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PROVIGO CORP. v. ALCOHOLIC BEVERAGE CONTROL APP. BD.

Docket No. S031492.

7 Cal.4th 561 (1994)

869 P.2d 1163

28 Cal. Rptr.2d 638

PROVIGO CORPORATION, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent. LUCKY STORES, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent.

Supreme Court of California.

April 7, 1994.

Attorney(s) appearing for the Case

COUNSEL

Donahue, Gallagher, Thomas & Woods, Donahue, Gallagher, Woods & Wood, Renee D. Wasserman, A. Clifford Allen, Hinman & Carmichael, John A. Hinman and Lynne A. Carmichael for Petitioners.

Davis, Cowell & Bowe, Steven L. Stemerman, Andrew J. Kahn, Kahn, Soares & Conway, Dale A. Stern, George H. Soares and Robert S. Hedrick as Amici Curiae on behalf of Petitioners.

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Henry G. Ullerich and Floyd D. Shimomura, Assistant Attorneys General, Martin H. Milas, Thomas Scheerer, Linda A. Cabatic and Susan P. Underwood, Deputy Attorneys General, for Respondent.

James K. Hahn, City Attorney (Los Angeles), Debbie Lew and Candice I. Horikawa, Deputy City Attorneys, Robert A. Roth, Mayer & Associates, Martin J. Mayer and Robert Jagiello as Amici Curiae on behalf of Respondent.

OPINION

LUCAS, C.J.

The California Constitution, article XX, section 22, contains provisions proscribing both the sale to, and purchase by, minors of alcoholic beverages. Thus section 22 in pertinent part provides that "[t]he sale ... of any alcoholic beverage to any person under the age of 21 years is hereby prohibited, and no person shall sell ... any alcoholic beverage to any person under the age of 21 years, and no person under...

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