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In the argument between meat-eaters and health nuts about whether salads are a meal, California produce lovers thought they had won the debate over the decades through the spread of entrée salads, half salad / half sandwich combos, salad trios, and salad bars across all kinds of cuisines. But it turns out that those claiming rabbit food is not, in fact, a proper meal, have been right all along.
Read MoreThe 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.
Read MoreOn 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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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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On Friday May 22, 2020 John sat down with Kim Badenfort of the Wine Industry Advisor to discuss the firehose of information coming from the ABC over the last few weeks. John first observed there was so much coming at the industry from the ABC it was difficult for even the most attentive industry member to absorb the information; much less the implications of the proposals.
In summary, John observed:
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