Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.

The Department of Alcoholic Beverage Control (the Department) petitioned for a writ of review to annul the decision of the Alcoholic Beverage Control Appeals Board (the Appeals Board) and reinstate the Department’s decision sustaining four accusations against licensee Kajla Petroleum, Inc. and suspending Kajla’s license to sell alcoholic beverages. The Department argued Kajla violated two conditions of its license relating to prohibitions on the sale of single beer or malt beverages and exterior advertising of alcoholic beverages. The Department contended the Appeals Board improperly substituted its own interpretation of one of the conditions (condition three, the single beverage condition) and relied on decisions of the Appeals Board that were not precedential and that misinterpreted that condition. Furthermore, the Department argued the other condition at issue here (condition two, the advertising ban) was reasonable and argued that a disciplinary hearing is not the proper venue for challenging the reasonableness of a license condition in any event. After review, the Court of Appeal agreed with the Department only as to the impropriety of the reasonableness challenge. The Court annulled the decision of the Appeals Board and reinstated the decision of the Department as to the violation of the license condition pertaining to the advertising ban. View "Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd." on Justia Law