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PRIME GAS, INC. v. CITY OF SACRAMENTO

No. C062628.

184 Cal.App.4th 697 (2010)

109 Cal.Rptr.3d 261

PRIME GAS, INC., Plaintiff and Appellant, v. CITY OF SACRAMENTO, Defendant and Respondent.

Court of Appeals of California, Third District.

May 13, 2010.

Attorney(s) appearing for the Case

Law Offices of Richard E. Coombs and Richard E. Coombs for Plaintiff and Appellant.

Eileen M. Teichert, City Attorney, and Sheri M. Chapman, Deputy City Attorney, for Defendant and Respondent.

OPINION

BUTZ, J.—

In this appeal we conclude that a local ordinance that prohibits the sale of tobacco products to minors through the sanction of suspending or revoking the retailer's local license to sell tobacco, is not preempted by state law which also prohibits tobacco sales to minors. Consequently, we shall affirm the trial court's judgment finding no preemption.

FACTUAL AND PROCEDURAL BACKGROUND

The City of Sacramento...

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