Wiseman Park, LLC v. S. Glazer's Wine & Spirits, LLC

*113 Wiseman Park, LLC (appellant) appeals from the judgment entered following the trial court sustaining the demurrer of Southern Glazer's Wine and Spirits, LLC (respondent) 1 to appellant's complaint without leave to amend. Appellant, the holder of a license to sell alcoholic beverages in its restaurant, purchased alcoholic beverages from respondent, a licensed wholesale distributor of alcoholic beverages. In this action, appellant seeks to recover "carrying charges" it paid respondent on the theory that those charges were not permitted by the Alcoholic Beverage Control Act *114 (ABC Act). 2 The trial court ruled that the California Department of Alcoholic Beverage Control (Department) has exclusive jurisdiction over appellant's claims because appellant's allegations "directly implicate the sale of alcohol."

The Department does have exclusive jurisdiction to issue, deny, suspend and revoke alcoholic beverage licenses according to terms of the ABC Act and regulations *805 adopted pursuant to it. We hold, however, that the consequences of committing a violation of the ABC Act by imposing charges of the type collected by respondent from appellant in this case are not limited to…