City of Oakland v. Superior Court

Opinion

REARDON, J.

Many California cities must grapple with nuisances associated with alcoholic beverage sale establishments. Some local entities have adopted ordinances to identify those activities associated with alcoholic beverage sales that constitute nuisances and to eliminate their attendant threat to the public health and welfare by means of an administrative process. The proprietors of alcoholic beverage sale establishments challenge these ordinances, arguing that they trod on the state’s exclusive right to regulate and tax alcoholic beverage sales. We hold that a city ordinance…