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48 California Attorney General Reports and Opinions 1 (1966)

handle is hein.sag/sagca0048 and id is 1 raw text is: OPINIONS
OF THE
ATTORNEY GENERAL
OF CALIFORNIA
Volume 48
Opinion No. 66-89-July 7, 1966
SUBJECT: ALCOHOLIC BEVERAGES-An unlicensed organization may pro-
mote and operate a service generally referred to as Liquor by Wire or
Liquor Gift Service.
Requested by: DIRECTOR OF THE DEPARTMENT OF ALCOHOLIC BEV-
ERAGE CONTROL
Opinion by: THOMAS C. LYNCH, Attorney General
Clarence S. Brown, Deputy
The Honorable James 0. Reimel, Director of the Department of Alcoholic
Beverage Control, has requested an opinion on the following question:
May an unlicensed organization promote and operate a service, generally
referred to as liquor By Wire' or 'Liquor Gift Service' involving retail licensees?
The conclusion is:
Under the factual situation herein contemplated, and for the sake of brevity
set forth in the analysis to follow, the party who forwards the order for the pur-
chaser, or promotes and operates the liquor by wire service is the agent of the
buyer. Since the Alcoholic Beverage Control Act requires that the seller of alcoholic
beverages, as opposed to the buyer, be licensed, the operation of a liquor by wire
service in the manner specified hereafter is not precluded by California law.
ANALYSIS
The details of the liquor gift service or liquor by wire are set out at length
in the opinion request, reading as follows:
1

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