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JOSEPH'S OF CALIF. v. ALCOHOLIC BEV. ETC. APP. BD.

Docket Nos. 38284, 38510.

19 Cal.App.3d 785 (1971)

97 Cal. Rptr. 183

JOSEPH'S OF CALIFORNIA, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD et al., Respondents. NICHOLAS A. WILLIAMS, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD et al., Respondents. (Consolidated Cases.)

Court of Appeals of California, Second District, Division Four.

August 30, 1971.

Attorney(s) appearing for the Case

COUNSEL

Ernest E. Sanchez, Tremaine, Gottlieb, Robbins & Sanchez and Mitchell S. Shapiro for Petitioners.

Evelle J. Younger, Attorney General, Edward Duddy and Marilyn Mayer Moffett, Deputy Attorneys General, for Respondents.

OPINION

KINGSLEY, J.

We have consolidated these two petitions because they raise certain common issues of law concerning the imposition of administrative penalties for violation of the minimum price provisions of the Business and Professions Code relating to sales of wine. (Bus. & Prof. Code, § 24862). For the reasons set forth below, we annul the disciplinary order in case No. 38284, but sustain it in case No. 38510.

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