Locker

Department of Alcoholic Beverage Control v. Locker

Good Law
129 Cal. App. 3d 381·181 Cal. Rptr. 55·1982 Cal. App. LEXIS 1330
Court of Appeal of CaliforniaMarch 1, 1982Civ. 61277California2,947 words

Opinion

Opinion

Lui, J.

Appellants appeal from a judgment entered June 9, 1980, permanently enjoining them from, inter alia, violating Business and Professions Code section 23300 by continuing to sell or serve alcoholic beverages under a revoked alcoholic beverage license utilizing a caterer’s permit. For the reasons set forth below, we conclude that the trial court correctly determined that appellants were in violation of section 23300, since their onsale licenses had been properly revoked and they could not thereupon rely on a caterer’s permit, the validity of which was dependent upon the existence of a valid, effective and unrevoked onsale license.

Facts

During all times pertinent hereto, appellants Elmer O. Locker, Jr., and Joyce M. Locker were owners of the night club known as “The Ball” and appellants Elmer O. Locker, Jr., and William C. Coleman were owners of a second nightclub known as “The Other Ball.” Prior to revocation orders issued by respondent, appellants were licensed by the respondent Department of Alcoholic Beverage Control to sell alcoholic beverages at these two premises, by virtue of appellants’ onsale licenses issued pursuant to section 23396. In conjunction with these…

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