Ammex Warehouse Co. of San Ysidro, Inc. v. Department of Alcoholic Beverage Control for California

Good Law
224 F. Supp. 546·1963 U.S. Dist. LEXIS 8096
United States District Court, Southern District of CaliforniaNovember 27, 19632752California5,547 words

Opinion

Opinion

Carter, J.

This case involves the question as to whether the State of California, through its Department of Alcoholic Beverage Control may prevent the plaintiffs under the guise of regulation, from carrying on a proposed business which plaintiffs claim is protected by the Commerce and the Export-Import Clauses of the United States constitution.

PLAINTIFFS’ PROPOSED OPERATIONS

The plaintiffs are two California corporations which have worked out a method of doing business, consisting of handling of liquor “in bond” and exporting it to Mexico. They have leased premises in San Ysidro at the border near San Diego and in Calexico, at the border in Imperial County. They have made improvements on the property and obtained the various permits from the federal government ; have purchased trucks and are ready to commence business. They have filed bonds with the appropriate United States agencies in the principal amount of $15,000 for each plaintiff.

Plaintiffs’ warehouses are located approximately one mile from the international border between California and Mexico. Each bonded warehouse consists of a bonded storage area and adjoining such bonded warehouse is a display room open to the public, used…

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