Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

An exotic dancer violated a Department of Alcoholic Beverage Control regulation relating to the display of genitals, breasts and buttocks after an undercover officer asked her if her next dance would involve “more skin.” The question presented is whether the officer’s conduct amounted to entrapment as a matter of law. We conclude that it did not.

Introduction

The Department of Alcoholic Beverage Control (the Department) has broad discretion to revoke or suspend a liquor license if it determines “for good cause” that continuing the license would be “contrary to public welfare or morals . . . .” (Cal. Const., art. XX, § 22; Bus. & Prof. Code, § 24200.) Pursuant to its regulations, the Department may take disciplinary action against a licensee that allows its performers to expose their external genitalia or pubic hair, or to expose their breasts or buttocks, unless certain conditions are met, to its patrons. (Cal. Code Regs., tit. 4, § 143.3 (section 143.3).) Entrapment is a defense to a Department licensure proceeding. (See Provigo Corp. v. Alcoholic Beverage Control Appeals Bd. (1994) 7 Cal.4th 561, 569 [ 28 Cal.Rptr.2d 638 , 869 P.2d 1163 ]; Patty v. Board of Medical…