KIRBY v. ALCOHOLIC BEV. ETC. APPEALS BD.

Docket Nos. 32531, 32649, 32650.

47 Cal.App.3d 874 (1975)

121 Cal. Rptr. 572

EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; GEORGE A. VALLERGA et al., Real Parties in Interest. EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; GOURMET, INC., Real Party in Interest. EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; ROBERT B. LATIMER, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

May 1, 1975.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, L. Stephen Porter and Charlton G. Holland, Deputy Attorneys General, for Petitioner.

Leo K. Gallant for Respondent.

Robert Edmondson, Mark C. Peery, J. Bruce Fratis and Richard Saveri for Real Parties in Interest.


OPINION

DRAPER, P.J.

In each of these three cases, agents of the Department of Alcoholic Beverage Control made three purchases of wine from the licensee within a period of a few days. Each purchase was at a price less than the fair trade price. In each case, the three violations were charged against the licensee in a single three-count accusation. As to Vallerga and Latimer, the department imposed penalties of license suspension of...

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