Rice v. Alcoholic Beverage Control Appeals Board

Opinion

FILES, P. J.

This proceeding was brought here to review a decision of the Alcoholic Beverage Control Appeals Board, reversing a decision of the Department of Alcohol Beverage Control suspending the license of a retail liquor store. The subject matter is the interpretation of Business and Professions Code section 25602 which makes it a misdemeanor to sell an alcoholic beverage “to any obviously intoxicated person.” Specifically, the issue is whether “intoxicated” applies only to alcoholic intoxication, as distinguished from intoxication arising out of a combi*33nation of alcohol and some…