California Court of Appeal Rejects ABC Interpretation of “Single Beverage Condition”

By Daniel Hayes The California Court of Appeal recently rejected the ABC’s reading of a “single beverage condition” it used in a license issued to a Sacramento gas station.  (Dept. of Alcoholic Beverage Control (ABC) v. ABC (Case No. C085199)).  The condition read: “Beer and/or malt beverages shall be sold in original factory packages of a six-pack or greater, except malt based coolers.  At no … Continue reading California Court of Appeal Rejects ABC Interpretation of “Single Beverage Condition”

Three Tiers for California

By Daniel Hayes and Aaron Wais Last week, California’s tied-house law – the Alcoholic Beverages Control Act (Bus. & Prof. Code §§ 23000, et seq.) – withstood a hard-fought First Amendment challenge.  In Retail Digital Network v. Prieto, the Ninth Circuit Court of Appeals was asked to decide whether Business and Professions Code § 25503(h) – which prevents manufacturers and wholesalers from paying money or giving … Continue reading Three Tiers for California