- 36 -
We think that both parties have missed the mark.
Respondent's determination that each liquor drink contained only
1 ounce of liquor ignores the fact that the majority of
petitioner's liquor purchases were liter bottles, not .750-liter
bottles.34 Petitioner's contention that each liquor drink
contains 1.6 ounces of liquor ignores the discretionary use
allowance which operates to reduce the amount of liquor available
for sale. After a 16-percent discretionary use allowance, each
liter bottle would yield twenty-one 1.3-ounce liquor drinks.35
33(...continued)
each liter bottle, petitioner contends that each shot is at least
1.5 ounces (i.e., 33 ounces � 22 shots = 1.5 ounces per shot).
The parties stipulated that each liter bottle contains 33.5
ounces of liquor; we are unsure why petitioner used 33 ounces per
bottle in his argument on brief.
34 Petitioner purchased .750-liter bottles and liter bottles of
liquor as follows:
Quantity Purchased
Item Purchased 1987 1988 1989 1990
Liquor:
Liter bottles 1,114 1,658 2,087 1,140
.750-liter bottles 60 79 12 9
Total bottles
purchased 1,174 1,737 2,099 1,149
35 We determined that each liquor drink contained 1.3 ounces of
liquor as follows:
Ounces in each liter bottle 33.50
Less: 16-percent discretionary use allowance 5.36
Ounces available for sale 28.14
Divided by 21 shots per bottle 21
Ounces per shot 1.34 (rounded to
1.3)
(continued...)
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