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CALIF. BEER & WINE v. DEPT. OF ALCOHOLIC BEVERAGE

Docket No. C000498.

201 Cal.App.3d 100 (1988)

247 Cal. Rptr. 60

CALIFORNIA BEER AND WINE WHOLESALERS ASSOCIATION, INC., et al., Petitioners, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL et al., Respondents.

Court of Appeals of California, Third District.

May 13, 1988.

Attorney(s) appearing for the Case

COUNSEL

Evans, Latham, Harris & Campisi and Thomas W. Latham for Petitioners.

John K. Van de Kamp, Attorney General, Paul H. Dobson and Ramon M. de La Guardia, Deputy Attorneys General, for Respondents.

Siegel, Moses & Schoenstadt, Morton Siegel, Michael A. Moses, Richard G. Schoenstadt, Livingston & Mattesich, Gene Livingston, Charles R. Teal, Carroll A. Bodie and Michael T. Jones as Amici Curiae on behalf of Respondents.

OPINION

BLEASE, Acting P.J.

In this original proceeding1 we hold that subdivision (e)(1) of rule 106 of the Department of Alcoholic Beverage Control (the Department) is invalid for the reason that it authorizes the gift of "supplies" by a wholesaler to a retailer of beer in violation of Business and Professions Code section 25501, subdivision (a).

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