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  5. 33 Cal.App.3d 732 (1973)
 

KIRBY v. ALCOHOLIC BEV. ETC. APPEALS BD.

Docket No. 32824.

33 Cal.App.3d 732 (1973)

109 Cal. Rptr. 291

EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; LOUIS M. MILITTI, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

July 30, 1973.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Charlton G. Holland, Deputy Attorney General, for Petitioner.

Leo K. Gallant for Respondent.

Edward Solomon for Real Party in Interest.

OPINION

KANE, J. —

THE ISSUE

In this writ of review proceeding the issue squarely presented is whether a bartender is included within the definition of "any person" as set forth in Penal Code section 303, which reads as follows: "It shall be unlawful for any person engaged in the sale of alcoholic beverages, other than in the original package, to employ upon the premises where the alcoholic beverages are sold any...

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