Division of Alcoholic Beverage Control v. Maynards Inc.

To support his drug habit, Peter Barone, a cook at respondent Maynards, Inc., t/a “Maynards Café,” sold drugs on several occasions to an undercover law enforcement officer from his place of employment, a restaurant and bar licensed for the retail sale and consumption of alcoholic beverages. That factual setting presents two issues on appeal. First, we must determine whether alcoholic beverage licensees are strictly liable for the acts of their employees and, if so, whether there are any limits to the application of that standard of liability. Second, assuming vicarious liability for an…