The ABC “Emergency Rules” – Second Round Comments to Office of Administrative Law Due by Tuesday May 25, 2020
We lost Round One - The ABC Ignored the Comments Submitted
This is the second blog dealing with the ABC’s new proposed rules changing the process for administrative hearings to adjudicate violations of the ABC Act. We (and many others) submitted comments to the ABC by the Monday May 18th ABC comment deadline.
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As California begins the process of easing up on its March 19 Stay-at-Home Order (Order; FAQ Directives), there are a lot of unknowns about how it’s actually going to work for hospitality businesses, which inherently involve interactions between strangers. But don’t worry, we’re California after all, so we will fight the pandemic in the most California way possible. The road will be winding and full of regulatory potholes, buts it’s all designed to keep us safe and our famed hospitality and restaurant industries humming. Below is an overview of the regulatory framework that has been put in place as we ease back into contact with one another, and what it means for your business.
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On Friday, May 15th, the California Department of Alcoholic Beverage Control (the “ABC”) issued another round of temporary relief. For those of you counting, this is the fourth round of temporary relief for licensees. This latest round includes a significant opportunity for licensees to temporarily expand their licensed footprints so they can serve more people and serve them outside where it will be safer while the COVID-19 pandemic continues.
This round of relief also expands sale privileges for type 50, 51, and 52 members-only clubs.
Here are the details:
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The May 11, 2020 ABC “Emergency Rules” Doing Away with Licensee Rights to Due Process and Fair Hearings – Comments in Response Due by May 18th
'Emergencies' have always been the pretext on which the safeguards of individual liberty have been eroded. Friedrich Hayek
Late in the afternoon of May 11th the ABC released an “Emergency” Rule-Making Notice changing the process for administrative hearings to adjudicate violations of the ABC Act.
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Late last week, the California Department of Alcoholic Beverage Control (the “ABC”) issued two significant “Industry Advisories” (one on April 30th and one on May 1st) admonishing the industry for failing to heed current legal requirements. The ABC warns these failures would lead to license suspensions and potential license revocation.
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