Cohon

Cohon v. Department of Alcoholic Beverage Control

Good Law
1963 Cal. App. LEXIS 1783·218 Cal. App. 2d 332·32 Cal. Rptr. 723
Court of Appeal of CaliforniaJuly 16, 1963Civ. 20485California3,853 words

Opinion

Opinion

Molinari, J.

This is an appeal from a judgment denying appellants (hereinafter called the licensees) a peremptory writ of mandate in a proceeding for judicial review of an administrative decision of the Department of Alcoholic Beverage Control (hereinafter called the Department) ordering the suspension of an off-sale retail liquor license issued by the Department.

. On March 13, 1959, the Department filed an accusation against the licensees in five counts charging that on five different occasions the licensees sold from their licensed premises eases of distilled spirits under the labels of Ancient Age whiskey and Cyrus Noble whiskey at sales prices below the applicable fair trade price. The acts set forth in all five counts were charged as providing grounds for suspension or revocation of the licensees’ license under article XX, section 22, of the California Constitution, sections 24200, subdivisions (a) and (b) and 24755 of the Business and Professions Code, and rule 99 (f) of the Department’s rules. (Cal.Admin. Code, tit. 4, § 99, subd. (f). )

■' A notice of defense was filed with the Department in which thé licensees admitted that the beverages listed in the five counts were sold by them…

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