ACAPULCO v. ALCOHOLIC BEV. CONT. APP. BD.

No. B123929.

79 Cal.Rptr.2d 126 (1998)

67 Cal.App.4th 575

ACAPULCO RESTAURANTS, INC., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent

Court of Appeals of California, Second District, Division One.

October 28, 1998.


Attorney(s) appearing for the Case

Solomon, Saltsman & Jamieson, Ralph Barat Saltsman and Stephen Warren Solomon, Playa Del Rey, for Petitioner.

Hinman & Carmichael, John A. Hinman, Richard D. Warren, Beth Aboulafia, San Francisco, Nielsen, Merksamer, Parrinello, Mueller & Naylor, James R. Parrinello, and John E. Mueller, Mill Valley, as Amici Curiae on behalf of Petitioner.

Daniel E. Lungren, Attorney General, Martin H. Milas, Senior Assistant Attorney General, Silvia M. Diaz, Supervising Deputy Attorney General, and Laura Lee Gold, Deputy Attorney General, for Respondent.


MIRIAM A. VOGEL, Associate Justice.

The Department of Alcoholic Beverage Control regulates the use of underage decoys to enforce the constitutional and statutory prohibitions against the sale of alcoholic beverages to minors. In this case, we address the requirement that, after a completed sale and no later than the time at which a citation is issued, "the peace officer directing the decoy shall make a reasonable attempt to enter the licensed premises and have...

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