Rice

This proceeding arises on writ of review directed to a proceeding of the Alcoholic Beverage Control Board (Board) which: (1) affirmed a decision of the Department of Alcoholic Beverage Control (Department) finding Markstein Distributing Co. to be in violation of Business and Professions Code section 24200, subdivision (a) and rule 106, subdivision (b), of title 4 of the California Administrative Code; (2) reversed a decision of the Department finding Markstein in violation of Business and Professions Code section 25600; and (3) approved a penalty of 10-day suspension for the violation which it affirms.

Specifically, the matter at bench concerns the legality of the practice of “ribbonizing,” i.e., action by a wholesaler of beer rearranging displays of its own product and that of its competitors upon the self-service shelves of retailers with the consent of the retailer. It concerns, also, the propriety of the exclusion of evidence offered by Markstein to establish that the practice of “ribbonizing” is widespread in the industry and that it employed the practice to meet competition.

We conclude that the practice of “ribbonizing” violates rule 106, subdivision (b), of…