Kirby

Petitioners are a group of liquor distillers and wholesalers. In their petition for mandate they seek alternative kinds of relief, either a writ restraining the Director of Alcoholic Beverage Control from enforcing an amended administrative regulation of his department or a writ directing the superior court to hear and determine a lawsuit directed to the same end. Appearing as amici curiae in petitioners’ support is the California Grocers Association, which states that it represents 5,800 California retail stores. At the inception of this action we issued a pendente lite order staying enforcement of the regulation.

The regulation in question is rule 100, found in title IV, chapter 1, California Administrative Code, as emended December 10, 1970. For some years the rule had dealt with the^ttiechanics by which distilled spirits producers and wholesalers posted their wholesale price lists with the department. The central aim of the 1970 amendments was to restrict wholesalers in the varieties and rates of discount offered from the basic single-case price. Petitioners make a dual attack upon the discount restrictions, charging that amended rule 100 exceeds the department’s…