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DEPT. OF ALCOH. BEV. CONTROL v. ALCOHOLIC BEVERAGE CONTROL APPEALS BD.

No. D039443.

122 Cal.Rptr.2d 854 (2002)

100 Cal.App.4th 1094

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD of California, Respondent; 4805 Convoy, Inc., Real Party in Interest.

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

August 2, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, David M. Tiede, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Law Offices of William R. Winship, Jr., San Diego, for Real Party in Interest.

McINTYRE, J.

An exotic dancer violated a Department of Alcoholic Beverage Control regulation relating to the display of genitals, breasts and buttocks after an undercover officer asked her if her next dance would involve "more skin." The question presented is whether the officer's conduct amounted to entrapment as a matter of law. We conclude that it did not.

INTRODUCTION

The Department of Alcoholic Beverage Control (the Department) has broad discretion...

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