Legal Opinion

Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

California Court of Appeal

Decided May 27, 2004No. A104012PublishedCited by 6 opinions

1Opinion of the Court

Opinion

MARCHIANO, P. J.

Petitioner Department of Alcoholic Beverage Control (Department) suspended the liquor license of real parties in interest Aiyaz Masani and Shamin Vasani, doing business in Napa as Emil’s Liquor (licensees), for selling alcohol to a minor who used a fake identification card (ID). The Department rejected the licensees’ assertion of a defense under Business and Professions Code section 25660, which requires the licensee to reasonably rely on an identification issued by a government agency. The Department implicitly found the statute applied to fake ID’s which purport to be…

2Cases cited19 opinions

  1. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  2. DaFonte v. Up-Right, Inc.California Supreme Court · 1992
  3. Mountain Lion Foundation v. Fish & Game CommissionCalifornia Supreme Court · 1997
  4. Johnstone v. RichardsonCalifornia Court of Appeal · 1951
  5. Provigo Corp. v. Alcoholic Beverage Control Appeals BoardCalifornia Supreme Court · 1994

14 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals BoardCalifornia Court of Appeal · 2005
  2. Coats v. Dish Network, L.L.C.Colorado Court of Appeals · 2013
  3. Dept. of Alcoholic Beverage Control v. Alcoholic Beverage etc.California Court of Appeal · 2022
  4. Dept. of Alcoholic Beverage Control v. Alcoholic Beverage etc.California Court of Appeal · 2022
  5. North American Title Co. v. GugasyanCalifornia Court of Appeal · 2021

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API