United Liquors, Inc. v. Department of Alcoholic Beverage Control

On October 19, 1960, the Department of Alcoholic Beverage Control filed an accusation in two counts against United Liquors, Inc., the possessor of a general off-sale liquor license. Count I charged violations of Business and Professions Code, section 24755, and rule 99(f) of the department’s rules (Cal. Admin. Code, tit. 4), in that said licensee had, on October 5, 1960, sold two brands of alcoholic beverages at retail at prices less than the minimum resale price provided for in fair trade contracts duly filed with the department. Count II charged a violation of rule 17(e) of the department’s rules in that said licensee had, on the same date, delivered these beverages to a consumer without an accompanying delivery order.

On March 29, 1961, a hearing was duly held before a hearing officer of the department. A special investigator for the department testified he had visited the licensed premises on the date in question and had asked the clerk on duty whether he was entitled to any special discount as a Kaiser Employee Club member. When the clerk requested identification, he produced a club membership card. He also informed the clerk that he could not afford to make a purchase at…