California Grocers Ass'n v. Department of Alcoholic Beverage Control

Opinion

BLEASE, Acting P. J.

This case involves the meaning of section 23394-7 of the Business and Professions Code, which regulates the sale of alcoholic beverages at any customer-operated checkout stands.1 It provides: “No privileges under an off-sale license shall be exercised by the licensee at any customer-operated checkout stand located on the licensee’s physical premises.” (§ 23394.7, as added by Stats. 2011, ch. 726, § 2.) The principal question tendered is whether “customer-operated checkout stand” refers to the stand itself or to the function performed at the stand, and, accordingly,…