Gonzales & Co., Inc. v. Department of Alcoholic Beverage Control

On May 12, 1983, petitioner, Gonzales & Co., Inc. (dba Taylor California Cellars, hereinafter Taylor) published an advertisement in 18 California newspapers offering a $1 rebate, plus postage, to retail purchasers of certain types of its wines. On May 16, 1983, Taylor received a letter from respondent Department of Alcoholic Beverage Control (hereinafter Department) advising Taylor that its promotion was unlawful and instructing Taylor to discontinue the offering or giving of rebates. The Department also issued a “Bulletin” to all wholesale and retail license holders in the state warning them that if they participated in Taylor’s promotion they risked suspension or revocation of their licenses. Taylor sought mandate in this court alleging the Department’s actions were in excess of its jurisdiction. Taylor prays that this court issue a writ “compelling respon dent to refrain from enforcing and threatening to enforce in any manner any interpretation of Business and Professions Code section 25600 as prohibiting cash rebates directly to consumers; ...” (All statutory references are to the Business and Professions Code unless otherwise indicated.) We issued an alternative…