Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE STEVE BALDWIN, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Is the Department of Alcoholic Beverage Control required to revoke a liquor license for a third violation of selling alcohol to a minor within a 36-month period? CONCLUSION The Department of Alcoholic Beverage Control may but is not required to revoke a liquor license for a third violation of selling alcohol to a minor within a 36-month period. ANALYSIS The Constitution provides for the licensure by the Department of Alcoholic Beverage Control ("Department") of establishments selling alcoholic beverages within the state. Section 22 of article XX of the Constitution states in part: "The State of California, subject to the internal revenue laws of the United States, shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State. . . . "All alcoholic beverages may be bought, sold, served, consumed and otherwise disposed of in premises which shall be licensed as provided by the Legislature.…