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TRIALS: $10,000,000 LAWSUIT FILED BY THIS LAW FIRM AGAINST NIGHTCLUB OWNERS ALLEGING SERVICE TO OBVIOUSLY INTOXICATED MINOR WHO CLAIMS RAPE BY AN OWNER
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When is sex good? When does consensual sex cross the line to sexual battery? Can one consent to sex if she is too inebriated to understand the consequences of her actions and decisions? If the much older man caused the 19 year old young woman to become intoxicated for the express purpose of taking advantage of her sexually, then did so, is that sexual battery and/or rape since she did not have the ability to consent? And finally if the much older man owns and runs a nightclub business licensed by the state ABC, and if he commits those acts against an obviously intoxicated young woman under 21 years of age, has he violated Bus.& Prof. § 25602.1 (civil liability)? |
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Stephen Jamieson
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A lawsuit we recently filed in Superior Court alleges these facts. As Stephen Jamieson points out: “It may seem like good common sense not to do these things but apparently good "sense" is not common to all ABC Licensees.” |
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Stephen Solomon
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INDIAN CASINOS NEWS AND VIEWS:
Solomon, Saltsman & Jamieson continues to represent California’s gaming and non-gaming tribes on diverse issues such as tribal sovereignty, gaming, alcohol licensing land use, and business disputes. Senior Partner Stephen Warren Solomon explains, “Our Indian Law practice has grown over the last year, and it is really gratifying to help a cross-section of tribes meet the unique challenges they face. |
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We also like to be on the cutting edge and practicing Indian law certainly puts us there.” Solomon says, “gaming, alcohol and entertainment at Indian Casinos also present unique challenges in California. We are getting calls from tribes to help them navigate the ABC process, particularly from tribes looking to expand their ABC licenses as their casinos grow.” Solomon has even decided to do a seminar just for Indian tribes on ABC issues. “We have been conducting ABC seminars throughout the State for years, but because tribes face special challenges for ABC issues, I thought it was time we did a seminar exclusively for tribes and the unique issues they face.” This seminar will be scheduled sometime in March of 2008 and SSJ will send notice to California’s tribes as details are worked out. Tribes with any question should feel free to call Solomon directly. |
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ABC NEWS: PLEADING GUILTY TO A MISDEMEANOR
CAN BE A BASIS FOR REVOCATION OF YOUR ABC
LICENSE OR DENIAL OF YOUR LICENSE APPLICATION
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Pleading guilty or no contest to a crime involving moral turpitude has cost many licensees their ABC licenses and many ABC applicants their opportunity to have their ABC licenses issued. The ABC Act itself requires the Department to revoke a license based on such plea or conviction.
Here’s where getting out of jail cheap may cost you that liquor license. Something many licensees don’t know and what many criminal lawyers don’t know: pleading guilty (or no contest) to a crime of moral turpitude even if it’s “just a misdemeanor” will result in the ABC filing an accusation to revoke your license. |
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Ralph B. Saltsman
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Crimes of moral turpitude include narcotics, fraud, and even petty theft. Lawyers tell clients every day, “Just plead to the theft, and we can get out with a small fine and probation. No jail.” It sounds good until you hear from the ABC. One plea or conviction against a licensee or even against one major shareholder, officer or member of the board of directors of a corporate licensee could affect all the licenses held.
Typically, the ABC’s prosecution of its case will be based on the court records. The Department’s case will last only a few minutes, and then Department will demand revocation. But you haven’t lost yet. Skilled experienced counsel can still save your license. There are myriad defenses and procedural issues that can be pursued, and the propriety of the penalty is always in question. Pleading guilty may certainly draw an accusation for revocation, but it is not the same as just turning in your license. |
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LITIGATION OF INTEREST: Disability Discrimination, Sex Harassment,
Numerous broken bones, Wage & Hour Disputes, Trip/Slip & Fall,
Brain Injury & Paralysis. See details at:
www.ssjlaw.com
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SOLOMON,
SALTSMAN
& JAMIESON
SPEAK OUT
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R. Bruce Evans
LAND USE:
DISCRETIONARY
ENTITLEMENTS
Three recent appearances by Partner R. Bruce Evans before the San Diego County Planning Commission paved the way for SSJ clients to bring business and employment opportunities to Southern California. Evans represented Fresh & Easy Neighborhood Markets (owned by British retailer Tesco), which sought to open two markets in the unincorporated communities of Spring Valley and Fallbrook, and Longs Drugs which sought to build in the rural community of Alpine. In each case, the County initially denied the discretionary approval for the sale of alcoholic beverages based largely on written opposition from the San Diego Sheriff’s Department. After SSJ was retained to handle these appeals, Evans, working with Associate Attorney Julia Sullivan, was able to negotiate with the Sheriff’s Department to craft operating conditions tailored to address the specific law enforcement concerns for each location. As a result, the Sheriff’s Department withdrew its opposition. Despite opposition from the County’s Planning Staff at the public hearing, the Planning Commission granted all three appeals overturning the decisions by the Planning Department. Evans says, “these appeals were successful because we were able to create consensus between stakeholders, community leaders and local law enforcement officials to address their legitimate concerns related to the sale of alcoholic beverages.” |
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