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Modification: Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

Ruling by

Peter A. Krause

Lower Court

Sacramento County Superior Court
Vineyard giving a nonoperational pizza oven to a grocery store for a promotional display did not constitute furnishing a "thing of value" in violation of the Business and Professions Code.



Court

California Courts of Appeal 3DCA

Cite as

2022 DJDAR 9051

Published

Aug. 25, 2022

Filing Date

Aug. 24, 2022

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Mar. 11, 2022

Oral Argument

Jul. 25, 2022


DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL,

Petitioner,

v.

ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD,

Respondent;

BOGLE VINEYARDS, INC.,

Real Party in Interest.

 

No. C094984

(Alcoholic Beverage Control Appeals Board No. AB-9912)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed August 24, 2022

 

ORDER MODIFYING

OPINION

 

[NO CHANGE IN JUDGMENT]

 

THE COURT:

 

It is ordered that the published opinion filed on August 17, 2022, be modified as follows:

 

1. In the first paragraph of the editorial information on page one, beginning with the words "ORIGINAL PROCEEDING," omit the second sentence beginning with the words "The petition is annulled." Insert the following sentence in its place: "The decision of the Department of Alcoholic Beverage Control is reversed, and the decision of the Alcoholic Beverage Control Appeals Board is affirmed."

2. In the disposition on page 12, omit "The petition is annulled."

3. In the disposition on page 12, omit "(Cal. Rules of Court, rule 8.278(a)(3).)"

 

This modification does not change the judgment.

 

BY THE COURT:

HULL, Acting P. J.

MAURO, J.

KRAUSE, J.

#279890

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