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Provigo Corp. v. Alcoholic Beverage Control Appeals Bd.

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eBook details

  • Title: Provigo Corp. v. Alcoholic Beverage Control Appeals Bd.
  • Author : Colorado Supreme Court
  • Release Date : January 07, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

The California Constitution, article XX, section 22, contains provisions proscribing both the sale to, and purchase by, minors of alcoholic beverages. Thus section 22 in pertinent part provides that "The sale . . . of any alcoholic beverage to any person under the age of 21 years is hereby prohibited, and no person shall sell . . . any alcoholic beverage to any person under the age of 21 years, and no person under the age of 21 years shall purchase any alcoholic beverage." In these consolidated review proceedings, law enforcement officers used underage persons as decoys in the enforcement of the foregoing constitutional provision against selling alcoholic beverages to minors. (See ibid.; see also Bus. & Prof. Code, § 25658, subd. (a) [further statutory references are to this code unless otherwise indicated].). We must decide whether the constitutional provision forbidding purchases of alcoholic beverages by minors affords a defense to a charge of unlawful sales in situations involving underage decoys. As will appear, we have concluded that article XX, section 22 furnishes no defense to unlawful sales to underage decoys.


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