Notice of Second Modification to Text of Proposed Regulations

Information contained in the May 5, 2023, Notice of Second Modification to Text of Proposed Regulations for Licensing of Permanent Non-Contiguous Areas.

OAL Notice File Number: Z-2022-0906-09

Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of Title 1 of the California Code of Regulations, the Department of Alcoholic Beverage Control is providing notice of changes that have been made to the text of the proposed addition of Title 4 of the California Code of Regulations section 70.

The proposal to update California Code of Regulations Title 4 section 70 was originally noticed to the public on September 16, 2022. The proposed regulation had a 45-day comment period that ended at 5 p.m. on November 1, 2022. A public hearing was also held on November 1, 2022. A second 45-day comment period was noticed on January 25, 2023, and ended at 12 p.m. March 13, 2023.

Specifically, the Department of Alcoholic Beverage Control has made the following change to the proposed regulations:

  1. Clarifying the intent of the regulation by specifying that the main licensed premises must satisfy all requirements for exercising privileges of the license issued.

The necessity of this change will be explained in the Final Statement of Reasons to be submitted at the close of this rulemaking record.

A copy of the full text of the regulation with the proposed changes indicated is attached for your review. Additions to the originally proposed language appear in italic underlined text and deletions are shown in strikethrough. The addition made in the second modification appears in bold underline italics.

Any interested person may submit a written statement relating to the modified language during the public comment period from May 5, 2023 to May 22, 2023. The written comment period will close at 12 p.m. on Monday, May 22, 2023. Submit written comments to:

The Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

Attention: Law and Policy Unit

Comments may also be submitted by email to

All written comments received by the Department of Alcoholic Beverage Control by 12 p.m. on May 22, 2023, which pertain to the indicated changes, will be reviewed, and responded to by the Department’s staff as part of the compilation of the rulemaking file. Please limit your comments to the proposed modifications to the text which appear in bold underline italics.

Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419-8958, or (designated backup contact) Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 823-1310 or via email at