashes, violence, spousal and child abuse, overdose, or long-term morbidity.
Lastly, as the alcohol regulatory environment changes to try and adapt to the challenges posed by shutdowns, outdoor-only policies, and capacity limits, ABC must be able to react quickly and decisively with irresponsible retailers.
However, I very much oppose allowing the expansion of licensee’s abilities to participate in home delivery of beverages because there is no oversight. ABC’s own data and enforcement efforts show these third-party delivery services frequently violate ID laws, create increased lack of accountability and plausible deniability. Deliveries may be to already dangerously intoxicated or underage customers. Delivery services must be licensed and regulated through ABC. Irresponsible retailers profit and exploit weak regulations for profit.
The ability to profit from alcohol sales must be balanced by accountability and responsibility, since it is a privilege rife for abuse. Emergency powers are clearly within both the legal and ethical bounds of ABC’s mission and I strongly support their implementation and continued use.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #24
The ABC needs to step in and respond to risk of 3rd Party Delivery. ABC conducted sting operations in our area which showed a high rate of drivers delivering alcohol to minors. Our youth are at risk due to the lack of regulation and oversight being compromised. The ABC needs to take responsibility for the lack of regulations, protocol and compliance
ABC Response
Comments will be addressed at the end of the comment period.
Comment #25
From The Las Lomas High School Peer to Peer Club
Dear Sirs,
We are writing to express our concern about the increased access to alcohol that we are seeing around us, during these recent times. We understand that alcohol is being delivered to homes and is often getting into the hands of those who are underage. People our age.
We have learned that:
- There is a lack of oversight of 3rd party delivery.
- ABC has conducted sting operations that have shown over 70% failure of compliance of 3rd party delivery.
- Youth are being compromised at the expense of this lack of regulation and oversight.
- There is no formal or streamlines Responsible Beverage Service Training for 3rd Party Delivery providers.
We are a club that is concerned with youth use of alcohol and ease of access. We would support any measures that brings changes to the above bullet points.
Drivers should be trained just like anyone else that is serving alcohol.
Please pay more attention to young people like us and our concerns for the safety and well being of our fellow students.
Thank you.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #26
From Miramonte HS Peer to Peer Club
Dear Sirs,
We are writing to express our concern about the increased access to alcohol that we are seeing around us, during these recent times. We understand that alcohol is being delivered to homes and is often getting into the hands of those who are underage. People our age.
We have learned that:
- There is a lack of oversight of 3rd party delivery.
- ABC has conducted sting operations that have shown over 70% failure of compliance of 3rd party delivery.
- Youth are being compromised at the expense of this lack of regulation and oversight.
- There is no formal or streamlines Responsible Beverage Service Training for 3rd Party Delivery providers.
We are a group that is concerned with youth use of alcohol and ease of access. We would support any measures that brings changes to the above bullet points.
Drivers should be trained just like anyone else that is serving alcohol.
Please pay more attention to young people like us and our concerns for the safety and well being of our fellow students.
Thank you.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #27
From Jaime Rich, ADAPT Coalition leader
Dear Director Hirata,
I am writing on behalf of ADAPT Lamorinda. I would like to express our support for California Department of Alcoholic Beverage Control (ABC)’s Administrative Emergency Decisions Regulatory Action.
We are a Contra Costa County funded community coalition with our overarching goal to reduce underage substance use. One of our sub goals is to reduce underage drinking. We strive to reach this goal by reducing access and changing community norms.
ABC’s mission is integral to the prevention of alcohol harm. The Regulatory Action, as we understand it, allows ABC the power to act decisively and immediately in service of this mission. Without emergency powers, any action ABC makes to suspend a license can be delayed six months or more while the violator appeals the decision. In the case of a licensee engaged in gross violation, this gives them the opportunity to extract as much money—and cause as much harm—as they possibly can before their license is inevitably pulled. An immediate suspension when circumstances warrant removes this cushion. This can save lives in the immediate term, in multiple ways.
At this current moment, the principal life-saving effect is to prevent bars that wish to operate in violation of closures or clientele limits intended to slow the spread of COVID-19. As an infectious disease, COVID-19 does not obey property lines or responsible beverage service constraints. Cases of COVID-19 contracted in bar environments will inevitably spread beyond those limits, to individuals who had no intention of engaging in that risk, and who may be substantially more vulnerable to dying from the disease.
Moreover, in a time of extreme economic uncertainty, a licensee operating in violation of restrictions diminishes the economic competitiveness of licensees who try to respect public health orders. This directly punishes businesses for cooperating with life-saving guidelines.
It is important to note, however, that the pandemic is not the only way in which alcohol licensees can be complicit in acute and chronic mortality. Overservice, underage service, on-premise drug sales, and unsafe premises kill, be it through accidents, crashes, violence, overdose, or long-term morbidity. At the very least, unwillingness to comply with restrictions necessary to contain the spread of the virus suggest an unwillingness to comply with other life-saving and prosocial alcohol regulations and license conditions.
Lastly, as the alcohol regulatory environment changes to try and adapt to the challenges posed by shutdowns, outdoor-only policies, and capacity limits, it becomes even more important to allow ABC to react quickly and decisively to bad actors. In particular, the expansion of licensee’s abilities to participate in home delivery of beverages creates a new tier of commercial actor capable of engaging in dangerous alcohol sales. ABC’s own data and enforcement efforts show these third-party delivery services frequently violate of ID laws. It is not known how much delivery occurs to already dangerously intoxicated customers or customers in places or situations where alcohol sales should be illegal, but these are major concerns to public health and safety as well. In the long run, it is essential that ABC create a licensing class through which these delivery services can be regulated.
In the short run, however, third-party delivery creates a mess of unaccountability and plausible deniability. This is exactly the kind of environment in which bad actors can profit, especially those who decide to try and “cash out” as alcohol sales become more challenging. ABC can and should use these powers to make licensees that enable and enrich this third-party services force compliance during this extraordinary time. Similar arguments can be made around other regulatory relief strategies that threaten to undermine safe alcohol sales, including expanded footprints and carryout drinks.
We recognize that some business owners are frightened of capricious or overly broad use of these powers. However, we must emphasize that alcohol is a legal intoxicant that can kill. The ability to financially benefit from its sale is a privilege conditional on understanding and mitigating the danger. There is plenty of leeway for legal sales and ABC is open and responsive in situations of ambiguity. To be subject to emergency suspension, a licensee must be in blatant disregard of the terms of their license and unwilling to rectify the situation once confronted. As we state above, this is not just a life-saving benefit to the community, it is an economic benefit to licensees who put in the time and effort to ensure their practices are well within the scope of the law.
With this in mind, we contend that emergency powers are clearly within both the legal and ethical bounds of ABC’s mission. We strongly support their implementation and continued use.
Respectfully,
Jaime Rich
ADAPT Coalition leader
ADAPT (Alcohol and Drug Abuse Prevention Team) Lamorinda
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #28
From CourAGE
Dear Sirs,
We are writing to express our concern about the increased access to alcohol that we are seeing around us, during these recent times. We understand that alcohol is being delivered to homes and is often getting into the hands of those who are underage. People our age.
We have learned that:
- There is a lack of oversight of 3rd party delivery.
- ABC has conducted sting operations that have shown over 70% failure of compliance of 3rd party delivery.
- Youth are being compromised at the expense of this lack of regulation and oversight.
- There is no formal or streamlines Responsible Beverage Service Training for 3rd Party Delivery providers.
We are a group that is concerned with youth use of alcohol and ease of access. We would support any measures that brings changes to the above bullet points.
Drivers should be trained just like anyone else that is serving alcohol.
Please pay more attention to young people like us and our concerns for the safety and well being of our fellow students.
Thank you.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #29
From Katie Poponyak
My name is Katie Poponyak and I am a Mental Health Counselor/Advocate in San Diego County. I am in SUPPORT of Administrative Emergency Decisions Regulatory Action to suspend liquor licenses immediately that are willfully remaining open past curfew, with indoor service, over capacity, and/or without proper public safety precautions because we have had several bars stay open beyond curfew and not serving food in Encinitas.
I DEMAND ABC take public health and safety precaution and REGULATE 3rd party delivery. We have heard from teens that they are accepting alcohol orders without showing ID.
Please protect our youth and not just focus on profits. Many businesses are suffering during the pandemic but human lives are more important.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #30
From Kelly McCormick
My name is Kelly McCormick. I’m the parent of two teenagers and I’ve worked with youth in many settings including PTA, Scouts, sports clubs and more. I ask ABC to take action on 3rd party deliveries, which is endangering teenagers and anyone on roadways where intoxicated teens are driving. It is far too easy for minors to make a simple phone call and have alcohol delivered to their door. Many parents are essential workers, and not home to monitor their teenagers around the clock.
There is a lack of oversight on 3rd Party Delivery and no required training for delivery drivers. The high rate of failure on sting operations confirms that far too many drivers are either unaware of their lawful duty to verify proper age identification or that they simply don’t care. A requirement for Responsible Beverage Service Training for 3rd party drivers would help as would meaningful penalties for both drivers and the licensees who utilize their services to provide alcohol off-site.
Alcohol is regulated for a reason. ABC must take action on this dangerous situation in the interest of public health and public safety.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #31
From John A.Hinman
Dear ABC,
I have attached for filing and response Hinman & Carmichael LLP’s comments to the Proposed Permanent Emergency regulations. The original of the filings will be delivered to the Department in the morning but this filing is adequate and on time under the department’s instructions for filing.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #32
From Katie Hansen
Greetings,
On behalf of the California Restaurant Association, I would like to respectfully submit a comment letter on the proposed Emergency Administrative Regulations.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #33
Dear Director Hirata,
I am writing on behalf of the West Contra Costa Alcohol Policy Coalition. I would like to express our support for the California Department of Alcoholic Beverage Control (ABC)’s Administrative Emergency Decisions Regulatory Action.
The West Contra Costa Alcohol Policy Coalition working on alcohol and marijuana youth prevention in West Contra Costa county.
ABC’s mission is integral to the prevention of alcohol harm. The Regulatory Action, as we understand it, allows ABC the power to act decisively and immediately in service of this mission. Without emergency powers, any action ABC makes to suspend a license can be delayed six months or more while the violator appeals the decision. In the case of a licensee engaged in gross violation, this gives them the opportunity to extract as much money—and cause as much harm—as they possibly can before their license is inevitably pulled. An immediate suspension when circumstances warrant removes this cushion. This can save lives in the immediate term, in multiple ways.
At this moment, the principal life-saving effect is to prevent bars that wish to operate in violation of closures or clientele limits intended to slow the spread of COVID-19. As an infectious disease, COVID-19 does not obey property lines or responsible beverage service constraints. Cases of COVID-19 contracted in bar environments will inevitably spread beyond those limits, to individuals who had no intention of engaging in that risk, and who may be substantially more vulnerable to dying from the disease.
Moreover, in a time of extreme economic uncertainty, a licensee operating in violation of restrictions diminishes the economic competitiveness of licensees who try to respect public health orders. This directly punishes businesses for cooperating with life-saving guidelines.
It is important to note, however, that the pandemic is not the only way in which alcohol licensees can be complicit in acute and chronic mortality. Overservice, underage service, on-premise drug sales, and unsafe premises kill, be it through accidents, crashes, violence, overdose, or long-term morbidity. At the very least, unwillingness to comply with restrictions necessary to contain the spread of the virus suggest an unwillingness to comply with other life-saving and prosocial alcohol regulations and license conditions.
Lastly, as the alcohol regulatory environment changes to try and adapt to the challenges posed by shutdowns, outdoor-only policies, and capacity limits, it becomes even more important to allow ABC to react quickly and decisively to bad actors. In particular, the expansion of licensee’s abilities to participate in home delivery of beverages creates a new tier of commercial actor capable of engaging in dangerous alcohol sales. ABC’s own data and enforcement efforts show these third-party delivery services frequently violate of ID laws. It is not known how much delivery occurs to already dangerously intoxicated customers or customers in places or situations where alcohol sales should be illegal, but these are major concerns to public health and safety as well. In the long run, it is essential that ABC create a licensing class through which these delivery services can be regulated.
In the short run, however, third-party delivery creates a mess of unaccountability and plausible deniability. This is exactly the kind of environment in which bad actors can profit, especially those who decide to try and “cash out” as alcohol sales become more challenging. ABC can and should use these powers to make licensees that enable and enrich this third-party services force compliance during this extraordinary time. Similar arguments can be made around other regulatory relief strategies that threaten to undermine safe alcohol sales, including expanded footprints and carryout drinks.
We recognize that some business owners are frightened of capricious or overly broad use of these powers. However, we must emphasize that alcohol is a legal intoxicant that can kill. The ability to financially benefit from its sale is a privilege conditional on understanding and mitigating the danger. There is plenty of leeway for legal sales and ABC is open and responsive in situations of ambiguity. To be subject to emergency suspension, a licensee must be in blatant disregard of the terms of their license and unwilling to rectify the situation once confronted. As we state above, this is not just a life-saving benefit to the community, it is an economic benefit to licensees who put in the time and effort to ensure their practices are well within the scope of the law.
With this in mind, we contend that emergency powers are clearly within both the legal and ethical bounds of ABC’s mission. We strongly support their implementation and continued use.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #34
I own a bar in San Francisco The proposed changes are simply unfair and basically unlawful.
The ABC doesn’t need this authority because it can apply to a superior court for an injunction and a licensee can appear and defend at that injunction hearing.
- The right to appeal an adverse judgment by the ABC to the ABC Appeals Board is NOT a “loophole.” It’s a statutory right of a licensee and these regulations take away that right.
- We have all experienced improper requests from law enforcement, municipal authorities and neighbors. This proposal emboldens them to short circuit due process to blackmail a licensee into doing whatever they want.
- This proposal will create havoc in the licensed merchant community because there will no longer be any protection from arbitrary and capricious actions by ABC investigators, police officers or local officials.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #35
From Tracy Genesen
Hello,
Attached please find Wine Institute’s comments regarding California ABC’s Proposed Emergency Administrative Decisions- Emergency Decision Procedures for Administrative Actions against Alcohol Licenses (Rule 147).
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
LATE COMMENTS RECEIVED AFTER CLOSE OF COMMENTS AT 12:00 PM ON DECEMBER 9, 2020
Comment #36
From Ralph Barat Saltsman
Hello,
Attached please find comments from Ralph Saltsman regarding the matter mentioned above.
Thank you.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #37
Hello,
I am reaching out as co-Chair of the Community Prevention Partners of Santa Cruz County. CPP would like to communicate the need we see for ABC’s: (1) Administrative Emergency Decisions Regulatory Action, and (2) regulation of third party alcohol delivery service. Please contact us with any questions. We appreciate the opportunity to elevate attention to the needs of youth and families in our community during this time of crisis. Our purpose is to direct public attention to opportunities to support the health and well-being of all young people.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #38
From Friedner D. Wittman, Ph.D., President, CLEW Associates/Prevention by Design, Berkeley, California
To the ABC RBS Training Program:
I tried to send this memorandum to the RPU@abc.ca.gov but was informed by my e-mail server that the domain name does not exist.
Therefore I am sending this memo to you in the hope that my remarks can still be included in the comments being taken by the ABC
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
Comment #39
From Ruben Rodriguez, Executive Director
Letter of support.
ABC Response
Comments will be addressed at the end of the comment period.
The referenced attachment is not available here as it was not provided in a format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RPU@abc.ca.gov to request the attachment as a PDF document. You may visit our Accessibility page for more information.
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LEAD
Off-Sale Licensee Training
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