(California Court of Appeal) - In a petition for writ of review challenging the Department of Alcoholic Beverage Control's 15-day suspension of an off-sale general license held by a CVS Pharmacy Store after an administrative law judge found the store clerk sold alcohol to a minor decoy,the Alcohol Beverage Control Appeals Board's reversal of the suspension based on California Code of Regulations, title 4, or section 141 (Rule 141) that allows a law enforcement agency to use an underage decoy only in a fashion that promotes fairness,is annulled where: 1) Rule 141 is not ambiguous in requiring minor decoys to respond truthfully only questions approximately their ages; 2) substantial evidence supports the administrative law judge's factual finding that the decoy was not questioned approximately his age; and 3) Rule 141 does not provide CVS with a defense to the accusation it sold an alcoholic beverage to an underage buyer.
Source: findlaw.com