Comments on Administrative Emergency Decisions Pending Emergency Regulation
Comments received during the week of November 30, 2020 to December 6, 2020
Comment #10
From Richard Bis
Dear responsible officials, members, and workers of the California Department of Alcoholic Beverage Control,
My name is Richard Bis and I am a member of the Carson Initiative for Substance Abuse Awareness and Prevention (CISAAP) prevention community coalition, 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 access by youth to alcohol in the City of Carson is a major concern to the community. Youth are getting alcohol from liquor stores already due to the lack of RBS or LEAD training for all alcohol merchants and staff. We discovered this after 3 years of alcohol offsale store environmental scans, store merchant assessment surveys, and merchant committed programs.
Therefore, any more access to alcohol through untrained and unlicensed businesses and deliveries will turn the alcohol youth use and abuse problems in the City of Carson even worse especially during the pandemic.
ABC needs to take an equity-based approach and consider how those most impacted by sting operations for lack of compliance are those least informed and already heavily policed as opposed to creating regulation to address the LACK of procedure.
In addition, I DEMAND that ABC take public health and safety precautions and REGULATE 3rd party delivery. This is important because there is a lack of oversight of it. The need to train and give training to 3rd party delivery makes sure that they are informed of the proper procedures and safety process in their alcoholic business. There are many loopholes in which public health and youth access to alcohol is in danger of increasing youth use and Covid-19 cases due to 3rd Party Delivery. Let’s make sure that alcoholic responsible beverage services training are available and given to all alcohol businesses. Let’s make sure that all alcohol businesses are also licensed to provide alcohol including 3rd Party Delivery.
We are in a global pandemic and while supporting economic interests is a part of our society, ALL handling alcohol sales in all capacities need to be held to the same standard of regulation. Businesses cannot be saved at the expense of innocent lives. People are more important than profit during a pandemic.
For 14 years, we continue to work for prevention in the framework of alcohol access and availability by the youth, alcohol abuse and alcoholism public health prevention, and public safety drunk driving prevention in the City of Carson. We totally see the need to suspend liquor licenses immediately that are willfully remaining open past curfew, with indoor service, over capacity, and/or without proper public safety precautions. Second, we DEMAND ABC take public health and safety precautions and REGULATE 3rd party delivery just like any other alcohol beverage businesses.
With thanks,
Richard Bis
ABC Response
Comments will be addressed at the end of the comment period.
Comment #11
From Sandy Logan
My name is Sandy Logan 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, overcapacity, and/or without proper public safety precautions because we are in a global pandemic and while supporting economic interests is a part of our society, ALL handling alcohol sales in all capacities need to be held to the same standard of regulation. Businesses cannot be saved at the expense of innocent lives. People are more important than profit during a pandemic.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #12
I am writing to express my opposition of the proposed Emergency Administrative Decisions. A license holder has a constitutional right to face their accuser and is innocent until proven guilty. The proposed emergency procedure to cite and seize licenses BEFORE an administrative hearing strips the license holder of both of these rights. Furthermore, the agreements and contracts entered by both parties when the license was issued include an administrative hearing. Removing this procedure is a breach of contact.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #13
From Rosie Mainella
Hello: This is Rosie Mainella from Pueblo y Salud Palmdale office. I would like to let it be known that this new 3rd party delivery should not be allowed to take place if there is no regulation in place.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #14
From Aurora Hernandez
My name is Aurora Hernandez and I am a member of California Alcohol Policy Alliance and a prevention coordinator with Pueblo y Salud. I am in SUPPORT of Administrative Emergency Decisions Regulatory Action because our community is in desperate need of safeguards that protect the communities that are already suffering from other social inequities. We are suffering disproportionately the harms of alcohol and to allow these businesses to continue operating irresponsibly would only exacerbate the issue.
In addition, we DEMAND ABC take public health and safety precaution and REGULATE 3rd party delivery. This is important because there is already a dearth of resources and enforcement to uphold the current city ordinance (single serve ban). Delivery can not be yet another way for businesses to exploit our community’s vulnerability.
We are in a global pandemic and while supporting economic interests is a part of our society, ALL handling alcohol sales in all capacities need to be held to the same standard of regulation. Businesses cannot be saved at the expense of innocent lives. People are more important than profit during a pandemic.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #15
From Jeanne Shimatsu
My name is JEANNE SHIMATSU, and I am the Prevention Coordinator with the Asian American Drug Abuse Program, or AADAP Inc., located in Los Angeles County where we provide treatment through prevention services. I am also a member of several community coalitions that address alcohol and other drug prevention: South Bay Communities Creating Change (SBC3) and California Alcohol Policy Alliance.
I am in SUPPORT of the 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 in the communities we serve, alcohol availability and access is on-going issue affecting our low-income families, particularly our youth of color. Closing the loophole with this regulatory action will protect the public health, safety, and welfare without waiting for a lengthy litigation process. This regulatory action will provide clarity to law enforcement officers, ABC licensees, and the public of the regulatory procedure to implement administrative emergency decisions to stop bad actors.
In addition, we DEMAND ABC take public health and safety precaution and REGULATE 3rd party delivery. Your own investigations have shown over 70% failure of compliance of 3rd Party Delivery. Under COVID conditions youth are able to access alcohol has increased as a serious problem, with subsequent health dangers of under-age alcohol use. We have witnessed food deliveries that include alcohol, simply dropped off at the doorstep without any interaction with the customer. This clearly shows a failure to properly check for ID to comply with the legal age limit. This problem with third-party alcohol delivery and youth access is pervasive. ABC must hold the Delivery App businesses accountable during this time of weakened alcohol laws. There needs to be policy driven protocol used by all delivery apps that formalizes a Responsible Beverage Service Training for 3rd Party Delivery providers, and a system that verifies the legal age upon delivery of alcohol drinks and products. Actions to prevent third party delivery alcohol access and use by our youth must be made a priority.
We are in a global pandemic and while supporting economic interests is a part of our society, the handling of alcohol sales in ALL capacities needs to be held to the same standard of regulation. Businesses cannot be saved at the expense of innocent lives, especially that of our youth.
ABC Response
Comments will be addressed at the end of the comment period.
Comment #16
From Traci Saruwatari
My name is Traci Saruwatari, community organizer with Asian American Drug Abuse Program. I am writing in support of Administrative Emergency Decisions Regulatory Action. I am writing as a community organizer concerned about the health and wellbeing of youth in my community but mostly as a mother of two young adult sons. My concern is with third party delivery services. I feel that ABC needs to take public health and safety precautions and delivery services need to have regulations put into place.
At the beginning of the Pandemic, my son who is of legal age, 22 years old decided to order alcohol online because he was curious about the process. He placed his order, told me about it and had to leave for work before his delivery arrived. When the delivery arrived, my younger son who is 19 answered the door. The delivery person asked for my older son and was told that he was not there at the moment. I knew the order was coming so I intervened and asked if they needed to see an ID and was told that it wasn’t necessary. This was a ‘red flag’ to me as a parent. I am not sure if the delivery person would have left the alcohol with my younger son without checking ID had I not been home. It is clear to me that there needs to be regulations put into place for delivery services on the proper sale and delivery of alcoholic products to keep underage youth safe.
Thank you for your consideration,
ABC Response
Comments will be addressed at the end of the comment period.
Comment #17
From Assemblyman James Gallagher
To Whom It May Concern:
I have strong concerns with the proposed regulations for Emergency Administrative Decisions for accusations against licensees. The overly broad language of the proposed regulations significantly harms licensees by limiting due process and making it more difficult for businesses to defend against unjust determinations.
The proposed regulations, originally introduced as an emergency measure, are wholly inappropriate as a permanent measure. This is exemplified by the Office of Administrative Law’s decision to apply the initial emergency measure only until January 26, 2021. If made permanent, the Department of Alcoholic Beverage Control will have unprecedented power to punish licensees prior to providing an opportunity for licensees to defend against accusations. This is not “closing a loophole” as the Department of Alcoholic Beverage Control states, but rather, it is removing due process from the equation.
Furthermore, section 147 (b)(6) of the proposed regulations gives the Department of Alcoholic Beverage Control the authority to suspend or modify licensed privileges when a licensee is acting in conflict with an order from a federal, state, or local official to protect the public health, safety, and welfare. The Department of Alcoholic Beverage Control has no statutory authority or jurisdiction to enforce such orders, nor is it equipped to do so.
Bearing all of this in mind, I strongly request the proposed regulations for Emergency Decisions be rejected. If passed, due process will be significantly limited for licensees and the authority of the Department of Alcoholic Beverage Control will be expanded beyond what is appropriate.
Thank you for your immediate attention to this matter. If you have any questions or need further infonnation, please contact my office at (530) 895-4217.
Sincerely,
ABC Response
Comments will be addressed at the end of the comment period.
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Comment #18
From Edgar B “Pete” Downs
On behalf of the membership of Family Winemakers of California, thank you for the opportunity to comment on the proposal to adopt Rule 147. Our trade association which was established over 30 years ago, and represents predominately small to medium sized wineries throughout the state.
The Department has requested that this rule due to the Covid-19 pandemic and the ongoing state of emergency. However the rule, is not limited to emergency orders that are in effect nor limited to emergency situations. Therefore, this rule, if adopted as written, will give the ABC broad powers over licensees well beyond our current emergency situation.
The ABC currently has sufficient power to address licensees that violate regulations. Licensees also have protections granted under the California Constitution, the Government Code and the Administration Procedures Act. The proposed Rule seeks to deny the licensees protections of due process.
One potential area of jeopardy for some of my members could be that a disgruntled neighbor, or even a competitor, could use this Rule to prevent a legitimate licensee from operating their business by filing a false or misleading claim which, according to the proposed rule, could lead to an immediate license suspension. The Department, according to the regulation, could “determine(d) the following circumstances constitute an immediate threat to the public health, safety, or welfare that requires immediate administrative action through an emergency decision”. This seems to sidestep due process.
ABC obviously has the authority to enforce its regulations. My members are concerned that this rule will bypass a licensees’ right to a fair trial at an open hearing. Of particular concern is the requirement for the Department giving notice of a hearing to the licensee “if practicable”. I fail to see how it would be impracticable for notice not to be given.
Thanks you again for this opportunity to comment on Rule 147.
Edgar B “Pete” Downs
President
Family Winemakers of California
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 #19
From Well spoken (written) on our behalf RON
ABC Response
Comments will be addressed at the end of the comment period.
TRACE
Law Enforcement Reporting
LEAD
Off-Sale Licensee Training
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