Harris
Harris v. Alcoholic Beverage Control Appeals Board
Opinion
Lead Opinion
Draper, J.
Although this dispute concerns regulation of the drinking habits of striptease entertainers, the record is by no means bare. Filed here are 363 pages of transcript, many exhibits, and 200 pages of briefs.
Respondent director filed an accusation against each of two bars owned by appellant licensee. One charged three violations of department rule 143 (Cal. Admin. Code, tit. 4, art. 22, §143), and eight violations of the Alcoholic Beverage Control Act (Bus. & Prof. Code, § 24200.5, subd. (b)). The other charged one violation of the regulation, and six of the code section. The regulation prohibits a licensee’s permitting consumption by a female employee, on the premises, of any alcoholic beverage purchased there. The statute directs license revocation if the licensee “has employed or permitted any persons to solicit or encourage others, directly or indirectly to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.” After hearing, the department found against the licensee on all counts of both accusations. It ordered suspension of the license for five days on each violation of the regulation and 60 days…