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DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL v. ALCOHOLIC BEVERAGE CONTROL APPEALS BD.

No. C078574.

7 Cal.App.5th 628 (2017)

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; GARFIELD BEACH CVS, LLC, et al., Real Parties in Interest.

Court of Appeals of California, Third District.

January 17, 2017.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Alicia M.B. Fowler , Assistant Attorney General, Peter D. Halloran and Lauren Sible , Deputy Attorneys General, for Petitioner.

Linda A. Mathes , Sarah M. Smith and John D. Ziegler for Respondent.

Solomon, Saltsman & Jamieson, Stephen Warren Solomon , Ralph Barat Saltsman , Stephen Allen Jamieson , R. Bruce Evans , Ryan M. Kroll , Jennifer L. Oden and Margaret Warner Rose for Real Parties in Interest.

OPINION

California Constitution, article XX, section 22, prohibits the sale of alcoholic beverages to persons under 21 years of age. (See also Bus. & Prof. Code, § 25658, subd. (a)1 [making it a misdemeanor to sell alcohol to a person under 21 years of age].) Here, the Department of...

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