Regulations & Rulemaking

Approved Regulations

Formal Rulemaking Matters Approved by the Office of Administrative Law

Rulemaking agencies, like the Department of Alcoholic Beverage Control, go through the regular rulemaking process outlined in the Administrative Procedure Act, which involves notice to the public, public comment and responses, and a review for necessity and clarity, to establish standards for interpreting and implementing statutes passed by the Legislature. Once completed, approved rulemakings are codified as a regulation with legal effect within the State. ABC’s approved regulatory packages can be found on the Approved Regulations page.

Pending Rulemaking

Formal Rulemaking Matters Pending with the Office of Administrative Law

Conflict of Interest Code Amendments

Every elected official and public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides transparency, ensures accountability, and serves as a reminder to the public official of potential conflicts of interest in governmental decisions. This regulation package proposes to amend the Department of Alcoholic Beverage Control’s Form 700 reporting requirements found in the Conflict of Interest Code.

Pending Regulatory Package

• Notice of Intention to Amend the Conflict of Interest Code

License Application Protests Procedures

This regulatory package addresses the procedures for protests against potential ABC licensees. This was originally noticed on May 10, 2024, with the comment period ending on June 25, 2024. A comment period for the modifications was noticed on September 20, 2024, and ended on November 5, 2024. The comment period for the second modifications was noticed April 18, 2025, and will end at 12 p.m. on May 5, 2025.

Pending Regulatory Package

• Text of Second Modified Proposed Regulations
• Text of Modified Proposed Regulations
• Text of Proposed Regulations
• Updated Initial Statement of Reasons
• Initial Statement of Reasons
• Notice Publication (STD. 400)
• Economic and Fiscal Impact Statement (STD. 399)
• Notice of Second Modification to Text of Proposed Regulations
• Notice of Modification to Text of Proposed Regulations
• Notice of Proposed Rulemaking
• Public Comments
• Responses to Public Comments

WRITTEN COMMENT PERIOD

The written comment period for the License Application Protests Procedures closes at 12 p.m. on May 5, 2025. Please submit any written comments to:

Department of Alcoholic Beverage Control
Law and Policy Unit, Protests
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Email: [email protected]

Applications with Trusts

This regulatory package seeks to define and clarify the requirements for applications for alcohol licenses that include a trust. The comment period for these regulations begins on December 13, 2024, and ends at 12 p.m. on January 28, 2025.

Pending Regulatory Package

• Text of Proposed Regulations
• Initial Statement of Reasons
• Notice Publication (STD. 400)
• Economic and Fiscal Impact Statement (STD. 399)
• Notice of Proposed Rulemaking
• Notice of Scheduled Public Hearing and Extended Comment Period

Proposed Rulemaking

Request for Stakeholder Comment on Preliminary Rulemaking Matters

Trade Practices/Rule 106

Law and Policy Unit is seeking input from stakeholders regarding the revision of the alcoholic beverage trade practices for advertising commonly known as Rule 106. The department requests any comments or input be sent in writing by August 26, 2024.

Proposed Regulatory Package

• Advanced Notice of Proposed Rulemaking