Delivery Personnel Beware – The ABC is Coming for You and for the Licensees Hiring You to Deliver Alcoholic Beverages - This Time Its Justified

The ABC “Emergency Rules,” the Delivery Driver Minor Decoy Sting Program and Cocktails-To-Go

As regular readers of this blog are aware Hinman & Carmichael LLP has been defending licensees charged with selling alcohol to minors for well over 30 years.  We have defended hundreds of cases and, when justified by regulatory or law enforcement overreach, have successfully taken cases as far as the California Supreme Court.

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Licensees Beware – the Harsh New ABC Enforcement Rules Are Effective Right Now

On Friday, June 5, 2020, the California Department of Alcoholic Beverage Control notified licensees that the onerous Emergency Regulations it proposed in May have now been “approved” by the California Office of Administrative Law (the “OAL”) for use through January 26, 2021. The new regulations, which now appear on the ABC’s website, raise as many questions as they answer.

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Part 2: LEGAL FAQS ON REOPENING CA RESTAURANTS, BREWPUBS, BARS AND TASTING ROOMS

The very next day after we published what is now Part 1: Legal FAQs for Reopening CA Restaurants, Brewpubs and Tasting Rooms (available here), the California ABC continued its updates. In this latest round, ABC:

1. Provided two updates to its First and Fourth Notices of Regulatory Relief (discussed below), and

2. Provided some additional FAQs on how California bars, wineries, breweries and distilleries can sell drink to-go in connection with meals utilizing the new Covid-19 Temporary Catering Authorization, which our post also discussed. These FAQs outline some technical updates to the application process (which we won’t address here), but we do want to summarize a few additional points we have been getting questions about:

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Booze Rules May 21 - The Latest on the ABC Emergency Rules

The ABC “Emergency Rules” – Second Round Comments to Office of Administrative Law Due by Tuesday May 25, 2020

We lost Round One - The ABC Ignored the Comments Submitted

This is the second blog dealing with the ABC’s new proposed rules changing the process for administrative hearings to adjudicate violations of the ABC Act. We (and many others) submitted comments to the ABC by the Monday May 18th ABC comment deadline.

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  1. It’s 2025 and New Laws for the Alcoholic Beverage Industry are Here, or Coming Soon
  2. The California Cash and Credit Laws: Moving to Mandatory Electronic Fund Transfers Between Wholesalers and Retailers on January 1, 2026 – Cash is no longer Legal Tender
  3. Passage of Title Based Sales – Is it Right for You?
  4. BARS AND NIGHTCLUBS BEWARE! THE DRUG TESTING REGIME STARTS ON JULY 1ST AND YOU MUST BE READY!
  5. Strategic Exit Planning: Positioning Your Alcohol Beverage Business for Successful Acquisition or Investment
  6. New California Alcohol Laws for 2024 – a Mixed Bag of Privileges, Punishments, Clarifications, and Politics
  7. TTB Speaks up on Social Media
  8. Alcohol Trade Practices Update
  9. President Biden just made a big cannabis announcement... what does it mean?
  10. The Uniform Law Commission – Encouraging Consistent State by State Definitions, Protocols and Procedures
  11. San Francisco to the Governor - Review the RBS Program and Delay Implementation. Problems must be Corrected.
  12. TTB and Consignment Sales – Is There a Disconnect Between Policy Development and Business Reality?
  13. RBS ADDENDUM – THE LATEST FROM THE ABC AS THE AGENCY PROVIDES MORE INFORMATION ON THE CALIFORNIA ABC’S MANDATORY RESPONSIBLE BEVERAGE SERVER PROGRAM
  14. THE STATE OF TO-GO BOOZE IN CALIFORNIA
  15. BOOZE RULES SPECIAL EDITION – THE RESPONSIBLE BEVERAGE SERVICE PROGRAM FACTS AND REQUIREMENTS
  16. Competition in the Beverage Alcohol Industry Continues Under the Microscope – Part 3
  17. Competition in the Beverage Alcohol Industry Under the Microscope – Part 2
  18. Competition in the Beverage Alcohol Industry Now Under the Microscope
  19. Alcohol Marketplaces 2.0 Part 5: Looking Ahead
  20. It’s Time for a Regulatory Check-Up: Privacy Policies for email marketing and websites
  21. Alcohol Marketplaces 2.0 Part 4: Who’s responsible for ensuring legal drinking age?
  22. Alcohol Marketplaces 2.0 Part 3: Follow the Money
  23. BOOZE RULES 2021 – NEW CONTAINER SIZES APPROVED FOR ALCOHOLIC BEVERAGES: KEEPING TRACK OF THE TTB’S ATTEMPTS TO REGULATE CONTANER SIZES
  24. Alcohol Marketplaces 2.0 Part 2: Collect sales tax from marketplaces or comply with alcohol guidance?
  25. Alcohol Marketplaces 2.0 Part 1: Solicitation of sales by unlicensed third-party providers
  26. Federal Cannabis Legalization Fortune-Telling
  27. BOOZE RULES – THE DIRECT SHIPPING WARS
  28. California ABC provides additional Covid guidance on virtual events and charitable promotions
  29. Hot Topics for Alcohol Delivery 2020
  30. California Reopening Roadmap is Now a Blueprint for a Safer Economy
  31. The Hospitality Reopening Roadmap to Success
  32. Salads Not A Meal in California, Says ABC
  33. Delivery Personnel Beware – The ABC is Coming for You and for the Licensees Hiring You to Deliver Alcoholic Beverages - This Time Its Justified
  34. Licensees Beware – the Harsh New ABC Enforcement Rules Are Effective Right Now
  35. Part 2: LEGAL FAQS ON REOPENING CA RESTAURANTS, BREWPUBS, BARS AND TASTING ROOMS
  36. John Hinman’s May 22, 2020 interview with Wine Industry Advisor on the ABC COVID-19 Regulatory Relief initiatives and the ABC “emergency rule” proposals
  37. Booze Rules May 21 - The Latest on the ABC Emergency Rules
  38. Part 1: Legal FAQs on Reopening CA Restaurants, Brewpubs, Bars and Tasting Rooms
  39. The ABC’s Fourth Round of Regulatory Relief - Expanded License Footprints Through Temporary COVID-19 Catering Authorizations, and Expanded Privileges for Club Licensees
  40. BOOZE RULES – May 17, 2020 Special Edition
  41. ABC ENFORCEMENT - ALIVE, ACTIVE AND OUT IN THE COMMUNITY
  42. Frequently Asked Questions about ABC’s Guidance on Virtual Wine Tastings
  43. ABC Keeps California Hospitality Industry Essential
  44. ABC REGULATORY RELIEF – ROUND TWO – WHAT IT MEANS
  45. Essential Businesses Corona Virus Signage Requirement Every Essential Business in San Francisco Must Post Sign by Friday, April 3rd
  46. Promotions Compliance: Balancing Risk and Reward
  47. The March 25, 2020 ABC Guidance: Enforcement Continues; Charitable Giving Remains Subject to ABC Rules; and More – What Does it all Mean?
  48. Restaurant and Bar Best Practices – Surviving Covid 19, Stay at Home and Shelter in Place Under the New ABC Waivers
  49. Economically Surviving the Covid Crisis and the Shelter in Place Orders: A Primer on Regulatory interpretations and Options
  50. Booze Rules – Hinman & Carmichael LLP and the Corona Virus
  51. Booze Rules: 2020 and the Decade to Come – Great Expectations (with apologies to Charles Dickens)
  52. The RBS Chronicles: If Your Business serves Alcoholic Beverages YOU NEED TO READ THIS AND TAKE ACTION!
  53. RESPONSIBLE BEVERAGE SERVICE ACT HEARING – OCTOBER 11TH IN SACRAMENTO – BE THERE!
  54. WHEN THE INVESTIGATOR COMES CALLING – BEST PRACTICES.
  55. RESPONSIBLE BEVERAGE SERVICE ACT PROPOSED ABC RULES 160 TO 173 – WHY THE RUSH?
  56. The TTB Crusade Against Small Producers and the “Consignment Sale” Business Model
  57. TTB Protocols, Procedures, and Investigations
  58. Wine in a 250 ML can – the Mystery of the TTB packaging Regulations and Solving the Problem by Amending the Regulations
  59. The Passing of John Manfreda of the TTB: a Tragedy for his family and a Tragedy for the Industry he so Faithfully Served for so Long.
  60. Pride in a Job Well-done, or Blood Money? The Cost of Learning the Truth from the TTB about the Benefits to Investigators from Making Cases Against Industry Members
  61. How ADA Website Compliance Works – The Steps You Can Take to Protect Yourself, Your Website and Your Social Media from Liability
  62. Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
  63. “A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
  64. Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
  65. Decoding the BCC’s Guidance on Commercial Cannabis Activity.
  66. Prop 65 - Escaping a "Notice of Violation"
  67. TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
  68. Heads Up! The ABC Is Stepping Up Enforcement Against Licensees Located Near Universities
  69. Coming Soon: New Mandatory Training Requirements for over One Million “Alcohol Servers” In California – September 1, 2021 will be here quickly
  70. 2019 Legislative Changes for California Alcohol Producers – a Blessing or a Curse?
  71. A Picture (On Instagram) Is Worth A Thousand Words
  72. Playing by the Rules: California Cannabis Final Regulations Takeaways
  73. Hinman & Carmichael LLP Names Erin Kelleher Partner and Welcomes Gillian Garrett and Tsion “Sunshine” Lencho to the Firm
  74. Congress Makes History and Changes the CBD Game for Good
  75. Pernicious Practices (stuff we see that will get folks in trouble!) Today’s Rant – Bill & Hold
  76. CBD: An Exciting New Fall Schedule… or Not?
  77. MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
  78. California ABC's Cannabis Advisory - Not Just for Stoners
  79. NEW CALIFORNIA WARNINGS FOR ALCOHOLIC BEVERAGES AND CANNABIS PRODUCTS TAKE EFFECT AUGUST 30, 2018, NOW INCLUDING ADDENDUM REGARDING 2014 CONSENT AGREEMENT PARTIES AND PARTICIPANTS
  80. National Conference of State Liquor Administrators – The Alcohol Industry gathers in Hawaii to figure out how to enforce the US “Highly Archaic Regulatory Scheme.”
  81. Founder John Hinman Honored with the Raphael House Community Impact Award
  82. ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
  83. Alcohol and Cannabis Ventures: Top 5 Legal Considerations
  84. ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
  85. STRIKE 3 - YOU REALLY ARE OUT! THE ABC'S STRICT APPLICATION OF PENALTIES FOR SALES TO MINORS
  86. TTB Temporarily Fixes Problem with Fulfillment Warehouse Tax Credits - an “Alternate Procedure” for Paying Taxes & Reporting
  87. CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
  88. The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
  89. ‘Twas the week before New Year’s and the ABC is out in Force – Alerts for the Last Week of 2017, including the Limits on Free Rides
  90. Big Bottles, Caviar and a CA Wine Strong Silent Auction for the Holidays!
  91. The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
  92. NORTHERN CALIFORNIA WILDFIRES: UPDATED REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
  93. NORTHERN CALIFORNIA WILDFIRES: REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
  94. Soon to come to your Local Supermarket– Instant Redeemable Coupons of the digital age!
  95. The License Piggyback Dilemma – If it Sounds Too Good to be True, it Probably is
  96. A timely message from our Florida colleagues on the tied house laws, the three-tier system and the need for reform
  97. ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
  98. More on FDA Inspections - Breweries, Distilleries and Questions
  99. WHY THE FDA IS INSPECTING WINERIES
  100. Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees