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Name: In re Jennifer S.
Case #: A122900
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/10/2009
Summary

A county ordinance concerning consumption of alcohol by minors was not preempted by state law. The minor challenged a Del Norte County ordinance which makes it a misdemeanor for a person under age 21 to have a blood alcohol content of .01 or more while in a public place in the county. She contended that the ordinance is preempted by state law and therefore void. The appellate court disagreed and affirmed. The courts have previously held that regulation of alcohol consumption is not impliedly preempted by state law. The ordinance was enacted to prohibit consumption of alcohol, and does not duplicate state law.