Comments on Administrative Emergency Decisions Pending Emergency Regulation

Comments received during the week of January 24, 2021 to January 25, 2021

Comment #70

To whom it may concern.

As a concerned citizen of San Diego CA, a taxpayer, and a voter – I take issue to the proposed changes to TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL PROPOSED REGULATIONS §147. Emergency Decision Procedures for Administrative Actions against Alcohol Licenses.

These arbitrary shutdowns are simply not based on data and have only damaged the lives of everyone in California. They have been a mistake. Let’s learn from that mistake instead of doubling down on bad information. Stop running all the small businesses into bankruptcy.
Revoking a license without a hearing is a violation of due process and is not fair to the business owner or our established rules as a society. The hearing is to protect them. People should be able to make their own decisions about visiting an establishment.
It is expensive and time-consuming for a small businesses to obtain a license and revoking an ABC license to attempt to punish a business for staying open is an abuse of power.

As a taxpaying constituent I formally oppose these changes to Title 4. Please leave the law as is.

Thank you for your consideration.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #71

To Whom It May Concern,

I’m appalled at your recent attempts to be even more harsh and cruel to restaurants during a pandemic. It’s absolutely appalling that restaurants are closed and now you want to do even more damage for those struggling to survive. This entire state’s handling of this pandemic is disgusting and killing more people and doing more harm for many, many years to come than the virus itself. I’m not affected by this latest ridiculousness directly as I don’t own a restaurant but I am a small business owner that has been crushed and I can’t stand by and watch you treat our hard working citizens like this.

Revoking a license without a hearing is a violation of due process. It is expensive and time consuming for a business to obtain a license and you want to just wash all of that away for rules that don’t even support science. And revoking an ABC license to attempt to punish a business for staying open is an abuse of power.

Get it together and stop this madness! All you in these power positions have no idea what you are doing to destroy business and people. Leave it alone and focus on helping people.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #72

It has come to my attention the Department of ABC wants to make changes in its capacity to regulate licensure through subjugating the licensee and omitting the due process of law. Bullying and manipulation of licensees because they choose to utilize their Civil Liberties promised by the Bill of Rights (Life Liberty and Pursuit of Happiness) does not give any agency the freedom to restrict business owners because of a political stance or medical crisis. Constitutional Rights and Civil Liberties are not forfeited because of a medical crisis. Quit using this health crisis to seize power that is not yours in the first place! ABC was founded for alcohol regulation and education.

Clearly, California is losing many businesses and is at great risk of losing its middle class during this period of time. Regulatory boards and agencies need to stay in their lane. ABC, maintain your education and alcohol regulation and be mindful America is a country of laws and the grandest is the Constitution. Abide by law that is passed by our legislative body. The Health Director can not make a law and therefore, ABC, your power reach and manipulation of each business owner needs to stop!

ABC Response

Comments will be addressed at the end of the comment period.

Comment #73

To whom it may concern,

The revoking of restaurants alcohol license for the simple act of staying open and trying to make a living without loosing their business is horribly wrong. You have gone power drunk. It isn’t up to you to make calls on what people do to protect their health. Stop acting like the parent of a toddler and get back to working for the American people and protecting our freedoms. We all know that restaurants aren’t super spreaders.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #74

Don’t take the restaurants licenses they need it to stay survive at covid-19

ABC Response

Comments will be addressed at the end of the comment period.

Comment #75

To: The Department of Alcoholic Beverage Control

My name is Darryl Cazares CEO of First Team Payments and I am a Restaurant Consultant based out of Newport Beach California.

I’ve was born and raised in Southern California and I am sending my comments regarding the ABC’s attempt to bypass due process for restaurants in California pertaining to the proposed Adoption to title 4 sections 147 in which any clear-minded thinking individual would oppose.

Title 4 sections 147 would devastate hundreds of thousands of restaurants, my customers, business owners and their households their employees their employee’s households and the economy In California and beyond. It would also affect the food supply chain and again those business owners and their households their employees and their employee’s households.

ABC’s
Problem Statement and Purpose:

The reach that an ABC licensee is irresponsible because they legally sell food and drink at a restaurant establishment is categorically egregious.

The bottom line I see here is your attempt to “protect the public health and safety” has only one motive, to control California business. Title 4 sections 147 is not about public health and safety it’s about control. On 1-22-21 I called the California Department of Alcoholic Beverage Control and spoke to Robert de Ruyter, Assistant General Counsel, (916) 419-8958

I asked him 1 simple question: Why is the ABC and the California Governors office proposing Title 4 sections 147? His first answer: “to help stop sex trafficking.” Wow ! and thank you for making my point on how absurd Title 4 sections 147 really is.

You don’t have to know law and you don’t have to be an attorney, you only have to have a little common sense to see what the ABC and Governor of California’s objective is on this issue. The narrative needs the numbers to suggest you are somehow “keeping the public out of harm’s way”.

All of the statistics in the news and media have not been thoroughly vetted. There is no accountability on the numbers and that’s why the numbers are so important. The Governor’s, health officials and more state “please, please LOOK at the numbers” of cases and deaths.

Well, looking at the fabricated efforts to inflate the numbers to substantiate drastic measures to “keep the public out of harm’s way” has no merit, evidence and again no accountability.

Accountability on the numbers would have a handful of different agencies that have no agenda that vet and review actual numbers. When doctors are pressured to put COVID 19 on a death certificate you know it’s all about the numbers. Emergencies are temporary. You don’t have an ongoing never ending kicking the can down the road emergency that never ends.

There is no evidence that restaurants present any kind of danger to the public’s health and safety as L.A. County Superior Judge James Chalfant pointed out: “There is no data or scientific evidence” stated in a recent ruling that you are aware of for the California Restaurant Association lawsuit.

The opposition In the California Restaurant Association lawsuit once again begs the audience to please, please, please look at the numbers yet provides no proof or data to support shutting down restaurants indefinitely.

“In a previous board supervisor meeting L.A. County health officer Dr. Muntu Davis did not have the exact data when asked if restaurants are driving the surge in cases instead citing a CDC prevention study that found that those who tested positive are two times more likely to have gone to eat at a restaurant then not”.

That’s it ? That’s all you got ?

If there was any true data, there would be a mountain of obvious evidence and it’s nowhere to be found. The evidence has never existed and never will.

If there was evidence and any true data supporting that restaurants are driving the surge in cases it would be easy to find and already presented and known.

Furthermore, the false positive testing process has been proven by the CDC the WHO the FDA and the California Department of Health to be unreliable and inaccurate.

When you Have hospital directors encouraging doctors claiming that a death was by COVIT 19 when in actuality it was by natural cause or some other cause therein lies the proof the numbers are fabricated.

Good Dr.’s
Two Bakersfield doctors say their data shows shelter-in-place orders are no longer needed
639,856 views – Apr 22, 2020 at 2:32 mark Doctor confirms this is all about CONTROL.

Dr. Erickson Pressed on Findings About Flu & Coronavirus
481,404 views. Original video by these doctors seen over 5 Million times – Apr 28, 202

FDA Mar 9, 2020 For most people, COVID-19 infection will cause mild illness however, it can make some people very ill and, in some people, it can be fatal.

Older people, and those with pre-existing medical conditions (such as cardiovascular disease, chronic respiratory disease or diabetes) are at risk for severe disease. As you know if someone gets COVID-19 there is a 99.97% survival rate per the CDC, the WHO and the FDA. Below is a quick summary of the CDC COVID-19 Survival Rates.

As you know if someone gets COVID-19 there is a 99.97% survival rate per the CDC, the WHO and the FDA.

Below is a quick summary of the CDC COVID-19 Survival Rates.

Age 0-19 — 99.997%
Age 20-49 — 99.98%
Age 50-69 — 99.5%
Age 70+ — 94.6%

CDC Covid-19 Survival Rate

Again, so where is the emergency?

Even with a bias narrative and unchecked, unverified inflated numbers with no 3rd party independent accountability the numbers still do not support the permanent emergency orders of title 4 section 147.

It’s crystal clear to see the motivation behind this proposed adoption and the ABC and the Governor’s attempt to keep this faults COVID-19 narrative alive.

COVID 19 Is not an apocalyptic virus and the ABC and California Governor office shall stop holding California restaurants, business and the lively the hood of millions of Americans hostage with title 4 section 147.

Mic Drop:
And let’s not forget the hypocrisy committed by the current Governor of California himself.
Fox 11 obtains exclusive photos of Gov. Newsom at French restaurant allegedly not following COVID 19 protocols. foxla.com

His own actions validate there is no reason to “keep the public out of harm’s way”
and no “immediate danger to public health, safety, and welfare”.

Hypocrisy: is the practice of engaging in the same behavior or activity for which one criticizes another or the practice of claiming to have moral standards or beliefs to which one’s own behavior does not conform. In moral psychology, it is the failure to follow one’s own

expressed moral rules and principles. Remember, This is THE UNITED STATES OF AMERICA!

My voice and comments represent millions of Healthy Americans that vehemently oppose this arbitrary and irrational attempt of title 4 section 147.

My thoughts and comments are also inspired by divine council from above and so we and pray that title 4 section 147 be terminated. Psalms 121:2.

Please confirm you received this email

ABC Response

Comments will be addressed at the end of the comment period.

Comment #76

Hi there,

I wanted to make some comments regarding the Notice of Modification to Text of Proposed Regulations.
There is no lawful authority for any governor, mayor or health officer to order a business to order a business to close due to COVID.

The Stage Emergency was terminated after 60 days in May of last year and it was not extended. Therefore, any public health officer who mentions that in their health order (as the San Diego County Health Officer does) is misinforming the public.

No governor or health officer has the authority to shut down any business without due process of law. That means no Sheriff or health officer can close any business or revoke license without a hearing. No emergency or pandemic suspends the law.

No business can lose their liquor license unless they serve alcohol to minors or are convicted of a crime. They cannot lose licenses for staying open during the so called pandemic, not wearing or requiring masks or distancing.

There is no law or regulation requiring or prohibiting any business from serving their patrons indoors or outdoors. They should not have to limit their number of patrons they serve.

There is no lawful order that requires any business or their employees to wear masks, distance, or limit the number of patrons they serve. No emergency orders supersede people’s rights.

Businesses have the legal right to operate their business the way they want to. No government agent has the authority to interfere in the legal operations of their business.

Any business is the their owner’s property, and the government ordering them to close or limit their operations is theft and deprivation of rights, which is a felony. Title 18 §242.

As of right now (1/24/21), the total death rates of COVID cases are 36,988 out of 3,180,000 cases. That’s only 1.16%. This does not mean the definition of a pandemic and the hospitals are all empty.

Therefore, no Sheriff or health officer can close any business or revoke license without a hearing. The people in the government need to stop following orders blindly and start doing the right thing. Trying to close businesses and putting people out of job is a very shameful thing to do. Many people have already lost their jobs, committed suicide, been abused, all as a result of unlawful lock-down. How do you feel about your actions?

ABC Response

Comments will be addressed at the end of the comment period.

Comment #77

To The Department of Alcoholic Beverage Control:

Thank you for your efforts in trying to do your best for our great state of California. However, please give additional review to your recently proposed changes with an open mind. Regardless of pandemics and emergencies, Constitutional freedoms still pertain to individuals and businesses.

Revoking a license without a hearing is a violation of due process.
It is expensive and time-consuming for businesses to obtain a license.
Revoking an ABC license to attempt to punish a business for staying open is an abuse of power.
Businesses need to continue to operate to provide for their employees and their business. It is common sense that to add further restrictions and limitations can lead to bankruptcy, poverty, and homelessness which will inherently lead to physical and mental health complications.

May you have wisdom and intellect to not continue with the proposed modification regulations of California Code of Regulations Title 4 section 147.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #78

Dear ABC,
During this unprecedented time in history, We the People have been forced into Government mandated stay-at-home orders (AKA lockdowns), medical tyranny (mask wearing and vaccinations) closure of businesses, churches, and schools-ALL of these which are against our Constitutional rights. With the addition of the proposed text, the State of California and the ABC are violating the Fifth and Fourteenth Amendments: “nor shall any State deprive any person of life, liberty, or property, without due process of law”.

Upon researching the proposed changes, I located the attached document, dated May 11, 2020, just two months into the “pandemic” (it’s almost as if the state knew that this pandemic was not going away anytime soon-hmmm). Below are a couple excerpts from the documents:

“The Department has received 520 complaints from local law enforcement and the public of licensees in violation of rules established by an emergency order during this pandemic. In investigating the complaints, Department Agents have confirmed 176 licensed premises throughout the state to be engaging in activities that are in violation of emergency orders, presenting an immediate threat to public health, safety, and welfare.

Comment: In a state of 40+ million people, and over 50,000 licenses, these are the numbers that necessitated changes in the text? Also, where is the proof that businesses that remain open are “presenting an immediate threat to public health, safety, and welfare.”

“The only recourse the Department was left with was its normal disciplinary process that could take months or years before a resolution, while allowing a bad actor to continue to harm the public while the process continued.”

Comment: It seems to me that the only bad actor is the Government, capitalizing on a public health “emergency” in order to control its citizens.

I am opposed to the addition/modification of any text to Title 4, section 147 for the following reasons:

It violates the Fifth and Fourteenth Amendments of the US Constitution
Revoking an ABC license in an attempt to punish a business is an abuse of power
So-called “public emergencies” do not supersede our God-given and Constitutional rights, and amended language does not need to be added to any governmental policies

I appreciate the opportunity to express my concerns, even though it will be ignored. Government was formed to represent the People, not for the Government to control us.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #79

Attached find our comments on proposed text changes to Title 4 section 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.

Comment #80

To whom it definitely concerns,

I ADVISE AGAINST modifying California Code of Regulations Title 4 section 147 to grant The Department of Alcoholic Beverage Control the ability to revoke alcohol licenses without hearings. This is a grave overreach of state power. The hearings are there for a reason. Denying businesses the right to due process is not only poor practice, it is outright foolish.

I trust that you and all involved will continue to preserve the ability of citizens to conduct their private businesses in the freest and most prosperous nation on Earth. Please stand up with our local entrepreneurs: your friends, family and neighbors. Thank you for reading.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #81

Dear RPU,

PLEASE stop hurting our businesses and our economy. The people have had enough of the lies — and of supposedly “following the science.”

We all know that masks and lockdowns DON’T work. Stop punishing the people. How many new homeless, or near homeless, have our “elected officials” (for example criminal politicians) created?? Shame on them.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #82

Dear Department,

Please see the attached comments to the Department’s proposed edits to the permanent emergency regulations. The original is in the mail to the Department. Please also note these comments have been specifically endorsed by the California Music and Culture Association on behalf of the Board and its members.

ABC Response

Comments will be addressed at the end of the comment period.

PRINTED MAIL CAMPAIGN LETTER RECEIVED JANUARY 22, 2021. INDIVIDUALLY SIGNED AND SENT BY 80 COMMENTORS (comments 88-167)

ABC,

We object to the proposed text of California Code of Regulations, title 4, section 147. Procedurally, the ABC is tasked with regulating the sale and consumption of alcoholic beverages, attempting to force compliance with arbitrary unconstitutional, so-called government health and safety orders is unconstitutional, unsupported by science, facts, evidence, or law.

Numerous mayors, city councils and law-enforcement agencies throughout the State have recognized that these orders are not laws, regulations or even rules and have not gone through the checks and balances of any legislative or regulatory process and they have properly refused to enforce them against their citizens and their already struggling restaurants/small businesses.

As the California Health and Human Services Secretary, Dr. Mark Ghaly, has admitted, “the current safety orders issued against restaurants, are not a comment on the relative safety of outdoor dining…the decision to include among other sectors outdoor dining and limiting that to restaurants to deliver and provide takeout options, instead really has to do with the goal of trying to keep people home…”

San Diego Department of Health and Safety Officer Dr. Wilma Whooten has testified “penalizing sectors like restaurants and gyms for the case increase is wrong…closure of indoor restaurants during winter time will move people into homes and encourage high-risk gatherings…”. So both have admitted that there is no science, foundation or law, behind these unconstitutional orders, as misdirected at restaurants, salons and gyms.

The foundational basis for the proposed rule is that “ABC Licensees… are allegedly “disregarding the orders from local officials and are thereby harming the public health, safety, and welfare.” However this statement is specious and speculative. As a matter of fact, evidence and contact tracing there no actual foundation that restaurants staying open/serving of alcohol is contributing to the spread of the virus. There is significant and overwhelming evidence restaurants are exercising appropriate safety protocols and there is no identifiable outbreak in the state they can be traced back to a restaurant or a restaurant visit.

Allowing ABC officers emergency revocation powers can only be abused. More importantly, emergency revocation powers are contrary to the 14th amendment to the United States Constitution, which allows due process prior to the government taking away constitutional rights/property.

There are significant medical scientific and political questions that surround this virus infections and deaths almost all of which are due to additional serious comorbidities. We object to the arbitrary, unfounded and unconstitutional proposed text of California Code of Regulations, title 4, section 147.

ABC Response

Comments will be addressed at the end of the comment period.

LATE COMMENTS RECEIVED AFTER CLOSE OF COMMENTS

Comment #83

To whom it may concern,

I would like to voice my concern with the CA ABC‘s threatening to revoke restaurant’s and bars liquor licenses for defying Gov Gavin Newsome’s questionably legal closure order without a hearing and without due process. This is an abuse of your regulatory powers and a clear violation of the owner’s basic Constitutional rights.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #84

Dear Sir or Madam,
Please do not revoke a license without a hearing. That’s unfair and unjust.
We are ALL just trying to survive. Businesses defying tyranny need support, not heaped abuse. Think about it.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #85

Attached you will find the comment to the Administrative Emergency Decisions on behalf of the California Alcohol Policy Alliance (CAPA).

ABC Response

Comments will be addressed at the end of the comment period.

Comment #86

Attached is Pueblo y Salud, Inc. letter of support for the Administrative Emergency Decision Regulatory Action.

ABC Response

Comments will be addressed at the end of the comment period.

Comment #87

Dear Sirs,

I implore you to abstain from being leveraged in a political battle of lawlessness.
Governor Newsom’s mandates exceeded the California’s Constitution. The courts ruled. It appears that the appeals court is unwilling to rule but willing to interfere with the lower courts injunction.

Should the ABC elect to revoke licenses for businesses who stay open despite the Governors ‘orders’, then the ABC has become complicit in the violation of our most basic rights as Americans and as Californians.
We rely on the distinction of the branches of government. The judicial branch has the arm of law enforcement. The job that the ABC executes is important, but at no time should the ABC become the henchmen for a mayor, a governor or any other civil servant who has become power hungry and irrational.

COVID19 is real. How cities and states have decided to manage it have varied. It is easy to see that many government officials and agents have been to enthusiastic in the destruction of small businesses, restaurants and bars. These businesses are the fabric of a once vibrant culture. Please do not participate in lawlessness under the banner of law enforcement. Choose the common sense position that the courts are weighing in, the Governor can call upon law enforcement. You can focus on your job, not your opportunity to flex muscle.

ABC Response

Comments will be addressed at the end of the comment period.

Comments on Administrative Emergency Decisions Pending Emergency Regulation

Comment #70

ABC Response

Comment #71

ABC Response

Comment #72

ABC Response

Comment #73

ABC Response

Comment #74

ABC Response

Comment #75

ABC Response

Comment #76

ABC Response

Comment #77

ABC Response

Comment #78

ABC Response

Comment #79

ABC Response

Comment #80

ABC Response

Comment #81

ABC Response

Comment #82

ABC Response

PRINTED MAIL CAMPAIGN LETTER RECEIVED JANUARY 22, 2021. INDIVIDUALLY SIGNED AND SENT BY 80 COMMENTORS (comments 88-167)

ABC Response

LATE COMMENTS RECEIVED AFTER CLOSE OF COMMENTS

Comment #83

ABC Response

Comment #84

ABC Response

Comment #85

ABC Response

Comment #86

ABC Response

Comment #87

ABC Response

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