Reimel

Reimel v. Alcoholic Beverage Control Appeals Board

Good Law
1967 Cal. App. LEXIS 1839·256 Cal. App. 2d 158·64 Cal. Rptr. 26
Court of Appeal of CaliforniaNovember 21, 1967Civ. 22905California5,549 words

Opinion

Opinion

Elkington, J.

J. — These consolidated appeals primarily concern the interpretation of Business and Professions Code section 24755 as amended in 1961 which relates to minimum retail price schedules for branded distilled spirits. The section is part of the Alcoholic Beverage Control Act (§§ 23000-25762) which herein will be called the Act.

The individual respondents and real parties in interest were holders of off-sale general liquor licenses issued by the Department of Alcoholic Beverage Control (hereinafter called Department). Against each respondent licensee the Department filed an accusation alleging the sale of branded distilled spirits at prices less than the stipulated minimum retail schedules duly filed with the Department. After hearings the Department found the charges to be true. As to some of respondent licensees, license suspension was ordered; as to the others the sanction was license revocation.

Appeals in each case were taken to the Alcoholic Beverage Control Appeals Board (hereinafter called Appeals Board). The Appeals Board reversed the several decisions of the Department. It held in each case that the record did not establish publication as required by section 24755;…

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