CALIF. BEER WHOLESALERS ASSN. v. ALCO. BEV. ETC. APP.

Docket Nos. L.A. 29858, 29859.

5 Cal.3d 402 (1971)

487 P.2d 745

96 Cal. Rptr. 297

CALIFORNIA BEER WHOLESALERS ASSOCIATION, INC., et al., Petitioners, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; THRIFTIMART, INC., Real Party in Interest. EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; THRIFTIMART, INC., Real Party in Interest. (Consolidated Cases.)

Supreme Court of California. In Bank.

August 11, 1971.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, David W. Halpin, Deputy Attorney General, and Albert G. Evans for Petitioners.

Leo K. Gallant for Respondent.

Steck & Marston and Emil Steck, Jr., for Real Party in Interest.


OPINION

TOBRINER, J.

In these consolidated cases petitioners seek review of an order by the Alcoholic Beverage Control Appeals Board granting a wholesale beer and wine license to a retailer of alcoholic beverages. We decide here that section 25502 of the Business and Professions Code, which forbids a beer and wine wholesaler from holding an off-sale retail license, necessarily prohibits the holder of an off-sale retail license from...

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