Final Statement of Reasons

Proposed Adoptions to Title 4

Sections 163, 166, 168, 168.3, and 170.

Update of Initial Statement of Reasons

The Department has no changes to the Initial Statement of Reasons noticed on April 29, 2022.

Updated Information Digest

There have been no changes in applicable laws as described in the Notice of Proposed Action. Thus, the Department has no changes to the Informative Digest/Policy Statement Overview noticed on April 29, 2022.

Summary and Response to Comments Received During the Comment Period of April 29, 2022, through June 14, 2022

The Department received four written comments during the comment period for this proposed regulation. However, each of them was outside the scope of the proposed amendments to the regulation. Some expressed that the Department should not implement the statutorily mandated program. Others were focused on aspects of the mandatory curriculum that were not changed from the Department’s previous regulatory actions. There were no alternatives presented and no need for the Department to change any of its proposed amendments in this regulatory action based on the comments received.

Alternatives Determination

ABC has determined that no alternative considered by ABC would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons, and equally effective in implementing statutory policies or other provision of law.

No alternatives to the proposed regulation were presented or brought to Department’s attention through the comment period by the public. Thus, the Department has no alternatives to consider or respond to at the close of this regulatory record.

Local Mandate Determination

The proposed regulations do not impose any mandate on local agencies or school districts.

Additional Documents of Information in the Rulemaking File

The Department of Alcoholic Beverage Control did not add any other documents or information to the rulemaking file.

Justification for Proposed Regulation being Effective on Filing with the Secretary of State

 The Department requests that the regulation be effective upon filing with the Secretary of State due to the Responsible Beverage Service (RBS) Act of 2017 being in effect as of July 1, 2022, and the program these regulation implement will be continually ongoing after that date. Under this mandate all alcohol servers must complete an approved RBS training course prior to August 31, 2022. Since the adoption of the initial regulations, ABC has approved training providers who are currently offering training and alcohol servers have begun the certification process prior to the institution of the legal mandate in July 2022. These proposed amendments are intended to address issues ABC, training providers, and alcohol servers have experienced in the new program, and to fix grammatical and legal errors in the initial construction. By addressing issues to the new statewide RBS program at this early juncture, ABC will be able to create a more efficient program for all who must comply with portions of the law and regulations. These proposed amendments and changes will increase the clarity of portions of the curriculum and policies to ensure a fair and equitable management of the statewide RBS program by ABC. Have these proposed amendments be effective immediately will ensure the implementation of the new program will not be hindered by the issues these amendments address.