Rice

This proceeding was brought here to review a decision of the Alcoholic Beverage Control Appeals Board, reversing a decision of the Department of Alcohol Beverage Control suspending the license of a retail liquor store. The subject matter is the interpretation of Business and Professions Code section 25602 which makes it a misdemeanor to sell an alcoholic beverage “to any obviously intoxicated person.” Specifically, the issue is whether “intoxicated” applies only to alcoholic intoxication, as distinguished from intoxication arising out of a combi *33 nation of alcohol and some other substance. 1 Upon consideration of the purpose and policy underlying the Alcoholic Beverage Control Act of this state, we have concluded that the statute forbids sale to any “obviously intoxicated person” regardless of the substance or combination of substances which brought on that condition.

By administrative accusation the department charged Strassburger, the operator of a licensed off-sale liquor store, with selling an alcoholic beverage to an obviously intoxicated person named Butler. A hearing on this charge took place before an administrative law judge, where evidence to the following…