Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals

A CVS clerk sold a can of beer to a minor decoy working for the Department of Alcoholic Beverage Control (the Department). The sole issue before the Court of Appeal in this matter was whether the minor made a face-to-face identification of the seller as required by California Code of Regulations, title 4, section 141 (hereafter Rule 141), subdivision (b)(5). The Department suspended Garfield Beach CVS, LLC and Longs Drug Stores California, LLC doing business as CVS Pharmacy Store 9376 (CVS)’s liquor license for 10 days, but CVS appealed and the Alcoholic Beverage Control Appeals Board (the Appeals Board) reversed, finding that an in-store identification of the clerk to the peace officer from about 10 feet away did not constitute a face-to-face identification. The Court of Appeal disagreed and annulled the Appeals Board's decision. View "Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals" on Justia Law