Notice of Modification to Text of Proposed Regulations

Information contained in the May 25, 2022, Notice of Modification to Text of Proposed Regulations for Regulatory Action for Drawings for Priority of Obtaining Limited General Licenses.

OAL Notice File Number: Z-2022-0204-02

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 Title 4 sections 69-69.4.

The proposal to add California Code of Regulations Title 4 sections 69-69.4 was originally noticed to the public on February 18, 2022. The proposed regulation had a 45-day comment period that ended at 12:00pm on April 5, 2022. Specifically, the Department of Alcoholic Beverage Control has made the following changes to the proposed regulations:

  1. Clarifying the statutory references in the definitions for “off-sale general license” and “on-sale general license” to ensure accuracy and clarity.
  2. Clarifying various deadlines throughout the proposed regulation as being measured in calendar days.
  3. Clarifying that the department shall provide disqualified priority applications the opportunity to apply for a license if open priority licenses exist for all disqualified applications in each priority license in a specific county.
  4. Clarifying the standard by which the department will disqualify priority winners for not complying with the requirements of the priority application or providing inaccurate information within their priority application.

The necessity of each of these changes will be explained in the Final Statement of Reasons in the final 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 strike though.

Any interested person may submit a written statement relating to the modified language during the public comment period from May 25, 2022, and June 10, 2022. The written comment period will close at 12:00 p.m. on June 10, 2022. 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 rpu@abc.ca.gov.

All written comments received by the Department of Alcoholic Beverage Control by 12:00 pm June 10, 2022, 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 will appear in italic underlined text or in strike though.

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) Shelby Pender, Associate Governmental Program Analyst, Law and Policy Unit, (916) 285-8517 or via email at rpu@abc.ca.gov.