Dave's Market, Inc. v. Department of Alcoholic Beverage Control

This is an appeal from a judgment denying appellant, Dave’s Market, Inc. (hereinafter called the licensee) a peremptory writ of mandate in a proceeding for judi cial review of an administrative decision of the Department of Alcoholic Beverage Control (hereinafter called the Department) ordering the revocation of a general off-sale retail liquor license. The principal issues are the sufficiency of the evidence, alleged prejudicial error in the rejection of certain evidence offered by the licensee, the inclusion of prior charges against the licensee, the propriety of the penalty, and the constitutionality of the statute.

In May, 1960, the Department filed two accusations (Nos. 13623 and 13624) charging that on May 5, 1960, and May 10, 1960, the licensee sold and offered to sell from his licensed premises certain bottles and cases of distilled spirits under the labels of Old Crow Kentucky Bourbon whiskey, Bourbon DeLuxe whiskey, Ancient Age Kentucky Bourbon whiskey and Seagram's Seven Crown whiskey, at sale prices below the applicable fair trade prices. The acts set forth in all of the counts of the accusations were charged as providing grounds for suspension or revocation of the…