California Court of Appeal

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California Grocers Association v. Dept. of Alcoholic Beverage Control, C070007

In a challenge to an administrative advisory issued by defendant that interprets Business and Professions Code section 23394.7 as providing that "no alcoholic beverages may be sold through any checkout stand that is enabled to allow operation by the customer at the time the customer's check-out transaction commences or at any point during the check-out process,": 1) the advisory is a regulation subject to the Administrative Procedures Act (APA); 2) the advisory is voided because it did not comply with APA procedures; however, 3) the court has the authority to interpret the statute and finds that defendant's interpretation was correct.

Appellate Information

  • Decided 09/19/2013
  • Published 09/19/2013

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel