Legal Opinion
California Beer & Wine Wholesalers Ass'n v. Department of Alcoholic Beverage Control
California Court of Appeal
Decided May 13, 1988No. C000498PublishedCited by 10 opinions
1Opinion of the Court
Opinion
BLEASE, Acting P. J.
In this original proceeding 1 we hold that subdivision (e)(1) of rule 106 of the Department of Alcoholic Beverage Control (the Department) is invalid for the reason that it authorizes the gift of “supplies” by a wholesaler to a retailer of beer in violation of Business and Professions Code section 25501, subdivision (a). 2 We will conclude that the offending provisions cannot be severed from the subdivision and will accordingly issue a peremptory writ of mandate directing the Department not to enforce it.
Discussion
Petitioners are beer wholesalers and their…
2Cases cited11 opinions
- Morris v. WilliamsCalifornia Supreme Court · 1967
- Santa Barbara School District v. Superior CourtCalifornia Supreme Court · 1975
- Olson v. CoryCalifornia Supreme Court · 1980
- Ralphs Grocery Co. v. ReimelCalifornia Supreme Court · 1968
- Woods v. Superior CourtCalifornia Supreme Court · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cazares v. SaenzCalifornia Court of Appeal · 1989
- Henning v. Division of Occupational Safety & HealthCalifornia Court of Appeal · 1990
- Barlow v. DavisCalifornia Court of Appeal · 1999
- Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals BoardCalifornia Court of Appeal · 2005
- Wilson v. Science Applications International Corp.California Court of Appeal · 1997
5 more not listed; retrieve them via the Exa API.