Assemblywoman Janet Nguyen joined Assemblymember James Gallagher and fellow colleagues in submitting a letter to the Alcoholic Beverage Control (ABC) requesting they cease enforcement against restaurants who continue operations at this time.
ABC’s administrative and disciplinary actions against licensees are based on the prohibition against permitting a disorderly house, Business and Profess Code §25601.
“These statues were put in place to prevent fights, assaults and public drunkenness, not to discipline small businesses trying to survive during a pandemic,” said Assemblywoman Janet Nguyen. “Our local businesses are doing everything they can to follow best practices and guidelines from the state to keep their employees and consumers safe and healthy. There is no specific data stating that outdoor dining, social distancing, use of masks and robust sanitization contributes to the spread.”
A recent court case in Los Angeles has issued an injunction overturning the ban on outdoor eating in the county for being arbitrary and not based on any specific data. It is estimated that 30% of California’s restaurants are at risk of closing permanently. This industry employs over 1.4 million Californians.
“We find it devastating and inappropriate to continue to punish businesses trying to preserve their livelihood. We hope the ABC will hear our pleas and allow small businesses in our communities to operate without fear of disciplinary action.” Said Assemblywoman Nguyen.