Rancher Bar & Lounge v. State
Rancher Bar & Lounge v. State
Opinion of the Court
delivered the opinion of the court.
The State, acting under the provisions of Title 12, Chapter 2, W.S.1957, brought an action to revoke the liquor license of the Rancher Bar & Lounge, alleging the violation of § 12-33, W.S.1957 (as amended by c. 130, S.L. of Wyoming, 1965, and c. 162, S.L. of Wyoming, 1969), which forbade the sale of alcoholic or malt beverages to minors. At the conclusion of the trial, the court entered judgment suspending the liquor license of the Rancher Bar & Lounge for thirty days, which suspension was later, on defendant’s motion, reduced to ten days.
Defendant has filed an appeal,
The Wyoming statute, § 12-33 (b), provided in relevant part:
“ * * * A motor vehicle operator’s license * * * shall be prima facie evidence of the age and identity of a person. Proof that a licensee or his employee or agent, demanded, was shown, and acted in reasonable reliance upon the information contained in any one of the above documents of identification, shall be a defense to any criminal prosecution or to any proceeding for the suspension or revocation of any license hereunder.”
Both the defendant and the State agree that the major issue to be determined in the case was whether or not Keating’s reliance on the motor vehicle operator’s license was reasonable. In that connection, defendant points to several California cases,
Defendant argues that the evidence in the case shows there was no alteration of the driver’s license presented to Keating to arouse his suspicion; the testimony was undisputed that Cipolle’s appearance was such as to make it doubtful on which side of the line dividing minority from majority he was; and Keating testified that after examining the license he had no reason to doubt that Cipolle was over the age of twenty-one, otherwise he would have required him to sign a certificate as to age
The State, on the other hand, while conceding that a liquor licensee is not required to act at his peril in order to comply with the “reasonable reliance” provision, argues that the presentation of an out-of-state driver’s license without a photograph attached is itself a doubtful circumstance and further that if the person’s age was not questionable the clerk would not have asked for identification. The State’s position on this point is inconsistent with its concession that reasonable reliance is sufficient and seems to stem from the holdings of several cases cited by it where the controlling statute or ordinance makes no provision for a defense if there is reasonable reliance on a documentary means of identification.
It is our view that the reasonable reliance thesis accepted by the parties is the correct one. Applying that, we find the defendant’s employee, Keating, took in
We have given attention to defendant’s argument that the photographs of the purchaser and his companion were erroneously introduced; but the only authority cited, 3 Jones, Evidence, § 17:52 (6 ed.), is inspecific and, under the circumstances here, unpersuasive.
The order of the trial court suspending defendant’s license was proper, notwithstanding the statements made by the trial court at the conclusion of the case concerning the color of Cipolle’s hair.
Affirmed.
. The State moved that the appeal be dismissed as moot, which motion is overruled as without merit.
. Farah v. Alcoholic Beverage Control Appeals Board, 159 Cal.App.2d 335, 324 P.2d 98; Dethlefsen v. State Board of Equalization, 145 Cal.App.2d 561, 303 P.2d 7; Keane v. Reilly, 130 Cal.App.2d 407, 279 P.2d 152; Conti v. State Board of Equalization, 113 Cal.App.2d 465, 248 P.2d 31; Young v. State Board of Equalization, 90 Cal.App.2d 256, 202 P.2d 587.
. Section 5, c. 130, S.L. of Wyoming, 1965.
. White v. Wheatland Irrigation District, Wyo., 413 P.2d 252, 257; Robinson Transportation Company v. Hawkeye-Security Insurance Company, Wyo., 385 P.2d 203, 206; Chesney v. Valley Live Stock Co., 34 Wyo. 378, 244 P. 216, 221, 44 A.L.R. 1255.
Reference
- Full Case Name
- The RANCHER BAR & LOUNGE, (Defendant below) v. The STATE of Wyoming, (Plaintiff below)
- Status
- Published