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GONZALES & CO. v. DEPT. OF ALCOHOLIC BEV. CONTROL

Docket No. 22956.

151 Cal.App.3d 172 (1984)

198 Cal. Rptr. 479

GONZALES & CO., INC., Petitioner v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Respondent.

Court of Appeals of California, Third District.

January 25, 1984.

Attorney(s) appearing for the Case

COUNSEL

McCutchen, Doyle, Brown & Enersen and James B. Lewis for Petitioner.

John H. Carley, Linda L. Tedeschi, Erika Wodinsky, Ralph E. Stone and Frederick E. Dooley, Jr., as Amici Curiae on behalf of Petitioner.

John K. Van de Kamp, Attorney General, Richard D. Martland, Chief Assistant Attorney General, N. Eugene Hill, Assistant Attorney General, and Robert L. Mukai, Deputy Attorney General, for Respondent.

OPINION

SIMS, J.

On May 12, 1983, petitioner, Gonzales & Co., Inc. (dba Taylor California Cellars, hereinafter Taylor) published an advertisement in 18 California newspapers offering a $1 rebate, plus postage, to retail purchasers of certain types of its wines. On May 16, 1983, Taylor received a letter from respondent Department of Alcoholic Beverage Control (hereinafter Department) advising Taylor that its promotion was unlawful...

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