California Appellate Tracker

Wiseman Park, LLC v. Southern Glazer’s Wine & Spirits, LLC

October 19, 2017

The Alcoholic Beverage Control Board does not have exclusive jurisdiction to resolve contract disputes between its licensees.

Neither Cal. Const. art. XX, sec. 22 nor Bus. & Prof. Code sec. 23090.5 confers exclusive jurisdiction on the Alcoholic Beverage Control Board to decide contract disputes between its licensees, such as in this case between a wholesaler and a retailer about the interest or penalty charges the wholesaler could impose for failure to pay within specified time periods after receipt of alcoholic beverages for resale. Nor did the ABC have exclusive jurisdiction to construe Bus. & Prof. Code sec. 25509 which provides for certain charges upon a retailer’s failure to pay within 42 days.

California Court of Appeal, Second Appellate District, Division Two (Goodman, J.); October 12, 2017; 2017 WL 4546070.

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Wiseman Park, LLC v. Southern Glazer’s Wine & Spirits, LLC

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