Final Statement of Reasons

Proposed Adoptions to Title 4

Sections 69.1-69.4.

Update of Initial Statement of Reasons

The department has no changes to the Initial Statement of Reasons noticed on April 21, 2023.

Updated Informative Digest

There have been no changes in applicable laws as described in the Notice of Proposed Action. Thus, the department has no changes to the Informative Digest/Policy Statement Overview noticed on April 21, 2023.

Summary and Response to Comments Received During the Comment Period of April 21, 2023, through June 6, 2023 

The department received no written comments during the comment period for this proposed regulation. There were no changes to the proposed text published with the Notice on April 21, 2023.

Alternatives Determination

ABC has determined that no reasonable alternative considered by ABC, or that has otherwise been identified and brought to the attention of ABC, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Local Mandate Determination

This regulatory package creates no new duties or regulatory mandates for licensees, local governments, or ABC.

Additional Documents or Information in the Rulemaking File

The Department of Alcoholic Beverage Control did not add any other documents or information to the rulemaking file.

Justification for Proposed Regulation Being Effective on Filing with the Secretary of State

The department requests that the regulation be effective upon filing with the Secretary of State so that the department’s priority drawing for the current year, 2023 will be able to utilize the procedures established by these regulations to further modernize the priority drawing process begun by regulations adopted in 2022 to eliminate the manual analog process and implement a digital randomized process. Immediate implementation will also allow for sufficient time to give notice to the affected public as to the changed requirements and procedures for drawing held this year. This will create a more transparent and uniform selection process for potential licensees. It will be much more efficient for the entire priority process, beginning on June 30, 2023, to be guided by these proposed regulations, than the regulatory package being made effective after the priority drawing process has begun.