People v. Burger

Defendant is charged in two informations with two separate violations of the Alcoholic Beverage Control Law. The first violation, section 106 (subd. 5, par. [a]), charges the defendant with the sale of whiskey on licensed premises during prohibited hours. The second violation, subdivision 8 of section 106, of the Alcoholic Beverage Control Law, charges the defendant with selling whiskey at a licensed club to persons who were not members or guests of such club.

The defendant has moved against both informations. He claims that section 106 applies only to violations by licensees, and since he is…