Seagram Sons v. Hostetter

1 Analyses of this case by attorneys

  1. Does The California Department Of Alcoholic Beverage Control Have Exclusive Jurisdiction Over All Disputes Involving The Sale Of Alcohol?

    Mulcahy LLPKevin AdamsMarch 21, 2018

    Control v. Superior Court 268 Cal.App.2d 67 (1968) (court sustained the ABC Act’s constitutionality and authority of Department in a case involving a license suspension, i.e., a quasi-judicial action); see also, Kirby v. Superior Court, 275 Cal.App.2d 975 (1969) (court viewed the legislative restriction upon superior court jurisdiction of the sale of alcohol as a reasonable implementation of the alcoholic beverage provision of the State Constitution); California v. LaRue, 409 U.S. 109, 119 (1972) (A State has broad power under the Twenty-first Amendment to specify the times, places, and circumstances where liquor may be dispensed within its borders.); Joseph E. Seagram & Sons v. Hostetter, 384 U.S. 35 (same); Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324, 330 (same); Dept. of Revenue v. James B. Beam Distilling Co., 377 U.S. 341, 344, (same); California v. Washington, 358 U.S. 64 (same); Ziffrin, Inc. v. Reeves, 308 U.S. 132 (same); Mahoneyv. Joseph Triner, Corp., 304 U.S. 401 (same); State Board of Equalization v. Young's Market Co., 299 U.S. 59 (same); Sail'er Inn, Inc. v. Kirby, 5 Cal. 3d 1, 20 (1971) (“The Legislature may, of course, pass laws to prevent ‘improprieties’ in connection with the sale of alcoholic beverages.”)