Acapulco Restaurants, Inc. v. Alcoholic Beverage Control Appeals Board

The Department of Alcoholic Beverage Control regulates the use of underage decoys to enforce the constitutional and statutory prohibitions against the sale of alcoholic beverages to minors. In this case, we address the requirement that, after a completed sale and no later than the time at which a citation is issued, “the peace officer directing the decoy shall make a reasonable attempt to enter the licensed premises and have the minor decoy who purchased alcoholic beverages make a face to face identification of the alleged seller of the alcoholic beverages.” (Cal. Code Regs., tit. 4, § 141, subd. (b)(5), italics added.) 1 “Failure to comply with this rule shall be a defense to any action brought pursuant to Business and Professions Code [s]ection 25658.” 2 (Rule 141, subd. (c), italics added.)

In the case now before us, a 19-year-old decoy working with the Los Angeles Police Department entered the Acapulco restaurant, sat down at the bar, and ordered a beer. Without first requesting identification, the bartender served the decoy. The decoy paid for the beer. A police officer seated at a nearby table observed the transaction. The restaurant’s owner (Acapulco Restaurants,…