Proposed Adoption of Regulations for Delivery Minor Decoy Requirements

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Current ABC regulations did not include an enforcement mechanism addressing retail alcoholic beverage delivery away from the licensed premises for off-premises consumption. ABC has already enacted these regulations on an emergency basis, but there is a need for these regulations to be adopted permanently to ensure the increase in delivery of alcoholic beverages does not result in persons under 21 years of age obtaining alcohol. The Department has updated and clarified the language from the emergency regulatory action to make this proposed language clearer and more concise. See the full regulations on ABC’s website here https://www.abc.ca.gov/law-and-policy/regulations-rulemaking/

During this certificate of compliance rulemaking process, the Department’s Delivery Minor Decoy Requirements approved emergency regulations remain in effect. The Department will continue to actively conduct investigations and minor decoy operations involving deliveries of alcoholic beverages to minors.

PUBLIC HEARING
ABC has not scheduled a public hearing on this proposed action. However, ABC will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to ABC. Comments may also be submitted by email to [email protected]. Please include “Delivery Minor Decoy Requirements” in the subject if submitted in this fashion to ensure proper response. The written comment period closes at 12:00 p.m. on September 23, 2020. ABC will consider only comments received at ABC Headquarters by that time. Submit comments to:

                                                 Law and Policy Unit
Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

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