(DOWNLOAD) "Christofferson v. Kaiser Foundation Hospitals" by First Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Christofferson v. Kaiser Foundation Hospitals
- Author : First Appellate District, Division Three Court of Appeal of California
- Release Date : January 05, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In these consolidated cases petitioners seek review of an order by the Alcoholic Beverage Control Appeals Board granting a wholesale beer and wine license to a retailer of alcoholic beverages. We decide here that section 25502 of the Business and Professions Code, which forbids a beer and wine wholesaler from holding an off-sale retail license, necessarily prohibits the holder of an off-sale retail license from obtaining a beer and wine wholesale license. Once the retailer of alcoholic beverages acquires a wholesale beer and wine license, that retailer automatically "holds" the wholesale license; he is accordingly a beer and wine wholesaler "holding" a retail liquor license, and this integration of licenses is specifically forbidden by section 25502. To rule otherwise would be to create the anomalous situation that the right to hold both licenses would depend upon the fortuity of the order in which a party applied for them. But the error of such an incongruous result would go deeper; it would violate the legislative design of segregating wholesale from retail interests; it would permit, rather than prevent, the merging of the marketing functions and powers that the Legislature meant to keep separate.
 "Christofferson v. Kaiser Foundation Hospitals" by First Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free){kind=link}