Abc

Real parties in interest Lucinda D. Keller, Wilbur L. Keller and 7-Eleven, Inc. (licensees), are holders of a liquor license issued by petitioner Department of Alcoholic Beverage Control (ABC). A clerk at a store operated by licensees sold an alcoholic beverage to a minor acting as a police decoy. ABC suspended the license for 10 days. Respondent Alcoholic Beverage Control Appeals Board (Appeals Board) reversed, finding that while the police required their decoy to make a face-to-face identification of the clerk as required by California Code of Regulations, title 4, section 141, subdivision (b)(5) (hereafter Regulations), they violated the section by conducting the identification outside rather than inside the store. ABC sought and we issued a writ of review. (See Bus. & Prof. Code, § 23090.) We annul the decision of the Appeals Board.

Background

On December 20, 2000, at approximately 6:45 p.m., El Cajon police officers using an underage decoy conducted an alcoholic beverage buy at a convenience store operated by licensees. Officer Matthew Conlon and 17-year-old Michael P. entered the store. Michael took a six-pack of beer from a cooler to the checkout counter. The…