Final Statement of Reasons

Proposed Adoptions to Title 4

Sections 160, 161, 162, 163, 164, 165, 166, 167, 168, 168.1, 168.2, 168.3, 169, 170, 171, 172, and 173.

Update of Initial Statement of Reasons

The Department has no changes to the Initial Statement of Reasons noticed on August 9, 2019, except for the Addendum to the Initial Statement of Reasons noticed on October 18, 2019, to begin the comment period regarding the modified text of proposed regulations.

Summary and Response to Comments received during the Initial comment Period of August 9, 2019, through October 11, 2019.[1]

The Department received 101 written comments from the public during the public written comment period from August 9, 2019, through October 11, 2019. The Department also received 7 more comments after the close of the comment period. Each comment the Department received is included in its entirety in the Public Comment section of the rulemaking record. The Department’s responses to all issues raised by the public written comments can be found in the Responses to Public Comment section of the rulemaking record.

Summary and Response to Comments received during the modified text Notice Period of October 18, 2019, through November 4, 2019.

The Department received 22 written comments from the public during the modified text written comment period from October 18, 2019, through November 4, 2019. The Department also received 3 more comments after the close of the comment period. . Each comment the Department received is included in its entirety in the Public Comment section of the rulemaking record. The Department’s responses to all issues raised by the public written comments can be found in the Responses to Public Comment section of the rulemaking record.

Summary and Response to Comments received during the public hearing on the proposed regulations held on october 11, 2019.

The Department received 6 separate comments from persons who attended the public hearing on the proposed regulations held on October 11, 2019. Each comment the Department received is included in its entirety in the public hearing transcript in the rulemaking record. The Department’s responses to all issues raised in the public hearing can be found in the Responses to Public Comment section of the rulemaking record.

Alternatives Determination

The Department has determined that no alternative it considered or that was otherwise identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, 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. A detailed discussion of the alternatives researched by the Department can be found within the Department’s Standard Regulatory Impact Assessment attached to this rulemaking record.

The only other alternative that was presented by commenters to the Department to lessen the economic burden upon private persons was the administration of the alcohol sever certification exam by training providers. This alternative was explored in depth prior to the Department’s notice of the proposed regulations and rejected. The reasons for this rejection are outlined within the Department’s Standard Regulatory Impact Assessment attached to this rulemaking record.

Local Mandate Determination

The proposed regulations do not impose any mandate on local agencies or school districts.

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 beyond the studies included in the original notice issued on August 9, 2019.

Statement Of Mailing Notice

(Sections 160-173 of Title 4 of the California Code of Regulations)

The Department of Alcoholic Beverage Control has complied with the provisions of Government Code section 11346.4, subdivision (a) (1) through (4). Regarding the mailing of the notice of proposed regulatory action. The notice was mailed and posted on the Department’s website on August 9, 2019, over 45 days prior to the close of the public comment period and the public hearing, which was held on October 11, 2019.

Dated: ______________                                                        ______________________________

Robert de Ruyter

Assistant General Counsel

Statement of Mailing Notice of Extension of Public Written Comment Period And Scheduling of Public Hearing

(Sections 160-173 of Title 4 of the California Code of Regulations)

The Department of Alcoholic Beverage Control has complied with the provisions of Government Code section 11346.4, subdivision (a) (1) through (4). Regarding the mailing of the notice of the extension of the public written comment period and a scheduling of the public hearing regarding proposed regulatory action. The notice was mailed and posted on the Department’s website on September 24, 2019. The Department issued this notice to address an untimely request for public hearing received on September 20, 2019, and extended the public written comment period to October 11, 2019, to ensure members of the public had enough time to comment and prepare for the requested public hearing.

Dated: ______________                                                        ______________________________

Robert de Ruyter

Assistant General Counsel

Statement of 15-Day Notice of Availability of Modified Text

(Sections 160-173 of Title 4 of the California Code of Regulations)

On October 18, 2019, the Department of Alcoholic Beverage Control mailed and posted to its website the modified text of regulations, notice of the public comment period, and an addendum to the Initial Statement of Reasons for the necessity of the modifications made to the proposed text. The document package was sent to those persons specified in subsections (a) (1) through (4) of Section 44 of Title 1 of the California Code of Regulations. The public comment period for the modified text was from October 18, 2019, through November 4, 2019.

Dated: ______________                                                        ______________________________

Robert de Ruyter

Assistant General Counsel

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Footnotes

[1] Note that the original public written comment period was set from August 9, 2019, through September 24, 2019. Due to requests by commenters, the initial public comment period was extended by appropriate notice to interested parties to October 11, 2019.