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Have a Parklet & Want to Keep It?

The ABC’s Hearing on its New Proposed Rule for Parklets is November 1, 2022



Does your licensed business have a parklet or another temporary expansion separated from your main premises by a sidewalk or similar unlicensed space? Licensees who want to permanently license non-contiguous areas should pay attention to the new rule proposed by the California Department of Alcoholic Beverage Control (the “ABC”). It will allow licensees to permanently expand into these areas if they meet a list of requirements.


If licensees do not permanently license their parklets or other pandemic-era temporary expansions, state law will require their closure by February 28, 2024. Local law may require an even earlier closure date—many licensees have already lost their parklets.



What will the new rule require to license a parklet?

The new ABC regulation requires licensees who want to license a parklet or similar non-contiguous space to meet these rules:


  • Licensees will be responsible for actively monitoring non-contiguous areas

    • Active monitoring means an unobstructed view of the non-contiguous licensed area from the interior of the primary licensed premises

    • Active monitoring can involve security cameras, but must include in-person monitoring too

  • Licensees can sell alcohol only from the main premises; the rule prohibits bars or other temporary or permanent dispensing points in non-contiguous licensed areas

  • Patrons cannot leave any part of the licensed premises with an open container of alcohol, even to travel from a non-contiguous area to a main licensed space (employees must deliver all alcohol to non-contiguous areas)

  • Non-contiguous areas must be clearly marked so boundaries are obvious to patrons

  • Non-contiguous licensed areas cannot be separated from the main licensed premises by an active roadway

  • Licensees will be required to have full authority over non-contiguous licensed spaces, including the right to prohibit someone from entering

  • Only licensees with the exact same privileges for on-sale consumption can share a common non-contiguous area

  • Licensees sharing common non-contiguous areas will all be responsible for any violations that occur in common areas




Have a comment on the new ABC rule?


The ABC is holding a hearing on the proposed rule for premises expansions in just over a week—on November 1, 2022, from 10 a.m. to 2 p.m. The hearing will be licensees’ primary opportunity to comment on the new rule and request changes.


The ABC opened Livestream Registration for the hearing this week. The public can attend via Zoom if they register in advance, or in person at ABC Headquarters at 3927 Lennane Drive, Suite 100, in Sacramento. (https://www.abc.ca.gov/law-and-policy/regulations-rulemaking/) The ABC will accept written comments until 5 p.m. on November 1 at rpu@abc.ca.gov.



Let your voice be heard! Attend the ABC hearing on November 1 and make a comment.


If you have questions about a parklet or similar expansion, please contact me at gillian@gilliangarrettlaw.com.


This blog is dedicated to information about state and national alcoholic beverage regulatory and legal developments I encounter in my practice. These posts are intended for informational use only and are not to be construed as legal advice. If you need legal advice, please consult with your counsel.

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