C.A. 3rd
C070007
The Third Appellate District granted and denied petitions for writ of mandate. The court held that an advisory issued by the Department of Alcoholic Beverages regarding the interpretation of a statute regulating the sale of alcoholic beverages at customer-operated checkout stands was a regulation that was rendered void for the Department’s lack of compliance with the Administrative Procedures Act. The court held further that the statute was enforceable according to the Department’s interpretation because the agency correctly read the section to bar the sale of alcoholic beverages at a customer-operated checkout stand under any circumstances.
