Dini

Dini v. Byrnes

Good Law
1917 Cal. App. LEXIS 376·35 Cal. App. 112·169 P. 411
Court of Appeal of CaliforniaOctober 24, 1917Civ. No. 2248.California568 words

Opinion

Lead Opinion

The question presented upon this appeal is whether a person conducting the business of selling alcoholic liquor in licensed territory, who there, receives an order for liquor from a person residing in no-lieense territory, may lawfully deliver such liquor to said purchaser at his place of residence.

Section 13 of the so-called Wyllie local option law (Stats. 1911, p. 599) forbids such a sale unless it comes within the exceptions contained in section 16 of the same act. That section reads: “Nothing in this act shall be interpreted as rendering it unlawful to keep alcoholic liquors for distribution, or to sell or distribute such liquors, in no-lieense territory in the manner and for the purposes in this section provided.” Then follow seven paragraphs, each relating to a particular manner of or purpose in distributing alcoholic liquor; and of these it is admitted that none but the first and seventh can have any bearing upon the question involved, as it relates to this case.

The first of such paragraphs reads: “The serving of such liquors by any person at his own home to members of his family or to his guests, as an act of hospitality, when no money or thing of value is received in…

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