The May 11, 2020 ABC “Emergency Rules” Doing Away with Licensee Rights to Due Process and Fair Hearings – Comments in Response Due by May 18th
'Emergencies' have always been the pretext on which the safeguards of individual liberty have been eroded. Friedrich Hayek
Late in the afternoon of May 11th the ABC released an “Emergency” Rule-Making Notice changing the process for administrative hearings to adjudicate violations of the ABC Act.
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On March 19th Governor Newsom ordered Californians to Stay at Home (“SAH” - the state version of the 8 county “Shelter in Place” [SIP] order on March 17th) in an attempt to slow the spread of the Covid 19 pandemic. Eminent physicians across the country are calling for an immediate national SAH or SIP policy to halt the pandemic and save lives. As members of the regulated food, beverage and hospitality industries we all have a responsibility to our fellow citizens to cooperate in the challenges of defeating the pandemic.
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Our political leaders (at the state level at least) are taking responsible steps to address pandemic medical issues through public health initiatives such as “shelter in place” and “social distancing.” The health initiatives vary across the state, and across the country. Shelter in place is in effect in 8 Bay Area counties but is quickly coming to other counties and states (including Sonoma and Monterey Counties). The ability to stay open will vary across locations (for example restaurants outside of the shelter in place counties may remain open with social distancing – although that may quickly change) so we urge taking the most conservative course when planning for the duration.
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The outbreak of COVID-19 is a tragic event that affects us all. At Hinman & Carmichael LLP we express our concern for the communities most affected by the virus and our deepest condolences to the families of those who have lost their lives. We are very much aware of our responsibilities as a global citizen and we are following all guidelines recommended by health officials nationally and locally in the San Francisco Bay Area; including by observing the just announced shutdown in San Francisco and the surrounding counties.
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The Roaring Twenties are coming back, with a vengeance. Wine, Beer and Spirits will be challenged during the next decade by the federal and state government, by consumers, by the anti-alcohol forces of darkness and by the industry itself.
January started off with a bang on January 9th with the 8th Circuit affirming the District Court’s Opinion in the Missouri Broadcasters case…
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